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Home My WebLink About1983-07-18 (Regular) Meeting AgendaCity Council H ting -Regular_ July 18, 1983 • • • 0 • RESOLUTIO ORDINANCE fl-32, • • • 39, 40, 41, 42 ~. 34. • 36 0 0 • • - • 7:30 P .M. - 1. 2. 3. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 18, 1983 Call to order, invotation by Past o r Dan St a ll baum , City on the Hill, 71 East Ya l e Avenue, Denver, p le dg e of allegianOe, and ro l l call. Minutes. (a) Minutes o f the regular me et i ng o f J ul y 5, 1 98 3 . (C opies ent l osed.) Pre-S~heduled Visitors. tion to 10 minutes. (Please liait your presenta - Other Vi sitors. to 5 minutes.) (P le ase li mit your pr e s e ntation P u bli6 He ar i ng. 5 . Co aa unitations -No Action Reco aa en d e d. (a) Minutes of the Plannins and Zoning Co aa ission ae ting of June 21, 1983. (Copi s en6losed.) (b) Minut s of th Publi~ Library Board aeetina of July 12, 1983. (Copies en losed.) 6. Coaaunieations -A tion Ratoaaended. (a) Let er froa Hr. Bill Patterson, aeaber o th 1 tion Coaais1ion, eon6ern1na hi1 r •ianatton froa the Coaai111on. (Copies enelosed.) (b) Coun il Coaauni a 1 n fro a the Dir tor ot Coaaunity Dev lopa ent on erntna 1n aar vtth Firs In u at Banlt or Broadway Coaaer ial ehab Proaraa. (Copiel n lo1 d.) • I • • • • • • Page 2 July 1~, 1983 Agenda (' { •• 7. City Attorney. ( Bills for Ordinances. (a) Bill repealing and reenacting Sections 2 and 3 of Chapter 3, Title XIII, of the 1969 Englewood Municipal Code, as aaended relating to business and occupation taxes upon utility coapanies operating within the City of Englewood. (Bill and Council Coaaunication enclosed.) (b) Bill approving a contract for aunicipal services to perait other governaental entities to use the sewage treataent plant of the City of Englewood. (Copies enclosed.) (c) Bill increasing the aeaberahip of the Parks and Recreation Coaaiaaion to nine aeabers and providing that two aeabera shall be under the age of eighteen years by aaending Title X, Chapter 1, Sections 1, 2, and 4, Engle wood Municipal Code of 1969. (Copies enclosed.) (d) Bill approving a collective bargaining agree- aent by and between City of Englewood, Colorado, and Engle wood Eaployees Association, effective January 1, 1984 through Deceaber 31, 1986. (Copies to be transaitted.) Bill approving a collective bargaining agree- a nt by and betw en the City of Engle wood, Colo rado, and the Engle wo od Fire Fighters Aaaociation, effective January 1, 1984 through Deceaber 31, 1985. (Copi a to be tranaaitted.) Resolution. (f) leaolution adoptina findinaa, conclusion and dectaion of the Ci y Council of the City of nalewood, Colorado -South Clar lon tr t Planned D v 1 pa n • (Coptee ncl • d.) <a> Attorn y'e Ch tc • Ct y ana r. <•) • \ • • • Page 3 July 18, 1983 8. City Manager (Continued). {b) Council Communication from the City Manager's Office concerning the award of bid for the fire pumper. (Copies enclosed.) (t) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. {b) Council Member's Choice. (i) Council Communication concerning appoint- ments to various Boards and Co••isaiona. (Copies enclosed.) 10. Adjourn•ent. ~c~~ City Manager AM/ab • • • • • AGENDA FOR TRE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 18, 1983 7:30 P.M . Call to order, invo~ation by Pastor Dan Stallbaum, City on the Rill, 71 East Yale Avenue, Denver, pledge of allegian6e, and roll call. 1. Minutes. (a) Minutes of the regular meeting of July 5, 1983. (Copies en~losed.) Pre-S~heduled Visitors. (Please liait your presenta - tion to 10 minutes. 3. Other Visitors. (Please liait your presentation to 5 ainutes.) Publ16 Hearing. 5. Coaauni~ations -No Aetion Reooaaended. (a) Minutes of the Planning and Zoning Coaaission aeeting of June 21, 1983. (Copies en~loaed.) (b) Kinutaa of the Publi~ Library Board ae ettna of July 12, 1983. (Copiea an6losed.) Coaaunieationa -A~tion Ratoaaeadad. (a) Latter fro a Hr. Bill Pattaraon, aaaber of tb lae ion Coaaiaaion, eonearnina hia raai na ion froa tba Coaaiaaion. (Copt a antloaad.) (b) Coun 11 Coaaunieati on froa tha Dire tor of Coaaunity Davalopaant onearntna an aareaaant v! h irat lntara a a lank for Broadway Coaaar tal Raha Pro raa. (Copt a n loaad.) • • • Page 2 July 18·, (JJ 7. ~* ( • • • 1983 Agenda City Attorney. Bills for Ordinances. (a) Bill repealing and reenacting Sections 2 and 3 of Chapter 3, Title XIII, of the 1969 Englewood Municipal Code, as amended relating to business and oecupation taxes upon utility companies operating within the City of Englewood. ( Bi 11 and Council Coaaunication enclosed.) (b) Bill approving a contract for municipal services to permit other governmental entities to use the sewage treatment plant of the City of Englewood. (Copies enclosed.) (c) Bill increasing the membership of the Parks and Recreation Coaaiasion to nine members and providing that two aeabera shall be under the age o f eighteen years by amending Title X, Chapter 1, Sect ions 1, 2, and 4, Englewood Muni c ipal Code of 1969. (Copies enclosed.) (d) Bi ll approving a colleetive bargaining agree- ment by and between City of Englewood, Colorado, and Englewood Eaployeea Association, effective Ja n uar y 1, 1984 through Deceaber 31, 1986. (Copi ea to be transaitted.) Bill a pproving a co ll e c tive bargaining agree - a e n t by and between the City of Englewood, Colo rado, and the Eng l ewood Fire Fighters Asao ciation, e ff e c t i v e January 1, 1984 through Dec aber 31 , 198 5 . (Copiea to be transmitted.) Reeol u tion . (f) Reeolution ado p tina findinaa, co n eluaion and deeiaion of the City Council of t he City of !nalavood, Colorado -outh Cla r keon St r eet Plann d Developa ent. (Copt 1 eneloeed.) Other attere. (&) Attorney'• Choice . City Kanaa r. (a) C unctl Co aa unieati n fr a th e Dir etor o n ln rtaa rvicee and the Direct r o Par and cr a tton ~one r ntn bide for the Det n Pond prtn ler ye • P rte, (Copt • cloe • • - • • • • Page 3 July 18, 1983 8. City Manager (Continued). ,V1 \ (b) (e) Council Communication from the City Manager's Office concerning the award of bid for the fire pumper. (Copies enclosed.) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Council Communication concerning appoint - ments to various Boards and Coaaissiona. (Copies enclosed.) ~~~z··· .. City Manager AM /sb • • • - • • ROLL CALL Seconded Moved Ayes Nay Absent Abstain Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis {'/1 !A~ ti ~ a (.-Jl/l) h-~ -i!~r -%.~; • • • • ROll CAll Moved Seconded Ayes Nay Absent Abstain H1gday " Neal ./ Fltzoatrick Weist Bi lo 1./ Bradshaw Otis / II 0 .-t · ;;/;1;1 u-J, A -( 1 ,.n~./ • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiildav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab statn Hiqcav Neal ,/ Fitzpatrick Weist Bi lo ,/ Bradshaw Otis I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ,/ Neal / Fl tzoatrl ck Weist Bi lo Bradshaw Otis I . . Moved 7 2f ;(~.1,_1 J<" /(-'1 7 - Seconded 7 ROLL CALL Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis • • • Ayes Nay Absent Abstain ~~'f $ o uxv.d M(JM/j .)1-"P'-'"'~ :) I I . • • • , . • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n H1gday Neal Fitzpatrick Weist Bi lo Bradshaw Otis /;,, rl /1 ,,., c-!~· n~/) {;_#' .... ~ ) /J' .a ,,, I.,__.... )Jv~,.,(, ...X ·~.-:t .t_ ~ l I"'/ It/) A I .J;ji'J '} ( ·' -)/ ,(I /1• "' ,,.., ) /. (l ) • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fitzpatrick Weist Bi lo Bradshaw Otis v /!ti ? 7 / }f' f!_j} {I w I= ;}--I~ _--1. :?r;J~ -.-r" ~ • I. 1.< ' ..,( , J~; ~ ' (),.., 1 1() t)-~ ~"l-1~/;1 '1 r ,1-- o !. _, '_) ) / {/I''"' ( / / I . • ROLL CALL Moved Seconded Higday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis ~ ::::4:};b ./YJ ~.pd f-t~ ,r; ~("/t 1 Ytq i eo·~ (. if_j {} 'If/ J t ~ . rfl cr--~ J t ')/7/(J.'' t-1'1 • • • Ayes Nay Absent Absta"n I _14·YI f-.l-;:' & I I /I ? I"") C<J .t• "' • II ,.. (. I' 1 I f -,' I •-~ <J r 1 , ~· , ~ • • Move d v ,' ROLL CALL Secon ded Hf<ldav Neal Fltzoatrick Weist ,/ Bi to Bradshaw Otis 1fLI(-<IIitr-r, Hj/1 2/}L/1 1 Y/ ~-~ ) -1 '7/'\ .., 1'-.J 11 .J JLI - { ~IJ )~ "fP tO~~ A (I' 1 • • • ye s ·-' /1. Nay Absent Ab s ta in • • - • • ROLL CALL Moved Seconded Ayes Na y Ab sent Abstain ff1 oc ay Neal / Fl tzpatrick Wei st / Bi lo ,/ Bradshaw Otis 1 c? /'-IF . .PJ.~/7 A' .. 1 ?;: ) ;A ttv: {71} ~] :A 17'1 ... P 0..('17/ll J I ( ) ,1-1./YI? I . • • • ,. • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tai n / HIQday v' Neal Fitzpatrick Weist ./ Bi lo Bradshaw Otis I I • • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal / Fl tzoatrick Weist ,/ Bi lo Bradshaw Otis I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain 17 ~iQCfav Neal ./ Fl tzoatrick Weist Bi lo Bradshaw Otis • I • •/ Moved v ROLL CALL Seconded Hlgday Neal 7 Fitzpatrick Weist Bi lo Bradshaw Otis d-af(J~ :; 0--(Jf~~ • • - Ayes Nay Absent i/ ,/ 3 &;~~ ~~(lAs. /J~ ~JU<J ~ 0 1 ~~~A l-LJIVI ;;; ~p -(], .<'.i/' R. ~ h~ '(1'/l ;.•U,/tll(,_,, 11 ~ 6y d. • Abstain -t.I U •1 r/ ~r' -./ J'.ljH!/'Jsl {JJ ~--t~1 I . • • • • ROLL CALL Moved Seconded a1n Ayes Nay Absent Abst · Higday Neal J Fitzpatrick Wei s t Bi lo V' Bradshaw Otis I 7D ~1. Ucur-4 - Jud ~~ ~ kftLv<~ tij 1-R-U"'~~---:Y- I#'! L.t.{!'~t<.><ff ~,t2fi~ !/cr'j --t-:f6,J:__ ) f ~ -t r ~/.- ( ~ /)'![_ P-t: ~~ £' /l eY7 ::7ur<<_., J . 7 )~-(J)i / • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ¥lqday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday .!' NeaT j Fltzoatrick Weist 8_i lo Bradshaw Otis 7 r-t.<to-f,_tit (J 3i? J ~~ffA ~ • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ,/ Neal Fitzoatrick Weist Bi lo i/ Bradshaw Otis • • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain / Higday Neal Fl tzpatrick Weist Bi lo 1/ Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ,/ Neal / Fl tzoatrick Weist Bi lo Bradshaw Otis I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ¥1qday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis I . . ROLL CALL Moved Seconded Higday NeaT Fl tzoatrick Weist Bi lo Bradshaw Otis j/ j) • • • • • Ayes Nay Absent Abstain l./' 'ALd. tJ/, ,L~~ ' /} __....:;' v '9'/"t 4 U2 _.,(i flrl" • • • • • ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain v Hlgday Neal Fi tzoatrick / Weist .I Bi lo Bradshaw Otis • • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado July 5, 1983 /CL The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m. on July 5, 1983. Mayor Otis, presiding, called the meeting to order. The invocation was given by Father Francis Kappas, Church of All Souls, 4950 South Logan Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present • • • • • • • • Also present were: City Manager McCown City Attorney DeWitt Assistant City Manager Vargas Director of Utilities Fonda Assistant Director of Commun i ty DeveloPiftent (Planning ) D. Ro mans D puty Ci ty Cl erk Watkin s • • • • • • • CO UN CI L MEMB ER BRADS HAW MOVED TO APPR OVE THE MI NUTES OF THE REGUL AR MEET I NG 0 JU N 20 , 1983 . Council Me Jib r Fitzpa rick seconded the •o ion . Upon a call of the roll, the vo e resul ed aa follo ws: Ayes: Council 11 mb r Higday , Neal , Fitzpatrick, W 1st , Bf lo , Br a d s h a w, Otia . Na ys: one. Th Mayor d clared th Jlo t ion carried . • • • • • • • I • July 5, 1983 Page 2 • • .. Pre-scheduled visitor, Mr. Pat Murphy, 4931 w. Qualls Drive, Littleton, was present. Mr. Murphy stated he was present to answer any questions Council might have regarding the planned de- velopment for townhomes on South Clarkson. Mr. Murphy noted the absence of Mr. Robert B. Toof, Jr. who was to appear with him. There were no questions at this time. * * * * * * * Mr. George Konrad representing the Independent Automobile Dealers Association of Colorado appeared before Council. Mr. Kon- rad discussed modifying the Sign Code to allow the use of pennants and banners by used car lots. Mr. Konrad argued that pennants and banners were ways for the consumer to distinguish between used cars sales lots and parking lots. Mr. Konrad suggested that the used car dealers be required to buy an annual permit for pennants and wind signs. Mr. John Komer, 3587 South Hudson, Denver, attorney for the association, asked Council to consider also permitting a vari- ance for size limitation. Mr. Komer stated the pennant, banner, wind sign type of advertisement has been used for years and it the association's desire that it be permit ed to continue. Council Member Bradshaw stated the banners, etc. are a hazard because they distract from o h r signs, specifically street s igns. Further they could become loos and fly away. Council Memb r Neal stat d he b nn r s d v lop a co ~pet i iv ness in gaudy signs. Council Memb r Higd ay spoke to ward having a stringent Sig n Code. Mr. Higday suggested working with th Board of Adjustment and Appeals. Mr. Konrad a a ed he bannera w re a •eana to advertise and atay in bualnea• b cause h u• car d ler• did no advertise on 1 viaton. Council rick con ended th average p raon can differen ia e b car lo s and p r fng lots wi hou the use of bannera. Council M • a d to b ton d do wn, the al&e rl and rae lve. hil d ro d way, ho• ddce•• 11 l Av fo Council. I • July 5, 1983 Page 3 • • • Mr. Palmer stated the banners are necessary for identification be - cause parking along Broadway blocked the vision of his lot. Mr. Konrad was unable to provide accurate information as to whether the use of banners helped reduce the turnover rate of dealers and kept them in business. Council. respond. Mayor Otis thanked Mr. Konrad for bringing his concerns to Mayor Otis stated Council would discuss the request and * * * * * * * Mayor Otis asked if there were any other visitors wishing to address Council. Eva Eisenberg, 4955 South Galapago, appeared before Coun- cil. Mrs. Eisenberg asked for remedy for low water pressure wh i ch she is experiencing at her home. Mrs. Eisenberg stated th is wa s a c onstant problem which she has reported several times before. Director of Utilities, Stu Fonda, appeared before Coun cil . Mr. Fonda stated he was confused about there being a low pre ssu re because this area typically has better pressure than any other part of the City. Mr. Fonda stated he would send out a crew to c he c k the pressure at both the main line and the service line. City Manager McCown stated he was familiar with th pr o- blem and would personally supervise the i nvestigation. Council Member Weist stated he had the line fr o m the main to h i s house repl a c ed and this definitely inc reased the wa t r pr essu re. Mr s . Eisenberg then a s ked f or an updat e o n the wa er o w r cou r t case . City Attorney De Witt x plained the timefr a me by which the aatter would be he rd by he courts . • • • • COU NCIL MEMBER BRA DSHAW MOVED TO CO NSIDER TH 198 4 PROPOSED BUDGET . onded he ao ton. Upon a call of h ollowa: • • • TO OPEN THE PUBLIC H ARtNC Council Me ber eal s c- roll , he v ote r aul d aa Ayeas Council Me •b ra Hl9day , al , 1 zpa etc , W Ia , ilo , radaha w, 0 la. ayal on • • I • • • • . . • July 5, 1983 Page 4 The Mayor declared the motion carried. City Manager McCown explained the purpose of the hearing was to hear from the citizens what they might want considered in the 1984 budget. Mr. McCown stated the budget is in the prepara- tion stage. Mr. McCown stated the hearing is not required and this was a courtesy offered by Council. Mayor Otis asked for comments from the audience. No one spoke. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * • * * * COUNCIL MEMBER HIGDAY MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER PROPOSED USES FOR GENERAL REVENUE SHARING FUNDS FOR 1984. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted a s follow s : Ayes: Nay s : Coun ci l Member s Higday, Neal, Fitzpatri c k, W 1s t, Bi lo , Bradshaw, Ot i s. No ne . The May o r d eclar d the ot i o n c arried. City Manager McCo wn e x plained this wa s t he f i r s t of t wo hearings that are r qulred concerning gen ral rev en ue h r ing funds. The second hearing would be held after the pr oposed budget is au itted . Mr. McCo wn ate ed the City generall y r cei v ed $ 50,000 in general r v nue sharing funds annually . Mr. Co wn in ormed Council tha Congress was considering e x ten ding t h e prograe fo r another thr years . ence . Ma yor 0 1a o one apo e. here w r e ny coe e n a fro m th audi- PU BLIC H A I NC . call of h , I • • • • • July 5, 1983 Page 5 Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * •communications -No Action Recommended• on the agenda were: (a) Minutes of the Water and Sewer Board meeting of May 10, 1983. (b) Minutes of the Planning and Zoning Commission meeting of June 7, 1983. (c) Minutes of the Liquor License Authority meeting of June 8, 1983. (d) Minutes of the Downtown Development Author i ty meeting of June 8, 1983. COUNCIL MEMBER NEAL MOVED TO RECEIVE •coMMUNICATIONS -NO ACTION RECOMMENDED• AGENDA ITEMS 5(A) -5(D). Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Counc i l Members Higday, Neal, Fitzpatr ic k, Wei s t, Bilo, Bradshaw, Otis. Non • Th Ma y o r d ecl ar e d the mot i on c arried • * • * * • • • Ci y nager McCo wn present d a Council Co unication from th Planning and Zoning Commission concerning a p lann d d velopaen a 3324 South Clarkson Str t. Mr. McCo wn noted a public hearing was not required. Mr . Co wn tated he Co mmission r com mend d approval. Aula Do ro hy Roaana O.velo en Co halon h ld on b an an Direc o r o f Co mm u n ity De v elo peent (Pl ann ing) aada h praae n ta io n on behalf of the Co m uni y rta n • Ma . Ro•ana re po r ted t he Pla nn ing ' Zoning a public heari n g on June 7 , 1983 at which tim no ln op ai ion . Ms . Ro ana ata ed all notic a h d a ad. Ha. Roaana d acrib d th d valo men o b • I • • - July 5, 1983 Page 6 • • • five-2 story attached units with 1,102 square footage and unfinish- ed basements. The units will be rental at first and later sold. Ms. Romans stated there were no objections from any City department concerning this development. There will be common landscaping. Mr. Pat Murphy came forward to answer questions concerning the development. Mr. Murphy explained the units were technically townhomes built according to the City Code and FHA guidelines. The units will be sold in the range of $65,000 -$70,000; and will rent in the range of $500 -$600 per month. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PLANNED DE - VELOPMENT AT 3324 SOUTH CLARKSON STREET. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 29 SE RIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER FITZPATRI CK AN ORDI NANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWO OD, COLO RADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING RECIP-ROCAL BORROWING PROGRAM. COUNCIL MEMB ER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 33, SERIES OP 1983, ON PINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council M mbera Higday, Neal, Fitzpatrick, Weist, 81lo, Bradshaw, Otis. Non • The Mayor declared th motion carried. * * * * * • * BY AUTHORITY I • • • July 5, 1983 Page 7 ORDINANCE NO. 30 SERIES OF 1983 • • • COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 29, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1983, ON FINAL READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried . ORDIN AN CE NO. 31 SE RIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMB ER NEAL AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REFUNDING REVENUE BONOS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,325,000 FOR THE PURPOSE OF REFUNDING VALID AND OUT- STA NDING USE TAX REVENUE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID BONOS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND IN- TEREST ON SAID BONOS FROM THE REVENUES OF THE MUNI CIPAL USE TAX; PROVIDING FOR TH ESTABLISHMENT OF AN SCRO W ACCOUNT FOR THE PAY - M T OF THE BONDS TO 8 REFUNDED; AND PROVIDING OTHER COVENANTS A D DETAILS IN CON NE CTION THEREWITH. COU NCIL MEMB ER NEAL MOVED TO PASS COUNCIL BILL 0. 36, SE RIES OP 1983, ON FINAL READING. Council Memb r H1gday second d the •o ion. Upon call of the roll, he vo • reaul ed aa fol-lo wa: Ayes: Naya: Council M mb ra Hlgday, al, 1tzpatrlck, w !at, Bilo, Bradahaw, 0 Ia. one. • • • • - July 5, 1983 Page 8 The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt presented Council Bill Nos. 38 and 39 concerning increasing the membership of the Parks and Recreation Commission to nine members and providing that two members shall be under the age of 18 years. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF COUNCIL BILL NOS. 38 AND 39, SERIES OF 1983. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. Council Member Bradshaw. The Mayor declared the motion carried. Mayor Otis stated the council bills will be reconsidered at the next regular meeting on July 18, 1983. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III, OP THE CITY CODE BY REDISTRICTING COUNCIL DISTRICTS NUMBERS 1 AND 2 WITHIN THE CITY Of' ENGLEWOOD, COLORADO. COU CIL M MB BILO MOV 0 TO PASS COUNCIL BILL 0. 40, S RIES 0 1983, 0 lRST READING. Council M ber Higday a cond d he o ion. Council •ber H1gday ask d 1 public notice waa giv n o! thh change. glv n Ci y At orney De it 0 c:1 tuna. au ed no direct personal no lc h M yor 0 •••• d ap clel newap r ar lclta could r1 n up. • July 5, 1983 Page 9 • • - Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 36 SERIES OF 1983 * * * * * * * A RESOLUTION APPROVING THE REQUIREMENTS FOR A PERMIT TO CONSTRUCT AND TO USE A SANITARY SEWER SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE RESOLUTION NO. 36, SERIES OF 1983. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1983 * * * * * * * A RESOLUTION OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONOS TO FINANCE A PR OJECT FOR SAFEWAY STORE S , INCORPORATED. COU NCIL MEMBER BRADSHAW MOVED TO TABL! RESOLUTION NO. 37, SERI S 0 1983, UNTIL MONDAY JULY 25 , 1983 , FOR A PUBLIC HEARING AT 6:00 P.M. Council M mber Hlgday second d the motion. Upon call of h roll, the vote reaul d s follows: Ay Council M mbe ra Hlgday, Neal, Fl zpatrlck, w 1st, Br dshaw, Otis. Naya: Council 11 mber 81lo . The Mayor declar he o ion carr! d. * • • • • * * • I • ...... July 5, 1983 Page 10 • • .. Mayor Otis called a special meeting for Monday, July 25, 1983, at 6:00 p.m. * * * * * * * City Attorney DeWitt discussed the matter concerning Dar- nell and Coberly vs the City of Englewood. Mr. DeWitt .stated the Court will make the decision whether or not part time employees should receive benefits as regular employees. Mr. DeWitt stated the matter would probably to trial. * * * * * * * City Attorney DeWitt discussed settling the Olson Con-struction case. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY AT- TORNEY TO SETTLE THE OLSON CONSTRUCTION SUIT FOR $90,000. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Director of Public Works and Director of Utilities recommending award of bid for the purchase of a hydraulic ham.er from Booth Rouse Equipment Co•pany for the low bid of $31,625.76. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR PURCHASE OF A HYDRAULIC HAMMER TO BOOTH ROUSE EQUIPMENT IN THE AMOUNT OF $31,625.76. Council Member Bilo seconded th motion. Upon a call of the roll, th vote reaulted aa follows: Ayea: ays: Council Member s Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * • • Ci y Manag r McCo wn noted the scheduled public h arlng for he lndua rial developeen bond appllca ion for Para Ho• rooda waa • I • • • July 5, 1983 Page 11 • • pulled off the agenda. Mr. McCown stated the company did not sub- mit the required documentation to be considered at the hearing. * * * * * * * City Manager McCown informed Council of verbal resignation of Janet Bush from the Downtown Development Authority. * * * * * * * Council Member Neal asked that appointments to the Down- town Development Authority be deleted from the agenda. Council concurred. * * * * * * * Council Member Bradshaw noted an appointment to the Liquor License Authority was pending the rf~eipt of a letter of resigna- tion of a citizen from the Election Commission. * * * * * * * Mayor Otis appointed Valerie Lash (235 East Cornell) com- mencing July 1, 1983, expiring July 1, 1988, recognizing the posi- tion to be a mayorial appointment. * * * * * * * COU NCIL MEMBER BRADSHAW MOVED TO MAKE THE FOLLOWING AP - POINTMENTS: -TO THE PUBLIC LIBRARY BOARD -LOIS STERLI NG (48 00 SOUTH FOX STREET) EFFECTIVE JULY 5, 1983 TO AN UNEXP IRED TERM OF OFFICE EXPIRING FEBRUARY 1, 1986. -TO THE LIQUOR LICENSING AUTHORITY -KAY MCLAUGHLIN (3959 SOUTH ACOMA STREET) EFFECTIVE AUGUST 4, 1983 TO A THREE-YEAR TERM EXPIRING AUGUST 4, 1986. -TO THE WATER AND SEWER BOARD -SHERI GULLEY (4409 SOUTH SHERMA STRE T) EF CTIVE JULY S, 1983,, TO AN UN XPIRED TERM 0 OFFIC EXPIRING FEBRUARY 1, 198 • -TO TH HOUSING R HAS CO MM ITT E -NORLE • PALMER (2300 AST LOYD AVENUE), TO S RVE AS AM MB R 0 TH ROUSI G R HAS CO- MITT , A CO MM ITT 0 TH HOU ING AUTHO ITY • Council •ber roll, h vote rick seconded he •o ion. Upon • c•ll o d •• !ollow1: • h I • - July 5, 1983 Page 12 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Council Member Neal asked the City Attorney to begin a discussion paper making density a consideration for planned de- velopments. Mr. Neal asked that information be available by mid -September. City Attorney DeWitt stated he would ask Community De-velopment for input. * * * * * * * Council Member Bradshaw complimented Dorothy Roman s and Susan King of the Community Development Department for the i r work with Littleton. * * * * * * * Council Member Bradshaw complimented the Englewood Jayc ee s on the 4th of July celebration. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO GO INTO EXECUT I VE SES SIO N FOLLOWING THE ADJOURNMENT OF THE REGULAR MEET I NG FOR THE PURPOS E OF DISCUS S ING NEGOTIATIONS. Coun ci l Me•ber Hi g d ay s c onded the mo - tion. Upon a c al l of the roll, th vo te r e sul ted a s f o l l ow s : Ayes: Co un cil Members Higday, N al, Fitz pa tric k, Weist , Bilo , Bradsha w, Otis. aya: None. The Mayor declared th otion carri d. * * • * * * * Th re was no further business diacuued. * • * * * • • COU NCIL M M R HlGDAY MOV D TO ADJOUR . • • July 5, 1983 Page 13 • • • Mayor Otis adjourned the meeting without a vote at 9:05 p.m. • I • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 21, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Senti. Members present: Barbre, Becker, Carson, Senti, Stoel, Tanguma, Venard, Allen Members absent: McBrayer Also present: D. A. Romans, Director of Planning Susan King, Senior Planner II. APPROVAL OF MINUTES. June 7, 1983 Chairman Senti stated that the Minutes of June 7, 1983, were to be considered for approval. Carson moved: Stoel aeconded: The Minutes of June 7, 1983, be approved as written. Mrs. Becker commented that the statement on Page 11 regarding the City At- torney's Office, haa be n "softened" considerably, and that ahe understands the need for the "softening"; she s tated that she felt the statement in the minut a is a very succinct way to state what needed to be said. Mr. S nti asked if Mra. B ck r wished to am nd the Minut a. Mrs. B ck r atated ah did not. Th vote waa called: AYES: NAYS: ABSTAI ABS T: B ck r, Caraon, Sto 1, Venard, Allen, Barbre one s nti, Tanauaa Bray r Th •otion carri Mr. n 1 aak d Cor a • ti n to op n th H arin • on Caa 113-83 ntt, Ito 1, v ard, All r • rbr , r I • • • •' • -2- The motion carried. Mrs. Romans noted that Susan King, Senior Planner, is present to answer ques tions of the staff. Mr. Senti asked if the Commission had any questions of the s taff regarding the staff report. No questions were asked o f staff, and Mr . Senti then asked that the applicant be sworn in and present his case. Mr. Rob Gaddy was sworn in, and testified that he is representing the owner of the business, Mr. Larry Blazer. Mr. Gaddy testified that Mr. Blazer owns a Volkswagen repair business in south Denver, whic h business has outgrown the present location. Mr. Blazer has an option to purchase this property st 3718 South Broadway, and plans to relocate his business to this site. Mr. Gaddy stressed that the repair work done by Mr. Blazer is engine repair; no body work will be done on the premises. Mrs. Becker noted that one of the conditions cited for approval of the request is that a landscaping plan shall be submitted for staff review, and that an Occupancy Permit shall not be issued until the landscaping along the front of the building is in place. Mr. Gaddy stated that the prospective purchasers of the site understand the requirement, but had initially questioned this con- dition inasmuch as the entire site is cov red by concrete and asphalt. They have discussed the issue of landscaping with Susan King, and have determined that the required landscaping is something they can live with, and they will comply. Mr. Carson ask d how far north this ownership extended; did it encompass the billboard to the north of the building. Mr. Gaddy stated that the billboard is on another piece of prop rty. Mr. Carson ask d if thi s ownership includ d the ''hill" to the south. Mr. Ca ddy stated that this would be difficult t o d t rmin without r fer nc to the survey; h would gu ss th t part of the hill is includ d in this own rahip. Mr. Carson ditions r d th pplican t s h d r d the r co ndation and con- the taff. Mr. Gaddy stated that th applicants hav f 1 th y c n comply with th conditions. tiun of th proposed 1 nd - • of land in back of apin r thie strip I . • • •' • -3- Mrs, Becker stated that planter boxes such as used around the Schomp dealer- ship are very effective in appearance, Mrs. Becker asked for clarification of the "parking strip". Ms. King stated that this is an area back of the sidewalk and in front of the property line, which is only two to three feet in width; it is part of the public right-of- way, and vehicles may not be parked on that area. Mrs. Becker asked if the vehicles that may be parked on the lot over night are to be parked within the building, or parked on the open lot. Mr. Gaddy stated that the building would accommodate perhaps six vehicles at one time; he stated that there is an area directly back of the building along the alley that is not visible from the street where cars could be parked over night. Mr. Gaddy again stressed that the vehicles to be worked on by Mr. Blazer are not "wrecks"; they are in need of engine repair, and no body work would be done on the premises. Mr. Carson asked why the use is being changed on this site, and what happens to the upholstery business that is presently on the site. Mr. Gaddy stated that Mr. Blazer is purchasing the property from Mr. Beck; the present tenant will be given 90 days to relocate after the purchase is completed. Mr. Venard asked the staff to elaborat on th statement from the Fire Depart- ment that the building will hav to be upgraded. Ms. King stated that sh is not familiar with the specific Fire Code, but that any tim there is a chang of occupancy in a atructure, aom improvements uat be made prior to issuance of a Certificate of Occupancy. Mr. Senti asked if anyon la wished to apeak in favor of the proposed use. No one else spoke in favor of the application. Hr. Senti then asked if anyone wished t o apeak in oppos ition to the propos d us • No one apo k in opposition. the a &iving Post in n h r a r tary r tary with the 1 al notice pu liah d in th notice of the public h arina, and also pr s nted for this property. • Una stated that th ap- copy of th contract to purcha the site, which for inclusion in th file. • • • -4- 2. Motor vehicles being serviced or stored while waiting to be serviced or called for, shall not be parked on the street, in the alley, on the sidewalk, or in the parking strip. 3. All work shall be performed within an enclosed structure. 4. No materials or parts shall be deposited or stored on the premises outside of an enclosed structure. 5. The applicant shall conform with all applicable City codes . 