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Home My WebLink About1983-11-07 (Regular) Meeting Agenda• • • 0 City Council Meeting -Regular November 7, 1983 • • • • 0 0 / -~.....,.-,.., 4F-#0. ~ ~ s.J , .S4- ~A/T'U-~ -:11: ~. #, K6. .<!1. 5 f • I . . • 7:30 P.M. 1 • ( • • - AGENDA FOR THE REGULAR MEETING OF , {)..P THE E/1::::.000 CITY COUNCIL ~~ ,.J- N::HBER 7, 1983 .y Call to order, invocation by Min ister J; es Clark , Mayflower Congregational Church, 3001 South Acoma Street, pledge of allegiance by Boy Scfut Troop 1115 and 1154, and roll call. ~ t...a-L. Minutes. (a) Minutes of the regular meeting of October 17 , 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Hr. William Owen, OE HC , will be present to discuss three bid awards for the Wastewat er T reataent Plant. (See items 8 a, 8 b, & 8 f.) (a) Ordinance on final reading to reaulate the collection or waatewater and treataent thereof to provide for aaxiaua public benefit by settina forth untrora requireaents for pretreataent of industrial wastewater by settina sewaae tap fees and charaes and by clarifyina the require- aents for connection to the public wastewater systea by eaendin& Cha pter 5, Title XV, of the Enal wood Muni ctpel Code or 1969, aa emended. (Copies enclosed.) • I • • - ( • • • Page 2 November 7, 1983 Communications -No Action Recommended . (a) Minutes of the Parks and Recreation Commission meeting of August 11, 1983. (Copies enclosed.) (b) Minutes of the Housing Authority meet i ng of August 31, 1983. (Copies en cl osed.) (c) Minutes of the Board of Ad j ustment and Appea l s meeting of September 14, 1983. (Copies enc l osed.) (d) Minutes of the Planning and Zoning Commission meeting of October 4, 1983. (Copies enc l osed.) (e) Minutes of the Public Library Board meeting of October 11, 1983 (Copies enclosed.) (f) Memorandum from the Director of Parks and Recreation to the City Manager concerning his attendance at the 1983 National Parks and Recreation Congress in Kansas City, Mi s sour i on October 2-6, 1983. (Copies enclosed.) (g) Memorandum from Council Members Bradshaw and Higday to Mayor Otis and Members of City Co u nci l concerning the addition of two youth members to the Parks and Recreation Commiss i on. (C op i e s enc l osed.) (h ) Memorandum from the Di rector of Community Deve l opment to the Ci ty Counci l c oncern i ng the Status Report on the Downtown Rede v e lo p- me nt Act i vities. (C op i es enc l osed.) Memo r andum from the Assistant Ci ty Man a g e r a n d Ci ty Manage r c on c ern i ng their attendan ce a t the 1983 I nternat i ona l Cit y Management Ass oci- ation Conferenc e in Ka nsa s Cit y, Mis s ouri October 9-13 , 1983. (Copies enclosed.) 6. Communications -Action Recommended. (a) Letter from Marietta Brov n, Members or the Library Public Board, concerning her resig- nation from that Board. (Copies enclosed.) • • • • • • - Page 3 November 7, 1983 Agenda 7. City Attorney. Ordinances on Final Reading. (a) (!,~If .5~ / ~Jt~ Ordinance approving an agreement with the City of Littleton, Littleton Fire Department providing for mutual aid-automatic aid for fire protect i on for both entities. (Copies enclosed.) (b) Ordinance approving an agreement with the State C a"'K? of Colorado , the State Department of Highways, ~~ Division of Highways, providing for the recon- / •~ struction of the Englewood City Ditch. (Copies (}U ~ ~ enclosed.) ~ (c) Ordinance approving an agreement with the City ( (J /J,I..L( 1 of Littleton providing for the relocation of B u S Englewood's City Ditch. (Copies enclosed.) ~~~ Bills for Ordinances. (d) (e ) Bill approving an agreement with the Department of Natural Resources, Colorado Water Conservation Board, State of Colorado, providing for the construction of channel improvements to the South Platte River between west Oxford Avenue and U.S. 285 (Hampden Avenue). (Copies enclosed.) Bi l l approving an addendum for establishment C /3:1i (pQ of the APAL Book Fund with the Arapahoe Regiona l District to better l ibrary services to citizens o f Eng l ewood and the County. (Copies enclosed.) /~ Bill f i xing the tax l evy in mi ll s upon each d oll ar o f the asse s sed va l uation of a ll taxable p ro p e rty wi t h i n the Ci ty of Eng l ewood, Co l orad o , for the y e ar 19 8q a nd e s ta b li s hin g a aill le vy for the En g l ew ood Colo r ado Dow nto wn Dev elopaent Autho r ity and declarin g an emergency. (Copies enclosed.) Resolutions. (&) Resolution ror a coapensation p lan systea for aanaaerial and supervi s o ry ea p lo y ees of the Police De p a r t a ent of the Cit y or Ena la wood , Colorado. (Copiea enoloa e d .) (h) Resolution for e ooapen ation plan for aan a aerial and uperviaory eaployeea or t h e Fi r e Depart a tnt or the City or Enala wood, Colorado. (Copita anoloatd.) • I • • • • Page 4 November 7, 1983 Agenda 1. City Attorney (Continued). ( i) Resolution for a compensation plan for managerial and supervisory employees in the Departments of Community Development, Employee Relations, Engineering, Finance, Library, Parks and Recreation, Police, Public Works, Utilities Wastewater Treatment Plant, and Municipal Court of the City of Englewood, Colorado. (Copies enclosed.) (j) Resolution for a compensation plan for confidential secretarial employees of the City of Englewood, Colorado. (Copies enclosed.) Proclamations. "'"'~(k) ~(1) Proclamation proclaiming the week of November 20 to 27, 1983 as Bible Week. (Copies enclosed.) Proclamation proclaiming the month of November, 1983 as Head Injury Awareness Month. (Copies enclosed.) Other Matters. (m) 1t~ c~oJe~~ gPu~ 8. City Manager. (a) Council Communication from the Director of the Wasteweter Treetment Plant concerning bid awerd of contr ect for solids processing facility improvements. (Co p iea enclosed.) (b) Council Co mmunication from the Director of the Wastewater Treatment Plent concerning bid awerd for the purchase of basket centrifuge feed pumps for the solids processin& fecility improvement. (Copies enolosed.) (c) Counoil Communicetlon from the City Maneaer oonoernin& en eesement for South Platte River Improveaente. (Copies enclosed.) (d) Council Communication from the Director of Public orkt conce rntna the adoption or a proclaaa ton. (Coptea enclosed.) (e) Council Coamuntcation from the City Manaaer oonoerntna the Little Dry Cr ek Detention Pond, Pres Ol•lleaoher ac111ty. (Copiel encloaed.) I • • - I • • • • • • ~- Page 5 November 7. 1983 Agenda 8. City Manager (Continued). 9. (f) Council Communication from the Director of the Wastewater Treatment Plant concerning the award of purchase of progressive cavity sludge pumps for the solids processing facility im- proveaents. (Copies enclosed.) (g) Manager's Choice. -I..()..R..P, ~ ~ '-!J/~. General Discussion. (a) Mayor's Choice.-~ r ~~foO'\ (b) Council Member's Choice._ ~ ~~cl). ~ fl.~ 10. Adjournment. /) 1 ~/} -~~'"~tru -ILh: /tUd-~ ~~~-~~a~~ [_/JA~rh ///C/Afi"'- AN MC CtlVN Ci y Manager I • • - • • ~~ROLLCALL 1 : \3£) cYJ----rv! . Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fltzoatrick Weist Bi lo Bradshaw Otis • I . . • • • - • • ... . -- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday 1.-- Neal t- Fltzoatrick &..--"" Weist ......- Bi lo v- Bradshaw ,.._ Otis ,.._ • • • • • -.-.,---- ( ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain ~~ay Neal v Fitzpatrick Weist Bi lo v Bradshaw Otis I a-. f)~'' • • • • • • .. - ROL L CALL Moved Seconded Ayes Nay Absent Ab stain Hi q dav I Neal T Fitzpatr ick I Wei s t 7 Bi lo --Bradshaw I Otis f • I • • • • • • - ROLL CALL Mo ve d Seconded Ayes Nay Absent Abstain Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis ~-ZJ~~- ~.r~ ~~ ~ jw ww-rP -1~.Wbu_~ -d /'Y'I ~ • - • I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday I v Neal T Fitzpatrick ' Weist I ' Bi lo -- 1..---Bradshaw I Otis I • • • • • .. - ROLL CALL Moved Seconded Ayes Nay Absent Abstain __!!~ay Neal Fi t~atrick Weist Bi lo Bradshaw Otis ~g•t ~~(~) -of~~ -~ ~ ~pul;;.f-,..4--to du;~ ~b ~~~ /+CD ~ t (_, (Si, t90 • I . ROLL CALL Moved Seconded Hiqday Neal ......... Fl tzoatrick Weist Bi lo v-Bradshaw Otis ~~ ~-/71<-/((f q Z-0, ~c?f 4 ~* no • • • Ayes Nay Absent Ab t . s a1n I I I I -I I • • • • • • • ROLL CALL Moved Seconded Ayes Na y Absent ..-Hi gday I Neal I Fl tzoatrick I Weist f Bi lo -v Bradshaw f Otis I ~ ~0 p Pr c o ~ ct2. :r ~-'t • Abstain • • • • • ROLL CALL Moved Seconded en Ayes Nay Abs t Ab statn Hlgday 7 Neal I Fi tzoat rick I Weist I Bi lo ---/./ Bradshaw I Otis I I • • • • • ROLL CALL Moved d d Secon e Ayes Nay Absent Abstain Higoay Neal Fi tzoatrick Weist __l!_i lo Bradshaw Otis ~· • • • • • ROLL CALL Moved s econded Ayes Nay Absent Abstain r-- 1-I 1-- iaday ~ Neal I T Fl ~zaatri-;;k We1 st -1---1 - -Rilo --- - - -----t -1 Bradshaw Otis 1-----1 1 =i j 3 . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQCay Neal Fitzpatrick Weist Bi lo Bradshaw Otis -, • • • • • ROLL CALL --- I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday Neal Fitzpatrick Weist Bi lo Bradshaw Otis • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ---;:::: Neal ........ Fl tzpatrick - Weist Bi lo -Bradshaw Otis • I • • • • • ROLL CALL Ayes Na y Absent Ab s tai n Hlgday ----. v--Neal v Fl tzoatrick Weist Bi lo Bradshaw ~ Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain !11 gday Neal -v Fitzpatrick Weist Bi lo -.....-Bradshaw -Otis - • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal L ~ Fitzpatrick Weist -Bi lo -v Bradshaw ~ Otis _. • • • • • • • ... ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ~ Neal --Fltzoatrick Weist -Bi lo -Bradshaw -.. Otis - • • • • • - ROLL CALL Moved Se conded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist Bi lo Bradshaw Otis ~J ~ ~--t L S I-f 0 tQ_ --cL ,ddj ~ ~ /V<- ~ ~~ ~ck.. t..~ ~ • • • • • ROLL CALL Moved Seconded Ayes N ay A Hiqdav Neal Fitzpatrick Weist Bi lo Bradshaw Otis (b ) }0-L "6 'P 0.; '(lE ~ ~ ~ L0c/ ~ ~y ~ ~~j bsent Abstain • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ""' H1gday Neal ,_,_ Fi tzoatrick Weist Bi lo Bradshaw Otis • • • • • • .. . ROLL CALL Moved '7 Sec~nded Ayes Nay Absent Abstain Hlgday Neal I -Fitzoatri ck 7 We ist I Bi lo -Bradshaw Oti s \: I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday -, Neal I Fitzoatrick I Weist 7 Bi lo I Bradshaw \: Otis I ' ~ • • • • 1e-. • • • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain ...... H [Qday I Heal ·I Fitzoatrick I Weist I Bi lo -,__....... Bradshaw I Otis I I . • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday .... Neal ) ~ Fi tzoatrick 7 Weist Bi lo -v-Bradshaw , Otis 7 b-. I . • • , . • .. ROLL CALL Moved Seconded Ayes Nay Absent Abstain l/' Hiqday Neal L--Fl tzoatri ck Weist Bi lo Bradshaw Otis • • • • • ROLL CALL Mov e d Seconded Ayes Nay Absent Abstain Higday I Neal I "' Fitzpatrick I Weist Bi lo -v Bradshaw I Otis I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday I Neal I Fitzpatrick T Weist Bi lo -Bradshaw I Otis 7 I . • • • • .. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday r Neal ,_-' Fl tzoatrick Weist 1 Bi lo -a,...---Bradshaw I Otis f I • • • • • , . • .. . ROLL CALL Moved Se conded Aye s Nay Absent Abstain -Higday -Neal Fitzoatrick Wei s t Bi lo Bradshaw I Otis I ~I • • • • • • • ROLL CALL Seconded Ayes Nay Absent Abstain HigcJay Neal I ,__ Fitzpatrick I \ Weist I Bi lo -y Bradshaw I Otis I 0 • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal • I ~ Fitzpatrick I Weist I Bi to -[...... Bradshaw 1 Otis 7 , • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday l Neal I -v Fi tzoatrick 7 Weist I Bi lo -Bradshaw I Otis I 0 I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlqelay I Neal I Fl tzoatrick ( Wei s t Bi lo - L...--"" Bradshaw I Otis I 0 • • • • • •' • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hi qday Neal Fltzoatrick Weist Bi lo Bradshaw Otis 0 I . . • • • • • ROLL CALL Move d Seconded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist Bi lo Brad~haw Otis I . • • • - ROLL CALL Moved Seconded Ayes Nay Absent Absta i n Higday Neal l M ,__... Fl tzpatrick 1 Wei st I Bi lo I -· v--Bradshaw I Otis I 0 I . • • - ROLL CALL Moved Seconded Ayes Na y Absent Abstain Higday I Neal 7 Y' Fltzoatrick l Wei st I Bi lo -17' Bradshaw I Otis f ~ ;6U-Z~ ~~==rF~-1 t! s~ <f roq . fj{) <-~ ~L.a ;sj ()16. • 0 • • • • - ROLL CALL Moved Seconded Ayes Na y Absent Abstain __!!igday Ne al Fl tzoatrick Wei s t Bi lo Bradshaw Ot 1 s .~ • f: • • • • COUNCIL CHAMBERS I~ REGULAR MEETING: City of Englewood, Colorado October 17, 1983 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 17, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. Mayor Otis led the pledge of allegiance. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * Also present were: * * * * * * * City Manager McCown Assistant City Manager Vargas City Attorney DeWitt Fire Chief Broman Deputy City Clerk OWen * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPR OVE THE MINUTE S OF THE REGULAR MEETING OF OCTOBER 3 , 1983. Council M mber Fl zpa ric s c-onded the moti on. Council Memb r N al noted a coer ction to paragraph. Mr . Neal sta ed h prop r spelling of name was •w a tees •, The name pp aced m1aap lled. N al informed th Council he had ri n the let er page 11, the gen Council to Me. Wa fourth leman 'a M eber era. Bo h Council Memb rs Bradsha w and Fl zpatrlc approved th coer c ion . Upon a call 0 h roll, he YO e r aul ed a follo ws: Ay a: Coun c il M 11 ra al, zp ric • fa , Bilo, Bt daha , 0 Sa. • • • • • October 17, 1983 Page 2 Nays: None. Abstain: Council Member Higday. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors on the agenda. * * * * * * * Mayor Otis asked if there were any other visitors wishing to speak to Council at this time. Peter Juenemann, 1816 West Dixie Place, Denver, came for- ward. Mr. Juenemann stated he was president of the non-emergency employees association and was present on the association's behalf to express objection to Council Bill No. 35, in particular, paragraph 4 which would require employees to notify the City of Englewood of any part time work an employee is engaged in. Mr. Juenemann stated the provision was a violation of rights and discouraged passage as written. Council engaged Mr. Juenemann in a lengthly discussion con-cerning his comments. City Manager McCown explained when Council adopted th ad- ministrative procedures wh ich includ d outside employm nt, the past EEA president, Julie Stark, asked Council to r examine the provision of outsid employm nt. Mr. McCown stated this council bill wa s the product of special commit ee review. The provision wa s not intended to b an approval procedure, it is a no ice procedure to infora the City if an employee plana to work a part tiae jo b. Mr. Co wn stated i was important to be put on notice in case there ia a conflict of interest or working hours. re: * • • • • • • •co unicatlona -o Ac ion R co nd d• on th (b) Mlnutea o M y 25 and Houalng Au orl v • 2 , 1983. In 1 o loard ln o rvlc: C I 1 • Octobe r 17, 1 983 Page 3 (c ) (d ) (e) (f ) • • .. Minutes of the Urban Renewal Authority meet- ing of September 7, 1983. Minutes of the Water and Sewer Board meeting of September 17, 1983. Minutes of the Planning and Zoning Commission meeting of September 20, 1983. Memorandum from the Director of Libraries to the City Manager co ncern i ng her attendance at the Ameri c an Library Association Conference in Los Angeles from June 25-30, 1983. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE •coMMUNICATIONS NO ACTI ON RECOMMENDED• AGENDA ITEMS 5(A) -5(F ). Council Member Nea l s e c o nded the mot i o n . Upon a call of the roll, th e vot e re su lted a s follo ws: Ayes: Nays: Co un cil Member s Higday , Neal , Fitzpa t rick , Weist , Bilo , Br adsha w, Otis. No n e. The Mayor declared t h e mo tion ca rr i ed. * * * * * * * City Manager McCo wn presented p r ojects for the State Highway Department Work Program for Fiscal Y ar 198 4/1985 and requested the proj cts be referred to Arapahoe County Commissioners for their con- sideration . The proj eta w r improvements to South Broad w y, th interchang a Dartaouth and Santa Fe, th sheeting on U.S. 285 in h vicinity of South Pearl Street, he U.S. 285 Ithaca Avenue coup- let, lef -turn lanes at entranc s to ajor developments and a inter- s ctions, and upgrading he intersection of u.s. 285/South Univ ratty Boulevard to doubl let -urns and ree-flow righ turn lanes. COUNCIL tMB R RADSHAW MOV D Coun c il M mb r ilo s conded the mo ion. the vote resul d as follows: TO APPROV Upon a call TH! PROJECTS. of the roll, Ayes: Council Me bers H gday, e 1, itzpatrick, W is , Bilo, Bradsh w, 0 is. on • yor d clar d the o ion c rrl d. • • October 17, 1983 Page 4 * * * * • • • * * * Mr. McCown presented a recommendation from Recreation Commission that solar heating be added to center. the Parks and the community COUNCIL MEMBER BRADSHAW MOVED TO ADD SOLAR HEATING TO THE COMMUNITY CENTER FOR THE SWIMMING POOL AS AN ALTERNATE OPTION TO THE BID PACKAGE. Council Member Fitzpatrick seconded the motion. Council Member Bilo spoke in opposition on the basis he could not see solar heating reducing the operating cost. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Board of Career Service Commissioners concerning their recom- mendation regarding Council Bill No. 35. The recommendations were to add an introductory sentence to Section 5-26-3 to read: •outside employm nt and self-employment are us d interchangeably.•; and to revis Sec ion 5-15-38, paragraph 4 to read: •Any employee who is rehired will regain his or her seniority whi ch existed at the time of his or her jo b teraination after completion of on year continuous •Ploya n with the City.• COU CIL MEMBER BRADSHAW MOVED TO RECEIVE THE COUNCIL COM- U lCATIO • Council M mber itzp trick a conded th motion. Upon a call or h roll, h vote resulted aa follows: Ayee: Council bera Hlgday, Ne 1, Fitzpatrick, 1st, Bilo, Br dahaw, Otl . ays: one. Th yor d clared th •o ion carried . * • • • • • * BY AUTHORITY • I • • October 17, 1983 (t Page 5 ORDINANCE NO. 51 SERIES OF 1983 • • • COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZARD- OUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER 1, TITLE II, TO THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1983, ON FINAL READING. Council Member Bradshaw 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. ORDINANCE NO. 52 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE COUNTY SHER- IFF'S DEPARTMENT FOR MUTUAL AID IN HAZARDOUS SUBSTANCE INCIDENTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1983, ON FINAL READING. Council Member Neal s cond d th otion. Upon a call of the roll, th vote resulted as follows: Aye : Nays: Council Members Higday, Neal, Fitzpatrick, Wei t, Silo, Bradshaw, Otis. None. The Mayor declar d the otion carried. ORDINANCE NO. 53 s RI s or 1983 * • * * BY AUTHORITY * • * * COUNCIL ILL NO. 54 INTRODUC D Y COUNCIL I • • ' October 17, 1983 Page 6 • • • MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE REGIONAL LI- BRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZENS OF ENGLEWOOD AND THE COUNTY. COUNCIL MEMBER FITZPATRICK~TO PASS COUNCIL BILL NO. 54, SERIES OF 1983, ON FINAL READING~ncil Member Bilo 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 carr i ed. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTH ORITY * * * COUNCIL BILL NO. 35 I NTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTIONS 5-26-3 (1), (4 ) AND (5) AND 5-2 6-5(8) AND SECTION 5-15-38, PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMENT PROVISIONS OF THE ADMIN ISTRATIVE PROCEDURE S . COUN C IL MEMBER FITZPATRICK MOVE D TO PA SS CO UN CIL BILL NO. 3 5, S ERIE S OF 1 98 3 , ON FINA L READIN G . Coun cil Member Neal s e c onded th e motion. CO UN CI L MEMBER NEA L MOVED TO AM END TH MOTION AN D DI RE CT THE CI T Y ATTO RN EY TO I NCO RP ORA TE TH E CHAN GES I 5-26-3 CO NCE RN ! G T HE DEPI ITIO N OF OU TSIDE EMP LO YM ENT AS AN I TRODUCTORY SE NTE NC • Coun- cil Me ber Higday seconded the •o ton . Upon a call of the roll, the vo e resulted as follows: Ayes: Nays: Council embers Hlgday, al , Flttpatrlck , W 1st, Bllo , Bradaha , Otis. None . Th Mayor d clared the otlon earrl d . • • October 17, 1983 Page 7 • • • COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 35, SERIES OF 1983. Council Member Bilo 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 • ORDINANCE NO. SERIES OF 1983 * * * .. BY AUTHORITY A BILL FOR * • .. COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON, LIT- TLETON FIRE DEPARTMENT, PROVIDING FOR MUTUAL AID/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 56, SERIES OF 1983, ON FIRST READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council M mbers Higday, Neal, Fitzpatrick, Weist, Silo, Bradsha w, 0 is. None. The Mayor d clared th motion carried • ORDINANC O. SERI S 0 1983 ANC TO UIR • • BY A • • .. AUTHORITY ILL P'OR • • COU NCIL BILL o. 55 INTRODUCED BY COUNCIL MEMBER NEAL WA ST WATER AND lT BY SETTING P'O T IAL WA ST AT R, I • - ( October 17, 1983 Page 8 • • • TING SEWAGE TAP FEES AND CHARGES AND BY CLARIFYING THE REQUIREMENTS FOR CONNECTION TO THE PUBLIC WASTEWATER SYSTEM BY ADDING CHAPTER 5, TITLE XV, OF THE ENGLEWOOD MUNIICPAL CODE OF 1969, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 55, SERIES OF 1983, ON FIRST READING AND TO SET A PUBLIC HEARING ON NOVEMBER 7, 1983, AT 7:30 P.M. 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. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE OF COLORADO, THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR THE RECONSTRUCTION OF ENGLEWOOD'S CITY DITCH. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 57, SERIES OF 1983, ON FIRST READING. Council Member Bradshaw seconded the •otion. Upon a call of the roll, the vote resulted as follows: 0 OI S RI Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The May or declared the o ion carried. * * * * BY AUTHORITY NO. 1983' __ _ * • * * COUNCIL ILL NO. 58 INTRODUC D Y COUNCIL MtMBER BRAD RAW I • -• • • October 17, 1983 ( Page 9 A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PRO- VIDING FOR THE RELOCATION OF ENGLEWOOD'S CITY DITCH. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 58, SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weis t , Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt discussed the case of Kubacki vs the City of Englewood concerning municipal court rules. Mr. DeWitt re - commended appeal of the latest ruling on this case to determine whether and when the municipal court rules have to be followed. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO APPEAL THE LATEST RULING CONCERNING KUBACKI VS THE CITY OF ENGLEWOOD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, W i st, Silo, Bradshaw, Oti s . None. Th Mayor de cl ared th motion c arried • * * * * * • * Ci y Atto r ney De Wit reported he Soon Ye Scott case wherein Council denied a ••••age parlor license was upheld b y the District Court. Further , the District Court ruled it was not a viol tion of Ms . Scott 's rights for a Council Member to tep down from the offi- ci 1 position in order to apeak as a citizen in o pposition to the license iasuanc • RESOLUTIO S RI S 0 o. 49 198 • * • • • • • • I • • • , • • • October 17, 1983 Page 10 A RESOLUTION HONORING EFFORTS OF CITIZENS WHO HAVE CONTRIBUTED TO THE STRENGTH AND DEVELOPMENT OF ENGLEWOOD DURING ITS 80-YEAR HISTORY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1983. Council Member Fitzpatrick 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 asked for additional information con- cerning the Firemen's Ball. * * * * * * * No further business was discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:45 p.ll • • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE November 7 . 19 83 AGENDA ITEM ~A SUBJECT Award of Contract for Sol ids Processing Facility Improvements INITIATED BY William F. Owen PhD P.E. Director of Watteyater Treatment ACTION PROPOSED Council tg approve and ayud contract fqr constmc•ian qf Solids Prgceaaina Facility Improvements to Robert McKee Inc of fngleyood, Colo. INT ROD UCTION: The Wastewater Treatment Department is requesting approval and award of a construction co ntract to the low bidder (of seven), Robert, McKee, Inc, 5975 South Syracuse Street, Suite 100, Englewood, Colorado 80111, for a sum of 5920,000.00, and authorizing a total expenditu re s limit on this project of $2,454,000 to cover equirment purchase and other expenses. BACKGROLrnD: Earlier th is year the ~ity council approved purchase of ce ntri fuge and ancillary equipment from the City of New York, and the co ncept of renovating the existing solids processing facility to employ modern, more efficient dewaterinR equipment. The original estimate for this work was $3,754,000, distributed as 51,014,000 for the centrifuge equipment and associated rehabilitation and ahipping, $2,500,000 for construction costa nd other associated equipm nt, and $240,000 for conatruc t ion engineering aervicea. We estimate the coa ts for other quip nt will be leas than $200,000 hence leaving $2,300,000 fo r construction activiti s out of the o rig inal eatir..ate. As you will recall, the purpoae of the dewatering facilities is to increaae salida handlinR capacity and reduce ultimate dispo1al costs. The added d v aterin equipm nt will reduce trucking require nts from the pre• nt 11 -13 load1 per day to 2 loads n r i "· We estimat the net effect will be a reduction in o p ra ing xn n ~• on the o rder of $200,000 per year , re1ulting in a rapid pay - h ac on inv,.~r ,.,••t . l h bov the ori inal coat e1tia at tor rhie 1 oll ov1 : C ntrifu e Equipm nt Oth r Eauipt1 nt Conetruc tion n•in rin• Conetruc ti on Co e a To al Co etl s 1,01 ,000 200,000 2 0,000 2 ,300,000 . 7 ,000 r VAl • • • .. Page 2 Nove~ber 7. 1983 Award of Contract for Solids Proccessing Facility Improvements We received seven bids for the subject construction costs distributed as follows : 1. Robert McKee , Inc . 5975 South Syracuse Street Suite 100 Englewood, Colorado 80111 2. Huxtable-Hammond Co., Inc. 2750 South Vallejo Englewood, Colorado 80110 3. Jarvis International Building 313-2934 Arnold Avenue Salina Airport Industrial Center Salina, Kansas 67401 4. Harris Mechanical 35 68 Peoria St. Suite 606 Aurora, Colo rado 80010 5. Summit Contractors 5570 East Yale Avenue Denver, Colorado 80722 6. M.A. Mortensen 10403 W. Co lfax Ave , Suite 540 Lakewood, Co lorado 0215 7. Robert Du n Co nstru ctio n 2100 S. V lentia Street Denver, Colorado 0231 $ 920,000 927,000 939,800 987,150 1 ,009,000 1,058,000 1 ,107,000 estimate. The low bid, $920,000, is less than half of the ori inal constructi o n DISCUSSIO N: The l ow bidder, Rob rt HcK , Inc ia a Dallas-bas d construc tion f1rm founded in 1913 1nd sinee bou~ht ou t in 1973 by anta Fe Industries, Inc. Th~y do construction or national! , ut focus in the wes . In 19 2, the firma n t worth was $71,~15,000 and th~v co pl t d $263 million worth of con1truction. Th~y have unlimited ndinc c1p1biliti nJ th inn 1 vice pr 1id nt, th 1 d proj ct n1 r, nt to •• 11 heir un rst n in• o th proiert nd rmor~, w~ contac t d s veral rtferenc 1 of paat work. McKe , rnc . will do o d work r r th and it pp 1r1 th y int~nd to us thia in thi1 lucrativ ronatruc inn r• ion. it ro • rnc . , In with th ir reaularlv a c h d- ualy r en •nd•rl I • -• • • Page 3 November 7, 1983 Award for Contract for Solids Processing Facility Improvements Additional funds will be needed beyond construction costs, as summarized in the following: Construction Engineering and Management Other Equipment Centrifuge Purchase and Rehabilitation Construction (McKee) Contingency (3.4%) Total Authorization $ $ 240,000 200,000 1,014,000 (previously auth.) 920,000 (this contract) 80,000 2,454,000 Conetruction engineering, inepection and management will be $240,000. Aleo, the conetruction project ia baaed on the Citiea purchaaing aeveral itema directly to eave coats and improve selection. These itema include: 2 progressive cavity pumpa, 1 centrifugal pump, and 1 or 2 eludge hauling vehicle• (depending on need). Coats for these itema are expected to be leae than $200,000. Council has already authorized expenditure of $1,014,000 for purchaae and rehabilitation of centrifuge equipment, a project currently underway and on budget. Finally, we show a emall contingency requeat of $80,000 (3.4%) to cover poaaible unforeseen expense overruna. The total requeat ia for $2,454,000, which is $1,300,000 lese than the original engineering eatimate. CONCLUSION/RECOMMENDATION : The low bidder , Robert McKee, Inc . met all the requirement• of the btd specification• and submitted appropriate inaurance and bid forma. Baaed on our review of thia firm and their principal subcontract o rs , we are quite confident they will do a good job at a fair price. We recommend council award the Solida Handling Improvements contract to the low bidder, Robert McKee, Inc . for the aum of $9 20,000 . We further recommend the council authorize a total expenditure limit for thi1 project of $2 ,454,000 . I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Novembe r 7, 1983 AGENDA ITEM SUBJECT Award of Purchase of Basket INITIATED BY William F Owen pbp p E pjrp c t o r p f Was tew ater Treatment ACTION PROPOSED Co pncjl to approve and pwprd purchase o f p sl p d8e pump from INTRODUCTION: The Wastewater Treatment Department is requesting approval and purchase of one sludge pump f rom the low bidder (of five) PACO Pumps for a sum of $2,758.00. BACKGROUND: As a component of the Solids Processing Facility Improv menta, the cities solicited proposals for sale of sludge pumps directly from capable equipm nt vendors. This award is for one centrifugal sludge pump. A second and aeparste award will be forwarded for purchase of two progressive cavity sludge pumps. FINANCIAL DETAILS: We received five bids for the subject sludge pumps as follo PACO Pumps P.O. Box 12924 45 92nd Avenue Oakland, California 94604 All is-Chal rs T d D. Miller Associates, Inc. 2140 S, Ivanhoe Stre t Denver, Colorado 0222 Utility Control & Equipment Corporation JSOOO W 8t 64th Av nu C~ld n, Colorado 0302-7599 re Pump, Inc. Joli t 8023 Par ount .quipm nt Corpora ion 1 Harehall Pla~e etain• er, Colorado 00 0 • $2,758.00 3,208.00 3,390.92 4,965.00 5,0 .00 • • • • • • • ?age 2 November 7, 1983 ~ward of Purchase of Basket Centrifuge feed pump Processing Faciljty Imprnyements for the Solids The engineer's estimate was $10 ,000 for this equipment, and appropriat e funds were included in a previous action for construction of the Solids Proces sin g Facility Improvements to cover this expense. DISCUSSION: The low bidder , PACO Pumps, met all specifications, excepting minor submital requirements on insulation, which are being resolved at present. After careful review the designer , HDR , recommended purchase of this equipment from the low bidder PACO Pumps . RECOMMENDATION: We recommend council award the purchase of one centrifugal sludg e pump to PACO Pumps of Oakland, California, for a sum of $2,758.00. I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM November 7, 1983 SUBJECT Award of Purchase of Progressive Cavit y Sludge Pumps for t he Solids Proces- INITIATED BY William F. Ow e n, Ph D., P.E . Dire c t or of Was t ewa t er Treatm ent ACTION PROPOSED Council to a pprove a nd award pur chase of t wo sludge pumps from Nemo Pum s INTRODUCTION: The Wastewater Treatment Department is requesting approval and purchase of two sludge pumps from the second low bidder (of four) NEMO for a sum of $14,410. BACKGROUND : As a component of the Solids Processing Facility Improvements, the c 1t1es solicited proposals for sale of sludge pumps directly from capable equipment vendors. This award is for two progressive cavity alud~e pumps. A second and aeparat award will b forwarded for a ce ntrifu~al sludge pump . FINANCIAL DETAILS: We received four bids for the 1ubj c t slud~e pumps as follows . n 1 "' r , i1 l ABS Pumps 140 Pond Vi w Driv M ridan, Conn 0 SO 0 Pumpl Pick rin Cr k Industrial Park Lionville, P nn. JQ 53 Industrial !)riv nvill , lllin it 10 0 io S50 1 xp nt • $ 13,940 1 ,410 1 • 910 1 • 0 fo thia qui nt, and appropria c ne rueti n o th Sol 1 Pro eeein • • • Page 2 November 7, 1983 • • .. Award of Purchase of Progressive Cavity Sludge Pumps for the Solids Processing Facility Improvement DISCUSSION: The low bidder, ABS Pumps, did not meet specifications because of excessively high operating speed. After careful review, HDR recommend we not include the low bidder in further consideration due to excessive wear which would result from the low-cost, v-belt speed reducer proposed by the low bidder. All other bidders met specifications, and hence we recommend award to the second low bidder, NEMO for a sum of $14,410. RECOMMENDATION: We recommend council award the purchase of two progressive- cav1ty sludge pumps to NEMO for a sum of $14,410 . • • ' ' ORDINANCE NO. sr SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE TO REGULATE THE COLLECTION OF WASTEWATER AND TREATMENT THEREOF TO PROVIDE FOR MAXIMUM PUBLIC BENEFIT BY SETTING FORTH UNIFORM REQUIREMENTS FOR PRETREATMENT OF INDUSTRIAL WASTEWATER, BY SETTING SEWAGE TAP FEES AND CHARGES AND BY CLARIFYING THE REQUIRE- MENTS FOR CONNECTION TO THE PUBLIC WASTEWATER SYSTEM BY ADDING CHAPTER 5, TITLE XV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, it is necessary for the health, safety and welfare of the residents of the City to regulate the collection of waste- water and treatment thereof; and WHEREAS, the Ordinance enables the City to comply with all applicable state and federal laws; and WHEREAS, it is necessary to set forth uniform requ i rements for direct and indirect contributions into the wastewater collec- tion and treatment system; and WHEREAS, the Bi-City Sewer Plant will benefit from process i ng properly pretreated industrial wastewater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title XV of the Englewood Municipal Cod of 1969 (as amended), referenced "Wastewater Utility Ordinance", 1s h reby amend d by adding Chapter 5 to read as follows: 15-5 -1 : GENERAL PROVISIONS A. Sh ort T i tl This Ch pter shall Ordin nee." n . Purpos It u n cessa r y of the City to r he r o to prov l d Ord1nance • ts or h unifo r m con ribu ora 1nto h w st wa k no wn as he "Waste water U 111 y l • • • • .. for the City and enables it to comply with all applicable state and federal laws . The objectives are: 1. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the system or contami- nate the resulting sludge; 2. To preven t the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; 3 . To improve the opportunity ~o recycle and reclaim wastewaters and sludges from the system; 4. To provide for equitable distribution among users of the cost of the POTW; and 5. To provide for and promote the general health, safety and welfare of the citizens residing within the City and downstream users. The prov1s1ons herein provide for the regulation of d1rect and indirect contributors to the POTW through the issuance of permits and through enforcement of general requirements for all users , author1ze monitoring and enforcement activities, requ1re user reporting, and provide for the setting of fees for the equi- table distribution of costs resulting from the program es ablished here1n, and for enforcement. The provisions herein shall apply to th POTW and to p rsons outside the POTW who are, by contract or agr men with th POTW, users of th POTW. C. Definitions/Abbreviations 1 . Unless he cont xt specific lly ind1ca es oth rw1se, h following terms and phrases, s used 1n h1s ordtnance , hall h v _ th m n1ngs h re1naf er d sign t d: Ac , m ndm n • R g1on VIII Th Fed r 1 a er Pollu 1on Control th Clean W r Ac , includ1n the r Act of 1 77, P.L . 95-217. m an g1on 1 Ad in1s a or o 2 • • • .. Approval Authority shall mean the Administrator or, upon delegat1on of State Pretreatment Authority of Colorado, the Director of the Water Quality Control Division , Colorado Department of Health. Authority (Control Authority) shall mean the City of Englewood , Colorado. Authorized Re resentative of Industrial User. An authorized representat1ve o an 1ndustr1al user may be: (a) a principal executive officer of at least the level of vice president, if the industrial user is a corporation; (b) a general partner or proprietor if the industrial user is a partnership or proprietorship , respectively ; and (c) a duly authorized represen- tative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. Biochemical OxS~en Demand (BOD) shall mean the quantity of oxygen ut1l1zed 1n the1ochem1cal ox1dation of organic matter under standard laboratory procedure in five (5) days at 20.C, expressed in milligrams per liter. Business Classification Code (BCC) shall mean a classi- fication of dischargers based on the 1972 Standards Industrial Classification Manual, Bureau of the Budget of the United States of America. Chemical Oxygen Demand (COD) shall mean the measure of the oxygen equ1val nt of that portion of organic matter in a sampl that is susceptible to oxidation by a strong chemical oxidant under laboratory proc dures. Chlorine Demand. The moun of chlorin produce a fre chlorine residual of 0.1 mg/1 aft r a con act of 15 minutes as measured by th DPD (N, N, Di thyl-P-Phenyl Diamine) Method on sample at temp ratur of 20 d gr es C grade in conformance with Standard Methods. City shall m an the C1ty of Engl wood, Color do. Cod shall m n the Cod of h C1ty o commonly kno __ n __ s he £ngl wood un1cipal Cod o 1 or E.H.C. 1 a m nd d. nd d 1 oxyg n OOla, pH a ld n 1- 3 • • • •' • Composite Sam~le shall mean a representative flow pro- portioned sample collecte within a twenty-four (24) hour period constituting a minimum of four individual samples collected at equally spaced two-hour intervals and combined according to flow. Consistent POTW Treatment Works Removal, Pollutant Removal or Removal shall mean reduct1on 1n the amount of a pollut- ant or alterat1on of the nature of a pollutant in the influent of the POTW to a less toxic or harmless state in the effluent. Con- sistent POTW removal efficiency shall be the average of the lowest 50% of the removals measured. Contamination. An impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the environmental and/or public health through poisoning or through the spread of disease, as described in Standard Methods. Cooling Water. The water discharged from any use such as air condit1on1ng, cooling or refrigeration, or to which the only pollutant added is heat. County Health De~artment, Health Officer. Any r e fer-4 enc e i n this Article to theDepartment of Health" or the "Health ~ Department" shall mean the ~apiil!lM&Ae "' Uailth e£ A~rapahee Ce'dn'ey~l>-t'-''!7- Colorado. Any reference in this Article to the "health of flc er"A.t .t ~t tL shall mean the Health Officer of the Department of Health of ;~, Arapahoe County, Colorado, or h i s des1gnated representa t i ve . Di rector of Utilities shall mean the Di rector of Ut i l i ties (DU) for Englewood or his authorized representative , r e spectively. Director of Wastewater Treatment (DWT) sh a l l m an th e Di r ect or o f the Bi-C1ty and/or Englewood Treatment Plan Di rect Discharge. The discharge of treated or un- t r e ted was tewater d i rectly to the waters of the State of Colorado . D1scha rg e r. An y pe rso n who discha r ges o r cau es h d1scharge of wast wate r to the PO TW. D1scharg shall ~ an tha volum th plan wh1ch has been d ra1ned by the Direc a 1ve of the process efflu nt from that plant . b b s d upon m ter d water usage unless , 1n h D1r ctor, s1gnific nt mounts of water are d1v r charg d in o the wast w r tr atm n sys 4 of efflu n or to Such flu op1nion of d and no I • • • • .. .. Dissolved Solids shall mean that concentration of mat- ter in the wastewater cons1sting of colloidal particulate matter one m icr on in diameter or less, and both organic and inorganic molecules and ions present in solution. Department of Utilities shall mean the Department whi ch is responsible for the operation and maintenance of the wastewater collection system. Department of Wastewater Treatment shall mean the department which is responsible for the operation and maintenance o f the wa stewater treatment system. Domestic (Sanitary) Wastes shall mean liquid wastes (a) from the noncommercial preparation, cooking and handling of food or (b) containing human excrement and similar matter from the san it ary conveniences of dwellings, commercial buildings, industrial facili- ties, and i nst itutions. Env ironmental Protection Agency (EPA). The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administr ator or other duly authorized official of sa id agency. Existing User shall mean an industrial user wh ich is in operat1on at the time of promulgation of Federal Categorical Pretreatment Standards . Fecal Coliform shall mean any number of organisms common o the in estinal tract of humans and animals whose presence in sani ary sewage is an indicator of pollution. Fats, Oil or Grease (FOG) shall mean any hydrocarbons , fatty ac1ds , soaps, fats , waxes, o1ls , and any other material tha 1s x rae ed by freon solvent. Flow shall mean volume of wastewater. Garbag shall m an solid wastes from th domestic and commerc1al preparation, cooking and dispensing of food, and from th co mercial handl1ng , storage and sal of produce. m an he ha ln 5 • I • • • .. Grab Sample. A sample which is taken from a waste stream on a one-t1me basis with no regard to the flow in the waste stream and without consideration of time . Holding Tank Sewage. Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults, and vacuum-pump tank trucks. Incompatible (Noncoventional) Pollutant shall mean any nontreatable waste product, including nonbiodegradable dissolved solids. Indirect Discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 u.s.c. 1317), into the POTW (including holding tank waste discharged into the system). Industrial shall mean of or pertaining to industry , manufacturing, commerce, trade or bus iness , as distinguished from domestic or residential. Industrial Surcharge shall mean that charge assessed against industr1al customers based upon the amount that the strength of their discharged wastewater exceeds normal domestic strength in the parameters of BO~, COD, or TSS . Industrial User shall mean any user that discharges wastewater from industr1al processes not to include sanitary wastes. Industrial Wastes shall mean the liquid wastes from the ind ustrial manufactur1ng processes, trade, or bus ine ss as distinct from sanitary wastewater. Interference shall mean the inhibit1on or disruption of the POTW treatment process s or op r ations which contributes to a violation of any r quir menta of the POTW's NPDES Permit. Th erm 1nclud pr ven 1on oC sludge us or disposal by h POTW in accordance w1th s c ion •os of th Ac , or any cri ria, guidelln • or regul t1ons developed pursuant to the OA , he clean A1r Ac , the Toxic Subst nc s Control Act, RCRA, or more strlng nt at t cr1 eri applicable to th m thod of d1sposal or use mploy d by he POTW. • • • • • Jackson Turbidity Units (JTU) shall be the measure of the optical propert1es of a sample wh1ch causes light to be scattered and absorbed rather than transmitted in straight lines. any the National Pollutant Discharge Elimination System (NPOES) shall mean the program for issuing , conditioning and denying per- mits for the discharge of pollutants from point sources into the navigable waters of, the contiguous zone and the oceans pursu a nt to Section 402 of the Act. National Pollutant Discharge Elimination System Perm it (NPOES) Permit shall mean a permit issued under the National Pollutant Discharge Elimination System for Discharge of Wastewate r s to the Navigable Waters of the United States pursuant to the Act. National Prohibitive Discharge Standard or Proh i b i t ive Di scharge Standard. Any regulation developed under the author1 ty of 307(b) of the Act and 40 CFR, Section 403.5. Natural Outlet shall mean any outlet i nto a water course, pond, d1tch, lake or other body of surface or ground wa te r. Normal Domestic Strength Wastewater shall mean wast e- water when analyzed by Standard MethOds contains no more than 2 50 mg /1 of TSS, 300 mg /1 of COO, and/or 200 mg /1 of BOO. Person. Any ind i vidual, partnership, co-partner shi p, f i rm, company, corporation, assoc i ation, j o i nt stock company, tr ust, estate, governmental ent i ty or any other 1 g a l entity, o r t hei r leg a l representatives, gents or assigns. the mascul i n e ge nd e r shall i n cl ud e the fem i n i n ; the s i n gula r shall i nc lud the plural . ~ h 11 m an th int nsity of the acid or b s condl- lOn of a soiU ion , calculat d by tak1ng h logarithm of th r ciproc 1 of h hydrogen 1on cone ntra 1on xpr •• d in mol • p r 11 er of solu ton . • mple on (1) pl 1na 7 • andard by whtch color 1s produced by form of chloro- • • - Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radio- active material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste. Pollution. The man-made or man-induced alteration of the chemical, phys1ca1, biological, and radiological integrity of water. Pretreatment or Treatment. The reduc ion of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d). Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. Pretreatment Standards shall mean all applicable federal rules and regulat1ons lmplementing Section 307 of the Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall b applied. Public! Owned Treatment Works (POTW). The wastewater system owned by the C ty. Th1s def1n1t on 1nc u s any sewer that conveys waste water to the POTW treatment plants, except private wers. For the purpos s of this Ordinance, POTW sh 11 lso in- clude any sewers that convey wastewater to th POTW from persons outs1de th POTW boundaries who are by contract or agr ment with th POTW actually us rs of th POTW. ~~----._._.__c_o~n-Tt_r_o_l shall mean d1aposal by r leas into s ni ary sewer ms in accordance with Rul s and Regulat1ona publish Colorado Depar ment of Health and the s a of Color do. er 8 I . • • .. tions, or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface , and groundwaters are not intentionally admitted, including the pipe or conduit system and appurtenances, for the collection, transportation, pumping and treatment of sewage. This definition shall also include the terms "public sewer," "sewer system," "sewer ," and "collection line." Service Line (P rivate Sewer) shall mean the wastewater collector line extend1ng from the wastewater disposal facilities of the premises up to and including the connection to the sanitary sewer. Shall and Will are mandatory; May is permissive. Significant Industrial User shall mean any industrial user of the city's wastewater treatment system whose flow (a ) exceeds 25,000 gallons per day, or (b) exceeds five percent (5\) of the daily capacity of the treatment system, (c) is sub j ect to a surcharge for excessive BOD, COD and/or TSS as prov i ded for i n th i s Chapter, (d) has toxic material in its waste stream in tox ic amounts as defined in standards issued under Section 307(a) of the Ac t, or (e) is determined by the Director to have significant i mpact, either singly or in combination with other contributing i ndustries, on the treatment works such that the quality of the e ffluent, or sludges, from the treatment works deviates from the requirements set forth in the NPDES Permit issued to the C i ty, or such that interference wi th the treatment process or fac i lit i es wou l d resul S i gnificant Violator shall mean a person who rem a1 n s 1n n onc ompl ia nce with cond1tions of th i s Ord i nance forty-f i v e (4 5) da ys after not i f i c a tion of such noncompl i anc and which i s p r of a p t te rn o f non c ompl i ance over a twelv -month period or wh1ch in v ol v e s failu r to acc ur a tely repor t non c ompl ia nce . Sludg shall mean t he accumul ted s o li d s separat d !ro ltquids , such as wat r o r w stewate r, during p rocessing , or d poaits on bo a o! atr ams or other bodies of wat r , or h pr c1pita e re1ul 1ng fro ch ical tr atmen , coagula ion, o 1 dim n a 1on o wat r or waat wa er . or Slugload . Any d1 charge of wa r , a wag whtch , 10 concentration of any gtven con• lo , xce da for a n y o n p r1od of dura (15) m1nu ea mor han fiv (5) i (2 4 ) hour concan ra ion or flowa dur 1n 9 • • • • • • Standard Industrial Classification (SIC). A classifi- cation pursuant to the Standard Industr1al Class1f1cation Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Standard Methods. Procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater " as published by the American Public Health Assoc1at1on and the Water Pollution Control Federation. Elements of wastewater strength shall be measured by Standard Methods unless otherwise expressly stated. Standard Specifications shall mean the current spec ifi- cations used by the City of Englewood in the construction of public sewers. ~· State of Colorado. State Waters shall mean any and all surface and sub- surface waters which are contained in or flow in or through this State, except waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all waters withdrawn for use until use and treatment have been completed. Storm Sewer shall mean a sewer that carries only storm , surface and ground water drainage. Storm Water. Any flow occurring during or follow i ng any form of natural precipitation and resulting therefrom. Subdivider (Developer) shall mean any person who plats and improves undeveloped land for the purpose of industrial , commercial , or residential use. Subdivision shall mean ny undeveloped land which has been platted and is 1mproved for th purpose of industrial, commercial, or r sidential us • Sup rintendent. Th p rson d s1gnated by th C1ty to sup rvis the operation of the POTW and who is charged w1 h c rtain du ies and responsibil1ti s by this Article, or h1s duly au hor1z d repr sen at1v • o l suspend d mat r, expresse 1n tloats on the surface of , or 1s ausp o her llQU1dS , nd whtch is r movabl ccord nc w1th proc dur • a or h 10 • Th t or • • • - System Development Charge shall mean t hat charge assessed aga1nst new users of the wastewater treatment syste m to finance capital improvement of the wastewater treatment system. Total Metals shall mean the sum of the concentrations of Copper (Cu), N1ckel (Ni), Total Chromium (Cr), Zinc (Zn) and Cadmium (Cd). Total Solids shall mean the sum of suspended and dis- solved solids. Toxic Pollutant. Any pollutant or combination of pollutants l1sted 1n Schedule A as toxic or in regulations promul- gated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. ~· An exceptional incident in which a Discharger unintentionarry-and temporarily is in a state of noncompliance wi th the standards set forth in Section l5-5-7(A) hereto due to factors beyond the reasonable control of the Discharger, and excluding non- compliance to the extent caused by operational error, improperly designed treatment facilities, inadeq uate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Unpolluted Water shall mean water of qual i ty equal to or better than the State or Federal effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. User. Any person who contributes, causes or permits the contribut1on of wastewater into the POTW. User Classification shall mean a classification of us rs based on the 1972 (or subsequent) ed i tion of the Standard Industrial Classification (SIC) Manual prepared by the Fed ral Office of Ma nagement and Budget. V1scosity. The prop rty of fluid that resists internal flo w by releasing counteracting forces . llquid and 10n of h ed 1 . Sanitary as ewe r h 11 m an th comb1na 1on of ltqutd and wa er-e rr1 d wast • dlacharg d ro oilet and o her aani ary plumbing actli ies. ll • I • -• • ,. • 2. Industrial Wastewater shall mean a combination of liquid and water-carried waste, discharged from any industrial establishment and resulting from any trade process carried on in that establishment including the wastewater from pretreatment facili- ties and polluted cooling water. 3. Combined Wastewater shall mean wastewater including sanitary and industrial wastewater, storm water, infiltration and inflow carried to the POTW. Wastewater Discharge Permit shall mean the document or documents issued to a user by the City in accordance with the terms of this Ordinance. Wastewater Pretreatment Facilit shall mean any arrangement o dev1ces or structures use for treating wastewater before it is discharged into the POTW. Wastewater Strength. The quality of wastewater dis- charged as measured by its elements, including its constituents and characteristics. Wastewater Treatment S stem, Wastewater Utilit , or Wastewater System sha 1 mean: (a) any ev1ces, ac1 1t1es, struc- tures, equ1pment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes from within or withou the City, or necessary to recycle or reuse water at the most economical cost ov r th estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power, and other equipm nt, and their appurtenances, and excluding service lines; (b) xtensions, improvements, additions, alterations or any remod- eling hereof; (c) elements essential to provide a reliable re- cycled supply such as st ndby treatment units and clear well facilltles ; and (d) any works, including th land nd sites th t may be acquired, that will be an integral part of the treatment proc as or is used for ultimat disposal of res1du s resulting from such re tmen • w~ er Course ah 11 n any chann 1 in wh1ch a flow of w er occurs, i her continuously or interm en ly. 12 • • • • • Winter Quarter Water Use shall mean the average monthly amount of water del1vered through the meter of the user during th e following periods: WATER USAGE PERIODS FOR COMPUTING SEWER RATES INSIDE CITY MID MID BILL DATE GROUP III Nov. Feb . Mar. 1 GROUP I Dec . Mar . Apr . 1 GROUP II Jan . Apr. May 1 OUTSIDE CITY -DENVER WATER MID MID BILL DATE QUAD IV Jan. Mar. Sept. UAD III Dec. Feb. Mar. 1 I June 1 Sept. 1 I Dec. 1 OUTSIDE CITY -WILLOW WATER MID MID BILL DATE Dec. Feb. Jun 1 tion a nd Th !ollowin abbr viationa ah 11 hav h 1 . BOD 2 . c 3 . coo 4. CWA • q,) I l • • • • • 5. O&M -Operation and Maintenance 6. EPA -Environmental Protection Agency 7 . FOG -Fats, oils and grease 8. 