6. A landscaping plan for this area should be submitted for staff review and an Occupancy Permit shall not be issued until landscaping along the front of the building is installed. Mrs. Becker stated that she felt cases such as this point up the very real need for the landscaping ordinance; the staff must have something to back up requests for landscaping. Mrs. Becker noted that this applicant is willing to work with the staff on the landscaping issue, but there is no legal basis to require the landscaping until the ordinance is approved by City Council. Mrs . Becker reiterated that she feels th landscaping ordinance is a very important matter. Mrs. Becker stat d th t she was lso concerned about the possibility of vehicles being parked on the site over night, and noted that sometim s vehicles undergoing motor repair will have the hood removed, and c n be unsightly. Mr. Car on stat d that h would vot in opposition to th motion. H st t d th t h had b n to th subject it , nd f la that "they hould clean up h u ject site is too close to th downtown, and too clos to th r. Carson t t d that h f lt "if the applicant want d to sho y should g t up th r and put th 1 ndscaping in now." Mr. that th building already h s s t n nt that do sn't wan to • v nt wUl b put out to llow this propo ed us in. Mr. C r on th r wa a no aaaur nc the landsc ping would b put in. a. r tt th !rom ao on appl1 tion • • • • -5- that are developing along South Broadway, but feels that it would be presump- tuous of the Comm ission to assume that this property will be ill-kept and trashy by approving the request for Conditional Use. Mr. Steel asked if the motion to approve the Conditional Use carries, can the City hold the applicant to the provision regarding landscaping. Mr s . Romans stated that if the provision of landscaping is made a condition of a ·pproval, the applicant can be held to it. The vote on the motion to approve the Conditional Use was called: AYES: Senti, Steel, Tanguma, Venard, Allen, Barbre, Becker NAYS : Carson ABSENT: McBrayer The motion carried. IV. FINDINGS OF FACT 2855 South Broadway CASE #10-83 Chairman Senti asked if the Commission had any questions or comments on the Findings of Fact for Case Hl0-83. Carson 1110ved: Steel s cond d: The Findings of Fact on Case #10-83 be approved as written. AYES: Steel, V nard, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: Tanguma, Senti ABSENT: McBrayer The motion carri d. V. FIND I OF FACT 3324 South Clarkaon Stre t Chair.an S nti ~ d if th eo.aiaaion h d any questions or c Findings of r ct for Cas #11-83. CASE #11-83 nta on th B k Can n Th Pl nin Co iaaion pprove th Pindin of P ct or c 111-83. n, arbr , B r, r n, Sto 1 S nt1 Th Mti n e rrt d. • • • • - -6- VII. ATTO RNEY'S CHOICE. There was no representative from the City Attorney 's office present. VIII . DIRECTOR 'S CHOICE. Mrs. Romans noted that relative to 2855 South Broadway, which the Commission considered for a Conditional Use at the meeting of June 7, the applicant has been unable to obtain financing for his proposed business, and will have t o try to find another location. Mrs. Romans stated that an application has been r ceived for this same address by a group who want to put in a tire sales business. She noted that the question the staff is posing is whether or not th new applicant will have to go through the procedure of public hearing inasmuch as the site was previously approved for an automotive-related busi- ness as a Conditional Use . Mrs. Romans noted that the location of the building is proposed to be changed from what was approved previously, and the architect representing the applicant has stated that there is "landscaping next door" so that this business shouldn 't have to provide any. Mrs. Romans asked the Com- mission if the conditions placed on Mr. Jacobs in his request for a Conditional Use were to be followed by the new applicant, would they feel it would be n cessary to go through another public hearing. Mr. Allen asked if this had been discussed with the City Attorney. Mrs. Romans stat d that it has not been discussed with the City Attorney. Mr. Stoel asked if the building was the same size. Ms. King stated that the propos d structure is larger, and is proposed to be constructed on the south portion of the lot. M·. King discuss d th issue of landscaping on this sit , noting that the architect has not b n cooperative to this point in tim • Ms. King stated tl t th landsc ping this applicant has indicated they might be willing to install ia in uffici nt in amount, and i not what the Commission approv d two ka ago wh n the site wa a pr viously con ider d for a Conditional Use • • Ktn stat d th th rchit t h propo d givin a statem nt that th ppltcanta would provid landscapin if th hous and landsc ping n xt door r r mov d, but th applic nt want p emission to construct th building nJ op n his bu in as without having to provid landscapin on his own sit . 01 cu d. • • -• • • -7- AYES: Venard, Allen, Barbre, Becker, Carson, Senti, Stoel, Tanguma NAYS: None ABSENT: McBrayer The motion carried. Mrs. Romans discussed staff efforts to obtain utility easements in northwest Englewood, particularly along Hillside Avenue. Mrs. Romans noted that there are only five properties that have not dedicated street right-of-way along Hillside, and that utility poles are located down the center of the s treet. Mrs. Romans stated that a meeting had been held on Hillside Avenue earlier in the day with City staff members and representatives of Public Service and Mountain Bell. Mrs. Romans stated that developers in the area are willing to try to obtain the easement grants from the property owners to facilitate the relocation of the utility lines. Discussion ensued. Mr. Carson asked if the new lines would be underground. Mrs. Romans stated that it is hoped they would be placed underground. Mrs. Romans stated that the staff is also working to obtain right-of-way for West Caspian and West Baltic; the staff will begin attempting to get right-of-way on West Adriatic after August of this year. IX. COMMISSIONER'S CHOICE. Mrs. Becker asked if members of the Commission would be interested in a picnic pot-luck, which she would hostess. Discussion ensued . It was the cons e nsu s of the Commission that if it is convenient for Mrs. Becker, a pot-luck picnic would be held at her home on July 24th. Mrs. Becker stated that she would suggest a menu at the next meeting. Mrs. Becker noted that Page 9 of the Jun 7 minutes reflect that City Attorney DeWitt was to check o n the wording of the State Statute regarding notificat ion t o ten nts wh en units are conv rt d to condominium; she asked if Mr. DeWitt had r e ported back to the s taff on this matter. Mr s . Romans stated that s h e wa s no t awar of any r port from City Attorney DeWitt on th wordin g of th Stat e Statute. Mr • 8 ck r not Mra. 1 h k r pr r pr nt 1 t m eting, City Attorn y D Witt had st t d regulations needed a con id rabl amount of work Sh ask d if theae propoa d r gul tiona. r. • ctor of Com- ul tiona. Witt and nd I f have w rk , and dra t d nd r Aaaia- at d c I • • • • • • -8- mended what was felt to be appropriate, and now get feedback from someone else that "it won't fly". Mrs. Becker asked if anyone else on the Commission felt that the Commission was not getting the proper support from the City Attorney's office that is needed. Mr. Tanguma stated that he did not feel the Commission is presently getting the support that was available when Mr. Berardini was City Attorney. Mr. Tanguma asked whether City Attorney DeWitt had not discussed the matter with Mr. Holland, or did not review the work in progress. Mrs. Romans stated that she could not answer Mr. Tanguma's question; she understood that Mr. Holland had been assigned to work with the Planning Commission. Mrs. Becker noted that Mr. Holland has resigned his position with the City and that Assistant City Attorney Menzies has been ill; she asked what other provision has been made. Mrs. Romans stated that Mr. DeWitt has been authorized to sign a contract with a law firm to do some of the City's legal work until such time as the vacancy created by Mr. Holland's resignation is filled. Mrs. Becker stated that if a firm has been engaged to assist in the legal work, there really should not be the backlog that Mr. DeWitt cited at the last meeting. Mrs. Becker stated that it seemed to her that the work of the Commission does have a certain amount of importance and should receive the attention of the legal staff, and reiterated her earlier statement that the cases before the Commission this evening once again had the staff on the line without an ordinance to back them up, in this instance the Landscaping Ordinance. Mr. Sto 1 noted that he saw the proposed regulations which Mr. DeWitt had reviewed, and that several sections were marked "not r comm nded", but no notation that the proposal wa .; not legal; he stated that h is "little displeased'' about this matter, and asked what th Pl nning Commission, as a group, can do to get th landscaping regulations passed. Mr. Tanguma asked if it would do any good to send a formal 1 tt r to th Ci ty Council expressing th concern of th Commission. Discussion n u d. Mr. Venard wond r d what Mr. D Witt's response would be if the Commis ion submitt d a sta t m nt that th landscaping regulations were drafted nd approved by th Commission with the assistanc of form r Assistant City Attorney Holland. ra. B ck r st l d th t she did not want to plac situation with th 1 gal dep rtment; how ver, ah is important and should r c iv higher priority is of nou h concern that it should be addr ss d in stat d th t sh f lt th work of th Co isaion h a gr at ha go s on in thia City, nd th low-priori y d si nation Attorn y to Co ias1 n -tt ra r !1 ctl n " ttttud " on th Att rn y that h is n t confortabl with. • • • • -9- City Attorney's office prior to this. He stated that there is a need for the legal staff to be "up front" and let the Commission work with them. Mr. Carson asked about the B-DD Zone District and map amendment. Mrs. Romans stated that this proposed amendment to the Comprehensive Zoning Ordinance and Map will be before the City Council on July 25 for Public Hearing. It is the request of one of the Councilmen that this proposed district be given an alpha/numerical designation rather than the present B-DD, and for that reason, it will probably be designated as B-3. There was no further business to come before the Commission; the meeting ad- journed at 8:10 P. M. • I • • - • • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD July 12, 1983 sb Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:32p.m. PRESENT: Bob Currie, Jerry Valdes, Marietta Brown, Debbie Dix, Alfred Quaintance, Dorothy Wheelehan REGRETS: Barbara Bray, Lois Sterling, Kay Van Valkenburg ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Chairman Currie announced that Ms. Lois Sterling will replace Ms. Wilma Ankrum on the Board and serve out her unexpired term to February of 1986. Mr. Currie turned the meeting over to Ms. Winkle for the Director's Report. Ms . Winkle gave a brief update on the LSCA Grant Proposal. We have been partially funded on our proposal and have been allocated $20,200. The Central Colorado Library System (CCLS) contract has been approved via an ordinance by City Council through September 1st of this year. Director's Choice A reminder of the Staff/So rd picnic/brunch to be held this coming Sunday, July 17 at E 5 nho r rk. The Library h 5 purchased fi t en Tiaex-Sinclair 1000 microcomputers for public checkout. Th video a e and th aicrocomputer will be circulated to Engle od p trons only, b g nn1ng in rly Augu t. This is an exp riment 1 pro r m. D nver Post 0 c br1 update on th tat w1d Boo S le, not1n th t Channel 4 s t1on have ben cont cted reg rding proaottonal pot . Th tpply the tru~ s or th aov ent of th boo s. n 1111.1 • I • • • • • -2- ~!embers' Choice Mr. Quaintance asked if the Library had any comments on his new public relations program tear sheets on authors. Ms. Dix mentioned a newspaper article where a library was checking out smoke detectors for people to take with them on vacation for their hotel and motel rooms . Mr. Currie and Ms. Winkle gave brief reports on their trip to Los Angeles for the American Library Association (ALA) Convention in June. Ms. Wheelehan pointed out an excellent article in the Co lorado Libraries mag- azine regarding schools and media centers. Ms. Dix volunteered to be our contact person in trying to acquire a display of banned books. This display would be an "attention-getter" for the book sale. Ms. Brown led a brief discussion on the suggestion book comments. Ms. Winkle asked for comments from the Board on having a suggestion box to replace the open suggestion book. This suggestion was favored by the Board . Mr. Quaintance asked if we could get a genealogy expert (volunteer) to speak at the Library on a regular basis. There was no discussion on the Statistical Report for June, 1983. 83-20 MOTION: That the ~Unutes from the June 14, 1983 Meeting be approved as written . Moved by : Alfred Quaintance Seconded by : Debbie Dix Motion carried. Meeting adjourned at 8:30 p.m. 7/ • I • • • • • • Mayor Otis: Effective July 12, 1983 I hereby resign from the Election Commission. I wish to pursue other interests within the city of Englewood. Sincerely yours, 8~~~ Bill Patterson 645 s. Washington Cir. Englewood, Colo. • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE July 13, 1983 ITEM SUBJECT Agreement with First Inter- state Bank for Broadway Comme r cial Rehab INITIATED BY Coi!UDunity Development Director ACT I ON PROPOSED App roval of Agreement BACKGROUND: In March, 1983, the City was notified that they had received a $150,000 grant from the State of Colorado under the 1983 Community Development Block Grant program. Th funds were authorized for the purpose of creating a revolving loan fund for busin s owners on South Broadway to rehabilitat the ext rior of their buildings. The State required that the City leverag funds from privat lending institutions to incr s the total available fund for this purpos . Last month, th staff m t with r pr s ntativ from First Interstate, First tional, Republic and International Banks to ncourag their participation in th program. Th r sult was that the banks jointly choae First Interstat Bank o! Englewood to serv as the "lead b nk" for th program, with ach b nk co itting a c rtain ount of funds to the loan pool. Th administration of the program will b th r aponaibility of Firat lnt ratate Bank, v n though th City ia r quired to aaau r co pliance with applicable State and F deral r quir nta. The attach d agreem nt haa b Engl ood, aa well a th RECOMMENDATION: It ia r Bank of that th f o r th City Coun 1l Bro ay and pprov d by the Firat Int ratate Bank of nd Fin nee Dir ctor. • nt with Flrl n Pr r Tnt ra at • - ( • • • AGREEMENT THIS AGREEMENT, made this day of -------------' 1983 by and between the CIT~ OF ENGLEWOOD, COLORADO, herein called "City", and the FIRST INTERSTATE BANK OF ENGLEWOOD, N.A., herein called the "Bank"; WITNESSETH WHEREAS, the City has received a $150,000 Community Development Block Grant (CDBG) from the State of Colorado; and WHEREAS, the purpose of this Grant is to promote economic stabilization in downtown Englewood; and WHEREAS, one method to stabilize and promote the downtown is to i mprove the appearance of the store fronts; and WHEREAS, specific Design Guidelines for South Broadway facad e renovat i o n have been prepared; and WHE REAS, the CDBG funds may be used as part of an overall l ow-interest loan program for facade renovation; and WHE REA S , s e veral l o c al 1 nd i ng institutions hav e ma de financ i a l c ommi tment s to part i cipate in thi s loan progra m; a nd WHE REAS , th e Ba nk h s voluntee red to a c t as t he le ad b a nk for a joint lo a n prog ra m; OW , THEREFORE , the partl s hereto agree as follow 1 ank and City jointly agree to carry out the requirements of that contract between the 0 part nt of Local Affairs and the City o n ltwood , CD~G Ap licatlon o . 3-05 , and att ch h r to a d ncorpor t d h rt n by r ertnce as xh b t 1. • • • • • • 2. City shall deposit $142,500 in a Market Interest Account at First Interstate Bank of Englewood, The account shall be in the name of the City of Englewood and the City shall be entitled to all interest earned thereon. From time to time, the City may draw upon said funds to carry out the purposes of the agreement. 3. persons. follows: There is hereby established a loan committee of three The members of said Committee shall be appointed as one by the City, one by the Bank, and one by the Englewood Downtown Development Authority. Should a position on t he Committee be vacant for thirty (30) days, the remaining members or member may appoint a person or persons to fill the position or positions vacant in accordance with Exhibit 1. 4. The Bank commits up to $5 00,000 for the purposes h erein set forth, The sum shall be loaned to qualified borrowers as determined by loan committee and meeting the Bank's min im um qualif i cations i n the 3200 -3500 Blocks of South Broadway, The Bank may, as part of t h e $50 0 ,000, enter into agreements wi t h o t h e r banks for said sum. However, the Bank shall not assign its responsib i lities he reund r to another bank. 5 . Loa ns sh a ll b made sub j ect to the following t e rm and condi t ion s: a. o interest rate shall be char ged on the first $5 ,000 of an y lo a n wh ch 111 the flr t $5 ,000 provided by the City o En g le wood. The interest rate o n the sums i n e x ces of $5 ,000 shall b e 12 .5 • Any loan 1pproved wit h i n the fi r st t welve month period from the dat of this agreem nt ah ll c rry 12 .5 int rat r t • 2 • • • • • • After one year, the rate of interest is subject to renegotiation. Failure to agree on the new rate shall terminate this agreement. b. The Bank may charge the following Loan Origination Fees: $1,000 -5,000 $5,001 -10,000 $10,001 -15,000 $15,001 -22,000 1. 75\ 1.5\ 1. 25\ 1. 0\ c. The Bank may charge the following Monthly Service Fees: $1,000 -5,000 $5,001 -10,000 $10,001 -15,000 $15,001 -22,000 $8 per month $6 per month $4 per month $0 d. The Bank may charge a late payment fee of 4\ of payment amount. e. Minimum monthly payment shall be $100. f. Minimum loan amount -$1,000. Maximum lo an amount -$22,000. g. Maximum payback period is 10 years. h. Such other lend ng policies and procedures as may b approved by the loan committee to carry out the purpoa h reof. 6. Management of Loans: a. Bank aha l provide all loan service and shall establish the process !or billing participating lending institutions and the City for their respective share of the loan. 3 • • -• • • b. The Bank shall not release funds without the written approval of the City that the project conforms to the Broadway Design Guidelines, a copy of which is attached hereto as Exhibit 2 and incorporated herein by reference. c. Bank agrees to make periodic progress inspections during construction. d. Bank agrees to provide monthly reports to the City of the status of all loans involving funds of the City for this program and such other information as is necessary to comply with Grant requirements. In case of default on a loan after payment of direct collection expenses, Bank and City shall receive proceeds of a loan on a pro rata basis to each party's contribution to the original loan. Upon payment of any instalment to the Bank or its agent, the Bank shall promptly pay the City its pro rata share of the sum received by the Bank. e. Other lending policies and procedures may be developed by the loan comm ttee. f. No provision shall be waived that would reduce the security of the loan without approval of the loan review committ e. 7. City's responsibilities: a. The City shall contrib ute up to $5,000 for any loan made to a qualified borrow r as determined using ank's normal borrowing policy upon approval of ank and loan co• ittee established hereby. c ty shall pay to the Bank the amount due on ny loan. • • -• • • b. The City, in working with EDDA, agrees to promote the Bro~dw~y Commercial Rehabilit~tion Progr~m and to assist interested persons through the application process. c. City shall oversee the bidding process for work to be done pursu~nt to the Grant, 8. No property in the 3200 through 3500 Blocks of South Bro~dw~y is eligible to receive more than $5,000 from the funds provided by the City of Englewood. 9. The 3200 -3500 Blocks of South Broadw~y ~re more fully described in attached Exhibit 3. 10. The commitment of City funds must start within 45 days of the ex cution of this Agreement. Should use of the deposited funds not at rt within 45 d~ys, the City may be required by the State of Colorado to return all or part of the deposited funds to the letter of credit. ll. This Agr ement m y b termin ted upon any of th follow- ing conditions: a. All funds have been committed to loans; or b. The State of Colorado notifies the City to return tho funds w ich have not been co ltted to loana, or c. The Clty teralnatea the Broadway Co h bl ltatlon Prograa aa to funds b en co ltt d to loan•, or • erchl hich have not I . • • • d. Upon mutual agreement of the City and the Bank. The termination will be effected by written notice to the parties at least 30 days in advance of the termination date. Attest: Gary R, Higbee, Director of Finance, ex officio City Clerk Treasurer Attest: Title1 CITY OF ENGLEWOOD, COLORADO By __ ~~~~-ru~~~~=-Eugene L. Otis, Mayor FIRST IN1'ERSTATE ~ANK OF ENGLEWOOD, N.A, By ______________________ __ Title: • • - 6 NORTH . . • • • BROADWAY REHABILITATION PROGRAM • T A T A ~A • ( • • • DRAFT I -6/7/83 DRAFT II -6/13/83 SECTION 22.4 C DESIGN GUIDELINES FOR THE SOUTH BROADWAY INCENTIVE AREA. a. LEGISLATIVE PURPOSE AND INTENT. THIS SECTION OF THE COMPREHENSIVE ZONING ORDINANCE HAS BEEN DESIGNED TO IMPLEMENT THE GOALS OF THE COMPREHENSIVE PLAN AND THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN AS THEY PERTAIN TO THAT PORTION OF SOUTH BROADWAY IN THE 3200 THROUGH 3500 BLOCKS WHICH SHALL BE REFERRED TO AS THE SOUTH BROADWAY INCENTIVE AREA. THE SOUTH BROADWAY INCENTIVE AREA (S.B.I.A.) IS CREATED IN ORDER TO DEVELOP A POSITIVE IMAGE FOR THIS AREA WHICH WILL ENCOURAGE NEW BUSINESSES AND TO CREATE THE FRAMEWORK FOR BOTH NEW DEVELOPMENT AND REDEVELOPMENT THROUGH ARCHITECTURAL COMPATIBILITY TO PROVIDE BETTER INSIGHT INTO THE DESIGN ASPECTS OF EXISTING BUILDINGS AND THE POTENTIAL OF PROPERTIES ALONG SOUTH BROADWAY. TO THIS END, CRITERIA BY WHICH INDIVIDUAL PROPERTIES CAN BE REDEVELOPED OR RESTORED ARE HEREIN SET FORTH: (1) REESTABLISH AND UNIFY THE BUILDING FACADE CHARACTER THROUGH EMPHASIS ON ORIGINAL CONSTRUCTIO MATERIALS AND STRUCTURAL MODULES. (2) REMOVE UNNECESSARY VISUAL CLUTTER FROM THE BUILDINGS NOT CONSISTENT WITH THE ORIGINAL CONSTRUCTION. -• • • -2- TIONS. NO BUILDING PERMIT SHALL BE ISSUED FOR THE RECONSTRUCTION OF THE EXTERIOR OF ANY BUILDING UNLESS THE IMPROVEMENT CONFORMS WITH THESE GUIDELINES. c. FACADE/DESIGN CRITERIA. (1) GENERAL FACADE ZONES. (a) WINDOW SILL ZONE -2 FEET TO 3 FEET 6 INCHES FROM GROUND LEVEL. (b) DISPLAY ZONE -WINDOW AREA BETWEEN WINDOW SILL AND FIRST FLOOR CEILING LEVEL. (c) SIGNAGE ZONE -FROM FIRST FLOOR CEILING TO SECOND FLOOR WINDOW SILL LEVEL. (d) UPPER FLOOR COMMERCIAL/RESIDENTIAL ZONE -SECOND FLOOR WINDOW SILL TO TOP FLOOR CEILING. (e) ARCHITECTURAL ROOFLINE ZONE -FROM TOP FLOOR CEILING TO TOP OF PARAPET. (2) DESIGN CRITERIA FOR UPGRADI G AND RESTO I G EXISTING FRONT FACADES. (a) FACAD EXTERIOR 1. THE RENOVATIO OF EXIST C FACADES SHALL RESPECT THE 2. RELATIO SHIP OF FlltST FL STO AND UPPER STORIES •• SHALL ! C 51ST WITH CTD. lAL. 11 RA l I A 01 lCAL DlSTr IV , TUCCO • • -• • • -3- ANODIZED ALUMINUM, PAINTED OR BAKED ENAMEL STEEL. c. PERMITTED TRIM: WOOD, STUCCO, STAMPED METAL OR BRICK. 3. BUILDING CLADDING COLORS SHALL BE EARTH COLORS. 4. BUILDING TRIM COLORS SHALL COMPLEMENT THE COLORS OF ADJACENT BUILDINGS. 5. GLASS AREAS: a. FIRST FLOOR -MAXIMUM 60% VERTICAL SURFACE. b. SECOND FLOOR -MAXIMUM 40% VERTICAL SURFACE. c. THIRD FLOOR AND ABOVE -UNRESTRICTED. {b) HEIGHT AND SCALE. 1. THE HEIGHT AND SCALE OF BUILDINGS SHOULD RELATE TO THE ARCHITECTURE AND SCALE OF ADJACENT BUILDINGS. 2. OVERALL HEIGHT IS LIMITED TO FOUR STORIES MAXIMUM. (c) SETBACKS. 1. MANDATORY 0 FOOT S ETBA CK WHEREVER POSSIBL E . 2 . ON BUILD I NGS TWO STORI ES AND ABOVE, A 1 2 FOOT F I RST FLOOR SETBAClt FOR WEATHER PRO TECTION IS ENCOURAGE D. (d) ARCHI TEC TURAL PROJEC TIONS INTO RIGHT-O F-WAY. (e) 1. UNL ESS OTH ERW ISE PERMI TTED , NO NEW KETAL CAN OPIES , ROOF OVERHANGS , OR OTHER PERMANENT ARCHITECTURAL ELEMENTS KAY Pit OJ I TO nl! RIGHT-0 -WAY. CANV AWNt s 2. UCTUlAL ELEMENT HAY PROJECT 1 0 IGHT-C>F-WAY. SICHAC l. I ADOlTl TO nl CL 000 IG 1 .en 22.7 0 1 rv tN rn n!AT Til • CEO. AY • (]) • • • -4- THOSE OF THE MORE GENERAL SIGN CODE REQUIREMENTS CONFLICT, THE MORE STRINGENT REGULATIONS SHALL APPLY, a. WALL SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE. b. PROJECTING SIGNS SHALL ONLY BE LOCATED IN THE SIGN ZONE AND SHALL BE NO LARGER THAN 12 SQUARE FEET PER FACE AND 24 SQUARE FEET TOTAL. c. SIGNS PAINTED ON WINDOWS SHALL BE PERMITTED IN WINDOWS ABOVE THE FIRST FLOOR, AND SHALL IDENTIFY THE BUSINESS LOCATED ON THE PREMISES ONLY. d. PLEXIGLASS, INTERNALLY ILLUMINATED OR BACKLIT SIGNS SHALL BE PROHIBITED. (f) AWNINGS. 1. TWO TYPES OF CANVAS AWNINGS SHALL BE USED: a. INDIVIDUAL AWNINGS LOCATED AT ENTRIES TO SHOPS AND SECOND STORY WINDOWS. b. LARGE AWNINGS COVERING THE ENTIRE BUILDING FRONTAGE. 2. AWNINGS SHALL BE ATTACHED BELOW THE SIGN ZONE. 3. AWNINGS ARE PERMITTED OVER WINDOWS ON UPPER FLOORS. 4. MAXIMUM DEPTH OF AWNINGS SHALL BE 8 FEET. S. COLOR SCHEME OF AWNINGS SHALL COMPLEMENT THE COLORS OF nn: BUILDING. (a) CHANICAL !QUIP 1. CHANICAL !QUIP P OJ CTI FROM FACAD INTO TH! RlCHT-OF-WAY SHALL OT B ALLOW!D. 2. ALL OOPTOP SHALL B SC D WITH TR fAC nt or W'IJI IS CO SIST WITH IUILDI • I • • • • - -5- (a) REAR FACADES SHALL BE COORDINATED WITH COLOR OF FRONT FACADE THROUGH PAINTING WITH A LIMITED PALETTE OF EARTH TONE COLORS. (b) ALL PAVING AT REAR OF BUILDINGS SHALL BE ASPHALT EXCEPT AT PASS- THROUGHS WHERE SPECIAL PAVING SUCH AS BRICK, TILE OR BLOCK PATTERN SHALL BE USED. (c) CONSOLIDATE AND SCREEN ALL SERVICE AREAS (TRASH, ETC.) WITH NON- COMBUSTIBLE MATERIAL. d. DESIGN CRITERIA FOR CONSTRUCTION OF NEW BUILDINGS. (1) IN ADDITION TO THE ABOVE CRITERIA, ADDITIONAL STANDARDS HAVE BEEN PREPARED TO INSURE THE COMPATIBILITY OF ANY NEW DtVELOPHENT WITH EXISTING BUILDINGS. (a) FACADE MUST OCCUR AT RIGHT-OF-WAY LINE -0 FOOT SETBACK EXCEPT AT INTERSECTIONS AND WALK-THROUGHS. (b) MASONRY CONSTRUCTION MANDATORY AT PROPERTY LINE. (c) CONSTRUCTION MATERIALS SET BACK FROM PROPERTY LINE NEED NOT BE MASONRY, BUT SHALL BE ON APPROVED LIST. (SEE SECTION 22.4 C c. (2){a)2 FOR APPROVED LIST.) (d) FIRST FLOOR SETBAC OF 12 FEET IS ENCOURAGED FOR WEATHER PRO- TECTION. IF 0 SETBACK, A CANVAS AWNI G IS ENCOURAGED. (e) MASO Y FACAD 0 RIGHT-OF-WAY ST CO STITUTE 40% OR MORE OF BUILDl C SUUAC! L!S A WALJ:-THilOOCH IS D!SI ED THROUGH 0 WITHI A BOILDI I WftiCH CAS! THE OF-WAY MUST I AT L T 25%. (f) BUILDI C FACAD WID SltALL C RM TO !XISTI C TYPICAL LOT n1 NT OT UCE D 3 LOTS P IUILDl (7~) F T. (a) IUILDI H L I lA l2 T • • • • • • -6- • (h) BASEMENT ACCESS MUST OCCUR OUTSIDE THE RIGHT-OF-WAY • • • • -• • • 1fl BY AUTHORITY ORDINANCE NO. 3d SERIES OF 1983 COUNCIL BILL NO. 34 INTRODUCi~ BY COUNCIL MEMBER~lt~~~~--------- A BILL FOR FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 2 AND 3 OF CHAPTER 3, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City levies a business occupation tax on the businesses providing telephone service; and WHEREAS, it is necessary to review the amount of business and occupation tax levied every year. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 2 and 3 of Chapter 3, Title XIII, of the 1969 E.M.C., are hereby repealed in their entirety and new sections within subchapter 3 are hereby adopted to read as follows: 13-3-2: TAX LEVY There is hereby levied on and against all utility businesses and occupations maintaining facilities or carrying on functions and operations, or both, within the City of Englewood, except as hereinafter excluded, an annual tax in th sum of one hundred twenty thousand dollars ($120,000.) FOR THE PERIOD TO OCTOBER 1, 1983 AND ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000) FROM AND AFTER OCTOBER 1, 198 3 on the business and occupation of installing, maintaining and operating such utility within the City of Englewood and /o r providing local exch nge telephone services to c u s tomer s within th co rpo rat e limit s of th e City of Eng le wood . 13-3-3 : EFFECTI VE DATE ; TAX DUE The tax levied by this ch pter shall commence and b co•• e ec ive on OCTO R l , l 83 and shall be du and payabl n lv (12) uel onthly inst llmen a , with he first auc ina llm n due and payable to the City o ngl wood t the ice o the Director of Finance thirty (30) days a ter eC ec ve date her of . • • • • • Section 2. The provisions of any ordinance in conflict herewith are hereby expressly repealed. Section 3. This ordinance shall not become effective until October 1, 1983 when it shall be in full force and effect. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. Published as a Bill for an Ordinance on the 20th day of July, 1983. Eugene L. Ot1s, Mayor Attest: ex off1cio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Higbee 2 I . - • • • - 111 BY AUTHORITY ORDINANCE NO. M SERIES OF 1983 COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER ______________ __ A BILL FOR FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 2 AND 3 OF CHAPTER 3, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED , RELATING TO BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City levies a business occupation tax on the businesses providing t elephone service; and WHEREAS, it is necessary to revie w the amount of business and occupation tax levied every year. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 2 and 3 of Chapter 3, Title XIII , of the 1969 E.M.C., are hereby repealed i n their entirety and new sections within subchapter 3 are he reby adopted to read as follows: 13-3-2: TAX LEVY There is hereby levied on and against all utility businesses and occupations maintaining facilities or carrying on functions and operations, or both , within the City of Engle wood, except as hereinafter excluded, an annual tax in the sum of one hundred twenty thousand dollars ($120 ,000 .) FOR THE PERIOD TO OCTOBER 1 , 1983 AND ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000} FROM AND AFTER OCTOBER 1 , 1983 on the business and occupation of installing, maintaining nd operating such utility within the City of Englewood and/or providing local exchange telephone services to cus omers within the corporate limits of the City of Englewood. 13-3-3: EFFECTIVE DATE; TAX DUE Th tax levi d by this chapter shall commence and b com e ec ive on OCTO ER 1, 1983 and shall be du nd p yable in w lve (12) qual monthly installm nt , w th th first uch install• n due and p y ble to the C ty o1 Englewood a th of ice of the Oirec or o1 Finane thirty (30) day af er th ffec ve da h reof. • I • • - f : • • • • Section 2. The provisions of any ordinance in conflict herewith are hereby expressly repealed. Section 3. This ordinance shall not become effective until October 1, 1983 when it shall be in full force and effect. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. Published as a Bill for an Ordinance on the 20th day of July, 1983. Eugene L. Ot1s, Mayor Attest: ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Higbee 2 • I • - l I C 0 U N C I L DATE July 13, 1983 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 7A SUBJECT Mountain Bell Occupational Tax INITIATED BY ACTION PROPOSED Gary R. Higbee, Director of Finance ~-~ Consideration of ordinance relating to the Mountain Bell Occupational Tax BACKGROUND: Paragraph 13-3-2, Englewood Municipal Code addresses the Mountain Bell Occupational Tax. Currently, Mountain Bell pays the City $120,000 per year with this tax. The tax was last changed in 1976. This tax is assessed to each Englewood phone bill. It is assessed as a pro rata share of local service revenue within the City and shows up on each bill as the •Municipa l Charge•. The pro ration of the charge does not take into account long distance charges. When the tax was adopted in 1976, the $120,000 figure was approxi- mately 3t of local service billings. Mountain Bell's current ana- lysis shows that the tax cou ld be raised to $160,000 to maintain the same ratio. For an average residential phone custo~er an in- c rease of th is amount would cause the municipal charge to be in - creased from $0.20 to about $0.28 p r month. As you are no doubt aware, the AT'T telephone system is going through some dramatic struc ural chang s. Mount ain Bell will be petitioning the PUC for ome large ra e increases. Mountain Bell's hope is hat rat increases will b effective by January 1, 1984. The n w rates will be doubling or tripling the coat of local telephone service. • I • • • • • In response to Council's request for additional information con - cerning this matter, the following information is offered. The Denver area CPI for January, 1977 was 175.6. The latest CPI is 293.4. If the municipal charge had increased in the same percent- age that inflation has increased, the municipal charge would be about $0.33. At $0.33, the Mountain Bell tax would be about ' • $188,500. I RECOMMENDATION: It is recommended that Council pass an ordinance making the following changes: 1. Increase the Mountain Bell Occupational Tax to $160,000 per year. 2. Review the Mountain Bell Occupational Tax annually. • I • • ORDINANCE NO. _3~ St:RIES OF 1983 • • • BY AU 'r HORI'rY A BILL FOR COUNCIL BILL NO. 32 INTRODUCE~B~OUNCIL MEMBER /11 , AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE TH!:: SEWAGE TREATMENT PLANT OF THB CITY OF ENGLEWOOD. WHEREAS, the City of Englewood maintains a sewage treatment plant; and WHEREAS, the City of Englewood has sufficient capacity to avail other governmental entities of the services of the plant; and WHEREAS, by contracting with other governmental entitleD, the cost of operation will be reduced to the citizens of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council of the City of Englewood approves the form of contract hereafter appearing and authorizes the Mayor and City Clerk to sign for and on behalf of the City Council of the City of Englewood and authorizes the City of Englewood to enter into said contract with those governmental agencies desirous of using the City 's sewage treatment plant. CO N CTOR'S AGREEMENT S wer Contract No. THIS AGREEMENT, mad and enter d into this ____ __ day of ___________ , 19 ______ by and between the CITY 0 ENGLEWOOD, COLORADO, a mun cipal corporation, hereinaft r r ferred to as "City", acting by nd tnrough ts du y elected, qu l f ed and authoriz d Mayor nd City C er , and corpor ton of th Stat of Color do, h r inaft r c ll d "Di tr ct", acting by and through ts duly uthor z d nu • I • • • • • WITNESSETH WHEREAS, the City owns and operates a sewage treatment plant, together with a sewage system, so situated physically as to be able to receive and treat the sewage gathered by the District; and WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions ; NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from District's sanitary sewer system within the area served by the District as approved by the City, as indicated in the descriptions attached hereto marked Exhibit A. Dis rict sp cifically agrees to preven t sewage from any area, other than ha described herein , from being discharged into District's sanitary swag system connected to City 's trunk line and to prevent connection to th system from or in any area other than those d scr bed h rein. 2. In the operation of District's sanitary sew r system, Dis ric gre s that all applicable Code provisions and rules and regulations of City , including a nd ents th reto during th term of h con r ct, sh 11 b the inimum standards for District's syst m. Dis rlc Cur her agrees to bide by all applic ble state and f deral law , rules, regulat ona, or including those of the 2 • • • • • .. • Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. District shall have the responsibility for ensuring that all users, contractors, and subcontractors are fully informed of, and comply with, all applicable rules, regulations, and standards. It shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to the District; however, City does not guarantee the accuracy or completeness of government regulations other than the Ci ty's own regulations. 3 . The City's permitting requirements shall be followed by the District a n d i ts users. All plans, spec i fications, and methods of wo r k within the District shall be subm i tted to the Ci ty in wr i ting and approved by Ci ty prior to any con s truc t i on or tap in the District's approved area . No permit shal l b e fin a l and n o s erv ic e shal l b e prov d d o prope r t y until c onstr uction is app rov ed i n writ i n g by City. 4. District shall , at a ll times , p r o p e r l y ma in ta in i s s w r sys em and shall r ctify any pr obleas o r condition s which hav been determined by District or City to b detrimental to City 's treatment process. Should th City det ralne that any discharge enters th s wer system contrary to governing law , ordin nces, statutes, rules, regulations, or perm ts, District agrees to proceed at once to do whatever is necess ry to rectify such condition . 5. Cl y shall have th righ to allocate service under this contrac , nd City ay deny additional ervice provided , ho wever, tha 3 • • • • in no event will City terminate service without cause. City shall have the right to disconnect service to any area annexed by District when such annexation takes place without prior written City approval. District shall provide City, within one year of this agreement, an estimate of the number of equivalent service taps needed for the next five (5) years under current zoning and planned buildout in District's area. District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap requirements for the next five-year period of time in a form satisfactory to the City. Notice of these requirements shall be given City on each anniversary date of this agreement. 6. District agrees to pay to City those fees and charges, including tap fees, user fees, and such other fees, charges, and assessments as are approved by the City Council. City shall bill District user direct for all City charges and those District charges upon mutual agreement of City and District. Should user not pay City , City shall bill District and District shall pay to City within forty- fiv (4 5) days of billin9 the amount du • These charges are su b ject to adjustm nt from tim to time by City ; wh n such char9 s are changed, City sh ll 9ive District forty-fiv (4 5) day ' written notice. 7. The teu1 o this A9re nt 1a or a p riod o three (3) years fro he date o execution , durin9 which ti e District a9re ha all e flu n produc d fro tapa wi hin District shall no b in viola ion o ny ed r 1, a ate or Ci y lawa , rul • or re9ul tiona, or ny o p lie bl 90v rn ntal r 9ula ion• or th p rmi • under 4 I • • • • in no event will City terminate service without cause. City shall have the right to disconnect service to any area annexed by District when such annexation takes place without prior written City approval. District shall provide City, within one year of this agreement, an estimate of the number of equivalent service taps needed for the next five (5) years under current zoning and planned buildout in District's area. District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap requirements for the next five-year period of time in a form sat is factory to the City. Notice of these requirements shall be given City on each anniversary date of this agreement. 6. District agrees to pay to City those fees and charges, including tap fees, user fees, and such other fees, charges, and assessments as are approved by the City Council. City shall bill District user dir ct for all City charges and those District ch arges upon mutual agreement of City and District. Should user not pay Ci ty, City shall bill Distr ict and District shall pay to City withi n forty- fiv (4 5) days of billing the amount due. These charges are subject to adjustment from time to ime by City ; wh n such charg s are chang d , City shall give District forty-fi v (4 5) days' wr itten notice . 7. The term of thia Agre • n la for a period of three (3) years from the date of execution , dur ng which time District gre ha all f luen produced fro tap wi hin District shall not b in viol ion o ny ederal , a ate or City la w , rul a or regulations, or ny other ppl c ble government l r gulatlona or the peralta under 4 • • • • wh ich t he Ci ty operates its sewage treatment system. City agrees, d ur ing the term hereof, to treat said effluent and to maintain a d e quat e facilities for treating of the same. 8 . Di strict agrees that it will maintain, at its own expense, all of its l ines, or those lines now owned and operated by District, it be i ng specifically agreed that City assumes no responsibility sho uld any of District's lines become clogged, damaged, or require ma inten anc e. Distri c t shall maintain 24-hour service to remedy disr upt ion in service. District shall, if it deems necessary, notify i ts use rs of District's procedure to remedy service. 9 . City is providing only sewage treatment service and, p u r suant t hereto , perm i t s i ncidental use of City's sewage lines and o n ly by th is i nd i v i dua l c on t ract wi th District and does not, by t his contract , off er treatment serv i ce except in strict accordance with t he te r ms hereof . This contract does not offer, and shall not be construed as of f e r ing , se wage treatment s e rvice to the pub lic generally o r to any a r e a outs ide the limit s of the Dist r ict 's service area herein described . 10 . This contract may not b e assi gned , s o l d, or transfer r ed by District without City's written cons nt . 11. Should any federal law, rule , permit or regulation or any tate law, rule, permit, or regulation, or should a decree or order of a court rend r void or unenforceable any provisions of this contr ct, in whol or in part, if possible, the remainder shall b of full force and effect. 5 • I • • • • • 12. The District shall enforce this agreement and each of its terms and conditions within the area described in Exhibit "A". District shall refuse to serve a user or potential user, disconnect the service of any user pursuant to appropriate law, or take other appropriate action in the event of: a. nonpayment of any charge made by City for services; b. any violation or noncompliance with the terms of this agreement; c . violation or noncompliance with the laws, rules, permits or regulations of the City, the United States govern- ment, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit, or regulation applicable. Should the District fail to promptly rectify a breach of those provi si ons identified herein, after notice thereof, City may take such ste p s and do such work as it deems necessary to enforce this agree- ment, i n c luding litigation and specifically a right to injunction or s pe ci f ic performance against the District or any of its users as is nec e ssa ry t o protect the City's system and operations. The preva il ing party shall be entitled to expenses and costs of suit, including attorn y fees. Should more than one District be connected to a sewe r line , all Dist r ic t s o n the l i n s hall b j ointly and several l y li a ble for any breach of this agreemen t and s h 11 i mm e d i a tel y, a fter notice , rec ify any problem o r condition det r imental to the tre tmen process. City shall not b required to prove which Dlatrlct is t fault bu sh 11 ake av ilable to ll uch affect d Di trict all information develop d or ccumulated b y Cit y perta ining to s u ch b r each . 6 • • • • • 1 3. This .contract shall not be used as a legal d efense or pro hi bition to the mandatory consolidation of facilitie s by either party as may be required by the laws of th e S t ate of Col o r ado of all existing sewer collection systems and facilities to a gover n men t a l entity created to assume responsibility for sewer service in the area in wh ic h bot h City and District is a part under statutory or constitut i onal authority as may be the case. ATTEST : Gary R. Higbee, City Clerk ATTES'r : CI T '!' Of ~NGL ~W OOU , COLOit/\DO By~----~~-~~-Eugene L. Ott s , May or "DISTRIC T " By ____________________ ___ Int r oduced , r ead in full , and passed on first reading on the day of July , 1983 . Published as a Hill for an Ord nanc on the 1983. Att st: ex officio City Clerk-Trvaaurer , ary R. H gb , ex off c o of Englewood, Color do, hereby c rt and com t co y o a ~ 11 for n full nd p aa don flr r dlng 7 n nc ddy ot July , 111 • ORDINANCE NO . SERIES OF 1 98-=-3-- • • • BY AUTHOR I •ry A BILL FOR COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER A ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE SEWAGE TREATMENT PLAN T OF THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood maintains a se wage treatmen t pla n t; and WHEREAS, the City of Englewood has sufficient capacity to avail other governmental entities of the services of the plant; and HERE AS, by contracting with other governmentill enLiLie~. Llw cost of operation will be reduced to the citizens of Engl e wood. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . The City Council of the City of Englewood approve s the form of contract hereafter appearing and authorizes the Mayo r and Cit y Clerk to sign for and on behalf of the City Counc il of the Cit y of Engle wood and authorizes the City of Englewood to enter into said contract with those governmental agencies desirous of using the City's sewage treatment plant. CONNECTOR'S AGREEMENT S wer Contract No . ______ __ THIS AGREEMENT, made and enter d into this -----d y of ___________ , l9 ______ by and betwe n th CIT Y OF ENGLEWOOD, COLOR ADO, a rnunic pal corporation , h r inaft r r f rr d to as "City•, cting by and through its duly elected , qualified and authorized M yor and City ClerK , and ------------------------------------------------ corporat on of th Stat of Color do , here na t r c l d • str ct", act nq by and through ts duly author d nd ----------------I • • -• • • WITNESSETH WHEREAS, the City owns and operates a sewage treatment plant, toget h er with a sewage system , so situated physically a~ to be able t o receive and treat the sewage gathered by the District; and WHEREAS, it is the desire of the District to utilize the fac il ities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions; NOW , THEREFOH ~, IN CONSIDEHATION of the promi~es and (or oth e r good and valuable consideration hereinafter set forth , it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from District's sanitary s ew e r system wi thin the area served by the District as approved by the City, a s in d icated i n th e description s attached her e t o marked Exhibit A. Di s t ric t specifically agrees to pr vent sewage from any arda, o t he r th n t h t d e sc ribed her e i n , from be i ng di s charged into Di st r ict 's s a ni tary sewage sy s tem connected to City's trunk line and to p r e v en t conn ctions t o t h e ys t m fr o m or i n any ar a other than thos d sc r i b ed h r in . 2 . In tn o r t on of D1strict 's sanit ry e w r y atem , District agree that all applicab • Cod p r o v isions nd rul nd regulat ona of c ty l nc uding • nt th reto due ng the t Cit\ or tn contract, :oha ~ th n nd r s or 01 tr ct's S'J"L I • 0 ate Ct urther gr I to ld b y 11 a p pl c b It t nd ltd ra WS I ru ltl l r gul tion 1 or pttr t I including those 0 lh I • • • • • Environmental ~rotection Agency (the EPA) as they become effective or implemented or upon notice from the City. District shall have the responsibility for ensuring that all users, contractors, and subcontractors are fully informed of, and comply with, all applicabl e rules, regulat ions , and standards. It shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to the District; however, City does not guarantee the accuracy or completeness of government regulaLio11 !; other than the City's own regulations. 3. The City's permitting requirements shall be followed by the District and its users. All plans, specifications, and methods of work within the District shall be submitted to the City in writing and approved by Cit y prior to any construction or tap in the District's approved area . No permit shall be final and no service shall be provided to property until construction is approved in wr iting by City. 4. D str ct shall, at all times, prop rly maintain its s wee ystem and sh ll rect !y any probl ms or condit ons d termined by D tr ct or City to b d tr ntal to process . Should the City determin th t ny di ch ae er yate contrary to gov cnlng law , ord nanc reg lat on a , or P r it , Dilitr ct CJC V tu pro c u what vee nee aeary to rectify auch cond tion. c ontr t, d h v th y ny dd t on J which h ve been City ' tre tment rge enters the , rule s , c U II C to d o nu r th d 1 0\of 1/ 1 t il t • - \ , • • '. • in no event will City terminate service without cause . City shall have the right to disconnect service to any area annexed by Di strict when such annexation takes place without prior wrilten City approva District shall provide City, within one year of this agreement , an estimate of the number of equivalent service taps needed for the next five (5) years under current zon ing and planned buildout in District 's area . District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap r e qu i r e ments for the next five-year pe ri od of time in a [urm satisfactory to the City . Notice of these requirements shall be given City on each anniversary date of this agreement. 6. District agrees to pay to City those fees and charge s , in c lu d ing tap fees, user fees, and such other fees, charge s , and assessments as are approved by the City Council. City shall b ill Di st r ict user direct for all City charges and those District chdrges upon mutual agreement of City and District. Should user not p y City , City shall bill District and District shall pay to City wit hin orty - f ve (45) days of billing th amount due. Th s charg s r .;ubJ ct to adjustm nt from tim to tim by City; whe n such charg are changed , City shall give District forty-fiv (45) days' wr tt n notice . 7. The t rm of th a A9r ent • or • c od o t:hr ( ) y r fro th d te oi ex cution, due nCJ Wh ch D tit. r th•t • • lu nt produced from t•p• with n 0 trict sh 11 ill v 0 • on of any ed r tat or c ty w I ru or n oln r ppl c bl OV rn nt r ul t on or th p rm nd r 4 • • • . . • which the City .operates its sewage treatment system. City agrees, during the term hereof, to treat said effluent and to maintain adequate facilities for treating of the same. B. District agrees that it will maintain, at its own expense, all of its lines, or those lines now owned and operated by District, it being specifically agreed that City assumes no responsibility should any of District's lines become clogged , damaged, or require maintenance . District shall maintain 24-hour service to remedy d1sruption in service . District shall, if it deem::; nece::;::;d ry, 11oti[y its users of District's procedure to remedy service. 9. City is providing only sewage treatment service and, pursuant thereto, permits incidental use of City's sewage lines and only by this individual contract wit h District and does not, by this contract, offer treatment service e~cept in strict accordance with the ter ms hereof . Th s contract does not offer, nd h 11 not be constr ed as offering , sewage treatm nt serv ce to th public genera y o r to any area out ide thu li ita of thu D t r ct 's rv c area here n described . o. Tn s contract ma y no t b as , sold , or tr n ~tr n:d by 0 atr ct tho t Clty 'a we tten con ent. ·no d ny C due 1 ow , r I l> r t CII<J t1te • I rule, re9U It on , or ou d d ourt render vo d oc un n occ y pcov 011 0 t.ll in ho or tn rt, th re • nd r n ll 1nd f ct. on or n or 0 r ' oL ontc ct, ll or • • • • 12 . The Djstrict shall enforce this agreement and each of its terms and conditions within the area described in ~xhibit "A". District shall refuse to serve a user or pot ential use r, disconn ect the service of any user pursuant to appropriate law , or take other appropriate action in the event of: a. nonpayment of any charge made by City for services; b. any violation or noncompliance with the terms of this agreement; c. violation or noncompliance with the laws, rules, permits or regulations of the City, the United States govern- ment, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit, or regulation applicable. Should the District fail to promptly rectify a breach of those provisions identified herein, after notice thereof, City may take such steps and do such work as it deems necessary to enforce this agree- ment, including litigation and specifically a right to injunction or specific performance against the District or any of its users as is neces ary to protect the City 's syst m and op rations. Th prevailing party an b ntitled to e xpe n es nd cost of suit , including attorney f es . Should more than on Distr c b connected to .. ewer ne , a District on the lin sh ll be jointly and s ver lly li bl for any breach of this agreement nd sh 11 1 m dlat ly , after not ce, r ct y any problem or condition d tr aental to th treatm nt process. City ahel not be re u r d to prov h ch 0 rict ia t ult but aha eke available to a 1 such at acted 0 tr ct all nformat on d v o d or cc y c ty r t n g to u II be h. • • • • 13. This .contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado o( all existing sewer collection systems and facilities to a governmenta l entity created to assume responsibility for sewer service in the area in which both City and District is a part under statutory or constitutional authority as may be the case. CI'I''i Ol' I!:NGL I!:WOOU, CULOI\/\UO ATTt:S'l': By~------~-~~----Eugene L. Otls, Mayor Gary R. Higbee, City Clerk "DISTRICT" ATTEST: By ____________________ __ Introduced , read in full, and passed on first reading on the day of July , 1983 . Publi~hed s a ~ill for an Ordinanc on tt duy ol July , 1983 . Attest: r:ugen---L:-5tr&; M yor X officio city Clerk-Tr asurer I I G ry H gb , ex officio City Cl th c of ng lewood, Color do , her by certiCy th tru , CI.:UC nd compl te copy of a ~ ll or an Ord I introduced , re d II full and passed on first re ding on th day o July, 1\16 7 • ty to I • • • • •' .. BY AUTHORITY ORDINANCE NO. SERIES OF 198~----- A BILL FOR COUNCIL BILL NO. 38 INTRODUCE)[ BY COUNCIL MEMBER ~.4 . l aG I AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2, AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E .M.C. of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of se¥eft f~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1 Arapahoe County, Colorado. b. Two (2) shall be appointed by the City Council; c. Five (5) shall be appointed by the appointees of the Board of Education and the City Council, two (2) of whom shall be under the ag of eighteen (18) years when appointed. 10-1-2: TERMS OF OFFICE The City Council shall designat one (1) member of the Commission to s rv until February 1, 1982 and one (1) member to s rve un il ebruary 1, 1984. The Board of Education shall d signate on (1) member of the Commission to serve until February 1, 1982 and one (1) member to serve until Febru ry 1, 1984 . Th four (4) m mb rs thus designated sh 11 d signate two (2) additional m mbers to s rve un il Febru ry 1, 1 82, one (1) dditional m mb r o serve until ebruary 1, 1984, AND TWO (2) ADDITIONAL M MB£ S UNDER TH AGE 0 IGHT EN (18) YEARS SHALL BE APPOI TEO OR T RM TO EXPIR 0 THE IRST DAY OF OCTOBER IN TH FOLLOW! G Y AR. M P • • ~ft P e P ft e~ ALL MEMBERS XC PT THOSE MEM ERS U OER THE AGE OF EIGHTEEN (18) YEARS, WHEN APPOINTED, shall b ft APPOINTED for er a of our (4) y ars. Curren the Com 1ss1on shall no have their erms a ected I • • • • 10-1-4: QUORUM F&~~ t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of f&~r f4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 20th day of July, Attest: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, h reby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. • ORDINANCE NO.~---- SERIES OF 198 • • .. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2, AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C . of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado , to be known as the Parks and Recreation Commission. The said Commission shall consist of seve~ ~~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1 Arapahoe County, Colorado. b. Two (2) shall be appointed by the City Council; c. Fiv (5) shall be appointed by the appointees of the Board of Education and th City Council , two (2) of whom shall be under the age of eight n (18) years when appointed. 10-1-2: TE S OF 0 ICE (l) memb r of the (1) memb r to • • • • 10-1-4: QUORUM P~H~ t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of ~~H~ f4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 20th day of July, Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Higbee • I • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~3------ A BILL FOR 7 ~./ COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE INCREASING ME MBERS OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C. of 1 69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapanoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of eeveft t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1; b. Four (4) shall be appointed by the City Council, two (2) of whom shall be under the age of eighteen (18) years when appointed. c. Three (3) shall b appointed by the appoin ees of th Board of Education nd the City Council. 10-1-2: Th City Com ission to s rve until EIGHT££ ( 18) EXPIRE 0 Board o TE S OF OFFICE on (1) m mber of th and one (1) memb r o • 0 • ' • • • • 10-1-4: QUORUM F&~r t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of £&~r t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 20th day of July, Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Tr asurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first r ading on th 18th day of July, 1983. Gary R. Higbee • ORDINANCE NO·~---- SERIES OF 1983 • • - BY AUTHORITY A BILL FOR 1 ~./ COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER --------------- AN ORDINANCE INCREASING MEMBERS OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C. of 1 69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seve" *~t NINE {9) persons: a. Two {2) shall be appointed by the Board of Education of School District No. 1; b. Four (4) shall be appointed by the City Council, two (2) of whom shall be under the age of eighteen (18) years when appointed. c. Three (3) shall b appoint d by the appointees of the Board of Educa ion and the City Council. 10-1-2: TERMS 0 0 FICE I • • • • • • 10-1-4: QUORUM F~~P t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of E~~P t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 18th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 20th day of July, Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Higbee I . ORDINANCE NO.=------ SERIES OF 1983 • • • BY AUTHORITY A BILL FOR 7 (! ./ COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE INCREASING MEMBERS OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C. of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seveft t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1; b. Foor (4) shall be appointed by the City Council, two (2) of wh om shall be under the age of eighteen (1 8) years when appointed. c . Three (3) shall be appointed by the appointees of the Board of Educati o n and the City Counc il. 10-1-2: TERM S OF OFFICE The City Council shall designate on (1) member of the Commission to serv until Februar y 1 , 1982 and one (1) memb r o serve until February 1 , 198 4. THE TWO (2) MEMBER S UNDER THE AGE OF EIGHTEEN (18) YEAR S SHALL BE APPOINTED BY COUNCIL FOR TERMS TO EXPIRE ON THE IRST DAY OF OCTOBER IN THE FOLLOWING YEAR. The Board of Education shall d sign t on (1) memb r of the Commission to s rve until ebruary 1 , 1 82 and one (1) m ber t o serv until February 1 , 1984. The ~P 4 SIX ( ) me b r des1gnat d BY THE COUNCIL AND TH BOARD sh 11 THE d 1gnat (2) additional to to serve until r uary l, 1982 one (1) additional bruary 1 , 198 4. M r i ft ALL M M 5 XC EIGHTEEN (18), WH AP 01 T 0, shall D for ras of our (4 ) rs. Curr on shall not have thelr af • I • - • • • • 10-1-4: QUORUM F&~r t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of fe~r t 4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Int r oduced , read in full, and passed on first reading on the 18th day of July, 1983. Published as a Bill for an Ordinance on the 20th day of July, 1983. Eugene L. Ot1s , Mayor Attest: ex off1cio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasur r of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Hlgb e • I • ORDINANCE NO. 5.:; SERIES OF 1983 BY AU 'rHORI 'I'Y A BILL FOR • • • 1D ' 'p " COUNCIL BILL NO . 