1 -Liter 9. mg -Milligrams 10. mg/1 -Milligrams per liter 11. NPDES -National Pollutant Discharge Elimination System 12. POTW -Publicly Owned Treatment Works 13. SIC -Standard Industrial Classification 14 . SWDA -Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. 15. TSS -Total Suspended Solids 16. USC -United States Code 17. USEPA-United States Environmental Protection Agency 18. BAT -Best available technologies 19. BMP -Best management practices 20. BPT -Best practical technologies 21. RCRA -Resource Conservation Recovery Act 22. PIF -Plant Investment Fee 23. NCPS -National Categorical Pretreatment Standards • • • • • • • 15-5-2: GENERAL REGULATIONS A. Supervision l. The Director of Utilities shall be responsible for the management of the wastewater collection system served by the City and all of the property pertaining thereto. He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local, state and federal regulations for collection of wastewater and shall perform all other duties in connection with such system as may be required. 2. The Director of Wastewater Treatment (DWT) shall be responsible for the management of the Bi-City and\or Englewood wastewater Treatment Plant and all of the property pertaining thereto. He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local , state and federal regulations for treatment and discharge of wastewater and shall perform all other du t ies i n connection with such system as may be required. 3. The Director of Utilities and Director of Wastewater Treatment may adopt rules and regulations in their respective areas of responsib i lity, jointly or individually, consistent with the provisions of this Article for the adminiRtration of the wastewater system. Rules and regulations adopted shall pertain to, but shall not be l i mi ted to, discharge, limitat i ons, pretreatment require- ments, st ndards for installat i on of wastewater l i nes and services, and implement a tion of standards promulgated pursuan t to the Act. In esta bl i sh i ng such rules and regulat i ons, t hey s h all es t abl 1 sh s tand a rds that will assure safe, eff i c i ent operat1 o n of t h e wa ste- wa ter sy s t m, wastewater tr atrnent process or equ i pment, t hat will no t h a ve n dverse effect on the receiving water, or w i ll no t otherw i s nd ng r persons or prop rty, or const i tu a nu i sanc • 4 . The D1r ctor of Ut1lit i s, th D1r ctor of Wast wat r Tr atmen and t h e Di r ct or of F i n a n c e sh 11 k ep su c h records a n d prepare such re p orts conce r ni n g th was t e wa te r util1ty as the Ci y Man ger dir eta . The C1 y Manager ah ll keep th C1ty counc1l dv1s d of op rat1ons , f1nanc1al conditions and fu ur n eds of h 0 par n s and shall prepare and sub it to h C1 y Council , 1 as annu lly , a repor cover1ng th act1V1 1 s o th o p r - nta , 1nclud1n9 a at t ment o r venu a and exp nd1 urea of th pr c d1n9 y ar:. s. Tr Utilitl 1 a n d Oi r etor of Waa pow r o fo rm ulat and p r ulga he admin1stra 1on o hia Ord1na n e , shall no b nt wi h prov 15 • water rule• such • ons o • ( • • .. 6. If wastewaters containing any substance described in the following sections of this Code are discharged or proposed to be discharged into the wastewater system of the City or to any tribu- tary thereto, the DU may take any action necessary to: a. Prohibit the discharge of such wastewater; b. Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances so that the discharge does not exceed the limits set in Section 15-7-7(A) herein. c . Ensure pretreatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this Ordinance; d. Ensure that the person making, causing or allowing the discharge pays any additional cost or expense incurred by the City treatment system; or e. Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purpose of this Ordinance. 7. Any actual or threatened discharge of wastewater con- taining substances limited or prohibited by this Ordinance into the wastewater treatment system of the City which, by the determination of the Director of Utilities or the Director of Wastewater Treat- ment, presents an imminent or substantial endangerment to th health or welfare of persons or to the environment, or wh ich causes 1nt rfer nc with the normal operation of th wastewater tr atm nt system , may be immediately halt d or eliminated by either the Director of Ut1lities or the Director of Wast wa ter Tr atment. The 01rec or of Util1ties or the Director of Wast wat r Tr atm n may h 1 or eliminate such discharges by means of ny proc dur or m sur authorized by this Ordinance for enforcem nt of disch rg limita ions and prohibitions, or by means of physical disconn ction fro th was wat r treatment service. Such discharges may be hal ed or el1m1nated without regard to the complianc of the dis- charqe wi h oth r proviatons of thlS Ordinance. (8) Prohibttions 1. All wastewater sh ll b d1scharg d to h POT • prov1d d h r tn f er. XC pt w1 h1n Ci y, or 1n o Ct y for rea unlawful o dtscharg from any pr is • any area und r th )Urlsdic ton o th or Jurisdict on und r contrac w1 h h wa , in o and upon any publ c 1 • ( ( • • • highway, stream, water course, or public place, or into any drain, cesspool, storm or private sewer, or natural water outlet, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance and local, state and federal laws. 3. No person shall cause to be discharged or make a con- nection to the POTW which would allow any storm water, surface drainage, groundwater, water from unroofed drains, roof run-off, cooling water or other water into any sanitary sewer. No person shall cause any of the above mentioned water to be mixed with that person's sewage in order to dilute said sewage. 4. Storm water, surface drainage, subsurface drainage, groundwater, water from unroofed drains, roof run-off, cooling water or unpolluted water may be admitted to specif ical ly des ig- nated storm sewers which have adequate capacity for the accommoda- tion of said waters. 5 . It shall be unlawful for any person, in any wa y, to damage any property , equipment or appliance constituting or being a part of the City wastewater utility or for any person to trespass upon the property of the City, to tap any sewer main or to make any connections therewith, to deposit any type of refuse into manholes or in any manner to interfere with the wastewater utility or the property, equipment, manholes, piping or appliances of the waste- water collection system and treatment facilities. (C) Specific Prohibitions 1. No user shall contribute or cause to be contribut d d1rectly or indirectly , any pollutant or wastewat r wh ich will inte rfere w1th the op rat1on or p rformance of the POTW. Th s general prohibitions apply to all such us rs of a POTW, wh th r or not the user is subj ct to Natlonal Ca gor1cal Pretr a m nt S ndards or ny other national, a ate or local pretr dards or requirem n s. A user may not contr1but th substanc s o any POTW: a. their nature or by int rae ion b in)ur ous he POT • A s1on hazard 17 • • ( ( • • - substances which the POTW, the State, or EPA has notified the user is a fire hazard or a hazard to the system. b. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, ashes, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubri- cating oil, mud or glass, grinding or polishing wastes, and other like or similar materials. c. Any wastewater having a pH less than 5.0 or more than 9.0 unless the POTW is specifically designed to accommodate any such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equip- ment, and/or personnel of the POTW. d. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, to contaminate the sludge of any POTW systems, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include , but not be limited to, any pollutant identified pursuant to Section 307 (a) of the Act. e. Any noxious or malodorous liquids, gases, or solids which ither singly or by interaction w1th other wastes are suff1ci nt to pr v nt entry into th sewers for their maintenance nd repair. f. Any substance which may caus the POTW's efflu nt or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamatton process where th POTW is pursuing a reus and t clamation program. In no c se sh 11 substance discharg d to h POT caus th POTW o be in noncomplianc w1th th sludge us or d1sposal cr1 eria , guidelines , or re ulations afCecting sludg use or disposal. 1 s NPD S Any subst nee wh1ch w1ll cause the POT to v1olate or th rece1v1ng water quality standards. 18 • • • • • h. Any wastewater with objectionable color not remov- able in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. i. Any pollutants, including oxygen demanding pollu- tants (BOD etc.) which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concen- tration, quantities, or flow during normal operation. j. Any wastewater containing any radioactive wastes or isotope of such halflife or concentration as may exceed limits established by the Director in compliance with applicable State Rules and Regulations Pertaining to Radiological Control, published by the Colorado Department of Health, State of Colorado. k. Any wastewater which causes a hazard to human life or creates a public nuisance and is not contained in the wastewater system. 1. Any wastewater having a temperature which will cause the temperature of the influent to the wastewater treatment plant to exceed 104 degrees F and/or inhibit the biological activ- ity in the POTW. m. Any water or waste which contains grease or oil or any other substances that will solidify or become discernably vis- cous at temperatures between 32 degrees F. (0 degrees C) and 150 degrees F (65.5 degrees C). n. Any water or waste containing free, floating or insoluble oil. o. Wastes from septic tank pumpage or vaults except at locat1ons permitted by the Director of Wastewater Treatment. p. Waters containing garbage th t has not been ground or commtnuted to such a degree that all particles will be carried freely 1n suspension under conditions normally prevailing in public sewers. Solid parttcles shall be no more than one-half inch (1/2") 1n any dimension. q. Unusual cone ntrations of diasolv d solids. Any wast water conta1n ng 800, total solida, or racter and quanttty that unusual etten- to h ndle such ater1als at th waste- ded , how ver, h t a us r may b p agre ment with he POTW which gre 1 • I • ( • • • to discharge such BOD or TSS may provide for special charges, sur- charges, payments or provisions for treating and testing equipment. s. Ammonia nitrogen or substances readily converted thereto, in amounts that would cause the POTW to fail to comply with its NPDES Permit. 2. Any material or substance not specifically mentioned in this section which in itself is corrosive, irritating, or noxious to human beings and animals, or which by interaction with other water or waste in the public sewer system could produce undesirable effects or create any other condition deleterious to structures, treatment processes, and quality of the receiving stream, is hereby prohibited. 3. Any material or substance entering into the public sewer which interferes with the treatment process even if it is within the concentration limitations stated in 15-5-7(A) may be prohibited upon written notice by the Director of Utilities. 4. The Director of Utilities with the approval of the Director of Wastewater Treatment may grant a variance from the provisions of this Chapter to those persons applying for such a variance in accordance with the rules and regulations published by the Directors. Variances may be considered under the following circumstances : ( a. Compliance with the prohibited discharge provi- sions would impose an undue hardship on the person discharging wastes to the POTW; b. Acceptance of the discharg does not adversely affect the POTW. (D) Federal Cat gorical Upon the promulgation of the Federal Cat gorical Pretreatment Standard for a particular industrial subcategory, th Federal Standard, if more stringent than limitat1ons 1mpos d her in for sources in that subcategory, shall immediately supersed the limitation impos d herein. The 01rector of Utilities shall notify 11 aff ct d users ot he applicable reporting r quir nta. ( ) 1ona No person shall diacharg waatewa er containing pollu ants ln xceaa of the LIMITATIONS ON DISCHARGE, as set forth in 15-5-7 (A). 20 • • ( ( • • .. (F) State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those contained herein. (G) POTW's Right of Revision No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (H) Excessive Discharge No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (I) Accidental Discharges Each user shall provide protection from accidental dis- charge of prohib ited materials or other substances regulated herein. Facilities to prevent acc i dental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense . In the case of an accidental discharge, it is the responsibility of the user to immediately notify the Director of Utilities and the POTW of the incident. The notification shall include location of d1scharg , type of waste, concentration, volum , and corr ct1v act ons. Within five (5) days following an accidental discharge, th user shall ubmit to the DU a deta1led wr itten report d scr1b1ng the cause of the discharge and the m asur s to b taken by the us r to prevent similar future occu rrenc s. Such not1fic t 1on shall not relieve the user of any e xpens , loss, damage, or oth r liability which may be i n cu rr d as result of da ag to the PO , fish kills, or any other damag to p rsons or property, and such us r shall b liable th r for, nor shall such not1f1ca 10n r 11 ve the user of any fines, civ1l p nalties , or other l1a b1l1ty wh1ch may be imposed by this Ordinanc or other appltcabl law . Failure to report acc1d ntal diach rge may , 1n add1t1on to any other r m dies , r sult in th revoca 1on of th d11charg r'• waltewater dilcharge p rm lf the PO 1a f ned by h State or Federal government• for violation of h POTW's NPDES P r•i or vlola ion of Wa er ual1ty Standards a• the reault of a sp1ll or 1ntent1onal slug discharge of a tox1c pollutant, then th f1n , includlng all POTW legal, aampl1ng, analyttcal testing co ta and any oth r rela d coats ahall b charg d o the reaponaible ua r. 21 • • • ( ( • • .. - (J) Discontinuance of Privy Vaults, Cesspools, and Septic Tanks and Outhouses 1. Connection Required: All improvements now using pr i vies, vaults, outside to1lets, cesspools, septic tanks, grea t e traps, leach fields or other sewage disposal facilities in the City, or hereafter in the City, shall be connected with the public sewer lines of the City or of any sanitation district in the City, provided such public sewer line has been brought within four h undred feet (400') of any part of such dwelling or improvement requir i ng sewage disposal service, and provided that such connec - ti on s h all only be required when such privies, vaults, outside t o i lets, c esspools, septic tanks, grease traps, leach f i elds or other sewage disposal facilities fail to function properly so that t hey have to be repaired so as to make them usable. 2. Abandonment of Privies, Cesstools, Sept i c Tanks: All o u ts i de to i lets, privies, vaults, cesspoo s, septic tanks, grease t r aps and leach fields now existing in the Ci ty where any par t o f the dw el l i ng or improvement i s located wi t h in four h un dr ed f e et (400') o f a public sewerage l i ne of the City, o r o f a s an itation di s t r ict o f the Ci ty shall be abandoned and no l ong e r used, in the event that a ny one o f such i tems s h a ll be ov e rfl ow ing , full or not functioning pr o p erly , so t h a t it has t o be re p aired , in which event the owner of s u ch prem i ses shall i mme diately make arrangements to connect the i mpr ovements using such facilities and such connection shall be ma d e withi n si x ty (60) days by o wner at o wner's expense. 3 . The conte n ts of p rivy vaults , septic tanks , cesspoo l s, or outhouses within the limits of the City shall not be removed therefrom , no r shall the same be t r an s ported through any stre t, alley or public place within the City , e xcept in a sanitary manner, through or by means of airtight tanks , if soft and mixed with matter, and if sol1d or dry, in ti g ht covered tanks in such manner as shall prevent the escape of any no x ious gases or offens1ve odors and preserve such contents from sight or exposure during clean1ng and removal shall be kept and maintained in sanitary conditton and shall b subject to inspection by the Department of H alth of th County. (K ) New Construction 1. construe on o service 1n the th sewe li n e 2 . Our i ng h ar y oi l e f cilities 1ons of the Tr i-Cou n y He al t h Oepartmen 22 • • • • • .. Health, and as soon as such dwelling or improvement is connected to the public sewers, such use shall be abandoned and all evidence of such use properly covered or disposed of. (L) Manhole Covers No person shall open any sewer manhole without the per- mission of the Director of Utilities. (M) Special Agreements and Contracts No statement contained in this section shall be construed as prohibiting special written agreements between the POTW and any other person allowing industrial waste of unusual strength or character to be admitted to the POTW from any part or parts of such POTW, or person or persons living outside the boundaries of the POTW, upon such terms and conditions and for such periods of time as may be deemed reasonable. (N) Prohibited Connections No person, corporation, or other business entity, either in person or through an agent, employee, or contractor shall make, allow or cause to be made any connection to the POTW for the pur- pose of servicing property outside the boundaries of the POTW, except upon recommendation of the DU and the approval of the City Council . (0) Private wastewater Disposal 1. Private D1sposal a. Pr i or to commencement of construction of a private wastewater disposal system, the owner or his agent shall first obtain wr it ten p rmission from th Tri-County Health Department for submission to th DU. b. Th pplication for the p rmit required by Section 15-5-5 shall be made on form furnish d by th Tr i-County Health o partm nt wh ich the applicant shall supplement by any plans, ap cif1cations and other information as is de med necessary by the Tr1-Coun y H lth o partment. c. The o n r or h s gen shall operate and ma nta n h private wastewater disposal !acil1t1es at his sole exp ns and 1n compllance with all ! deral, state , and local la ws , rules and r gul t1ons. d . No constru d to inter! be imposed by he H ment conta n d n th s section shall b h any dd tional r qu r m nts wh ich ay 0 partm nt or ou. 23 • • • ( • • • . . • e. The type, capacity, location, and layout of an individual wastewater disposal system shall comply with all stan- dards of the Tri-County Health Department. No permit shall be issued for any individual wastewater disposal system employing subsurface soil absorption facilities where the area of the lot does not meet the regulations imposed by the Health Department and in no event where the area of the lot is less than fifteen thousand (15 ,000) square feet. f. The Tri-County Health Department shall be allowed to inspect the work under this division at any stage of construc- tion; and, in any event, the applicant for the permit shall notify the Tri-County Health Department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the notice by the DU, exclusive of Saturdays, Sundays and legal holidays. 2. Wastewater or Septic Tank Haulers wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the City of Englewood except where directed by the DU and DWT. All violators are subject to the legal liabilities and penalties provided in this Ord i nance. 24 • • ( • • • 15-5-3: FEES AND CHARGES (A) Purpose It is the purpose of this Section to provide for the payment of all POTW costs, including Utilities Department costs and Department of wastewater Treatment costs. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the Department of Utilities and Department of Wastewater Treatment capital and operating costs to intercept, treat, and dispose of wastewater. The applicable charges shall be as set forth herein. (B) General. There is hereby levied and charged on each lot, parce l of land and premises served by or having sewer connection with the sanitary sewer of the City of Englewood or otherwise discharg ing san itary sewage, industrial wastes or other liquids, either directly or indirectly, into the city sanitary sewer system an annual service charge which shall be computed and payable as follows: (1) The charge for sewage treatment shall be based on the gallonage of water delivered to the premises during the appropriate water meter reading period falling between November l and April 30. This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment charge. (2) A charge for sew r collection system maintenanc s shall b st blished annually by action of the city council where premises are served by the city collection system. Wher th city do s not own and maintain the coll ction system, th city will collect charges for maintenance of same only when author1zed by the terms o! contract betw en the city and the sanitation district. usage information is not available, sewag co put d using the current rate per one (3) ere wa er service charges shall be thousand (1,000) gallons class, as follows: nd based on th following normal usage by 25 • 0 I . - ( ( ( • • • 2 months (A) Single family dwellings 14 (B) Multifamily dwelling units 9 (C) Mobile home units 5 (D) Commercial (by meter size/ capacity) 5/8 inch 19 3/4 inch 29 1 inch 49 1 1/2 inches 97 2 inches 156 3 inches 311 4 inches 487 6 inches 973 3 months 21 13 8 29 44 73 146 234 467 730 1,460 12 months 83 52 32 116 176 292 584 936 1,868 2,920 5,840 Normal usage by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. (4) The minimum charge per year for sewage treatment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and maintenance (0 and M) costs. (5) Outside city customers will be charged one hundred five percent (105\) of th amount charged inside city customers for similar service to compensate for additional infiltration from the longer interceptor lines. Th1s factor has been included in the flat rate and minimum rate tables in subs ction 8 below. (6) Charges for service to custom rs insid the city l1mits shall be bill d in quarter nnual installm nts in advanc Charges for s w r only s rv1ce outside the c1ty may, at th d1acretion of the finance director, be billed annually where this would not conflict with spec al provisions of a conn ctor'a agr em nt. All bills are due and payable as of th billing dat and become delinqu nt thirty (30) days after th billing date. (7) p riodically Us r charges shall be review d annually and revia d o r 1 et c ual r a n works 0 and H costa. 2 • • • • • (8) The following rates shall become effective upon passage of the ordinance: Rate Sewage treatment charge Collection system charge TOTAL (per 1,000 gallons) • 8374 SCHEDULE I Customer In City Class City Sewers Billed Qtrl Flat Rate Single- Fam.Dwg. 19.95 Multi- Fam(Unit) 12.35 Mobile Home 7.60 Commercial & Ind. (By meter size) 5/8" 3/4" 1" 27.50 41.75 69.25 1-l/2" 138. 50 Min. 18.15 11.25 6.90 25.05 38.00 63.00 126.05 SCHEDULE II In City District Sewers Billed Qtrl Flat Rate 17.60 10.90 6.70 24.30 36.85 61.15 122 .25 Min. 16.00 9.90 6.10 22.10 33.55 55.65 lll. 25 .1114 • 9488 SCHEDULE II I Outside City District Sewers Billed Annuall Flat Rate 73.80 45.80 28.20 102.00 154.80 256.80 513.60 Min. 67.20 41.60 25.60 92.80 140.80 233.60 467.20 SCHEDULE IV Outside City District Sewers Billed Qtrl Flat Rate 18.45 ll.45 7.05 25.50 38 .70 64.20 Min. 16.80 10.40 6. 40 23.20 35.20 128.40 58.40 116.80 2" 222.00 202.05 195 .95 178.30 823.00 749.00 205.75 187.25 3" 443.10 40 3 .20 391.10 355.85 1642.40 1494.80 410.60 373.70 4" 692.60 630.30 611.30 556.30 2567.40 2336.40 641.85 584.10 6" 1385.25 1260.60 1222. 0 1112.55 5135.00 4672.80 1283.75 1168.20 8" ~~01.10 2003.00 1936.95 1762.60 8159.75 7425.35 2039.90 1856.35 10" 31 4.10 2879.35 2784.45 2533.80 11729.70 10674.00 2932.40 2668.55 27 • I • • • • • Minimum charges both inside and outside the City are Ninety-one Percent (91%) the flat rate charge for the customer class involved. (C) Special cases. ( 1) Schools operating on a nine (9) month school year shall be billed seventy six percent (76%) of the charges wh ich would normally accrue for similar usage by a residential customer. (2) Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuations are more significant than irrigation usage shall be billed based on annual rather than winter period water usage . (3) Customers with delivery flow characteristics significantly different from those of a single family dwelling shall pay an additional readiness to serve fee based on the following formula: R=V (.91 x NW) where: 365 R = Annual delivery flow rate characteristics charge .91 • Readiness to serve portion of 0 and M costs NW • Customer's annual nonworking days 365 • Number of days in calendar year V Annual volume charge for wastewater treatment (4) Other cases. Where the procedures above are not applicable , or when application of same would work an obvious and significant injustice to the customer, a rate shall be established by the Director based on reasonable estimates of proJ cted flow. (D) If any water or wastes are discharged, or are propo ed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection 15-5-2(8) above and, in the judgment of the Director of Utilities, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constttut a public nuisance, the Director shall lao charge the following fe a: Require paym nt to cover the dd d colt of handltng and tr attng the wastes considered as "Industrial Wastes," by tmpostng the ollowing formula: SC • M,X8.34 UCo(AOD)+UCa(SS 300). SC • 1urcharg tn dollars and cents p r M • volum of s wag in million gallon• discharg d o th public sewer. 28 • onth p r ye r I • • • • 8.34 = conversion factor; one gallon of water to pounds. UCo = unit charge for AOD (additional oxygen demand) in dollars per pound. (i) unit charge for BOD: $.0133. (ii) If COD is less than 3.0, then AOD =(BODS 200). BODS 200 mg/1, but COD is greater than SOO/mg/1, then AOD = (COD SOO). COD chemical oxygen demand strength index in milligrams per liter (SOO milligrams per liter or over). BODS = five day biochemical oxygen demand strength index in milligrams per liter (200 milligrams per liter or over). UCs = unit charge for SS in dollars per pound. SS = suspended solids strength index in mill i grams per liter (300 milligrams per liter or over). Unit charge for SS: $.0324. 200 normal BODS strength in milligrams per liter. 200 normal SS strength in milligrams per liter. 400 • normal COD strength in milligrams per liter. The application of the above formula provides for a surcharge for BOD, COD and for SS. If the strength index of BOD, COD or SS is less than the base number that is being subtracted from it , then there shall be no surcharge for that particular category, nor shall there be a credit given to the total surcharge. (E) Industrial Cost Recovery (ICR) 1. Industries af fected shall be those i dentified in the Standard Industrial Classification Manual, (SICM) 1972 as revised, Divisions A through I , with the specific except io n of those industries wh ich discharge only nonprocess, segregated domest ic wastes or wa stes f rom sanitary conveniences. Affected industries will be classified s follo ws: (1) Sign1f1c nt indu tri 1 us rs shall b mon1tor d to determ1ne str ngth levels. Th1a shall b accompl1sh d according to pr reatmen program established by th D1rector of Ut 1l 1tie nd pprov d by the Dir ctor of th WWTP. Th r aults of s mpling nd an lysi will b record d 1n the util1 s office, r port d to th ffected indu try and r port d to r gulatory ag nci s p r th ir curr nt d rect ve . (2) Paym nt rates sh 11 b computed for ICR cust omers baa d on he follow1ng bas1c capit 1 coa a for the Bi-C1ty Plant: 29 • I • • Q (Volume) : BOD: SS: • • • $460.12/1,000 gallon day of capacity 30.47/pound day of capacity 35.04/pound day of capacity Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current federal guide-lines. Adjustments to individual rates will be made annually or more fre- quently, whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one (1) year of the date of initiation of service through the Bi-City and/or Englewood Plant. (F) Restoration of Service Sewer service shall not be restored until all charges, including the expense of termination and charge for restoration of service, shall have been paid. (G) Collection Procedures 1. Charges Responsibility of Owner. All fees and charges shall be chargeable against and payable by the owner of the premises receiving sewer service. 2. Periodic Billing Statements. a. The City sha l l cause billings for wastewater treatment and /or wa er charges to be rendered periodically at rates establ i shed. b. Billings for c harges and any other notices shall be effective upon ma i ling sa i d billing or notice to the last known address of the user as shown on C1ty records. c . Th e s erv1c ch r g es provided i n th is Ord i n a n c e shall be billed a n d p aid in full with i n th i rty (30) days from d a t e of bill1ng . No partial payments s h all b e acce p ted . d. If sewer rates re ch ng ed or users 1nsti ute or termin e serv1c other than on es bl1shed b1lling da es , the b 11 sh 11 be prorated . (H) D l1nquency and Collection 1. ea nd charg s lev ed 1 n ccordanc w th th1s Ch p t r shall b paid wi h1n thirty (30) days from th da e of billi n g o he City . If he bill 1s no p id wi hin nine y (90) daya a t r 30 • • • • • • billing, it shall be deemed delinquent, whereupon a twenty five percent (25%) surcharge may be imposed for collection services. 2. Nonpayment: All sewer charges and surcharges, includ- ing, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be a lien upon the property to which sewers are connected from the date said charges become due until said charges are paid. The owner of every structure of premise shall be liable for all sewer charges for uses on his premises, which lien or liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the sewer charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner for the payment of sewer charges. No change of ownership or occupation shall affect the application of this section, and the failure of any owner to discover that he purchased property against which a lien for sewer service exists shall in no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. (I) Disconnection Clause 1. City may disconnect within the City or contract areas served by the City for accounts delinquent more than ninety (90) days. Notice given to last known address of user or owner thirty (30) days prior to disconnection. All costs of disconnection shall be r paid at time of reconnection. 2 . When the premises o which such servic is provided are located without the limits of the City, failure to pay the rates and charges for tr atment and disposal of sanitary s wage when due shall b cause for th C1ty Clerk to certify to th County Commissioners of the county in which said delinquent user's property is located the charges du and unpaid, on or b fore Novemb r 1 of each y r, and thereupon and until paid, the same shall be a lien upon the real prop rty so erv d by said sewerage system and shall be 1 vi d, cert1fied, rec ived or collected by sale annu lly from y ar to year by he prop r county officials as re g n ral taxe , and he proc da ther from r m1 d to the City of Engl wood; provid d th t if th premises are auppll d wi h Ci y wa er aerv c a , auch service may be shut off unt 1 such r t a and charg s for treatmen and d1sposal of sanitary sew g shall have b n pa1d. 31 • I • • • • • 15-5-4: PRIVATE SEWERS, CONNECTIONS AND REPAIRS (A) Buildings to Have Separate Connections Each building shall be served by its own sewer service line, and no connection shall be made by extending the service from one property to another property. Each separate building in a Planned Unit Development shall have a separate sewer service line. (B) Old Private Sewers Old private sewers may be used in connection with new buildings only when they are found to meet all requirements herein and solely at the risk of the user; otherwise, old private sewers shall be plugged at the user's expense upon discontinuance of service. The plug in the old private sewer must be inspected and approved and a plan review and inspection fee will be charged by the C1ty. (C) Design and Construction The size, slope, alignment, and materials of construction of a private sewer, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench and all other work shall conform to the requirements of the Building and Plumbing Code or other applicable codes, laws, rules and regulations of federal, state, and local entities. (D) Private Sewer Elevation In all structures where the elevation is too low to permit gravity flow to the public sewer, sanitary sewage discharge from such structure shall be lifted and discharged to the sewer by a City and Tri-County Health Department approv d facility wh ich sh 11 be operated and maintained by th user. (E) Installation and Mainten nc All costs and expens s 1nc1d nt 1 to the 1nstallation and connection of the pr1vate sewer shall be born by the applicant who sh ll ret in or employ a l1cens d • w r contr ctor or plumb r o m ke conn ction to nd install a w r. Th s rvic l1ne from the public sew r ma n l1ne to the be erved shall be 1nstalled by th prop rty owner at The owner sh ll hold the City harmlea for any loss th t may d1r ctly or ind1r ctly be occasion d by th of th serv1c l1n or he mal unc ion of ny old priva e sewer. 2 • • • .. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he is responsible in good condition and shall replace at his expense any portions thereof wh ich , in the opinion of the Director of Utilities, have become damaged or disintegrated as to be unfit for further use, or is 1n such condition to permit infiltration into the system. All repairs shall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right-of-way and the street to acceptable City standards. (F) Permit Required Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Utilities. (G) Connection Requirement 1. The applican t for the private sewer permit shall notify the D1r ctor of Utilities when the private sewer is ready for 1nspect1on and connecti on to the public sewer. The applicant must have secured permit and have met all City requ irements . The connection shall be made under the supervision of the Director of Utilities or his representative. 2. The owner of any structure used for human occupancy, employment or activity, situate within the C1ty, may be required at such owner's expense to connect such structure to a public sewer, lf such a publ1c sewer is within four hundred (400) feet of the property line of the property upon which the structure is located. Such connect1on shall be made within ninety (90) days aft r notice from th Director lS served on the owner of the property affected; prov1ded, however, that 1n the event compliance with this section causes severe conomic hardship to said person, he may apply to the City for exemption from this section. Such applications shall s te in deta1l the c1rcumstanc s which are claimed to caus such econom1c hardship. Such exemptions shall only be granted to resid ntial users, sh 11 not pply to other users, and sh 11 b gran d only for such time s h d mon tr ted hardah1p ex1ata. Serv1ce shall b cona1der d complete upon del v ry of th no 1ce to he own r of the prop rty or by post ing a copy of the no ic on the property in quest1on 1n a conspicuous place nd by m 1l1ng a copy of such not1ce, reg1st red mail, to th record owner of th property as disclo d and at the ddresa shown in th curr n recorda of h Arap ho Coun y Ass aaor. 33 • -• • • 3. If a public sewer is not available within four hundred (400) feet of the property line of the property upon which a house or building is located, a private sewage disposal system constructed in accordance with applicable regulations of the Health Department shall be utilized to dispose of sewage. 4. In cases where a public sewer was not previously available within four hundred (400) feet of the property line of a property but a public sewer later becomes available within such distance, the owner may be required to connect with the public sewer as provided in part A above. In such event, after the connection is completed, the private sewage disposal system shall be emptied, cleaned and filled with sand or dirt. 5. It shall be unlawful for any person to deposit or discharge, or to cause to be deposited or discharged, to any wastewater collection facilities any solid or liquid waste unless through a connection approved by the City. (H) Damage to POTW Any person who maliciously, wilfully, or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which is part of the POTW shall be subject to such action and penalty as provided in E.M.C. 15-5-6. .. • • • • • • 15-5-5: INDUSTRIAL WASTEWATER DISCHARGE PERMITS (A) Wastewater Discharger 1. There shall be no discharge of wastewater into the POTW, or in any area under the jurisdiction of said POTW, without a wastewater discharge permit (except as authorized by the Director in accordance with the provisions hereof). 2. Permit Issuance The Director shall issue a wastewater discharge permit to the applicant if he finds that all of the following conditions are met: a. The proposed discharge is in compliance with the prohibitions and limitations of Sections 15-5-2 and 15-5-7(A) and (C) of this Chapter; b. The proposed discharge would permit the normal and efficient operation of the wastewater treatment system; and c. The proposed discharge would not result in a violation by the City of the terms and conditions of its NPDES Permit. 3. Permit Denial and Appeal a. In the event an application for a Wastewater Discharge Permit is denied, the D1rector of Utilities shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial w1th that degree of spec1ficity which will inform the applicant pr1or to 1ssuance of a permit. b. Upon receipt of no 1f1cat1on of denial of a p rm1t application , the appl1cant may r quest nd shall be granted a h aring to b h ld by the Dlrector of Ut1lit1es. At uch h ar1ng h applicant shall have the burd n of establishing that the conditions set out in this Chapter h v been met and that a p rmit should issue. The hear1ng shall be held w1th1n thirty (30) days of applican 's request but may be cont1nu d upon a show1ng of good c us to do so by eith r th Ci y or the appl1cant. c. Upon rev1ew of th ev1d nc by the Dtrector of U 111 ea, h shall rna e find nga of ac nd 1aau an Ord r direc ing that a was ewa er d ach rg peratt be iaau d, or d1r c 1ng th auch p rm1t ahall no aau d, or 9 ve auch other or further orders nd direct1vea 1 are n ceaa ry and appropria e. (8) 1. A S wer Perml for a ain9l ly, ly, •• d n ill, and /or co re l u r ah 11 r n un il rmina d by th C1 y. s • • • • 2. All users proposing to connect to the wastewater system shall obtain a construction permit before connection to and/or discharging to the system. Users shall complete and f i le with the Di rector of Utilities an application in the form prescribed by the Divis i on and accompanied by a fee as set forth i n Schedule B. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: a. Name, address, location of discharge (if different from the address). b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. c. Time(s) and duration of discharge. d. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, connections, and appurtenances by size, location and elevation. If deemed necessary by the City, such plans shall provide for separate systems for handling sanitary and industrial wastewater. Nonresidential buildings may be required to have installed a sewer sampling manhole for City access to its wastewater being discharged to be installed per City engineering requ irements. e. Description of activities, facilities and plant processes on the premises, i nclud i ng all materials wh ich are or could be discharged. product i on. f. Each product produced by type, amount, and rate of g . Number a nd type of employees and hours of work. h. Any other informat i on deemed by the Director of Utilities to be necessary to evaluate the permit application. (C) Industrial Permits 1. Th Director of Utilit1es shall require a significant industrial us r to obtain n Industr1al P rmit. Al l existing signif1cant industrial u rs shall apply for an Industrial Permit prior to D c mber 31, 198 4, and propos d new aignific nt induatri 1 ua ra ah 11 apply a leas n1nety ( 0) d ya prior to conn cting to or contribu ing to he POTW. U era shall compl te and f le wi h he 01r ctor an appl1cation in th form prescribed by th Departm nt and ccompanied by a f e aa may be requ1red, containing 1n!ormat1on, in add1 1on to th t required for a G neral P rm t, in units nd terms appropriat for evalua 1on, aa follows: 6 I • - • • • • a. Wastewater quantity and quality. Quality charac- teristics include, but are not limited to, those mentioned in Section 7-5-7(A) and (C) of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136, as amended; b. Average daily and thirty-(30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; c. Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, i f not, whe ther additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. d. Written description and diagram of existing pretreatment equipment, if any, including, but not limited to, treatment processes, treatment tank dimensions and retention time, chemical supplies, operating personnel and certification, and plumb i ng diagram of treatment system. e. If add i tional pretreatment and/or 0 & M will be required to meet the pretreatment standards, the schedule by which the user will provide such additional pretreatment. The completion date i n this schedule shall not be later than the compliance date established for the application pretreatment requ i rements. The following conditions shall apply to th i s schedule: (i ) The schedule sh a ll c on t a i n 1n c rements of progress i n t he for m o f dat s for th commencement and comp l et i on o f ma j or events l ead i ng to t he con s truct io n a nd operation of a dd i t1onal pretrea tment requ i red for the user to m e t th app licab le pr tr atm nt r qu1 r m nts . (ii) No increment referred to i n paragra p h (a) shall exce d nine (9) months. (111) No later than fourteen (1 4 ) days tollow1ng each date in the ach dule and th final date for complia n c , the use r shall au lt a progress r port to t h e Director of Utilit1e includ1ng a a m1n 1m um, wh ther or not th user comp l ied w h the incr m n o p r o gr ess to be m t o n such date and , i not , the date 37 • • • • on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. f. Any other information deemed by the Director to be necessary to evaluate the permit application. the permit applicat i on. 2. Permit Modifications Upon enactment of a NCPS and within the time prescribed thereby, the Industrial Permit of users subject to such standards shall be revised to require compliance therewith. Where a user, subject to a NCPS, has not previously submitted an application for a permit, the user shall apply for a permit within thirty (30) days after notice of the enactment of the applicable NCPS. The user with an existing Wastewater Discharge Permit shall submit to the Director of Utilities, within thirty (30) days after such notice, the information required pursuant to this Section. The terms and conditions of the permit shall be subject to mod i fication by the POTW during the term of the permit as limitations or requirements are modified or other just cause ex i sts. Any changes or new conditions in the perm i t shall include a reasonable time schedule for compliance, as determined by the Di rector. 3. Permit Cond i tions Perm i ts shall be expressly subject to all prov1s1ons of this Chapter and al l other applicable regulat i ons, user charges and fees establ i shed by the City. Permits may contain, but are not l i m i ted to, the follow i ng: a. Th e u n it charge or s c hedule of user ch a rges and fees for t h e was t ew ate r t o be discharged to the system. b. L l mits on the av e rage and maximum mass and/or co n ce n t r tio n of was wat r c on s t ituent s nd ch a ract r 1 st ica . c . L1mits on a v rag and ma x i mum rate a n d time of discharge or requ1re nts for flo w regulations and equal1zat1ona. d. R quirem nta for ina 11 t on nd aint n nee o 1napect1on and aa pling facil i a. Specification for onitor1ng progra s which include s mpl1ng loca 10ns , frequency of a mpllng , n u mb r , nd st ndarda for teats a n d repo r ting ach dule. f. Compllance ach dul a. 38 • ....... • • .. g. Requirements for submission of technical reports or discharge reports. h. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto. i. Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. j. Daily average and daily maximum discharge rates, or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the user's wastewater d i scharge. k. Requirements for notification of slug discharges. 1. Requirements for separate systems to handle sanitary and i ndustrial wastewater, such that in the event the user's industr i al wastewater is causing or could cause an interference or a poten tial interference with the POTW, the industr i al wastewater could be severed, preventing discharge i nto the POTW and still allow i ng the user's san i tary wastewater to d i scharge into the POTW. m. (i) Requ i red when necessary by Director; Except i on: grease, oil and sand interceptors shall be prov i ded when, i n the opin i on of the Di rector, they are necessary for the proper handling of liquid wastes conta i n i ng grease in excess i ve a mou n ts, or any i nflammable wastes, sand and other harmful i n g redients; except, that such i nter c ep ora shall not be requ 1 red f o r pr i v a te l i v1ng quart rs o r dwell i ng un i ts. (i i) Con s truct i on Speci f 1cat i ons: greas a nd o il in r c ep t or s shal l be c on s truc ted of i mperv i ous mate r i la ca pabl e of w1th s t a nd i ng abrupt and e xtreme chang e s i n t mperat u re. The y shall b o f subst a n t 1al cons tr uc t i on, wa t ertigh t , a nd q ui pp d with eas1l y r mo va b l cov r s which, wh n bo lt d i n pla ce shall be gast1gh and wat r tight. All 1nter cep tors shall be of a lype and cap city pproved by the Oir ctor of Utili ies nd shall be located so as o readily and eas1ly b ace saible Cor cleaning and inap ct1on. (il ) H tnt n nee by Own r: Wh re natall d , all greaa , 011 and sand 1nterc ptors shall be a nta1n d by th o wn r a his exp nse 1n con 1nuously efficlent op rat1on a all ti a. n . Other cond ions aa d ppropr1a by th C Y• ' • • • . . .. o. In the event the type or volume of materials from the property for which a discharge permit was previously granted shall materially and substantially change as determined by the Division, the person previously granted such permit shall make a new application to the City, in the same manner and form as originally made. 4. Permit Duration Permits shall be issued for a specified time period, not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any permit may be cancelled or terminated for failure to comply with the requirements hereof. 5. Permit Transfer Prohibited Permits are issued to a specific user for a specific operation. A permit shall not be sold, traded, assigned, trans- ferred or sublet. (D) Mon itoring Facilities 1 . Th industrial user shall prov ide and operate, at its expense , monitoring equipment and facilities sufficient to allow 1nsp ction, sampling nd flow m asurements of the private sewer or internal dra1nag syst ms nd coordinated with building drain sys- t ms. The monitor1ng f cility should norm lly be s1tuated on th industr1al user's premises, but th City may, when such a location would b 1mpract1cal or caus undue hardship on th industr1al user, allow the facil1ty to be constructed in th publ1c stre or &ld alk area and loc ted so that it will not be obstruct d by landscap1ng or park d vehicles. Th facillty should be capp d w1th wat rt1gh lid and that f c1l1ty shall not be located 1n str et or gu r. 2. Ther shall be ple roo in or n ar such on tor ng manhol or fac1l1ty to llow accur te sampl ng and preparatlon o s mples for nalys1s. Th fac1lity, sampl1ng and m asur ng quip- m n shall b main a1n d at all 1m s in a safe and prop r op ra- 1ng cond ion a h exp n1 o h indul r1al us r. 40 • • • 3. Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the POTW's requirements and all applicable local construction standards and specifications. Construction shall be completed within sixty (60) days following written notification by the Director. 4. Whenever required by Director of Utilities, the owner of any property serviced by a private sewer carrying nonresidential wastewater shall install a monitoring manhole for each separate discharge in the private sewer in accordance with plans and specifications approved by the Division's Engineer, installed and maintained at all times at industrial user's expense, which shall have ample room in each sampling chamber to take accurate flow proportioned composite samples for analysis. The monitoring manhole shall be safely, easily and independently accessible to authorized representative of the POTW during normal business hours. a. Each monitoring manhole shall contain a Palmer- Bowlus flume or similar device approved by the Director of Utilities with a recording and totalizing register for measurement of the liquid quant i ty; or at the discretion of the Director of Utilities the metered water supply to the industrial plan may be used as the l i quid quantity, or where a measurable adjustment agreed to by the Di rector of Utilities is made i n the metered water supply to determ i ne the liquid waste quantity. b. Samples shall be taken and properly preserved in accordance with Standard Methods and shall be a representative twenty-four (24 ) hour sample. Such sampl i ng shall be done as prescr i bed by the Di rector to ensure representative quant i t i es for the en ti re report i ng period. Certa i n pollutant parameters such as, bu t not limited to , o i l, grease, and/or chlor i n demand which cannot be co l l e cted by us i ng a 24-hour samp l e may be col l e cted by the u s e of a "g rab" sample. c . Th frequency of sampl i ng, th mon i tor i ng ma n ho l e, th meter ing d evice , samp li ng m thods nd a na lysis o f samples shal l be subJect , at a n y ti me , to i n s p ct1on a nd v e r ifica 1 on. d . All m tering and sample collectton shall be done by th City or a private entity as designated in S ction 7-5-5(1)2 and shall have a split flow s mple nd shall be avatlable to the POTW labora ory for op 1onal analysis. e . Th ndustrial us r s r quired to analyze th ple 1n accordanc w1th the r quir nta established in th p rm1t. All st1ng 1 at the exp nse of the ndustrial user . 41 • • • • • 5. The Director of Utilities may require that the monitoring facilities be installed in a permanently fixed above-ground enclosure. (F) Inspection 1. The Director of Utilities or his representatives may inspect the equipment and facilities of any user at any time during normal business hours to ascertain whether the applicable ordinances, rules and regulations are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Director of Utilities or his representatives ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination, or the performance of other duties. The POTW, State and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the POTW, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 2. While performing the necessary work on private proper- ties, the Director of Utilities or duly authorized employee of the City shall observe all safety rules applicable to the premises established by the business. (G) Failure to Permit Inspection In the event a duly authorized off i cer or agent of the POTW i s refused admission for any purpose, the Director of Util i ties may cause wat e r serv i ce to the premises in quest 1 on to be discontinued until the POTW agents have been afforded reasonable access to the premises and sewer system to accomplish th 1nspect i on and/or s ampl i ng. (H) Samp li ng All m asurem nts , t ts , and an al y ses of the charact rls- tics of water and w stes to which refer nee is a de he r ein shall be det rmined n accordance wi h Standa r d H thoda . In the even tha no apecial fac lity haa ~en required , the poin of ins p ection shall be cons1d red to be the do wnst r eam manhole 1n th publ1c a w r n areat to the po1nt at wh1ch the bu1ld1ng s wer 1s connect d to the publ1c s w r . 4 2 I • • ...... • • .. .. (I) Confidential Information Provisions 1. Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satis- faction of the Director of Utilities that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of such user. When requested by such user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related hereto, the NPDES Permit, and/or the pretreatment requirements; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Information accepted by the City as confidential shall not be transmitted to any governmental agency by the City until and unless a ten-(10) day written notification is given to the user by certified mail or personal service. 2. Any user has the option to contract with the City or any private entity to provide such services as deemed necessary, including, but not necessarily limited to, the following: 1) Monitoring Facilities 2) Inspection and Sampling 3) Laboratory Analysis. 4 3 • • • • .. 15-5-6: ENFORCEMENT AND PENALTIES (A) Enforcement Authority The Director of Util i ties may adopt procedures and rules f or the i mplementation and administration and shall enforce the pro vi s i ons conta i ned herein. (B) Notification of Violation Whenever the Director of Utilities finds that any person has v i olated or is violating this Chapter, or any prohibition limitation or requirement contained herein, he may serve upon such p e rson a written notice stating the nature of the violation and prov i d i ng a reasonable time, not to exceed thirty (30 ) days, for t h e sa ti sfactory correct i on thereof. A meet i ng with the Di rector of Uti li t i es may be scheduled at the request of the v i olat i ng pe rso n o r the Di rector of Ut il i ties t o discuss the vi o l ation and/or satisfact ory correct i on schedule. (C) Met h od s o f Not i ficat i on An y noti f icati o n requ i r e d h e r ein sha ll b e served either personally or b y reg i s t ered or certifi e d mail . (D) S usp e n si on o f Se rvice The City may sus p end the wastewater treatme nt service and/or a Wastewate r Di s cha r ge Pe r mit when such sus p ension is necessary , i n the o p inion of the Director of Utilities a n d/or Director of Wastewater Tr atment in order to stop an actual or threat ned discharge which presents or may pr esent an 1mminent or substantial endangerment to the h lth or welfare of p rsons , to the environment , causes interf rene to th POT W, or causes the POT W to v1olate any cond1tion of its NPOES Permit. Any p rson notified of susp nston of th wast water treatm nt service and/or th Wastew ter Oischarg P rmi shall immediately stop or eliminat the d1scharg • In th ev nt of a f tlure of th user to comply volun arily w1th th suspension order, he Dir ctor of Util1ti • may take such atep1 •• d m n cea1 ry, includtng immedtate 1 v ranc o th aew r conn c ton, o pr v n or m nimtze da age to th POT or ndangerm nt to ny tndtvtduala. Th Dir ctor of Utiltttel ahall retnata e the Diacharge Permtt and/or he aatewater tre t nt service of h limtn tton of h nonco plytng dtlcharg • Th ua r sh 11 p y all POT coa • and xp na • for any auch auap naion a ora ion of aervice. A d a1l d w 1 en • a n au i t d d acrtbing the caua a of h harmful con rtbu ion and a n to p ny aha1l h Dtrecto il n (15) daya o da 44 • • • • (E) Permit Revocation Any user who violates the following conditions hereof, or applicable state and federal regulations, is subject to having his permit revoked: 1. Failure of a user to report factually the wastewater constituents and characteristics of its discharges; 2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics; 3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; 4. Violation of conditions of the permit or this Ordinance or any final judici al order entered with respect thereto; 5. Failure to pay any fees or charges; 6. Tampering with, disrupting, or destroying City equipment as determined by the Director, wh ich determination shall be conclusive; 7 . Failure to report an accidental discharge of a toxic pollutant. (F) Legal Act1on Author i zed If any user discharges into the POTW contrary to the provisions of this Chapter , federal or state pretreatment requirements, or any order of th City, the City Attorney may commence an action for appropriate legal and/or quitable relief, including a petition in a court of compete n t jurisdiction for a temporary restra ining ord r, preliminary and p rmanent injunction against the violat ion. (G) rvice The City may terminate or caus to t rminated w stewater treatment a rv1c to ny user for a violation of any provisions herein. (H) Civil L ab lity for Exp naes Any p rson violating th provisions h re1n shall be liable for any xpense, loss or damag c used the c1ty by reason of such violation, includtng th ncreaa d costa, f any, for managing lu nt and/or sludge , when such increases are the r ault of the 4 5 • • • • • user's discharge of toxic pollutants. The Director shall add such charge to the discharger's treatment charge. (I) Civil Fine Pass Through In the event that a user discharges such pollutants which cause the City to violate any condition of its NPDES Permit and the City is fined by EPA or the State for such violation, then such user shall be fully liable for the total amount of the fine assessed against the City by EPA and/or the State. (J ) Criminal Penalty and Fines Any person who violates the provisions of this Chapter shall be subject to a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (K) Appropriate Civil Penalties In addition to the penalties provided herein, the City may r ecover reasonable attorney's fees, court costs, court reporters' f ees, and other expenses of litigation by appropr i ate legal action aga i nst the user found to have v i olated any provisions herein, or t he orders, rules, regulat i ons, and permits issued hereunder. The attorney for the City, upon request of the City Council, shall p eti t i on a n appropr i ate court to impose, assess, and recover such sums . Any per s on who shall violate any prov i s i on of th i s Chapter shall b e su b j e ct to i mmed i ate disconnection of the sewer serv ici n g the property u p on o r in c onnect i on wi th wh i ch t he v i o l at i on occurred . (L) Appeal P r oced u r e a nd Order Any permit applica n t , p rm it h o l d e r, o r ot h e r us er a(f ct d by any d c1sion , ction, o r det rmina t ion , i n cluding c as and d s1st ord rs, made by the C1ty other than by an En g l wood Mun1c1pal Judg 1n int rpreting or lmpl nting th prov1aions h r in , or any p rmit iaau d h reunder, may fil wi h th Director a wr1 t n r ques for reconsid ra 1on and a stay of th dec1s1on with n ten (10) days of such d c1s on, act on, or d t rmina ion, s t 1ng forth 1n d ta 1 th facta supporting the request , wh reupon he Direc or of Utl11ties shall hold a h aring. The r queat for recons1deration shall be acted upon by th Director of Uti1 t1es h1n n (10) days fro th dat of f l1ng. Th d ciaion , ac on d na 1on may stayed during such p r od o review by th o u 11 1 a. I • - • • • • If the decision of the Director of Utilities is unsatis- factory to the person appealing, he may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decision. The Water and Sewer Board may hear the appeal and shall make a final ruling on the appeal within thirty-five (35) days of receipt of the user's written appeal. The decision, action or determination of the Director of Utilities may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence, it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The decision of the Water and Sewer Board shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court. (H) Falsifying Information No user shall knowingly make false statements, represen- tations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required herein • ., • • • • • 15-5-7: LIMITATIONS ON DISCHARGE (A) No person shall discharge any pollutant in the excess of the following: Maximum Concentration, mg/1 Pollutant or Pollutant Property Grab Sample Composite Sample Aluminum, Soluble (as Al) Arsen ic , Total (as As) Barium, Total (as Ba) Beryllium, Total (as Be) Biochemical Oxygen Demand (BOD) Boron, Total (as Bo) Cadmium, Total (as Cd) Chemical Oxygen Demand (COD) Chlorinated Hydrocarbons including but not limited to Pesticides, Herbicides and Algaecide& Chromium, Hexavalent (as Cr +6) Total (as Cr) Co lor Conductivity (umhos) Copp r, Total (as Cu) Cyan1de , Amenabl to Chlorination (l!'re ) Total (as C ) !ndr n ormaldehyde luorides (as F) 2.5 0.63 5.0 1.0 2.5 0.125 0.2 0.625 6.0 30 3125 2.5 2.0 2.5 0.002 s.o 25.0 1.0 0.25 2.0 0.4 200 1.0 0.05 300 0.08 0.25 2.0 1250 1.0 0.8 1.0 0.000 1.0 10.0 • Iron, Total (as Fe) Lead, Total (as Pb) Pollutant or Pollutant Property Lindane (1, 2, 3, 4, 5, 6 - hexachloro-cyclohexane gamma isomer) Manganese, Total (as Mn ) Mercury, Total (as Hg) • • • 37.5 15.0 0.63 0.25 Maximum Concentration, mg /1 Grab Sample Composite Sample 0.005 0.002 1.0 0.4 0.063 0.025 Methoxychlor (1 , 1 , 1 -Trichloroethane) 2, 2 -bis {p -methoxyphenyl) 0.015 Nickel, Total (as Ni) Nitrogen, Ammonia as N TKN (as N) Nitrate (as N) Nitrite (as N) Oil & Grease (FOG) Organic Solvents PCB Total pH, minimum maximum Phenol, Tot a 1 Phosphate, Total (as P) Selenium , Total (as Se) Silver , Tot 1 (as Ag) Sol da, 01aaolv d To al Suap nded (TSS) T mp ra ure oC (C lc1u ) Toxaph n (C H Cl 10 10 8 chnlc 1 chlor1na ed ca ph n , 7 - 9 chlorin ) Tur ich y (JTU' ) 12.5 50.0 100.0 25.0 2.5 187.5 50.0 0.0005 4.5 9.0 5.0 25.0 0.125 0 .63 3125 65.5 0.0025 0 • 0.006 5.0 20.0 40.0 10 .0 1.0 75.0 12.5 0.0002 1.0 10.0 0.05 0.25 1250 250 0 .0010 I • • Zinc, Total (as Zn) 2, 4-D (2, 4 -Dichlorophenoxy Acetic Acid 2, 4, 5 -TP Silvex (2m, 4, 5 - Trichlorophenoxy propionic acid) 50 • • • 5.0 Not Allowed Not Allowed • 2.0 Not Allowed Not Allowed I . -• • - 15-5-8: SEWER TAP FEES (a) At the time of filing the application, sewer tap fees shall be paid in accordance with the following schedule: WATER METER SIZE 3/4" or less 1" 1 1/2" 2" 3" 4" 6" 8" 10" SEWER TAP FEE $ 1,400 2,333 4,667 7,467 141932 23,332 46,667 74,667 107,332 For multi-family units, hotels motels and mobile home courts, the total tap fee shall not be less than one thousand four hundred dollars ($1,400) per dwelling unit. If the fee determined by the water meter size from the above schedule is greater than the fee determined by the minimum charge of one thousand four hundred dollars ($1,400) per un it , then the greater fee, as determined by meter size, shall prevail. (b) At the time of filing an applicat i on for a sewer tap permit, sewer tap fees for the following properties shall be increased by the addition of a surcharge to the sewer tap fees established by subsection (a) according to the established surcharge schedule: (1) Properties within the City of Englewood which are not in an established sanitation d is trict; (2) Properties outs i de the City of Englewood which are tributary to the Northeast Englewood Rel i ef Sewer System wh ich are not exempted by agreement from sewer tap surcharge; The established sew r tap fe surcharge is: WA TER METER SIZE SEWER TAP SURCHARGE 3/4" 1" 1 l/2" 2" 3" 4" 6" 8" 10" $ 500 833 1,667 2,667 5 ,333 8,333 16,667 26,667 381333 or multi-family un ts, hotels, motels, obile ho e cour s and oth r multiple dw lling units, the s wer tap fe surcharg shall not be less than five hundr d dollars ($500) p r dw lling unit. If 51 • I • • -• • ,. • the surcharge established by the water meter size from the above surcharge schedule is greater than the fee of five hundred dollars ($500) per dwelling unit, the greater fee shall be charged. (c) The actual cost of any sewer main extension shall be recorded in the utilities office. Where such cost has not been paid, it shall be added to the plant assessment fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of construction plus ten percent (10\) to defray costs of engineering. The total costs shall be assessed in proportion to the front footage of the property served. (d) Where a proposed tap will serve property for which a previous assessment has been paid, the previous tap fee shall be credited against the current tap fee in calculating the balance of the fee due. (e) Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. 52 • I • • - 15-5-9: • • • CONSTRUCTION OF SEWERS; EXTENSION OF MAINS; COSTS; INSPECTION (a) When an application is received to extend the collection ma i n in order to serve the applicant or users whose property is located within the city, the city shall make such extension at its own expense, subject to recovery of said costs and provided that the extension is to serve land properly subdivided. In the event that the extension is to serve nonsubdivided, industrially zoned lands wi thin the city, the Director of Utilities may require that the applicant or user extend the collection main at his own cost and expense, subject to an equitable method of recovery of costs. (b) The individual collection mains outside the corporate lim i ts shall be by pipes, mains or service lines and appurtenances installed by the individual or connector, and the city shall assume no obligation for costs of construction therefor. All services shall be connected under the same provisions as may be required by the city for connections within its corporate limits. All charges for sewage collected outside the corporate limits of the city shall be computed from rates set out in Section 15-5-3 of this chapter. (c) Quality control of privately constructed collection mains feeding the city treatment plant shall be assured by on-site i nspectors provided by the City of Englewood Utilities Department, which agency shall include the monitoring of collection main construction and the lamping of mains when construction is complete. Charges for these services shall be billed to the responsible contractor, as follows: (1) Inspection (one man): weekdays ••••••••• After normal duty hours, weekends, and hol i days •••••••••••••••••••••••••••• (2 ) Lamp i ng (c rew of two (2 ) men ): w e kdays After normal duty hours, week nds and h oli days TAPPI NG OF MA I NS NOT OWN ED BY TH CITY $12.50 /hr. $18.75 /hr. $25.00 /hr. $37 .5 0 /h r. When an appl cat on 1a rec 1ved for connection to maina or facilitl a not o wned or controlled by the c ty , a permit for aaid connection w1ll be granted only in thoae c aea in which th Utility 0 partment shall have be n duly authori z ed , in writ1 ng , by the owner in control of such ma1n or facillti a to grant a u ch permit . 53 • • • • 15-5-10: MISCELLANEOUS (A) Conflict All other ordinances and parts of other ordinances inconsis- tent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. (B) Severability If any provisions , paragraph , word , section or chapter of this Ordinance is invalidated by any court of competent jurisdic- tion , the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. Section 2. Repealer. All ordinances, including specifically Chapter 4 of Title 15 of the Englewood Mun icipal Code of '69 as amended, and any resolutions, or parts thereof, in conflict with this Ordinance or the Englewood Mun ici pal Code of '69 as amended, are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinances nor revive any ordinances thereby. Introduced, read in full, and passed on first reading on the 17th day of October, 1983. Published as a Bill for an Ordinance on the 19th day of October, 1983. Read by title and passed on final reading on the 7th day of November, 1983. Publ ished by titl s Ordinance No. ________ , Ser1es of 1983, on th 9th day of Nov b r, 1983. At est: Eugene L. Otis, H yor ex of icio city 54 I • • • • • 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. H1gbee 55 • I • • - '• • • • Englewood Parks and Recreation Commission Min utes of August 11, 1983 The regutar monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5:40p.m . by Chairman, Jack Poole, at the Englewood Municipal Golf Course Club- house . Members present: Boardman, Bradshaw, Gomes, Howard, Poole Members nbsent: Allen, Higday, Romans, ex offil:io Also present: ... Doug Foe, Assistant Director of Parks and Recreation Leon Kuhn, Assi stunt lli rector of Parks and l!ecrcat ion Jeff Weist, Recreation Youth Council Mary Carter, Mayor of Bow Mar & Chairman of the Greenway Committee Joan Mason, Greenway Committee floh Senrn s , Urban E<lgcs Chairman Poole asked if there were any additions or corrections to the minutes of June 9, 1983. Commissioner Bradshaw responded, stating that on page 1, para . 2, sentence 4, be corrected, in part, to read "Sinclair Princ~pal Ryder's name is correctly spelled "Reiter" and requested that the spellin g in the minutes be corrected.·~ and striking the word "thusly". A motion was made and seconded that the minutes be approved as a•ended. The motion passed. Con~..crn1n11 the •·ommunl ty eo nter, As sis tant llircc tor Foe l'cportc<l th.ot he .111<1 IHr c~lo1 · Roma ns have met with the architects, Barker, Rinker and Seacat, and due to com.ents from the public concerning the appearance of the building, so•e •inor changes were .adc in the ba ic entry des1gn toe tablish a •ore pleasing look . Foe also reported that the Meadow Gold proper ty at alamath and Oxford is now being purchased at $3 .65 per sq. ft. The City Attorney, Rick D Witt, s presently drawing up a contract to be pre ented to J s Schaefer of Be tr ce food n Chtcago to final t the purch 1 of thi 3 .2b A p1 ce o land. fh total purchase price is $51 ,240. Fo stated that the new co..un ty nt r w1ll b co pl t d, barr ng any co•plicatlon , around D co~ r, 19 4, or soon thor tor . Co issioner Howard oxpr ss d th d tre th t, upon co• 1 t on o the oMun ty ~· ntcr, nd • ort on publi ty, Hot n , s1 d shows, t ., in prepar t on o th bond t on . It tho goner ons nsu o tht ~ Ilion tha a pl u , list n the n o the n co• tot • e r , pla ln th n on r d th. t I • • Englewood Parks anti l!e~.:r ea t io n Comm iss ion Min~tes of August 11, 1983 Page -2- r a complete li:t of name s be lis ted on the pl a que . • • - Commissioner Boardman, in discussion of games and activities of the community center, stated that he doc~ not fnvor v ideo g:~mc ~ i n the community ,·,•ntcr lw I i l'V i 111: tht'l'l' wi II he more wholesome activities in which the youth of the community may participate. Chairman Poole introduced Mary Carter to the members of the Commission. Mary explained that she is the Mayor of Bow Mar, but at this meeting, she is representing the Greenway Committee as ~ts Chairman . Mary introduced Joan Mason, statin11 that she is also u member of the Greenway Committee and she has been very active in the promotional aspect of the Green- way sy-;tcm . Mary cxpl:oincd that the purpose or their att<.!uda~tn· at luHiJ;ht'~ llll"<"lilll! is to encourage the Commission to support the efforts of the committee in financing the Green- way system from Bates Avenue to Hampden Avenue . Bob Searns of Urban Edges was also present, and he explained the Greenway Committee's approach to every community in Arapahoe County asking for their cooperation and financial support to complete the Greenway project. lie stated that in all the foundations contacted to support the project, he felt that the Gates Foundat i on is the most responsive institution since they previously made a ~.:ontrihutlon, and are now expressing an interest in aaking a $125,000 donation on a matching funds basis. Searns, at this time, presented and narrated a slide show put together by the Greenw y Committee . The purpose of the slide show is to expose the needs, expectations and goals of th e Comm1ttee for completing the trail to groups, organization , nd communities 1nter- e s ted i n upporting their efforts . In di s cu 1 on, Soarn s s tated that South uburban Parka nd ~ re t on Distri c t h 1 1 an d an agree• nt with the Gat 1 Foundation agreeing to aainta1n the tra i l b t n t nd H •pd n Avenu s, although th s area lies within the city lia ts of englewood . Us 1na u d1 gr m o th South Platte R ver rca 8 t 1 Avenu to Oxford Av nu , h indi cn t d that th tr uld eros over to the E at 1 de of th river t th brid e lo t d on 11. • i I ton P 1 co .. iss oner Bradsh w nsk d for an explon t on of th G to Found t on · t htn nd o tr . b arn explained that t ere ar three ph sea to th $125, tlon c. ar nt . Th 1 rat p a a contrlbut on of $25, doll r or J liar, ~h h • I • Englewood Parks and Recr ea tion Commission Minutes of August 11, 1983 Page -~- • • • is to be used.for engineering services for the total trail from Bates Avenue to llampden Avenue. The second phase of the grant, a contribution of another $25,000, to be matched dollar for doll ar, will he used to construct the trail from llates Avenue to Little llry Cre ek. The third phase, Gates has allotted $75,000 to be matched three to every one dollar contributed by Gates, also for construction of the trail from Little Dry Creek to Hampden Avenue. When this segment is constructed, the Greenway Committee will be asking Gates Foundation to.~.assist with the trail from llampden to Oxford Avenues. Bob Searns stated that he plans to approach the City of Littleton and also Arapahoe County for additional ~upport on the trai I constrw:tion expenses. When asked by Leon Kuhn concerning the possibility of contributions from the state parks fund, Searns reported that Governor La~ is considering $1,000,000 for possible construction of trails that extend out from the main Platte River Trail, such as a possible Bear Creek trail. After considerable discussion concerning the greenway system, Coamissioner Howard made a motion, '>eco nd ud hy Commissioner lloardntan, that the Co111111ission HIU!o.c u rc.:ommenJation to City Council to offer full support for the develo~nt of the South Pl tte River Green- way Trail through the City of Englewood connecting with the Denver trail at llates flv nue and continuing to Oxford Avenue where the trail will be continued by the South Suburb n P rks and Recreation District. The .ation passed. Concerning the greenway trail, Coaaissioner Bradshaw aad the suggestion that, if c ont ted, p rh · ps th tud nt o th v r ou rea on 1 high » hool» would b w1lling to ponsor so .. fund rais na projects to h lp f nance th tra 1 . A sist nt Director Foe reported that there have en two .actin with hool offlclal and re r at1on st f. The ncluded o oe v d on, u r\nt ndcnt o hool , J • Ph lltp , D1rector ot Property rv cea, Andy , City Foe I. on uhn, As at nt 0 r ctor o P nd P. tor o 11ar unl.l re uon . Th purpo a o th s et a to outl n th n ed o a hool nd tty nd to r bl h a ttar under t nd na of oth r' h an t l n I • ( Englewood Parks and Recre a tion Co mmission Minutes of August 11, 1983 l':q:c -~- • • • with Steven C ~h en , Principal of Flood Middle School, Dr . Jo Roberts, Principal of Sinclair Middle School, Ken Ballard & Carolyn Tracy, Recreation Supervisors, and Doug Foe, affirmed hi s f eeling that coope rat io n hetween the two is improving stcadi ly. Mr . Fo u ux prossud a fueling that this kind of progress will do much to improve programming, which in turn will strengthen the public image of the two systems. Commissioner Howard asked if it would be possible for Commission members to receive regular reports of these meetings so as to be better informed of their progicss in de a ling with such matters as comm unication, facility usage, etc . Commissioner Bradshaw indicated she feels the School Board should define their philosoph i l '~ t 'OIIl'Crll i liB >.tudt•lll l"'ograms. Bradshaw also stated she feels that, except for Sr. American football, there is no sports program for middle school and the Jr. American programs should be expanded to in- elude the 7th and 8th grade students in basketball and volleyball . She stated that due to Title 1~ it is now required that a sport for girls be offered for each sport offered for boys. Bradshaw suggested boys football, girls volleyball, and boys and girls basketball be offered. 1\ssi,tant Directo r Foo s tatcu that those subjects havu bucn adurusscu at tholr meetings with school offici als. After some discussion, Commissioner Bradshaw made a motion that a recommendation be submitted to City Council that tho Park s and Recreation Department offer n fter school sports program for 7th and 8th grade s tudent s to b gin wi th the lY 3-84 s hool year, and the sports program would inc lude boys football (which is pre cntly offered), girls volleyball, and boys and girls basketball. The motion w s econded nd pas~ d. Co issioner Bradsh w lso r co .. nded th t no facility ch rg bo d to th Clty for use of gya for these progr In d s u 10n con ern na co ch ng staff for youth sports prograas, Re rc t1on Youth Coun 1 m b r W ist sugg st d that the ecreation Depart• nt i mpl nt a volunt r p rent 1 pro r • sta t n that the South uburb n Recreation and Par s 0 strict h IU C ul pro r • o th s ty not onv n ed th t our depart• nt ould b net t fro• a pro raa o c losely 1n olvln p r nt r dsh su It th t p rhaps llbers o th n'a Col 'lu ulu h I • ( Eriglewootl Parks a nd ll ecreati.on Commission Min~tes of August 11, 1983 Page -5- • • • willing to vo l unteer their time to coach a high school golf team. Concerning the City Council's action of the addition of two youth members to the Parks and Recreation Co mm is sion, Commissioner Bradshaw rC'Iatcd t·casons why lhrcl' memb ers of the Council were opposed to this action. She stated that Councilman Bilo felt the youth members should be appo i nted by the School/City Committee rather than the two School Board representatives and two City Council representatives. Councilman Higday felt that it was possible that&the youth members may feel intimidated by tho adult Commission members, while Councilman Neal was concerned that an item such as a foundation may be too much respons - ibi I ity for ~omconc in th is ai(C l'atc~c:ory. ln discussing recruiting procedures for the two youth members, Commissioner Gomes suggested that Englewood High School Principal Price be contacted in the form of n Jetter written by Chairman Poole . Gomes suggested that announcements be made over the PA system when school begins instructing interested students on the procedures for applying for the positions. The application must include a paragraph explaining the student's reasons for wanting to serve on the Comm ission and also their 4ualification s. It wa s a grccu that the announcement should run through September 15, 1983, and that candidates will be interviewed and selected by the Commis sion pr i or to the October 13 Commission meeting . With regard to the Commission meeting of May 12, 1983, wherein a motion was made and passed thut u recommendation be made to City Co un ci l that Urban Edges bo puid lU \ of tho $1,000 grant awarded by the Piton Fo undat ion toward the construction of the South Platte River's hike and bike trail, Comaissioner Br dsh w stated thut now that tho Piton grunt h ~ b en r ceived, the coma ssion should be pa d to Urban Ed ges. co .. ission r Brad shaw ot on, seconded by Commis i on r Howard, that a reco .. ndation be sent to City Coun 1 to p y Urb n Ed ge s $1 00, which 1 10\ of th e $1,000 grant, to be appropr ted from the P r nd R r ation Fou ndat on Trust Fund. The ~tion p ssed. A sist nt Dir tor Kuhn nfor110d th Co•ission th t Mr . & Mr s. K nn th C rlb rg donat d $20 to th P rks and Recreation 'F oundation Trust Fund to be us d or the pur h o a tree for the aolf cou rs . Co•iasion r Ho ard aade a aot on, a onded by Co on r • I • • • • • Eng'icwood !'arks and itecreation Commission ·~linutes of August 11, 1983 l'agu -G- Gomes, that a•recommendation be made to City Council to appropriate $200 from the Parks ( and Recreation Foundation Trust Fund for the purchase of a tree to be placed on the Engle wood Golf Course. The motion passed . Assistant Director Foe announced that the Sinclair pool cover, purchased in January of this year, has cut gas consumption for heating the pool by 59% resulting i n a dollar savings of 51\. Foe distributed copies of a memo he wrote to Director Romans which illustrates a~omparison in utility costs for the 1982 and 1983 seasons at Sinclair pool. After some discussion, Commissioner Bradshaw made a motion, seconded by Chairman Poole, thal a .:upy ul' this 111u1110 I.Ju sun\. to City Coun.:il for their review. The motion passed . Concerning the summer drama production of Lil Abner, several of the Commission members and staff agreed that the play was very well presented and entertaining. Commissioner Bradshaw made a motion, seconded by Commissioner Gomes, that a letter of congratulations be sent to all production staff members of Lil Abner for a well managed presentation. The motion passed. Under Commissloner's choice, Commissioner Bradshaw reported that the steps at Belleview Park need to be chocked for safety. She learned that a woman fell on the steps a short time ago. Also concerning Belleview Park, All sistant Olroctor Kuhn ·reported that 1.hae to the heavy rains during the summer, rip rap at the Belleview Park bridge has been washed out. He stated that it is to be replaced through funding from Urban Drainage. Co ssioner Bradshaw stated that she btl eves better p r patrol, p rticularly along th south p en c area, is need d to help prevent groups from conareaattna with 1 ohol nd druas s th 1r entertalnaent. R ro t ion outh Coun 11 111 •bor Wol t do crlbod hi oxp rl nee at th<' lnllh•wuod lli~th School Pool on ft rnoon durlna an oloctrlc•l tor•. lt wu p ulntod that there i . a pole 1 dan outdoor fro• th Indoor cor ho rd which vlo.Jcntly ttrn t lljthtnlnn holt , nd hen th s h pp n d, ther w 1 blu alo in tffe t on the nterior o th pool 1 th n cle red • pol . Th • • I • ( ( 1. •• ,;.~"""u r •ar~s an d 1\c cn.:a tion Commission Minute~ of Au~u st 11, 1Y~3 ·Page -7- • • • Commissioner Boardman reported that the School Board voted to continue the fall swi mm - • ing program at Sinclair when school resumes the last of August. Commissioner Boardman also inquired al>out the possihilitit's of a puhlic·ation ur advert- isement to inform the public of volunteer coaching positions that may be available through the Parks and Recreation Department . Boardman stated that recognition is a big factor in keeping volunteers interested . Commissioner Bradshaw stated that she will have Dorothy Oalquis t, Puhl ic Relations Specialist for the City of En~:Jowood, conta<·t !lob to disnrss ... some ideas on publicity of this type. Commio;.,ioncr r.omes reported thilt, ilt any givt'n time, tlwn· i'l al w ay'~ l~r ·:o v<•l u11 th<• tennis courts at Charles Hay (Barde Park) stating that it creates a dangerous situation for those who want to play tennis . He also inquired about the timing of the court lights and was informed by Assistant Director Kuhn that the many electrical storms this season arc making it difficult to keep all the court lights synchronized, but the park crews are checking tlmcrs after each s torm to correct any malfunctions. Comm1~~ioncr r.omco; alo;o thanked Commis'lioncr llowanl for host<'"'illl\ the• M.aii<'Y C<'lltcr Advisory Commlttee's annual picnic in July, to which the Parks and Recrc tion Commission members were inv1ted. Everyone agreed it wa Most enjoyable. Comm1s loner Howard inquired about the topsoil beina removed from th detentlon pond . .ra.:.;. Sha.: wa -. anloraacu lly uhn that :.omc i!> bean¥ uscu at the ¥011' 1.uur-.c .auJ '>01 c IJctna s toc kpil d for u on the South Platt River trail. Ch IJ'IIlln I' ol 1nqu r d l>out tho dunacroull sltuut&on of th 4 t . hi11h en ilt Spen er b 11 ield . Jt was request d by Recreation Supervisor Ken 11 rd th , du t o inJurie d by bull pl yor dut'i na rc ont tourn 110nt, b r pla d by ll t . hi ah ten uhn t ted th lt has b n pla d n th 4 bud nd h h. h n tn ora d b) 1 t~nt l:tty n~ t tho da nu>tr tio h uppro u r pi ~ 1 n¥ th hn..:~ dlc c ..tnu lib. 1,; iilf 11hoo tn~tulrod ut •lbll ty ot 1 llht ll iur 11 H u 11- t tl t ppro by t I • ( • • E,g I <.:wood I' arks and ltc<.: rca t ion Commission .~H.n'utes of August 11, 1983 Page -f!- • • • budget, but w~ll be recommended as a number one priority item to Council for the Six Quarter Public Improvement Budget. Commissioner Bradshaw requested a memo outlining in uctai I f ;l('l' and fiJ•,urcs to I'C-l'llfOI'('() the l'l'((IICSI l'ur lll'W I ights at lkliL'Vi,·w hall i'i<'ld. The meeting was adjourned at 8:05 p.m. Linda Wilks, Recording Secretary I • • ( ( CALl TO OR DER • • • EN GLEWOOD HOUSING AUTHORITY Board of Commissioners Regular Meeting We dnesd ay, Augu s t 31, 198 3 Simon Center 3333 South Lincoln Street Englewood, Colorado B0220 SJJ ((. The Regular Meeting of the Englewood Housing Authority was Called to Order by Cha irm an To m Burns at 5:05p.m., August 31, 19B3, at Si mon Center, 3333 So uth Linc oln Street, Englewood, Colorado B0110. fWLL CALL: ~em be r s Present : ·1embers Absent: Also Present: Tom Burns, Cha i rman Beve r ly Bradshaw, Me mbe r Valer i e Lash, Member Cindy Peterson, Member Be t ty Be i er, Vi ce Cha i rman Fr ance s Buck J onas, Executive Di r ector Li nda A. Knop i nsk i , Hous i ng Adm i ni strato r Jim McCabe , Visi t or f ro m t he f inn of R. Syl vester, CPA Ramona E. Bosze , Recor di ng Secretary M/S BRADSHAW, PETERSON TO GO TO AG ENDA ITE M ON FEE ACCOUN TING LET TER FR OM THE FIR OF R. SYLVESTER , CPA , MOTI ON CARR I ED AS FOL LOWS : AYES: lAYS: BURNS, BRADSIIA W, LASII, PeTERSON ONE ABSE T: BEIER Exec Oir stated that while EHA is considering going to own computer syslcm, not o ly would u large sum of money be required, but it would be several months be or it would be operational. Therefore, she believed we should consid r other alternatives. Upon chec ing Exec Dlr believed fee accounting wo ld be h os easible and cost effective. She ther or request d R. Sylv ster's firm to submit a proposal. ~1r. J1 C b of Rob rt J. Sylv ster' CPA finn attend d the meeting to discuss th 1 tt r they submitted outlining th services they b 11 ve they can acco pl sh for EHA in form ace ptabl to HUD, as w 11 as t heir t n- tativ s. H discoursed gen rally on th fr servic s nd stated that y s up accounting to t HUD r qulr nts, nfonnatlon could easily r c d or any EHA r porting. Th lr s rvic s could prob bly b im- nt d b nd o S pt r. I • -• • • -2 -Minut e'>, Ell/\ lld, H<ll-ll:.l Mr . McCabe stated they would extract the information from the City books as they are now, and put the i nformation into their system in Housing Authority/ HUD language. We would then have our information readily available , in proper form and could submi t timely reports and financial statements acceptable to HUD. To ac co111 pl ish th is , i t is bas i cally a mail -in service at the end of each month. After all business for the month is completed, we send a copy of t he paperwork to the Sylvester firmand they do all the entering and account- ing through their computers. This will be done in a format acceptable to HUD and understandable to us. If in the future we decided to qo to our own computing system, the Sylvester firm waul d be approachab 1 e on setting up the paperwork for us. l~r. McCabe left a s tandard contract with the Exec Dir for Board perusal and decis i on. Executive Director stated that we would have to get individual responsibilities cleared with the City, hut in all discussions with rinance, finuncc hu ~ ex- pre s s ed agreement that fee accounting would be benfic ial to Finance as well as EHA . Tom Bu r ns thanked Mr. McCabe for coming and exp r essed EH A'sappreciation for t he enli ght ening pre s entation and informed him we will let his f i rm know EHA's decision by the 16th of September. I. 11/S BRADS HAW LASH TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUS T 25 , 19 83 , MO TI ON CARRIED AS FOLLOWS: AYES: NAYS: ABSENT : BURNS , BRADSiiAW , LASH, PETERSON ONE BEIE R The July 27, 1983 min utes are i n pr ocess a nd will be presented at a l ater me et ing. II. PUilll C HOUS lNG Status ~arts -The Du plexes, Or ch ird Pl ace and Ma in tenance Sup e r viso r Status--RePorts ere all no ted and acc ep ted by the Boar d . The Board dis · cussed th accounting for hours spent by n int n~ncc p r~onncl 1n refur- b1s 1ng u lt . The Exec D1r was request d to prepare a tim sh t or minute o min ute accounting of ho w much tim lS spent on each it by intenanc p rsonnel. HUD 1 tter r 9 rd1n~ Budaet Re v1 w -HUD f els t ha t the tim for budget review should be ex ende , bu t t hat t he r evi ew will ha ve t o b accomplish d in th v ry n ar future. (xrc Dir will in t in HUD cuntdct , e P them 1n orm d as to our progress on budg t pr epara t i on and sc hed ul t h r v1 as ~oon s possible. 3 Correct1 A tlon -This w ju~t. un n urlklliOih.d at.COrrect v act ions ar cc pt d and t r v ot d and ace pted by t h Board . • , I • • • • - -3-Minutes, EHA Ud, U-31-UJ I I I. SIMON CENTER Status Report for Simon Center was noted and accepted by the Board. A discussion ensued on the status of a smoke incident in Simon Center. A tenant had l eft a rag in the oven after cleaning it, then turned on the ove n, an d sm oke had permeated the apartment, not set off the alarm, and affected tenant through smoke inhalation. Tenant was taken to hospital, checked and released. The Exec Dir explained that smoke alarms had been checked just a week before and were okay. This particular type of smoke was of a chemical content which did not set off alarm. The Fire Depart- me nt checked the alarms after the incident, pronounced them fully opera- tional and stated that no alarm will cover all smoke, but that our alarms are the best overall which can be obtained. The staff are following up on i nforming and educating tenants on alertness to fire hazards. Waiting list Policy, previously approved by the Board, was examined, noted a nd accepted by the Board. Fl oyd Avenue Reali~nment -The present plans by Englewood City Council do not require that F oyd Avenue be realigned to where it would affect Simon Cente r parking lot. IV . SECTION B EXISTING Sec . 8 Status Report for July was noted and accepted by the Board with th e comm ent by Exec Dir that she is going to send a letter to HUDon Fa i r Ma rk et Rents, r equesting an update and increase of allowable limits. She will enclose EHA reports for several months showing that the applicants are unab l e to obta i n housing within the allowed amounts. We have been wai t ing fo r over twoyear s for new Fair Market Rent guidelines, and i t is causin g us cons i derable l ost staff time, as well as being i nequitable to appli ca nts, as they are unable to find adequate housing within the parameters prese nt l y in effect. HUD l ette r on corrective Section 8 action was discussed by the Board. Exec Dir s t a t ed that the Manage r and Housing Administrator are working on th e Adnlir,lstruti ve Plun cJsked for i n IIUD fi nd i ng s and we s hould have i L f or the October me et 1n g. r~r. Henry Tobo of HUD has agreed to an extens i on of ti e for our compl et i on of correct i ve action on the Fi nd in gs. -r:-=-~~~~r-~::..;;.:=.:...=..:..;.,;..;,.;L-:.:.the Sec.tion 8 Overpa m nt w s noted and accepted Equal O~portunity Hous1n Plan • Th upda t ed pl n wa pres nted t o th Bo rd. M ber . Bradshaw stated s~w ould lik t o se the littleton Indep ndent 1ncl d d in the list of n wspapers notified wh n w h v an equal opportunity ction. Ho sing Ad inistrator L. Knopins ki w111 inclu d this publication on the list in the plan. n ' • • • • • • -4-Minutes, EHA Bd, B-31-83 Th e r e ~1 a s a "re t urn, postage-free" card inserted in the Englewood Citizen for de livery to Englewood Residents, prepared by EHA Rehab requesting they fill ou t the questionnaire and return it. The questions were about the condit i on of their home, and asked them to mark any deficiencies, and re tu rn it t o us , so we ca n see wher e Rehab i s mos t nee ded. Th ere ha ve lwt•n se veral hundre d retu r ned and it will assist us in ascertaining where reha- bili tat i on i s most needed. It should not only give us information, but generate interest i n the EHA Rehab program. Letter from Carl ..Bl!?_~g_ pertaining to the purchase, s torage and move of the house presently at the Service Center was discussed, and the Board noted that bas i cally Mr. Ryberg is saying he will have them moved in about thirty days. This item wi 11 continue to be moni tor·ed by EHA Staff. Letter to West Baker Site owners, declining purchase was noted and accepted by the Board. Ho us e l~o v in y Pr ojects The Exec Dir presented a r eport on the acquisition and relocation of house to De law a re s i te. Thi s was approved in the Special Meet i ng 0f August 25 , 1983. The ow ne rs are wi l li ng to donate the 3 bldgs, plus funds to defray some of th e mo vin g costs . They want to use these donations as an IRS tax ~1rit e off and need a l etter from EHA stating the donat i on was for a public purpose, ~lith au t henti cat i on of our public status. They would app r eciate it 1f their a t t or ney and ours could mutually prepare a document which would be acceptable t o IRS . Exec Dir stated our former attorney K. Al l i n had notified her that we, EHA, were a publ ic agency, wh i ch wou l d allow t he full ta)' deduction. Bo a rd dire c ted Exe c Di r t o f ollow up to see t hat the ncccs~ary doc e tation is sent to t hem. We ere referred t o a co uple of brick houses ava il ab le by t he J RS Shopp1ng Center, but unfor t un ate l y we were unab l e to mo ve quic ly enough to acqu1re t em, as they ad a contract f or the day af te r we first heard a out t em, b tour Rehab personnel are consta ntl y on the loo out for s1tes and homes which would be applicabln to ou r pr oyram. e hav also been o fered a ho use on Garfiel d, which would b appropriate to move to one of our Delaware , already acquired , lots. The proJect would cost as follows: Lot -Acq ired Fund d Acqu1 ft1on and Move Foundation/Site Preparat1on aps or Utilities Rehab of House one oved Yard Lines B s ' nt f,d in1stratfon Fees Tota 1 Cost -0 - $14,000 8,500 3,500 12,000 2,000 l,UOU _s oo S4 ,800 uld b rom th S1 n Ccnt~r r rv • • I • ( ( ( • • - -S-M i nule~, EH/1 lld, U-Jl-!JJ ~/S BRADSHAW , LASH TO GO AHEA D AND PURCHA SE THE PROPERTY AS OUTLINE D /\NO k~THOR ZE THE EXECUTIVE DIRE CTOR TO CO NT RACT FOR THE GARFIELD PROPERTY, :·:CJTIOI; CARR ED AS FOLLO~J S : , 1:~: flURNS , 13HIIDSIImJ , L/ISII , PETEflSO N '11, IS: II(JilE M El BEIER R~n~l_iE .!.iQ!l. Lo a n__f_~~ ., I~ i'ET[H ~ON, l:ii<AU SHA W THAT VALER E LASH Bt: THE EHA 130ARD REPRESENTATIVE TO THE REH AB LOAN COMMITTEE, MOTION CARRIED AS FOLLOWS: f..fES: /,AY S: ABSEIH: BUR NS, BRA DSH , LASH, PETERSO N NONE 13EIER ;t •• Lucr• uttt:/Jlt:cJ the pos1liun as our Hepresentati ve. Q.!B.~~ CHOICE ncc.ounting/Computer Study -Exec Dir contacted U. S. Systems, but they ha ve 'ev er res~ond ed. Board agreed that due to their apparent lack of interest .·re 11111 not rnake any further effort to contact them. Exec Di r check ed into tr.r: Ill LOz COii ifJUL(.)r and t he: 13oulder Co111puter Syste111 while attending Lhc llouluer· tonf erc nc.c , and while they were excellent, they did not appear to be c.osl r:ff ec tivr: for our ne eds . f1flt:r di'.tu•.•.ion 50111(.) of lhe conclusion!. rc u<:h (.)U by Llic llou r-d wer e: -----I-we purch ase our ow n computer and set up our own system we will require at least one additional person with accounting knowledge ~nd background, as well as other clerical staff. This would add cons1derable ongoing e~pense, in addition to a l arge initi al cost. -----To convert to our own c.o111p uter would Luke several 1110nlh~ lo liuvt· iL f lly OfJC:ruLiollul u11detfec.Li ve, nu we: nee d Lo get IIUU u!J!Jrovcu docu ~entation as soon as possible. -----Fee account 'ng would be able to be impl eme nted within weeks and ~1o l<J be reson bly easy to convert to our own sy~te111 in the 1 uturc:, and should be serio sly considered. -----H 0 B dget for 1983 is p st due, HUO Budget for 190~ i due October , nd th City ceo nting yst m i not set UIJ to enublc uudg t 111- or. tion to b readily extracted in a form acceptable to HUO. rerefore, be ore next board meeting should have discussion nd ~ctlon. -----Fcc: uc:counliny wo ld bl! et up in proper IIUIJ rcporLHig, uuuut.•L uTili financi 1 st t ment foru t, and could be 1mplelll nt d Wl thin Lhc limt.• rutrt: uCCC!(ILuiJlC lo IIUU. • I • - ( ( • • - -G-MinuLt!'-.., [11/1 ll<l, 11-:JI-H :J -----HUO did not like previous audit as it does not tell them the infor- ma t ion they require , and HUO requires a compliance audit. HUD has been very understanding but they need our accounting up-to-dat e now so we do not endanger our HUD funding. To switch to our own computer system v1ould take too lonq, the City account"imJ i~ nuL in IIUIJ fcJrt ndL, IJu L fc:c: utcounLiny ~li uuhl liuvc Llw infonuuLiun t·c:- quired in a n10re accessible form. -----For other t ha n accounting procedures or reports, for keeping track of inventory, vluiting lists und other in-office require111ents CP/\ IJt:l ie vt:d o v1urd prult:~~ur , with "floppy disks" would be et f~tl'i vc, and cost at mos t around $4,000, and could take care of any items they do not cover . This could be considered and impletncnted aL any Lintc. ---··If v1e can get required paperwork to HUD in as correct form as possible, the n , if revisions were necessary, they could be processed through fc~t: iJtlCJllflliii«J <,y stcnt Ylilh lltilliiiiUIII dt 'liJy ur di•,ruplion lo WlH'k •.Lin•dult •. 'V':. BRADShAvl , LASH THAT HUO BUDGET PREPARATION AND ACCOUNT lNG BE ON AGENDA FOR SPEC IAL MEETING ON SEPTEMBER 14, lgB3, MOTION CARRIED AS FOLLOWS: hiES: ·,~ts: ABSEil": B ~IS, BRADSHAI, LASH, PETERSON I OIIE GEIER : :-<:t -~~~_1!.1_0__~-~Qqe_~ -Under the 82 CD Grant the Hous 1 ng Authority rccc t ve; ffil ,s:.c.. •or h(J sin g r ehab, and in add1t1on t o th t $39,750 tor general : ~i st'atlon of the program. The CO d i Budget w s noted and accepted q tr.t l:,r,~ rd. .,..e~te_c...to....c~9.bert_B. t1oc~,_E-~g. stAttng E t Wle a m atter~ v1as rtOtt!d by the '' rd . se ~t to t . e other Attorney~ contact d t dn !I COI~JJ.SS IO_fJi _CHO I!;_~ ndication i ~ to ret i n his services for .; r H cd lt:Llcr!.t i 11 be tn for the1r ti • n nd I • • ( ( • • • • -7-Meeting, EHA Bd, 8-31-83 VIII. PUBLICATIONS The articles on Kremmling Senior Citizen Housing, Housing Affordability and Housing Affairs Letter article, as well as the NAHRO Action Alert on Pending Congressional Action were noted and accepted by the Board. The Downtown Englewood Redevelopment Project proposal was given to the Board for their records. tIS PE ERSO , LASH THAT MEETING BE ADJOURNED, 110T!ON CARRIED AS FOLLOviS: AYES: NAYS: ABSENT: B RNS, BRADSHAW , LASH, PETERSON NONE BEIER Meeting was adjourned at 7:41 p.m. Ramona E. Bosze, Recording Secretary • I • • • • ,. - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 14, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 p.m. by Chairman Donald Seymour. MEMBERS PRESENT: Kreiling, Hallagin, Dawson, Gage, Ferguson and Seymour. MEMBERS ABSENT: Brown. ALSO PRESENT: Dorothy A. Romans, Assistant Director of Community Development Charles Grimm, Assistant City Attorney Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * The Chairman de clared that with six members present, it woul d require f ive affirmative v o tes to grant a variance. BOARD MEMBER GAGE MOVED THAT THE MINUTES OF THE AUGUST 10, 1983, MEETIN G OF THE BOARD OF ADJ USTMENT AND APPEALS BE APPROVED. Board Member Daw s on s e c onded the motio n. Upon a vote s ix mb r s v o t d in th tha t the minut s s t and APPROVED. f f irmative . The Cha irman rul d * * * * * BOARD MEMBER GAGE VED THA T TH E FIND! GS OF FACT I N CASES 0. 14 -83 , 15-83 , 1 -83 , 20-83, ~VD 22-8 3 BE APPROV ED. Board mb r D v on econded the motion. Upon a vote all ix rul d that th Findin a o act in 20-J, and 22-8 stand APP V D. f£1r .. tive. Th Chair n • 0. 14-3. 15-) • 1 -8 • * * * * * o. 17-3 v a offic i ally ttox , 3240 South Ch rok S r id ntify th r qu at . • n. Th Th I • • - September 14, 1983 Page 2 • • • Gordon E. Mattox, 3240 South Cherokee Street, was sworn in for testimony. He said that he has lived at this address since 1978. He said that he wanted to construct the porch in order to beautify the house and to aid in snow removal. The steps that already exist would be incorporated into the porch, and the porch would extend only about 14 inches further into the front yard than the present steps do. Most of the structure will be built to the south side. No view will be blocked, the neighbors have agreed to the construction of the porch and feel that it will help the looks of the neighborhood. Mr. Kreiling asked if there is presently a stoop there. Mr. Mattox said there is. Mr. Kreiling asked if the porch would be covered. Mr. Mattox said that it would be covered and would have a wrought iron railing. The Chairman asked if there were any further speakers in favor of the variance. No one came forward. There were no speakers opposed to the variance. BOARD MEMBER HALLAGIN MOVED THAT IN CASE NO. 17-83, GORDON E. MATTOX, FOR PROPERTY LOCATED AT 3240 SOUTH CHEROKEE STREET, SHOULD BE GRANTED A VARIANCE PERMITTING A REDUCTION IN THE MINIMUM REQUIRED FRONT YARD FROM 25 FEET TO 13.25 FEET TO CONSTRUCT A COVERED FRONT PORCH. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTIO 22 .4-4 h (2) (a ) -MINIMUM FRONT YARD. Board Member Gage seconded the motion. Upon a vote all six members voted in the affirmative, and the Chairman ruled that the variance was granted. He told the applicant to apply to the Building Division f o r permits. The member s gave th ir f indings a s follows : Mr. Kr iling stat d tha t he had voted in favor of the vari nee bec ause the a pplicant met the s ix requir m nts for a variance. Hallagin said that h had vo ted "yes" b c aus there was a hardship; u ld i mpr ov e th prop rty and the neighborhood. The s ix r quirement s t . M • D wson said that ah vot d "yes " be caus th e re w re two let t e r s of approval from th n ighbors. Th por ch will improv t he ppear nee of th prop rty nd will .. k a b tter e n tran to th hou1 . vot d in condlti na ri nc becau v rian · Mr. F r us n vot d in vor of the th six conditions r quired for vari nee. th varian or , i s a h r d n i hbon. the ppli ant t th ppUcant t pr nt porch is pplic nt. The r ra. h Ch ir th ~0 b b in lud d in h r cord. Th w • • •• • • • - • • • • September 14, 1983 Page 3 The Chairman declared that Case No. 21-83, Robert Kurtz, 2280 West Evans Avenue was open. Mrs. Romans stated that the applicant is requesting the Board of Adjustment and Appeals to interpret a decision made by the Board on Case Number 6-73 on February 21, 1983. In order to make an interpretation, the events which led up to this case are provided in the following records, copies of which are available in the Secretary's file. 1. January 10, 1973, Board of Adjustment and Appeals meeting. a. Minutes b. Staff report c. Application for variance (December 18, 1972) d. Building permit for structure (June 6, 1961) 2. January 16, 1973, memo from George Lee, Assistant City Attorney to Bill Brokate, Chief Building Inspector. 3. Januery 16, 1973, letter from John Criswell to Board of Adjustment and Appeals. 4. January 22, 1973, letter from John Criswell to George Lee. 5. February 14, 1973, Board of Adjustment and Appeals meeting. a. Minutes b. Staff report 6. February 21, 1973, Board of Adjustment and Appeals meeting. a. Minutes b. Application -Champine Tire c. Application -Janet S. Tague (February 2, 1973) d. Calendar of cases If the interpretation by the Board of Adjsutment and Appeals of Case Number 6-73 does not permit the storage of us d auto parts and other inventory on the subject prop rty, the applicant then requests a variance to p rmit th r quested us a. With his application Mr. Kurtz enclosed a 1 tter from John Cri ell, Attorney-at-Law, requ stin this variance and includin the applicant's justification, whi ch 1 tter vas read into the record of the etin • This 1 tter follow : LAWO IC July 11, 198 ood oard o Adjust nt s. 1a 1 OOd, Color o 0110 • I • • September 14, 1983 Page 4 Re: Robert Kurtz -P. Arthur 'l'ague Janet '!'ague 2220 West Evans Avenue Gentlemen: • • - Enclosed herewith is a request for a variance on the above property. This request, however, is merely a conditional one and one which we seek the Board to act upon only after interpreting its February 21, 1973, decision. On that date, the Board, pursuant to a variance request filed by the owner, authorized the southern portion of this property to be used for the: "stora~e of inventory and for parking of vehlcles." The present applicants agree that this prior decision does not authorize the storage of automobile bodies and, to the extent that the operator of the business upon this property has been utilizing the same for this purpose, JJlat use was unauthorized. However, for a number of years prior to this date, this property has been used for the storage of inventory parts, such as axles and camper tops and, in our vi e w, this use is authorized under the previous Board decision, .!Q lonl ~ the s torage thereof is accomplished in a neat and orderly ashion and in such a manner as not to create an eyesore. This letter, therefore, will constitute a request that this Board, first , interpret its 1973 decision and, if necessary, to spell out the materials which, u nder that decision, may be stored u pon t he property . JUSTIFICATION FOR VARIANCE This ground was ann xed to the City in 1957. At the time of i ts annexation, th northern h lf of the property was zon d for comm r c 1 uses nd th south rn h lf was zon d for r aid nti 1 uses. How v r, the ownership of the prop rty has nev!r b en "split" and it has always b en used as a single unit. hen the land w a ann x d to th City, th City m rely continu d this zoning, which h s nev r b n ch nged. Th noth rn half is now zon d B-2 and the southern half is zon d R-2-C • • I • • September 14, 1983 Page 5 • • - However, the City has, through various actions, authorized the southern half to be used for commerical purposes. In 1959, a building permit was issued "to rework the present bui l ding for office and storage of tires. Canopy in front fo r display." In 1961, a building permit was issued, allowing a commercial building to be built, which intruded upon, the southern half and which did not meet off-street parking requirements, unless the parking was to be placed on the southern half of the lot. There was also a concrete slab and black- topping placed in the southern half. In 1973, the Board granted a specific variance allowing the storage of inventory and the parking of vehicles on the southern half. The applicant leased this property a number of years ago and has been using the same for the construction, reconstruction and repair of trucks. He has consistently been storing various parts, both in sheds and in open storage on the southern half, in rel i ance upon the past lessee's practice and upon the Board's prev i ous decision. Because of these circumstances, appli c ant subm i ts that t he proper ty and structure, as they now exist, cannot be reasonably use d without allowing use of the southern half in conjunction wi t h the use of the northern half--indeed, ther e i s not even any sepa r a te access. Applicant submits that the requirements of the ordinance are met. 1 The va lidity o f "s pl i tt i ng" a l ot, f or zon i ng purposes , has ne v er b een decided i n this case, althoug h many c o ur t s h av e declared that it is i mprope r to do so . It is only if this Board d termines that this Bo rd'a d c a on does not authorize th use requested that tho applic nt a ka to have an additional variance granted. JAC/dc • • September 14, 1983 Page 6 • • - Mr. Charles Grimm, Assistant City Attorney, asked to address the Board concerning the case. He said that the neighbors and Mr. Kurtz and the City have a delicate situation in this case due to the mixture of residential and commercial zoning on the same property. A commercial building was authorized to be constructed into the residential section, which added to the confusion. He stated that he discussed the matter with Mr. Criswell, Mr. Kurtz and Mr. Tague (Mrs. Tague's lawyer) on behalf of Mrs. Romans, and they came to an agreement which would alleviate the problem on that property and would give better protection to the surrounding property owners in the residential areas than they have had in the past. He asked that the Board adopt the agreement, and if it does so, Mr. Criswell and Mr. Kurtz will drop their application for interpretation and for a variance. Mr. Grimm submitted the Memorandum or Agreement to the Board, and a copy follows: MEMORANDUM OR AGREEMENT This will serve to confirm the agreement reached between the City of Englewood ("City"), Janet S. Tague ("Owner") and Robert J. Kurtz ("Kurtz"). Subject to the approval of the Englewood Board of Adjustment, the parties agree to resolve the present dispute between them with reference to th use of the property at 2280 West Evans, Englewood, Colorado. 