41 IN'I'HODUCEI) t3Y Cq,t.JNCIL MEMBER :fi P ru'ltL1n AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLE WOOD , COLORADO , AND ENGLEWOOD EM PLO YEES ASSOCIATION , EFFECTI VE JANU ARY 1, 1984 THROUGII DECEMBER 31 , 198 6 . WHEREAS , a tentative ag r eement dated July 15 , 1983 by and between the City of En g le wood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS , said te nta ti v e agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS , Secti o n 5 -10-lO(c), as amended , requires that the tentative agreement be approved by Ordinance duly passed by City Counc i 1 . NOW , THEREFORE , BE IT ORDAI ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That the tentative agreement dated July 15, 1983 by and between the City of Englewood , Colorado , and the Englewood Employees Association , e f fective Janua ry 1 , 19 84 th r ough December 31, 1986 , a copy of which is attached h er eto and made a part hereof , be and the same is hereby appro v ed . Section 2. ~at the Mayor of the City of Englewood is hereby authorized and dir ct d to execute the Collectiv Bargaining Agre ment b tw n the City of Englewood and the Engle oo Employ u Association dat d July 15 , 1983 , and the Director of inance, ex officio City Clerk Tre sur r, shall attest th me. Section 3. o ( Finane , a follo ws : A copy of s id Agr e ment is on fil with t e D rect or x of( cio Cit y Cl rk ·rr surer , summ ry o which is said Aq r e •Memorandum of • 0 • • ( • • • off. Provis i on i s made for acting pay, merit increases, longevit y compensation, annual leave, personal leave, disability, on the job i njury/disability, military leave, funeral leave, jury duty and witness service. Holidays are established in the Agreement. A uniform cleaning allowance is provided for those employees required to wear uniforms. A tu i tion refund program is established. Life insurance, dental insurance, and health insurance are provided a t certain rates. Retirement benefits, layoff procedure, leave o f absence and grievan c e procedures are established in the Agreemen t . Dues deduction is prov i ded for. Certain Association d Ct iviti eo arc permitted. Standby pay is established, callback provisions are established and maintenance of benefits i s assured. Compensation is provided for in the Agreement and provides for 5.75\ increase on base wage rate effective January 1, 1984. The parties have agreed to reopen wage negotiations only to be conducted in the month of September in the years 1984 and 1985. The foregoing is only a summary of said Agreement and does not in any way affect or modify the terms or conditions contained in said Agreement, said Agreement being fully implemented hereby. I ntroduced, read in ful l , and pa s sed on first reading on t h e 1 8th day of J uly, 1 98 3 . Published a s a Bi ll for an Ord i nance on the 20th d ay of July, 1 98 3 . Eug en e L. Ot is , Ma yo r .t.ttest: ex officio city Clerk-Tr e a su r er I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that th above nd foregoing is a tru , accurate and co pl te copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 1983. Gary R. Higbe 2 • D I • • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE l. This Agreement entered into by the City of Englewood, Colorado and the Englewood Eaployees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates o f pay and hours of work, and other conditions of employment as set out in the City Charter. Ex~ept where limited by express provisions elsewhere in this Agreeaent, nothing in this Agreeaent shall be construed to restrict, l iait or impair the rights, powers and authority of the City as granted to it under the laws o f the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not liaited to, the fol lowing: A. Deter.ine the overall mission of the City as a unit o f government . B. To .. intai n and iaprove the e f f i cie ncy and eff ect i veneal o f Ci ty op erat ione. C. To d t rai ne t he eerv i eet to be render d, th e operat i on• t o be p r fo r.ed , the t t hnology to be uti lized, or t h e .. ttere t o be bud ge ted. D. To d teraine the o verall t h od t , pr otettet, aeant , job claeaifiett ionl or pertonnel by which City operation• a r e to be conducted. z. To direct, eup rviee, hire, proao e, transfer, ateign, echedule, r tain or lay-off ploye •· c. To eutpend, d1tc1pl1ne, diechar& , and d aote for just eauae, all full- tia permanent tlataified a ploye a. To relieve loye 1 roa du iet because of lack of r k or undl, or und r conditione wh re th City d erain 1 continu d work would b in ffiHen or nonproductive. the d y • I • • • • • • Page 2 I. To take any and all actions to carry out the mission of the City in cases of emergency. J. Nothing contained herein shall preclude the City from conferring wi th its employees for purpose of developing policies to e ff ectuate or implement any of the above-enumerated rights. The City retains the right to change any past practice wh i ch i s not i n conflict with this Agreement. In the event a past practice is sought t o be changed by the City Manager or Department Heads, the Englewood Emp l oyees Ass ociation will be provided reasonable notice of the intended change. The Engl ewood Emp loyees Association retains the right to grieve any change in pract i ce wh i ch is i n co n fli ct with this Agreement. ARTICLE 2 . DURATION OF AGREEMENT A. This Agreement shall take effect on January 1, 1984 and sha ll cont i nu e i n force to and including December 31 , 1986. B. Th i s Agreement, or any part o f i t, may be terminated or renegot i at ed at any t i me by mutua l consent of both part i es. C. If any article or section of this Agreement shoul d be held i nva lid by operation of law or any Court of competent j uri s diction, or i f compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be af fe cted thereby and t hi s Agreement shall remain in f ull force and effect, and the parti es s ha ll promp tly meet and c o nfer f or the purpose of attempting t o arrive at a mut ually s at isfact ory r eplaceme nt fo r such art i cle o r section. D. The parti a agr ee and und e rstand that pro vis ions re lat i ng t o em ploy cov red by th i s Agr eement s ha ll i n no way d i splace o r modi fy prese nt or futu r stat utory o r c a se law of t he Stat e of Co l o rado. !. The parti 1 acknow led e that dur i ng ne got i at ions wh i ch r aulted in thi1 Agreement , ach had the unlimi t e d r ight a nd o pp ortunity t o aake deman ds and propo1ala wi t h r e1pect to any subject or ma t t e r appropriate for aeet nd confer diiCUIIionl and that the under1tandinga and agr aent1 arriv d at by the partie• after thia exercise of that ri&ht and opportunit y are 1et forth in thia nt. ARTl CL 3 . RE COCNITIO Th City reco niz 1 th !n&l wood Employ ea aoc1at1on/A1S E Local 1303 a1 the aol mploy e oraanization c rtif1 d by the Career Service Board of the Cit of Enal wood •• the e luaiva repr a ntativ for the public a ploy a within th fo llowin b r atntn unit: lne lud d : All ull-t •m , ela11i f i d non ra ney ploy 1 o th Cit • • I • • • • ,. - Page 3 Excluded: All supervis o r y , manager i al, c o nfidential, part-time, temporary, seasonal, and contractual emp loyees, students and all employees h i red through the use of Federal, state or other outside funding sources for special projects or programs, and a l l others who may be determined by the Career Service Board prior to or during the life of this Agreement as provided under the City Charter. ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A. To form, j oin, support or participate in, or to refrain from forming, j oining, supporting, or participating in the employee organization or its lawful activities; and B. Bargain collectively through their certified employee representati ve. C. No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these right s no r sha ll the right of an individual employee to discuss employment concerns wi th t he Ci t y be infringed upon. ARTI CLE 5 . HO URS OF WORK All departments, f unct i ons or activities shall observe o f fice and wo rk i ng hours nec es sary f or the e ff icient transaction of their respective s er v i ce s. Such hav e been d e t e rmine d f or non-em rgency employees as f ollows : A. All mp l oyees c overed by this Agreement shall work at leas t fort y (40) hour s per w ek, or in the case of shift work, an average of fo rt y (40) h o urs p r w e k. Th work week shall consist of f ive (5) e ight -h ou r shif t s , o r oth r work s che du l es as determined by the departm nt h e ad with a pp r o val of the Ci ty Hanag r. All employee sh 11 be chedul ed t o r a r u la r wo r sch du l and each wo rk s chedule shall have a r e gula r s t a rt ing and qui tting t i • Sho uld t he rk ach du l b c hanged , a ffe c ted e •ploy ea will be no t ified as soon as possibl • B. •ploye a shall b entitl d to t (2) r est p rioda no to ftft n (IS) -1nu ea or one (I) thirt y (30) minut a r a p rt d ch work ach dule. R at p rioda shall b under the control of th or depart• nt h ad. D. n n c aaa ry, ploy cl n-up p rtod prtor to t h shall b und r th control o ranted tl t ach clul • n (IS) •1nu p ra Th cl n-up p rl cl part• nr h ad • • • l • • • Page 4 E. All employees shall be granted a lunch period during each work schedule. Whenever possible, the lunch period shall be scheduled at the middle of each work schedule. ARTICLE 6 . OVERTIME WORK A. For all employees covered by this Agreement, except as s pec ified be low, duties performed over and above the assigned work schedul e sha ll be c o ns i dered overtime . Overtime shall not be computed nor compensation al lott e d on previously accrued overtime. B. All personnel subject to overtime shall be compensated f o r overt i me work at the rate of one and one-half (l l/2) •imes the norma l pay rat e o r compensatory time off during normal work hours, computed at the rate of one and one-hal f (1 l/2) times. The City retains the right to assign overtime work to any employee qualified to perform the work. C. The following positions shall be excluded from the above overtime provision. The current practice of offering compensatory time off for these positions shall continue. 1. Accountant II 2. Programmer/Analyst 3. Associate Planner 4. City Surveyor 5. Sales Tax Auditor 6. Associate Housing Co ord i nat o r 7 . Engineering Inspector 8 . Librarian I 9. City S rviee Wo rke r V ARTICLE 7 . ACT IN G PAY All p r aona in act i ng positions will b coapenaat d a t t he A at p of t h acting poaitlon or 5% which v r ia g r eat r aa appruv d by th appointing authority, n ly th City na er . The aploye auet have rk d in th puattion for a period of ftfte n (15} •on• cutivt calendar day• for tafd •plo b co li&ibl or actin politfon co tnaatton . uch pe will b tn after the nth (15 h) cal nd r d y aatd •pl y e aaau. th r ap net llttiea o th po t 1 n. A TICL K .lliT t AS.S h r1t • • • • • • Page 5 ARTICLE 9. COMPENSATION A. Eath employee in the classified service shall be paid at one of the rates set forth in the pay plan for the class in which they are employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade established for the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (1) The employee is on leave without pay. The previous anniversary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2) The employee terainates his employment and later is re-employed. The new anniversary date shall be determined by his new employment date. (3) When it is deter.ined that the employee merits an increase, the date of the increa e will determine the new anniversary date. E. Employees of the City of Englewood represented by the Englewood Employees Association and covered by this Agreement shall receive a 5 .75% increase on the base wage rate effective January 1, 1984. F. The parties a ree to r open negotiations based only upon wages for the year 1985 and 1986. These o otiations shall eo .. nee on Septeaber 1, 19 and 19 5 and conclude on or before October 1, 1984 and 1985. ARTICLE 10. LO CEVITY C E SATIO In addition to an eaplo ees aonthl salary, the eaploye shall be eligible for longevity coap nsation baeed upon th nu.ber of yeare of eontinuoua aerviee with the City and ehall b derived froa the following eehedule • • Page 6 Years of Service 15-19 20 or • • • Amount of Compensation $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 pluc an amount equal to $12 fo r each full month of completed continuous service after completion of 15 years of service up to December 1. more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity compensation as provided for under this Article. ARTICLE 11. PROBATIONARY EMPLOYEES The probationary p riod for all newly appointed employees shall be twelve (12) -onths from the date of hire. After completion of the probationary period, the employee shall be given permanent status. A. A promoted City employee shall receive a minimum of one step increa e in pay and s rve a tw lve (12) month probationary period in the new position; provided, h v r, that after having satisfactorily served in said new position for a period of at least six (6) months, the head of the department to whi ch the aployee was promoted may r commend p rmanent status in th new position forth employe prior to the xpiration of th twelve (12) month period. Any substantial tiae s rved in an acting capacity by th mploy will b taken into consid ration by th d partm nt head wh n r co .. nding the len th of the probationary p riod to th appointing authority. Should the appointing authority approv p rmanent status for th aplo e prior to th xpiration of th tv lv (12) onth probationary period, th aploye shall b considered to hav p raan nt status. Upon attaining p raan nt status in the new position, th ploy e shall r c ive s on step increase in pay; provid d, h ever, that the additional at p 11 availabl in the n w arad B. An p raan n ploy In the cla1ai 1 d service upon bein pro ted to e n w pueitton in the Care r rvice S at a shall hav probationary statui et out above in any po1ition to ich h was promoted, but 1hall retain his pr vlous cla liftcation and aay tran r bae or pr vioue po1ltlon at any tia durin th proba ionary tlon of th appoln ln au horlty. d.in- City p r1 d • • • • • - Page 7 ARTICLE 12. ANNUAL LEAVE A, Employees hired prior to January l, 1984 and covered by this Agreement shall accumulate annual leave monthly at the rate 1 1/4 days per munth uf act lve service, Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the department head, In order to qualify for annual leave credit during the month, the employee must have worked for at least one-hal t (1/2) uf the working days of that month excluding authorized paid leave, Fur thuse employees having le ss than ten (1 0 ) years continuous service, the maximum accumulation of annual leave shall be th i rty (30) days. B. After ten (10) years of continuous service with the City, employees shall accumulate annual leave at the rate of 13.3 hours of annual leave per month of active service, In order to qualify for annual leave credit during the month, the employee mus t have work ed for at least unc-half (1/2) uf the wurklng d ay~ u f that munth excluding authorized paid leave, The maximum accumulation shall be 40 days, C. Employees hired after January 1, 1984, and thereafter, covered by this agreement shall accumulate ann ual leave yearly at the following rate: 0-4 years 5-9 years Maximum Accrua l 10 or more years 80 hours per year 120 hours per year 160 hours per year 160 hours 240 hours 320 hours D. Accumulation of annual leave shall neither be authorized nor computed for any purpose after t he maximum accumulation has been r eached. Use Th schedule for us of annual leave shall be det ermin d by th dep rtment. Annual leav shall be taken at a time conv nient to and the d partm nt head or sup rviaor. n da of the ppruv d by Annual Leave Pay The rate of annual le ve pay shall be the mploy s r gul r atr i&ht tim hourly rate of pay for the employees regular job and charaed n a wurkina hour basis, axcludina holidays and regular daya off. Annual 1 ave ahall be all d only to the t tal hourly ount accumulated at th be inning of th ve r ltl d by t h d p rt• nt h ad. E ploy a may r c lv th lr nn no earltar than three (3) daya prior to the atart of their annual p r ovtd d the mploye make a writt n requ t to their supervisor c a le ndar daya prior to th start of th lr annu 1 1 av • rth mply haabeunthtr to urk durtna the ach dulad ann d 1th v c tion ti for th nu. • v leave, fltt n (1 5) I • • • • Page 8 How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i .e. retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation . ARTICLE 13 . PERSONAL LEAVE Effective January 1, 1984, all employees covered by this Agreement shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A. Time lost as a result of illness/inju ry to the employee or the employee's immediate family. B. Attend personal business. c. Leisure time. For any employee who has not used the 48 hours of personal leave tim ending November 30 of each year or any portion thereof, the City will co•pensate said employee for the unused time at the emplo ees regular wage rate to be paid during the month of Dece•ber of that year. Personal leave ti• shall not exc ed 48 hours nor shall it be ac~umulated or carr! d ov r from one year to the next. Personal leave shall be sch duled and adminiat red under the direction of the depart•ent head or superviaor. In the event of illness/injury in which personal leav is requested, shift rk employees ahall notify their supervisor at least one (1) hour prior to their acheduled reportin ti•e, all other employees shall report at the beginnin of their acheduled reporting time. Personal leave ahall b pro- rated for employees beginning and terminating employment with the City during th calendar year. ARTICLE 14. DISABILITY -TEMPORARY ( 0 JOB RELATED) D inttton T porary disability is 1 ave ren d for non-service tonn et d in ur or illness o en ploye which dtaebtltty pr v nte th loy fro• p r or•ln hta/her dutl 1 as a City ploye • Pr vtaion • r T ach durt th orary diasbtltty I av ar th C1 a 11 r pr ~ dt y rary dtaabtltty 1 av With t rat 0 1 01 of th df a 1Uty. ul tv nua r o 0 da a. • ps for loy loy •• Ja u.ery loy • • • • .. • Page 9 For employees hired after January 1, 1984, and thereafter, and covered by the terms of this agreement, the City agrees to provide said employees temporary disability leave with pay for employees absent as a result of illness/injury as follows: 0-4 years 5-9 years 10+ years 60 days 90 days 120 days For employees hired after January 1, 1984, and thereafter, temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 100% of the number of days used by an employee during the preceeding year as follows: Uti liz at ion 0-4 years 5-9 years 10+ years up to a maximum of 30 days up to a maximum of 45 days up to a maximum of 60 days A. Authorization fo r temporary disability leave with pay shall only be granted after the first day of disability. B. Authorization for t mporary disability shall only be ranted for the following reasons: 1. Personal illness or injury not servic connected, including maternity. Sick Leave Option All sick leave accru d by permanent shall v st with the ploy , and aay plo a prior to January 1, 1980 ua d ln the followin aann r: A. After the 120 daya as d acri d abov , have •ploye ia ntitled for r tir • nt aa a r ault o n us d, unless the dhability. B. By caehin in all accru d atck leav actuaulated und r th previo plan upon noraal r tir -.nt fro• the Cit at th rat of on hours pay for each two h ura of accru d ate 1 ave or one hours pa for ach four hours upon a paration fro the City. c. y ar h r p y, und r th (4) pl n, one ach fur (1) ura ch y r. • .. • • • • •' .. Page 10 on the leave request form noting temporary disability entitlement shall indicate suth determination. An attending physitian's statement will not be necessary until after three (3) days of disability except when required by the Department Head. Abuse of Temporary Disability Abuoc of temporary disability otcurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 15. ON-THE-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City- appointed physician(s) at the City's expense or under the provision of workmen's compensation. The employee will not be charged sick leave for disability under this Article. B. All injuries that occur during work ing hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their d partm nt of employment. ARTICLE 16. A. Any th military, war shall b MILITARY LEAVE w r or until th reaf r. p raanent or probationary employ e who nlists or is inducted into naval, air or other arm d services of the United States in tim of ntitl d to a leave of absence without pay for the duration of such honorably dischar ed, which ver occurs fi rst, and for one (I) year B. mb r of the lh h r r urn• to hi1 public 1 rvic and no lat r ia • • • • Page 11 prevented from so r e t urning by physical o r menta l disability or other eause not due to his own fau l t o r is r equired by pr o pe r authorities to eontinue in sueh military serviee beyond the tim herein limi ted f o r sueh leave. D. Sub j ect t o provision A, B and C abo ve, the Ci ty sha ll provi de fu ll pay to an employee granted military leave , les s v hatever compensation the emp loyee may have reeeived by the milita r y fo r sueh s erviee. ARTICLE 17. FUNERAL LEAV E The Department Head shall grant leave vith pay to an employee to attend the funeral of a member o f the employee's family. The number of days granted shall be governed by the eireumstanees o f the ease, but in no event shall they exeeed five (5) vork i ng days. Fo r the purposes of this seetion, "emp loyee's family" shall mean the employee's spouse, o r the eh i ldren, grandchildren, parents, grandparents, brothers and sisters o f the employee or of th e e mployee's spouse. Annual leave may be granted by the Department Head if add i tiona l time o f f is deemed appropriate. ARTICLE 18. JURY DUTY AND WITNES S SERVI CE Leave may be granted to an employee for serving on j ury duty or a s a witness in his official eapaeity in obedience to a subpoena or direction by lega l authorit y . He shall be entitled to the difference between his regular compensation and the f ees received for jury duty or as a witness. When he is subpoenaed as a vitness in private litigation to testify, not in his o f ficial eapaeity but as an i nd i vidual, the time absent by reasons thereof sha ll be taken as annual l eave or leave vitho ut pay . ART ICLE 19. HOLIDAY S A. The f o l lowing days shall b consi de r e d o ff ieia l ho l ida ys by t h Ci ty: 1 . N w Yea r 's Day: J a nuar y I . 2 . Wa shingt on's Bi rthd ay: the thi r d Mo nd ay in F brua r y . 3 . Me mo r t 1 Day: th last nday in May. 4 . Independence Day: July 4. 5 . Labor Day: the first nday in S pt mb r. 6. Vet ran's Day: Nov mbtr 11. 7 . Thanks tvina Day: th f urtb Thursday in ova r. 8 . Fourth Frid y of ov • r full win& Than satvtn Da • 9 . Christaas Eve: Dece•b r 24. 10 . Christaas Day: D c •b r 25. 11. N w Y ar's Ev D ~ •b r 1. Any plo ee cov r d by ech dul d on the rktn days or have spprov and oll wtna a holiday 1hall n t r e lv autborlz d by th d part n h d. who du 1 no p rfor• duty p id leav 1 dla ly prior to or the holiday unl 1 h 1 • • • • Page 12 C. Eligible employees other than shift work employees at the Wastewater Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an official City holiday shall receive one and one-half (I 1/2) times the employee'R regular rate of pay for all hours actually worked in addition to the employee's regular pay for the holiday or time off at the rate of one and one-half (l 1/2) times the number of hours actually worked at the discretion of the department head. D. When any of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE 20. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. The City will continue to provide uniforms, cleaning and replacements. The City will provide 50% of the cost of required work shoes up to a maximum of $40 per year except with department head approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. ARTICLE 21 . TUITION REFUND Upon recomm ndation of the department head and after prior approval of the City Manager, the City of Englewood may reimburse employees covered by this Agree - • nt upon successful completion of an approved course or eoursea in education or vocational training at the public institution r te. The eourae or training must b related to the work and be d sign d to improve eompetenee in the job, and be of value to the employee's service to the City. This shall include all tuition, and required texts. ARTICL 22 . LIFE I SURANCE Lt thh nt o r tir n uC 50% cov ra th Ci ty fur aald retired A TlCL . 21. 0 TAL City for aploy a cov r d by conv raton privile upon ploye will b aade available by pr mila ct d and • ...... • • .. Page 13 Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item under this Agreement.) ARTICLE 24. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Agreement, the City shall pay 100% of the 1983-84 premium coat for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item under this Agreement.) C. Retirees prior to January 1, 1980 will be provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay 50% of the cost of coverage of the conversion plan up to a aaximum of $50 per month. D. Beginning January 1, 1985, and thereafter, employees shall assume any premium rate increase above the 1984 premium rate on a shared 50-50 basis wi th the City and any subsequent increases during the life of this agreement. ARTICLE 25 . RETlREKE T BENEFITS The r tirea nt b n fits for employ • covered by this A re aent are set forth in Title V, Chapter 9, R tireaent, of the Engl wood Municipal Code. Th following chang 1 shall b .. de J nuary 1, 1980 • A. or prior 1 rvice : tion, aultlplied by th nua • 75% of the ab r1 final av ra aonthly coap nla- r of year• of credit d prior lervice. I. For curr nt 1 rvlce: 1.5% of final averaae .onthly c n11tion, aultipl1 d ti 1 th nua r of y ar1 o credited curr n 1 rvtce. A TlCL! 2 LAYO F • • • • Page 14 B. All other factors being equal, employees on layoff shall be recalled in the order of relative length of service as shown by the personnel records, provided that those recalled have the demonstrated ability and same qualifi~ations to perform the available work as determined by the City. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The recall list shall terminate after one (1) year.) ARTICLE 27. LEAVE OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child ~re, serious illness of a member of the employee's family, or attend Engle- wood Employees Association a~tivities but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qual i fied. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the e•ployee to the employee's department head. The request shall indicat e the reason the leave of absence is being requested and the approximate length of 1 ave time requested. Consideration of Leave Request The d part•ent head shall grant or deny 1 ave requests, takin into conaid r a- tion th d partmenta work force, work load and the mployees requeat. Failur e t o Return If an employee faila to return by the date of leave expiration, the shall b considered to have voluntarily r aianed f r o• the aerviee of th •ploye City. A arievanee 11 d in d aa a elai• or dt put by an ••ployee tov r d by th term. of thia A r ment concern1na an alle& d violation of a ap ific pruvia1 of thia A r ment. The loy e ahall r quir d to follow the proc dur •• 1 out 1 A. ·w r Day" mean cal ndar daya City r c nl& d holidaya. lu 1•, of aturday1, unda '• nd • • • • • Page 15 If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five work days of the date of the occurrence of the grievance, or the employees knowledge of it, the employee may within the succeeding five {5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to Adjust the matter and shall respond in writing to the employee within five {5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) work days following receipt of the supervisor's response. The department head shall respond in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) ··ork days following receipt of the response of the department head. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. If the grievance is still unsettled the Englewood Employees Association or bargaining unit employee, within ten (10) work days after the reply of the City Manager or his/her designated representative, may by written notice request the aatter be heard by the Career Service Board. The Career Service Board shall be requested to i11ue a decilion within thirty (30) days after conclusion of teati•ony and arguaent. Each part 1hall be re ponsible for compen1ation to ita ovn repre1entative1 and witnesses. Failure by the Englewood Employees Association or an employee to ~omply with any ti•e li•itation 1hall eon1titute a settlement of th grievance. Should the employer not r 1pond within the pr 1cribed time, the grievance wil l auto .. tieally proceed to the n xt ltep. Authority of Care r S rviee Board The Care r Service Board shall change th ter.. of thil Agre aent. final and binding upon th partial. to th art van lub.ttted which ha1 proc dur o tltn d. Criavane Option have no power to add to or lubtraet from or Th written deci1ion of the Board •hall be The Board •hall limit it1 d cilion etrietly en properly prot 11ad throu h the rievanc It 11 a r d that 1h uld th app al proc dur ae provid d und r 138:4 of th Ci y Charter or applicable Cit ordinanc • is u iliz d, r coura to th r1 vane pr c dur tnelud d in this Ar tel shall b w tved. •• d b vtthtn 1 d t na d ltml a with I • • • • .. Page 16 ARTICLE 29. DUES DEDUCTION A. The City agrees to dedu~t the Englewood Employees Association dues ea~h pay period from the pay of those employees who individually request in writing that su~h dedu~tions be made, subje~t to the garnishment laws of the State of Colorado. The amounts to be deducted shall be ~ertified to the City Finance Dire~tor by the Treasurer of the Association, and the aggregate dedu~tions of all employees shall be remitted together with an itemired statement to the Treasurer by the 15th of the su~~eeding month, after su~h dedu~tions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty day written notice by the employee to the City Finance Dire~tor. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduetion for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assuaes no liability and shall not be liable for the tolle~tion or payment to the Englewood Employees Association of any dues during any ti•e that an employee is not actually working for the City and a~tually on the payroll of the City. In the event of error on the ~heckoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or j udgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be liaited to two (2 ) changes ea~ year, and provided a thirty (30) day written notice is provi de d the City Finanee Director. E. Should the change in the deduction amount or method requir a toaput r programaing change, th e Englewood Employees Aasoeiation shall be reapon1 ible fo r that colt of such ehang or changes, at $30 per hour with a four (4 ) houre max i mum. Paym nt from the Englewood E•ployee s Aasoeiation shall be made t o the Cit y Finanee Director within ten (1 0 ) days of receipt of bi l lin • ART ICLE 30 . ASSOCI ATIO ACTIVIT I ES The City a r ees that during worktn hour s on t he Ci t y p r eais 1 and witho loss of pay , !ngl ood loy • Aaloctatton r1 .. y be allo d to: at nd Engl ood ! loy 1 Aaa elation and/or .. naa n tin a; p It !n 1 w od Employ ee Aaaoeiatton notices on City d at nat d bull in boa r d•; aollclt !n 1 - wood !•ploy a Alaoc1at1on •b r1hip1 durin& loy '1 non -work ti .. ; and repre1ent ploye 1 on grievane 1 and n gotiationa . A TlCL )1. ST BY PAY lo 1 eov r d by thil A at a rat qual t ei h t k of stand du y . nt and a ai n d • andb y duty 1hall h1e/h r r ula r ra 1 o pa • -• • • Page 17 ARTICLE 32. CALL BACK Any time an employee on off duty status who is called back to work shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (1 1/2) times their regular hourly rate, ARTICLE 33. MAINTENANCE OF BENEFITS All wages, hours and other teras and ~onditions of eaployment granted to the employees covered by this Agreeaent, the Englewood City Charter, or Municipal Code, shall ~ontinue in full foree and effect at the highest level of benefits. In Witness Whereof, the parties have caused this Agreement to be signed by the1! respective representatives, and their signatures place thereon, on this ~day of July, 1983 at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION • • • • • .. • ORDINANCE NO. BY AU 'r HORITY SERIES OF 198~3------ A BILL FOR 1D COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF ENGLEWOOD , COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION , EFFECTIVE JANUARY 1, 1984 THROUGH DECEMBER 31, 1986. WHEREAS , a tentative agreement dated July 15 , 1983 by and between the City of Englewood and the Englewood Employees Association has been executed by representatives of each of the said parties; and WHEREAS, said tentative agreement was duly ratified by a majority of the members of the Englewood Employees Association; and WHEREAS, Section 5-lO-lO(c), as amended, requires that the tentative agreement be approved by Ordinance duly passed by City Council. NUW, THt::REFORE, BE IT ORDAINED BY 'rHE CI'rY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. That the tentative agreement dated July 15, 1983 by and between th City of Englewood, Colorado, and the Englewood Employees Association, effective January 1, 1984 through December 31, 1986, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. 5 ction 2. That th Mayor of the City of Englewood is hereby authorized nd direct d to xecute the Collective Bargaining Agre ment b tween the City of Englewood and the Englewood Employ e Association dat d July 15, 1983, nd the Di r ctor of Finane , ex officio City Clerk Tre surer , hall att st th same. Section 3 . A copy of said Agreement is on file with th Director of Finance, ex officio City Cler Tre surer, a aumm ry of which i a a f o llow : • • • • .. off. Provision is made for acting pay, merit increases, longevity compensation, annua l leave, personal leave, disability, on the job i njury/disability, mi litary leave, funeral leave, j ury duty and witness service. Hol i days are established in the Agreement. A uniform cleaning al l owance is provided for those employees required to wear uniforms. A tuition refund program is established. Life insurance, dental insurance, and health insurance are provided at certain rates. Retirement benefits, layoff procedure, leave of absen c e and grievance pro c edures ar e s a b li shed i n th e Ag r eement. Dues deduction is provided for. Certain Association activities are permitted. Standby pay is established, callback provisions are established and maintenance of benefits is assured. Compensation is provided for in the Agreement and provides for 5.75% increase on base wage rate effective January 1, 1984. The parties have agreed to reopen wage negotiations only to be conducted in the month of September in the years 1984 and 1985. The foregoing is only a summary of said Agreement and does not in any way affect or modify the terms or conditions contained i n said Agreement, said Agreement being fully implemented hereby. Introd uc ed, read in f ull , a nd pa ssed on f i r s t reading on the 18th day of J ul y , 1 98 3 . 1983. Publis hed a s a Bill fo r an Or di na nce on th e 20th d a y of July , Att st: Eu gen e L. Otis , Mayor x officio city Clerk-Treasurer I, Gary R. Hlgb e, ex officio City Clerk-Tre surer of the City of Engle ood, Colorado, hereby certify that th above and for go ng is a ru , accura e and complete copy of a Bill for an Ord nance, ln rodue d, read in full, and passed on first reading on h 1 th day of July, 1983. 