1. This Agreement, will be in effect for a period not to exc ed t n y srs, and wil l no lon r b effective if: a. Kurtz r moves him elf from the property and no longer continu s a busin ss thereupon; or b. The prop rty, or any portion thereof, is rezoned top rmit th op r tion of the buain as Hr. Kurtz now operate1. Upon teraination of th a r ement, a1 ••t forth ebove, the u1e of th pro rty wil l, froa that time forward, not be covered by the te~ of thil r .. nt, but 10lely by th terms and provi1ion1 of the then effective zon1n r ulation and ny previou1ly aranted, and 1till effective, Board of Adjuat nt or Plennin Comai1eion dec111on. of thil ar ment, 'Kurt& r 1 that: a. A prtv t to th City, d d on both th dlte o thil I • September 14, 1983 Page 7 • • .. b. That inventory will be stored neatly and orderly to the satis f a c tion of the Code Enforcement Officer of the City of Englewood, to be inspected not less frequently than every six (6) months, and any deficienc ies shal l be corrected within not more than 30 days from the date notice is given by the Code Enforcement Officer, or Paragraphs 1 and 2 wil l be terminated. There will be no stacking above the fence or on the roof. c . department; To maintain a fire lane to the satisfaction of the fire d. No vehicles shall be dismantled on the premises outside the b u~ld in g . 3. Upo n approval of this agreement by the Board o f Ad j~stment, Ku r t z wi ll with draw his request for an interpretat i on of the previous varianc e granted on or about February 21, 1973, and his request f or f urther v a ria nc e , which is pending before that Board. * * * * * Mr. Grimm said that all of the concerned parties had agreed to this Memorandum, and Captain Roy O'Steen , represen t ing the Fire Department, had also agreed. Mr. Grimm said that , while this was not a perfect solution, it is difficult to solve the problem without rezoning. Without the agreement, the situation would cont inue as it is now with friction between the neighbors, Mr . Kurtz , and the City . This agreement would permit the continued commercial use, and shield the property from the neighbors. It would limit storage and keep the stored materials neat. The Fire Department would also be satisfied. Adoption of the agreement would permit both sides to function. Chairman Seymour asked if the Board could legally ratify the agreement. John Criswell, 3780 South Broadway, Mr. Kurtz's attorney, said that h has recently read the transcripts of January 10 nd February 21, 1973. Since he has seen the transcripts, he withdraw th request for n interpretation, because in 1973, Hr. Criswell s id, it is quite clear that th Board granted authority to stack inventory on this property, but it did not gr nt the right to store junk or inoperable cars, whi ch has been don • This agreement says that there wil l be no v hicl dismantling on th t prop rty. The applicant h a agr ed to acr n the prop rty by privacy f nc . Wh ther or not th Board has th right to ratify this agre nt, he said that h was a tisfi d with either th Board's pproval or the zonin official ' pprov 1. Mr. S ymour said that he approves of th gr e nt, but th Public Hearin was partially to p rmit th neighbors to stat their opinion. Hr. Cris 11 sa id that h wa s withdrawing the application for a variance, which would nd th Public H aring. no way resid ntial &on . • I • • September 14, 1983 Page 8 • • .. the Planning Commission in 1973, and they refused to rezone the property , but the Planning Commission suggested that the whole area be c onsidered for rezoning by the Zoning staff. Mr. Criswell said he was hopeful, that since this is an area of mixed use, a portion of the area would be rezoned. Mr. Criswell said that this agreement was the best that could be worked out at this time. Mr. Grimm said that Mr. Gonzales and Mr. Kelley have read the agreement, and they would like to speak to the Board. Dennis Kelley, 2393 West Warren Avenue, came forward and was sworn in. He stated that he had no objection t o the agreement, but does not want the area rezoned. If Mr. Kurtz will keep the place neat, the neighbors can live with the agreement, Mr. Kelley believed. Mr. Rudolfo Gonzales, 2195 West Adriatic Avenue, came forward and was sworn in. He stated that the usage which the property has had in the past was upsetting. He was unsure if the agreement was legal; but if Mr. Kurtz will abide by the agreement, and if the road were dedicated, it would improve the situation. Mr. Grimm said that this agreement would not affect the dedication of the road. Mrs. Tague, through her attorney, indicated that they would approve this agreement as it is now. They would be willing to discuss the dedication independent of this agreement. Mr. Criswell stated that when they spoke with the Tague attorney, he sa id that at such time as the City has acquired all the other dedicated right-of-way of that street to the south, Mrs. Tague would also dedicate her half. That was put in this agreement, and at the suggestion of the City Attorney it was taken out of the agreement fo r legal purpos s. Mr. Ferguson asked whether vehicles csn be dismantled or stored ou t s ide. Mr. Criswell said that Mr. Kurtz is no longer dismantling vehicles . Any vehicles o n the property will be operable. He wi ll sto re camp r o r pickup bed s there, but in Mr. Criswell's opinion, Mr. Kurt z has no right to store a uto bodies there. Mr. Kurtz has acquired ane th r ar a fo r th dismantling of v hicles . Mr. Ferguson said that over 8 p riod of y ara, the und r tanding of the term may c h nge, nd that h would l ik t o b assured th at th vehicl s stored o n the property wil l be in op rating cond ition. Mr. Kr ilin~ said that would complicat the 8 re ment. Mr. Cri 11 s id th y had no objection to includin that cl us , but w uld give his as ur nee that Mr. Kurtz und rstood that th re w s no justification for storin inoperable v hicl 1 on the prop rty. BOARD MEMBER FERGUSO. MOVED THAT THE AGREEMENT BETWE TH CITY OF E GLEWOOD AND JANET S. TAGUE, TH OWNER OF THE PROEPRTY AT 22 0 EVANS, AND ROBERT J. KURTZ, B ACCEPTED BY TH ARD OF ADJUS~ T AND APP LS. M r Hall in Upon a vot rul d th t App ala. cond d th motion. ra voted in th r ir h d th approval o th tiv • Th at ard of Adjust H Cr t r qu It 11 1 at d or th or int rpr tation or.all or b th • n nt nd I • • • • September 14, 1983 Page 9 • • .. The Chairman stated that the Public Hearing for Case Number 16-83 was open. The applicant, John T. Daniel, was requesting the variance for 2000 West Iliff Avenue. The Chairman asked that the Staff identify the request. Mr. Yenglin stated that the applicant is requesting a reduction in lot area from 6,000 square feet to 5,364 square feet in order to divide this parcel into two separate two-family building sites. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-7 c -Minimum Area of Lot. John Daniel, 5946 South Sycamore Street, Littleton, came forward and wa s sworn in. He stated that this case had been continued from the month of August. He has met with some citizens of northwest Englewood, and applied the design criteria to his proposal, as he was requested to do by the Board at the August meeting. Using the R-2-C Special Permit System evaluation; his score was positive, and the citizens with whom he met believed that the project would be compatible with that area. Mr. Dennis Kelley, 2393 West Warren Avenue, had been previously s worn in. He described the project as two buildings which look like single-family units but are two-family units. These units will be rentals, but they wil l look good , and be something that the neighbors can live with. There were no further speakers in favor of the variance, and no speaker against the variance c ame forward. Chairman Seymour asked that the Staff report be made part of the record. Mrs. Romans thanked the ci tizens of northwest Englewood fo r meeting with the applicant. The Ch airman closed the Public Hearing . BOARD MEMBER HALLAGIN MOVED THAT THE APPLICANT, JOHN T. DANIEL , FOR PROPERTY AT 2000 WEST ILIFF AVENUE, BE GRANTED A REDUCTION IN LOT AREA FROM 6,000 SQUARE FEET TO 5 ,364 SQUARE FEET IN ORDER TO DIVIDE THIS PARCEL INTO TWO SEPARATE TWD-FAMILY BUI LDING SITES. THIS IS A VARIANCE OF THE COMPREHENSI VE ZO ING ORDI ANCE, SECTION 22.4-7 c -MINIMUM AREA OF LOT. 8o rd Member Gaga s conded th motion. Upon a vote 11 six affiraativ , nd th Chairaan rul d that th varianc told Hr. Dani 1 that h should pply to th Build! Division for permits. Th mb rs 8 ve their findings as follow vot d to r nt th cau d si n rit ria had nd th r w s a ~t n th pplic nt and th d ~ " b c us th re w • n pp ai 1 n. d th pplicant .. th aix crtt ri or • • I • • September 14, 1983 Page 10 ,. • • • Mrs. Dawson voted "yes" because the neighborhood agreed, and there was no opposition. Mr. Gage voted "yes" because the Northwest Citizens Committee agreed to the design. The lot is doing no one any good undeveloped, and this will help the neighborhood. Mr. Ferguson voted "yes" because the development will do justice to all the area, will improve it, and will do no harm to the people in the area. Mr. Seymour voted "yes" because the applicant received a positive score on the design criteria, and the neighbors agreed. * * * * * The Chairman declared that Case No. 23-83 was open and asked the Staff to identify the request. Mr. Yenglin stated that the applicants, Econ 0 Wash Laundry and Freeman Signs, are requesting a variance for 3491 South Downing, to permit the total sign area to be increased from 20 square feet to 40 square feet, and the sign face area to be increased from 10 square feet to 40 square feet. This is a variance from the Sign Code of 1982, Section 22.7-9 b 4-Other Lawful Nonresidential Uses. Philip C. Grimm, 648 Washington Circle, Englewood, came forward and wa s sworn in. He said that his company, Freeman Signs, contracted to build a new sign for the owners of Econ 0 Wash for another laundry they own on 38th Avenue, and they thought that they could use the old sign for the laundry on 3491 South Downing Street. They were told that this sign was legal in the City of Englewood. It was discovered, however, when they applied for a permit, that this laundry i s a nonconforming use; and therefore, the sign is not 1 gal on that building. This business is in the R-3, High Density Reaidenc zon district and is bordering the B-2, Comme r ci 1 zon . They would b taking down a projecting wall sign which is not permitted under th n w Cod Bo rd H mber Brown rrived at the in the n xt ca ting. H said h would participat Hr. Kreilin said th t this is an R-3 zone. Hr. Grimm r d. Hr. Kreiling ask d if it wa s the north or south building th t wa s bein consider d. r. Crt .. said it w s th north buildin • urth r peak re in vor of th variance. Hr e. John Lay, buildin had vritt n a 1 tt r of pproval which h d b n oppoaition. Th Olairaan d clsr d that th Public t1 n. I . September 14, 1983 Page 11 • • • Upon a vote, there were six votes in favor, with Mr. Brown abstaining, and the Chairman stated that the motion was carried. The Chairman asked that the Staff report be made part of the record. The members gave their findings as follows: Mr. Kreiling stated that he voted in the affirmative because the new sign would be placed flat against the building, not protruding as does the existing sign. Mr. Hallagin voted "yes" because there are special circumstances in the location of the sign. There was no opposition. Mrs. Dawson voted "yes" be cause the sign on the building will be much better because the trees block the sign that is there. There was one letter of approval. Mr. Gage voted "yes" because the applicant has a hardship with the way in which the building lies, and the trees on the north side of the building do block the view of the sign. Mr. Ferguson voted "yes" because the applicant f ulfill ed the four requirements. It will not injure the property , or alter the c harac ter of the area. There are special circumstances and it wi ll no t weaken the Sign Code. Mr. Seymour voted "yes" because he liked the new s ign better than the protruding sign; there was no opposition; and there wa s a s pecia l c ircumstance in thi s c ase. The Chairman stated that Mr. Grimm could c ontac t the Building Division for his permit. Th Ch i rman cal l ed fo r a re c e s s • • * "' • "' Th e tin was r conv ned a t 9 :07 p.m. MEMBERS PRESENT: Kr !ling , Halla in , D wson, Br own , Ferguson and Seymour. HE!'tBERS ABSENT: c AL.O PRE Th Chairaan p n d C Hilhid Av nu A. Ro ne, Aesistant Dir ctor of Co.munity Pl n n r I ordin S cretary • • "' * • o. 2 -8 , H. Denn11 1 rnber for 2355 w et • IU f ail - Thil n 2, s I • • September 14, 1983 Page 12 • • • square feet per unit; Section 22.4-7 g -Minimum Frontage of Lot, from 25 feet per unit to 22.3 feet per unit; Section 22.4-7 j -Total Sideyard, from 14 feet per building to 10 feet per building; and Section 22.5-5 h, to allow one of the two required parking spaces in the required front yard. The Chairman said that he had proof of posting and legal notice of the Public Hearing. Mrs. Romans said that she wants to emphasize that these buildings will not be triplexes. Each building will have two units, and each unit will be sold. They are not three-unit attached structures. Dennis Niernberg, 2750 South Shoshone Street, Englewood, was sworn in for testimony. He stated that this application was a continuation of the project for which he received a variance four months before on West Vassar Avenue. These units have the same front footage. He plans on varying the front elevation of each unit in texture, color and material so that each unit has its own identity. They will preserve the continuity and style. These units are family units, which could help open the elementary school in the area. Mr. Hallagin asked if Mr. Niernberg had considered the need for the utility poles to be moved. Mr. Niernberg said that he had been working with Public Service, Mountain Bell and the City, and the developers and City are in the process of discovering what the cost will be to move the poles, and how the cost would be distributed for moving the power lines. Progress is being made toward obtaining utility easements so the poles can be moved to the back of the units. Mr. Ferguson said that the street is not expected to be paved until 1990. Mr. Niernberg said that the City will try to keep down the cost to the developers and the people who bought property prior to the developers' coming in. There would be an improvement tax assessed to the owners of the units when the paving goes in. Mr. Niernberg said that he would be putting in curb and gutter with these units, which will help keep the road base intact. Other developers are doing the same thing, so the street will have an identity. The curb nd gutter will be finished prior to the finishing of the units. Mr. F rguson sk d who would pay for the improvement district if the units did not complet ly s 11. Mr. Niernberg said it would be wh oever own d th property. Mr. Kr iling asked if th new own ra would b told upon th s le of th unit , that th r is an improv nt district plsnn d. Mr. iernberg st ted there will b eith r a 1 tter or a r nt with the purcha era of the units so th y will know to expect an aa eas~nt. Th assess nt can be paid ove r a period of 12 ye ra. Th City has encourag d developers to o into the are , hopin that the thr r ~1n1n property own ra will d dicat their riaht-of y for West Hillside Avenu 0 a wind o nt. Hr •. i rnber h-in for a bathro o th t it could said th t the baa nt , a waah r and dryer t Cod or th addition o would own th b s unit. nt. Hr. n rn nd • • September 14, 1983 Page 13 .. • • - There were no further speakers in favor of the variance. Mr. Jim Beaver, 2243 West Hillside Avenue, presented a petition containing 26 signatures of neighboring property owners opposing the granting of the variance. He submitted pictures showing the parking along West Vassar Avenue. He said that his biggest complaint is that even with vacancies along West Vassar Avenue, there is a parking problem there, and West Hillside Avenue is not as wide as West Vassar Avenue. People will be forced to park on the street with the reduced parking, which, Mr. Beaver said, he knew about, although Mr. Niernberg had not mentioned it to the Board. Mr. Beaver said there were few owners in the area on West Vassar Avenue, so no one opposed the first variance. Mr. Hallagin asked where the park is in relation to West Hillside Avenue. Mr. Beaver said it was on West Vassar Avenue, two blocks away from Hillside. Mr. Seymour said it was only one block away. Mr. Beaver said it was two sets of houses away. Mr. Ferguson asked how many cars each unit would have. Mr. Beaver said that he assumed each would have at least two cars, and the proposed parking would make it difficult to use both parking spaces. The Chairman asked if there were any further speakers in opposition to the variance. Stanley Rhodus, 2323 West Harvard Avenue, came forward and was sworn in. Mr. Rhodus said that the applicant proposes to use 2 ~ sites to build 3 doubles. Mr. Niernberg purchased the property for the price of land for a double, and wants a larger profit. He said if we keep reducing the requirements, the situation gets worse and worse. He objected to the use of the term "attached double". A double is a double and a single is a single, he said. Mr. Niernberg will sell a double as two singles, and a single should have 6,000 square feet. Mr. Rhodus said that Mr. Niernberg would b using the front yard etb ck for parking of cars, which is not allowed. There is congestion on the stre ts now. Most owners h ve more than 2 ~ v hicles per unit. The Board, h said, should not permit sellin doubles s single units. Thi 1 not feasibl • When Mr. iernberg is finished with the buildin , h ill ell th units and not b affect d b all the problems h has caus d, Mr. Rhodus stated. if there wer any oth r sp akers in opposition. W st Warren Avenue, ca forward and was the area for veral years. c h n ed in the area, n w rul s r too ny hou ee in th n 1 1 id that in hie opinion, th area uld n v r op n. The children are pla in in th atr w c hildren jumpin th ir bicy lea off ra PI in th yards ar too s 11 for th children to play in th yards. nc oura in childr n in th nei&hborhood, w ehould not r a il: •. • • September 14, 1983 Page 14 • • - Linda Puryear, 2320 West Harvard Avenue, was sworn in for testimony . She stated that this variance would harm the neighborhood. She will have to look out her window and see three-family dwellings behind her. She said that h~r dogs will have more room to play than these c hildren will have. On West Vassar Avenue there is a park right across the street, so she did not oppose that variance, but no responsible parent would permit children to play in a park without supervision, as would be the case for residents on West Hillside Avenue, since Hillside is not within sight of the park. There were no further speakers in opposition. The Chairman offered Mr. Niernberg an opportunity for rebuttal . Mr. Niernberg asked to see the petition and pictures entered as exhibits. He said that the City requires two off-street parking spaces. He had originally planned to provide the second space on the side of the buildings, but the citizens from that area, with whom he had met previously, and the City preferred the present proposal to increase the amount of landscaping . He stated that he will be landscaping the units, which was not done by o ther developers. In his design, he allowed for one on-street parking space between each greenspace. He said that the pictures showing the cars on West Vassa r Avenue represent visitors to the park. At lunch time, the who le st reet is full of cars belonging to people eating lunch in the park. Mr. Niernberg said that he was planning to sell the units individually and ob tained sewer and water taps on each side at a cost of $35 00, so that they can be sold as singles. He said that if the Bo a rd required it, he would add a concrete pad beside the driveway. He said that he was not requesting a variance for percentage of open space. Areas for children are provided in the back yard. They wil l be similar to the existing units in the area. The four units planned fo r Hill side are similar to the ones on Vassar, but hav b tter st reet appeal, and they re a better design than the others in th rea. He said that the Zoning Ordin nee requires a minimum of 5 feet on each sid for sideyard setbacke, with total of 14 feet. H propo e s t o match the fiv f t on both a id a . Sam units lready built on this street do not even h v a back door. His d ign ncour the us of th back y rd. H i s propo in a 1 r er back ya rd than the Ordin nc r quires. He said that h h& h d n offic in En 1 wood for 12 yea r s , nd he has b en a dev leper and a contractor in Englewood for that time. He st t d that h has d velop d $10,000,000 worth of property, nd has never mierepres nt d nythin to the City or to n ighborhood in th t tim • pacee would b vailable. requtree two off-etr t parkin epacee. garag , and h aek d for a varianc to p rmit in front of th gara e. Hi e te p d b tw en th buildin 1, and cti ne to that plan it • I • September 14, 1983 Page 15 • • - Mr. Kreiling said that he had tried to follow the R-2-C SPS concept and had to give up. Mrs. Romans said that all that is required is a positive score. Chairman Seymour asked that the Checklists be included in the Staff report in the future. He asked that the Staff report be included as part of the record. Mr. Kreiling said that no paved street is planned until 1990. Mr s . Romans said that the City Council told the Engineering Department to project every unpaved street in Englewood into a Paving District, and t o assign a priority and date to each street. Hillside is scheduled for 1990. The City has tried to get right-of-way in the northwest a rea for about 25 years, and all but five owners on West Hillside Ave nue have dedicated the right-of-way. The property owners can request a Paving District prior to 1990, should they choose to do so . Mr. Seymour asked about the utility poles. Mrs. Romans sa id that City Engineer Diede is working with Mountain Bell and Public Service to get the cost. When a f ixed cost rather than an estimate is established, they will decide how to distribute the cost. This must be done because the Fire Department needs access to the area. The City is working on the problem, whi ch is not just Mr. Niernberg's problem, but that of all the re s idents and developers along We s t Hillside Avenue. Mr. Kreiling said there are several factions in th nei hborhood. H asked why some people were excluded from th Citizens Committ Mr Romans said that over a year ago the City sent two letter to all th property owner s in the neighborhood regarding a change in th zonin regulations, and inviting the owners to meetings. The p ople wh o worked with the City developing the s tandard s of th R-2-C SPS met at least once a month for over a year and the people wh o attended those me tin s are the people referred to as the "Northwest Englewood Citizens Committe "; and thes are the people wh o have been revi wi ng th plans. They have also trended Planning Commiss ion meetings and made the presentation on the propo d R-2-C SPS. Councilmen Fizpatirck, Bilo and Brad sh w nd Mayor Otis and Planning Commis ioner Carson 11 attended tho me tin s, also. The Ch irman clo d th Public H aring for Ca N . 24-83. Mr. Kr i rnb he h d n w not reop 11 tn st d d laying th d cision to find a compromi Mr. op n th case for n w evidenc Mr. 8 av r said a 11. Th Board determin d that the c 1 would ti n. • I . , September 14, 1983 Page 16 • • - Upon a vote, all six members voted in the affirmative. The Chairman ruled that the variance was approved. He told Mr. Niernberg that he co uld obtain his building permits when the utility poles were moved. The members gave their findings as follows: Mr. Kreiling said that the residents of the area wh o had spent time working for the development of design criteria approved this variance, so he voted "yes". Mr. Hallagin voted "yes" because there were two places to park as required by the Zoning Ordinance. There is a nice back yard; there is landscaping planned, and development will improve the neighborhood. Mrs. Dawson said that the meetings over the last year should have been attended by all of the neighbors if they were interested in the plans for that area. The parking problems can be worked out after the poles are moved. Mr. Brown voted "yes" because 5 units could have been built without a variance; the project will bring homeowners into the area, and Mr. Niernberg does very good work. Mr. Ferguson voted "yes" because it complies with most of the minimums for the R-2-C zone. It will improve the area. Mr. Seymour said that Mr. Niernberg has already proved himself, and has been very coope rative, and for those reasons he voted "yes". * * * * * The Chairman opened the Public Hearing for C s No. 25-83. The applicant was J rry Mac Br dy, and he requested a vari nee for 4710 and 4720 South Bannock. The Chairman said that he had proof of posting and the legal notice of a public hearing. H ask d th t the Staff identify the requ st. Mr. Yen lin stated that the applicant has two building sites and is requ stin a reduction in the total sid y rd requir nt from 14 feet to 10 fe t for ach ite for the purpose of constructing two, two-family dw llings. Thi is a variance from th Coqprehensive Zoning Ordinance, Section 22.4-7 j (2) -Minimum Sid yard. at Tuf ta Av nu , od, waa worn in for th t he intends to d ~liah th exi tin two units Each aid of th duple will be 12 0 aquar b nt and a two-car gara To provid th , h asked for permi sion to h ve only 10 fe t on ach total minimu aid yard. He aaid th t the plana for th f t, which are n ceaaary to avoid a "shotgun" • I • • September 14, 1983 Pa ge 17 • • - Mr. Brady had submitted two letters of approval from the neighbors. He provided s et s of p lans for the Board, and the Board discussed whether two feet c ou l d be spared from the plans. Mr. Brady said that similar units have been buil t in the 3700 block on South Elati Street. Mr. Brown a s ked what kind of material would be used in the building. Mr. Brad y said that it would be Textured 1-11 reversed backboard. Mr. Hallagin said that everything else in the neighborhood is frame. Mr. Brady said that he feels this is a good plan for a good neighborhood. Mr. Ferguson said that other homes in the neighborhood are at variance with the minimum sideyard requirement. There were no further speakers in f avor o f the variance. There were no speakers opposed to the variance. The Chairman closed the Public Hearing. BOARD MEMBER DAWSON MOVED THAT IN CASE NO. 25-83, JERRY MAC BRADY BE GRANTED A VARIANCE FOR PROPERTY AT 4710 AND 4720 SOUTH BANNOCK STRE ET , RED UCING THE TOTAL SIDEYARD REQUIREMENT FROM 14 FEET TO 10 FEET FOR EACH SITE FOR THE PURPOSE OF CONSTRUCTING TWO TWO-FAMILY DWELLINGS. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-7 j. (2 ) -MINIMUM SIDEYARD. Board member Ferguson seconded the motion. Up on a vote all six members voted in favor of granting t he v arianc e, an d the Chairman declared that the motion was APPROVED. The members gave their findings as follows: Mr. Kreiling stated that he v o ted "yes" be cause o ther pro perties in the neighborhood do not meet the minimum s ideyard requirement . Mr s . Daws on vo ted in favor of the motion be cause Englewo od ne e d s new home s . Th plans are detail ed, and this i s a t a r get a rea for r ehabilitation . Mr. Hall gi n v o t e d "yes" be caus e i t wi ll i mp r ove t he n ighbo r hood and Engl wood n eds mo r e ho using. Mr. Brown vot d "yes" becaus the pplic nt t th six cond i tions. This will provid a larger unit, whi ch will b sold for homes nd it will up r d the n ighborhood. Mr. Ferguson voted for th variance because it will not alt r th charac t r of th n ighborhood and will i•prov the area. Mr. YIIOur vot d "yes" b caus there was no opposition, and some of the hou s in th r st o f th n ighborh od do not t t minimum sideyard a Lback s tandard. Hr. Br dy ask d that the plans be return d to him. Mrs. Romans said that on would b r quired for th Board of Adjustment files. d th Public H arin uth Oownin Str d hat th Ita that h ppli ant ia r • 100 t to 75 Ca o. 26-83, for prop rty that h had proo of r qu st. Mrs. R ns r du tion in th •inimu• lot u tion in th •ini.u. lot ar a • I • • September 14, 1983 Pa ge 18 • • • from 12,000 square feet to 9,375 square feet in order to construc t four townhouses. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-5 c, Minimum Area of Lot, and Section 22.4-5 i -Minimum Frontage of Lot. Earl Wilson, a representative of Mr. Simms, 43 00 South Lowell Boulevard came forward and was sworn in. The Chairman stated that he was not named on the application and could not represent the applicant without his permission. The applicant, Arthur C. Simms, 5805 Bluesage Drive, Littleton, came forward and was sworn in. He stated that he had asked Mr. Wilson to represent him. Mr. Wilson stated that they were proposing to tear down the existing house which was built in 1912. This is in a R-2 Zone District, which would permit 3.2 units to be considered. They propose to develop townhouse condominiums to be sold as single-family units. He said they met all the other requirements for this zone district including two parking spaces per unit and SO % open space. They contacted the neighbors and Mrs. King asked for a six foot privacy fence, and they had agreed to build one. The neighbors discussed the gravel alley, and Mr. Simms and his company stated that they would pave the entire alley if the City will prorate the o ther portions of the alley to the other owners. They will do landscaping and provide a sprinkler system before any Certificates of Occupancy are issued. These units will not be rentals. If the variance is granted, the applicant will have to go before the Planning Commission for Planned Development. Mr. Ferguson stated that the Utility Department stated that there could not be separate water and sewer taps with the proposed plan. Mr. Wilson agreed, and said that a homeowner's association would be required . Mr. S ymo ur asked how people would be prevented from entering Highwa y 285 f rom th alley. Mr. Wilso n said it is presently blocked off. H ask d if th Lim ited Livin units would be using the alley. Mr s . Roman s aid they would not. Mr. Fer uson sked if thy could requir a cl r vi w f r om th corn r of th 11 y. H asked if the City could block off th all y. Mrs. Roman said th matter would hav to be discuss d with th Traffic En in r. Mr. S yaour said th Plannin Co Kr ilin au at d a cul-de-sac b ission could discuss the built. 11 y. Hr. Hr. Si stated that th y w nt a south rn xposure, and add d that th n ighbors w rri d .ar about rent ra than traffic in the all y. Hr. Si ... stated that th y tried to plan a development that would app as the n iahbors' primary concern. Hr. F rguson sugg st d a north rn xposure uld mov 11 th parking to th front of th property nd out of th alley. Mr. Si said tha south rn expoaur is aor d airabl or paasive solar , nd would void snow probl ma in th fron yards. Mr. H lla in sa~ d what th pric of th townhoua s would b Hr. Si ltat d that th y plan to s 11 th t hou s for pproxiaat ly 78,5 0, imin to k p und r $ 0,000. Th Chairaan Anth ny F. H at t d th • I • • September 14, 1983 Page 19 .. • • - and worked with the neighbors. Mr. Monte stated that in his opinion, these units are the best that have been proposed for the neighborhood. There may, he admitted, be some problems with the alley. He stated that he is very much in favor of paving the alley, and understands that he will have to pay his share for the paved alley. Mr. Ferguson stated there there would be a problem with snow on the alley. Mr. Simms said that through the homeowners' association, alley maintenance could be obtained with the participation of the neighbors. There were no further speakers in favor of the variance. There were no speakers in opposition to the variance. The Staff report was made part of the record. The Public Hearing was closed. BOARD MEMBER BROWN MOVED THAT IN CASE NO. 26-83, ARTHUR C. SIMMS BE GRANTED A VARIANCE FOR PROPERTY AT 3550 SOUTH DOWNING STREET, PERMITTING A REDUCTION IN THE MINIMUM LOT FRONTAGE FROM 100 FEET TO 75 FEET AND A REDUCTION IN THE MINIMUM LOT AREA FROM 12,000 SQUARE FEET TO 9,375 SQUARE FEET IN ORDER TO CONSTRUCT FOUR TOWNHOUSES. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-5 c -MINIMUM AREA OF LOT, AND SECTION 22.4-5 i, MINIMUM FRONTAGE OF LOT. Board Member Ferguson seconded the motion. Upon a vote all six members voted in favor of the motion, and the Chairman ruled that the variance was GRANTED. He told the applicant that he could proceed with the Planned Development process. The members gave their findings as follows: Mr. Kreiling said that the increase in density is questionable due to the alley, but the neighbors are cooperatin , and th City may be able to help. He suggest d the building of a cul-d -ac t the end of the alley, using any available public right-o f-wa y. The lot coverage is within range, s the Zoning checkl ist shows, for th lot coverage. Mr. Hall in vot d "y s" becaus these will b nic homes, and will improve th are • Mrs. 0 ws on voted "y s" becaus th units will replace a very old ho Th all y probl m can b rked out. plans w r w 11 dev lop d, nd th The units will b own d, not rented. Mr. Brown voted "y •" b cause this cas varianc It ia a aood plan. input into th plennin of th units; will brin more h own ra into th Mr. F rau on said th1t h to th ar a; th dev lop p rman ntly d aa th ar vot d "y a" be nt will improv t1 th six r quir ntl for ha1 iv n th n 1 hbor1 an th units by b in sold, u th th vari nc will do ju1tic n 1 hborho d and will not Hr. r-our 1t t d th t th r re no obj c ions, th r vot d "y a". Th r w 1 n Dir Jj urn cl a r'• ot 11:10 P·•· • • * •• • I • • • • •' • CITY OF ENG LEWOOD PLANNING AND ZO NING COMM I SSIO N October 4, 1983 I. CALL TO ORDER . The regular me eting of the City Planning and Zoning Commission was called to order by Chairman Marjorie Becker at 7 :00 P . M. Members present: Barbre, Becker, Carson, McBrayer, Stoel, Tanguma, Venard, Allen Roman s , Ex-officio Member s absent: None Al s o present : Elec trical Inspecto r Ma lcolm Atkin s I I . APPROVAL OF MI NUT ES . September 20, 1983 Chairman Be c ker sta t e d that th e Mi nut es o f Sep t e mber 20, 1983, we r e t o be con s ide r e d f o r approval. Ta n guma mov e d : Carson second e d: Th e Minutes o f S pt e mb e r 20 , 198 3, be approved a s writte n . AYES : Be c ke r, Ca r son, St eel, Tan guma , Ve na rd, Allen, Barbre AYS: No n e AB STAIN: Mc Brayer Th motion ca r ri d. Ill. SOLAR ACCESS/SOLAR ENERGY. Hr Romans introduced r . Hal Atkins , El ct r tcal In pec t or for th City of Engl woo d, who presented new con epts on olar en rgy a n d solar accea Atkins stat d that he ia pr aid nt of the W t rn Section of the IAEI rna tonal Association of El ctric 1 Inap ctora , which organization 22 at tee fro Ohio w at to Color do , nd ia also Pr aid n of the un ain Ch pt r of tAFt. r. Atkins at t d that he ia also involv d conaid ration nd proc asina of chana a to the el ct r ical code. r. th 19 4 tlon l El ctrlcal Cod has 1ome n w 1 ctions r Photov 1 ate neray , and how it may applied nation-wid r • thr to fiv r 1 rvin mnr a r n •• o tn1telled , aaintatn Hr. Atkin1 ••at nd acttv ly us d in Hr. Atkin• etet d ?r solar c lla vtll hil pro u r I • • • • .. -2- affordable. Mr. Atkins stated that the United States has three major manufacturers of solar cells; a solar cell is co nversion of sunlight to electrical energy. Mr. Atkins discussed available voltage for installa- tion, and the need for storage bat teries in connection with solar energy. Mr. Atkins noted that Arco Corporation is now manufacturing solar cells and have installed a solar facility in Southern California; this firm is generating, on a sunny day, 1,000,000 watts per day. With the tax breaks given by the state and federal government, this firm has paid for the sola r installation within the fir s t year of operation. Mr. Atkins pointed out that the number of solar cells manufactured has doubled each year since 1977. In 1983, the manufacturing capability is 20 megawatts in the world. Mr. Atkins stated that this will increase annually until 1990 when the pro- jected manufacture of solar cells will be 5,000 one million watt s of solar cells annually. Mr. Atkins discussed the cost of the typical electrical service per kilowatt vs. a kilowatt of photovoltaic energy. Mr. Atkins noted that electrical energy in this area is least expensive of anywhere in the United States, and dis- cussed the decrease in cost of solar energy since the mid-sixties. He stated that if the decrease in cost is a continuing trend, solar energy will become an economic reality and be very attractive to homeowners. Storage facilities and capacities for solar energy were discussed by Mr. Atkins. Mr. Atkins also discussed materials used in the manufacturing process of solar cells and storage facilities. Mr. Atkins noted that code requirements are very strict regarding subs tances used in the manufacture of electronic systems, and the National Electric Code now has standards that manufacturers mu s t meet. Mr. Atkins discussed a Japanese method of manufacturing solar cells on a mylar film, which cells ar used in small calculators, watches, etc. Th Japanese are also working on a solar storage system, which could b at- tach d to th top o f a sh d, nd the power used to recharge lawn mowers, tc. It is stimat d that this system would be available befor Christmas , 1983. Mr. Atkins stat d that h f lt on of th things that the Commission will have to consid r •s th matter of solar access. If someon wanted to in- stall solar panels on th ir hous , th re should b som m ns to ssure th t ccess to th sunlight 1 maintained. H suggested that p rhaps regulations could b impo d that tructur a could not b r c d th t would shad the sol r p n ls on an ighboring prop rty, or that tr es could not b planted that w~uld int rf re with the olar cc ss. Atkins noted that th City of Rould r h b involv d with ol nd h d probl m with th ting in th City . to cut down th olar ace sa, nd h d lots of probl ms trying to Mr. Atkins au at d tha if som on wants to put City for a solar window; this n ighbors that th y would not be nc • • I • • • - -3- Mrs. Becker asked how the solar energy would work in a single-family house where there is "alternating current ." Mr. Atkins stated that a converter would be used, there are many volt sizes available. Mrs. Becker then in- quired as to the size of s torage facility that would be needed to provide solar energy from one day to th e next. Mr. Atkins stated that research on the solar storage facilities is very intensive at this time. Mr. Atkins discussed the use of solar systems with a back-up system available by Public Service. Mr. Atkins stated that the actual space to be used for storage facilities would be very small; however, it should be remote from the interior of the residence. Mr. Tanguma asked how many days per year solar energy could be used in Colorado. Mr. Atkins stated an average of 300 days per year. Mr. McBrayer asked how the utility company could be prevented from penalizing those people who use solar energy. He stated that he discussed with a PSC representative, and this individual indicated that persons using solar energy would be "tagged" or "sta rred" on the comp uter, and that the charge for the back-up energy would be very expensive. Mr. Atkin s stated that the major utility companies provide the majority of their energy to industrial use, and that single-family residence use makes up less than 10% of their cus- tomer use. Mr . Atkins stated that he understood the major power companies would prefer to get out of residential power service because it is not cost effective for the utility company. Mr. Allen asked if any of the solar energy systems were suitable to use in Colorado without a back-up system . Mr. Atkins stated that most users of solar energy systems in remote areas have a small generator as a back-up system. Mr. Atkins suggested that in the future, the utility company may purchase some of the power generated by the solar systems from individuals. Mr. Atkins then discussed a court case regarding the sale of privately generated power, and the need for the major utility company to protect their lines. Mrs. B cker st ted that she has been concerned about olar access for many years, and at some point in the very near future, she b lieves the Commission should con ider sol r access regulations. Mr. Carson not d that building, mis ion i Council. tion to th St t sked if this information wa s available to he City Council, and this body r c ntly consider d all the codes plumbing, m chanica!, nd fir . Mr. Atkins stat d th t th cod h h s shown th Com- nd th information is not y t avatlabl to the City aid th y would pr s nt th inforaa- in for th ir consideration . Th abl July. Mr. r City pr par ordinanc s d sol r n rgy. r lu tan on the part of som to install ol r syst ms. Sh nd th contr ctor may indicat pplicabl p ra1tl, nd th n th not b n obt in d. Mr. Tan u Ilk d 1 it 11 th COlt of g tting th on th p rt of th con ractor1. not that co1tly, nd th t h f 1 • I • - • • • - -4- the problem is primarily one of education; he stated that he does not be lieve the general home owner is aware of the necessity and requirement o f obtaining permit s and the follow-up inspections from the Building Depart-ment. Mr. McBrayer stated that as a contractor, he feels a great deal of the reluctanc e to obtain permits stems from the delays the contractor may ex- perience in the various building departments before a permit is issued. He stated that he felt Englewood is an exception and tries to cut down on the time between application and issuance, but in some departments, it can be a several day delay. This is a cost factor to the contractor. Mr. Atkins agreed that some departments do have a considerable delay in issuance of permits. He stated that the Englewoorl Building Department does try to approve permits on a daily basis, and believes that the department has a pretty good record regarding plan checks and permits. Mr. Venard stated that he recently took out a permit for two panel solar system, and paid $40 for the permit; he also paid $43 use tax estimate, which may be refunded. Mr . Tanguma a s ked what it c osts to process a permit. Mr. Atkins stated that he did not know the cost . Mr. McBrayer pointed out that a permit for a fen ce i s $15 , and that it may cost more than th is t o process that particular permit; however , a permit for a hou se may cost well in excess of $1,000 and take about the same amount of time to process. He stated that he is of the opinion that it evens out. Dis cussion e n sued. Mr. Atkins stated that he did not know whether the Building Department shows a profit, but estimated that it is "about break even." Mr. Atkins stated that he would be happy to report back to the Comm is s ion after th e Octob r seminar in Bou lde r if they would so d sir e . Mrs. Becker asked that Mr. Atkins b placed on th agenda to repo rt to the Commission. Mr. Ve n rd stated t hat in light of th to the Com pr h n iv Zoning Ordinance , to consid r the matt r of olar ace sa with this pr oc Commission rev i win g th e r e v is ions h did not f 1 it inappropriat nd roof o r i nt ation in conjunction Mrs. B ck r sugg sted that if th Co session to d vis goals, this might b is ion wants to s t anoth r work a matter to consider. Th Coamission thank d Mr. Atkins for his pr ntation, th y uld lik to sch dule him for a furth r discussion at a lat r d t IV. Mrs. t lol RICHWAY WORK PROCRA.'f 1984/1985 ak d 1 th C a d rk tt iseion • • rs h d r d to b includ d in th rt n input into n will • nd stat hat b ut solar n r y CAS 117-93 ataf r por r - e Hi,hway Pro r n I • • • • .. • -5- November 15th. Mrs. Romans stated that the number of requests has been decreased from previous years, but several have been previously requested. Mrs. Romans stated that she discussed the requests with Public Works Di- rector Waggoner, and also contacted the Cherry Hills Village and Sheridan governments in an effort to coordinate requests. The intersection of Dartmouth and Santa Fe Drive was discussed. Mrs, Becker asked if the railroad tracks were to be moved closer together. Mrs. Romans stated that she had not seen the design of the intersection and improvements along the Santa Fe Corridor. Mr. McBrayer asked if there was any way the Commission could get a copy of the proposed Santa Fe Corridor improvements. Mrs. Romans stated that she would invite Public Works Director Waggoner to discuss the design with the Commission. Mrs. Romans reviewed improvements requested on U.S. 285, which include the one-way couplet with U.S. 285 and West Ithaca Avenue, the improvement of the drainage system between Downing and Pearl Streets, and improvement of the U. S. 285/South University Boulevard intersection. Mr. Allen asked what our chances were of getting these projects approved and done. Mrs. Romans discussed the process to be followed in getting the requests to the Stat Highway Commission. Mrs. Becker asked about the request on Belleview Avenue. Mrs. Romans stated that this is a new request. She noted that properties to the west of Broadway on the south side of Belleview will be developing in the very near future. One of the sites which is in Littleton is being proposed for residential de- velopment with 100+ units; the f ir-grounds will develop, as will the property just to the w st of K-Mart. Th Highway Department is recommending that turning movements on B lleview Avenu b restricted to right in and right out. Mrs. Romans qu tion d that th turning restrictions --right in and right out only --along B ll view Avenu will b pr ctic 1 and workable. Th r quest is that a study b institut d in 1984/85 nd impl m nt d in 1985/86 t o incorporat 1 ft-turn pock ts at k y int r ctions and points of ingr sa/ gr ss to lar nts. Th Bro r Pu lt t. th F d ral Aid Urban Syst 1a for th wid ning of South Av nue to Floyd Avenu , provision of left-tum pock ts p d • ian, and provision of a landscap d dian fro Quincy on South Bro dway. This is a r pe t r qu st. th c.:-ts ion y r proar t for highw y proj eta is r co .. nd d b r C rr d to th City C uncil at h d furth r uga tiona to in- Dtr tor of Ht y rt- • • • • • -6- Mr. Allen stated that ano the r intersection with severe dips is at Downing a nd Hampden Avenue. Mrs. Becker stated that there is also a bad dip on South Downing at Jeffers on. Mr. McBrayer complimented Traffic Engineer Plizga on his efforts to improve the traffic flow on U. S. 285. Mr. Venard suggested that striping be painted on Oxford Avenue between Broadway and Santa Fe, and pointed out that there is a severe problem at Broadway and Oxford where there are no marked lanes , and motorists try to drive straight across Broadway from both lanes rather than the driver in the inside lane making a left-tum. Mrs. Becker asked if there were other comments. Carson moved: Stoel seconded: The Planning Commission recommend the following work pro- jects to City Council to be included in the 1984-1985 State Highway Work Program; the improvement of the Quincy/Broadway intersection by alleviation of the dips on East and West Quincy is to be included if it is determined that the work can be done under this project. I. Requests to the State Highway Commission for inclusion in the F.Y. 1984/85 Work Program. A. Construction Projects on the State Highway System: 1. South Santa Fe Drive: a. Th e construc tion of an interchange at the intersection of We s t Dartmouth Avenu e and South Santa Fe Drive. 2. u. s . 28 5 : a . Th cons truc tio n of a o n -way c oupl e t betw en South Br oa dw y a nd So uth Santa F Drive utilizing th present align m nt of U.S . 28 5 and W t Ithac a Avenu , and the upg r ading of th U.S . 285/Sou th Bro adway int r c hang as a part ther of. b. Th t k Downing ays t m long U. S. 28 5 t o across U. S. 28 5 b t w n So uth r l St r t . c. Sou t h Univ raity Bo ul v a rd /U.S . 2 5 i nt r - to p raft d ubl le t -turns . Ri ht -turn l an s d in t o throu h 1 n ). 8 11 vt Av nu a. Up r d to provid th urntn Into JCilt J n poc k ta to co .. o d t e e nd 1t 11 p tnta •• I • • • • • -7- II. Requests Relative to the Federal Aid Urban System. A. Construction Projects on the Federal Aid Urban System. AYES: 1. South Broadway from Yale Avenue to Floyd Avenue to be widened to the same width as South Broadway from U. s. 285 to Quincy providing left-tum pockets and a landscaped median, and from Quincy to Belleview to be provided with a landscaped median. Carson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker None NAYS: The motion carried. V. PUBLIC FORUM. There was no audience present. VI. CITY ATTORNEY'S CHOICE. There was no representative from the City Attorney's Office present. VII. DIRECTOR'S CHOICE. Mrs. Romans stated that the Commission had asked the staff to determine what restrictions are placed on the operation of barber and beauty shops in a residence by other gen c ies. The Uniform Plumbing Code has no regulations and Tri-County Health and the Co nsumer Protection Division have no r gulatio ns either. However, th e Stat e Bo rd of Barbers and Cosmetology requires that if a barber o r be auty shop requ ts lic ensing in a private ho e, th home must b in a proper zon e d is tric t, and th shop must be s eparate fro the l iving quart r s with ita own ba throom and a separate outside entranc e. This is contrary t o th p r ov i iona of th Co mpr hensiv Zoning Ordinanc e f o r a Hom Occ up a tion, an d t he t a f t r co nd s that ba rb e r s and beauty s h op no t b includ d as a hom occupation i n t h r e vised zoning o rdinan ce. Mr s. Becker asked if this would • n th ahop/ba r b r shop i n a hom could com in as a nonconforatna us Mrs. na atated that lt could ao to th Board of Adjuatm nt and App la, but would Still h v to m t th St t at ndarda. Mra. Rouna to th Fir ra. which would th • staff had t alk d Moat of w 11 , vt d • • • • • -8- Mrs. Romans stated that the R-3, High-Density Residence District, and R-4, Residential-Professional District are to be reviewed. There are no cases slated for consideration of the Commission on October 18th, and if the Com- mission wants, these two districts may be reviewed that evening. This met with the approval of the Commission. Mrs. Romans noted that there are several cases which will be corning before the Commission, but actual applications and paper work has not been submitted to the staff at this point. Mrs. Romans stated that the Condominium Conversion Ordinance will become effective on November 5th. Swedish Medical Center has extended an invitation to the Commission members to attend a breakfast meeting on November 2 at 7:30 A. M. The meeting with the Littleton Planning Commission has been postponed until sometime in November. The Landscaping Ordinance is at the City Attorney's office in final form. Mrs. Romans stated that there were two changes made following the work session of the staff with the Ci ty Council: The City Council asked that all zone districts be required to provide landscaping, and the amount to be contributed to th e Fine Art s/Landscaping fund in lieu of actual landscaping was reduced to 1/2% value of the construction cost. Mr. McBrayer stated that he is very oppos d to the R-1-A, R-1-B, and R-1-C Districts being included in the landscaping requirements. He noted that the Commission considered this matter t length, and made the decision many times that the single-f mily districts not be included, and somebody exercised th ir prerogative to ch ng the work of the Commission. Mr. McBray r stated that h takes offence to th fact that the proposed ordinance has b en changed nd ltered, nd th Commission won't s e the final copy . Mrs. 8 ck r pointed out that the ordin nc was chang d at the direction of the City Council, and that this is th ir pr rogativ Discussion nau d. Mrs. Ro ns stat d that s veral of the City Councilm n had stat d ri ht from th b inning that they lt the ordinanc should apply to all zon districts. Mrs. 8 ck r stat d that sh und ratood one of the Council n had stated h didn 't v n w nt to 1 ok at the ordinance unless th aingle-fami ly districts w r tn luded. IIlli. to h r ujor cone rna h a always b n that of ; th co .. lssion revi w parktna lots with are lots th t may h v only 20 to 0 spaces 1 dacapin • • or ur story ddt 1 n could this occur w1th- alls that th C hat tt uld • - • • • • -9- Mrs. Romans pointed out that the expansion of the parking structure has always been the intent of the Medical Center; it was part of the original plan, but they were not prepared to do it at that time. She pointed out that the "footprint" and ingress/egress points have already been approved and set by the Commission and by the construction of the structure. The purpose of the Commission's review of parking lots was discussed. Mr. Carson asked about the Anderson property south of U. S. 285, and whether the development will take place. Mrs. Romans stated that they are still working on their plans. Mrs. Becker stated that she would like to discuss the possibility of a planning session to work on goals and objectives for the Commission for the next year or so. She asked if the Commission wanted to do this again. She suggested that perhaps this could be done some evening when the agenda is limited, or on a Saturday morning devoted to just this topic. Mr. Stoel suggested that members of the Commission be asked to bring ideas to the next meeting. Mr. McBrayer suggested that it be noted on the agenda. Mrs. Becker suggested that this might be done at the first meeting in November. The meeting adjourned at 8:55 P. M • • • • - MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD October 11, 1983 5e Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:32p.m. PRESENT: REGRETS: ALSO PRESENT: Bob Currie, Barbara Bray, Debbie Dix, Al Quaintance, Lois Sterling, Kay Van Valkenburg, Dorothy Wheelehan Jerry Valdes, ~larietta Brown Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present . Mr. Currie turned the meeting over to ~Is. Winkle for the Director's Report Ms. Winkle gave an update on the Metropolitan Library District noting that the coun ty commissioners would approve and fund a 15-month co ntract with the Denver Public Library for reference services (walk-in only). The commissioners have not yet approved the county's participation in the proposed Metropolitan Library District. There was a brief discussion by the Board 1s. Winkle gave a brief update on the status of the con tract for Englewood's use of Aurora's CLSI syste Ms. Winkle distributed a flow chart of the Library's Bibliographic Data Processing. This was explained and briefly discussed. Ms. Winkle presented an update of the of the microcomputer system for Interlibrary Loans. Th Library has also leased a new piece of equipment for ordering books through B ker and Taylor Co. by entering the Intern tional Standard Book Number (IS&) and quantity only. This will eliminate much of the paperwork ssociated with ordering material for the coli ction . . 