2 I • • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE 1. This Agreement entered into by the City of Englewood, Colorado and the Englewood Employees Association has as ita purpose the proaotion of harmonious relations between the City of Englewood and its Eaployees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment as set out in the City Charter. Ex~ept where limited by express provisions elsewhere in this Agreeaent, nothing in this Agreeaent shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not liaited to, the following: A. Determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operations. C. To determine the servieea to be rendered, the operations to be performed, the technology to be utilized, or the aattera to be budgeted. o. To d termine the overall thoda, proeeasea, a ana, job clataifi~ation• or pertonnel by which City operation• are to eonduet d. To direct, sup rviae, hlr , pr retain or lay-of aploya a. ta, traoafer, aaaian, aeh dul , F. To auapeod, diteipline, diseharae, and d aota for jutt eauaa, all full- c. H. tia p raanent elaatified loy e1. To or b in eauaa of lac o w rk or fonda, d tarain 1 e ntinu d work would • ry t carry u th r ln or llai d b • ( f • • .. Page 2 I. To take any and all actions to carry out the mission of the City in cases of emergency. J. Nothing contained herein shall preclude the City from conferring with its employees for purpose of developing policies to effectuate or implement any of the above-enumerated rights. The City retains the right to change any past practice which is not in conflict with this Agreement. In the event a past practice is sought to be changed by the City Manager or Department Heads, the Englewood Employees Association will be provided reasonable notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in conflict with this Agreement. ARTICLE 2. DURATION OF AGREEMENT A. This Agreement shall take effect on January 1, 1984 and shall continue in force to and including December 31, 1986. B. This Agreement, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Agreement should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this Agreement shall not be affected thereby and this A reement shall reaain in full force and effect, and the parties shall promptly aeet and confer for the purpose of attempting to arrive at a .utually satisfactory replac ent for such article or section. D. The parties agree and understand that provisions relating to employees cov red by this Agreement ahall in no wa y diaplace or modify preaent or futu re statutory or case law of the Stat of Colorado. E. The parties acknowled e that during negotiations which re&ulted in this nt, each had the unlimited right and opportunity to aake demands and proposal• with r ap ct t o any subject or m&tter appropriate for m et and confer di&cusslons and that the understandin&• and aare aents arrived at by the partiea a ter this x rciae of that ri ht and opportunity ar set forth in this A r aent. ARTlCL 3 . ln lud d: COG ITt coantzea the En&l od Em loyee& Aaloeiation /AFS Local I 03 •• e or antzation certifi d by th Carer S rvice !oard of th Ci ty th e luaive reprea ntative for th public aploy 1 within h unit: All full--tla , ela1aifl d n n r& ney ploy 1 of th Clty . I • ( ( • • .. Page 3 Excluded: All supervisory, managerial, confidential, part-time, temporary, seasonal, and contractual employees, students and all employees hired through the use of Federal, state or other outside funding sources for special projects or programs, and all others who may be determined by the Career Service Board prior to or during the life of this Agreement as provided under the City Charter. ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in the employee organization or its lawful activities; and B. Bargain collectively through their certified employee representative. C. No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discus employm nt concern with th Ctty be infringed upon. ARTICLE 5. HOURS OF WORK All departments, functions or aetiviti s shall hours necessary for the efficient transaction of th Such have been d termin d for non-m r ency mplQ A. covered b in th case of shift work, an avera work w shall consist of fiv other rk sch dul a as determin d by the depart• nt the City na r. All mployees shall b sch duled to sch dule and ach work schedule shall have a recular t1• • Should th work achedule changed, a ct d notift d aa soon aa posaible. • s all -tnu s R t h ad. d r ae aup rvtsur t • • • • Page 4 E. All employees shall be granted a lunch period during each work schedule. Whenever possible, the lunch period shall be scheduled at the middle of each work schedule. ARTICLE 6. OVERTIME WORK A. For all employees covered by this Agreement, except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previous ly accrued overtime. B. All personnel subject to overtime shall be compensated for overtime work at the rate of one and one-half (1 1/2) •imes the normal pay rate or compensatory time off during normal work hours, computed at the rat of one and one-half (1 1/2) times. The City retains the right to assign overtime work to any employee qualified to perform the work. C. The following positions h 11 be excluded from the above overtime provision. The current practice of offering compen atory tim off for these positions shall continu 1. Account snt I 1 2. Programmer/Analyst 3. As oci te Planner 4. City Surveyor 5. Sal s Tax Auditor 6. Associate Housing Coordinator 7. En ine rin Inspector 8. Librarian I 9. City S rvic Worker V ARTICLE 7. ACTl C PAY AATlCL H. IT ll • • • • Page 5 ARTICLE 9. COMPENSATION A. Each employee in the classified service shall be paid at one of the rates set fo rth in the pay plan for the class in which they are employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City . C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade established fo r the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (1) The employee is on leave without pay. The previous anniversary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2) The employee terminates his employment and later is re-employed. The new anniv e rsary date shall be determined by his new empl oyment date. (3) When it is determined that the employee merits an increase, the date of the increase will determine the new anniversary date. E. Employe es of the City of Englewood represented by the Englewood Employees Association and covered by thia Agreement shall recelv a 5 .75% increase on the base w ge rate effective January I, 1984. F . The partt a a r to reopen negotiations based only ~pon wages for the year 1985 and 19 Th se n otiations shall commence on September I, 1984 and 1985 and conclude on orb fore Ottob r 1, 19 4 and 1985. ARTICL I 0 . LO CEVlTY C SATIO. ln addition t o an aployees aonthly aalary, the aploy shall b eligible for longevity co na tion baaed upon th nuaber of yeare of eontlnuoue service with th City and ahall b derived froa the following achedule. Yean of Servt~ 0-4 5-9 10-1 ne Aauun o Co neatlon aploye 1 who have • rvice on D c aber 1 of any un qual to $12 r r a h a tar co leti n o 5 y re I • • • • - Page 6 Years of Service Amount of Compensation 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of <:o mpleted continuous service after coml'l<!tion of 20 or more 15 years of serviee up to December 1. $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity compensation as provided for under this Article. ARTICLE 11. PROBATIONARY EMPLOYEES The probationary period for all newly appointed employees shall be twelve (12) -onths from the date of hire . After completion of the probationary period, the mployee shall be given permanent status. A. A promoted City employee shall receive a minimum of one step incr ase in pay and serve a twelve (12) month probationary period in the new position; provided, how ver, that after havin satisfactorily served in said new position for a period of at least six (6) months, the head of the department to which the mploye was promoted may r commend permanent status in the new position for the ploy prior to th xpiration of th twelv (12) month p riod. Any aubstantial tim s rv d in an acting capacity by th mploye wil l b taken into eonsid ration b th d partm nt h ad wh en r co .. nding th 1 n th of he probationar p rlod to th appointing authority. Should the appointing uthorlty approv p rman n atatu for the aploy prior to th xpiratlon of the tw lv (12) aonth probationary p riod, the eaplo e hall b coneid r d to have p raan nt atatu • Upon attaining p rman nt atatua in the n w poaitlon, th plo e ahall r c tve a on atep tncr aa in pay; provid d, h v r, that th additional at p 1a availabl in th n w arad I. claaaifl d rvtc shall hav p p I • • • ,. - Page 7 \ (• l I ARTICLE 12. ANNUAL LEAVE A. Employees hired prior to January 1, 1984 and covered by this Agreement shall accumulate annual leave monthly at the rate 1 1/4 days per month uf active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the department head. In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (1/2) uf the working days of that month excluding authorized pa ld leave. Fur those emp luyecs having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City, employees shall accumulate annual leave at the rate of 13.3 hours of annual leave per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked Cor at least one-half ( 1/2) of the working day,; uf that month excluding authorized paid leave. The maximum accumulation shall be 40 days. c. Employees hired after January 1, 1984, and thereafter, covered by this agreement shall accumulate annual leave yearly at the following rate: 0-4 years S-9 years 10 or more years 80 hours per year 120 hours per year 160 hours per year Maximum Accrual 160 hours 240 hours 320 hours D. Accumulation of annual leave shall neither be authorized nor computed fo r any purpose after the maximum accumulation has been reached, Use The chedule for u e of annual 1 av d partm nt. Annual shall b t ken th depa r tm nt he shall b L ti• d ter ~1n d by th need uf th conv nl nt lu nd pprov d by Annual L av Pay The rate of annu t leave pay ahall be th hourly rate of pay for the mploy es r lar ob ba111, excludina holtday and re ul r days o!f. Ann only to th total hourly ount accumulat d t th verified by th d part nt h ad. loy no earlier than thr e (3) days prior to th pruvid d th ploy rttten r c 1 nd r d11y p rior t rt of tit I r v • 1 rt r th pluy b char n (1!1) Ll • - ( • • • Page 8 How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any emp l oyee who is separated from the servite of the City, i .e. retirement, termination or layoff, shall be compensated for the unused annual leave time atcumulated at the time of separation. ARTICLE 13. PERSONAL LEAVE Effective January 1, 198 4, all employees covered by this Agreement shall be granted 48 hours of persona l leave time with pay which an employee is entitled to us e fo r the following purposes: A. Time lost as a result of illness/injury to the employee or the employee's l11U1ediate family. B. Attend personal business. C. Leisure time. For any employee wh o has not used the 48 hour s of personal leave time ending November 30 of each year or any portion thereof, the City will tompenaate said employee for the unused time at the employees regular wage rate to b paid during the month of December of that year . Pe r sonal leave ti•e shall not exceed 48 hours nor shall it be ac~uaulated or carried ove r from one year to the next. Personal leave shall be acheduled and administer d und r the direction of the department head or aup rvisor. In the event of illness/injury in which peraonal leave is request d. shift work employe s shall notify their supervisor at 1 sat one (1) hour prior to th ir scheduled r porting ti• , all other e•ploy ea shall report at the bea1nn1n of their achedul d reporting ti• • Personal leave ahsll be pro- rat d for plo ea beginn1n and tenainatin ploya n with th City durin& the al ndar ar. ARTlCL 14. 01 AllLlTY - T D inlttun OR.AlY ( • JOB I..AT!D) d r n pr v nta ln • • • • Page 9 Fo r employees hired after January 1, 1984, and thereafter, and covered by the terms of t his agreement, the City agrees to provide said employees temporary disability leave with pay for employees absent as a result of illness/in j ury as follows: 0-4 years 5-9 years 10+ years 60 days 90 days 120 days Fo r employees hired after January 1, 1984, and thereafter, temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 100% of the number of days used by an employee during the preceeding year as follows: 0 -4 years 5-9 years 10+ years up to a maximum of 30 days up to a maximum of 45 days up to a maximum of 60 days Utilization A. Authorization for temporary disability leave wi th pay shall only be granted after the first day of disability. B. Auth o r ization fo r temporary disability shall only be granted for the following reasons: 1. Personal illness or inju ry not service connected, including maternity. Sick Leave Option All sick 1 ave shall vest with th ecru d by permanent employees prior to Janu ry 1, 1980 •ploy e, and ma b uaed in th followin manner: d A. Aft r th aploy h 120 days as d scribed abov , hav b en us d, unl nt1tl d or r tir nt as a r sult of disability. 1 the B. By ca1hln in plan upon noraal r for eaeh two houri upon 1 p C. By c I In yur at th hour p y, It I ral llity d 11 of blllty netbt H 'I l1 1 tltt under th previous rat of on hour1 pa or on hours pay for each four 1 ev under th previo our ( ) ~our1 1ick 1 av r11on of aore than 400 h ure r. 0 Uy h d or u rvieor t 111 y. Ute 11 n ur • I • • • • Page 10 on the leave request form noting temporary disability entitlement shall indicate such determination. An attending physician's statement will not be necessary until after three (3) days of disability except when required by the Department Head. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employ~~ uses temporary disability leave f or unauthorized purposes. An employee who makes a false claim for temporary d i sability leave shall be subject to disciplinary action or dismissal. ARTICLE 15. ON-THE-JOB INJURY -DI SABILITY A. For any on-the-j ob injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinat ion(&) by City- appointed physician(&) at th e Ci ty's expense o r unde r the provision o f workmen's compensation. The employee wi l l not be charged sick leave fo r disabilit y under this Article. B. Al l in j uries that occur during work i ng h ours shall be report e d to the employee's supervisor within 24 h ou r s of th e injury or be f ore the emp loyee l eaves their department o f employm e nt. ARTICLE 16 . MILITARY LEAV E A. Any permanent or pro bat ionary e mp l oyee who e n l ist s o r is inducted i nto the milit ary, naval, air or other a rm d s rvices o f the United Stat es i n time of war shall b e ntitled to 1 ave of abse nce without pay fo r t he du rat ion of such w r or until honorab ly d ischa r ged, whicheve r occur s firs t, and fo r on (1) ye a r thereaft r. B. Any mploye who shall b a me b r of the National Guard or any other eo•pon nt of th .tlitary fore a of th State, nor or h reafter organized or c onstituted und r the Stat or fed ral law, or who shall b a •b r th r 1 rv ore 1 o the Unit d Statel , n or h r aft r or aniz d or eon1titut d und r f d ral law, 1hall b ntitled to 1 av of ab ne ro• hi1 •ploy. nt without lo11 of pay, 1 niority, 1tatu1, effiei ney ratio , vacation , aiek 1 av or other bene!itl for all the tim when h n ag d with 1ueh organization or eompon nt in training ord r d or authoriz d by prop r authority pursuant to law, wh ther ral purpoa a, but xe din f1 t n (15) daya in any cal ndar 1hall b llow d h r quir d •ilita r y 1 rvit 11 latil - fac d , which 1hall b d unlea1 th con rary 11 1tabli1h d. uch 1 av dl t ly upon I rat ion o th allo r 11 v h r in ploy r turna to hia public ue ailitary 1 rvie and not lat r for 1u h 1 av , unl 11 h 11 • • • • • Page 11 ~ prevented from so returning by physical or mental disability or other ~ause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. ( ( D. Subject to provision A, B and C above, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service. ARTICLE 17. FUNERAL LEAVE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. For the purposes of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. Annual leave may be granted by the Department Head if additional time off is deemed appropriate. ARTICLE 18. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular compensation and the fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not tn his official tap3city but as an individual, the time absent by rea on the reof shall be taken as annual leave or leave without pay. ARTI CLE 19. HOLIDAYS A. Th followi ng da 1 shall b considered official holidays by the City: I. 2 . 3 . 4 . s. 7 . 9. 10. II. a. M.y aehedul d un th and foll in a au hortJ d by th in February. Hay. pte•ber. uv mber. givin& Da eov r d by • n wh o du 1 no perfor• duty r ln d ya or have approv d paid 1 av 1 diat ly prior to ltday ahall not r e lve pa for th holiday unl 11 h rw ta d art nt h ad . • • • • Page 12 C. Eligible employees other than shift work employees at the Wastewater Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays which they perform no work. Employees required to work on an offi~ial City holiday shall receive one and one-half (1 1/2) times the employee'R regular rate of pay for all hours actually worked in addition to the employee's regular pay for the holiday or time off at the rate of one and one-half (1 1/2) times the number of hours actually wo rked at the discretion of the department head. D. When any of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall bP. scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and f unctions. ARTI CLE 20. UNIFORM CLEANI NG ALLOWANCE If an e.ployee is required to wear a uni form, the employee shall wear the unifora only as authori~ed by the department work rules . The Cit y will continu to provid uniforms, cl aning and replacements. The City will provide 50% of the eoat of r quir d work shoes up to a maximum of $40 per year except with depart• nt h ad approval. All employees shall maintain a presentable appearance whi l on duty. Th aployee is responsible for any damage to the uniform by n gligenc or d liberate att. ARTICL 21. TUITIO REFUND Upon ree ndation of the depart• nt h ad and after prior approval of the City Kana er, the City of Englewood may reimbura employees cover d by this Agre - nt upon suce aaful completion of an approv d course or courses in education or vocational tra1n1n at th e public inatitution rate . The course or training must b r lat d to the rk and b desi n d to iaprov toap tene in the job, and b of value to th ploye 'a 1 rvite to th City. Thta ahall include all tuition, and r quired texta. A TICL 22. Llf TlCL vld d luy th y th City for • loy 1 cov r d y A conv ralon privtl u on lo will .. d avalla la • • • • Page 13 Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item under this Agreement.) ARTICLE 24. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Agreement, the City shall pay 100% of the 1983-84 premium cost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each single and dependent policy holder . B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only . (It is expressly understood that this provision is a non-grievable item under this Agreement.) C. Retirees prior to January 1, 1980 will be provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. The City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month. D. Beginning January 1, 1985, and thereafter, employees shall assume any premium rate increase above the 1984 premium rate on a shared 50-50 basis with the City and any subsequent increases during the life of this agreement. ARTICLE 25 . RETIREMENT BENEFITS The r tirem nt b nefits for mploy s cov red by this Agreement ar s t forth in Title V, Chapter 9, ~tirement, of the Englewood Municipal Code. The followin changes shall be .. de January 1, 1980. A. For prior servic .75% of them mb rs final averag monthly compensa- tion, multiplied by the number o y ara of credited prior a rvice. B. For current service: 1.5% of final aver ge .onthly comp naatlon, •ultiplied ti• • the nua r of year• of credited curr n • rvice. A TlCL 2 • LAYOFF r under conditione wh r I • • • • .. Page 14 B. All other factors being equal, employees on layoff shall be recalled in the order of relative length of service as shown by the personnel records, provided that those recalled have the demonstrated ability and same qualifitations to perform the available work as determined by the City. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The recall list shall terminate after one (1) year.) ARTICLE 27. LEAVE OF ABSENCE (WITHOUT PAY) Eligibility Permanent employees may be granted a leave of absen~e without pay for reasons of education which is allied to the duties of the City, settlement of an estate, child eare, serious illness of a member of the employee's family, or attend Engle- wood Employees Association attivities but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exeeed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employee's departaent head. The reques t shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department head shall grant or deny leave requests, taking into considera- tion the departments work force, work load and the employees request. Failur to Return If an employee fails to return by the date of leave expiration, the eaployee shall b considered to have voluntarily resigned from the aerviee of th City. ARTlCL 2 • C 1 VANCE PROCEDURE A ari vant is defin d as a elaia or dispute b an employ e tovered by the t ~ of this Agre aent cone min& an alle d violation of a ap cific provision of this Aare m nt. Th eaployee ehall b requir d to follow the proeedur ae 1 t out 1 A. ·work Day· a ane calender daye e lueiv of Saturdaye, Sunda 1, and City r eo nized h lidaye. • I • • ( ( • • - Page 15 If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five work days of the date of the occurrence of the grievance, or the employees knowledge of it, the employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the mattPr and shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department head within five (5) work days following receipt of the supervisor's response. The department head shall respond in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) ··ork days following receipt of the response of the department head. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. If the grievance ie still unsettled the Englewood Employees Association or bargaining unit employee, within ten (10) work days after the reply of the City Manager or his/her designated representative, may by written notite request the aatter be heard by the Career Service Board. The Career Service Board shall be requested to issue a decision within thirty (30) days after eonclusion of testimony and argu. nt. Each party shall be r sponsible for compensation to its own representatives and witnesses. Failure by the Englewood Employees Association or an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will autoaati~ally proteed to the next step. Authority of Car er Service Board The Career erviee Board shall chan e th ter.e of thie Aare aent. final and bindina upon th pertlee. to the &rievant IUbaitt d Which h11 procedure outlin d. Grievant Option have The Th no power to add to or subtra~t fro• or writt n d eieion of the Board shall b Board ehall liait ite d cieion etrietly n properly proceeeed throu h the rievanc It is a r d that ehould the app al proe dur aa provid d under 138:4 of th City Charter or applicabl City ordinanc 1 ia u 111l d, r cour1 to th ri vance proc dur inelud d in thie Artiel ahall wai ed. Proteutn Roure • I • • ( • • • - Page 16 ( ARTICLE 29. DUES DEDUCTION A. The City agrees to dedu~t the Englewood Employees Assotiation dues each pay period from the pay of those employees who individually request in writing that suth deductions be made, subject to the garnishment laws of the State of Colorado, The amounts to be deducted shall be certified to the City Finan~e Director by the Treasurer of the Asso iation, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty day written notice by the employee to the City Finance Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next sutteeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable for the tollection or payment to the Englewood Employees Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City, In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be liaited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Finante Direttor. E. Should the change in the deduction amount or method require a tomputer programming change, the Englewood Employees Assoeiation shall be reeponaible fo r that coet of such thange or changee, at $30 per hour with a four (4) houre max i mu.. Paym nt f rom the Englewood Employees Association shall be made to the City Fi nant Director within ten (1 0 ) days o f receipt of billin • AR TICLE 30 . ASSOCI ATIO N ACTIVIT! S The City sg r ea that durin worktna hours on the Ci t y p r e a is loss of pay , En 1 wood E loy ea Associatlon a bers ma y be allow Enal wood Eaploy s Associat ion and/or na nt tin a; p Eaploy es Association notie a on City dest nated bull tin boards; wood aployeea Association abershlps durin aploy e'a non -wo r k repres nt aploy 1 on grievanc a and n gotist iona . ARTICL 31 . STAND BY PAY a and witho d to: tt nd nal wood solitit n le- tia ; and ploy ee cov r ed by thie d a t a ra te qual to et ht k of stand by d uty. and asei n d a and d u y eh all his/h r r ular ra e of pay • a • • • • • Page 17 ARTICLE 32. CALL BACK Any time an employee on off duty status who is called back to work shall be credited with a minimum of two {2) hours pay at the rate of one and one-half (1 1/2) times their regular hourly rate. ARTICLE 33. MAINTENANCE OF BENEFITS All wages, hours and other teras and conditions of eaployaent granted to the employees covered by this Agree~nt, the Englewood City Charter, or Municipal Code, shall ~ontinue in full force and effect at the highest level of benefits. In Witness Whereof, the parties have caused this Agreeaent to be signed by theia respective representatives, and their signatures place thereon, on this ~day of July, 1983 at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION • I • • RESOLUTION NO.~J--- SERIES OF 1983 • • .. A RESOLUTION ADOPTING FINDINGS, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Case No. 11-83 came before the City Council of the City of Englewood on July 5, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: The City Council finds: 1. That the application i s concerned with an area on the east side of the 3300 Block of South Clarkson Street, described as Lots 7 -8 -9, Block 44, Evanston Broadway Addition. 2. That the area with wh i ch the application is concerned is to be developed by a partner s hip formed by Robert B. Toof, Jr., R. P. Murphy, and Gary A. Petterson. 3. That the app l ication for approval of a Development Plan for the property described as Lo ts 7 -8 -9, Block 44, Evanston Broadway Addition, was f i led with the Department of Community Development on the lOth day of May, 1983. 4. That the ob jec t i ve o f the f i ling of this application i s for the approval of a Planned De velopment to construct one two-story, five-uni t co ndo minium, wh ic h at sometime in the future wi ll b e sold as indiv idual un its . 6 . That ea ch of t h e 5 uni s will b e approximately 1,10 2 s qu re feet in fl oo r area a nd will b tw o-b e dr o om 2 bath units. 7 . That 10 off-street parking p ces ar pr o v id d in th e 0 velopment Pl a n which was considered at the pub l ic hearing b efore he Planning nd Zoning Co •1ssion on June 7 , 1 9 83 and compli s with 5 ction 22.5-5a(l0) of he Comprehensi v Zoning Ordin a nc • 8. Tha all o th in or~• ion re uired for a planned development a [equired by c ion 22 .4A-4a of the Comp r h n iv Zon nq Ordin nee ha b n supplied. and 11 other p r tine n t ached to he application s nsi v e Zoning Or din n c ing or h th • • • • • a. The objectives of the proposed Planned Development is to provide housing that is compatible with the existing neighborhood near Swedish-Craig Hospital complex. b. A site plan and elevations are provided which give a graphic interpretation of the aforementioned objectives. c. Construction will begin within 30 days of a building permit, with an estimated completion date of November, 1 983. 10. That the City Engineer of the City of Englewood has approved the drainage plan and the curb, gutters, sidewalks and driveway surfacing as shown on the Final Development Plan. 11. That utilities and water and sewer service are available to serve the proposed number of condominiums. CONCLUSIONS City Council therefore concludes: 1. That the application for a Planned Developmen t submitted for property identified as Lots 7, 8 and 9, Evanston Br o adway Addition, should be approved. 2. City Council concludes that this development will be an asset to the City and to this area. 3. Usable open space and landscaped areas have been incorporated into the overall design and i s sufficient t o serve th e number of units being constructed and wil l be a cc e ssi bl e t o a ll o f the o cc upants of the dwelling un i ts. 4. The amount o f offstreet park ing to b pr o v id d comp lies with the requ i rement s o f Sectio n 22 .S~a (l0) of the Comp r eh e nsi v Zo ning Ord in a nce of the Ci ty of Eng le wood , Colo ra do . s . Within the Plan n ed De v elo p ent , consid ra 1on has been gi ve n to the location , design , and heigh of th buildings to assu r e privacy and a pleasant environment. b 6. The proposed Pl nn d 0 velopment has access to a public tr et, South Clarkson Street , nd the in rnal driveways re ccessible to emergency vehicles . 7 . Ace s is provided from the apartm nt unit ween he buildings without conflic with vehicul r 2 • to open sp c raffle . I . • • • 8. These condominiums will provide needed housing in this area, thus helping to achieve one of the goals of the Comprehensive Plan. The City Council decides: IT IS HEREBY DECIDED that this Council adopt the foregoing Findings and Conclusions upon said applic~tion anu appruve the Planned Development application tll-83. ADOPTED AND APPROVED this 18th day of July, 1983. Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. _____ , Series of 1983. Gary R. Higbee 3 I • • RESOLUTION NO.~ SERIES OF 1983 • • .. A RESOLUTION ADOPTING FINDINGS, CONCLUSION AND DECISION OF THE CITY COUNCTL OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Case No. 11-83 came before the City Council of the City of Englewood on July 5, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: The City Council finds: 1. That the application is concerned with an area on the east side of the 3300 Block of South Cla rkson Street, described as Lots 7 - 8 -9, Block 44, Evanston Broadway Addition. 2. That the area with whi ch the application is concerned is to be developed by a partnership formed by Robert B. Toof, Jr., R. P. Murphy, and Gary A. Petterson. 3 . That the application for approval of a Development Plan for the property described as Lots 7 -8 -9, Block 44, Evanston Broadway Addition, wa s filed with the Department of Community Development on the lOth d y of May, 1983 . 4. That th objective of the fili ng of this application is for th approval of a Pl nn d 0 vel o pment to construct on two-story, five-unit co ndom iniu , which t sometime in th futur will b sold a s individual uni s . 6. hat ach of the S uni s will b approxim t ly 1 ,102 squar fee in fl oor are and will b wo-b droom 2 bath uni 1. That 10 off-s re p rking spaces re provided in th 0 velopaen Plan 1ch as con idered a the public hearing b for he Plannin9 and Zonin9 Com 1salon on Jun 7 , 1 83 and complies wi h c on 22 .5-Sa(lO} o th Comprehens v Zonln9 Ordinance. for a plann d he Co pr h naive • nc • • • • a. The objectives of the proposed Planned Development is to provide housing that is compatible with the existing neighborhood near Swedish-Craig Hospital complex. b. A site plan and elevations are provided which give a graphic interpretation of the aforementioned objectives. c. Construction will begin within 30 dayo of a building permit, with an estimated completion date of November, 1983. 