11'1nkl noted that M . Ge chw ntner's po ition would be transferred to the M 1n Library wh n and if the Dun an Re d1ng Center clo e . 3-24 __!!Q_: That the Board ren w 1ts lnstltution 1 M b r hip for 3-4 with th Color o L1br ry A oct tion (CLA). v by : Dorothy ~e 1 h n M <O n..leJ by: 8 r Bra y t i n c rr 1 up..! te on h Do~on own Red tor th li r ry . • lop11 nt Progr wtth r - 0 bbi Oi , Lois nbur volunt red to ont nu trlin, nJ lth th tton . I • • • • • -2- Chairman's Report ~lr. Currie asked Ms. Wheelehan to give a report on the Book Sale. As a whole it was felt the sale was a success, but the program in the evening was not. Most of the Libraries that participated felt it was a worthwhile project. As more figures become available, more reports will be forthcoming. The Board will write a letter of thanks to Cinderella City, the Foresters and to Teri ~letros. The Library received $1375 from the sale for the Donor's Fund. On ~londay, October 24, there will be a joint meeting of the Arapahoe County Li- brary Boards at the Aurora Library. Lois Sterling, Al Quaintance, Dorothy Wheelehan and Sharon Winkle plan to attend. Harlan Shattuck, Jr., a former Board Member, passed away recently. MOTION: That monies be contributed in the memory of Harlan Shattuck, Jr. to the Remembrance Fund from the Library Advisory Board funds, in the amount of $100 plus individual donations. This will be the fir t contribution to the new Remembrance Fund. ~~ved by: Lois Sterling Seconded by: Debbie Dix Motion carried unanimously. Members' Choice ls. Wheelehan asked that items for the agenda of the joint meeting of the Arapahoe County Library Boards be pas ed along to her as soon as possible. Mr. Quaintance asked if the Library could give out small treats for Hallowe'en to the children as they ch k out books. Mr. Currie plans to attend the CLA Conference one day next week. o unfinished business . There was a brief discussion on the September 19 3 Statistical Report. MOTIO That the Minut writt n. ved by: Al Qu intanc Seconded by : Lois Sterlin& otion carried. from th September 13, 19 3 Meeting b approved as etin& dJOurned at 8:55 P·•· 10 -12 · s d I . - .. • • - MEMORANDUM ---------- 10 : Andy M::Cc:lv.n, City Manager FRCM : E. P. Romans, Director of Parks and Recreation OO"E : October 20, 1983 SUBJECr: Report on attendance to the 1983 Naticnal Parks and Recreation Congress October 2-6, 1983, at Kansas City, Missouri This year's Naticnal Congress on Parks and Recreation offered mre than 130 educational sessiCXlS, 13 educaticnal seminars (Continuating Education lhit can be earned) and 14 on-site institutes. With these many and varied programs, all divisions of the Park and Recreation field were able to attend sessiCXlS of their special interests . Of the sessions attended, I fotrld the following sessiCXlS mst informative , helpful, and interesting : "Design for Maintenance", "Effective Cc.mn.nicatiCX\5", "Research in Work and Recreation", "Cardiac Wellness 1hrough Recreation", and "Strengthening Families 1hrough Leisure" . Che of the key-note speakers, Michael Annison, fran the Denver based Naisbitt Group, spoke on the Naisbitt' s best seller (ncn-fiction) book of the year titled trends . This presentation, followed by five in-depth sessiCX\5, described the ten IIBJOr waves of change in our nation's growth and direction . Mr. AnniS<n, an exceptionally dynamic speaker, arrplified and analyzed each of these trends as it affects recreation, health, and t nation's style of living. The major trends, as identified by Mr. AnniS<n, are as follows : 1. Fran an industrial nation to an information society . 2 . From a forced teclnology to high tech/high touch. 3. a natiooal. ec to a wrld economy . a north to a south in the USA. 5 . 6 . 7. 8 . 9 . 10 . lw rt enn to a 1 nn plaming and activity. tr ditic.lla1 society to a nul.tiple op ion society in lif sty1 f • c . c traliza ion to c:hie tO I'V'I"Vlt"IU 1 1 t1 lf 1p. dermcr81::v to participato • - 'IO : • • • MEMORANDUM ---------- Mayor Eugene L . Otis, and M!ubers of F.nglewood City Cotncil FI01: Beverly Bradshaw, City Cotncil Representative to the Parks & Recreatien Ccmnission Jim Higday, City Colncil Representative to the Parks & Recreaticn Camrl.ssicn Robert Boarcbm, Scrool Board Representative to the Parks & Recreatien Comnissien Austin Gales, Scrool Board Representative to the Parks & Recreaticn Ccmnissien IY>.'ll:: : October 2 7 , 1983 SUBJECI': Additicn of 'lW Youth MenDers to the Parks and Recreaticn Ccmnissicn Ordinance 38, Series of 1983, provides for the additicn of t:w:l youth tll!llbers to the F.nglewood Parks and Recreaticn Camrl.ssicn. According to the ordinance , these t\.u new nemers are to be U'lder the age of 18 years old and are to be selected by the t\.u representatives fran the City Council and the t:w:l representatives fran the Sch:>ol Board. Their terms will expire en October 1 of the following year of their appoint- ment . The City Cculcil ald School Board representatives met en October 24, 1983 , and lected the t:w:l following perscns to serve en the Camrl.ssien : /lw CC : Becky Radalacher 2941 s . J:b.ning F.nglew:xxi, Co . 80ll0 Age 16 , Gr ll Student at fhgl High Sch:>ol Graduate y. 1985 Carmissicn term exp Oc: 1, l 110 1, 1 • • • MEMORANDUM ---------- TO: Englewood City Council Englewood Urban Renewal Authority City Manager McCown • • • FROM: Susan Powers, Director of Community Development DATE: October 17, 1983 5H ~' SUBJECT: Status Report on Downtown Redevelopment Activities Attached is a project status report that is being presented for your in- formation. gw cc: EDDA I • • • • .. .. PROJECT STATUS REPORT Urban Renewal Authority -House Moving Project. The relocation of the house at 3787 South Clarkson Street to 4702 South Washington Street has been accomplished. Bids have been solicited for interior rehabilitation work, and a contract will be awarded during the week of October 17, 1983. Rehabilitation should take approximately 30- 45 days. The lot at 3787 South Clarkson Street has been deeded to the City for use as part of the Little Dry Creek Detention Pond. Community Development Block Grant Activities. 1) House Moving Project -Th City-owned house formerly at 3440 South Bannock Street has been relocated to the southern end of a lot at the northwest corner of Dartmouth Avenue and South Elati Street. The new address of this residence is 3073 South Elati Street. Sewer and water conn ctions have been completed for this site, and for the adjacent site upon which another house will be relocated. Additionally, an old garage and shed have been demolished nd removed from the adjacent sit (3071 South Elati Stre t). R habilitation specifications for 3073 South Elati Street are currently b ing drawn up and a contract should be bid and awarded within tw o we ks. The rehabilitation work is xpected to take 30 -45 days. Th owner of 3456 South Bannock Street has been contacted concerning the relocation of th t structur to 3071 South Elati Street. At this tim no agreement has been reach d on the acquisition of this structur 2) Malley Parking Lot -The two residential buildings t 125 and 129 Ea t Girard Avenue, cast of Mall y C nter, hav b n acquir d by the City. Replacem nt hou ing was id ntifi d by staff nd th relocation of th two f ili occupying the e hou es has b n accomplish d. Th n xt step in the construction of th parking lot i th d molition of th buildings and r moval of d bris. Prior to d molition, the th ltructur 1 for tr d vn. lnput 11 bein i th re ar ny r build in molition, c natruction of th lot will b rio D par m nt 11 d 1antna th lot und t rain d tht tla du to th t • ion r1 • • • • .. -2- details of the Facade Improvement Program and solicit applications. Several meetings have been held among these coordinators, Abo-Gude Architects, and interested merchants and owners. A number of renderings have been, and are being, prepared for those individuals desiring to participate in the program. One loan applica- tion has been submitted thus far, and several businesses are developing cost estimates to determine the size of the necessary loans. 3601 South Logan Street -Service Station. Due to the unwillingness of this property owner to negotiate for its sale to the Urban Renewal Authority for use in the Little Dry Creek Flood Control Program, Urban Renewal Authority Attorney Benedetti filed an eminent domain suit with the Arapahoe County District Court. Prior to the hearing for immediate possession, the attorneys for the defendants (Mr. Harold Sales, owner; his lessees, and the County Treasurer) stipulated (agreed) to the Authority's acquisition of the property upon the deposit of the appraised value with the Court. This deposit was made and ownership was obtained by the Authority. A hearing must now be requested by the defendants to determine the full value the Authority must pay for the property. Property Acquisition -East of Broadway. At its recent budget retreat, City Council decided to provide the Urban Re- newal Authority with funds to purchase the properties east of Broadway which are needed for the Little Dry Creek flood control improvements. These moni s will be transferred from the Public Improvement Fund to the Authority. Appraisals for these properties have been completed and reviewed by and Authority staff. The Authority negotiator, Scott McDowell, has a proc 8 for contacting the owners and makin offer ba ed on the Acquisition activity will b in in 7 -10 day • City developed ppraisal • Brady Enterprises , the City, and Urban R n wal Authorit past 8 v ral month8 negotiatin the r nt which will be th redev lopm nt of Downtown Englewood. Mo k y 188U 8 , pon81bility and proce88 for land acqu18ition, h ve b n r - tiefaction of both parti 8. xhibite to h .. in bod of nt, tncludin th Tim nd P r!oraence Sch dul , bein d by eta!f. • y I . • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager, and Peter H. Vargas, Assistant City Manager DATE: November 3, 1983 SUBJECT: ICMA ANNUAL CONFERENCE The 69th annual conference of the International City Management Association was held in Kansas City, Missouri, October 9-13. Both of us attended, and we wish to express our appreciation to Council for allowing us to do so. SoliE of the highlights of the conference were the presentations of the keynote speakers including Thomas J. Peters, author of In Search of Excellence; James Baldwin, author and playwright; and Gail Sheehy~ author of Passages. The conference was also highlighted by various a c tivities honoring the retiring Executive Director of ICMA, Mark Keane, the installation of the new Director, William Hansell, and the installation of the first black President of our organization - Sylvester Murray, City Manager of Cincinnati, Ohio. There were a wide variety of workshops offered with an emphasis on computers and office technology. City Manager McCown partic ipated on a panel entitled Intergov rnmental Agreements: No t New, Just Better, and concentrated his pres entation on o ur many agreem nts with Littleton. It is our personal opinion that the ICHA conference h s develop d int o a very high quality confer nc and ia one of th moat professional and enjoy bl of the professional association conf renee• to att nd. It has b come a highlight of th year. We find that attendance at the conf renee ia also b neficial for it provid a th opportunity for n xchana of ideas betwe n th profeaaion. Quit oft n w can diacuaa aiailar probl eta with others nd c ay with a n p rap ctiv impl m nta ion or a raaffiraation that th way w hav particular aituat~on ia th riaht w y or univ really accept Aaain , w both thank you tor t ~L opportunity to att nd. City Manas r r p • I • • • • • October 19, 1983 Englewood City Council Sharon Winkle: Director of Englewood Public Library Robert Currie: Chairman of Englewood Public Library Advisory Board Englewood Citizens: RECEIVED OCT 2 -JS,;1 CHY. MANAGE~'S DWCE .ENGlEWOOD It has been a privi"lege for me to serve on the Engle- wood Public Library Advisory Board for the past two and one half years. However, because of personal and profes- sional responsibilities, I am tendering ay resignation as of this date. Conflicts in time and dutiea would make it impossible to attend meetings in the foreseeable future. The co-unity of Englewood is truly fortunate to be served by an excellent director and staff as well as a sincerely concerned citizena group. The future growth and conaiatently hi&h standarda are guaranteed because of the people who serve the library in both profeasional and vol- unteer roles. Please consider me a "friend" of the library and a grateful citizen. Sincerely, ~~~~~ Marietta Brown • I • • • • - ORDINANCE NO. BY AUTHORITY SERIES OF 198~3------ 711 COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON, LITTLETON FIRE DEPARTMENT, PROVIDING FOR MUTUAL AID/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO: Section 1. That an agreement entitled "Mutual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: MUTUAL AID AGREEMENT THIS AGREEMENT, made by and between the LITTLETON FIRE DEPARTMENT, hereinafter called "Littleton", and the ENGLEWOOD FIRE DEPARTMENT, hereinafter called "Englewood," WITNESSETH THAT WHEREAS, Littleton is a municipal corporation or a quasi- municipal corporation and its territorial jurisdiction generally is the legal boundaries of the Littleton Fire Protection District; and WHEREAS, Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, and Ordinanc s; its territorial jurisdiction gen rally 1s the legal boundar1es of th City of Engl wood, Color do; and WHEREAS, ach o the p r iea hereto ma1ntaina m rgency quipm nt; and WHEREAS, merg nc1 a may ar1a 1n on or the oth r of th jurisd1ct1ona of the p rt1 a result1ng in gr ter d mand th n the manpower nd equipment of th t party c n handle; or em rg nciea of such 1n ns1ty m y occur that they c nno b handl d sol ly by th quipmen of he party in whoa jurisdiction the m rgency occurs; and I • • • • • • WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: I . MUTUAL AID 1 . For and in consideration of the promises of Littleton, hereinafter set forth, Englewood agrees with Littleton that in the event there are emergencies in the territory served by Littleton which are beyond the control of the fire department of Littleton, whether because of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Littleton by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Littleton, and the need for such aid and assistance shall be determined by the fire department of Littleton; subject, however, to the following limitations: Englewood shall be excused from making its equipment and services available to Littleton in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood , or their prior use at any place, which decision of availability shall be made by the fire department of Englewood, and which decision shall be conclusive. 2. For and in consideration of the promises of Englewood, hereinafter set forth, Littleton agrees with Englewood that in the event there are fires or other emergencies in th territory served by Englewood which are beyond the control of the Fire Department of Englewood, whether because of use of their equipment at other places or because of th intensity of the emergency, or otherwise, Littleton agrees, subject to the limita- tion hereinafter set forth, to aid and ass1st Englewood by causing and permitting Littleton Fire Department and equipment to be used in responding to emergencies in the t rritor1al area of Englewood, and the need for such aid nd ss1st nc sh 11 be determined by th FireD partment of Englewood; sub)ec , however, to the following limitat1on: L1ttleton shall b excused from mak1ng its equ1pment or serv1c ava1lable to Englewood in the event o( the need of the em rg ncy quipment or n ed of th m npow r within th territor1al ar of Littleton , or the1r prior use of ny pl c , which d clsion of av 11 bil1ty shall b m de by th Fire Department of Littl ton, nd which d cision shall b conclusive. 2 I • • - • • • • • 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the services rendered to the other party, except that in the event of equipment damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any employee. If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundar i es and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency ar i ses due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective jurisdictions. II. AUTOMATIC AID 1. It is understood and agreed that the Englewood Fire Department (pumper units) will respond from Station 12 (Federal Station) and /or Station 13 (Acoma Station) into Littleton as part of the initial response through automatic dispatching by Littleton dispatchers into the below defined areas; and that Littleton Fire Department will respond from Station 11 and Station 12 into Englewood's district as part of the initial response through auto- matic dispatching by Englewood dispatchers into the below defined areas: Generally extending East and Wes t from the 800 block East to the 5600 block West; and South and North from the 5500 block South (in Littleton) to the 4500 block South (in Englewood); and to also includ the portion of Bow Mar between Bow H r Drive and South Sh ridan Boulevard. III. OTHER PROVISIONS 1. Ei h r party her to may ter inate this contract w1thout cause upon th1rty (30) days' prior written notic to the other. 3 • I • • - • • • • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1983. LITTLETON FIRE DEPARTMENT By-=--~~~--~~~~~--~~------President of City Council By~----~--~~---=~~~~~--~---Presldent F1re D1str1ct Board By-=~--=---~--~~~~---------Fire Department D1rector APPROVED AS TO FORM: City Attorney Section 2. ENGLEWOOD FIRE DEPARTMENT By~~~~~~~~~~---Eugene L. Ot1s, Mayor Attest: Gar y R. Higbee, ex officio City Clerk-Treasurer By~----~~~------------James M. Broman Fire Chief The City Council of the City of Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3 . All prev io us agreements relating to mutual aid/ automatic aid with the City of Littleton are hereby revoked. Introduc d , read in full, and passed on fir t reading on the 17th day of October , 1983 . Publish d a a B1ll for n Ordinanc on th 19th day of Octob r, 1983. R d by titl and p ssed on fin 1 read1ng on the 7 h day of Nov mber, 1983 • • I • • -• • • Published by title as Ordinance No. _______ , Series of 1983, on the 9th day of November, 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. H1gbee s • I . !/& ORDINANCE NO.=------ SERIES OF 198 3 • • - BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORD I NANCE APPROVING AN AGREEMENT WITH THE STATE OF COLORADO, THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR THE RECONSTRUCTION OF ENGLEWOOD'S CITY DITCH. WHEREAS, the State Highway Commission, on August 18, 1983, gave approval for the State to enter into a contract with the City of Englewood to enclose the City Ditch; and WHEREAS, the City of Englewood desires to increase the s i ze of the City Ditch from a current equivalent flow of a 54-inch to a 6 0 -inch enclosed pipe; and WHEREAS, the City desires to consummate sa i d agreement; NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec tion 1. A contract w1th the State of Co l orado, State Department of Hi ghways, Di vi s i on of Hi ghways, i s hereby approved, wh i c h contract reads a s follows: CONTRACT THIS CONTRACT, made this day of , 1983, by and b e tween the St a te of Colorado for the use and benefit of THE ST AT E DEPAR TMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, here i nafter r efe rred t o a s t he Sta t e, and the CITY OF ENGLEWOOD, here i naf t er re f e rr d to as th e c o nt ra c tor or Lo c a l Agen c y; WHERE AS , authority e x ists i n t he La w and F u n ds h ave b een budgeted , appro p ri ted a nd othe rw ise made available a nd a suffic1ent unencumb ered balance th reof rem ins availabl for p yment in und umber 2001 , G/L Account Numb r 5 2 0 4 6 , Con ract Encumbrance Number ; and WHEREAS , requ1red b en accomplish d from pprov 1 , cl arance and coordination has nd with appropriat age n c1 s ; a n d WH R AS , he S ate ntici p ates co n ractio n p ro)ec I XM U 0075 (1 4 ) w1 h1n th Littl to n Rail road o p ression to e n close he C1ty Ditch wh ch is the Local Age n c y's w ter su pp l y ; nd • I • • • • - WHEREAS, the Lo cal Agency has requested the State to in sta ll an enclosed system of a variable size from 54-inch to 60-inch p ipe to replace the mainly open section of ditch, here i nafter referred to as the work, so as to handle future capacity that the Local Agency has projected that it will requ i re; and WHEREAS, the State and Local Agency consider it to be in their mutual interest to cooperate in the design and construct i on of enclosing the City Ditch; and WHEREAS, the funding for the work is based on 57% funds to be furnished from Federal and other State funding and 43% funds to be furnished from the Local Agency funding; and WHEREAS, the State Highway Commission, on August 18, 1983, gave approval for the State to enter into a contract with the Local Agency thereby accepting such reimbursement; and WHEREAS, this contract is executed by the State and Local Agency under authority of Sections 29-1-203 and 43-1-106, C.R.S. 1973, and by the Local Agency under the authority of its appro ved ordinance; NOW, THEREFORE, it is hereby agreed that: 1 . The estimated cost of the work was arrived at as follows: A. Total estimated cost of the work (includes 15\ construction engineer ing) $1,000,409 B. Federal , State and other funds at 57\ $ 570 ,233 c . Local Agency funds at 43\ $ 4 30 ,176 D. 1. 8\ Estimated indirect costs of State paid by Local Agency $ 7 ,7 4 3 E . Total Est1mated cost of Local Agency $ 43 7 ,919 Any addit1onal construction costs for work shall include 15\ of 1ncurr d construe 1on costs for ngine ring nd contingencies nd ct costs and sh 11 be shar d by Loc 1 Agency (43 ) and 1, State and oth r (57\). 2. The State ill prov1d lia1son with th Local Ag ncy or 1ts repr sentat1v through th Stat 's Di trict Eng1n r, D1str1c VI, loc d a 2000 South Holly Street, D nver, CO 80222. Sa1d Distric Engin r will also be r sponsible for coord1n t- i~g th Stat 's ctiv1 i s under this contr ct. 2 I • • -• • - A. RESPONSIBILITIES OF THE LOCAL AGENCY The Local Agency shall be responsible for maintenance of facilities constructed in its jurisdiction pursuant to this contract after acceptance of the facilities from the State. RESPONSIBILITIES OF THE STATE 1 . The State will provide the following items of work: a. All surveys. b. All design work from conceptual stage through final design, based upon alignment, grade, pipe size, and technical specifications as provided by Local Agency . 2. The State will provide final assembly of construction plans, specifications, and contract documents, advertise the Call for Bids, open the bid proposals and award the construction contract to the lowest responsible and qualified bidder. 3. The State will have full jurisdiction and control over its construction contractor in the performance of all work shown on said plans and specifications. 4. The State will be responsible for the supervis1on of the work, which shall include, but not be li ited to, f1eld and off1ce eng1neering, inspection and rna er1als testing , and traffic control within the proJect area. GENERAL PROVISIONS 1. All work and materials to be used 1n construct1on shall be in accordance with the plans and sp c1ficat1ons for the project which are m d a part hereof by ref r nee, th s as if attached hereto. 2. Throughout the con truction of th work, th Local Agency w1ll prov1d an 1nspector o insure that he interests of he Local Agency wi h regard to said work are be1ng fulfill d. The Local Ag ncy's 1nsp ctor shall report only to th State's 1nsp ctor nd shall not involv d with th St te's construct1on contractor. 3. 1mbur em nt to the St te by the Local b s d upon th ctual "construct d quanti i s" as Stat • I e ized "constructed quantities" will b Agency by S a w1th paymen requests. 3 • Ag ncy shall be d t rm1ned by the provid d to Local I • • • • .. The State may make monthly billings to the Local Agenc y , but a minimum amount of $10,000 (excepting the final payment) will be needed to author i ze deduction from the escrow account for payment to the State. 4. $50,000 escrow to be replenished at time of billing. 5. After the work has been completed and final quantities have been determined, the State will bill the Local Agency for its share of the final costs as stated in Paragraph 3 above. The Local Agency will remit to the State within 30 days the amount as billed. 6. Interim funds , until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001). The estimated maximum costs under this contract for the work shall not exceed $437,919 for the non-part1cipating work without benefit of a supplemental contract. 7. The term of this contract shall cont1nue through the completion and final acceptance of the work by the State and rece i pt of final payment from the Local Agency. 8. This contract shall inure to the benef i t of and b e b1nding u pon th e part i es, their successors, and assigns. 9. The facilit i es constructed pursuant to t hi s c o n t r act , i n cl ud i ng easement, right of way and l1 censes s hall be the prop rty o f th e Local Agency. 10. Any license or perm i t requ1red by a n y u t 1li t y com p a n y to c ross the enclosed ditch shall be handled between th i nv olved utili ty company and the Local Agency, but the S ta t w1ll en u r that n o c ontractor or utility will cross the d1tch w1thout s i g n1 ng t h license agreement of the Loca l Agency during t he per i od of this co ntr a ct. The State wi ll i nclude th i s requ i r men t 1n i ts constr u c t i on contr ac t wi th all Ut i l1ties and Agenc 1 es wh ich must cross th e d itch wit h fac i l i ties. 11 . No relation o r r eco ns t r uctio n of the City of Engle wood "Ci y Ditch " shall occur w1thout t he wr itten authori z atton of the C1ty of Englewood . All requests for r loca ion shall includ th wr1 n l g l descrip ion of the property to whtch th City 01 ch ta o b rel~cat d , a comm1tm nt for itle inauranc tn he a oun of h construction coat of the portton or portions to b reloca d, and evtdenc o Englewood' abili y to occupy and ua aa1d prop r y for purpos s o m inta1ning a w t r lin th r 1n . Such ev1d nc , whtch shall b 1n th nature of p rmanent as m n , right o way , or o h r at tlar agrement , shall includ prov1aions: (l) ha Engl wood is gr n ed a p rp ual , n on-e x clusive rtgh , ov r , und across and hrough aatd prop rty for th purpoa o conattuc ing, op r tng, m 1n a1ning , repatring , replac1ng , r ovtng , and • • • - enlarging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the 1 transmission of water;· (2) a prohibition on the construction, ~ erection, or placing or any "improvement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed, erected , or placed when no prior approval from Englewood has been obtained; ) the r1g subjacent and lateral support of the water line so constructed; the right in Englewood to undisturbed use and occupancy of the property ; (5) that the evidence is binding on the heirs, personal representatives, successors and assigns of the parties and that the terms , covenants and agreements and conditions of the evidence shall be construed as covenants running with the land.(~ b) NONDISCRIMINATION PROVISIONS In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor , for itself, its assignees and successors i n interest, agree as follows: A. Compliance with Regulations. The Contractor wil l comply with the Regulations of the Department of Transportat i on r ela t i ve t o nondiscrimination in Federally assisted programs of the Depar t men t of Transportation (Title 49, Code of Federal Regulations, Par t 21, hereinafter referred to as the "Regulations"), wh i c h are here 1 n incorporated by reference and made a part of t h is contract. B. Nondiscrimination. The Contractor, wi th regard to the work performed by it after award and pr i or to completion of the c ontract work, will not discr i minate on the ground of race, color, s e x, men t al or phys i cal handicap or nat i onal origin 1n the selec t i on a nd retent i on of Subcontractors, including procurements of mater ials a n d leases of equipment. The Contractor will not partic i pate, ei ther directly or i nd i rectly, in the d i scr i mination prohibited by S ect ion 21.5 of the Regulations, includ i ng employment practices wh e n the contract c overs a progr a m set forth in Append i x C of the Reg ulat i ons. C . Sol1c1tat1ons fo r Subcon t r act s, Incl ud i ng Proc ur ements of Mate r ials and Eq uipmen • In all solicttatton s , eith r b y competitive b1dd1ng or negoti tlon ma d e by th Contractor for work o b perform d und r a subcontract , includ1ng procur menta of matertals or qutpment , ach poten tal Subcontractor or supplter shall b not1f1ed by th Contractor of h Contractor 's obligat ons under thi contract and the R gulattons relattve to nondtscrtmtna- tton on th ground of race , colo r, sex , men al or phystcal handicap or national orig1n . 5 • • • • • • D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to i t s books, records, accounts, other sources of informat i on, and i ts facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporat i on of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, i ncluding procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such act1on with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; prov1ded, however, that in the event the Contractor becomes involved in or is threatened with l i tigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to ent r into such litigation to p rotect the interests of the State and, in addition, the Contractor may request he FHWA to enter i nto uch li tig ati on to protect the int erests o f the Un i ted States. SPECIAL PROVISIONS CO TROLLER'S APPROVAL 1 . Th1s contract shall not be d d valid unt1l 1t shall hav been pproved by the Controller of th Stat of Colorado or such as istant as h may d e s 1g n ate. Th1a prov1a1on 18 appl1cabl to any contract involv1ng the p a ym en of mon y by th Stat • • • • • .. F UND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3 . If this contrac involves the payment of more than ten thousand dollars for the construction, erection, repair, maintenance , or improvement of any building, road , bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shal l , before entering upon the performanc e of any s u c h work included in t hi s contrac t , du l y execute and de li ver to and f ile wi th the offic i al whose signature appears be l ow for the State, a good and sufficient bond or other acceptable surety to be approved by sa i d official i n a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be d u ly executed by a qualified corporate surety, cond i t i oned for t he du e and fa i thful performance of the contract, and i n addi t ion, sh all prov i de that if the contractor or his subcontr a ctors fail to duly p a y for any labor, materials, team hire, sustenance, pro vi sions, provender or other supplies used or consumed by such contractor or hi s subcontractor i n performance of the work contracted to be done, th e surety will pay the same in an amount not exceeding the sum s pec i fied i n the bond, together with i nterest at th e rate of eight p e rcent per annum. Unless such bond, when so requ i red, i s execut e d, d e l ivered and f i led, no claim in favor of the contractor a rising u nder th i s contra c t s h all be aud i ted, allowed or paid. A certif ied or cas h i er's check or a bank money order made payable t o the T r ea s u r er of the State of Colorado may be accepted i n li eu of a bon d. MI NI MUM WAG E 4. Excep as ot h e rw i s e pr ovi ded by l a w, if t h is con tr act prov1des for the pay en of mor e tha n five thousa nd d ol l ars a n d r quires or lnvolve the employment of la b ore r s o r mechanics i n the cons rue ton , al era ton or rep ir of any building or o h r p ublic work , ( xc highways , highway bridge , underp as s and h1ghway all klnds) w1thin he g ographtcal 1 m1 s of th e o wage for all laborer and m chan1c mploy d by he con rae or or ny subeon ractor on the bu1ld1ng or publ1c work cover d by h1s con ract sh 11 be not les than he prev t1ing rate o wag s for work of a atmilar natur in th ci y , o wn , Vlllage or o h r c1v1l aubd1v1s1on of he sa e n wh ch the butld1ng or o her publlc work ia loca ed . Dispu a reap c 1ng pr va1l1ng ra a w111 reaolv d as prov1d d in 8-16-101 , c .. s . 1973 , aa am nd d. 7 • • • .. DISCRIMINATION AND AFFIRMATIVE ACTION 5 . The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957 , as amended , and other applicable law respecting discrimination and unfair employment practices (24-3 4 -301 , C .R .S . 1973 , as amended), and as required by Exec utive Order , Equal Oppo r tunity and Affirmative Action , dated April 16 , 1975 . Pursuant thereto , the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin , sex, marital status , religion, ancestry , mental or physical handicap , or age . The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include , but not be limited to, the following: employment, upgrading , demotion , or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training , including apprenticeship. The contractor agrees to post in conspicuous places , available to employees and applicants for employment , notices to be provided by the contracting off1cer setting forth provisions of this non-discriminat1on clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on beh alf of the contractor , state that all qualified appl1cants w ill rec ive cons1derat1on for employment without regard to contractor, state that all qualified appl1cants will rec 1v consid ration for employment w1thout regard to race, cr ed, color, national origin , sex , marital status , religion, ncestry, m ntal or physical h nd1c p , or ag • (3) The con rae or w1ll • nd o represen ative o workers w1 h wh1ch h 8 un1on or h • • • .. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor , or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled , ter inated or suspended in whole or in part and the contractor may be declared 1neligibl for further State con racts 1n accordance with proc dur s authoriz d in Executive Ord r, Equal Opportunity nd Aff1rmativ Act1on of Apr11 16, 975 and the rules, regulat1ons, or ord rs promulg t d in accordanc th r w1 h, and such other sanct1on as m y be 1mposed and rem dl s as ay 1nvok d s prov1d d 1n Execut1v Order, Equal Oppor un1 y and A firmativ Action of April 1 , 1975, or by rules, r gula 1ons, or ord rs pro ulga d in ccordance her 1 h, or as o herw1s prov1d d by law . • ...... • • r' .. agency may direct, as a means of enforcing such provisions, including sanctions for noncompliane; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101 & 102, C.R .S. 1973, for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference wh i ch provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules a nd regulations, shall be considered null and void. Nothing c ont ai ned in any provision incorporated herein by reference which p u rport s to negate this or any other special provision in whole or i n p a rt shall be v lid or enforceable or available in any action at la w, wh ether by way of complaint, defense or otherwise. Any pr ov1 s ion rendered null and void by the operation of this prov1s1on wi l l not invalidat the remainder of this contract to the extent hat the c o nt r c t i s c apable of execution. 8 . The s i gna t o r i es h r e to aver that they are fam i l i ar with 18-8-301 , et a q., (Br 1 b ry and Corrupt Influ nc s ) and 18-8-401, et sq ., (Abus of Public Off i c e), C.R.S. 197 3 , as m nd d, and th a t no vlolation of such provision s is p r s nt. 9. Th a1gnator1ea ave r that to their k nowledge , no at te mploy h a ny p raonal or ben fic1a1 intereat whatao ver in he a rv1ce or prop rty eacrib d h rein . 10 • • • -• • • IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above wr itten. ATTEST: Ch1ef Clerk APPROVED: State Controller ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer Section 2 . STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By~~~~~~~~~~---Executlve D1rector DEPARTMENT OF HIGHWAYS DUANE WOODARD Attorney General By-rv....-~~~~--------LYNN OBERNYER First Assistant Attorney General Natural Resources Section CITY OF ENGLEWOOD, COLORADO By __ ~~~.-~7T~~~~Eugene L. Ot1s, Mayor That th City Council of the City of Englewood hereby authorizes th Mayor and th x officio City Clerk-Treasurer to s1gn and at st th s me for nd in beh lf of the City of Englewood . Introduc d , read in full, and paaa d on firs r ad1n9 on th 17 h day of October , 1983. 11 • I • • • • ,. • Published as a Bill for an Ordinance on the 19th day of October, 1983. Read by title and passed on final reading on the 7th day of November, 1983. Published by title as Ordinance No. , Series of 1983, on the 9th day of November, 1983. ------- Eugene L. Ot1s, Mayor Attest: ex off1c1o C1ty 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee u I • • ORDINANCE NO.=-~~~- SERIES OF 1983 • • .. BY AUTHORITY COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PROVIDING FOR THE RELOCATION OF ENGLEWOOD'S CITY DITCH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. An agreement with the City of Littleton is hereby approved, which agreement reads as follows: AGREEMENT THIS AGREEMENT, made this day of , 1983, by and between the CITY OF ENGLEWOOD, COLORADO, and the CITY OF LITTLETON, COLORADO; WHEREAS, The City of Littleton has embarked upon a public improvement project that calls for the lowering of the railroad tracks in the City of Littleton, said project commonly referred to s the "Littleton Railroad Depression Pro ject "; and WHEREAS, in order to complete the Littleton Railroad Depression PrOJect, it is necessary to relocate the City of Englewood City Ditch used by the City of Englewood for h conveyanc of raw water for municipal purpos s; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The City of L1ttl ton shall relocate he C1 y Dl c h cco rd1n9 o th e rms h r of. • -• • • a. Tha Englewood is granted a perpetual nonexclusive rig ht o of cons r, acros s and through said property for the purpose g, operati ng, maintaining, repairing, replacing, enla rging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water; b. A prohibition on the construction, erection, or placing of any "improvement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed, erected, or placed when no prior approval from Englewood has been obtained; c. The right to subjacent and lateral support of the water line so constructed; d. The right in Englewood to undisturbed use and occupancy of the property; e. That the evidence is binding on the heirs, personal representatives, successors and assigns of the parties and that the terms, covenants and agreements and conditions of the evidence shall be construed as covenants running with the land. 3. All costs of relocation shall be the sole expense of the City of Littleton. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date first above written. CITY OF LITTLETON, COLORADO By -=p,_r_e_s..,i'""'d.-e-n'""'t,--o-rf-=c ... l..,.t-y....,C"'"o-u-n-c-i,..,i.--- ATTEST: C1ty clerk 2 CITY OF ENGLEWOOD, COLORADO By __ =-----~~~--~-----Eugene L. Ot1s, Mayo r ATT ST: Gary R. Higb , ex off1cio Ci y Cl rk-Tr aaur r • I . - ( • • • • Section 2. That the City Council of the City of Englewood hereby authorizes the Mayor and the ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of October, 1983. Published as a Bill for an Ordinance on the 19th day of October, 1983. Read by title and passed on final reading on the 7th day of November, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 9th day of November, 1983. Eugene L. Ot1s, Mayor Attest: 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 the Ordinance passed on final reading and publish d by title as Ordinance No. , Series of 1983. Gary R. Hlgbee 3 • I • • • • • ORDINANCE NO.=------ SERIES OF 1983 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 59 INTRODUC~N~ ~ _ MEMBER. __ L~~~~==~~~ AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD, STATE OF COLORADO, PROVIDING FOR THE CONSTRUCTION OF CHANNEL IMPROVEMENTS TO THE SOUTH PLATTE RIVER BETWEEN WEST OXFORD AVENUE AND U.S.285 (HAMPDEN AVE.). WHEREAS, the U.S. Corps of Engineers plans to make certain im provements to the channel of the South Platte River; and WHEREAS, such improvements will take place partly on property o wned by the City of Englewood; and WHEREAS, it is to the benefit of the City of Englewood to cooperate in the construction of said improvements to the benefit of the City of Englewood in providing recreational resources to its residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An easement for river rechannelization improvements as follows is hereby approved: ENGLEWOOD DEPARTMENT/AGENCY t ____ __ CONTRACT ROUTING t ______ __ EASEMENT FOR RIVER RECHANNELIZATION IMPROVEMENTS THIS EASEMENT, made this day of , 1983 , by the CITY OF ENGLE WOOD o f the County of Ar apahoe , State of Colorado , party of the firs part , to the STATE OF COLORADO for he us nd benef1 of th DEPARTMENT OF NATURAL R SOURCES (COLORADO WATER CONSERVATION BOARD), hereina ter r ferred o aa par yo he aecond part, WITN SSETH Tha for nd in conaideration of the aum of T n Dollars and o her cona1dera ion, caah in hand paid , th rec ipt of wh ch ia • I • • • • .. • hereby acknowledged, parties of the first part have this day con- veyed and transferred and delivered unto the party of the second part a permanent easement and right of way, including the perpetual right to enter upon the real estate hereinafter described at any time it may see fit and construct, maintain, service, and repair improvements to the South Platte River channel for the purpose of conveying river flows over, across, and through the lands herein- after described, together with the right to remove trees, bushes, undergrowth and other obstructions (except as herein provided) interfering with the location , construction and maintenance of said improvements to the river channel. The easement and right of way hereby granted is located in Exhib it A, attached hereto. To have and to hold such easement and right of way unto the party of the second part and unto its successors and assigns for- ever. The party of the first part does hereby covenant with the party of the second part that they are la wfu lly seized and pos- sessed of the rea l estate above described, that they have a good and lawful right to convey it or any part thereof, that the above described easement and right of way is free from all encumbrances and that they will forever warrant and defend the title thereto against the la wf ul claims of all persons whomsoever. The f1rst party further grants o the second party the right o f ingress to nd egress from said s r1p over and across said lands by means of roads and lanes hereon , if such there be ; oth rwise by uch route or routes as shall occasion the least pr c ical damage nd 1nconv n1ence to the firs p r y. First par y will p rform such normal m intenance s is appro- r l te on th easemen ; provid d, how ver, nothing h r in contain d hal l in any way obl1gate th party nf th f1rst par to maintain h r i p rap, w i rs or other chann 1 1mprov m nts construe ed by th s cond p a rty or t h u.s. Army Corps of Eng1neers. • ( • • .. recreational facilities, and party of the second party shall in no way interfere with the first party's full and peaceful enjoyment thereof. The prov1s1ons hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all convenants shall apply to and run with the land. IN WITNESS WHEREOF, the first party hereto has set its hand and seal the day and year first above written. CITY OF ENGLEWOOD, COLORADO By ATTEST: --~E~u-g_e_n_e--~L-.~O~t~1~.s--,~M~a-y_o_r __ __ Gary R. Higbee, ex off1cio City Clerk-Treasu rer Section 2. That a contract with the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, is hereby approved: CONTRACT THIS CONTRACT, m de this day of by and b twe n th STATE OF COLORADO for the us D PARTMENT OF NATURAL RESOURCES (COLORADO WATER BOARD), h r 1na! er ref rr d to as h Sa , and CITY ENGLEWOOD, of th Coun y of Arap ho , State of Color do, h r 1naf r ref rr d o s he Con ractor. b n WH AS, r qu1r d ccompl1ah d ro pproval, el aranc nd w h pp opri 3 n and eoordtn on ha• a nc1 a; nd • • • ( ( ( • • • WHEREAS, the U.S. Army Corps of Engineers plans to make certain improvements to the channel of the South Platte River; and WHEREAS, such improvements will take place partly on property owned by the City of Englewood; and WHEREAS, both parties desire to have such improvements made; NOW, THEREFORE, it is hereby agreed that: 1. As a consideration for entering into this agreement, the parties also agree that the State shall place or cause to be placed the approximately 15,000 cubic yards of fill material now stock- piled at or near the northeast corner of the intersection of West Oxford Avenue with the South Platte River to an area along the east bank of the South Platte River within the easement as described in Exhibit A attached hereto. Said fill material is to serve as a base for rip rap and shall be placed in accordance with the spec i - fications of the U.S. Army Corps of Engineers. 2. State hereby covenants and agrees to perform i ts con- struction and maintenance operations with dispatch and with care and, immediately upon completion of its operation, shall repa i r an y damage it shall have done to the contractor's fences, roads, lanes, trees, shrubs, or other improvements. 3. At least ten (10) days prior to construction, t he State shall give notice to the off i ce of the C i ty Manager. 4. The provisions hereof shall i nure to the benefit of and bind the successors and assigns of the respect i ve parties hereto. SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 . This co nt r ct shall n ot be deemed v a l i d unt i l it shall hav been pproved by he Cont r oller of t h e S tate o f Color a d o or such ssistan as he m y d sign t This provision is a pp lica b l to any contrac 1nvolv1ng he paymen of mo n y by th Stat • FUND AVAILABILITY 1nanc1 1 obl1ga 1ons of th Stat payabl ft r t h e curr n 11cal y ar ar cont1 n g n upo n f u n di fo r ha pur p oa b ng appropria d , budg d nd other w 1 mad avail bl • 4 • I • • ( • • .. BOND REQUIR EMENT 3 . If this contract involves the payment of more t h a n ten thousand dollars f or the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract , duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay f or any labor, materials, team hire, sustenance, provis i ons, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceed ing the sum specified in the bond, together with interest at the rate of eight percent per annum. Unless such bond, when so req uired , is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited , allowed or paid. A certified or cashier's check or a bank money order made payabl e to the Treasurer of the State of Colorado may be accepted in l1eu of a bond . MINIMUM WAGE 4. Excep as other wise provided by law , 1f th1s contract prov1d s for the paymen of more than five thousand dollars and requ1res or 1nvolv s h mployment of laborers or mechanics 1n th construction , alt ra 1on or repair of any building or other publiC work, (exc pt h1ghw ys , highway bridges, underpasses and highway s ructures of 11 1nds) w1 hin the geographical limits of th State, th rate of wage for all laborers and mechanics mployed by he contrac or or ny subcontractor on th building or public work covered by his contrac shall be not less than the prevailing rat of wages for work of s1m1lar natur in the city , town, Vlllag or oth r civil subdiv1sion of th State 1n which the building or other publ1c work I& loca d. D1spu s reap c 1ng pr v 1l1ng rates w1ll b r solv d s prov1d d 1n 8-l -101, C.R.S. 1973, as m nd d. OISCRIMINATIO AND A IRHATIY ACTION s. Th con rae or gr s o comply i h Color do An idiscr1min ion Ac of 1957 , o h r ppl1cabl law reap c 1ng diacr1m n on pr c 1c s (24-34-301 , C.R .S. l 73, a m nd d), 5 • • • .. Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitat io ns or adverti sements for employees placed by or on behalf of the contrac tor, state that all qualified applicants will receive consideration for employment without regard to contractor , state that all qualified appl1cants wil l receive consideration for employment without regard to race, creed , color, national origin , sex, mar ital status, rel1g1on, ances ry, mental or physical handicap, or age . (3) The contractor will s nd to each labor union or r presentative of workers with wh1ch he has collec ive bargai ning agreement or oth r con rae or unders anding, notice to be prov ided by the con rae ing officer , advising the labor union or workers' repr s nta 1ve of th contrac or's commitment under the Executive Ord r, Equal Opportun1ty and Af 1rmative Action, dated Apr 1l 16 , 1975, and of the rules, r gulations , nd relevant Order of th Governor. (4) Th contr ctor nd labor unions will furnish all 1n ormation and repor s requir d by Execut v Ord r , Equal Oppor uni y nd Aff1rm t1ve Action of April 16, 1975, nd by h rules, r gul Ion and Ord rs of h Governor, or pursuan h re o, and will p rmit cc as to h1s books, r cords, nd accounts by th con rae ing ag ncy nd th o fie o th Gov rnor or h1s d 11gnee for purpos s of inv s 19a ion o sc r 1n compli nc w1 h such rul a , r gula ions nd ord rs. • • • • • (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organizat ion , or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 975 and the rules, regulations, or orders promulgated in accordance th rewith, and such other sanctions as may be imposed and remed1 s as may be invoked as provided in Executive Order, Equal Oppor unity and Affirmative Act1on of Apr il 16, 1975, or by rul s, regulations, or orders promulgated in accordanc th r w1th, or as otherwise provided by law. (8) The contractor Wlll 1nclud the provisions of paragraphs (1) hrough ( ) 1n v ry sub-contract and subcontractor purchase ord r unless xemp d by rul s, regulations, or ord rs 1asu d purauan to Ex cut1v Ord r, Equal Opportun1ty and Aff1rma 1v Ac ion of Apr1l 16, 1975, so that such prov1s1ons wtll be b1nding upon ach subcontractor or v ndor. Th con ractor w1ll take such actton w1 h reap c o ny ubcontrac 1ng or purchase order as the contrac ing ag ncy may direct, as a m ana of n orc1ng such prov1 ions , 1nclud1ng sanctions for nonco pli n ; provided, however, tha 1n the ev nt th contractor becomes tnvolv j n, or 1a hrea en d wi h , li lga ion wi h h aubcontrac or or v ndor as a result o such dir c ton by h eontrac ing 9 ncy, h contr c or m y r queat th St e Colorado to r tnto such lit19 t1on o prot ct th in r at of th S of Colorado . 7 • • • .. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101 & 102, C.R.S. 1973, for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations, shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law , whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this prov1s1on will not invalidate the remainder of th1s contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301 , et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq ., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state mployee has any personal or beneficial interest whatsoever in the s rvice or property d scribed h rein. IN WITNESS WHEREOF, the parti s h reto hav ex cut d this contract he d y and year first abov written. Con rector Poai on ____________________ __ Social s 8 STAT! 0 COLORADO RICHARD D. LAHH, COV RNO • • • • • - APPROVALS ATTORNEY GENERAL CONTROLLER By--------------------·-----------By ________________________ __ CITY OF ENGLEWOOD, COLORADO ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer By~~~~--~~--~~~--Eugene L. Otis, Mayor Section 3. That the Mayor and ex officio City Clerk-Tre asurer o f the City of Englewood are hereby author i zed to s i gn and attest the foregoing agreements for and on behalf of the City of Eng l ewood and the City Council. Intr oduc d, r ead 1n f u ll, and passed on f 1rs t r a d 1ng on h 7 th day o f Novemb e r, 198 3 . Pub lish d as No vember, 1 98 3 . At est: ex officio C1 I ' Gary R. H1gb 8 111 f or a n Ordinance on th 9 t h day of , X offic1o City Cl rk-Tr sur r o th Ci of Engl wood , Color do, h reby c rtify tha th bove and for go1ng 18 tru , ccu r ate nd complete co p y o a ill for n Ordin nc , 1n roduced , r d 10 ull , and p as d on lrS r ding on h 7 h d 0 Nov mb r , l 83 . 