10. That the City Engineer of the City of Englewood has approved the drainage plan and the curb, gutters, sidewalks and driveway surfacing as shown on the Final Development Plan. 11. That utilities and water and sewer service are available to serve the proposed number of condominiums. CONCLUSIONS City Council therefore concludes: 1. That the application for a Planned Development submitted for property identified as Lots 7, 8 and 9, Evanston Broadway Addition, should be approved. 2. City Council concludes that this development will be an asset to the City and to this area. 3. Usable open space and landscaped areas have been incorporated into the overall design and is sufficient to serve the number of units being constructed and will be accessible to all of th occup nts of the dw lling units. 4. The mount of offstr t parking to b provided complies with th requir mens of S ctlon 22.5~a(l0) of the Comprehensive Zoning Ordinanc o the City o Engl wood, Colorado . s. Wi hin th Planned 0 velopm nt, consideration ha been given to th location, d sign, and height of th buildings to assure priv cy and a pleasan environment. proposed Phnned velop en h • ace as to a pub ic Clarkson 5 r t, and h in ernal driv way ar eaergency v hicles. 7. Ace s • rom he uni • n apac b n h bu ldin • con 1 c w cul r ic. 2 • - • • • • 8. These condominiums will provide needed housing in this ~ area, thus helping to achieve one of the goals of the Comprehensive Plan. r - The City Council decides: IT IS HEREBY DECIDED that this Council adopt the foregoing Findings and Conclusions upon said application and approve the Planned Development application 111-83. ADOPTED AND APPROVED this 18th day of July, 1983. Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fore~Jng is a true, accurate and complete copy of Resolution No. 15 , Series of 1983. Gary R. Higbee • I • • Cttv of E.1glewood 3400 So Elat1 St Englewood . Colora do 80110 Ptlone 761-1 140 • • - • / City of E :lglewoOO 3400 So Etatr St. Engtewood .Coiorado 80110 Prone 761-1 140 MESSAGE REPLY 0 • • • I . • • - RESOWTION ... _ ~\~ .,,~, ~!1'-'\'~7G G NO. j1 SERIES OF 1983 A RESOLUTION OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO F !NANCE A PROJECT FOR SAFEWAY STORES, INCORPORATED WHEREAS, the City of Englewood, Colorado (the "City"), is authorized by the Colorado County and Municipality Development Revenue Bond Act, constituting Article 3, Title 2q, Colorado Revised Statutes 1973, as amended (the "Act"), to finance, refinance, acquire, own, lease, improve and di!=!po!'ll! of one or more projects, including any land, building or other improve- ment and all real or personal properties suitable or used for or in connection with commercial or business enterprises, upon such conditia'ls as the City may deem advisable; and WHEREAS, the City is further authorized by the Act to issue its industrial developnent revenue bonds for the purpose of defraying the cost of financing any such proj'!ct; and WHEREAS, representatives of Safeway Stores Incorporated, a Maryland corporation (the "Canpany"), have met with officials of the City and have advised the City of the Company's interest in acquirinq, constructing and equipping a retail qrocery store having an area of approximately 47,000 square feet, proPOsed to be locaterl on East Hampden Bypass at <;~th Logan Stre , w ithin the City , as w 11 as 11 r eal estate, fixbJres and equiPm t • • • 2 necessary or convenient therefor (collectively, the "Project"), subject to the willinqness of the City to finance the Project through the issuance of industrial development revenue bonds pursuant to the Act; and WHEREAS, the Company has requested that the City qive favorable consideration to the Canpany's proposal to issue bonds, and take such action as is necessary to qi ve the city's approval of the Project financinq as proposed by the Canpany; and WHEREAS, the Company has qiven its assurance to the City that the Canpany will pay, or reintlurse the City for payment of, any and all legal fees and expenses and administrative costs and expenses heretofore incurred or hereafter to be incurr ed by the City related to the Project and its H nancinq, nd that such aqr ement to pay or reinburse the City is no contingent upon co 11111en cement or co mpl etion of the Project or the !inane inq; an WHEitEAS, the Co pany has repeesen ted to the City that h Proj c will b eiqn d to quality • •p oj c • wi hin h ot a w th n th v lo c nd nd y conai era hat th Proj s he C l y n p 1 el p oy h1n t, it loca t inq con ic he C i y 1 n • • • - 3 WHEREAS, the City has considered the Canpany's proposal and has concluded that the economic and other benefits to the City will be substantial and that it wishes to proceed with the develoll!len t and financing of the Project. BE IT RESOLVID BY THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO: Sectioo 1. That in order to induce the Company to locate and construct the Project within the City, the City shall take steps to effect the issuance of ind.tstrial developnent revenue bonds in a maximum aggregate principal amount not to exceed S4,SOO,OOO, or such lesser amount as shall be mutually aqreed upon , to finance the Project. No costs are to be borne by the City in co nnectioo with this transactioo. ; Sec ion 2. That prior to execution of the necessary financing documents as shall be mutually agreed uJX)n in connec- tion with the financing of the Proj ct , such documents will b subject t o author iza t ioo and approv 1 hy the C ity Counc il our suan t to law • .:os...:e...:c...:t;.:;i.;:;.:....;;.J. Tha th Compan y h a agr d to pay or r im- he C ty for any and ll 1 gal t a an expe a in 1a tr tiv cos ft r to be ncurr tin ne nq, nd nd xpens h r to fore incurr by th City re t to h such ur a nd or h r - Ci y ia no con inq nc or c o ion o' h Pro - c o th tin ne n • • • - ( • • • 4 Section 4. Neither the Bonds, includinq interest and any premiums thereon, nor anythinq with respect to the industrial development bond project shall constitute a debt or indebted- ness of the City within the meaning of the Colorado Constitu- tion or statutes of the State of Colorado, nor qiv'! rise to a pecuniary liability of the City nor charge aqainst its qeneral credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing plan of the canpany. Sectim 5. That all co11111itments by the City herein are subject to the condition that on or before fifteen (15) months from the date of final adoptim hereof, the City and the Com- pany shall have aqreed to llll.ltually acceptable terms for the bonds and for the sale and delivery thereof, unle11s an exten- sion is IIIU tually aqreed upon. Sectim 6. That this Resolutim, s adopted by the City Council, s"' 11 be nunt>ered and recorded in the official records of the City. ADOPTED AN D APPROVED h 5th d y of July , 1 98 3. A t a h or No. __ _ surer L. Otl.a, M yor 4 • • • • • • Notice of Public Hearing Concerning Bonds to Finance a Project for Safeway Stores, Incorporated Notice is hereby given that the City Council of the City o f Eng lewood, Colorado (the "City") will conduct a public hear- ing on concerning the approval of the issuance of industrial development bonus by the City for the purpose of acquiring and constructing a retail grocery store for Safeway Stores Incorporated, and related real and personal property, which will be located within the City. The bonds will not constitute a debt of the City but will be payable solely from amounts required to be paid by Safeway Stores, Incorporated to the City under the plan of financing. All interested parties are invited to present comments at the public hearing regarding the bond issuance and the pro j ect being financed thereby. The public hearing will be held on =c7i~ty---.----------------, at located within the -• • - George K. Baum &. Company lNVESTME:ST BANKERS MEM•c.-. OP' NI:W YOIItK &TOCft EXCHANGE , IHC. MIOWI:ST •TOCK C:XCHANQI: SUITE 2800 4521 SE:V£NT£ENTH STREET DENVER , COLORADO 80283 TlLI: .. HONI: 13031 aeJ•J.J.JI I.JO.JI a7a-aat& Members of the City Council City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Councilmembers & Staff: We would appreciate your consideration of the enclosed application for industrial development bond financing of a new grocery supermarket of approximately 47,000 square feet. The store will be located on the Northwest corner of East Hampden Bypass and Logan Street. The facility will be owned and operated by Safeway Stores, Incorporat- ed as a modern and expanded replacement of its current grocery store. The enclosed application outlines many of the benefits to be derived in the community by this larger and more contemporary retail facility. We will be available to the Council or Staff to answer any additional questions regarding the propo s ed project o r financing plan . We appreciat your consideration o f our application . ~E~fcit~~liy D ~;~~~ES Vic Pr sid nt Inv stm nt Banking DFJ/rm Enclosur (1) • I . • • ,. • APPLICATION for INDUSTRIAL REVENUE BONDS 1) The benefits derived from the new facility are summarized in the following presentation: New Facility Current Store % Increase Employment: 130 70 85 % Wages: $1,668,000/yr. $1,104,000/yr. 51% Taxes: Real Estate $ 25,000/yr. $ 14,363 74% Personal Prop. $ 15,000/yr. $ 3,893/yr. 285% Sales Tax * $ 300,000 $ 183,065 64 % *(City's Portion) $ 126,760 $ 67,930 87 % 2) Presently, the difference between conventional financing and industrial bonds is approximately 2% per year, or approximately $1,800,000 over the estimated life of the bond issue. Revenue bond financing is believed important in keeping the over- all costs of the new project in line. 3) Other financing alternatives coupled with the rela- tive costs of land acquisition, site preparation etc. for this project could cause, at best, a significant delay in the project commencement and completion. 4) The facility will be located within Englewood city limits. The City approv s the proj ct in terms of zoning plans, on-sit and off-sit improvements, permits, etc. Ther fore, it was f lt th City would b the proper issu r of the bonds. 5) The Company a~r es to submit to the City its plan for th us o bond proceeds. Currently th sti- m t d us is g n rally: Build in Cons ruction & Sit Work $4,100,000 C pit liz d Int r st (during const.) 100,000 Mi c. F s & Cost of Is u nc , tc. 300,000 §4.500,000 6) • , • • • - Application for Industrial Revenue Bonds (continued) Page Two throughout the life of the bond issue. 7) thru 11) The Company has employed Kutak Rock & Huie (Denver) 12) 13) 14) 15) as bond counsel, George K. Baum & Company (Denv er) as its investment banker, and instructed them to work under the direction of the City's Staff, financial advisor and City Attorney in preparing the application, resolutions, documents, proceedings and other agreements incident to the financing. The Company agrees to provide the City, as requested, its financial data and plans. All costs, fees and expenses related to the issuance of the bonds will be paid by the Company . The Company recognizes the City is not required to issue the bonds, and that the decis~on to proce e d with bond issuance is to be based, in their judge- ment, on the merits of the project within the over- all development plans of the City and its overall benef its to the community. The "financial criteria" outlined in the City's "Guidelines" adopted November 3, 1980 are more fully demon strated in responding to question #19 of this application. Currently, the Company's debt is rated "A" by Standard & Poor's, and "A -3" by Moody's Investors Service. 16) Th proposed facility is not in conflict with th City's Compreh nsive Plan:-- 17) 18} Th propos d proj ct will utilize nearly 4 acr s of prop rty located within the City of Englewood. The sit is h Northwest corn r of E st Hampden Bypass (Hi hway 285> nd Logan Str t. Th Saf way stor will b approximately 47,000 aquar f , wi h a parkin lot c pabl of accommodating 233 au o- mobil s. Th proj ct fits th curr nt zoning cla sific ion for h prop r y. \ I • • • • .. Application for Industrial Revenue Bonds (continued) Page Three 19) a) Safeway Stores, Incorporated was incorporated in Maryland in 1926. As of January 1, 1983, the Company operated a total of 2,454 retail stores, including 2,298 superm~rkets, 81 discount food stores and 67 discount liquor stores. The stores were located as follows: 1,919 in the United States, 294 in Canada, 98 in the United Kingdom, 115 in Australia and 28 in West Germany. In the United States, 1,690 stores were in 22 of the 24- states west of the Mississippi River, including 763 in the Pacific region, and 229 stores were in the Mid-Atlantic region. Approximately two- thirds of the 294 stores located in Canada are located in the two western-most Provinces. The Company operates extensive distribution, manufacturing and processing facilities in support of its retail operations. The distribu- tion facilities include a complex of 29 distribution-warehousing centers, 29 freestanding warehouses and a fleet ·of approximately 2,500 tractor-trailer combinations plus 2,600 addition- al trailers and 250 other vehicles, all of which generally are serviced and maintained at Company facilities. The Company operates 105 manufactur- ing and processing facilities, including 21 fluid milk plants, 18 bakeries, 17 ic cr am plants, 9 produce prepackaging plants, 5 soft drink bottling plants, 5 egg candling plants, 4 fruit and vegetabl proc ssing plants, 3 meat process- ing plants, 3 fr sh beef fab ricating plants , 3 coffe and tea plants, 3 dressings and salad oil plants, 2 jam and j lly plants, 2 household chemical plants, n dible oil refinery, a dry pe food plant nd a spic plant. Approximately 12.6% of the Company's mploy s ar ngag din proc ssing nd distribution. b) Th Comp ny'a 1982 Annual R por it nclos d with his applic tion. I • • Application for Industrial Revenue Bonds (continued) Page Four • • • A five year summary of the operation is found on page 18 of the Annual Report. The Balance Sheet comparison for the last three fiscal years begins on page 22. The Company's long term debt is currently rated "A" by Standard & Poor's and "A-3" by Moody's Investors Serv~ce. c) Litigation pending against the Company is addressed in "Note L" (p. 28) of the enclosed Annual Report. d) The industrial bond financing requested for this project represents approximately 751 of the total project cost. The amount of capitalized interest contemplated in the bond issue is less than 18 months. 20) The following is a list of establishments within the City limits that directly compete with the Company: The coapeting establishment in the immediate trade area that ca.petes directly is a King Sooper store at Federal & Belleview (approx. 2 •ilea away), and an Albertaons store, which is located at Broadway & Belleview (approx. 1~ miles). 21) The Company agrees to indemnify th~ City, relative to the proposed bond issue, against all lawsuits or costs if th issue does not proceed or is abandoned. 22) The Company agrees to pay to the City an Issuers Fee of \ of 1% of the par amount of bonds issued at th closing of th bond issue. I . - . .. f j • • • A PRESENTATION PREPARED for THE CITY of ENGLEWOOD, COLORADO to CONSIDER INDUSTRIAL DEVELOPMENT BOND FINANCING for CONSTRUCTION of A 47,000 SQUARE FOOT SAFEWAY STORE • I . . • • • • TABLE OF CONTENTS THE CITY OF ENGLEWOOD, COLORADO Introduction.......................................... 1 Economic Impact....................................... 3 The Project........................................... 4 Estimated Cost of the Project ......................... 4 Job Impact............................................ 4 Tax Impact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Completion Date....................................... 5 ENCLOSURE: Safeway Stores, Incorporated Financial Statements Inducement Resolution • , I • • • • - INTRODUCTION The location of a major Supermarket in a community results in the creation of multiple benefits for that community. Some of the more obvious benefits include the following : 1. A SUPERMARKET, BY DEFINITION, IS JOB INTENSIVE. For example, the herein proposed Project will secure the hiring of some 130 persons at an annual payroll esti- mated to be $1,700,000. 2. THE SALES TAX REVENUE IS SUBSTANTIAL. The direct annual impact based on conservative sales estimates, will exceed $300,000 annually. The sales tax revenue is all the more vital in the present economic environ- ment because its escalating nature provides a real hedge against inflation. 3. THE REAL ESTATE & PERSONAL PROPERTY TAX IMPACT IS SIGNIFICANT. Real Estate Tax revenue& generated by the Project will exceed $25,000 annually. Personal property tax payments would be approximately $15,000 each year. 4. LOCAL CONTRACTORS AND SUB-CONTRACTORS WILL BE PUT TO WORK. One of the most seriously affected industries in this time of inflation and recession has been the contracting industry. A development of this nature will literally create job opportunities for local individuals involved in those industries. 5. LOCAL BANKS will benefit as depositories for the Supermarket receipts. 6. CONSUMERS will be better served by a modern and larger Supermarket. Many people who hav been shop - ping for groceries outside the City may be attracted to s pend their grocery dollar s in a more modern fac i l ity . Onc e in the area t hey will s pend mor e with o t h er r etailers i n Eng lewood as well. A project such a t h is ere tes a rip ple effect t h roughout t h conomic atr am in any given community. For x mpl , in t h cas of this propos d facility, th r are g n ral ar s in which probabl b n fits will inur to th c omm un ity. B n efit t h ar , such fo rm of b a nk in • I • • • • • • receipts; additionally, banks and similar institutions will benefit by way of increased savings accounts, check- ing accounts, etc. from these additional employees . Existing retail establishments will benefit through increased consumer traffic resulting from retail sales previously lost to other communities. A further benefit to the community is that a revenue bond issue, such as this, usually replaces on the tax rolls a property which had produced less tax revenues, with a property generating greatly increased real estate revenues. It is important to remember that the assessed valuation within the community is affected and, thus, brings benefits by way of increasing the valuation upon which the community's general obligation debt is rated. In other words, chances of increasing the rating on the community's own bond indebtedness rises as non-real estate properties are added to the tax rolls . -2- • I • • - I · .. • • • • ECONOMIC IMPACT The legality of such bond issuance is, in the opinion of Bond Counsel, clear, and found in legislative enactment of the State of Colorado. By asking the City to issue development revenue bonds, we are not asking the City to incur any expenses or any liability. The City incurs no legal liability by authorizing the issuance of develop- ment revenue bonds. The purchasers of the bonds have legal recourse, in the case of default, only to the own- ers of the project, and the sites and buildings thereon. The issuance of development revenue bonds does not create a tax break to Safeway now or in the future. Tne- interest on the bonds is tax free to the purchaser of the bonds, and it is only in that sense that there is a tax advantage involved. The concept of revenue bond issuance is to stimulate economic growth in a community, provide jobs and general- ly broaden a community's economic base. All of these purposes are clearly and effectively served by the herein proposed project. 1. 130 jobs with a payroll of approximately $1,700,000. During the life of the bonds (20 years), the total impact will be ........ $34,000,000 2 . Real estate taxes approximated at $25,000 per year; for the 20 year period of the bond issue, could result in . . . . . . . . . . . . $ 3·. Sales tax estimate ($300, 000 in 1st year, increasing 10% each year for 20 years' life 500,000 of bonds).... . . . . . . . . . . . . . . . $17,182,500 The total economic benefit of this project results in the generation to the City of Englewood . . . . . . . . . . . . . . . . . . . . $51,682,500 -3- • I • • I • • • • THE PROJECT The project will utilize nearly 4 acres of property located within the City of Englewood. The site is the Northwest corner of East Hampden Bypass (Highway 285) and Logan Street. The Safeway store will be approximately 47,000 square feet, with a parking lot capable of accom- modating 233 automobiles. ESTIMATED COST OF THE PROJECT The estimated costs are as follows: Building construction & site work $4,100,000 Capitalized Interest (during construction). $ 100,000 Miscellaneous Expenses (i.e. storm drainage expense, architect & engineering fees, legal fees, bond issuance. expense, bond discount, etc.). . . . . $ 300,000 TOTAL $4,500,000 Costs are estimated based on similar projects. Exact costs would be determined prior to closing and would be documented, but are not expected to exceed $4,500,000. JOB IMPACT It is projected that the Project will employ approximate - ly 130 people at an annual payroll of approximately $1,700,000. -4- • I . - • • • • TAX IMPACT It is projected that, upon completion of the Project, local governmental bodies would annually benefit from the following: Sales Tax . $ Real Estate Tax $ Personal Property Tax $ 300,000 25,000 151000 TOTAL $ 3401000 COMPLETION DATE The completion date of the Project is projected for late suaaer of 1984 . ·S- • • Message to Stockholders Safeway made excellent progress in 1982. achie\'ing record re,ults despite a trou bl ed economy and intense com petiti\'e pressures. We are es pecially pl eased "ith this s trong perfonnance beca use. to a large extent. It reflects the ·ucce sofa co ncerted effort to impro\'e o ur sa les po s it wn and ensure sion. S till. we arc e nco uraged by th e con tinu a ti on of real ~ale~ gnl\1 th. particularly 111 ou r l '.S. opermions where "e h;n c "or ked hard 111 build and ~u~tain mcrea,ed \olume . llunng 1982, both tonnage and cu,tomer trans . act10n~ \\tort~ up m contm · tnng 'tort',. The real sale> mcrease co ntributed ~ign ifi antly to lht• n•surgt•n e 111 ean11ngs gro\1 lh. '"did a numbt•I of oth t•I ladoh. Some of tht• l<tttt•r \\ t'fl' om• tmw onlr • • • ship . we ha ve negotiated wage rates that more acc u· rate ly reflect prevailing economic conditions and pay o.:cales. an d ha•e remm·ed or mo<hfied restricti\'e language m many of our labor con tracts: • !\1ad e ou r o perations more effi cie nt and improved pro· ductivity throughout the com pany. Over the pa s t two yea rs we have reduced our meat prefabricating plants from II to three. discontinu ed several produce prepackaging operations. consolid ated one divi sion 's account ing fun tion "ith another's. com bined production oft wn bi scui t plant. mto one faCJht y. and ~>tream hned ( ur non ·store "orkforce b~ more than 3.000 ptNllom;; • Reali zed ~Igmficant sa1·ing from advanct'd technology. As of year end 19 2 apprm.i matt'ly 915 ~tore~" er eqUipped "Ilh compu ter assistt>d ptl\\ er management systems to monllor and control ton rgy use . We insta ll ed another 141 check stand ·ann mg systems last ~ear and e \pect to ha1 e a total of 5 ()() sto re~" nh th m by th t•nd of 198:l; • Exe rci't'd considerabl v llghtt·r cnn tn>lm er e xp;:n ses . \\.t ha\l' don a betteqob o nMn. gm mH'ntfln and eash, pun:h. mg mt:r h:m chse .md uppht '· ~>per;nm "·IH·huu't' .md lrUt:ks, cun ll<>lln • lar~ t· po. n t• and •• nd ·ut t• t . nd. dmm" <'llllllm and data pr• ~ • 11 t·r\lu· . '~• 1 rm nil\ IH' h It hit'\< d • mo~r , tl I • • - • The bold lettering that spells out Safeway's mission on the opposite page symbolize the boldness of spirit with which we fa ce the future. We cannot know or control the future, but we can plan , prepare and manage for th e chall enges and opportunities it wi ll bring. Our strategic management process was developed with that in mind . Through rigorou s s elf-examination we have analyzed our s trength s and weaknesses and defined ourselves in relati on to customers, employees, s tock- holders and our best competi- tors. Having articulated our mi ion-where we want to go-we are mapping out route to take u s there . Strategic management is not an end in itself; it is merely a means whereby event in an ever-changing environment can be put into context and evaluated in way that lead to the mo t effective course of action. Our mi ion lie at the h art of th i process. It m rpo te fiv elem nt~: 2 ·To be agrowi11gc om pan y. Growth comes from sell ing mo re to ex is ting customers, attracting and keeping new ones, and expanding o perations. · To be a profitable company. Profitabilit y fuel s growth an d reflects how well we meet our customers' needs. • Tobeaworld -widecom - pany. Bey ond the obvi ou s benefits of increased sale s and earnings fr om foreign operations, a multinational presence minimizes th e im pact of economic down - turns in any one co untry. · To be a retailer of groceries . rood is the primary reason ho ppers go to upermarkets; groceries are our ba ic strength . We will reinforce it with improved presentation, greater selection and more ag- gressive merchandising. · To be a retailer of related consumer goods and sero ices. Consumers like the con- venience of on -stop hopping , so we will actively promote related good and ervice th at contri bute to growth and pr fitability. To Operate at the Lowe t Cost 6 To Be lnnovallv , ggr s1ve and Produ tiv e To ura t , Oev lop and R - w rd Qualit y l'eupl 10 • • • To fulfill this mission, we have adopted s ix major objectives, broad in sco pe but specific in purpose. As tangible statements of prin - ciple, they represe nt what afeway s tands for and the higher ideals we see k. In the foll owing pages, you will see that the obj ectives for11 s on people : satisfied customers, d e di ca t ed e mpl oyees, discerning stock · holders. Our objectives are a lso results-o riented , aimed at achi eving excell ence and ustaining a competitive advantage. They are : To ettrKt ellll retein customers by -ting their needs with qulity, strYice end welue . Using creative market re · search to identify consumer preferences-and foll owing up quick ly with a com peti· tively su peri or combination of quality and service-will bring hoppers in today and keep them coming back tomorrow. To o,erltl et tiM fewest coat -liltMt widi ........ IIUIIty .......... On ly by trimming every unn e sary ex pen can w To Return Valu to tockholders 12 To Forge a Partnership mung II Employ 14 The Wor ld of af way 16 1M2 17. 32. 21 I, 9 , • give c ustomers the merchan - dise and services th ey want at prices they lik e. To be innovetin , •11ressin end productive in the operetion of our business . Safe way is ex pl ori ng new ideas a nd emerging tech · nology to s upport growth. en hance producti vi ty and cement it s innovative lead e r - ship position in th e industry. To ettrKt, develop ellll reward qullty peGtlle to operete Ollr -fiiiiY· Bright, friendl y and effective employees, well -trained and highly motivated, hold th key to afeway 's s uccess. To m.. , .... to stocklloiMrs tllfOIIIII reel eernillp growth ...t 1 1tn1111 fiNKIII positloll . Safeway's own rs have the right to ex pect good results. We in tum are obliged to protect their investment and enhance its value. To ltlfll I pertllerlllip e-. 111 .....,_s to s11stlill tiM 1rowt11 .... wtt.tlty of 0111 _,..,_ Pride , unity and coop rati on -th hared value of 156,000 feway employee -will shape th com pany ' de tiny. Fmanaal Review 19 'ew Direction m D ign 32 Man g ~ on th 1ov 33 [)Jr or. and Offi eN 35 I • • • - TO ATTRACT AND RETAIN CUSTOMERS BY MEETING THEIR NEEDS WITH UA ITY, I The key to success in our busi - ness is disarmingly simple : To grow and prosper as a company we must attract more customers into our stores and convince them to remain Sefewey shop - pers . And this means edhering closely to enother fundallltlntel prece pt of retailing : Give cus - tomers whet they went . Lik e mos t axiom>. the'e are simpl e in th eory but someume& complex m E' t't'U tum . Todav\ con;unwr' are too d1ver~>e , tm di-.crlml natmg and t<Xl demandmg to fit a "ngle pattern . The ta>-k of saw,fymg the1r need-. ma~ be an elementary ont', but It poses our greate't challenge Although .hoppt'r prefer t:nces var} from ont' tradrng art• a t11 another. "e b lrev t' Yoe can at tarn a compe!IUI e advantage where1 er "e operate by achrevmg excel lence m three categone'o Thesr are qualrty, 'ot'n tee and l'a lue -up!'nor qulllr/1 rn our product-, fauhue . ;mel people . fa-.t , fnt•ndh 1 n ru throughout our 'Ifill''· and !(<NKlr llilll m the qualrtv 't'f\ rn'"prrn• rombmauon Yot' offtr .\t tht olllll tllllt 0 Yot Yo til channd tnort'l1l'<llll ,. ·ntll(l mto our rnarkt•t ,,.,,.,Jll h :Ktl\ I !It·, \\',, mtt·nd tu l>t· pm.11.111 t r.nht·r th.m '' 111 ,., to 1denul t·nu·r 111 ,.,,,_u nlt'r mtt·r, ,t, ,., rlit·t o " ~~~~~ ''l!'' ~ tht·m ••llt·r. lft-n• t·~•. our obJt•t'UI t'l till ph . Tht• tort• Yot•build ,;t Y.tll a tht ft·<~turt• ;tnd tr nh n dt t' "' llUinltht·rn . huuld r,·Ot t "h.u cu,tum ·r v..mr tu bu1 r.tlht·r lhiin Y.h 1 , lltllll til . I ptlt t ·tr dilft·rtnt also left the Memphis and southwest Missouri markets. These facilities were sold a t a profit, with the fund s reinvested in mo re promising o ppo nunities. For example , during 1982 we bought 35 stores from o thers , opened a new milk plant in Houston , and made s ubstantial progress in the deve lujJJJJent of our Ltquor Barns. The Liquor Barn s represent a good example of the kind o f commitment we ar able to make to a new venture once we are con· vinced 11 will succeed . From a sta rt o f one s tore in 1979, we progre~sed to 67 by th e end of 1982 and will add ~eve ral more thi s year. We are also committed to wo rk cooperatively with grower and s upplier in th e bes t interes t s o f con · umers. Ever s ince 'afewa y initiated the firs t Farn1er Consumer campaign in th l . S. half a century ago. we have tood ready to promote cons umptio n o f agricultural product when ~urplu~ harvest~ o r o ther nmdllum. thr aten gr o wer" with rurnuu~ lo. s s 'uch wa s th e case la s t fall when Cahfomm\ beleaguered rat in rndu,try was in danger of los rng ex port bu>me s to fo retgn grower- wh o re i y on government su bs tdr •. We commlltt•d to double our rat s in purcha es mer what we bough tm 19 I. ;rnd cnnducted a m JOr pru- nmtron rnfom1rng consunwr' of th frurt '. \t'r-.ahluy and IIUlntJioll<il \ IUt' \' utntrun I 1 ftgun prt>llllnt nth tn anothtr l'lllllJWII\ P" rn curn·ntl u ndt·r "'''· ;\ ru~t'tl tllt·t llllhl rt•P,tl1 , l'lllhUil l'l h, H·l><· ornt m :n·• rn I) tllll'll''tt·d m ••>d ht lth nd olrt' t·h.Hl Ill thttr I, lnl l!itlll ; utdtr 11 'lu Jlllt 1111'111 tlw dtt loll\ tnfurmatton tht d1 ell tubutt-d thruu •h out tun nd <•11 t.eb.l ol .eft w, 1 llr nd t 1 "·nth l.tlll hl'd a IUIIt l •nal nutnltun ol tllt lllco I llll J) ltl fi ll( I 1 uur, >fl '' h • • • we did 1982-with cautious o ptimi s m that we ca n con . tinu e t!\ bUtld on th e progress we have made in o ur o pera· li o ns over the pa s t two yea rs . In 1983, there are a number o f factors which we think will benefit the indu stry as a whole . The e are: ·A continued low rate of food priu • inflation . High mtlation hurts consumption and causes our costs to rise . The resulting cost ·price squeeze hurts everyone. ·A slowa inrrease inlobor custs. The industry ha s been s uccessful in keeping wage and benefi t costs in line. and ha s made co nsiderable is over-capacity. A mo re realistic government attitude to ward acquisitions ha s en- abled the indu s try to consider them as an alternative to expanding solely through new s tore devel o pment. This improved environment is expected to co ntinue in th e immediate futurf', lind if it does, it s ho uld allow popula · li on gro wth to more cl osely approximate square footage added than ha s been the case in the la s t several years. All of these fact o rs will help 'afeway. perha ps even more than our compe titor ~. For example : • A s the most heav tl y umon . ized com pan y m the indu try, we ·tand to bene fit proportiOna ll y more from nH>derati o n in wage and benefit d ema nd s . • As the o perator of the world's large t pnvate trucking fleet , we , tand to gam more th an o th er from recently enacted federallegtslatton permtttmg back haul s, longer trailer and heavter pa yloa d s . • \Vith 11 1 er :>()() uperstore nnw • nd mor on th wa y, we ar ready for toda •'. us torn " nd prepared for tomorrow 's -pant ularly w nrkrn women With more and more peupl mm mg to the ,· lUth nd lh W ~•. w wtll tnlh< t·n th m led \\(• h \ \1t• J(o, \\ on tht n u tit g <•ppur IUntllt· unfoldtn dr lit I , • • • • IDOPERATE AT THE LOWEST COST CONSISTENT WITH PROVIDING QUAUTY AND VA Safeway does not want to be in the mold that generally characterizes large , mature organizations . We will not accept the status quo and are encouraging our people to ask "why?" -to develop a "creative dissatisfaction" with institu - tionalized procedures that have outlived their usefulness . ThP com pam 1' \,•;rner and ... trnng-er for th\1 e\penence. We ,1111 haq•n't found alltht• an~,,, t•r .... but '' e kno\\ \\ t' arl' ht•adt>d rn tht> n~otht dlfPl'liOll \\ith <l)otl(fl'"l\ l' co-t rullrllj.! poliut'' and '' rt'amhnt.~d nJWtatlnn .... '' t.• art> ··lnnmatm).( rr.l'llin•·no•·, .md m1prn1 111).( ..tt...tr1 •·n•·" "hill' fmdm ",1\' to ,,.r 1 ,. t•urru ... tnmu ... bt"tlt:l Our ~ottlh Itt lUll ''ut "l>t'l,llrnn' .rttht•r 'I Ill pl. I ·-t \, tht> hu-rnt'" t'lll nnn mt-·nt thangt''· ... , • mu .. t tht ''a\ \\t' du hU...,Int.1 ""' \\,_. l<lllllOt .rflnr d to t't h< •J.!I(t•d dm1 n rn old habll' "ht·n expectations, shopper still list many of the same criteria when asked to give their reasons for choo ing a super- market. Those mentioned most frequently are: • Quality of perishabks (fresh- nes , appearance, taste); • Convenience Oocation, hours, specialty departments and ervices, range of mer - chandise, access to • • - su permarkets is the perish - a ble operation. Produce tops the list, foll owed closely by meat. Becau se the presen- tation and selection of pensh - ables vary co nsiderably from one retailer to another, th ese departments provide good opportunities to differentiate our stores frnm our mmpPtitn"'' In produce -which shop - pers have "rediscovered" for .... its freshness, nutritional value and low cost-we are pressing for improved quality and a wider range of items and sizes. At the meat counter, we are displaying more of the leane r beef cuts today' health • good mix of nationally adver- tised brands and private - label products. too . We intend to maintain a proper balance of both. Two other items on con- s umers' "shopp ing li sts" are rea sonable prices and good service . With pricing , our objective i-to be competi tive with other stores offering comparable value on products and services of similar quality . With service, o ur intention is to be competitive in this as well ; we want our cus- tomers to count on afeway for consistently fast. friendly and reliable service. And finally, consumers want to shop in pleasant su r- roundings . They expect a s upermarket to be attractively de ign d , well-organized and -above all-clean . The store must be convenient to their homes or commute route • too . with ea y access and ample parking. Here again . we will continue to dehver. m umer are the focal potnt of all we do . When they ~peak, we li ten -a11d re pond . .. I . ;~~:~~.~:~~·:.~·:·,::t-.. :·;;~.~~·:.~."·'·· lO BE l;m ,h.,uld lw lm\l't la ndt·d 01'-.t:-.nJ} tllllt'h uf tht•111 t:l rhandt,<· \It' hu<. "ll ackh;ntl<. """'"' t · tlw .~:~;.i.~:;:;::~;;,·~~~·/,~:(;;~~.'~~)\~ll~~nn ·l NNO~~liVE pa~ ... age of till' Tran-..pnJtatum .\ct o f I!J:-10 . , .. ht rh dftr "' .. h dt•t t·gulatt·d tlw trurk'."l: f mdu-..try. gnH.·<·r' m;mufac ~ti;'~:~·~::~.;~:;:~:~~:~~~~~~~~~~~~~;.,nt AGGRESSIVE u ..... pickup al lo\\f l!ln•-.. '' hl'll "t' r;ll-r<· p1 odurt> frn m th,•lf dl'J>41{ ... {Ill)\)! \\illl'hllll ... ('"' ~aft•\\a<·trllt:hth;tt\\ott ld AND ntht..•n' f'-lt} r(•turn from .... tnlt' delt\l'lll'' t•mpl\ no\\ bnng hack nwtcha. nclt-•· at I'"' l't deln <'It'd c"''' \\t• \\Ill \l~l>li>lhlv Pllhlll :~~';:.~~:::~.~~.·.;~:~:·.'./,·,':~·.·.~~::';,t~:::. PRODUCTIVE 1-.\t·nthtn• \It dot~> nil t'lt'l' \\llfunll \\t olht·IJIII)! Uli J cotnttllll t·llt t ' '1\t CU,Io11 t'l 't·f\ h. t '. qu.dlt\ dWI ·~·11•11 1Hit 1 \,thll ••• -ttHt'llltutht IN THE OPERATION OF OUR BUSIN ·. l '• - e liminate unnecessary ex- pe nses; we mu I continually seek ne w a nd inn ovati ve ways of proc uring, tra ns port - mg a nd marketing th e m illi ons of tons of p ro du ct s we ha ndle each year. Whil e e nco uraging c us tom e rs to loo k for qualit y. servi ce a nd valu e. we've tak en th a t ad vice to heart ourselves. Our own s m a rte r - ~h o pp i ng mea ns acttng qu tckl y on ven dor 'promo- tional off p, and cotNilt datmg purcha'>l'' of n•rt;nn t'QUtpment. 'upplte, and bes t se nse of wh e re cost s a vings a nd g reate r e ffi cie n - c ies can occ ur. Accordingl y. we a re de ve loping mo re wa ys to eli cit e mpl oyee id ea s-from all levels. in a ll pos iti ons. Evid e nce of th e progress we are making on thi s front is co ns idera ble . Through th e e xp ense-redu c- ti on pro gram in our pri vnt c la bel o pe ra ti on s a lone. • • • threshold of reaping huge be ne fit s fr om th e vast data th ey ge ne rat e . Th e g rea test pote nti a l of co mput e r- assis ted checkout systems li es in th e develo pmen t of more so phi s ti ca t ed me th od s of a pplying th a t data. La te in 198 2 we orga ni ze d a Scann er Ma rk e t Research G ro up to s pee d ana lys is of it e m rn ovt>me nt. Not onl y will thi improve our mer - cha ndi sin g stra tegi es. it will al so pro duce a dditi ona l revenue a s we sell va lua bl e ma rk et informati on to inte rested s uppli ers. Sa fe way i~ a mong 13 pil ot compani es involved in th e d e ,·e lopment of th e L.'ni/o rm Cumllllmica twll Sys tem t UCS l. a n e lect ro ni c mea ns of placing ord e rs with ve n - dors a nd rece tvi ng invOices. r'\o paperwork is p repared un ttl the tram.act 10n is com - • out employee' that au tomated 'Y'tems can expand horizons. ,implify \\ork . reduce bore - dom. create exct tt ng m•w caret!r opportuni t ies and he lp Safe" ay 'en e customers be t · ter at ill\\ er c< •St>. \\'e "ant to be on the leadmg ed ge becau'e ne " technology can gl\'e th e far-thin k ing reta tler a com petiti\t' ed ge. In some \\ ays. we have a built -tn ad,·antage . Our dts · t ribu tt on 'Y'tem. for example. mclude' 'omt> of tht> 111<"1 ad\ancrd \\3rl'hou"' 'toragr and tl't t'll'\ al '' 'lt'nb 111 tht' mdu,tn. and a Lrud. Ot•d '<'l 'nlld to nnlll'. Efftl'll'llt i l' -' • ties. To increase sales in thesr categmies and draw atten · tion to related offerings. we are encouraging the use of new themes and inml\'3!1\'E' merchandi ing techmques that put flair and excitement into our store .. Grocery shop· ping should be fun. and can be with creative promotions and appealing displays. To be of practical va lu e • - IDATTRACT, DEVELOP AND REWARD QUAUlY PEOPLEID OPERATE OUR COM~ Y • - In recent years Safeway has financial service s. We expect coma to be known as one of the approximately 250 automated industry 's leading innovators . teller machine tA TM I instal - We are pioneering concepts to -latiom, by year-end. day that may well become Beyond our l . . borders, retailing standards tomorrow. "e contmue to explore in nova - Our broad geographic tive approaches to further expanse enables us to test participation in foreign mar - creative new ideas in a vari -kets. In addition to our long- ely of social and economic established retail opera ti ons em·ironments. Ideas that work in Canada. Europe and Au;,- 111 o ne region and show tralia. we have a JOII1t venture --··-T""'· consumer interest -and con - siderable attention within the supermarket industry. \\'e are lt•aming mu h from these 'tores and are mcorporatmg thi' knowledge mto ourcnmen ttonalmerchandt,mg plan,_ :tmtlarly, through our "arehouse-type fond stores. dtscount hquor outlets and in -·tore torttlla bakeries we have gamed valuable msights into spectahzed marketmg Y.htle expandmg our ;,ales ba . Ltquur Ham' ha\e been parucularl) -.u ces,fulm tht'-regard . thry are no'' our fa,te't groy,mg 'Peetalty 'to res. The 'ucce'' of Ltquor Ham' t) ptftt>' the aggre"l\ <'. actton -nnt>ntrd pt>rfor mane pte,·alent mtoda\ · ""fewa~. To general addt ttonal -.ale-."' th mark!'tplan• become mer a.,tngl eg mented . "' mu" find creau' Ill'"-' approach ., to u'toml'r -.atl' .. factton Tht 111\oh e-. an t'lement of rt'ok, not onh forth com pan\ but for · th• "'ho bnn td a ... for'\\ ard .md 'trugl(l to tum them tntnrtaltt\. With tht Liqu o Barn t·,J>t-nntt·nt. " g;l\ e our •1>1 \lnu. I 1 Jtunotn\ nd n ou r • d tht·n t lu t.t~t I h\ IJII U Il l n n to t lht t t pt \\ ttl~ IIlli Ut to rd t • TO RETURN VALUE TO STOCK- HOLDERS THROUGH REAL EARNINGS GROWTH AND A STRONG I CIA 0 ITIO The individuals l and institutions) who own some 26 million shares of Safeway common stock expect results . They expect short - term results to support dividends , and long -term results to protect their equity in the company. ~aft '\\ it \\., t·nt tn• ""tlillt'~tt motna ~t ·nwnt pn ~t't'"'"' " de ..... tgnt•d 111 p1 ndutt' 1 t•...,ult ..... I t! .. (ICII!ll)lll'lWil""l\t ''\"'lt'lll uf t.'~.tlllllllltg llllf'l'ht•..., ,lflcf tht• t'Tl \ ITOIIT, l'llh that .tfh·rt 11-. ••I rh \ dnptn r rq,fl...,, <llllnl} plan .... and llllH' tahlt.-.... n f unpkr·H·ntm~ thll .... t ' pl.m .... uut 11\t d'lJilll r tht•lf t·ftntt \t ·f'c ...... l"ht ft,lll t '\\oot h l011 lht' The employHs pictured in this repon ere 1mong the tens of thou11nds S1few1y h1s hired ower the ye1rs to help the com - peny grow 11111 prosper. They 1re people -bright , friendly 1nd effectin people-serving other people . Without them, S1few1y is little more thin bricks , mon1r 1nd inwentory. Simply attracting em - pl oyees is not d1fficult , espe- wi s h to join us. Beyo nd the usual qualifi ca ti ons required of applicants for jobs in the indu try. th e pros pecti ve Safeway em pl oyee must com - plete an inten s ive imerview process-and for some pos i- ti ons . a rigorous battery of test s. We tak e these ex tra teps for good rea son : The s uccess of our s tore s. warehouses • • - th e obj ective in fonmtion needed to fairl y eva lu a te can · did ates for promotion. In all of these activities. our comm it men t to equal op port unit y governs-not just because it 's requi red by law: not onl y because it represents good corporate ci ti zenship : an d not simply because we feel a moral res pons ibilit y to do so. We pracuce equal opportumt~ for sound bu~mess rea,.,ms . !firing and promotmg .,olely on th e basis of 1ndl\ 1dual ability, mittat1' e and demo n strated performance pro duces a stronge1. nwre effe ti"e workforce . It al-o em,ures maximum utthzatum of our richly di\l't'-1' IJI•il of human talent \\'hrn "!' creal!' competll1on for ad,·an ement by con-1denng I' I' t)' emplo}et•, "t' prnllllllt' better people not her goal of our J>t·r · '<mnel prat1t es h to enablt• emplo~ e ., to .,hart• m the .,uccess they make IJII'-~1ble . It hough wntr. ll pro' 1'-1on' and work rule-. '"mt·ttme' get 111 tht \\3\, o ur ult imah II • • - baseddatacollection;,ystem liD FORGE A to co nso lid ate and repm1 s tore deposit infonnation. Modern c.ash manage · ment practi.:es that tak e ~~~~~~~~~~~~~~~t·~~~~~~;~:d A~RJNERSHIP our funds work harder. reduce interest expense and increase investment o pportunit ie . With in terest rates at high level s . we AMONG ALL EMPLOYEES TO SUSTAIN "'""'""""""''"·''"" THE GROWTH ;:~:~!~:~~~p~l~~;~t~"~lthl-AND Vll~LITY dynam1c area Snmlarl\. 11e <lrl' kt•epllll( abr a,t uf t'lllt'l g1ng tt'Ch ~rl~l:~I~f:E~~~~~~J!~k~:tal OF OUR Of l'ttllr"'t', "hat \\t' ulu matd puHI un flll<llll"llll( ~~;~:nt.~~::~r;:~:~:::~;(:~~~ ·nt. COM AM Ill !Ulll,l b: -•·<11.11 •t·ll <•I llt'littllll.nX l ~.1ft·" a'·, 11 •uh ~>fl t·ntt d man.1 ••·nlt'm 11l.mnm • 111•• II' \\Ill I t)l \1 l•o.U t d ttll hun tt·nn .nn "lult mun ,l()un t tt'rlll p1u I Ill\- lltt.l tlllll n ult ,1 1 '" e \1 d tll.ll 1 pr• 1 1 1\ I at tUI II• kh• lit I I' I rt •nil -t• l.t • • ,. t n nth nut ltl \1 1 (ru n 1 II The yield on stockholders' investments also increased during 1982. Safeway's Board of Directors declared a quarterly dividend increase of five cents per share of common stock effective with the fourth quarter pay out. It brought the annual dividend rate to $2.80 per har . Improved performance on the market led the director . sales base. To achieve that goal in our exi ting s tores, we are implementing aggres· ive merchandising plans. In addition, we will continue to construct and remodel tores in areas offering the best potential return on investment <ROI ). Our !983 capital budget armarks some 500 million to build more than 120 tores and ex ten · • • • • close facilities when a candid appraisal reveals no signs of probable recovery. Thi was the case with our Omaha Division and stores in the Memphis area . The keys to avoiding the e situations are good operati on . equal co t bases with competitor and, at the bottom lint>, profit~ We cannot afford extended subsidies when divestiture ' I . ) .;. ~ .~ .;. -... ~ U S Reg1onal Manage r John Bell U S Reg•ona l Manage1 f ted f MacAt~~e U S Rag10nel Man1ge• Wilham H Malone, C1n1d1 A G Aoselmo " :J-0'" \ r ;-~ ._. ? . . . .,. t'~ ~~ ' . ' ... ""· . ~f '.I. I --~ " ''~•· 1982 1981• 1980•t 1979• 1978• Ea rnings : ~a l e:-; $17,632,821 $16,580,318 $15.102,673 $13 ,717 ,861 $12,550,569 )•,., n nt of annua l increase 6 .3% 9 .8% 10 .1% 9.3% 11.6% (o~t nf sal~~ 13 ,628,052 12,945 ,923 11,816,733 10,793,570 9,828,391 ( or<h~ profit 4,004,769 3 ,634,395 3 ,285,940 2,924 ,2 91 2,722,178 l't•lf'P nt of ~<l i P., 22.7% 21.9% 21.8% 21.3% 21.7% < lperatmg and admimstrativ e ex pen es 3,653,561 3,363,478 2,999,130 2,617 ,697 2,369,324 I 't·rcent of sale, 20.7% 20.3% 19 .9% 19 .1% 18.9% Operating profit 351,208 270,917 286,8 10 306,594 352,854 lntert•,t e xpense 129,484 120,393 99,6 14 9 ,276 74 ,110 Otht·r mcome-net (26 ,536 ) (15,822) ()6,486) ()3,865) (10,826) lnwnw ta:\e. 88,600 58,062 74,544 1,456 130 ,600 \et munne 159.660 $ 108,284 129,138 147.727 158,970 l't·rcl'nt of ~)e, .91% .65% .86% 1.08% Percent of averag stockh o lders' equity 14 .43% 10 .16% 12 .60% 15 57°~ I 't·1 ~hare of common tock 6.1 1 $ 4.15 $ 4 .94 5 .66 Ca~h d1v1dends per hare o f common Lock 2.65 2.60 2.60 2 .60 ht·rage 'hare of common tock o utstanding 26.130,608 26,115,917 26,115,917 26,113,7 5 Fine~~eial Sllltistics : \\'ork1ng capital 218,124 $ 112 ,919 114 .1 5 127 ,122 211 ,627 Currl'nt asset s per dollar of current liabilitie 1.16 1.08 1.10 1.12 1.22 \ddltum' w propert 5 11 ,917 518,330 493,005 435 ,92 303,100 I lt•prt>nation and amort 1zat 10n 242,371 226,001 204 ,469 180 , 96 162,885 Total '"'et' 3. 90,633 3 ,652,315 3.333,541 3.084.568 2,802,912 Long term debt 1,256.186 1.137.616 1,051,229 955.656 .734 Eqult\' of ommnn tockholder 1.137 .095 1,075.098 1.055,687 994 ,426 903,2 41 l't·r 'hart> o f com mon toc:k 43 .4 41.17 40.42 34 .61 l.•~h dl\ ldend-, o n common tock 69,22 67 ,900 67.900 67,900 59,981 Other Stetistics : l·•· 'I''"', . .,, <Jt .:nd of year 157,411 t• ,,. ••p•·•wd dunng year 159 ""'t •rt d•"t·d during ytar I ot,1l -ton•, at t·nd of) ear I 11 ,) t• '' l' an· a ;It 1 t•ar end I Lhou,and 'ft. I ,, t cl 'l~ ilnnud l l• per -,tor(' I u •·I )Hll't' ro~ngt' of common THE WOR LD OF SAFEWAY As of fiscal year -end , Safeway and its subsidiaries operated 2,454 stores in the United States . Canada , the United Kingdom , West Germany and Au stralia . During the year , we opened 153 new stores , incl ud ing 38 liquor Barns and two Bon Appet it stores . I! tht· I -.. :,,tl,·""' "Jit·J;tl t '' ... ,lilt"·• Ill .!7 l.ttt· ... .i!Hitht I ., ... t, h t•'t l oohllllllld \\ t II I '.\ t•ll I t'IH I ..,, I It'd II t!Jt J;t ... lt''l IJI(I\ 1•1 '"' I •It tl' l Httdd "'·"''\\,!\ I 11 1t·d to~ ... htTI tl.t Jt,tclll 'I• If d 11k1 11 ' , \\, ""'t' 11 fl" r t'.t l'f \11 'c ... l'r •'l'tt ' r tt , !l {I It ol't I I ftl lH d It uf l'l• \\If • Sefewey grew fr-••trepre - neuriel r-•-W. c.till• to foster tile pioMerilltl a,irit, so llldl pert of-lleritete. 11110111 011r 15&,000 eMpluyees . We want each of them to ask questions, make sugges· lion and exercise indepen · dent judgment to find more effective ways of serving customers, increasing sales and making profits. it holds great potential. When a company is small and just beginning to struggle for uccess, a sense of part · nership comes naturally. People talk to one another in straightforward. face -to · face encounters. The impact of each individual on thP group's performance is evi dent to a ll. Problems s urface quickly and are • • • It holds a team together. Late in 19 2. afeway re - organized it "people" operations-personnel. management development and training , industrial relation . and communica ti ons -under a single "human r _ource group" umbrella. Thi group 1 now concen - tratmg 11 coordinated effort on strengthening the Safeway understanding by solving problems. resolving conflicts. raising questions and finding answers. It al o grow as supervisors take the time . and de,·elop the trust nece sary, to explam to their people what the company i> tloing and where it is going. These forums. w1th fonnill 0 • In 1982 , the company replaced its domestic credit lines with revolving credit agreements and credit lines with "evergreen" features which continually extend the expiration of the lines to be 13 months in the future . The aggregate domestic credit lines at year·end 1982 were $435 million and these lines support the company's commercial paper borrowings. Commercial paper and bank borrowings outstanding averaged $289 million in 1982, $252 million in 1981 and $182 million in 1980. The average interest rate paid on consolidated short·terrn borrowings declined in 1982 to 12.9%, from 16.1% in 1981 and 13.3% in 1980. c-.. ...... Capital expenditures were $512 million in 1982, as compared with S518 million in 1981 and $493 million in 1980. These expenditures were mainly for new and remodeled store . New stores opened in 1982 numbered 153, including 38 new "Liquor Bam" stores and 8 new "Food Barn" discount food tores. Stores closed in 1982 were 176, including65 stores in the closed Omaha Div1sion . Total retail tore square footage increased to 66.8 million in 1982 from 65.5 million at year-end 1981, despite the number of closures. The mix of stores at year-end 1982, along with the av rag ize , was as follows : Conventional s;~permarket Superstores (over 35,000 sq . ft.) Food Bam Liquor Bam Other pecialty stores umber 1,769 529 I 67 Avg . Size q .Ft. 23,761 40,771 22,716 I ,7 46 14 .875 27,227 Fw th" 52 weeks ended January 1, 1983, the 52 weeks ended January 2, 1982, and the 53 weeks ended January 3 , 1981 'afeway Stores, In co rporated and Subsidiaries (thousands) Sal es Cost of sales Gros profit Operating and adminis trative expenses Operating profit Interest ex pense <Note Dl Other (income), net (Note El In come before prov ision for income taxes Provi ion for income taxes (Not e Fl lht--(pershare: $6.11, $4.15and S4 .94 ) Retained earnings at beginning of period Ca"h dividend on common tock t per hare: 2 .65, 2 .60 and 2.60) ddttlon re ultin from lock acqui ilion ............................ ~~l' accumpanymg note to consolidated financial statrmen 1M2 $17,632,821 13,628,052 4,004 ,769 3,653,561 351,208 129,484 126,536) 248,260 88.600 159,660 1,034,549 (69,228) $ 1,124 ,981 1981 $16,580,318 12,945,923 3,634,395 3,363,478 270,917 120,393 (15 ,822) 166,346 58,062 108,284 994,165 (67,900) 1980 $15,102.673 11 ,816,733 3,285,940 2,999,130 286,8 10 99,614 (16,486) 203,682 74 ,544 129,138 932,911 167,900) 16 994,165 For the 52 week ended January 1, 1983, the 52 weeks ended January 2, 1982, and the 53 weeks ended January 3, 1981 Safeway Store , In corporated and ub idiaries (thousands) --- Funds pnniiiH : 1H2 1981 1980 Net income $159.660 108,2 84 $129,138 Add charge (credits) to income not requiring funds : Depreciation anrl :.mnrtization 242,371 226 ,001 204,469 In crease in accrued claims and other liabilities 16,188 12 ,129 17 ,144 Increase (decrease ) in deferred income taxes 02,322) 3,573 739 Total fund s provided from operations 405,897 349,987 35 1,490 Additions to long -term debt 228,293 168,009 160,126 Retirements or sales of property 153,492 156,2 27 115 ,876 Exchange rate effects on p~rty and long-term debt 29,697 33,966 18.934) Total fund provided 817 ,3 79 708,189 618,558 F ...... : Addition to property 511,917 518.330 493,005 Payments on long -term debt 94 ,618 79,033 64,836 Ca h dividends on common stock 69,228 67,900 67 ,900 Cumu lative tran lation adju tments 29,628 20,973 I7J Addition to excess cost of investment in u bsidiaries over net a t at date of acqui ition 14 ,077 1,283 Oth r u , net 6,783 9,142 4,478 Total fund used 712,174 709,455 631,495 $105,205 !1,266) $( 12,937 ) \-<•i January I , 1983, January 2, 1982 and January 3, 1981 ".1ft wa y tore , Incorporated and Subsidiaries (thousands) Assets Curre nt asseh : ca,h Heceivables \lerchandisc invcntorie (Nvte Al: FlFOco t Le Ll FO reductions Prepaid ex pens s and other current assets Total current asset Otller ...... : LJ en . note.' receiva ble and investments Deferred mcorne tax charges Exce!> co t of tnve trnen t in subsidiaries over net asset at dat nf acqut Ilion, less amortization Total other a . t ,.,.,..,.,: Land Butldtng Lea~ hold 1mpro\·em nt Fi . ture. and equipment Tran-p. •rt equtpm nt Prop rt) under pttalleases l.t·'' accumulated d prec~ation and amortization Total prnpert . n t ••z $ 63,808 73.105 1,627 ,440 289,450 1,337,990 142,642 1,617,545 49,616 7,220 14,301 71,137 174.623 279,736 403,413 1,610,584 165,761 1.140,436 3,774,553 1,572,602 2,201.951 $3,890,633 1981 1980 $ 44,075 $ 115,758 72 ,1RO 56,633 1,496,775 1,269,560 276,339 256,093 1,220 ,436 1,013,467 128,984 83,809 1,465,675 1,269,667 40,814 31,775 16,234 2,859 57,048 34,634 159.113 138.201 232,139 176.631 375,407 363,143 1,497,632 1.336.333 155,189 161 ,763 1,187,204 1.217,075 3,606,684 3,393,146 1,477.092 1.363.906 2,129,592 2,029.240 $3,652,315 .541 Liabilities Hd Stockllolllera' E- Curre11t llellllties : Notes payable <Note G) Current obligations under capital leases Current maturities of notes and debentures Accounts payable Accrued salaries and wages Other accrued expenses Income taxe payable Total current lia bilities L.e.t-t.n. ... : Obligation under capital leases (Note HJ Notes and debentures <Note I) Total long -term debt Defemll--.... Aca11111 ................ c II .... I . I ' 1 <Note C, H, K,& LJ $ 1182 88,028 4S ,564 13 ,845 948,632 149,492 142,603 11,257 1,399,421 767,309 488,877 1,256,186 97,931 43, 64,573 196,042 ) 1,124 , 1 1,137.095 SJ. . 3 $ 1981 141.208 46,381 10.406 868.143 136.628 128,075 21,912 1,352,756 809,393 328,223 1,137,616 5,102 81 ,743 43 .527 63.436 166,414 1 1,0 ,54 1980 116.679 44.855 5.880 726 ,429 129 ,457 102 ,074 30,108 1,155 ,48 2 844 .011 207,218 1,051 ,229 1,529 69,614 ... ,_...,..,.: Net income per share is determined by dividing consolidated net income by the average number of common shares outstanding during the year . ... t , ... ,.._.....: Approximately 60% of consolidated merchandise inventories are valu ed on a last·in, first ·o ut (LIFO! basi s. lnvPntories not valued on a LIFO basis are valued at the lower of cost on a first·in , first·out (FIFO) basis or replacement market. ln ven · tories on a FIFO basis include meat and produce in the U.S. and all Canadian and overseas inventories. The charge to cost of sales from applying the LIFO method was $13,111,000 in 1982, $20,246,000 in 1981 and $45,467,000 in 1980.ln both 1982 and 1981, fourth ·quarter adjustments reduced the LIFO charges accumulated through the first 36 weeks of the year to reflect the actual impact of the LIFO method for the full year as determined at year·end. The adjustments increased fourth·quarter pre·tax earnings by $12,603,000 in 1982 and $12,154,000 in 1981. ~c.. .. ..__ ...... , ....... : The excess cost of investment in subsidiaries over net a sets at the date of acquisition is being amortized and charged against income on a straight -line basis over 20 years. ,......, .......... : Property is stated at historical cost. Depreciation is computed for financial reporting purposes on the straight -line method . The following are the principal rates of depreciation used during the year: Stores and other buildings 21,2 to 5% Fixtures and equipment 5 to~ Transport equipment 12 1,2 to 1~" Leuebold improvements include buildings con tructed on leased land and improvements to leased buildin . Buildin and ~improvements are amortized over the horter of the remaining period of the lea or the estimated u full if of the asset, while minor improvement are amortized over the aborter of the remaining period of the lea or IX years. Property under capital leases 1 amortized over the term f the ~ Aa:umulated amonization of property under capital leases was 1477.131,000, $476,455,000 and $463,5 ,000 at year-end 1982, 1981 and 1980, respectively. Depreciation and amortization expen for property of $241,264,000 in 1982, 225,196,000 in 1981 and 204 ,143,000 in 1980 included amortization of p perty und r cap1tall a ofS54,447,000, 55,424,000 and 55,443. , r pect1v I . ........... : i>rocefll from the sale of comm n k i ued und r pt1 n added to common t par value and th e 1 added to additional paid-in cap1tal . Furth nnor , any tax ben fit to the company reallU(I 1 r ult of t pbon x rei 1 ICided to edcbtiOnal paid · m p1tal . .... . On February 23,1 , th compan of common , ~ be buUOn tff«tJv March 31. 1 ~«t the phi . Note B-Chellg8in A-llthlg fDJ Foreip CllrriiiCJ Tr_,.tloa In 1982 , the company changed the method of accounting for translation of fore ign c urrenci es to conform with Statement of F in ancial Acco unting Standards No . 52 . Under this standard, mos t of the effects of exchange rate change related to net assets loca ted outside the United States, previously included in income, arc now record ed in stockholtlet s' equity. In audi - tion, certain balance s heet accounts, primarily inventories an d property, previ ous ly translated from foreign currencies in to U.S. dollars at hi s torical exchange rates, are now trans - lated at year-e nd rates. The consolidated financial s tatements and s ummaries were restated for pri or years to reflect the new accounting method . Net income decreased by $6,272,000 (24¢ per share) for 1981 and increased by $9,770,000 (37¢ per share) for 1980 as a result of there tatement. The cumulative effect of the change in accounting increased retained earnings by $27.260,000 at year-en d 1979. "Cumulative tran lati on adjus tments" in stockh olders' equity changed as follow as a result of translation adjustments (in thousands): Balance, year-end 1979 1980 adjustment Balance. year-end 1 0 1981 adju tment Balance, year~nd I 198 2 adju tment 45 ,44 ) 7 (45 ,441 ) (2 0,973) in a s umpti ons for determining the 1982 normal cost. The compa ny's fore ign retirement plan s and s uppl emental pension plan for seni or executives are not required to report to U.S. g ove rnmental agencies purs uant to the Employee Retirement Income Security Act. Accordingly, the actu arial present value of accum ulated plan benefits has not been dete r - mined for th ose plans. The net a ssets of foreign plans are s uf- fi cie nt to fund vested benefits. T h e com pan y ha s purchased cos t-recover y life in s urance to fund its obligati ons under the s upplemental pens ion plan for senior executives . Contributions charged to income for various pe ns ion pl ans under union contracts were $115,991 ,000 in 1982, $106,394,000 in 1981 and $99,131 ,000 in 1980. Under U.S. legisla tion regarding multi -e mpl oyer pension plan s, a com - pany is required to continue funding its proporti ona l share of a plan's unfunded vested benefits in the event of withdrawal (as defined by the legi s lati on) fr om a plan or plan terminati on . The com pany participates in a pproxima te ly 40 multi - em pl oye r pen s ion plans and the potential o bligation as a participant in these plans may be significant. However. the information required to determine the total amount of this con tingent o bligation, as well a the total amount of accumu lated benefits an d net as et of such plan s, is not readily available . Contribution charged to income for the company's U. and Canadian employee profit -s haring plan were 14 ,13 1, in 1982 ,$8 ,7 47,000 in 1981 a nd 11 ,775.000 in 19 0 . The company s t a ide $5,149,000 in 1982, 2,073,000 in 19 1 and 2,070.000 in 1980 for contri buti on to a .. employee lock own rship plan which wa made pos tbl by ddittonal mv tm nt tax credtt au thorized by tax I gi lation . ... D-...._ I...-. 71,2 27 ,17 37. 3 ,2 5 13 • 27 73.045 14, 57 40, 2 2 ,707 131 .391 73 ,057 10.431 24 ,201 1,7 . ,423 No te F-Taxes on In come l'ht• component s of the provision for income taxes included m t he consolidated s tatement of income were as foll ows (in tho usands): 1982 198 1 1980 Current provision : Federa l t benefit) $13,609 $( 10 ,886) $13,590 Fmeign 57,974 68,731 52,643 State 9,536 4,400 7,343 Tnta l c u rren t 8 l,ll 9 62.245 73 ,5 76 Defe rred provision : Federa l and s tate I charges) 7,445 479 (2,198 ) Foreign I charges) 36 (4.662 ) 3.166 Total deferre d (4 ,183) 968 58,062 $74,544 The foll owi ng repre e ntthe tax effects of the prin cipal item for which trea tment for fin a nc ial s tatement and income tax puq>oses differ, gi\'ing ri e to timing differences (in thousands): . \crelerated deprectation )~,, bendits acquired 1 hrough tax leases Accrued claims Capttaltzed lease~ Compen,att<lll plans l<t•patr' expenst• Ot ht't, net Tnt,tl h 1912 19 1 1980 6.139 2 1.610 18 .4 541 12,1291 13,9731 12,6451 13.0671 12 .7 17 110.2641 14 ,9 51 ( 1.0791 904 ( 1,4 761 9, 97 15,8421 !4, 7 ) 15291 2.257 63 reviewed by taxing jurisdictions. Substantially all deductions whi ch have been or may ultimately be disallowed will be carried forward as timing differences and claimed as deduc- ti on in future years. thereby having no s ignificant e ffect on reported earnings. The company's effective income tax rate a a percentage of pre·tax income varies from the U.S. statutory federal income tax rate as shown below : , .. 2 1981 19 0 Statutory federal income tax rate U.S. investment 46.0% 46 .0"{. 46.0"t tax credit (10.2) 00.5 ) 18 .6 ) Difference between s tatutory rate and foreign effective rates (2.2) tate taxes on in come, ( 1.7) (2.7) le federal benefit 1.8 1.4 1.9 Other, net 0 .3 <0 .3) Effective tax rate 35.7% 34 .9% 36.6% The U.S. investment tax credit amounted to $25,439,000 in 19 2, 17,426,000 in 1981 and 17,579,000 in 1980 . ...._ 8 Ll•nf Cr_.U .. IIIart-T-.. tswlap lp:pc"rnot h \ Nate H-LeeH Obligetians The company and its subsidiaries occupy primarily leased premises, which were covered by 3,495 leases at year-end 1982. Of these leases, 1,5 81 are considered capital under tatement of Financial Acco unting tandards No. 13 . The rema inder are o perating lease . Most leases have renewal o ptions with tenns and conditions s imilar to the original lea e. Of all the lease , 1,515 can be cance ll ed by the company by offer to pu rchase the properties at original cost less amortization, with purchase o bli gatory upon acceptance of the offer by the lessor. The company own s most of its fixtures a nd equipment. The foll owing is a schedule by years of future minimum rental payments required under capita l leases and under operating lea es that have initial or remaining noncancellable lease terms in exces of one year as of year-end 1982 (in thousands): 19 3 19 4 19 5 1986 19 7 Later years Total mmmlUm lea payments lttiiiJlllll nt ), lnt I $ 116 ,089 $ 11 5,571 113 ,472 113 ,376 110,278 109 ,025 107,112 103 ,008 104,084 99 ,249 1,09 ,8 16 1,112,946 1,649 ,85 1 $1 ,653.175 20,047 1,629.804 816,931 12, 73 45 ,564 L Nate 1-Nates IIIII 11e11etmua otes and debentures at year-end 1982 consisted of (in th o usands ): O.After c- O.Yur Meterlties Mortgage notes payable, secured $153,194 $10 ,495 7.40% sinking fund debentures, unsecured , due in installments through 1997 41,230 Commercial paper 200,000 Industrial development revenue bonds 20 ,122 Other notes pay a ble , unsecured 74,331 3,350 Total $488,877 13,845 The mortgage notes paya ble are secured by properties which are included in the balance sheet at their net book value of $146,482 ,000. Mortgage notes have remaining tenns ranging from 2 to 25 years and bear interest at 5% to 16"1.. The 7.40% debentures require an annual sinking fund pay - ment of $3,250 ,000. The company has repurchased debenture which cover $7 ,520,000 of future sinking fund requirement remaining at year-end 1982 . Under the agreement covering the 7.40% debenture , $621,880,000 of the retained arning a of year-end 19 2 were free of re trictions for dividend payments and acqu1 itions of common stock. Restrictions include a limitation on the creation of additional funded debt . A of year-end 19 2 the company had completed indu trial development revenue bond financings of $46,900,000, of which amount 20,122 ,000 had been released to the company. Th bond hav tenn ranging from 10 to 25 y a and bear mter t at lllq to 13 "i.. On Dectomber 30, 1 2. th company filed a It ration tatem nt With th Secunti and Exchangt' Comm1 100 for th proposed offt'rin of dt'bt rit up to m1llion . ggr gat annual maturib of not and dt'~ntur f r four y ars beyond 1 art' lin thousand >: 1984 39,334 19 5 31~74 1986 29,1 I 7 24,751 ~-~~r:~ .. ~~-'. . , ~ -::-~~~--. . ·;.. - ~ ~ ~ 1 ~ . ' . J • Note K-Commitments !lit ""mpany ha> commitment under contracts for the pur- rh.N· uf p111 perty and equipment and for the construction of lnnldmg . l'ortwn of uch contract not completed at year -end art• n<•t rt'n l'c ted in the financial statements . These unrecorded n>~mm t m ents amounted to approximately 117 million at Yl'<tr·t>nd 19 2 . Note l-Colltinte11t LlaWIIties-Utiptlo. T he re a re pending against the company vari ous claims and Ia " 'uit arising in the normal course of the company' b usmt>ss , including, as of March 4, 1983, suits charging vio la - uom. of certain antitrust and Civil Rights laws, some of which p urport to be class actions and seek damage in very large a mounts , as well as other relief which, if granted, would re qutre very large expend itures. Prior Annual Reports noted the pendency of 18 suits brought against the company and others by various livestock producers and feeders alleging violations of the antitrust la w, m t he purchase and sale of meat land of one s imilar 'u itm "htch the company was named as a co-conspirator). In 17 of the e a ses. the claims for damages have been dt,m i" d by the Oi trict Court as not within exception to tht• ant n r us t 1 ule that only those who deal directly with dl'fe ndanL can recover damages. These dtsmissal currently are on a ppeal. Dismissal of the 18th case i now final. \\'htle management is unable to predict the ultimate out- e<>mt' rm thes e antitrust ca e . in its opinion, the company ha' good and meritoriou defen es to each action and hould prl'\'atl in all. \I though th amount of liability at year end 19 2 wtth rt',pt•c t to all of the above matters cannot be ascert<~med, management 1 of the optnion that any re ultlng habtht} .\til not materially affect the company': cun •ltdated 111 m .. fm.mci al pos ition. Note N-Stock Option , Stoc:k Apprecill tion and Stock Pun:ha sa Plans The following summary shows the changes during 1980, 1981 and 1982 in stock options granted to key employees to purchase shares of the company's common stock : Outstanding, year-end 1979 Expired, 1980 Outstanding, year-end 1980 Replaced , 1981 Granted, 1981 Expired, 1981 Outstanding, year-end 1981 Granted , 1982 Exercised, 1982 Expired, 1982 Outstanding, year-end 1982 Shares 492 ,600 ()3,250 1 479 ,350 (479 ,050 ) 603,650 19.100) 594,850 149,300 133,826) 116,0601 694 .264 Option Price $40.13 -47 .88 40 . I 3-4 7.88 40 .13 -47 . 40 .13 -47 .8 31.63 31.63 -46 .13 31.63 -47 .88 28 .63 31.63 28 .63 -47. 28 63 -31.63 --0-1 JJ' .......................... a...-. "'-'<un udtttdl ) '¥' ~---'l"f.·.·:~"f"-<:.:: -··<··::,:. • '.•; ' '~< ' ' . . ~ '· '. . ·.~ '-~ adjustments were com puted based principally on externally generated speci fi c price indexes. The effects of inflation on merchandise costs have already been recognized in the hi torical financial statements to the extent that the LIFO method of accounting is used for approximately 60% of merchandi se inventories. The provision for in come taxes doe not reflect the current cost adjustments to merchandi costs ur dep1 t:t:ialiun and amortization expense. The "gain from the change in purchasing power of net monetary liabiliti es" represents the gain in general purchasing power, as measured by general inflation rates, realized by the company a monetary liabilities are paid with currency of decreased purchasing power. This gain should be considered a partial offset to interest expen e as interest rates reflect the anticipated rate of inflation . Also, since the inflation -adjusted net income includes adjustments for the effect of inflation on inventories and property which are financed by monetary liabilities, the effect of inflation on the related liabilities should al o be con idered . Thus, net income including the "gain from the change in purchasing power of net monetary liabilities" may be a more comprehenRive measure of inflation -adjusted operating results. ln 1982 the current costs of merchandise inventories and property increased by $151 million, whereas those assets increased by $296 million as a result of general inflation as measured by the U.S . Consumer Price Index for All Urban Consumers ( Pl -UJ. Thus. the year's increase in inventories and property due to general inflation exceeded the increase in current costs by $145 million , indicating a rate of general inflation higher than the rate of increase in specific price indexes for those items. At year-end 1982, the current cost of merchandise inventories was $1,627 million and the current cost of net property was $3,284 million . The five-year summary of inflation -adjusted data shows amounts stated in dollars of 1982 average purchasing power based on the CPI-U. Current cost accounting involves the use of assumptions, estimates and subjective judgments, and the results should not be viewed as precise measurements of the effects of inflation. S...,....tery F._., Da18 Mjatellfllr ... Ett.cbllf ~,_(million s) ales Cost of ales Olh r xpenses, n In come b fore provi ion for incom taxe l'rovJ,ion for mcom taxe :->tmcom (,am fmm the chang m purcha mg pow r of net monetar hab1ht1 Fiwe Yur c......-ef Selectlll ,.._., ................ Ett.cb 11f ~,._ t !11 fl,.ll.tr of Ill 2 AH'r l'un·h in Pnw r, l m PI ) .It 1112 17 ,633 21 3 104 114. I 2,47 2 4523 2 . 1 1982 As Reported in the tatement of Income $17,633 13 ,628 3,757 248 160 242 I $17. 7 17,6 1 145) 154) 11.721 12071 193 251 14 197 12 II (J) 2. 14 2,7 2.7 305 27 22 272.4 246 AdJu ted for Change in Specific Price (Cu rrent Cost l 1 79 ,242 1101 (' ) 270 260 14 I 2, 2 H 4 2174 17 ,633 13. 3,836 109 21 3 104 347 14 .55 2.572 34 7.35 I 5.4 ) . ,~t: '~~~ : il ' . "' ' .• .;:<' Not e P-Finencillllllfonllltiolllty Geotr•,IIlc Am (thousands) United States• 1981 1980 1912 ~ale~ 1982 $13,252,699 3.128,111 2,921,505 20G,GOG $12,491,852 11,518,993 2.569,717 Gross pro fit Operating and administrative expenses Opmlling profit Income before provision for income taxe l'ro\'ision for income taxes ;-.;ct income 1\:et working capital including merchandise inventories at FIFO cost Less LIFO reductions !'\et working capital (deficit) Tota l assets \ t a~sets Cumulative translation adjustment 110 ,199 34.090 76,109 384,744 289,450 95 ,294 2,838,616 559.389 Rrflt-ct. the Ll FO method of valutng ceruun 1nventones. NoteQ a..rt.rlyl•l•--<unaudited) 1982 "ale (,rn profit l't mcom e '(·t 111 om per hare a•h dmdend pt>r har \larl.•·t pnc rang of common tock 1981 lock 1 80 2,815,057 2,576,021 549,112 2.688,571 2,424,17 5 452.170 12G.48G 1!:il.846 96,942 21.050 70 ,283 93,387 (6,007) I .735 41 ,902 27 ,057 51,548 5 1,485 277.160 229,099 276,339 256,093 821 (26,994) 2,675,569 2,46 1,407 135,108 619 ,486 365,767 (54,219) 532,185 566,909 First nd 12Week 12 Week 3.9 3,793 $4 ,045,193 7 ,993 912 ,3 13 16,029 42.115 .61 1.61 .65 .65 29 -26't. 307 -27 3, 9,307 3.781,112 789.964 819.667 19.272 26,197 .74 1.00 .65 .65 37 .• -29 37 -321 .. 3,255, 679 ,270 14 ,1' Canada 1981 2,404 ,972 504,543 410,701 93,842 103,256 47,011 56,245 150 ,681 578,281 430 ,063 (40,362) Third 12 Week s ,093,348 934.135 39,117 1.50 .65 371 -28 1. 3,943.663 851.143 15.483 .59 .65 331~-26 1980 $2,190,917 449,339 357,894 91.445 95,263 42 ,761 52.502 161 ,428 518.702 372,197 (41,806 ) Lat 16 /17 Week s• 5,5 10.4 7 1,279.32 62 ,399 2.39 .70 50 1,-36•, 5,266,236 1,173 ,621 47 ,332 I. 2 .65 28 -241 'z ~ l ' . . . . Over eas 1982 19 I I , 10.405 l. 3,494 327.546 27!l, 6 17 ,660 44 .674 12 ,60 32.066 ( 12.278) 43 2.53 1 211.939 (41,823) Oald.tnd, 'ahfom~.t ~1an·h 1. l!l :1 314.795 264.206 50,5 9 42,040 17,058 24,9 2 (38,583) 398,465 112,850 (26,052) 19 0 1,392 ,763 260,580 217.061 4:$,5 19 .136 13,04 25,0 (20.249) 353,432 116,581 (3,635) PMt, Merwlcll , lllldlellt C.. M ....... llt's Aelplllllillllity for Fin1ncilll St1te1Mnts ) IUnl • NE W DIRECTIO NS IN DESIGN 1 lf ~II the change Sa fe way •<~dt• during 1982, perhaps 1 <>Ill' 1' more in di ca tive of 1 ht· rhangmg retail food mdu~try than th ne w s up e r- 'l"r" formats d veloped for u' by the Doody organization oi Columbus. Oh io . Even dt''lgn 1 becomi ng a co mp - till\ l' t<~>l in su permarketing. and Doody i re nowned for 1ts abili t y to mcr ea s sal es through innovati ve architec - ture a nd inte ri or lay outs in ot her ty pes of re tail s tore s . pace-fr a me constructi on , I bold colors, larger-than -life photomurals to identify departments, and low - profile helving for line -of- ight viewing combine to give customers a fresh new environment to help make s hopping mo re fun . In keeping with Safeway' emphasis on one -top sho p - ping, the new stores contain a full range of specialty and service departments. In conventional Safeway super- stores, pharmacy, floral, bakery, deli , and other service operations go on the peri - meter along with meat, produce and dairy. The new formats, in contrast, put them up front, just behind the checkstand area where they flank sit-down areas for eating. As in most store , the aisles in both grocery and variety departments run in parallel lines . In the new design, however, these lines lead to the ervice core, exposing it to hoppers every time they walk up an aisle . The first of the e new made its debut in September in Broken Arrow, Oklahoma, just outside Tulsa . A larger version, s panning nearly 61,000 square feet and incorporating skylight to enhance the merchandi e, opened in ovember in Arl ington, Texas. A sche - matic of this suburban Dalla s tore is reproduced below. A third, almost identical to the Arlington store, opened in Garland-al so near Dall as-in J anuary of 1983. Another ver ion of the Doody design, using large fabric panel in li u of open -girder con truction , i lated to o pen thi fall m n Ram on . Cahfom1a . ., ' IVI AI\JAGE RS ON THE MOVE F J Dale '' John l Moru !. George 0 Marshall Fran!( C Srubar Gerald l McG~nnts . Ronald f za .. har'f N ID Rob ert D Reynolds . Thomas J Conway Aoben A George , \I \I . .... . Patuck l K1ernan Wayne leader Steven C Boone Gregory 8 Plunkett • • • . -,----··-------------------------------------·--- C 0 U N C I L C 0 M M U N I C A T I 0 N I I-DATE June 30, 1983 AG~NDAA ITEM SUBJECT l) Deten tion Pond Sprinkler System Parts j IN ITIATED BY G2..r.Y_ Diede Director of Eng inee r in g Services E. P. Romans, Director of Pa r ks & Recreation ~~ ACT I ON PROPOSED ________________________ _ Background The City, through has initiated bids for tention Pond project. general contractor. Justification past experience with cost savings at the golf course driving range, sprinkler heads and controllers for the Englewood High School De- Components are to be installed under contract by the present Due to the fact that complete submersion and plugging of sprinklers will occur during peak flooding in the playing field area, the City elected to specify a no equal sprin ler head manufactured by Thompson Manufacturing Company. The choice of this head offers the following advantages: 1. The head has a positive drive sea led gear driven motor Impervious to mol~ture and foreign matter. 2. The he d surface is less than 1/2 the size of Impact heads and has a rubb r cap and flange cover. Th s features provide less head surf ce to interfere with sport activity and are therefore safer for high activity use. 3. Th Thompson had Is self flushing during pop up and pr vious xp rl nee with flooding condition at 8 llevl w Par has shown thes h ads to function while oth r Impact h ads h ve fat led to op rate. 4. Th Th p on h d seals tightly wh n down similar to an engine v lv , thus providing I ss probability for plugging during flood conditions. I p ct heads surrounding th playft ld areas w r also bid with Ralnblrd b lng s lected. City Pars ar as as w 11 as th 2nd Coif with proven r liability. Buckner nd th Coif Cour 1st nine, have h d s cr ated by poor wlp r se Is nd In bid or th lrrlg d for IIIUI lpl r syst Su blllty of t rlor drip s. • I • -• • • -2- Financial Bids for purchasing irrigation equipment for the Little Dry Creek Detention Pond were requested from six suppliers. A summary of the bids are attached. Reconrnendation 1. Award bid for Rainbird heads and Superior Controllers to Turf Irrigation Supply, Englewood, CO. Rainbird Sprinklers 2-SC16DHM Superior Controllers 2. Award bid to Wickham Supply of Houston, Texas for Thompson Sprinklers Total Award Architect's Estimate $ 9,496.44 858 .00 $10,354.44 15,274.00 25,628.44 31,091.35 Funds are available from the 1983 Little Dry Creek Public Improvement Fund. SUGGESTED ACTION: MOVED BY ______________ _ ~ s co o _____________ _ YE~S~--------NO __________ ~A.BSENT _______________________ _ • • Sli,S-. A ~ s 9,592.« • r ,. lf SJI,'Sl4 .77 • • BID SlHW!Y I RRIGATION EQUIPI-IEHT ll TTL( DRY CREEK DETENT! ON POND IGI'iAl 810 OPE NING· Ji.JHE 10, 1983 * "EYISEO COI'fTROI.LERS BID OPENING: JU NE 29, 1983 CH. II IOlPSOtl SPR!II KI.EIIS SCH . Ill NELSON COH TROLLE PS RAINBIRJ RA I:I BIRO COI'fTRDllERS CONTROLLERS RC 188 t RC 128 CO iiTROLlfR S RC 1860A8 & ~ RC 1260AB -HT $1,560 .00 52,724.00 Sl ,i64.00 Sl,404 .00 NB ·.a tl8 NB 52,097.20 s 98 9.40 SJ 6 ,301.75 NB NB s ,59 . 34 $20,401.50 NB NB ·.a $! ,560 .00 53,424 .00 SI.552 .00 } lk let ed SUPERI OR CONTROllE RS 2-SC-160Ht1 s 909 .60 NB ~I I · • • NB s 89 7.60 51 ,25 2.80 • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT July 14, 1983 AGENDA ITEM 8 B Award of Bid for the Fire Pumper INITIATED BY City Manager's Office ACT I ON PROPOS ED Award of Bid for the Fire Pumper Attached for your review are .emoranduas from the Fire Depart- ment regarding the bid process for a ne w fire pumper . Aa indicated in the memo r anda, the Fire Departaent is reco .. ending the award of bid to Firefighter Engine and Supply for an Emergency One Custom Fire Pumper at the pu r chase price of $159,380. The memoranda from the Fire Chief outlines the rationale for the recoa.endation . The unit bid by Fire- fighter Engine and Supply ia constructed of aluminum and the Fire Chief indicates that this ia the state of the art regarding fire fighting apparatus because of the ai nficantly lower aaintenance costa of aluminum over the steel tonatruction. The bid price of Emergency One is not the lowest bid that wa1 received. H ever, it was the only piece of equip- • nt bid that ia conatructed with aluminum. The low bid process was diacuaaed at the ataff level and the City Attorney'• Offic agr 1 that there i1 sufficient rationale for awarding of the id to Fir fighter Engin and upply. Two aajor ite that were id ntified in the bid ape ificationa that w nt to all the v ndora tia of delivery and avail- ability of aaint nane and repairs of the unit that waa bein bid. Firefi bter En in and Supply at aa iafled these two bid specifications. cuatoa uppl or 1 udy a aaion ao that w ean futhar ta nd d that the bid for a n w to Firefighter Enaine and nt of a 1 aae/purchaae a r I • • • • • MEMORANDUM TO: Peter ~'ROM: James M. Broman, DATE: July 14, 1983 SUBJECT: Fire Pumper Bid Award On June 2, 1983, bids were opened for this fire pumper. Those bids were recorded as follows: Amer ican LaFrance $144,129 Sutphen $146,250 F.A.C.T. $147,800 Seagrave $159,260 Emergency One $159,380 Pirsch $161,224 Because certain dealers bid required items as options or included extra features in their bid, these prices must be evaluated and adjusted to reflect c omparative prices. The attached memo from Chief Haugsness does that and then recommends the bid award to Emergency One in the amount of $159,380. I concur with that conclusion. J s M. Bro.an Fire Chief • -• • • TO: James Broman, Fire Chief FROM: James R. Haugsness, Administrative Chief DATE: June 23, 1983 SUBJECT: Recommendation for Purchase or Lease/Purchase - New Custom 1250 gpm Fire Pumper Bid Review and Adjusted Cost Information 1. Fire Appliance Company of Texas 2. Sutphen Corp. (Sutphen) 3. Western Fire Equipment Company (AMLF) 4. Firefighter Engine & Supply (E-1) 5. Mile-High Seagrave (Seagrave) 6. Amer ican Fire Prevention Company (PIRSCH) $148' 201.00 149,250.00 149,680.00 157,013 .00 159,260.00 161,823.00 The above ranking establishes low bid based on adjusted costs for failure to meet specifications or bidders e x ceeding specifications. I also included the disc brake option because of desireability and difference in each bidders price. Evaluation and Recommendation 1. Fire Appliance Company of Texas offered to build the unit at the lowest cost. However, eventhough our specification will be met for th low st cost, this bid should be raj c ad based on the quality of workmanship demonstrated by th ir d and h lack of a close service facility to the City. 2. The Sutph n Corp. is the s cond low bidder based on pr~ce and qu lity. Th deliv ry time factory service is available. Informa ion fr par nts indicates that Sutphen f c ory coo and warranty service are above average. and should be consid r d is acceptable and local 3. Th Americ n LaFr nee b~d by stern 1nd1cates no hinq axe ption 1. The lonq th d~ iculty of our serv~c can er to suqq sts tha this b~d should no be consi 4. P'iretiqh er On cus o• P'ire P is $77 3.00 h gh r nd Supply will au With an d)US ad h Sutph n bu o o her local fire de- ration, parts av ilibili y ly an ric o era h • pany, Inc., cou led wi h fro• th f c ory •• • ~ecomrnenda~~ons tor Pumper 'Page Two • • • 1. Aluminum construction is 25\ lighter resulting in better economy 2. 20 year warranty against perforation due to corrosion 3. 15 year tank warranty 4. $20,000 trade in allowance at the end of a 20 year term In addition, my personal observation indicates that the E-1 is con- structed of the highest quality materials with great care given to quality workmanship. Information from other departments indicates great satisfaction with the product from serviceability to factory cooperation. This bid should receive our highest consideration based on the proven ability of E-1 units to withstand body corrosion. 5. Mile-High Seagrave's bid showed nothing exceptional to indicate selection. 6. American Fire Prevention Company's bid showed nothing exceptional to indicate selection. I suggest that, eventhough, the Emergency One bid is not the lowest, it be awarded. The low maintenance cost will more than make up the difference. If a lower bid is required then the second choice is the Sutphen bid. Factors Which Cause Bids to be Higher Than Anticipated 1. The extra equipment not required by NFPA 1901, $6905.00. Host of this equipmen is part of our standard inventory. 2. Jacob Engin Br ke -$2192.00 3. 8V71TA -$1400.00 4. Roll ou ba tery tray -$480.00 5. Koehler bat ery cond~tion r -$703.00 6. Top moun pan 1 -$2500.00, atandard with E-1 7. Extra c011partNnt -$500.00 8. Diesel g nera or -$5100.00 9. Boost r r el w/hoae -$1800.00 10. St nq 11. 1 13. 14. ara r aya Mara 11 1 n • ' d~ach rg -$1SOO.OO on • U22 .00 -$1700.00 -$ .00 - s 23.00 • • Recommendations for Pumper ·Page Three Alternative to Purchase • • • Attached are samples of amortization schedules for municipal lease/purchase. I suggest that before we select a fire pumper that falls short of meeting the needs of the Englewood Fire Department, either by cutting equipment, safety features, or functions, other means of purchase be explored. Respectfully submitted, ~;;Ha~sn !~ Administrative Chief JRH/dg • I • • • • - MEMORANDUM TO: Peter Vargas, Assistant City Manager FHUM : J ames M. BrOilldi i , Fl e e Ch ie f DATE : July 13, 1 983 SUBJECT: Fi re Pumper Bid Award Follow i ng our discus sio n of this issue, I would submi t the follow1ng i n formation . I beli eve there are four ma j or issues to be consider ed , out- side of p r ice, in this d ecis i on. I. Body Co ns truc t ion Materi a l (Alumi num vs Steel) We are l ook ing at a relatively new technology in t h i s f ield that has shown itself to be an answer o certain problems that have plagued fire apparatus . * 25 less we1ght in the al~num body. I f the p umper its lf we1ghs lesa , 1t can obv1ously carry more we igh t befor e 1t r eaches 1ts G.V.W. It is my und erstanding this amo un ts o 800 pounds e x tra capacity or better. With a reduced 1ght , there is a potential for some fu 1 savings although I f1nd no specific do ntation on th1a inu. Th1rdly, the reduced we1gh w1ll allow for bett r road per- formance! i.e., better accel ra ion and braking. Th ae are issues that are very 1mportan in urban e rgency equi nt. • 25 greater coat of raw aateriala. It is a fact that al in currently costa abou 25 more than a 1 to • purchase. Cons this type of apparatus seldo , if ever, is t Ye in Color do alone, over 100 tire d p rej c ed the 1 bl.d in avor o 1 inua . • Wit in y 1 • • - Peter Vargas Page Two II . Delivery Time • • • As I have repeated on a number of occasions, we are in serious need of obtaining some replacement apparatus as soon as poss i ble. In comparing Emergency One's delivery time of four months to Sutphen 's time of eight to ten months, it is obvious which is superior. I II. Vendor Rel ;~bili t y Emergency One has offered a 20 year warranty against corros i on while the c ompetitors offer no warranty against rust. E-Qne also offers a minimum of one year warranty against structural cracks. I am personally a c quainted with several departments in the Chicago area that had some cracking problems with ear ly E-One units (mid 1970's models). Even though they were past the o ne year point, E-One cared for the p r o blem. I t should also be noted that, because o f their experienc e in this fi eld , t hey have solved many of these early p roblems through engineeri ng change s . As a further statement of their confi den c e, E-one guarantees a resale value of $20,000 after 20 years of servic e; something unheard o f i n the f i r e a pparatus i ndustry. I V. Service Beside s the f ull service a v ail able f r om the fac t o ry, we have access to complete service f r om t he dea~er in Co l o r ado Spring s . Th i s is a de fin i t e plus o ver Sutphen who ha s a r e p resentat i v e in t h e Denver area bu t no dea l e r service f a c ility. Co nclu sion In e xamini ng the iaauea of (1) Body Construction , (2) Delivery Time , (3) Ve nd or Re liability, and (4 ) S rvice , ~r ncy On appears to offer mo r e for th dol lar alt hough he1r price ia high r. I beli v e it ia a caa of Sutphen baing a very ood unit but E-one offering th beat unit. Con- sidering that the difference in coat a spread over e 15 y ar useful l1fe (or more), I would still r nd the aelec ion of the E-on un1t. If tha i not acceptable, I would then recoaa.nd he Sutphen unit. n At • I • • Clly of K.1nS.1$ Crty r.1r\\0 Ufl Itt o.~rl ()f l..rut IIC~ f.lr . Bt ·uc~.. Caker ~Ianni ns ter Fire Dept. 300 Ivy Street W~rminster, PA 1C97~ Dear l·l r . Baker: • • • Public \','arks Dcpi"Htrne:n t r.1otor Equipment D ivi~ion 4 lOS Wo~ddcll Outl(tor og ' 0 " M.ln :,.,,, C•ly, M•••.uu•• G<l111 June 16, 19Rl This 1e ~t er is i n response to your request r c1utiv e to our experience 1~i th tile rmcr')c ncy-Onr Cump.tny (E-1) and [n:crucncy One Fire llr·fMt '<ltus. The flt 'S t time thH I CilmC' 1n con ac t l·illh l-1 1·1J~ .1 proxin .atco1y 3', year s ago, at 1'hich t111 11' E-1 suhm1ttrd a ltitl to us for 10 un1 t s. lluch like you, I h.ltl some t·ca1 reservdtlons nhc•ut award1ng a bid to l-1. The y 1·1erc Jn unknO I'/11 in the fire •'l 'fl.J r .H us businrss as f<lr dS I 1:as concerned . llith he ropid cho~ngl's t .1 k1n9 J>1ilcc in th e fire apparatus industries, I .1 s coni..crned 1f [-1 1·1C>u1<1 qi11 h~ around in 2 or 3 years. Being d11are of the do .• nt inc r su1 t iug fr on poor servicP and cqua 11y poor, parts Sujlport tll.ll we have rccl'illl'd fr r<• he "01g llam s• 1n th e fire· Pf·•rHus 1nt1us ncs, I did hilVl' \Q.I ,,.,,1 C011ce rns . One concern ~.as that I r 19h t 1n fact be ere t1ng 1n .Hhllt lnnrt 1 p.rrt~ and sc>r 1cc "' oblcr.t for tl . City ~nd 11ut h.l11e •• n)l. _II: to go for elp. \!e sent 3 pro 1e (one fr Purlfll'llli.J , one f10111 r., 11d one from tJ'Jlor E ulp- ' ·n t) to e E-1 111 nt in Oc 1a, f1Midl 11 Jn effort to get sor 1t1e:a uf •hill E-1 r ea lly 111~ unf.l 1.IIJt ll•l'lr l!r•d ~lOti r w<lS. 1\\ a n·~ult of this lnSIC'C tlon, Ulllt E~l Utl"dol Otl.lytll11 Ulolll I d of In th fl IC ~~ ilf.JlU\ q Ollny 36S d~y~ •~d I 1 ~cr, did pl Cl' •I 1nll14l O•'i fort n , (lo or 'I• Clfl\:tttlon) '' 1ch 11t1 lu ust1y , Other 1 tli1Uf cturrn .rc n• 1n I n pr I\ •1. '·'Y l 1·"Y ''"'" It t S • !!t tj U • • • • • l·l r . Lrv.::e Eal er r <H.J e z JunE: 16, 1931 Our second order to [-1 wus for a lUJ' Sin .on ~norl:e l . Once oi.Jdin, I ~~as soo •:e whdt COIICct·ncd .1loou t possible I'•'' t~ •• tu d service pt oble;ns. 1 initially thought that 1-1e might encounter a m':>re severe parts and service problem. Spccifilo1lly bec.1use thL· boom was manu f~ctured in Englaml. This however , hJS not be en our experience. E-1 ai•OlColrs to have an adequate inventory of parts and co .• tpont'nts on hand to res~ond to the non"a l needs of our appJratus . We experienced a major problrm in mid-SL·ptl'tnb•·r, 1979, ~>hen one of ou r operators ltJcl..cd ou r SnorkPl through tlte ttar wall of the station house. The h1rd boom was structurally t1.11o•M;cd and required replace- men t as di d several other 1.1ajor parts. I thouyht 1~e I'IOuld be extreu1el y lucky 1f ~;t .:ere able to return the Snorlel to se rvi ce 1n 30--45 days. [-1 was con dCtcd on Thur~day evening , September 13 and ,1dvis c d of our prc.t.lcnt. [-1 put 1t all tulj etllcr fo r u~, bu t to ~~~~~e a long s tory Sh(,r t, .Juit n 0.11 .1ey and hiS c re w had tit~: pJrlS delivered to Y.,1n ~o1'-City .1nd the Snor el back in serv1c~ on the I'.Ot n ing of September 17 , n pt L·~f'll l ing less thr.n 95 !tours of lost time. lhe bod y of our E-1 o1ppar.1lus is olll olll ,)' lllllllllll Ulllt llhich ~It fL·e l offers mJny I ene fil s ove r a steel body. Qn(· of thr rr.ajor bene f 1ts 1s it'~ Jl.nl1ty to ~litltstand m1jor acc1Jer•t cl,ullage. One. of our pu1 pers with an al u;ninum body ~:J', tnvolved in a '"•'JOr aLCilll:nt. This o~ppMa tus rolled a complete 3GO <lcgrf'es. 0Jrt:Jge to lte cab ;1as exten•o~ve. ~1hile the d~nil!Je t o thr alun lltum body 11as relatively 101110r ([st1mat~d repc~ir cos t 1ncluding he l1ght and tl~cL 9 un di d no exceed $?,700 .00.) 1 l•luld ltJve to agn·e thJt this 1s a r~ h ·t !'.<lrc.·e '"I for a <'cpol rt- ' · t o enfy the cl ai m that "the usc of t ul•u lM J Ulr.llll~ extrus1on •jll'dtl y r duCC'S t he c:.hocl. trJns fer rrsultllt<J ftOIII oln JCLictcnt". Und er l e ctrcul'lst anccs it HilS fortunJte for Yanso1s C1ty that th1s cl<llln IS pparcn ly true. hi! e ~iutc pl ceo d thnd order fC'r 1 ulJi t 1onul Clas A Put~P rs we I.JVl' Ctl rilct•d with E-1 tort ulld .1n 1\10 ~ur.rl.cl at about tl. rtte Of nev Urtll. w s ide tif1ed ~ d fr~ r.;o)nuf1~o:turcd u:;h o f If can 1.1 of fut tl ~:r .~~ ist 11 C • do nn t h"'•' t te ~o couuct "· r y • • • - • • • • EMERGENCY ONE FIRE APPARATUS IN SERVICE State of colorado PURCHASER El Paso county Blanca Inter Canyon La Junta Arvada Arvada Cheyenne Wells Breckenridge Breckenridge Frisco Pine Brook Hills coal creek canyon Kremmling Boulder Boulder Cop;?er Mountain Costilla county Brighton Platteville 1 Coun y 1 coun y CHASSIS I. H. C. Chev. Dodge Chev. Ford Ford G.M.C. G.M.C. G.M.C. G.M.C. G.M.C. G.M.C. Chcv. G.M.C. G. .c. G.M.C. G .~t.C. G.M.C. G.M.C. Ford G.M.C. Ford Ch v. G.M.C. G. H. C. G.H.C. ord Ch v. c v. G.M.C. G.M.C. n ndricltson H n ricltaon Ch v. G. H. C • MODEL NO. 15102 15060 10060 15060 15060 15060 15060 18060 18060 Sentry 18060 18060 Sentry 18060 18060 Pro II 20084 20084 180 0 20084 15060 Pro II Guardsman Sentry S ntry S ntry Pro II Gu rd n Gu rdam n S n ry 20084 Pro IV Top t-iOun Pro lV Top ount s n ry I 100 0 • • - • • PAGE TWO ) PURCHASER CHASSIS MODEL NO. Keystone G .M.C. Pro I Top Mount Key stone Hendrickson Pro IV Top Mount vai l Ford Pro II Cherryval e G .M .C. Sentry I Erie Dodge 20084 Keystone G.M.C. 10060 Golden G.M .C. 20084 Ft. Collins Ford Pro II Cherryvale G.M.C. 10060 Fairmoun t Ford 20084 Denver Federal Center G.M.C. 15060 Lakewood Hendrickson Pro IV Da cona Dodge 1006 0 Evergreen G.M.C. 15060 East Grand County G.M.C. Sentr y I Fountain Ford Pro II Top Nount Cherryvale G.M .C. Guardsman 2 airmount Ford Pro II ',akewood Hendrickson Pro IV Ton Mount Empire Chev. 10060 \Voodm n Valley G .M.C. 10060 ( Hudson G.M.C. 20084 Allenspark G.M.C. 10060 -I High Country G .M.C . Rescue Eagl e Vail Hendrickson Pro IV Top Mount Bailey Chev . 10060 Bailey Chev. 10060 Cherryvale G.M.C. Guardsman High Country I. H. C. Tanker High Country I. H. C. Tanker High Country I.H.C. Tanker High Country I.H.C. 2008 4 High Country I. H. C. 20084 Fountain Ford Sentry III Fount in Ford 15060 LOUlSVille Ford Pro II Highl nds Ranch Chev. 10060 Cr stcd Butte Sp r an Pro IV Top Mount la teville G.M.C. 20084 Pl t ville Ford 5 ntry III Top Mt . Asp n Ford Pro II Hotchki Ch v. Sentry I T llurid OOdg 10060 w • Oougl • County G.M.C. 10060 I w s OOU9l s Coun y G.M.C. 10060 w st oouqlas County G.M.C. 5 ntry I • • Lyon Ford Pro II , Ever~r n tlendr 1ekaon Pro IV PURCHASER Copper ~1ountain Louviers Lafayette Beaver Creek West Routt Lyons Lyons \Valden Fountain Climax Molybdenum ~lick Rock Colorado Springs Canon City Frederick Security Ft. Morgan Left Hand District Left Hand District Dillon IVinter Park West Adams Eastman Kodak Company Canon City Canon City Franktown Brighton !Vet l·lountain Wet Mount:1in VJ.l Boulder Heights Snake River Snake River Skyline Deer Tr il Akron Gr nd Lake • ,. PAGE THREE • • • CHASSIS Hendrickson Chev. Ford Chev. Peterbilt G.M.C. Ford G.M.C. Ford GMC Brigadier 4 ~vheel Drive G.r1.C. Pc:'lf ab Ford Spartan Ford Hendrickson G.~1.C. G.M.C. Pemfab Hendrickson Ford Ford Penfab Pemf b Chev. Chev . Chev. International Internat~onal Ford G.11.C. G.M.C. Chev. G.M.C. Chev. Hendrickson Chev. Pem! b Hendrickson G.M.C. • MODEL NO. Pro IV 14060 10060 10060 Top Mount Tanker 20102 Pro II 10060 Pro II Pro II Top .t-lount 20084 P~r T ' Top Mount 55' 'l'elescop~ng Boom Pro IV 15060 110' Ladder Quint 20102 10060 Pro IV Top r-tount Pro IV • Guardsman Ft. Mnt. Guardsman Pro IV Pro IV 20084 10060 10060 T nker Sentry I Guardsman Guardsman Rescue Sentry I Top Moun Gu rdsman S ntry I 55' Tel SCOplng P88~ 55' Boom Pro IV 20102 I • • ( • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA ITEM SUBJECT July 12 , 1983 q b . ADVISORY BOARD APPOINT MENTS IN I TIATED BY City Council ACT ION PROPOSED Appointments be confirmed by City Council to var io us Ci ty Council Advisory Boards Backg r ound As a result of resignations and expir at io n of terms as follows: Resignatio n of BILL PATTERSO as member of Elec tion Commission and resigna t ion of JEANETTE BUSH as member of Downtown Development Authori t y , and of other appointments soo n to expi re, th e following appointme nt s shall be made: Englewood Downtown Development Authority Reappointment of RACHEL OWE S (3200 Wad wor h Boulevard ) to a four- year term of office comm ncing immedi tely, e.piri ng Jun e 30, 19 7. Appointment of ALT TAMOO' (69 We t Floyd v nue) t o four-ye r erm of office comm n ing imm di tely, e piring June 30, 19 7. ppointment of JOH C. LL (4913 South Lipan Drive) o an une pired t rm of offic , effec 1ve imm di t ly, expiring Jun 30, 19 4. Liquor Li n 1ng Authority nt of h1th tht tion, 11 ppotn h b n o•pl d . • n bo r h1ngton Circl ) o t 4, 19 3, e piring ion , nd u hort 1 •