9 • y y I . • • • .. ~ U.S. ARMY CORPS OF ENGINEERS' RIGIIT-OF-WAY THROUGH GOLF COURSE: 13eginm.ng at the SW Corner of the NW1• of tha SW1• of Sec. 4, ~·~~p. !) S. , Range 60 w. of the 6th P.M., Arapahoe County, Colorado; thence S. 89° 38'51" E. along the s. line of the NW~ of the sw1~ 421.28' 1 thence N. 01°13' 31" E. 1410.0'; thence N. 16"43'31" E. 600.0'; thence N. . .. ;.. 24° 33'31" E. 720.0' 1 thence N. 74"18'31" E. 370.0'; thence N. 15" 31'29" W. 150.0'; thence S. 74°18'31" W. 439.55'; thence s. 24"33'31" w. 799.84'; thence s. 16°43'31" w. 629.90'; thence S. 01°13'31" w. 556.05'; thence s. 56° 43 • 31" w. 342.0'; to a point on the w. line ot Sec. 4, 'l'wp. 5 s., Range 68 W.; thence s. o"23'3l" W. 688.0' to the Point of Beginning, except the south 80' thereof. Said parcel contains 15.204 acres. Basis of bearings from Polaris taken January 20, 1981. 6/14/83 PJC/lo EASE~XNT EXHI IT A • I • • • • - 0 --+ ~;~~~~,~~~:-:~:~:::::-------------,---~- -'==--. s '" ... Jl "ij -----:.:.:.:~~' ---, -------- .,..,._ -a.------ • • • • 7£ BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 60 SERIES OF 198~3------~~~:~~UCE~~ A BILL FOR AN ORDINANCE APPROVING AN ADDENDUM FOR ESTABLISHMENT OF THE APAL BOOK FUND WITH THE ARAPAHOE REGIONAL LIBRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZENS OF ENGLE WOOD AND THE COUNTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sect i on 1. There is hereb y a pproved an addendum f or es ta b- l i shmen t of the APAL Book Fund t o a contract entitled "Agreemen t for Library Services" as follows: ADDENDUM ESTABL I SHMEN T OF THE APAL BO OK FU ND The fou r p u bl i c l i brar ie s in Arapahoe Coun ty , Aurora P ublic Lib r ary , En glewood Publ i c Libr a ry, Edw i n A. Be mis Publ1c L1 b rary (Littleton ), Ar a p ah oe Region al L i brary Di s t r ict , hav ag r eed to cooperate i n a pr oj ec t named APAL -Arap ah o e Pu b lic Access to Libra r ies . Th m1s s i on of this group o f direc ors is to 1mprov ace s to li br a r y mat er ia ls t o r e s i dent s o f Arap ho Cou n y , an und rta k 1ng end o r s ed b y the f o ur li br a r y boards . To ca rr y o u t t h is m i ss i o n , e ach li br a r y will 1n 198 4 d pos1 On Thousand dollars ($1 ,000) i n a r est r icted fund held nd dmln- is red by the Arapaho Regional Li br ry D1str1ct . Mon y for his fund w1ll b con ribut d as follo ws : ~orora ?ubl1c L1brary -invo1c for $1 ,000 by At, p ho 1teg1onal Library DIS r1ct ; on r c 1p Will pl r.ed 1n h re rtcted APAL Book Fund. b s ot mon y ogl wood Publ1c L1br ty -$1 ,000 w1ll d due d ro L1br ry D1a r1c 'a 1 a quart r r c1proc od plac d 10 h t a r1c d APAL Book Edw1n A. 8 m1a PubliC L1br ry -$1 ,000 w1ll b ro Ara ho g1oo 1 L1br r c1procal borrow1n pay n APAL Book und. d • d • • • • Arapahoe Regional Library -$1 ,000 will be transferred from unappropriated surplus funds and placed in the restr icted APAL Book Fund. CITY OF ENGLEWOOD, COLORADO By~~~~~~77~~~~-----Eugene L . Otis , Mayor ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer ARAPAHOE REGIONAL LIBRARY DISTRICT By-=---r.-~~~~~~---Presldent, Board of Trustees ATTEST: Secretary Section 2. That the Mayor and ex officio City Clerk-Treasurer of the City of Englewood are hereby authorized to sign and attest said Addendum for and in behalf of the City of Englewood. Introduced, read in full , and passed on first re ading on the 7th day of Novemb r, 1983 . Published as a Bill for an Ordinance on the 9th day of Novemb er , 1983. Eugene L . Ot1s , Mayor Attest: x olficio ci 1, G ry • Hl<Jb , x of icio C1 y Clerk-Trea City of Engl wood, Colorado, h r by c rtify tha h forego ng ia a ru , ccura • and com le copy Ord1n nc , 1n roduc d, r d in ull, and paaa d h 7 h day o Nov m r, 1 83. • of th and for n r ading on I • , • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Addendum to the Agreement for Library Services with Arapahoe Regional Li- INITIATED BY Library Advisory Board ACTION PROPOSED Coun il consider and approve the addendum to the a greement. Th Agreement for Library Services with Arapahoe Regional Library District wa s recom- mended to City Council for approval by the Library Advisory Board. Council subsequently approved the agreement on final reading at its meeting of October 17 , 1983. The ad- dendum to this agreement is also recommended by the Library Advi ory Board to Council for its approval. BACKGROUND The addendum addr sses the establishment of the Arapahoe Public ccess to Libraric ( PAL ) Book Fund. AP L was formed in late 1982 by the four public library agencie s in Arapaho Coun ty at the request of the agency boards. Members of APAL are Englewood Public Library, Littleton Public Library, rapahoe Regional Library District, and uror Public Library. P rticipation of the Englewood Public Library in PAL was p- proved by it Libr ry dvisory Soard. of P L i to provide improved access within th county to information er- ne d d by rap ho Coun ty residents. s such, it is currently viewed a r - ring progr· m. l1br rt 1n ppr v 1 o th t "here1n e - P L moni s 1nJ n indiviJual pro tdt'<l or u hy h I . ORDINANCE NO. SERIES OF 1983 • • .. BY AUTHORITY A BILL FOR 1f COUNCIL BILL NO. 63 INTRODUCE&;~y COUNCIL MEMBER ·-----~,~~~------- AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1984 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE- CLARING AN EMERGENCY. WHEREAS, it is the duty of the City council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1983, due and payable in 1984; and WHEREAS, the City Council has duly considered the esti- mated valuation of all of the taxable property within the City and the needs of the City for each of said levies and has determined that the levies, as hereinafter set forth, are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That there be and hereby is levied for the year 1983, due and payable as required by Statutes in the year 1984, a tax of 5.694 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.496 mills on the dollar for the Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall b levi d upon each dollar of the assessed valuation of all taxable property with - in the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified as required by la w. Section 2. That under the author! y of Part 8, Article 25, Titl 31 , of the Colorado Revised Statutes, 1973, as amended, th re be and hereby is levied for the year 1983, due and payable s required by law in 1984 , a tax of 4.634 mills on h dollar tor the use nd benefit of the Englewood Colorado Downtown D velopment Author! y. That th levy hereinabove set forth shall b levied upon ach dollar of the a sessed valuation o all taxable prop rty with - in the Engl wood Colorado Down own Developm nt Dis rict, nd h said levy shall b cer itied as required by law. • • • , • • • .. • -2- Section 3. That City Council finds and determines that an emer- gency exists in that funds for municipal operations are necessary and passage of this ordinance is necessary for the immediate pre- servation of public property, health, peace and safety, and said ordinance shall become effective immediately following final pas- sage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the day of , 1983. Published as a Bill for an Ordinance on the -------------------' 1983. Eugene L. Otis, Mayor ATTEST: ex officio city Clerk-Treasurer day of 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 co•plete copy of the bill for an ordinance passed on first reading and published in full. • I . ' C 0 U N C I L DATE November 3 , 1983 INITIATED BY • • ,. • C 0 M M U N I C A T I 0 N AGENDA ITEM 1 Ci ty Manager SUBJECT 1984 Compen sation Plans f or Non-Bargaining Unit Employees ACT! ON PROPOSED ___ A_:_do.:.;p~tl._· o.:.;n~o.:.;f_th_:_e:;,_:R.;.:e:.:s:.:o:.:l:.:u:.:t:.:i:.:o..:..n:::s_:e.:.s..:tab=.:.l.:.i.:.s:.:h::.in:.:g=--th=e~c::.o::.m::!p:.:e:.:n:.:s:.:a:...:t:.:i:.:o:.:.n~ plans for the managerial and supervisory employees in the Police , Fire and Gen eral Services Departments and for the Confidential Secretaries. BACKGROUND The City Council is responsible for establishing the salary and fringe benefit level for all employees not covered under the collective bargaining provisions of the City Charter. This compensation plan is adopted on an annual basis by the Ci y Council through a Resolution. Ov r th last several months, staff has h d numerous discussions on this subj ct and 11 th department heads have solicited input from their manag rial, supervisory and confid ntial secretarial employees on what should be included in the plan. l. 2. •• 5 . as discuss d with th City Council a nd1ng a co nsation plan for these th budg t retr at, h administra ion m loy es hat includes th follow:~.ng: d)ustm nt effective J nu ry 1, 19 4. continue 100 funding for h al h and den al 1nsurance re to be IliAd available baa d ge nd on a voluntary on -lf h di terenc pay or a 15 incr ae n acting capacity for be elig1.ble for cting thre w eks to w 4. h followin sch ule or n • or I • II • RECOMMENDATION 0 -4 years 5-9 years 10+ years -2- • • • 90 days 135 days 180 days That the City Council adopt the attached Resolutions establishing the compensation plans for the managerial, supervisory and confidential secretarial positions. SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT I • • • RESOLUTION NO. ~ SERIES of 1983 • • • A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, by Charter Amendment effective April 13, 1981, provided for the establishment of managerial and supervisory employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish managerial and supervisory employees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsible government to Englewood citizens; and WHEREAS, by virtue of supervisory or •anagerial duties assigned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are .. nagerial or supervisory and as such are therefore excluded from ~bership, participation and/or respresentat1qp in any colect1vely bargained employee relations system of the City of Englewood; and WHEREAS, the City of Enalewood desires to establish and •aintain a sound and beneficial employment syste• to benefit the City and managerial and supervisory eaployees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That there is hereby established the followin& syste• of benefits for the .. nagerial and supervisory employees of the Police Depart•ent of the City of Englewood: I • • • • .. COMPENSATION PLAN FOR THE POLICE DEPARTMENT'S MANAGERIAL/SUPERVISORY POSITIONS The following Police Department's positions are covered by this Resolution: Captains Lieutenants Sergeants ARTICLE 1. HOURS OF WORK Employees covered by this Resolution are expected to work the hours necessary to achieve efficient transaction of business, which, in most instances, will exceed an average of 40 hours of work per week. ARTICLE 2 . ACTING PAY All acting positions, excluding acting position at the department head level, wi ll be co.pensated at one-half the difference between the employee's actual cl assification and that in which he is acting or 151 of the employee's present sal ary, whichever ia greater, as approved by the City Manager. The emp l oye e must be in the position for a period of thirty (30) consecutive ca l endar days before said e.p l oyee becomes eligible for acting position compensat i on. Such pay wi ll be retroactive to the first day said e.ployee assumes the r e spons i bilities of the po sition. ARTICLE 3. LO NGE VIT Y Effective January 1 , 19 82 , long e vi ty co.pensation will no long er be accrued for any employees covered by this Resolution. However , fo r those employees r ceivina lonaevity oo~enaation prior to January 1, 1982 , they shell continue to receive aaid co.penaation at their prea nt rate per .onth. E ployees with less then five years of continuous service with the City a s of Jan uary 1 , 1982 will not be eligible for longe vity oo .pensation et eny ti•e. For those eligible employe s, the ount of longevity compensation shell be co mp uted fro• the followtna schedule: • I • • - Page 2 Years of Continuous Service As • • • of 1/1/82 Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. 10-14 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those 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 co~leted continous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an a•ount equal to $12 for each full month of co~leted continuous service after completion of 20 years of continuous service up to December 1. ARTICLE 4. ANNUAL LEAVE A. Employees hired prior to December 31, 1983 and covered by this Resolution shall accumulate annual leave monthly at the following rates: Length of Service 0-9 10 nd above Hours per Month 10 13.33 Hours per Year 120 160 The max1.u accumulation or annual leave shall be as follows: L nath of Service 0-9 10 and above • I • • • • • Page 3 New employees hired January 1, 1984 and thereafter sha ll accumulate annua l leave at the following rates. Length Hours Hours of Service per Month per Year 0-4 8 96 5-9 10 12 0 10 and above 13.33 160 The maximum accumulation of annual leave shall be as fol l ows: Length of Service 0-4 5-9 10 and above 192 240 320 B. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authorized by the Chief. In order to qualify for annual leave credit during the month, the emp l oyee must have worked for at least one-hal f (1/2 ) of the working days o f that month excluding authorized paid leave. c. Annual leave shall neither be authorized nor c omputed for any purpo se after the maximum accumulation has been reached. The schedu l e for use o f annua l l eav e shall be determined by the needs of the department. Annua l leave shall be taken at a time convenient to and approved by the Chief of Po l ice. Emp l oyees shal l not l ose accu.ulated annual leave after the maximum has been reached i f the emp l oyee has requested use of annual leave prior to maximum accu.u l at i on, and has been denied use o f annua l l eave. The r ate or annua l leave pay shall be the employee's resu lar s trai ght t i me ho ur ly rate of pa y fo r the eap l oyee's regular job and charged on a wor kin & hour basis , e xcludin& holidays an d resu l ar days off. Annua l leave shall be allowed only to the total ho ur ly amo un t a c cumu l ated a t the be&inning of the leave , as verified by the Chief of Police . Emp loye e s may r eceive their annua l l eave pay no ear l ier than three (3) da ys pr ior to t he star t of their annua l l eave, prov i ded the ployee makes a written request to their supervisor fifte n (15) ca l endar days prior to the start or their annual leave. Work Durin& Annual Leave If after the emplo yee has besun their annual leave and the City requires the employee to work durin& the scheduled annual leave period, the e.ployee shall not be charged any vacation ti•e for t he numb er of houra worked. There shall be a one ~eek •inimua on u e of a nnual leave ti• , unless otherwise authorized by the Chief of Police or his deai a na ted repres ntative. I • • • • • • Page II 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. How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. ARTICLE 5. PERSONAL LEAVE Beginning January 1, 19811, all employees covered by this Resolution on an eight (8) hour shift shall be granted 118 personal leave hours with pay and those on a ten (10) hour shift shall be granted 50 personal leave hours with pay which an employee is entitled to use for the following purposes: A. Tiae lost as a result of illness/injury to the employee or the employee's im.ediate f .. ily. B. Attend personal business. C. Leisure time. For any employee who has not used the 118 or 50 personal leave hours ending November 30 of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid during the month of December of that year. Personal leave tiae shall not exceed the 48 or 50 hours as designated above nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and adainistered under the direction of the Chief of Police for personal business and leisure time. In the e vent of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other person desi&nated by the supervisor at least one (1) hour prior to their scheduled reporting time. ARTICLE 6. DIS ABILITY -TEMPORARY (NO N JOB RELATED) Definition Teaporary disability ia leave &ranted for non-service connected injury or illness of an employee which disability prevents the employee fro• perforain& his/her duties as a City employe • Provision January 1, 1984, the City a&rees to provide temporary diaability leave with pay for employee absent as a reault of illneaa/injury at the rate of 100 1 of the employee's recular wa e up to 180 calendar daya of disability, Teaporary disability leave ahall not be accu.ulative except that on J nu ry of eac h year the City ahall reatore 100 1 or the number of daya uaed by n aploy durin& the prec e din& year up to a aaxl.ua of 90 daya • • I • • , • • .. .. Page 5 For new employees hired as of January 1, 1984, and thereafter, and covered by the terms of this agreement, the City agrees to provide said employees tempo- rary 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 90 days 135 days 180 days For new employees hired as of January 1, 1984, and thereafter, temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 1001 of the number of days used by an employee during the preceeding year as follows: Ut i lization 0-4 years 5-9 years 10+ years up to a maximum of 45 days up to a maximum of 68 days up to a maximum of 90 day s A. Authorization for temporary disabil i ty leave with pay shall only be granted after the first day of d i sability. B. Authorization for temporary disability shall on ly be granted f or the f o llowing reasons: Sick Leave 1. Personal i l lness or injury not service c onnected, including maternity. All sick leave accrued by permanent eapl oye e s pr i or to January 1 , 1980 sha ll ve s t wi th the emp l oyee , and may be used i n the foll ow i ng man ner: A. Af ter t he 180 d a ys a s d e s c r i bed abov e hav e b e en us e d unl e ss the employee is entitled f or r e t i r em en t as a result or d i sabi lity . B. By cas hing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement or separation from the City at the rate or one hour's pay for each two hours or accrued sick leave. c. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate or four <•> hours sick leave for one (1) hour pay, not to exceed a conversion or •ore than qoo hours each year. Reporting of Te•porary Disability The employee or a m mb r or the a.ploy ee's household shall notify t~e mployee's supervisor at least 30 •inutes prior to the e.ployee's scheduled reporting time. No temporary disability leav e will be granted to an employe who fails to notify their supervisor prior to the be&inn1n& or the mployee'a work schedule unless circumstances beyond the control or the mploye uld not p rm1t. • I • -• • - Page 6 Verification of Disability If the Police Chief requires a physician's statement of disability, t he City shall bear the cost of such physician's statement. Abuse of Temporary Disability Abuse of temporary disability occurs 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. ARTICLE 7. 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 ful l 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 emp loyee as disability wages under workmen's compensation. The City reserves the right to require any employee on injury or d is ability 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 or the retirement/pension provisions as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 2q hours of the injury or before the employee leaves their department of employment. ARTICLE 8. MILITARY LEAVE A. Any permanent or probationary ~loyee who enlists or is inducted into the military, naval, air or other ar111ed services of the United States in ti•e of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whi chever occurs first, and for one (1) year thereafter. B. Any ployee who shall be a 111 .. ber of the National Guard or any other component of the military forces of the state, no w or hereafter orcanized or constituted under the sta e or federal 1 w, or who hall be a aember of the reserve forces of the United Stat a, n or h reafter ora ized or eonst1tu d under federal law, shall be entitled to leave of aba no fro• hla ployaen without loss of pay, seniority, status, efficiency retina, v8Qation, sick leave or other benefits for all the t1•e en he is enaa ed with such organization or co111ponent in training or active s rvlce ord red or authorized by proper uthority pursuant to law, wh th r for sta e or federal purposes, but not exo edin fift n (15) days in any calendar year. Such leave hall b allow d in cas th r ulred 111ilitary service is satisfactorily p rfor• d, which shall b r au.ed unle 1 the contrary la established. C. Such leave shall not be all d u 1 as the loy returna o hia public poa1 ion i diately upon b in& rell ved fro uoh •111t ry a rvioe nd no later than th expiration of t tl• h rain llai ed for uoh 1 av , unl a • I • • • • .. Page 7 he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. ARTICLE 9. FUNERAL LEAVE The Chief of Police 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, grand- parents, brothers and sisters of the employee or of the emplcyee's spouse. Annual leave may be granted by the Chief of Police if additional time off is deemed appropriate. AR TI CLE 10 . JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on j ury duty or as a witness in his official capacity in obedience to a subpoena or direction by legal au thority. He shall be entitled to the difference between his regular compen- s ation and the fees received for jury duty or as a witness. When he is subpoenaed in pr i vate litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave, persona l leave or leav e without pay. ARTICLE 11. HOLI DAY S A. Th e follow ing da ys sha ll be c ons i dered o f f ic i al holidays by t he City: 1 . Mew Year's Da y: January 1. 2. Wa s hington's Bi rthday : the t hird Mond ay i n February. ). Memorial Day: the las t Mond a y in May . 4. Indep nd nee Day: Jul y 4. 5 . Labor Day: the first Mo nday in September. 6. Veteran's Day: Move.b r 11. 7 . Thankaaivina Day: the fourth Thursday in Nove.ber. 8 . Fourth Friday of Nov ber followin& Thanksgiving Day. 9. Christ•as Eve: Dec mber 2-. 10. Chr1at•as Day: D cemb r 25. 11. M w Year'a Eve: Dec mber 31 . 8. Any loy c ov red by thit Re olut1on wh o doea not perfor• duty c ul ed on the rkin daya t .. ediately prior to and followtna a holiday shall no r ce1ve pay f o r th holtdey unle s otherwise authorized by the Chief or Pollee, I • • • • Page 8 c. Employees required to work on an official City holiday may receive equivalent time off or pay at the discretion of the Chief of Police. 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 and/or Chief of Police determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE 12. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the e•ployee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms. ARTICLE 13. TUITION REFUND Upon recommendation of the Chief of Police and after prior approval of the City Manager, the City of Englewood may reimburse an e•ployee for satisfactory completion of atte~ted course work of grade C or above for undergraduate and graduate classes at 701 of private institution tuition rates. This incl udes reimbursement 1t 1001 for the cost of required tuition texts. Employees shal l be required to enter into 1 written egreement stipuleting continued employment if the e.ployee eccepts tuition reimbursement for the following schedule of setisfectorll y completed credits or reimbursement to the City on 1 pro-rete bea l s. Number of Credits Coepleted 12 or l ess 13 -30 31 -60 61 -120 121 end ebove ARTICLE 1~. LIFE I NSUR AN CE Len&th of Requ i red Continued E!lf)lOY!ent 6 months 1 yeer 1 1/2 yeers 2 yeer s 3 yeer s Term life insurence will be provld d by the City for eaployees covered by this Resolution or $35,000 for eech a.ployee . A conversion privile&e upon retir .. ent of 50 1 covereae peyeble by the loyee will be mede evaileble by the City for aeid retired eeployee. ARTICLE 15. DE NTAL I NSUR AN C Durin& the life of thi Re olu ton, the City shall p y 100 1 of the pr lu. coat for the City d ntel 1naurence pl or oth r plen ioh ey b selected by th Ct y 1 a aub itu e for th City d ntel pl n for each ein&le end d p nd policy holder. • • • , -• • • Page 9 Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 16. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 1001 of the 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. 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 50S of the cost of coverage of the conversion plan up to a maximum of $75.00 per month. ARTICLE 17. HEALTH EXAMINATION Employees covered by this Resolution shall be eligible on a voluntary basis for a City paid health examination conducted by the City's physician. The schedule for ex .. inations shall be determined by the individual employee's age as follows: Before age 11 0 Between ages qo-50 After age 50 AR TICLE 18 . LAY OFF -once every 3 years -every 2 years -once every year A. Wh ene ver there is lack of work, l ac k of fun ds, o r und er conditions where it is deter•ined that continued work wou ld be inefficient or non-productive , r quirin reductions in the number of e mp loyees , the a ppointina authority shall desianate the depart•ent and positions in wh ich the layoff is to be • de. Upon such deter inationa , the required numb er of e •ploye s in the affected depart•ent and position shall be placed on a recall list or transf r r ed by the appointina authority, each in order of this relative leng th and quality of aervlee as ho by the personnel r cords. B. Employees on l ayoff shall be r c a lled in t h o r der of relativ l nath and quality of aerv1ce as shown by the personn el recorda provided tha those r called have the d onatrated ability a nd a •e qu alifications to p rfor• the available rk a deter•ined by the City . The recall list shall t r•ina e after one ( 1) year. • I • • - • • • • Page 10 ARTICLE 19. 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 duti e s of the City, settlement of an estate, child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During a period 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 Chief of Police. The request shall indicate the reason the leave of absence is being requested and the approximate len gth of leave time requested. Consideration of Leave Request The Chief of Police may either grant or deny leave requests, taking into consideration the department's work f orce , work load and the employee's request. Failure to Return If en employee fails to return by the date of leave expiration , the e~loyee shell be considered to have voluntarily resigned from the service of the City. ARTI CLE 20 . DISPUTE RESOLUTION In the event there is any dispute concerning the interpretation or appli- cation of these or any other benefits either wr itten, implied or practiced , said dispute will be aub•itted for resolution through the dispute resolution procedure 11 provided for and ed inistered by the City Menager and his/her designeted re- presentative. ARTICL 2\. OVERTIME PAY Overt1• shall be d lnistered pursu nt to departaental policy. ARTICL 22. WAC P OVISIO E ployaas cov r d by this solution will racaiva 1 w111 edjuat•ent inoraeea of .7Sl arr otiva Janu ry 1, 198-. • I • • • • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. Otis, Mayor Attest: 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 COIIPlete copy of Resolution Mo. __ , Series of 1983. Gary R. Higbee • • RESOLUTION NO. ~ SERIES of 1983 • • • A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, by Charter Amendment effective April 13, 1981, provided for the establishment of managerial and supervisory employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish managerial and supervisory employees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsible government to Englewood citizens; and WHEREAS, by virtue of supervisory or •anagerial duties assigned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are .. naaerial or supervisory and as such are therefore excluded fro• ... bership, participation and/or respresentation in any colectively bargained employee relations system of the City of Englewood; and WHEREAS, the City of Enalewood desires to establish and •aintain a sound and beneficial employment syste• to benefit the City and managerial and supervisory employees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That there is hereby established the followina syste• of benefits for the .. nagerial and supervisory employees of the Police Depart•ent of the City or Englewood: • I . • • • COMPENSATION PLAN FOR THE POLICE DEPARTMENT'S MANAGERIAL/SUPERVISORY POSITIONS The following Police Department's positions are covered by this Resolution: Captains Lieutenants Sergeants ARTICLE 1. HOURS OF WORK Employees covered by this Resolution are expected to work the hours necessary to achieve efficient transaction of business, which, in most instances, will exceed an average of 40 hours of work per week. ARTICLE 2. ACTING PAY All acting positions, excluding acting position at the department head level, will be co~ensated at one-half the difference between the employee's actual classification and that in which he is acting or 151 of the eaployee's present salary, whichever is greater, as approved by the City Manager. The employee must be in the position for a period of thirty (30) consecutive calendar days before said .-ployee beco.es eligible for acting position co~ensation. Such pay will be retroactive to the first day said e~loyee assumes the responsibilities of the position. ARTICLE 3. LO GEVITT Effective January 1, 1982, longevity co~ensatton will no longer be accru d for ny loyees covered by this leaolution. However, for those eeployees reoelving longevity co~enaa ion prior to January 1, 1982, they ahall continu to r ce1ve aald co~ensation at their prea nt rate per .anth. E•ploye s with leaa th n tive years of continuous service with the City IS of January 1, 1982 will not b eligible for longevity co~enaatlon It any t1••· For tho e el1&1ble eeploye a, the .. ount of lona vity co~ensation shall be co~uted fro• the following toh dule: • I • • , Page 2 Years of Continuous Service As • • • of 1/1/82 Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. 10-14 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $1q4 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equa l to $12 for each full month of completed continous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which e.ployee shall receive $q32 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. ARTI CLE q. ANNUAL LEAVE A. Employees hired prior to December 31, 1983 and covered by this Resolution s ha ll ac c uaulate annua l l eave ~thly at the f ollowln& rates: Len a th of Service 0-9 10 end ebove Hours pe r Mont h 10 13.33 Hours er leer 120 160 The aaxl.u accumulation of annual leave ahell be as follows: Len th of Service 0-9 10 nd above • • • • Page 3 New employees hired January 1, 198q and thereafter shall accumulate annual leave at the following rates. Length Hours Hours of Service per Month per Year o-q 8 96 5-9 10 12 0 10 and above 13.33 160 The maximum accumulation of annual leave shall be as follows: Lenath of Service 0-11 5-9 10 and above Hours 192 2110 320 B. Annual leave shall not be aranted to any employee unti l after completion of twelve (12) .anths consecutive service with the City unless otherwise authorized by the Ch i ef. In order to qualify for annual leave credit during the month, the emp l oyee must have work e d for at l east one-ha l f (1/2) of the working day s o f that month ex cluding authorized paid leave. C. Annual l eave shall neither be authorized nor co mp uted for any purpose after the maximum accumulation has been reached. The schedu l e for use of annua l l eave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Chief of Police. Eaployees shall not lose ao cuaulated annual leave after the •axi.u• has been reached if the e~loyee has requested use of annual leave prior to •axiaua accuaulation, and has been denied use of annua l leave. Annua l Leave Pay The rate of annua l l eave pay shall be t he eap l oye e 'a r eau l ar stra i gh t tia e h our l y rate o r pay fo r the e.pl oyee's re&u l ar j ob and c haraed on a work in ho ur ba s is , e xclud i n& holidays and reaul ar day s o r r . Annua l leave sha ll be allow d only to the total ho ur ly .. ount acc uau l at ed at the be ainnin & or the leave , as verified by the Chief of Police. Eeployees a ay r ceive their annual leave pay no earlier than three (3) days prior to the start or their annual leave, provided the eaployee aakas a written request to their auperviaor fifte n (15) calendar days prior to the atart or their annual leave. Work Durin ave If art r the loyaa has beaun their nnual leave nd the City re ulres the eaployee to rk durin& the scheduled nnual leave p riod, th eaploya ahall no be char& d ny v cation tlaa for the nuab r or hour rk d • • Th ra hall authorl d by th 1 ona w k •1n1au. on u tar or Po11ca or hla d or nnu 1 1 t&n t d r pr • va tt• , nta iva • nl • 0 r wla • • • .. Page 4 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. How Charged Annual leave for employees shall be charged on a working hour basis excluding regular days off. ARTICLE 5. PERSONAL LEAVE Beginning January 1, 1984, all employees covered by this Resolution on an eight (8) hour shift shall be granted 48 personal leave hours with pay and those on a ten (10) hour shift shall be granted 50 personal leave hours with pay which an employee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the employee or the employee's ia.ediate family. B. Attend personal business. c. Leisure time. For any e.ployee who has not used the 48 or 50 personal leave hours ending November 30 of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid during the month of Deceaber of that year. Personal leave time shall not exceed the q8 or 50 hours as deaianated above nor shall it be accu.ulated or carried over from one year to the next. Personal leave shall be scheduled and adainistered under the direction of the Chief of Police for personal business and leisure time. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other person desianated by the supervisor at least one (1) hour prior to their scheduled reporting tiae. ARTICLE 6. DISABILITY -TEHPO ARY (NON JOB RELATED) Definition T Provision dla bility 1a le1v1 &r nted for non-a rvioe connected injury or loyee 1ch dl 1bllity prev nta the e.ployee fro• perforaln& a a City employee. r a to provide temporary diaability le1ve with a a r ult or illn sa/injury at the rate of 100 1 of e up o 1 cal nd r daya of disability. 11 not b ocu.ulative ao pt tha on J nuary 1001 or the nu. r or d ya ua d by n aploy •1 or 90 day • I • • • • . . • Page 5 For new employees hired as of January 1, 1984, and thereafter, and covered by the terms of this agreement, the City agrees to provide said employees tempo- rary disability leave with pay for employees absent as a result of illness/injury as follows: 0-4 years 5-9 years 10• years 90 days 135 days 180 days For new employees hired as of 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 J 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 45 days up to a maximum of 68 days up to a maximum of 90 days Utilization A. Authorization for temporary disability leave with pay shall only be granted after the first day of disability. B. Authorization for temporary disability shall only be granted for the following reasons: Sick Leave 1. Personal illness or injury not service connected, including maternity. All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 180 days as described above have been used unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous pl an upon normal or disability retirement or separation from the City at the rate of one hour's pay for each two hours of accrued sick leave. C. By cashin& in accrued sick leave under the previous plan, once each year at the conversion rate of four (~) hours aick leave for one (1) hour pay, not to exceed a conversion of aore than ~00 houra each year. Reportina of Teaporary Disability The ployee or a aeMber of the employ e's household shall notify the employee'• aupervisor at least 30 minutes prior to the employee's scheduled reportina tiae. Mo te porary diaability leave will be aranted to an employee who fails to notify their supervisor prior to the be&innina of the employee's work achedule unless circumstances beyond the control of the e pl oyee would not p rait. I • • • • .. Page 6 Verification of Disability If the Police Chief requires a physician's statement of disability, the City shall bear the cost of such physician's statement. Abuse of Temporary Disability Abuse of temporary disability occurs 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. ARTICLE 7. 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 wages 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 or the retirement/pension provisions as prov ided under State St atute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves the ir department of employment. ARTICLE 6. MILITARY LEAVE A. Any permanent or probationary e.ployee Who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a lea ve of absence without pay for the duration of such war or until honorably discharged, wh ichever occurs fi rst, and for one (1) year thereafter. B. Any e.ployee who shall be a member of the National Guard or any other component of the military forces of the state, no w or hereafter organized or constituted under the state or federal law, or who shall be a m ber of the reserve fore a of the United States, now or hereafter organized or constituted under federal 1 w, shall be entitled to leave of absence fro• hi e ployment without loss of pay, seniority, status, efficiency rating, vacation, sick 1 ave or other benefits for all the ti•e when he is enga ed with such organization or component in trainin& or active service ord red or authorized by proper authority pursuant to 1 , whether for state or federal purposes, but not exce ding fifteen (15) days in any cal ndar year. Such leave hall b allowed in case th required ailitary service is att ractorily p rrorm d, which shall b presuaed unless th oontrery is eatabli hed, C. SUch leave hall not be all d unl 11 th ployee re urns to his public poai ton 1• dta ely upon be1n& relieved fro uoh ailitary a rv1oe nd no la r than h expiration or th i• h rein liaited for such 1 ave, unleaa • I • • • • Page 7 he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. ARTICLE 9. FUNERAL LEAVE The Chief of Police 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, grand- parents, brothers and sisters of the employee or of the employee's spouse. Annual leave may be granted by the Chief of Police if additional time off is deemed appropriate. ARTICLE 10. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in h i s official capac i ty in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between his regular c ompen- sat i on and the fees received for j ury duty or as a witness. When he i s subpoenaed i n private l itigation to testify, not in his official capacity but as an indiv i dua l , the time absent by reasons thereof shall be taken as annual leave, persona l l eave o r l eave without pay. ARTICLE 11. HOL I DAY S A. The foll ow ing d a ys shall be c ons i dered officia l holidays by t he City: 1 . New Year 's Da y: January 1 . 2. Wa s hington 's Bi rthd a y : the third Monday i n February , 3. Memo r ial Day : the last Mo nday in Hay. ~. Indep ndence Day: July 4. 5. Labor Day: the first Monday in September. 6. Vet ran•a Day: Nov ber 11. 7. Thanks iving Day: the fourth Thursday in November. 8. Four h Friday of Nov ber following Thanksgiving Day. 9. Chriataaa Eve: Deoeab r 2 • 10. Christaa Day: December 25. 11. New Y ar•s Eve: Dec aber 31. B. Any eaploy covered by thia Resolution wh o does not perrora duty scheduled on the rkln& days lam d1ate1y prior to and followin& a holiday shall not receive pay for th holiday unle s otherwise 1uthorited by the Chief or Pollee. I • • • • •' • Page 8 C. Employees required to work on an official City holiday may receive equivalent time off or pay at the discretion of the Chief of Police. 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 and/or Chief of Police determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. ARTICLE 12. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms. ARTICLE 13. TUITION REFUND Upon recommendation of the Chief of Police and after prior approval of the City Manager, the City of Englewood may reimburse an employee for satisfactory completion of attempted course work of grade C or above for undergraduate and graduate classes at 70 J of private institution tuition rates. This includes reimbursement at 100J for the cost of required tuition texts. Employees shall be required to enter into a written agreement stipulating continued employment if the employee accepts tuition rei•bursement for the following schedule of satisfactorily completed credits or reimbursement to the City on a pro-rata basis. Nu•ber of Credits Completed 12 or less 13 -30 31-60 61-120 121 and above ARTICLE 1.. LIFE I SUR A C! Length of Required Continued Emplor-ent 6 months 1 year 1 1/2 years 2 years 3 years Ter life in ur no will be provided by the City for ployeea co vered by this Resolution of * ,000 for e ch employe • A conversion pr1v11eae upon retlr n of SO J cov r e payable by the e.ployee wi ll be ade available by the City for said re lr d mployee. ARTICL 1S. D TAL I Durin th life or this elution, the City hall p y 100 1 or the pra•ium coat for • City d n al 1nsur nee plan or oth r plan ich y aelect d by t Ci y a u itu ror th City d ntal pl n for each ainal• nd d p nd pollcy old r, • • • • .. Page 9 Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 16. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 100S of the 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. 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 50S of the cost of coverage of the conversion plan up to a maximum of $7 5 .00 per month. ARTI CLE 17 . HEALTH EXAMINATION Employees covered by this Resolution sha ll be eligible on a vo luntary basis for a City paid health examination conducted by the City's physician. The schedule for examinations shall be determined by the individual employee's age as follows: Before age 40 Between ages 40-50 After age 50 ARTICLE 18. LAYOFF -once every 3 years -every 2 years -once every year A. Wh enever there is lack of wor k, lack of funds, or under conditions where it is determined that continued work would be inefficient or non-productive, requiring reductions in the number of employees, the appointing authority shall d sianate the department and positions in which th layoff is to be • d • Upon such determinations, the required number of eaployees in the aff cted d part• nt and position shall be placed on a recall list or transferred by the appointina authority, each in order of this relative length and quality of service es sho by th personnel records. B. Employees on layoff shall be recalled in the order of relative length and quality of a rvice a ahown by the personnel records provided that those recalled have the deaonstrated ability end sem quelificetions to perrora the evaileble work as deterained by the City. The recell list shall t rainate after one (1) year. I • • { ( • • • . . • Page 10 ARTICLE 19. 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 care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During a period 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 Chief of Police. The request shall indicate the reason the leave of absence i s being requested and the approx i mate length of l eave t i me requested. Cons i deration of Leave Request Th e Ch i ef of Po lice ma y either grant or deny leave requests, taki ng i nto cons i deration the departm ent's work fo r c e, work load and the emp l oyee's request. Failure to Return If an emp l oyee fails to ret ur n by the date of l eav e e xp i rat i on, the emp l oy ee shal l be cons i dered to ha ve voluntar ily r esi gn ed from the service o f t he Ci ty. ARTI CLE 20 . DISPUTE RESOLUTIO N I n the e vent there is any d ispute concer ning the interpretation or app li- cation of these o r any other be nefits either wr itten, implied or practiced, sai d disput e will be submitted for resolution throug h the dis pu te resol ut ion procedure as provided for and edainistered by the City Manager end his/her designated re- presentetive. ARTICLE 21. OVERTIME PAY Overtime shall b 1d inistered pursuant to depart ental policy. ARTICLE 22. WA GE PROVI SIO Employees covered by thi of 5.75 S effective Januery 1, eaolution will receive a wa e adjustment 1ncreaae 811. I - • • • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. Otis, Mayor Attest: 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 • , I • • - • RESOLUTION NO. SERIES OF 1983 &I •' • • • A RESOLUTION FOR A COMPENSATION PLAN FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Charter Amendment effective April 13, 1981 provided for the establis~ent of managerial and supervisory within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish managerial and supervisory e.ployees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsible govern•ent to Englewood citizens; and WHEREAS, by virtue of supervisory or managerial duties assigned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are managerial or supervisory and as such are therefore excluded from membership, participation and/or representation in any collectively bargained employee relations system of the City of Englewood; and WHEREAS, the City of Englewood desires to establish and maintain a sound and beneficial employment system to benefit the City and managerial and supervisory employees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That there is hereby established the followin& syste• of wa&e and benefits for the managerial and supervisory employees of the Fire Department of the City of Englewood: • I • • • • .. COMPENSATION PLAN FOR THE FIRE DEPARTMENT'S MANAGERIAL AND SUPERVISORY POSITIONS The following Fire Department's positions shall be represented by this Resolution: Administrative Battalion Chief Line Battalion Chief Captain ARTICLE 1. HOURS OF WORK Employees of this Resolution are expected to work the hours necessary t o achieve efficient transaction of business which in most instances will exceed an average of 40 and 56 hours of work per week. ARTICLE 2. ACTING PAY All acting positions will be compensated at one-half the difference between the employee's actual classification and that in which he is acting or 15J of the emp l oyee's present sal ary, whichever is greater, as approved by the appoin t ing authority, name l y the Ci t y Manager. The employee must be in the position for a period of thirty (30 ) consecutive calendar days or six (6) consecutive shifts before said employee be comes eligible for acting position compensation. Such pay wi ll be retroacti ve t o the f irst day said emp l oyee assumes the responsibi lity of the pos i tion. AR TICLE 3. ANN UAL LE AV E A. Shift work mploy a shall b entitled to seven and one -half (7 1/2) ahifts or annual leave tech yeer. Annuel leeve for seid e•ployees hevin g less than t n (10) years or continuou service shall accu.ulate at the rat e or fifte n (15) hours for each •onth of active service and the ma ximu accu.ulation shall be fifte n (15) shifts. In order to qualify for ann ual leave credit durin g the month , thee ployee .ust have rked at 1 ast one -half (1/2) of the work i n& da ys of that month e xcludina authorited paid l a ve . Afte r ten (10) yea rs of continuous service , shift wo rk eaploy es shall r ceive nine and one-ha lf (9 1/2) h ift a of leave for each year. Annuel leeve hall ace ulete et the r ate o f ninet een (19) hours or ennual leeve per 10nth of active aervic with a ••xi.u eo cuau lation of ennual leeve to b nine en (19) shifts. • I • • ( ( • • .. Page 2 B. All employees covered by this Resolution who are assigned to non-shi f t work shall be entitled to fifteen (15) days of annual leave each year. Annua l l eave shall accumulate monthly at the rate of one and one-fourth (1 1/4) days per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (1/2) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he has been in the employ of the City for at least one (1) year unless otherwise authorized by the Fire Chief. For those employees having less than ten (10) years of continuous service, the maximum accumulation of annual leave shall be thirty (30) days. After ten (10) years of continuous service, non-shift work employees shall be entitled to eighteen (18) days of annual leave each year. Annual leave shall accumulate at the rate of one and one-half (1 1/2) days of annual leave per month of active service. Said maximum accumulation shall be forty (40) days. c. Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum accumulations of said leave have been reached. Employees shall not lose accumulated leave after the maximum has been reached, if the employee has requested use of leave prior to maximum accumulation and has been denied use of leave. D. Use -the schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Fire Chief. E. Annua l Leave Pay -the rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding regular days off. Annua l leave shall be allowed only to the total hourly amount accumulated at the beginn in g of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay, provided the employee makes a written request to thei r supervisor and approved by the Fire Chief fifteen (15) calendar days prior to the start of thei r annual leave . F . Minimum Usage-there shall be a one (1) shift minimum use of annua l leave time for shift workers. G. Annua l Leave Pay Upon Se paration -any employee who is separated from the service of the City , i.e., retirement, termination or layof f , shall be compensated for the unused annual leave time accumulated at the time of separation. H. How Charged -annual leave for shift work employees shall be charged on a twenty-four (2-) hour basis excluding regular days off and for non-shift work mployees shall be charged on an hour for hour basis excluding regular days off. ARTI CLE q• PERSONAL LEAVE Effective January 1, 198q, all shift work employees covered by this Resolution shall be granted 96 hours of personal leave time with pay and all non-shift work e ployees shall be aranted q5 hours of personal leave time with pay which an mployee is nt1tled to use for the following purposes: • I • • ( • • • • Page 3 A. Time lost as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. c. Leisure time. For any shift work or non-shift work employee who has not used the 96 or 48 hours, respectively, of personal leave time ending December 31 of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid the first pay period in January o~ each succeeding year. Personal leave time shall not exceed 96 or 48 hours respectively, nor shall it be accumulated and administered under the direction of the Fire Chief or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting time. Personal leave shall be prorated for employees beginning and terminating employment with the City during the calendar year. ARTICLE 5. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected in j ury or i l l ness of an employee which disability prevents the employee from performing his /her duties as a Ci ty employee. For new employees h i red January 1, 1984, and thereafter, and covered by the terms of this agreement, the City agrees to provide sa i d employees temporary d i sability l eave with pay f or emp loyees absent a s a res u l t o f i l l ness i n j ury as fo llows: Provision 0 -4 years 5-9 years 10 + years 90 days or 30 shifts 135 days or 45 shifts 180 days or 60 shifts January 1 , 1984, the City agrees to pro vide temp orar y disability leave with pay for employees aba nt as a result of illness/injury at the rate of 100 1 of the employee's regular wage up to 180 calendar da ys/60 shifts. For new mployees hired January 1, 1984 , and thereafter, temporary disability leave shall not by accumulative except that on Jan uary 1 of each year the City shall restore 100 1 of the nu.ber of days used by an employee during the preceeding year as follows: 0-4 yura up to 1 maxim um of 45 day/15 ahifta 5-9 yeara up to a maximum of 68 day/23 shift a 10+ year a up to a max111Um of 90 day /30 shift a Ut111lat1on A. Authoriut1on for temporary disability leave with pay shall only ba arant d af er th first day/shift of diaab1lity. • I • • ( • • .. Page 4 B. Authorization for temporary disability shall only be granted for the following reasons: 1. Illness or injury of the employee not service connected, including maternity. Sick Leave Option All sick leave accrued by employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 180 days or 30 shifts as described above, have been used, unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement or separation from the City at the rate of one (1) hour's pay for each two (2) hours of accrued sick leave at the employee's regular rate. c. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than four hundred (400) hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor at least thirty (30) minutes prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless otherwise authorized by the employee's supervisor or Fire Chief. Verification of Disability An attending physician's statement will not be necessary until after one (1) shift or day of disability, except when required by the Fire Chief. If the Chief requires the employee to see a physician, the City will pay the cost of such examination and/or office visit. Abuse of Temporary Disability Abuse of t mporary disability occurs when an mployee misrepresents th actual reason for r questin& te orary disability or when an employ e uses t mporary disability leave for unauthorized purposes. An e~loyee who makes a false claim for t mporary disability 1 ave shall be subject to disciplinary action or dismissal. ARTICLE 6. ON-THE-JOB INJURY • DISABILITY A. For any on-the-job injury which causes any ploy e to b abs nt from work a a r ult or such injury, the City shall pay to such ployee his full waaes from the first day of hla b nee from work up to and 1nclud1n& the 90th • I • • ( • • • Page 5 calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an exami- nation(s) by City-appointed physician(s) at the City's expense or under the provisions of workmen's compensation or the retirement/pension provision as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment. ARTICLE 7. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the state, now or hereafter organized or constituted under the state or federal law, or who shall be a member of the re- serve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. c. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subj ct to provisions A, 8 and C above, the City shall provide full pay to an ployee granted military leave, less whatever coapensation the employe may have reoeiv d by the military for auoh service. ARTICLE 8. FUNERAL LEAVE The fire Chief shall grant leave with pay to n employee to attend the funeral of a aember of th employee's family. The number of days/shifts granted shall be governed by the circumstances of the oaae, but in no ev nt shall they exceed five (5) working days for non-shift ~loyeea or three (3) regularly assigned shift for shift mployaes. For the purposes of this 1 ct1on, " ployee'a r .. ily" shall me n the ployee's pousa, or the ch1ldr n, ar ndohildren, parents, • I • • ( • • .. Page 6 grandparents, brothers and sisters of the employee or of the employee's spouse. Annual leave may be granted by the Fire Chief if additional time off is deemed appropriate. ARTICLE 9. 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 Sd all be entitled to the difference between his regular compensation and the fees recel.ved for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave, personal leave or leave without pay. ARTI CLE 10. HOLIDAYS Shift workers, i.e. (Line Battalion Chiefs), who work an average of 56 hours per week are required to work the authorized City holidays and are excluded from additional compensation or compensatory time off as a result of working said holidays. (Note: The 1982 and 1983 base wage for shift workers including Line Battalion Chiefs was adjusted to include 44 hours respectively each year of ho l iday pay to compensate said employees who are required to work these holidays.) Non-shift workers, i.e. Captains and Administrative Battali on Chiefs, who work an average of 40 hours per week shall consider the fol l owing days as official Ci ty ho l idays. 1. New Year's Day: January 1 2 . Washington's Birthday: the third Monday in February. 3. Memorial Day: the last Monday in May. 4 . I ndependence Day: July 4. 5 . Labor Day: the f i rst Monday in Septeaber. 6 . Veteran's Day: November 11 . 1. Th a nksgiving Day: the fourth Thursday i n November. 8 . Fo urth Fr i day of No vember following Thanksg i vi ng Day. 9. Ch r istmas Ev e: Dec emb er 24 . 10. Christmas Day: Dece be r 25 . 11. New Year 's Eve : December 31. A. Any ployee cov red by this Resolution who does not perfor• duty sch dul d on the rking days i mediately prior to and followin& a holiday ahall not rec iva pay for the holiday unless otherwise authorized by the department head. B. Non-shift workers requir d to work on an official City holiday •ay receive equival nt time orr at the discretion of th Fire Chief . c. en any of the forecoinc holidays fall on a Sunday , the followinc Monday shall b obs rved as the leaal holiday. Wh en any of th forecoin& holidaya fall on a Saturday , each employee shall be entitled to a day off for uch holiday , which day off ahall be ach duled a the City Manaa r and/or 'ir Chief deter•lne , • I • ....... ( • • .. Page 1 but no specific day shall be observed as a holiday for purpose of closing City offices and functions. This provision shall not apply for employees performing shift work. ARTICLE 11. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms. The City will pro- vide 50 1 of the cost of safety shoes up to $50.00 per year. ARTICLE 12. AUTOMOBILE ALLOWANCE A Fire Fighter who is specifically authorized by the Chief to operate his personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy . AR TICLE 13. TUITION REFUND Upon recommendation of the Fire Chief and after prior approval of the City Manager, the City of Englewood may reiaburse an employee for satisfactory com- pletion of attempted course work of grade C or above for undergraduate and graduate classes at 701 of private institution tuition rates. This includes reimbursement at 100 1 for the cost of required tuition texts. Employees shall be required to enter into a written agreeaent stipulating continued e8ployaent if the employee accepts tuition reiabursement for the following schedule of satisfactory completed credits or reimburse the City on a pro-rata basis. Number of Credits Co!pleted 12 or less 13-20 31-60 61-120 121 and above ARTICLE 1.. LIFE INSURANC Length of Required Continued EmploY!ent 6 months 1 year 1 1/2 years 2 years 3 years Tera Life Insurance wil l be provided by the City for mployeea covered by this Resolution or $35,000 for each loyee . A conversion privilege upon r tir ent or 50 1 cov ra e payable by the employee will be aade availeble by th City for aeid retired mploye • ARTICLE 15. 0 NTA L I SU ANC During the life of this R cos for the Ci y d 11 1naur • p y 100 1 or the pr alum ioh aey b elected by I • ( ( • • .. Page 8 the City as a substitute for the City dental plan for each single and dependent pol i cy holder. Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 16. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 1001 of the premi- um 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. 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 availabl e through the City. The City will pay 501 of the cost of coverage of the conversion pl an up to a maximum $75 per month. ARTI CLE 17. HEALTH EXAMINATION Emp l oyees covered by thi s Resolution shall be eligible on a vo l untary ba sis f or a City-paid health examination conducted by the City's physician. The schedule for examinations shall be determined by the individua l employee 's age as follows: Before age 40 Between ages 40-50 After age 50 ARTICLE 18 . LAY Off -once every three ye ars -e very two years -once every year A. enever there is lack of work , lack of funds, or under conditions where it is deter•ined that continued work would be inefficient or non-productive, r quirin& reductions in the nueber of ployeea , the eppointin& authority ahell designate the depertm n and positions in which the layoff is to be aed • Upon such deterainations , the required nuaber of e ploye a in the affected d part ent and position shell be placed on a recall list or transfer red by th eppointin euthority, ach tn ord r or his reletive length end quality of service as shown by th personnel records. B. E ploye a on layoff shell be end queli y of a rvice ea shown by the recelled heve the d onstreted ebility eble rk ea deterain d by the City. one (1) yeer. recelled in the order or reletive len&th personnel recorda provided thet those nd quelifioetiona to pertor• the eveil- The recell list hall terainate after • 0 I • ( • • • • Page 9 ARTICLE 19. 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 care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The Fire Chief shall grant or deny leave requests, taking into consider- ation the departments work force, work load and the employee's request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTI CLE 20. DISPUTE RESOLUTION In the event there is any dispute concerning the interpretation or appli- cation of theae or any other benefits either written, iaplied, or practiced, said dispute wi ll be subaitted for resolution throuah the dispute resolution procedure as provided for and adainistered by the City manager and his/her designated representative. ARTICLE 21, WAG£ PROVISION Employees covered by this Resolution wi ll receive a wac• adjustaent increase avera&in& 5 .751 effective January 1 , 198Q. • I • • - ( • • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. Otis, Mayor Attest: 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 co111plete copy of Resolution No. __ , Series of 1983. Gary R. Higbee • • RESOLUTION NO.~ SERIES OF 1983 • • • A RESOLUTION FOR A COMPENSATION PLAN FOR MANAGERIAL AND SUPERVISORY EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Charter Amendment effective April 13, 1981 provided for the establishment of managerial and supervisory within the service of the City of Englewood; and WHEREAS, the City of Englewood deeas it is necessary to establish managerial and supervisory eaployees with full responsibility to the City in order that the City be able to fulfill its mission to provide coapetent, responsible government to Englewood citizens; and WHEREAS, by virtue of supervisory or managerial duties assigned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are managerial or supervisory and as such are therefore excluded from membership, participation and/or representation in any collectively bargained eaployee relations system of the City of Englewood; and EIEAS, the City of Englewood desires to establish and maintain a sound a d b neficial -.ployaent system to benefit the City and managerial and supervisory loy s of the City. , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF r is hereby established the following system of wage and for the aanagerial and supervisory -.ployees of the Fire of the City of Englewood: • • • • • • .. COMPENSATION PLAN FOR THE FIRE DEPARTMENT'S MANAGERIAL AND SUPERVISORY POSITIONS The following Fire Department's positions shall be represented by this Resolution: Admin ist rative Battalion Chief Line Battalion Chief Captain ARTICLE 1. HOURS OF WORK Employees of this Resolution are expected to work the hours necessary to achieve efficient transaction of business wh ich in most instances will exceed an average of 40 and 56 hours of wo rk per we ek. 4t ARTICLE 2. ACTING PAY All acting positions will be compensated at one-half the difference between the employee's actual classification and that in which he is acting or 15 1 of the employee's present salary, whichever is greater, as approved by the appointing authority, n .. ly the City Manager. The employee must be in the position for a period of thirty (30) consecutive calendar days or six (6) consecutive shifts before said loyee becomes eligible for acting position compensation. Such pay wi ll be retroactive to the first day said employee assumes he responsibility of the position. ARTICLE 3. AN UAL LEAVE A. Shift work loy es shall be entitl d to sev n and on -half (7 1/2) shifts or nnual leave e ch y ar. Annual leave for said mployees havinc less han t n (10) years or con inuou service shall accumulate at the rate of fift n (15) hours for each onth of active service and the maximu ccumula ion shall be f1ft en (15) shifts. In ord r to qualify for annual leave credit during the onth, the loyee must have rke at 1 ast one-half (1/2) of the rk1n days or that month excludinc authortz d paid leave, After t n (10) yeara or continuous a rv1ce, shift rk ployee hall receive nine and one-half (9 1/2) ahifta or lea ve for each ye r. Annual 1 ave ahall accumulate at the rate or nineteen (19) hours or nnua l leave per month or otive a rvice with a •axieu• ace lation or nnua l leave to be ntn en (19) ahif a. I • • • • • Page 2 B. All employees covered by this Resolution who are assigned to non-shift work shall be entitled to fifteen (15) days of annual leave each year. Annual leave shall accumulate monthly at the rate of one and one-fourth (1 1/4) days per month of active service. In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (1/2) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he has been in the employ of the City for at least one (1) year unless otherwise authorized by the Fire Chief. For those employees having less than ten (10) years of continuous service, the maximum accumulation of annual leave shall be thirty (30) days. After ten (10) years of continuous service, non-shift work employees shall be entitled to eighteen (18) days of annual leave each year. Annual leave shall accumulate at the rate of one and one-half (1 1/2) days of annual leave per month of active service. Said maximum accumulation shall be forty (40) days. c. Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum accumulations of said leave have been reached. Employees shall not lose accumulated leave after the maximum has been reached, if the employee has requested use of leave prior to maximum accumulation and has been denied use of leave. D. Use -the schedule for use of annual leave shall be determined by the needs of the department. Annual leave shal l be taken at a time convenient to and approved by the Fire Chief. E. Annual Leave Pay -the rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular j ob and charged on a working hour basis, excluding regular days off. Annual l eave sha ll be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay, provided the employee makes a written request to their supervisor and approved by the Fire Ch i ef fifteen (15) ca l endar days prior to the start o f their annua l leave. F. Hini.um Usage-the re sha ll be a on e (1) s hi ft mi n i aum use of annua l l eave time for shi f t wo r ke r s . G. Annua l Le a ve Pay Upon Se paration -ny mp loyee wh o is sepa r ated fro the ser vice of the City , i.e., reti reme nt , ter mination or layo f f , s hall be comp e nsated for the unused annual leave ti• aceu.ulated at the ti•e or 1 paratlon. H. H Charaed -nnual leave for lhift rk loyeee shall b ch ra on 1 t w nty-rour <2•> hou r be is exoludin r aul r days orr nd for non-shift work loyees shall be charaed on an hour for hour basis e xcludina re ular deya orr. ARTICLE •• PERSO NA L LE AV E Err ct1 ve January 1, 198•, all hif rk loye 1 cov red by thle shell b &ranted 96 hour of p reonel leave t1• with pay nd all non-1ft ployees shall b ar n d •a hour or p r nal 1 av ta with pe y vhic loye is nti led to u ro th followln purpo olution wor • • • • Page 3 A. Time lost as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. C. Leisure time. For any shift work or non-shift work employee who has not used the 96 or qs hours, respectively, of personal leave time ending December 31 of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid the first pay period in January of each succeeding year. Personal leave time shall not exceed 96 or qs hours respectively, nor shall it be accumulated and administered under the direction of the Fire Chief or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting time. Personal leave shall be prorated for employees beginning and terminating employment with the City during the calendar year. ARTICLE 5. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. For new employees hired January 1, 198q, 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 in j ury as follows: Provision o-q years 5-9 years 10 + ye ars 90 days or 30 shifts 135 days or 45 sh ifts 180 days o r 60 shifts January 1, 1984, th City &r a to provide t or1ry dis1bility 1 1ve with p1y ror loy ba nt 1 re ult or illn la/in ury 1t the rate or 100 1 or e mploy e'a re l1r VI e up to 1 0 cal ndar days/ 0 hlft1. or n w e.ploye a hired Janu1ry 1 , 198 , nd thereafter, t or1ry dia a blllty leave hall no by ace ulatlve exe pt th1t on J 1 or each year th City shall reator 1001 or the nua r or d1ys ua d by loy durin& the pr din year as foll 0-1 y ,. up to a Jt1 or day/15 lf I 5-9 y ,. u 0 a 1!1 or cl a y/23 hlrta 10· y r up to a 11 or 0 d a y/ 0 if a u A. Au 1Uty l it.h p y all o ly d art. r 111 'I• • • • • • • Page 4 B. Authorization for temporary disability shall only be granted for the following reasons: 1. Illness or injury of the employee not service connected, including maternity. Sick Leave Option All sick leave accrued by employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 180 days or 30 shifts as described above, have been used, unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement or separation from the City at the rate of one (1) hour's pay for each two (2) hours of accrued sick leave at the employee's regular rate. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than four hundred (400) hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor at least thirty (30) minutes prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless otherwise authorized by the employee's supervisor or fire Chief. Verification of Disability An attending physician's statement will not be necessary until after one (1) shift or day of disability, except when required by the Fire Chief. If the Chief requires the eaployee to see a physician, the City wi ll pay the cost or such ex .. ination and/or office visit. Abuse of T Abuse or t orary disability occurs w en an loyee •isrepres nts the a c tual reason for requ sting teeporary disability or n an ploye us t porary disability leave for unauthor11ed purposes. An eaployee Who • kes a false olai for t porary disability leave shall be subJect to disciplinary action or di isaal. ARTICLE 6. 0 -TH -JOB I JURY -DISABILITY A. or any on-th -job injury ioh o u s ny ployee to be ab ant fro• r as a reaul or uch injury, the City ahall pay to uch ployee hta full wa fro• th 1rat day or his ab nc tro• work up o and 1neludtn1 he Oth • I • • • .. Page 5 calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an exami- nation(s) by City-appointed physician(s) at the City's expense or under the provisions of workmen's compensation or the retirement/pension provision as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment. ARTICLE 7. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the state, now or hereafter organized or constituted under the state or federal law, or who shall be a member of the re- serve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such l eave shall not be allowed unless the ployee returns to his public position iaaediately upon being relieved fro• such ailitary service and not later than the expiration or the tiae herein liaited for such leave , unleaa he is prevent d fro ao returning by physical or aental disability or other cause not du to his o fault or is required by proper authorities to conttnu in such ilitary service beyond the tiae herein liait d ror such leave. D. Subj ct o provision A, 8 and C above, the City shall provide full pay o an loyee &r nt d ailltary 1 ave, le a whatev r co~ naation th loye ay have raceiv d by the ailitary for auch service. ARTICLE 8. FUNERAL LEAVE The Fir Chief shall &rant leave with pay to n funeral or a r or the ployea'• faaily. Then shall b overned by the circu. t nc 1 or th exce d five (5) rkin& days ror non-shift loye to attend the r or dlya/ahifta &ranted in no tv nt shall they or thre (3) reaularly aasi&n d sh1f a for ahif loy a. For th r .. ily" 1hall n the loyee'a apou , or purpo or his a ction, " loye 'a th ch11 r r ndoh1ldr n, par nta, • I • • • • • Page 6 grandparents, brothers and sisters of the employee or of the emp l oyee 's spouse. Annua l leave may be granted by the Fi re Chief if additional time off is deemed appropriate. ARTICLE 9. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his offic i al 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 j ury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an i ndividual, the time absent by reasons thereof shall be taken as annual leave, persona l leave or leave without pay. ARTI CLE 10, HOLIDAYS Shift workers, i.e. (Line Battalion Chiefs), who work an average of 56 hours per week are required to work the authorized City holidays and are excluded from additional compensation or compensatory time off as a result of working said holidays. (Note: The 1982 and 1983 base wage for shift workers including Line Battalion Chiefs was adjusted to include 44 hours respectively each year of holiday pay to compensate said employees who are required to work these holidays.) Non-shift workers, i.e. Captains and Administrative Battalion Chiefs, who work an average of 40 hours per week shall consider the following days as official City holidays. 1. New Year's Day: January 1 2. Washington's Birthday: the third Monday in February. 3. Memor ial Day: the last Monday in May. 4, Independence Day: July 4. S. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 7. Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of November following Thanksgiving Day. 9. Christ••• Eve: Dece ber 24. 10. Christ aa Day: Dece•ber 25. 1 • New Year's Eve: Dec mber 31. A. Any ployee cover d by thi Resolution w o does not perfor• duty scheduled on the rkina days 1 m diately prior to nd following a holiday shall not receive pay for th holiday unless oth rwise authorized by the department head. B. Non-shift workers required to work on an official City holiday may receiv equivalent tim orr at the discretion or the Fire Chief, c. en any of the roreaoina hol1deya fell on Mondey hell be ob erv d ea the le&al holtdey, n fell on 1 Seturdey, e ch eDPloyee shell b n d which dey orr ahell b scheduled es th City M n r • 1 Sunday, th follovina ny or th roreaoina holideya o • day orr for such holidey, nd/or Fire Chief d teraines, I • • • .. Page 7 but no specific day shall be observed as a holiday for purpose of closing City offices and functions. This provision shall not apply for employees performing shift work. ARTICLE 11. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. The City will be responsible for providing and cleaning of said uniforms. The City will pro- vide 501 of the cost of safety shoes up to $50.00 per year. ARTICLE 12. AUTOMOBILE ALLOWANCE A Fire Fighter who is specifically authorized by the Chief to operate his personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy. ARTI CLE 13. TUITION REFUND Upon reco-.endation of the Fire Chief and after prior approval o f the Cit y Manager, the City of Englewood may reimburse an employee for satis f actory c om- pleti on of attempted course work of grade C or above for undergraduate and graduate classes at 701 of private institution tu i t i on rates. Th i s i nc l udes reimbursement at 1001 for the cost of required tui tion texts. Emp l oyees shall be requ i red to enter into a written agreement stipulating continued emp l oyment if the employee accepts tuition reimbursement for the f ollowing s chedu le of satisfac t ory c omp leted c r e dits or reimburs e t he Ci t y on a pro -ra ta b as is. Number of Credits Co mpleted 12 or less 13-20 31-60 61-120 121 and above ARTICLE 14. LIFE INSUR AN CE Length o f Re qu i r e d Co nt i nued Emp loyaen t 6 aonth s 1 year 1 112 y ars 2 years 3 years Tera Life Insurance will be provided by the City for e.ployees cover d by this Resolution or $35,000 for each ployee . A conversion privileae u pon retirea nt of 50 S coveras payable by the employe will b • d available by the City for said r tired ployee. ARTICL 15. D NTAL I SU A C co t olu ion, th Clty hall p y pl or oth r plan lch ay • • • • - Page 8 the City as a substitute for the City dental plan for each single and dependent policy holder. Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 16. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 100J of the premi- um 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 sub j ect to the dispute resol ution procedure only. 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 privi l eges to the hea l t h i nsurance plan available through the City. The City will pay SOJ of t he c ost o f c overage of the conversion pl an up to a maximum $75 per m:mth. ARTI CLE 17. HEALTH EXAMINATION Emp l oyees covered by th i s Reso l ut i on shall be e l igibl e on a voluntary bas i s fo r a City-paid health examination conduc t ed by the Ci ty's physician. The s chedule f or examinations shall be deter ined by the i ndividua l employee's ag e as f ollow s: Be fo r e ag e 11 0 Be twe en a ges 11 0 -50 Af ter a ae 50 ARTICLE 18. LA YOFF -once every three years -e very two years -on c e every year A. enev r there is 1 ck of work, lack of funds, or under conditions w ere it is de er ln d thet continued rk uld b inefficient or non -productive , r qu1r1n reductlona in the nuaber of e loyees, the appoint1n& euthority shall destanete the deper nt nd positions in wh ich the layoff is to be • de. Upon such deter•1natlona, the required nuaber or e ployeu tn th affected depart ent end position shall be placed on a recall list or tranaterr d by the appointln& authority , e eh in order or his relative len th and quality of service as hown by th p raonn 1 r cords. ehall b r called in th ord r or r elative 1 n th by th p raonnel r corda provid d the tho y nd ualtftca ton to p rtora the avetl- Th r all lla all t r•tna art.er • • • • Page 9 ARTICLE 19. 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 care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave , employees shall not continue to accrue service credit or be eligible for any City benefits. Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The Fire Chief shall grant or deny leave requests, taking into c onsider- at i on the departments work force , work load and the employee's request. Failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE 20 . DISPUTE RESOLUTIO N In the event there is any dispute concerning the interpretation or appli- cation of these or any other benefits either written, implied, or practiced, said dispute will be submitted for resolution through the dispute resolution procedure as provided for and administered by the City manager and his/her designated representative. ARTICLE 21. WAGE PROVISION E ployees covered by thia Resolution will receive a wage adjustment increase avera in& 5.75S effective January 1, 198 • I • • -• • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. Otis, Mayor Attest: 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 • • RESOLUTION NO. 5~ SERIES OF 1983 -- • • - A RESOLUTION FOR A COMPENSATION PLAN FOR MANAGERIAL AND SUPERVISORY EMPLOYEES IN THE DEPARTMENTS OF COMMUNITY DEVELOPMENT, EMPLOYEE RELATIONS, ENGINEERING, FINANCE, LIBRARY, PARKS AND RECREATION, POLICE, PUBLIC WORKS, UTILITIES, WASTEWATER TREAT- MENT PLANT, AND MUNICIPAL COURT OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, by Charter Amendment effective April 13, 1981, provided for the establishment of managerial and supervisory employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish managerial and supervisory employees with full responsibility to the City in order that the City be able to fulfill its mission to provide co~etent, respons i ble government to Englewood citizens; and WHEREAS, by virtue of supervisory or managerial duties ass i gned to positions by the City, the City of Englewood Career Service Board has determined that the following positions are managerial or supervisory and as such are therefore excluded from membership, participation and/or representation i n any collectively bargained employee relations system of the City of Englewood; and WHEREAS, the City of Englewood desires to establish and mainta i n a sound and benefi cial employment system to benefit the City and managerial and supervisory emp l oyees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLO RADO: Se ct i on 1. That there is hereby establi shed the foll ow in g pages of benefits for the m nagerial and s u pervisory employe e s of the Depart ents of Co mmu nity Develop- • nt, Emplo yee R lations, En gineerina , Finance , Library, Parks nd Recreation, Police , Public rks, Utilitiea, Wastewater Treataent Pl nt, d unlcipal Court or the City of Engle od, Colorado: • • • . . • COMPENSATION PLAN RESOLUTION FOR MANAGERIAL AND SUPERVISORY POSITIONS IN THE DEPARTMENTS OF COMMUNITY DEVELOPMENT, EMPLOYEE RELATIONS, ENGINEERING, FINANCE, LIBRARY, PARKS AND RECREATION, POLICE, PUBLIC WORKS, UTILITIES, WASTEWATER TREATMENT PLANT AND MUNICIPAL COURT The following positions shall be represented by this Resolution: Assistant Director, Finance Assistant Director, Housing Assistant Director, Parks Assistant Director, Planning Assistant Director, Recreation Chief Accountant Chief Building Inspector Chief Lab Analyst Chief Plant Operator, Utilities Chief Plant Operator, Wastewater Civil Engineer Communication and Records Manager Court Administrator Customer Service Manager Employee Relations Assistant Ltbrarian II Library Services Administrator Office Engineer Purchasing Agent Research and DeveloPient Engineer Revenue Chief Safety Officer/Administrative Assistant Senior Criae Lab Specialist Senior Support Service Technician Superintendent, Str eta Supe rintendent, Servicenter Superintendent , Water Diatr1ct Sup rintendent, P Operat1ona/Ma1n enance Supervisor , Golf Grounda Supervisor, Perk Supervisor , ecreat1on Supervisor, Sarvtcenter Superviaor, Stre ts Su perviaor, Traffic Supervisor, Water District Sup rviaor, Wast at r/Maintenance Traffic Enain r • • • .. Page 2 ARTICLE I. HOURS OF WORK Employees affected by this Resolution are expected to work the hours neces- sary to achieve efficient transaction of business in each respective department which in most instances will exceed an average of 40 hours of work per week. ARTICLE 2. ACTING PAY All acting positions, excluding acting positions at the department head level, will be compensated at one-half the difference between the employee's actual classification and that in which he is acting or 15 1 of the employee's present salary, whichever is greater, as approved by the appointing authority. The employee must be in the position for a period of thirty (30) consecutive calendar days before said employee becomes eligible for acting position compensation. Such pay will be retroactive to the first day said employee assumes the responsi- bilities of the position. ARTICLE 3. MERIT INCREASES All merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance. Said merit increase may be granted or denied to any individual employee upon recommendation of the department head and with the approval of the City Manager. The date in which the merit increase is approved shall determine the new merit anniversary date. AR TICLE 4, LONGEVITY Effective January 1 , 1982, longevity compensation wil l no longer be accrued for any employees covered by this Resolution. However, for those employees receiving longevity compensation prior to January 1, 1982 , they shall continue to receive said compensation at their present rate per .onth. Employees with less than 5 years of continuous service with the City as of January 1 , 1982 will not be eligible for longevity compensation at any ti•e. For those eligible employees, the .. ount or longevity compensation shall be computed fro• the following schedule: Years of Continuous Service A or 1/t/82 A.ount of Co nsation 0-~ None 5-9 $12 per .onth for S 14~ per year, except for tho e employees who have not compl ted six full yeara or continuous aervice on Dece•ber 1 or any year, which loyees shall receive an a•ount equal to $12 for each full nth or completed continuous 1ervice 1fter comp letion or five ye1r1 or continuous service up to Dec ber 1, • • Page 3 Years of Continuous Service As • • .. Of 1/1/82 Amount of Compensation 10-14 $24 per month for $288 per year, except for those employees who have not completed eleven full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continous service after com- pletion of ten years of continuous service up to December 1. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each year full month of completed continuous service after completion of 15 years of service up to December 1. 20 or $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. ARTICLE 5. ANNUAL LEAVE A. Employees hired prior to January 1, 1984 and covered by this Resolution shall accumulate annual leave monthly at the rate of 1 1/4 days per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) months consecutive service with the City unless other- wise authorized by the department head. In order to qualify for annual leave credit during the month, the e.ployee must have worked for a least one-half (1/2) of the working ~ays of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumu- lation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City, e~loyees shall accumulate annual leave at the rate of 13.3 hours of annual leave per .onth of active service. In order to qualify for annual leave credit during the eonth, the ployee must have worked for at least one-half (1/2) of the working days of that onth excluding authorized paid leave. The •axi accumulation shall be 40 days. C. w loyees hired a of January 1, 198-, nd thereaft r, covered by this Resolution shall accumulate annual leave yearly at the foll in& rate: Maximum Accrual 0_. yeara 80 houra per year 160 hour a 5-9 yeara 120 houra per y ar 2-0 our a 10 or mor year a 160 houra p r year 320 hour a D. Accumul ation or annual leave hall n authorlz nor comput d for ny ~r~a aft r th .. ximua accumulation reach d • I • • • • Page 4 Use The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the department head or supervisor. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the emp l oyee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall not be charged with vacation time for the number of hours worked. How Charged Annua l 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 6. PERSONAL LE AV E Effective January 1, 1984, all employees covered by this Resolution shall be granted 48 hours of personal leave time with pay which an e~loyee is entitled to use for the following purposes: A. Time lost as a result or illneaa/injury to the e~loyee or the eaployee's 1 diate r ily. B. Att nd personal buaines • C. Leisure ti•e. or any employee who haa not uaed the -a houra or personal leave ti•e ending Nov •b r 30 or each year or any portion thereof, th City will co~ naate said e ployee ror the unused ti a the employe 'a re ular w ge rate to be paid during the month or Dec bar or tha year. Pertonal leave t1 ahall not exceed -a houra nor thall it b acou.ulated or carried ov r fro one year to the n xt. Personal leave shall be ach duled nd ad 1niatertd und r th d1r otion or the depart•ent h ad or aup rv1aor. In th v n or 1lln ta/1njury 1n 1oh p rtonal leave 11 I • • • • Page 5 requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled reporting time. Personal leave shall be pro- rated for employees beginning and terminating employment with the City during the calendar year. ARTICLE 7. DISABILITY-TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision The City agrees to provide tesporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100S of the employee's regular wage up to 180 calendar days of disability. Temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 100 S of the number of days used by an employee during the preceeding year up to a aaximu• of 90 days. For new esployees hired as of January 1, 198q, and thereafter, and covered by the terms of this Resolution, the City agrees to provide said employees temporary disability leave with pay for e.ployees absent as a result of illness/ injury as follows: o-q years 5-9 years 10+ years 90 days 135 days 180 days For new e8Ployees hired as of January 1, 19811, and thereafter, te8porary disability leave shall not be aocu.ulative except that on January 1 of each year the Ci y shall restore 100 S of the nu.ber or days used by an e.ployee during the preceeding year as follows: 0 -11 years 5-9 years 10+ years Utilization A. Authorization for te.porary disability granted after the first day or disability. 8. Authorization for t orary diaab111ty ron in rea on a: 1. Personal illne a or injury not a ernlty. up to a •axi.u. of 5 days up to a maximu of 68 days up to a max1mu or 90 days leave with pay ahall only be ahall only be granted for the rvlce oonn cted, 1ncludln& • • • .. Page 6 Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After the 180 days as described above, have been used, unless the employee is entitled for retirement as a result of disability. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement or separation from the City at the rate of one hours pay for each two hours of accrued sick leave. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless otherwise authorized by the employee's supervisor/department head. Verification of Disability It shall be the responsibility of the department head or supervisor to determine the validity of eligibility of the temporary disability. His signature on the leave request form noting temporary disability entitlement shall indicate such determination. An attending physician's stateaent will not be necessary unti l after three (3 ) days of disabi l ity except when required by the department head . Abu se of Te mp or ary Di sabi l ity Abus e of tempo rary d isab ility occurs when an eaployee misrepresents the actual reason fo r r e questin & t emp orary d i sab ility or Wh n an aployee us es t porary disability leave fo r un autho r ize d purpos s . An emp loye e wh o a kes a false claia for temporary disability leave sha ll be subject to d isci p linary action or dis issal. ARTICL 8. 0 -THE-JO I JURY -DIS ABILITY A. For any on-th -job injury which causes ny loye to b ab nt froa work a a resul or such injury, the City shall pay o uch employ e hi full wa&es from the firs day of his abs nee froa work up to nd 1ncludin& the 90th calendar day of such absence, less whatever suas received by th loyee aa diaability benefit under r n's compensa ion. The City r rv th ri&h to require ny loyee on injury or di ability 1 ave to au it ex .. ination(a) y City- appoint d p ysici n(s) at the City'a e xp nse or provision of r n's co nsation. The loy will no char ave for die blltty und r th1 Articl • • • • .. Page 7 B. All injuries that occur during working hours shall be reported to the employee's supervisor within 2q hours of the injury or before the employee leaves their department of employment . ARTICLE 9. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the state, no w or hereafter organized or constituted under the state or federal law, or who shall be a member of the re- serve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. c. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the tiae herein liaited for such leave. o. Subject to provision A, B, and C above, the City shall provide full pay to an eaployee ranted military leave , less whatever coapensetion the employee may heve received by the ailitery for such service. ARTICLE 10. FU ERAL LEAVE The d perta nt head shell arant leeve with pay o an e loyee to attend the fun ral or a b r or th loyee's raaily. The nuaber of daye &rented hall b ov rn d by the circuast ncaa or the case, but in no event hall they exce d five (5) rkin& days. For the purpo1 1 or this section, • ploye 's r 1ly" shell an the employee's spouse, or the children, arandch1ldr n, parent , &rand- parents, brothers nd staters of the employee or of the e.ployee'a spouse. Annual leave y be ranted by the d parta nt head 1f additionel ti• ls deeaed appropriate. A TICL 11. JURY DUTY AD WIT ESS S RVIC L in hi o K I 11 loy • ror a rvin on jury duty or a • witn •• ubpo na or dir ction by le&al authority. n hia r ular cc a 1o d h • • • • .. Page B fees received for jury duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave, personal leave or leave without pay. ARTICLE 12. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. New Year's Day: January 1. 2. Washington's Birthday: the third Monday in February. 3. Memorial Day: the last Monday in May. 4. Independence Day: July 4. 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 1. Thanksgiving Day: the fourth Thursday in November. B. Fourth Friday of November following Thanksgiving Day. 9. Christmas Eve: December 24. 10. Christmas Day: December 25 . 11. New Year's Eve: December 31. B. Any employee covered by this Resolution who does not perform work scheduled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless otherwise authorized by the department head. c. Employees required to work on an official City holiday may receive equivalent time off 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 and/or department head determines, but no specific day shal l be observed as a holiday for purpose of closing City offices and functions. This provision shall not apply to e ployees performing shift work. ARTICLE 13. UNIFORM CLEANING ALL A CE If an ployee is required to wear a unifora, the eeploy e shall we ar the unlfora only as authorized by the depart• nt rk rules. The City will continue o provide unifora , cleaning nd replace nts. The City will provid 50 1 of the cost of required work shoes up to a aaxi.u of $-0 per year. All eaployees shall aaintain a presentable appearance wh ile on duty. The eaployee is responsi- ble for any d .. age to the unifora by negligence or deliberate act. ARTICLE 1•. TUITIO REFUND Upon reco nda ion of the d par aent head nd after prior approval of the Ci y Mana er, the City of ngle od y reiabura n aploy for aatiafactory coapletion of 1 t t d cour rk of rade C or above for underaraduate and radua e class a a 70 1 or private institution tuition rates. Thia lnclud s • • • • .. Page 9 reimbursement at 1001 for the cost of required tuition texts. Employees shall be required to enter into a written agreement stipulating continued employment if the employee accepts tuition reimbursement for the following schedule of satisfactorily completed credits or reimbursement to the City on a pro-rata basis. Number of Credits Completed 12 or less 13-30 31-60 61-120 121 and above ARTICLE 15. LIFE INSURANCE Length of Required Continued Eruployment 6 months 1 year 1 1/2 years 2 years 3 years Term life insurance will be provided by the City for employees covered by this Resolution of $35,000 for each employee. A conversion privilege upon retirement of 501 coverage payable by the employee will be made available by the City for said retired employee. ARTICLE 16. DENTAL INSURANCE During the life of this Resolution, the City shall pay 1001 of the premium cost for the City dental insurance plan or other plan which may be selected by the City as a substitute for the City dental plan for each single and dependent policy holder. Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 17. HEALTH INSURANCE-EMPLOYEES/RETIREES A. During the life of the Resolution, the City shall pay 1001 or the preaium cost for the City health insurance plan or other plan which aay be selected by the City as a substitute for the City health plan for each single and d pendent policy holder. B. Any dispute concerning the interpretation or application or b nef1ta provided under the h alth insurance plan shall b sub jeot to the dispute resolution procedure only. c. Retirees prior to January 1, 1980 will be provided health 1nsura ce coverage by the City on a non-participating basis. The coverage will coordinate with dicaid nd H dicere wherever applicable. Retire a after J nuary I, 19 0 will b guar nte d converaion privileges to the health insurance pl n avella le throu h the City. The City will pay 501 or the coat or cov rage or t e co version plan up to • aax1 or $7 5 per .anth. • • • .. Page 10 ARTICLE 18. LONG TERM DI SABILITY INSURANCE Long term disability insurance is provided for employees covered by this Resolution. For description of eligibility and coverage, see the City's long term disability plan available in the Employee Relations Department. ARTICLE 19. HEALTH EXAMINATION Employees covered by this Resolution shall be eligible on a voluntary basis for a City-paid health examination conducted by the City's physician. The schedule for examinations shall be determined by the individual employee's age as follows: Before age 40 Between ages 40-50 After age 50 ARTICLE 20. LAYOFF -once every three years -every two years -once every year A. Whenever there is lack of work, lack of funds, or under conditions where tt is determined that continued work would be inefficient or non-productive, requiring reductions in the number of emp loyees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determinations, the required number of employees in the affected department and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. B. Employees on layoff shall be recalled in the order of relative length and qua lity of service as shown by the personnel records provided that those recalled have the demonstrated ability and qua lifications to perfor• the avail- able work as determined by the City. The recall list shall terminate after one (1) year. ARTICLE 21. LEAVE Of AB SE NCE (WITHO UT PAY) £11 Per an nt loy es may be granted a leave of absence without pay for reasona o f education which is allied to the duties of the City, ettl ent of an estat , child care, serious illness or a bar or the mploye •a r 1ly, bu shal l not be us d for the purpose of obtainin& employment els ere. Leave withou pay shall not exceed six (6) months of ny year but aay be extended pon requ st for an additional six (6) months. The total leave tia shall no xc ad one (1) year. Upon return fro• approved leave, the .-ploy • will b restor d o their former position if available or to a poait1on co arable for 1ch the loye 1 qualified. Durin& periods or unpaid leave, loye hall no eon inu to ecru service credit or be eli&ibl for ny City benefitt. • ...... • • .. Page 11 Application for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employee's department head. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department head may grant or deny leave requests, taking into consider- ation the departments work force, work load and the employee's request. Failure to Return If an eaployee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resigned from the service of the City. ARTICLE 22. DISPUTE RESOLUTION In the event there is any dispute concerning the interpretation or appli- cation of these or any other benefits either written, implied, or practices, said dispute will be submitted for resolution through the dispute resolution procedure as provided for and administered by the City Manager and his/her designated representative. ARTICLE 23. WAGE PROVISION Employees covered by this Resolution will receive a wage adjuat•ent increase of 5.75J effective January 1, 1984. • I • • • • .. -2- ADOPTED AND APPROVED this 7th day of November, 1983. 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 Resolution No. ______ , Series of 1983. Gary R. Higbee • I • • • RESOLUTION NO. ~~~ SERIES OF 1983 • • • A RESOLUTION FOR A COMPENSATION PLAN FOR CONFIDENTIAL SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Charter Amendment effective April 13, 1981 provided for the establishment of confidential secretarial employees within the service of the City of Englewood; and WHEREAS, the City of Englewood 'deems it is necessary to establish confidential and secretarial employees with full responsibility to the City in order that the City be able to fulfill its mission to provide co~etent, responsi- ble govern•ent to Englewood citizens; and WHEREAS by virtue of duties assigned to these positions by the City, it has been deter•ined that they are confidential and are therefore excluded fro• .e•bership, participation and/or representation in any collective bargained employee relations system of the City of Englewood, and the career service system of the City; and WHEREAS, the City of Englewood desires to establish and maintain a sound and beneficial employment system to benefit the City and the confidential secretarial employees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO; Section 1. That there is hereby established the following system of wage and benefits for the confidential secretarial employees of the City of Englewood: • I • • • • .. 1984 COMPENSATION PACKAGE FOR CONFIDENTIAL SECRETARIES ARTICLE 1. HOURS OF WORK Employees affected by this Memorandum are expected to work the hours necessary to achieve efficient transaction of business in each respective department which in some instances will exceed an average of 40 hours of work per week. Confidential secretaries shall be excluded from overtime pay for any time in which work is performed other than for Boards, Commissions and the City Council. ARTICLE 2. MERIT INCREASES Al l merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance. Said merit increase may be granted or denied to any individual emp l oyee upon recommendation of the department head and with the approval of the Ci ty Manager. The date in which the merit increase is approved shal l determine t he new merit anniversary date. ART ICL E 3 . LONGEVITY I n add i t i on to the emp l oyees month l y salary, the employee shall be eligible for longev i ty compensat ion based upon the number of years of continuous service with the Ci ty and sha ll be der i ved f ro• the fol l owing schedu l e. Y ara of Continuous Service As of 1/1/82 Amount of Coapensation 0~ hne 5-9 $12 per month for $144 per year, except for those employe a who have not completed 6 full years or continuous service on Dece•ber 1 or any year, which e ployeea ahall receive n amount equal to $12 for each full •onth of completed continuous service after completion or 5 years of continuous service up to December 1. S24 per month for $288 per year , e xcept for thoae eaployeea who have not completed 11 full years or continu ous ser vice on Dece•ber 1 or any year, which e ployees shall receive $144 plu an .. oun equal to $12 for each full aonth or completed continuou aervlce after completion of 10 years of continuous service up to 0 c ber 1 • • • • • .. • Page 2 Years of Continuous Service As of 1/1/82 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 completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. ARTICLE 4. ANNUAL LEAVE A. Employees hired prior to January 1, 1984 and covered by this Agreement shall accumulate annual leave monthly at the rate of 1 1/4 days per month of active service. Annual leave shall not be granted to any e~loyee unt i l after complet i on o f 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) of the working days of that month excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annua l leave shall be thirty (30 ) days. B. After ten (10) years of continuous service wi th the Ci ty, emp l oyees shall a c cumulate annua l leave at the rate of 13.3 hours of annua l leave per .anth o f ac t i ve service. In order t o qua l ify f or annual l eave cred i t during the mont h , the emp loyee must h ave worked for at least one-half (1/2) of the working days of that a ont h exclud i ng author i zed paid leave. The aax i aua ac c umu l at i on shall be 40 days . C. e v emplo yees hired Januar y 1, 19 84 , and thereafter , covered by this agreement shall accumulate annual leave yearly at the following rate : 0-4 years 5-9 years 10 or acre years 80 hours p r year 120 hours per year 160 hours per ye a r Madaua Accrual 160 hours 2110 hours 320 hours D. Accumulation ot nnu a l leav ah a ll neith r b authorized nor coaput d for any purpoa after the aax1aua accumul ation ha a b n reached. Th ach dule for use of annual 1 ave hall dep rta n • Annual 1 ave hall b tak n a a tl• th d p rta nt he d or aup rv1aor. d t r•in d by th n da of th oonv 1 nt to nd approv by • • • • .. Page 3 Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be a llowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, pro- vided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shal l not be charged with vacation time for the number of hours worked. How Charged Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Le ave Pay Upon Separation Any employee who is separated from the service of the City, i .e. ret irement , termination or l ayoff , shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE 5 . PERSONAL LEAVE Effective January 1 , 19 84, all employees covered by th is Resolut ion shall be granted 48 hou rs of personal leave time with pay wh ich an employee is entitled to use for the following purposes: A. Time lost as a resu lt of illness /injury to the employee or the employee 's i edia e family. B. Attend personal business. C. Leisure ti•e. For any loyee who has not used th 48 hours of personal leave tiae ending Nov b r 30 of each year or any portion thereof, the City will compensate said e ployee for the unused time at the ployee•s regular wage rate to be paid during the aonth or Dee mber or that year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carried ov r fro one y ar to the next. Personal l eave shall be scheduled and ad inistered under th direction of the depart• n head or supervisor. In the event of illn as/injury in whi ch p rsona l leave ia r qua d, shift rk employees ahall notify their supervisor at leaat one (1) hour prior o their schedule reportin& tia , all other employees ahall report at th b &innin& or the sch duled reportln& ti• • Personal leave shall be pro-rated for loyee b &innin& nd er•inatin& loya nt with the City durin& th c al ndar y ar. • I • • • .. • Page 4 ARTICLE 6. DISABILITY -TEMPORARY {NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision The City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100J of the employee's regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accumulative except that on J anuary 1 of each year the City shall restore 100J of the number of days used by an employee during the preceeding year up to a maximum of 60 days. New employees hired 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 new employees hired 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 J of the number of days used by an employee during the preceeding year as follows: Utilization 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 for te~orary disability leave with pay shall only be granted after the first day or disability. B. Authorization for t ~orary disability shall only be granted for the follow i ng rea ons: 1. Personal illness or injury not service connected, including •aternity. Sick Leave 0 tion All sick leave accru d by per•an nt e~loy es prior to January 1, 1980 shall vest with the ployee, and •ay b used in the following ann r: A. After the 120 days as d scribed abov , have been used, unless the l oyee is entitled for ratir nt1 sa a reaul of disability. • • • .. Page 5 B. By cashing in all accrued sick leave accumulated under the prev i ous pl an upon norma l retirement from the City at the rate of one hours pay for each two hours of accrued sick leave or one hours pay for each four hours upon separation from the City. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (q) hours sick leave for one (1 ) hour pay, not to exceed a conversion of more than qoo hours each yea r . Report i ng of Temporary Disability The employee or a member of the employee's household shall noti f y t he emp l oyee's supervisor prior to the employee's scheduled reporting t i me. No t emporary disability leave will be granted to an employee who f a i ls t o notify their supervisor prior to the beginning of the employee's work schedu l e. Verification of Disability I t shall be the responsibility of the department head or supervisor to determine the validity of eligibility of the temporary disabi lity. His signature on the l eave request form noting temporary disability ent itlement shall i ndicate such determination. An attending physician's statement wi ll not be necessary until after three (3) days of disability except when requ i red by t he Department Head. Abuse of Temporary Disability Abuse of temporary disability accurs when an emp l oyee misrepresent s t he a c tua l reason for requesting temporary disability or when an emp l oyee uses temporary d i sabil i ty leave for unauthorized purposes. An emp loyee wh o aakes a f alse cl aim for temporary d i sability l eave shal l be subject t o dis ci plinary action o r dismi ssal . ARTICLE 7. ON-THE-JOB I NJ URY-DIS ABILIT Y A. For any on -the-j ob injur y which caus es any e.ploye e to be absent fro rk as a result of such i n j ur y , the City shall pay to such emp l oy ee his full wa es froa the first d a y of his absence froa work up to and including the 90t calend ar day of such absence , less whatever suaa received by the employee as disability benefits under workaen•s co~ nsation. The City reserves th right to r quire any employee on injury or disability leave to subait to exaaination(s) by City-appointed phys1c1 (a) a t e City's exp nse or und r the provision of rkaen's compensation. Th loye will not be charged aic leave for disability under this section. B. All injuries that occur durin& rk1n& hours shall be report d to t e ployee's supervisory within 2• hours or th injury or b fore the loy leav s their d parta nt of aploya nt. • , I • • • .. Page 6 ARTICLE 8. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed service of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from her employment without loss of pay, seniority, status, efficiency rating, vacation, si ck leave or other benefits for all the time when she is engaged with such or gani- zation or component in training or active service ordered or author ized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leav~ shal l be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. c. Such leave shall not be allowed unless the employee returns to her public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless she is prevented from so returning by physical or mental disability or other cause not due to her 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, leas whatever compensation the employee may have received by the military for such service . ARTICLE 9. FUNERAL LEAVE The department head shall grant leave with pay to an employee to attend the funeral of a •ember of the employee's f .. ily. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exce d five (5) working days. For the purposes of this section, "employ a's r .. ily" shall mean the eaployee's spouse , or the children, grandchildren, parents, grandparents, brothers and sisters or the employee or or the employee's 1pou e. Annual leave •ay be aranted by the depart nt h ad if additional ti off 11 de ed appropriate. ARTICLE 10. JURY DUTY AND WITNESS SERVICE Leave •ay be aranted to n employe for servlna on jury duty or s a wltn as in her official capacity in obedience to a subpoena or direction by leaal au- thority. She shall be entitled to the difference b tw en h r reaul r co nsat1on and the fees received for Jury duty or aa a witnasa. n h 11 ubpoen d as a wttn sa in private litiaatlon to t atlfy, no in her official c pecity u as an individual, the ti• bs nt by reatons thereof hall b ta nnual 1 va or leave withou ply. , • • • • Page 7 ARTICLE 1 1 . HOLIDAY S A. The following days shall be considered official holidays by the City: 1. New Year's Day: January 1. 2. Washington's Birthday: the third Monday in February. 3. Memorial Day: the last Monday in Hay. 4. Independence Day: July 4. 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 1 1. 1. Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of November following Thanksgiving Day. 9. Christmas Eve: December 24. 10. Christmas Day: December 25. 11. New Year's Eve: December 31. B. Any employee covered by this Heaorandum who does not perform work schedu l ed on the work i ng days imeediately prior to and following a holiday s hall not recei ve pay f or the holiday un l ess otherwise authorized by the depart- ment head. C. Emp loye es requ i r e d to work on an official Ci ty ho l iday may receive equivalent time off at t he disc ret i on of the department head. D. Wh en any of t he f oregoi n g ho lidays fa l l on a Sunday, t he f ollowi ng Mond ay s ha ll be o bserved as the l egal ho liday. When any of the foregoing ho lidays fall on a Sa turday, eac h employee shall be ent i t l ed to a day off for such ho l iday, which day of shall be scheduled as the Ci ty Manager and /or department head determ i ne s , b ut no spec i fic day shall be observed as a holiday for purposes of closing City o f fic es and functions . Th i s provision shall not apply to emp l oyees performing shift wor k. ARTICLE 12. TUITIO N REFU ND Upon recommendation of the departaent head and after pr ior a pp ro va l of the City Manager, the City of Englewo od aay raiabur se an eap loye e for satisfactory completion of attempted cou r se wo rk grade C or above for und e r graduate and graduate classes at 70 1 of private institution tuition rates. This includes reiaburs nt at 100 S for the coat of required tuition texts. Eaployees shall be required to nter into a writt n agre ent stipulating continued eaployaent if the loyee ccepta tuition reiabura ent for the following schedule or aatisfactorlly coapleted credits or raiaburse the City on a prorate basta. u b r of Credits Co letad 13-30 31-60 61-1~0 121 nd above A TICL 13, LIF INSU ANC Length of Required Continued Eaployaent 1 year 1 1/2 years 2 yeara 3 yeara T ra 11fa ln ur nca will b provld d a olu lo or t 20,000 for ea n loy y th City for aploye 1 covered by A conv raion privll 1 upon I • • • • • Page 8 retirement of 501 coverage payable by the employee will be made available by the City for said retired employee. ARTICLE 14. DENTAL INSURANCE During the life of this Memorandum, the City shall pay 1001 of the premium cost for the City dental insurance plan which may be selected by the City as a substitute for the City dental plan for each single and dependent policy holder. Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure on l y. ARTICLE 15. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the Memorandu., the City shall pay 1001 of the premium cost for the City health insurance plan or other plan which may be selected by the City as 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 reso- lution procedure only. c. Retirees prior to January 1, 1980 will be provided health insurance cov erage by the City on a nonparticipating 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 501 of the cost of coverage of the conversion plan up to a maximum of $7 5 per month. ARTICLE 16 . PENS IO N PLAN The City of Englewood, Colorado, hereby establishes a retire•ent plan for its e.ployees as described herein, and whi ch, as it may be hereafter .. ended fro time to time, shall be kno wn as the "City of Englewood Retire•ent Plan.• ARTlCL 17. LONG TERM DISABILITY INSURA CE Long ter• disability insurance ia provided for ployees covered by thia Resolution. For description of eligibility nd cov race, aee the City'a lone ter• disability plan avallabl in the E.ployee Relations Depart•ent. ARTICLE 18. LAYOFF A. enever there la lack of work, l ck of funda, or under conditions where it ia deter•ined that continu d rk uld b inefficient or non-produ ttve, r quirina reductions in th nu.b r of e.ployeea, the appointln& u hori y all destanata he depart• nt and poa1t1on in ich the layoff is to b d • Upon auch d t r•lnationa, the r qulred nu.ber of loy ea tn the art ct d d p I • • • • Page 9 and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. B. Employees on layoff shall be recalled in the order of relative length and quality of service as shown by the personnel records provided that those recalled have the demonstrated ability and qualifications to perform the avail- able work as determined by the City. The recall list shall terminate after one (1) year. ARTICLE 19. 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 care, serious illness of a member of the employee's family, but shall not be used for the purpose of obta i ning employment e l sewhere. Leave without pay shall not exceed six (6) .anths of any year but may be extended upon request for an additional six (6 ) months. The total time shall not exceed one (1) year. Upon return from approved leave, the employee will be restored to their former positi on if available or to a position comparable for which the employee is qualified. Dur i ng per i ods of unpaid l eave, employees shal l not c onti nue to accrue serv ice credit or be e l igible for any City benefits. App l ication for Leave A request for a l eave o f absence without pay shal l be submitted in writ i ng by t he emp loyee t o the emp l oyee's depart•ent head. The request shall indicate the reason the leave o f a bsenc e i s being request ed an d the approxi•ate l ength of leave t ime requested . Consider ation of Lea ve Request The department he a d •ay grant or deny l eave reque sts , t ak in g i nto co ns ider- ation the depar tments work f orc e, work loa d and the employee's reques t . Failure to Return If an loyee fails to return by the date of leave expiration, the employe shall be considered to have voluntarily resi&n d fro the service or the City. ARTICLE 20. DISPUTE RESOLUTIO N In the event there is any dispute conoernin& the inter pretation or applica- tion of these or any oth r benefits either wr itten, l•plied , or practice d , aaid dispute will be aub•ltted for resolution throua h the diapute resolution pro- cedure as provided for and ad iniatered by the City Ma na& r and hia/h r dest nated repreaentativ • • I • • • • • Page 10 ARTICLE 21. HEALTH EXAMINATION Employees covered by this Resolution shall be eligible on a voluntary basis for a City-paid health examination conducted by the City's physician. The schedule for examinations shall be determined by the individual employee's age as follows: Before age 40 Between ages 40-50 After age 50 ARTICLE 22. WAGE PROVISION -once every three years -every two years -once every year Employees covered by this Resolution will receive a wage adjustment increase of 5.75S effective January 1, 1984. • I • • -• • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. otis, Mayor Attest: 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 co~~plete copy of Resolution No. __ , Series of 1983. Gary R. Higbee • I . RESOLUTION NO. ~ SERIES OF 1983 • • • A RESOLUTION FOR A COMPENSATION PLAN FOR CONFIDENTIAL SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Charter Amendment effective April 13, 1981 provided for the establishment of confidential secretarial employees within the service of the City of Englewood; and WHEREAS, the City of Englewood deems it is necessary to establish confidential and secretarial employees with full responsibility to the City in order that the City be able to fulfill its mission to provide competent, responsi- ble governaent to Englewood citizens; and WHEREAS by virtue of duties assianed to these positions by the City, it has been deterained that they are confidential and are therefore excluded from membership, participation and/or representation in any collective bargained employee relations system of the City of Englewood, and the career service system of the City; and WHEREAS, the City of Enalewood desires to establish and maintain a sound and beneficial eaployaent systea to benefit the City and the confidential secretarial eaployees of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO; Section 1. That there is hereby established the following aystea of wage and benefits for the confidential secretarial e.ployees of the City of Enalevood: • I . • • .. 1984 COMPENSATION PACKAGE FOR CONFIDENTIAL SECRETARIES ARTICLE 1. HOURS OF WORK Employees affected by this Memorandum are expected to work the hours necessary to achieve efficient transaction of business in each respective department which in some instances will exceed an average of 40 hours of work per week. Confidentia l secretaries shall be excluded from overtime pay for any time in which work is performed other than for Boards, Commissions and the City Council. ARTICLE 2. MERIT INCREASES All merit increases provided for the employee will be considered upon the anniversary date and shal l not be considered automatic, but rather, based upon performance. Said merit increase may be granted or denied to any individual employee upon recommendat i on of the department head and with the approval of the City Manager. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE 3. LONGEVITY In addition to th p l oyees monthly salary, the employee shall be eligibl e fo r longe vi ty compensat ion based upon the number or years of continuous service with the City and shal l b derived froa the following schedule. Years of Co ntinuou s Se r vice As of 1/1/82 Amount or Co ensati on 5-9 $12 p r nth for 11 q per year, e xcep for thos e.ployees who hav not ooaple ed 6 full years or continuous a rvice on Dec er 1 of ny year, which loye a shall r eceive en ount equal to 1 12 for each full aonth or co l ted continuou service after completion or 5 years or continuous tervtce up to De c mb e r 1. n h for 1288 p r year, ex oep fo r thoa ploye a who hav e le d 11 full years or continu ous rvtoe on D c ber 1 or ny y ar , which loy s shall r eceive '''' plut n a oun t e qu al to 1 12 for e oh full nth or co mp leted contin s rvtce arter c le ion or 10 y are of ontlnuous s r vioe up to D c r 1 • • • • Page 2 Years of Continuous Service As • • • of 1/1/82 Amount of Co~~pensation 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 completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. ARTICLE 4. ANNUAL LEAVE A. Employees hired prior to January 1, 1984 and covered by this Agreement shall accumulate annual leave monthly at the rate of 1 1/4 days per month of active service. Annual leave shall not be granted to any employee until after completion of twelve (12) BOnths 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) of the working days of that month excluding authorized paid leave. For those e.ployees 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 .onth of active service. In order to qualify for annual leave credit during the .anth, the employee must have worked for at least one-half (1/2) of the working days of that aonth excludins authorized paid leave. The aaxiaua accumulation shall be 40 days. C. New employees hired January 1, 1984, and thereafter, covered by this asre ment shall accumulate annual leave yearly at the followins rate: 0-4 years 5-9 years 10 or aore years 80 hours per year 120 hours per year 160 hours per year Maxi-Ac crual 160 hours 2110 houra 320 houra D. Accumulation of annual leave shall neither be authoriz d nor ooaput d for ny purpoae after th axiaua accumulation haa be n reach d, The soh dule for us of annual leave shall b d ter•1n d by t.h n da or t Annua l leave all be teken et. a t1• convent n to nd epprcv bY head or aup rvtaor. • • ....... • • .. Page 3 Annual Leave Pay The rate of annua l leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour bas is , excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, pro- vided the employee makes a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall not be charged with vacation time for the number of hours worked. How Charged Annua l leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Pay Upon Separation Any employee wh o 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 5. PERSONAL LEAVE Effective January 1, 1984, all employees covered by this Resolution shall be granted 48 hours of personal leave time with pay wh ich an employee is entitled to use for the following purposes: A. Time lost as a result of illness/injury to the employee or the employee's 1m diate r mily. B. Attend personal business. c. Leisure t1• Fo r an y loyee Who h s not u ed the 8 hours or p raonal leave ti• endtn Nov ber 30 or each year or any portion thereof, the City will co~ensate aatd e loyee for the unused tt at the ployee's re&ular wa1 e rate to be paid durin the .anth of D cemb r or tha year. Per anal leave ti•e shall not exceed -8 hour nor shal l it be accumulated or carri d over fro one y r to the next. Peraonal leave hall b acheduled and ad inlstered und r the direction of the depart ent head or supervisor. In the event or illness/injury ln 1ch personal leave 1a requested, shift rk employees hall notify th 1r sup rvtaor at leas one (1) hour prior to their achedul reportln& ti• , all oth r mploy a ahall report at th b &innina of th soh duled reporttna ti• • P r al l av shall b pro-rat d or loy inn1n1 nd er ina ina loya with h City durin the c al nd r y • • • .. Page 4 ARTICLE 6. DISABILITY -TEMPORARY (NON JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision The City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of 100 J of the employee's regular wage up to 120 calendar days of disability. Temporary disability leave shall not be accu.ulative except that on January 1 of each year the City shall restore 100J of the nu.ber of days used by an employee during the preceeding year up to a maximum of 60 days. New employees hired January 1, 1984, and thereafter, and covered by the terms of this agreement, the City agrees to provide said employees temporary disab ility l eave with pay for employees absent as a result of illness /in j ury as foll ows: 0-4 years 5-9 years 10 + years 60 days 90 days 120 days Fo r new employees hired January 1, 1984 and thereafter, temporar y d i sabi l ity leave sha ll not be accumulative except that on January 1 of each year the City sh a ll restore 100 J of the nu.ber of days used by an e~loyee during the preceeding year as follows : Utilization 0-4 years 5-9 ye ars 10 + ye a r s up to a maximum of 30 da ys up to a maxi.ua of 45 days up t o a max i .ua o r 60 days A. Authorization for te.porary disab ility leave with pa y shall only be granted after the first day or disability. B. Authorization for t crary disability all only be &ranted for the roll in& r a ons: 1. Per1onal illne a or injury not 1erv1ce connected, includin& aternity. All lick leeve ecru d by p ra nent ~loye 1 prior to J1nuery 1, 19 0 ehell ve w1 h th loy , and y b ua d in th followin& aann rt A. Aft r he 120 dey loy 11 ntl led for d bov , ave n u d, unl •• th 11 • re ult or dle bllity. • I • • , • • .. Page 5 B. By cash i ng i n all accrued sick leave accumu l ated under the prev i ous plan upon norma l retirement from the City at the rate of one hour s pay for each two hours of accrued sick leave or one hours pay for each four hours upon separation from the City. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The employee or a member of the employee's household shall notify the employee's supervisor prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule. Verification of Disability It shall be the responsibility of the department head or supervisor to determine the validity of eligibility of the temporary disability. His signature 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 accurs 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 dis ciplinary action or dismissa l . ARTICLE 7. ON-THE-JOB I NJURY-DISABILITY A. For any on-the-job injury whi ch causes any employee to be absent fro• rk as a result or such injury, the City shal l pay to such e~loyee his full wa es fro• the first day of his absence fro• work up to and includina the 90th calendar day or such absence, less wha tever sums received by the employee aa disability benefits under rka n's eomp nsation. The City reserv a the rlaht to r quire ny loyee on injury or dieebility leave to aubait to n ex .. ination(a) by City-appointed phys1e1an(e) a th City'a exp ns or under the provtaion of r n'a comp nsation. The employe will not b charaed sick leave for disability under this aection. B. All 1njur1ea that occur durin& workina houra shall be report d to the loyee'a eup rviaory within 24 houra or the injury or b fora th e.ployee leeves th ir d p r nt or moloy. nt. • • • • • Page 6 ARTICLE 8. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed service of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from her employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when she is engaged with such organi- zation or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such leave shall not be allowed unless the employee returns to her public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, un less she is prevented from so returning by physical or mental disability or other cause not due to her 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 ful l pay to an e.ployee granted •ilitary leave, less whatever coMpensation the employee may have received by the military for such service. ARTICLE 9 . FUNERAL LE AVE The department head shall grant lea ve with pay to an employee to attend the funeral of a •e•ber of the employee's faaily. The number of days granted shall be governed by the circumstances or the c ase, but in no event shall they exceed five (5) working days. For the purposes or this section, "employee's family" shall ean the ployee's spouse, or the children, grandchildren, parents, arandparents, broth rs and sist rs or the ployee or or the employee's apou e. Annual leave ay be granted by the depart• nt head if additional ti orr ia d d ppropriat • ARTICLE 10, JU I DUTY A D ITNESS SERVICE Leave y be ar nted to n employee for aervin& on jury duty or as a witness in h r official capacity in obedience to a subpo na or direction by le&al au- hority. hall b entitled to the dirrerenc b tw en her reaular compensation and t te r ceiv d for jury duty or as a witn as. n she is subpoena d a a w1 ness in private 11tiaat1on to testify, not in h r official cap city bu as n 1nd1vi ual, th ti• bs nt by re sons th r or shall b ta n a nnual 1 av or l av wit ou pay. • • ...... • • .. Page 7 ARTICLE 11. HOLIDAYS A. The following days shall be considered official holidays by the City: 1. New Year's Day: January 1. 2. Washington's Birthday: the third Monday in February. 3. Memorial Day: the last Monday in Hay. 4. Independence Day: July 4. 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 1. Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of November following Thanksgiving Day. 9. Christmas Eve: December 24. 10. Christmas Day: December 25. 11. New Year's Eve: Deceaber 31. B. Any employee covered by this Heaorandum who does not perform work scheduled on the working days immediately prior to and following a ho liday shall not receive pay for the holiday unless otherwise authorized by t he depar t - ment head. C. Employees required to work on an official City ho liday may recei ve equivalent time off at the discreti on of the department head . D. When any o f the foregoing holidays fal l on a Sunday, t he fo llow i ng Monday shall be observed as the l egal holiday. When any of the forego i ng ho lidays fa ll on a Saturday, each e.ployee shall be entitled to a day off for such ho l iday, which day of shall be scheduled as the City Manager and /or department head deteraines, but no spec ific day shal l be observed as a holiday for purposes of closing City offices and functi ons. This provision shal l not app l y to employees per f orm i ng shi f t work. ARTICLE 12. TUITIO N REF UND Upon reco ... ndation of the departaent head and after pri or approval of the City Manager , the City of Eng le od aay rei•burse an e.ploye e for s at i sfactory completion of atte.pted cour s e rk grade C or abov e for undergraduate and graduate classes at 70 S of priva e institut ion tuition rates . This includes reiaburs ent at 100 1 for the coat of required tuition texts. Eaployees shall b required to nter into a written agreement stipulating continued employment if the employee accepta tuition r laburaeaent for the foll tna ach dule of s1t1 f1otortly coaplet d or dlt1 or relaburse the City on 1 pror1t1 b1ai1. N ber of Cr d1tl Co leted 13-30 31-60 61-120 121 nd •• .,. A TICL 1 • LI f t 11 Length of Required Continued E lo ent 1 year 1 1/2 ye1r1 2 ye1ra 3 ye1r1 h C1 y Aoonv • OOYir d by u • • • • Page 8 retirement of 50J coverage payable by the employee will be made available by the City for said retired employee. ARTICLE 14. DENTAL INSURANCE During the life of this Memorandum, the City shall pay 100 J of the premium cost for the City dental insurance plan which may be selected by the City as a substitute for the City dental plan for each single and dependent policy holder . Any dispute concerning the interpretation or application of benefits under the dental plan shall be subject to the dispute resolution procedure only. ARTICLE 15. HEALTH INSURANCE -EMPLOYEES/RETIREES A. During the life of the He.arandu., the City shall pay 100J of the premium cost for the City health insurance plan or other plan which may be selected by the City as 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 reso-l ution procedure only. c. Retirees prior to January 1, 1980 will be provided health insurance coverage by the City on a nonparticipating 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 50J of the cost of coverage of the conversion plan up to 1 maxi.um of $7 5 per month . AR TICLE 16. PENSION PLAN The City of Englevood, Col orado, hereby establishes a retire•ent pl an for its employees as described herein, and which, 11 it may be hereafter .. ended fro• time to time, shall be known as the "City of Englewood Retirement Plan." ARTICLE 17. LONG TERM DISABILITY INSURANCE Lona term disability insurance is provided for eaployees covered by thia Resolution. for de cript1on of el1&1b111ty nd oov raae, see the City's lona tera disability pl n available in tha Employee Rela ions Department. ARTICL 18. LAYO F A. nav r th re is lack of rk, lack of funds, or under conditions wh re it is detarain d hat continu d rk uld b inefficient or non-productive, requtrina reductions in th numb r of loy s, the appo1nt1na authority hell deaian• e th d p rtm nt nd poeition in 1ch the leyoff 11 to b med • Up au oh d termtne lone, t r uirad nua r of loy ea ln the affeotad d per • • I • • I • • • Page 9 and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records. B. Employees on layoff shall be recalled in the order of relative length and quality of service as shown by the personnel records provided that those recalled have the demonstrated ability and qualifications to perform the avail- able work as determined by the City. The recall list shall terminate after one ( 1) year. ARTICLE 19. 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 care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total time shall not exceed one {1) year . Upon return from approved leave, the employee will be restored t o their for•er position if available or to a position comparable for which the employee is qua l ified. During periods of unpaid leave, employees shal l not co ntinue t o a c crue service credit or be e l igible for any City benefits. App l i c at i on for Leave A request f or a leave of absence without pay shal l be subeitted in writing by the emp l oyee to the employee's depart•ent head. The request shall indicate the reason the leave of absence is be i ng requested and the approximate l ength of l eave t i me requested. Co nsiderat ion of Leave Request Th e depart•ent he ad ma y grant or deny l eave requests, taking i nto cons i der- ation the de partme nts work fo r c e , wo r k l oad and the emp l oyee's request . Failure to Return If an ployee fails to return by the date of leave expiration, the ployee shall be considered to have voluntarily resi&ned fro• the service or the City. ARTICLE 20. DISPUTE RESOLUTION In the event there is any dispute concern in& the interpretation or applica- tion or these or any other benefits either wr itten, 1•plied, or practiced, aaid dispute will be sub•itted ror resolution throuc h the dispute resolution pro- cedure as provided for and ad lniatered by the Cit y Ka ne&er and hia/h r desl&nated repreaentative. I • • • f. ( • • • • Page 10 ARTICLE 21. HEALTH EXAMINATION Employees covered by this Resolution shall be eligible on a voluntary basis for a City-paid health examination conducted by the City's physician. The schedule for examinations shall be determined by the individual employee's age as follows: Before age 40 Between ages 40-50 After age 50 ARTICLE 22. WAGE PROVISION -once every three years -every two years -once every year Employees covered by this Resolution will receive a wage adjustment increase of 5.75S effective January 1, 1984. • I . - • .. • ( • • • • -2- ADOPTED AND APPROVED this 7th day of November, 1983. Eugene L. Otis, Mayor Attest: 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 I • • • • 1k • P R 0 C L A M A T I 0 N ------------·------ WHEREAS , we live in troubled times that affect hP whole nc.t'on and ea ch lncl1v1dual ; and WHEREAS , the Holy B ble rema1ns an indestructible foundat1on of truth , a "light unto our feet and a lamp upon our p ath "; und WHER£AS , most re 1g1ous Americans find 1n the Holy Bible g 1dance for a personal and meaningful faith to sustain hem 1n all t mes; and ~HEk~AS , the L ymen's ma teria sand med'a message IGNORE!" for l at1onal Bible truths found n the n b e ; at1ona Bible Comm1ttee has developed around the slogan "A MESSAGE YOU CAN'T Week to help peopl e discover the r1 ch l,O,,, '?HEREFORE , , EUGENE L . OTIS, Mayor of the Clty of Eng ewood , Colorado , do hereby proclaim the week of ovemh0r 20 to 27 , ~ .... 1'153 BIBLE WE K :;n the C t' of Eng ewood nd urg al 1nt rested c1t1z ns of Englewood to part1c1pate in th1s annual cbs rv nee by r ea ding th B!l ... l and b •com 1ng familia wi th ll5 leuchtngs <~ml £HirlClpl •s . GIVE~ under my hand and seal th1s 7th ay ol ovc.•mb•r , 1'.110 . I • - 1~ • PROCLAMATION WHEREAS , nead lnJur ·es result in more th an 100 ,000 de ths yea r ly , and 30 ,000 to 50 ,000 people a re afflicted annually wit h :nis s lent ep dem1c , resulting in Intellect al or behav oral d:;sfunct:on ; and v;llCHEI.S , he ew York State Head InJury /\sso c1ation IS a r.e;r,r-ro( L ur•jofl zollOil com['r sud of conce r ne profc.·•i!>JOil..J !> ulld farn1l1es w~c have nad a membe r suffer a head tra rna ; nd / ~HrPEAS , t~e Association 1s commi tted to pro v 1ng ass1st~nce to f ..... t-s und tne r ffl1cted loved ones throug h educ t on,Jl ~:forts and s pport yro ps ; and ::Hr.:R .A::;, tnro gn p bl ·c awareness and supper , tne tc.1 York S · . fll1 d 1'1,-.lry 1\SSOCla lOn hopes to help thOSe> <Jf[ lC Pd wltll ~e ~ .n,-rJ to reach the1r hlghest human potential; n lt 1s f :.ng th t :ne efforts of th1s organ1zat1on be given commendation ; ··""'''' .u PL (; l I l , I:.I.J(,l:.Nl:. L . 0' 1!.., Muyor of Lllc' City 0 En .e....-o -:-:., :::o~orac. I do ne reby proc a 1m ovember , 1983 as HE AD JUR Y AWAR E ESS MON TH ln the c. ty of Eng wOO Cl u . ull • r my h1111U ,mJ s "I he 'flh dly ol OVl!lllUl'f I l'JUJ . • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 30 , 1983 AGENDA ITEM <J(, INITIATED BY City Manager SUBJECT EASEMENT FOR SOUTH PLATTE RIVER IMPROVEMENT S ACT I ON PROPOSED Approve permanent e asement for South Platte River Improvement s BACKGROUND & INTRODUCTION: Several years ago, the U.S. Army Corps of Engineers began planning the 100-year flood improvements on the South Platte River through the cities of Englewood, Littleton, and Sheridan. Those plans have been designed,and the first stage of the project is about to begin. This first stage includes two drop structures upstream of Oxford Avenue, a control bed structure north of Ox ford, and bank stabilization from Oxford Avenue to Bear Creek along the Englewood Golf Course. In order for the Corps of Engineers to start this project, it is the responsibility of the Colorado Water Conservation Board to acquire all easements and right-of-way. The Board has authorized Stan Dial to pursue the land acquisition, and he has con- tacted us concerning a permanent eas ment needed along the golf course (Information attached.). As you may recall, th City of Englewood is using xc vated material from th Little Dry Creek Detention Pond project to rebuild the berm along the South Platte River so the Corps of Engineers can place the rock stabilization. Du to the timing probl in excavation at the detention pond and the Corps' d lay in starting their project, had to stockpile 18,000 cub c yards of embankment material at the golf course. I! the material w re o be placed long the river now, it may get washed away before the corps could pu heir roc on top. Now there will be additional costs to eov this material to th river's ed nd I uld sugqest hat th Corps ot Engin era and/or the Color do ater Cons rvatlon Board be responsible tor pl cing and co~rp ct- ing th~• material a a t .. tha tits into th ir construction ach dule. NDATI .tt is to pr par granted to the Color Water Con- tha l'!ngle d "' 11 no bear th dd - ic yards along th bank of th nd to dir • - • • • • August 30, 1983 TO: Andy McCown, City Manager FROM: Gary R. Diede, Director of SUBJECT: EASEMENT FOR SOUTH PLATTE RIVER NEAR GOLF COURSE With regard to the memo I sent you dated August 15, 1983, Stan Dial has provided a new easement agreement for our review. Basically, it removes the indemnity clause as required by the Attorney General's office. The legal description has not changed and is attached to the new agreement. I will still need the City Attorney's comments, City Council approval procedure and time schedule with emergency clause if an ordinance is necessary, and the expected payment for the easement. GRD/ldo Attach. • I • • - • • • • • • RECEIVED August 15, 1983 !\l!L, l•; t)8J '" ~ TO: CITY MANAGfJfS LJ f FICE ~~ Andy McCown, City Manager ENGLEWOOD Gary R. Diede, Director of Engineering Services FROM: SUBJECT: EASEMENT FOR SOUTH PLATTE RIVER NEAR GOLF COORSE The U. S. Army Corps of Engineers is proposing bank stabilization improve- ments along the South Platte River from Oxford to Bear Creek. As part of the project, the State Water Conservation Board is responsible for acquiring the easements from landowners to accomplish this work. Attached is an easement agreement prepared by them for the City to sign. The legal description was prepared by our department and will serve the needs of the Corps of Engineers for construction and placing of rock along the river bank. I would ask: 1) how you would like to proceed through City Council to get the easement approved, 2) Will Council expect more than $10 for 15 acres of easement? 3) Will you please ask the City Attorney for his comments on the easement agreement? This easement is important because the Corps will not proceed with the bank stabilization until the easement is acquired. We have already decided to hold up placement of the detention pond material until the Corps can give a definite date for placing the rock along the bank. GRD/ldo Attach • • I • • • • • STANLEY H. DIAL ' 3351 South Field Street 1198 · P.O. Box 27338 · Lakewood, Colorlldo 80227 . (303) 987-2833 August 26, 1983 Hr . Gary Diede City Engineer City of Englewood 340D South Elati Street Englewood, Colorado 30110 Dear Gary, This letter is written as a follow-up to our conversation regarding the plans for the rechannellzatlon of the South Platte River by the U. S. Army Corps of Engineers, who are hopeful of awarding a contract yet this fall for phase one which will be on each side of as well as under the bridge on Oxford Avenue. Enclosed you will find a revised Easement For River Rechannelization Improvements which is essentially the same as the draft I gave you several weeks ago with two exceptions. First, the attorney general's office says the state cannot indemnify another party and, therefore, that paragraph was removed. Secondly, the paragraph that we discussed regarding the performance of normal maintenance was added. You indicated during our last conversation that you felt It might be possible for the approving ordinance to have an emer9tncy clause In order to expedite its enactment. Please let me know if there Is any- thing further that I can do to assist in this request. Thanks . Cor d i all y, _;.,~-- Stanley H. Di a l SHO -dh Enclosure • • / ' • • • • ENGL EWOOD DRAFT 8 /26 /8 3 DEPARTMENT/AGENCY *----------- CONTRACT ROUTING *------------ EASEMENT FOR RIVER RECHANNELIZATION IMPROVEMENTS THIS EASEMENT, made this -----day of __ -----------' 19 ___ , between ------------------------------------------------------------ of the Count y of -----------------• of the State of Colorado, of the first part• and the State of Colorado for the use and benefit of the Department of Natural Resources <Colorado Water Conservation Board>, hereinafter referred to as party of the second part, WITNESSETH: That for and in consideration of the sum of Ten Dollars and other cons i deration, cash in hand paid, the receipt of which 1 s hereb y ac k nowledged, parties of the first part have this day c onveyed and transfered and delivered unto the party of the sec ond part a permanent easement and right of way, 1nclud i ng the perpetual rlQht to enter upon the real estate herei nafter des c r ibed at any time it may see f1t and construct, ma1nta1n, s er v 1 ce a nd r epa1 r i mprovement s to the Sou th Pl a tte River channel f or th e purpose o f conveying river flows over, across , a nd t hrouoh the land s hereinafter descr i bed, tooether w1th the right t o remo v e t r ees, b u shes u ndergrowth and other obstruc t i on s 1nt er f er 1ng wi th the loc at1on, c on s truct1on a nd maintenan ce o f sai d 1mp r o vement s t o th e r iver ch a nn el . The easem ent a nd r1oht o f wa y hereb y or a nted 1 s l o c a t ed 1n the County of ---------------------• State of Co l o r a d o , and 1s over across and through a parcel of land descr1bed as f ollows: To have nd hold such eas m nt and r1gh of way unto he par y of he • cond part and unto 1 • successors and •••ion• The party o the f1rs par party of he • cond par that hey po ae•• d of the real • a e above oood nd law ul r1ght to convey t bove d acrab d e • en nd r oht -1 - does her by covenan wi h re lawfully setzed and d acr1bed, ha they have o any p rt th reof, ha o w y ls fr • from all • I • • , • • • encumbrances and that they will forever warrant and defend the title thereto aga1nst the lawful claims of all persons whomsoever. The first party further grants to the second party the right of in gress to and egress from said strip over and across said lands by means of roads and lanes thereon if such there bel otherwise by such route or routes as shall occasion the least practical damage and inconvenience to the first party. Second party hereby covenants and agrees to perform 1ts construction and maintenance operations with dispatch and with care and, immediately upon completion of its operations, shall repair any damage it shall have done to the first party 's fences, roads, lanes or other improvements. The party of the first part w1ll perform such normal ma1ntenance as is appropriate on the property hereby leased includ1ng cutting weeds, landscaping and repair of minor surface erosion. However, nothing herein contained shall in any way obligate the party of the first part to maintain the rip rap, weirs or other channel improvements constructed by the party of the second part or the U.S. Army Corps of Engineers. F1rst party reserves the right to use said easement and right of way for purposes which will not interfere with the second party "s full enjoyment of the rights hereby granted! provided that the first party shall not erect or construct any bu1lding or other structure or dr1ll or operate any well or remove any so11, sand or gravel 1n sa1d easement and right of way or 1n any way alter the channel 1mprovements made by party of the second part. The prov1s1ons hereof shall 1nure to the benef1t of and b1nd the successors and assigns of the respective parties here o and all covenants shall apply to and run w1th the land. IN WITNES S WHEREOF, the part1es hereto have set their hands and seals the day and year f1rst above wr1tten. PARTY 0 TH SECOND PA T: STAT OF CO ORADO. D PA TM NT OF NATURAL RESOU CE S : y ____________________ _ PA TV 0 TH FIRST PART: -2 - I • ' • • • - ,_ .. ,, ,., .. U .S. ARMY CORPS OF ENGINEERS' RIGHT-OF-WAY THROUG~J GOLF COURSE: 13eg i nnin g ul: the sw Corner of . the NWI4 of thll SWI• of Sac. tl, 'l'I~V. 5 s. , Range 60 w. of the 6th P.M., A•'«lJCihoe Co1.1nty, Co1ol:llldOI then~<! S. . ; ~i; ... 89" 38'51" e . a1on; the s. line of the NWI( of. the SW'I 421.28' 1 thsnce \i H · 1 N. 011 13' :ll" E. 1410.0'1 th~"~" o .... ·.,,'>1" ... ~.ol.lv .v'; t:henc.a N. . .'\~•\t (:.1 , 24°33'31" E. 720.0'1 thence N. 74°18'31 11 E. 370.0': thence N. 15° 31 1 29'' "'.'·ij': w. 150.0': thence s. 741 18'31" w. 439.55' 1 thence s. 24° 33'31" W. 799.84' 1 ~~·~ thence s. 16°43'31" w. 629.90': thence s. 01°13'31" W. 556.05'; thence ,'·.'· s. 561 43'31" w. 34:1.0'1 to a point on thew. line of Sac. 4, 'l'wp. 5 s ., Ranqe 68 W.; thence s. o'23'31" w. 688.0' to the Point of Beginning, except the eo1.1th 80' thareot. Said parcel containa 15.204 aorea. Baaia of baarinqa from Po1aria taken Jan1.1ary 20, 1981. 6/14/83 PK/1o • I • • • • - • C 0 U N C I L DATE 11/1/83 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT ~D SOUTH PLATTE RIVER PLANNING PROJECT INITIATED BY Kells Waggoner, Director of Public Works ~ ACTION PROPOSED Adoption of ProclAMtion The Urban Drainage & Flood Control District, with the assistance of 12 other govern- mental organizations and the Greenway Foundation, began a major drainageway plan- ning project for the South Platte River. The study will cover about 40 miles of the river, from Chatfield Reservoir on the sout~to the Adams/Weld County line on the north. There is a public meeting scheduled for Nove~r 10, 1983 at 7:30 o'clock p.m. in the Englewood City Hall to inform all interested persons about the study. In con unction with the public meetings, and hopefully to incr ase public parti- cipation, it is asked that Council adopt th attached proclamation designating the -ek of Nov.-her 7-11, 1983 as •South Platte River Awarene ss Week". • I • • • • • !.~Q.£~~!!.~!.!.Q.!!. SO!ml PIA'l"l'E RIVER AlfARENESSS WEEX WHEREAS, the South Platte River is tke only river flowing through the Denver Metropolitan area, and the City of Englewood, and WHEREAS, ita recl ... tion and return to the citizens of -tro Denver as a com.unity asset and vital resource is i~rtant, and WHEREAS, a aajor effort of the City of Englewood h~s been to clean up the South Platte River Corridor, and reduce the haaards of flooding, and WHEREAS, such restoration provides nu.eroua urban recreational oppor- tunities, enhances the natural environ.ent, encourages core city revitaliza- tion and private redevelopment initiatives, helps preserve open floodways, i~roves flood-carrying ~city, and prov~d~s .. intenance access, and WHEREAS, the further devel~nt of the trails syat-along the South Platte River and ita tributaries will assist with energy conservation and air quality i~rov.-nts, and WHEREAS, the continued illprove-nt and beautification of the South Platte River has been, and will continue to be, an i~rtant activity of the City of Englewood, and NKBREAS, the City of Englewood, in cooperation with The Urban Drainage and Flood Control District and other gover~ntal entities, ia undertaking the develos-nt of a .. ster plan for the future of the South Platte River, and WO:REAS, public ideas and input into the plan are necessary for ita success, and public -tinqs wil be held for that p~, and WHEREAS, it is fitting that, in conjunction with public ... ting~ the -ek of Nova.ber 7-11, 1983 be celebrated as South Platte River Awareness .. elt, IIOW, THEREP'ORE, the -ek of Nova.ber 7-11, 1983 is procl&iaad as South Platte River Awareness ... k . Gr und r -r hand and s al this __ dey of ------------------· 1983. I UOJene L. Otis, Mayor • I • • - • • • • • November 1, 1983 TO: Andy McCown, City Manager FROM: Kells Waggoner, Director of Public Works ~ SUBJECT: SOUTH PLATTE RIVER PLANNING PROJECT Recently, The Urban Drainage and Flood Control District entered into a con- tract with Wright Water Engineers, Inc. to do some major drainageway plan- ning on a 40-mile reach of the South Platte River. Attached for your information is some of the early literature being generated for the study. The brochure is a sample copy at this time. Attached also is a sample proclamation that all jurisdictions are being asked to consider. There is a public meeting scheduled for November 10, 1983 at 7:30 p.m. in the Englewood City Hall to inform all interested parties in the southern area about the study. KW/lo Attacha.: 3 • I • • ·:lara Ol DHICIOrs :ul,ve C.ommntee Calny Aeyno,gs Cnt•rm1n Cll'y of Denver Ru1n A Coueu Cna 1rman Pro lem C·l'y 01 Boukler Sleven E Ctlf"'l.tt Stcreta •y Aaams Coun 1r Arlen E Pallor Trenurer Eng·naer Eugene l O• s Momt>e• C1 ty 01 Eng towooa Mtmoers F•ta ' r o! ~"' "'''' ROOtr l 810011.1 A · DI"'t Coi.lf'!ly c ... .g A Oa r E -· w G Dune •" 0 .. ~ .. 2 8 .. a: 0 "' 0 0 a: "' > z ~ '" " z "' > • : ., N t 0 : N • - L . Scott Tucker. Execut •v• D.rector Colonel William R. Andrews, Jr. District Engineer, Omaha District U.S. Army Corps of Engineers 6014 U.S. Post Office/Court House Omaha, NE 68102 Subject: South Platte River Chatfield Channelization Dear Colonel Andrews: • • • October 18, 1983 On October 12, 1983 the Urban Drainage and Flood Control District in cooperation with four counties and eight cities in the Denver Metropolitan Area and the Greenway Foundation began a major drainageway planning project for the South Platte River. The study reach begins at Chatfield Reservoir on the South and extends to the Adams/Weld County line to the north for a total of forty-miles of the River. Vour staff was Invited by us to support this activity and act as project advisers. Mr. Doug Clemetson of the Omaha District Office was able to attend our first progress meeting on October 12th and we trust the Corps will continue to be represented at all of our future progress meetings. Your participation in the planning effort is important and appreciated. During the first project meeting, all of the sponsors expressed an overwhelming support to have the South Platte River boatable by canoes, kayaks, and rubber raft. They would like to see boating use developed for the entire forty mile length between Brighton and Chatfield Reser oir. As 1 result, they as ed the Urban Drainag and Flood Control District to r que5t the Corps of Engineers' coop ration towards achieving this goal. To achiev thfs goal, all drop structures on the Rfver wfll requfr features that p rmit passag o 11 cr ft. It will also r qu1re au ntatfon o f lo ws during the lo w fl p rfods wh ich occur in fd · and late-s r months. Ho ver, wuh to enl fst your support a thfs f to provfd th n drop structur s b fng design d by the Corps wit boat passing f atur s. 0 F bruary 22 , 1983 attend d a progress fng held by the Colorado Wa r Con rvation Board (C CB) and the U.S. Arm Corps of Engln r s cone r ing th Sou h Platt fv r Chat f ld chann 1 zation proj ct. At that tf , th Urban Ora nan and Flood Centro Dfs rfct requ st d ha all n drop structvr s on h R v r d signed to • I • • • - oro vi rle for the safe passaqe of small water craft . As a follo w-up to that me eting, a letter was sent fro m the District to Mr. David M. Walk er, Deputy Director of Colorado Water Conservation Board, a copy of which was sent to Lt. Col. Grant Fredericks (copy enclosed) outlin ing the proqress made to date at the local level. To date we have not received a response regarding this matter from CWCB or from the Corps of Engineers. Drop structures on the river, by their very nature, pose a barrier to all water craft. Some unique and innovative boat handling facil iti es have been installed by the Greenway Foundation and the Urban Drainage and Flood Control District within the corporate limits of Denver. Many of these facilities were built with very limited funds, however, they still function today and are in very great demand during the summer months. The February 25, 1983 letter offered to CWCB and to the Corp s a tour of these structures. We wish to repeat this offer and invite you and/or your staff to see what is being done through Denver. We hope that similar features can be incor porated into the drop structures be ing designed by your organization for the South Platte River Chatf ield channelization project . On behalf of all the pro j ect sponsors, we thank you in advance for your support in this matter. We look forward to hearing from you. BRU/LST/gb Enclosure cc: David H. Walker, CWCB Planning Participants: Richard Harfno Commf sfon r Duncan Lfnda Hartin Ke 11 s Waggon r Joe Sho aker Eddf e Koch an ally Stern Sincerely, Ben Urbonas , P.E . ?~~ L. Scott Tucker Executive Director Ernest Ha111fl ton L s ood Gregg Cl nts Jfm Curnes efl Good nough 8111 oodcock Charles Blast n Rob rt Sandquist Nick Skffal fd s Erfc Pahlke Larry Lang Larry l"ugler • • • • • PROCLAMA T1 ON SOUTH PLATTE RIVER AWARENESS WEEK Whereas,the South Platte River is the only river flowing through the Denver Metropolitan area, and -fkL M 'lff:.,t~~· and Whereas.its reclamation and return to the citizens of metro Denver as a community asset and vital resource is important. and · Whereas. a major effort of the ~~2:.~-~.~~ has been to clean up the South Platte River orrdor. anlfreduce the hazards of flooding, and Whereas. such restoration provides numerous urban recreational opportunities. enhances the natural environment. encourages ·core city revitalization and private redevelopment initiatives. helps preserve open floodways. improves flood carrying capacity. and provides maintenance access; and Whereas. the further development of the trails system along the South Platte River and its tributaries will assist with energy conservation and air quality improvements; and Whereas,the continued improve.ent and beautification of the South Platte River has been and will continue to be an important activity of the ~ ~ &...~........cv.f • and Whereas. the ~ ~ ~~~ • in cooperation with the Urban Drainage and ~COitrol~ther Governmental entities. is under- taking the development of a .. ster plan for the future of the South Platte River, and Whereas.public ideas and input into the plan are necessary for its success, and public meetings will be held for that purpose. and Whereas, it is fitting that. in conjunction with public meetings the week of November 7-11, 1983 be celebrated as South Platte River Awareness Week; Now. therefore. the week of November 7 -11. 1983 1s proclaimed as South Platt River Awar n ss I . • • - SOUTH PLATTE CURRENTS Issue #1 r+Jvember, 1983 THE SOUTH PLATTE RIVER Chatfield to Brighton: Planning for the Future The Urban iK ainage and Flood Contro 1 District has embarked upo "n its 1 argest and most challenging major drainageway master planning effort to date: the South Platte River from Chatfield Reservoir to Brighton. This portion of the South Platte River covers a length of forty miles. It is an important forty miles! Suggestions and advice from the local governmental sponsors, interested parties, and citizens are needed to insure that the master plan will achieve what we all want: a river corridor of wh ich the Metro area 1s proud; a river wh ich serves many needs; a river for flood control and people; for irrigation and water supply; for recreation and boating; for mineral resources and fishing; a river for many uses. Here are some frequently asked question s: Q. Whit is a Njor drafn~geW~y •aster planning study? A. This is a detailed hydrology and hydraulic engineering analysis of the river for drainage and flood control purposes; coupled with economic analyses, recreational planning, and landscape planning to prepare a master plan which addresses all the us s of the river corridor. (Freq ently asked questions, continued): Q. y 1s Ute Sollth Platte befng studfed? A. All the stre•s and gulches in the Metro area drain into the South Platte River. It is the granddaddy of all of our major drafnageways. It has to rk right! The river has b n n glected for too long . buut1ful but in s pltces 1 d sgrace . inad quate; for inst nc , e in central betw n Colfax Avenu and Speer Boule ard . In some places, the river corridor is In s tr as, th flood capacity is nv r th river is c tpabl of flooding The master plan w111 be an operationtl 1unual for the South Phtte River so that can get a handle on its • y probl s d opportunities. Q. What fs t ule7 A. Q. What wtll be the ft .. a1 proct U A. Th f ntl prod t wt11 b 1 •• Phtte R ver. lt. ill f rs pl d fs c duled for c pletfon in April of trly in Mtrch of 1 4. 1•p1 nt 1ng prov nts to t South st cov r flood co rol 1 drtfn • I • • • - CITY a COUffTY of DENVER ver, the plan w111 also include other uses such as irrig at ion water, cultural recreation , parks, tra ils , wat er supply, ground water, gravel mining, carrying of wage effluent, fishing and appearance . In effect, the aster plan will result in a plan for optimization of uses of the r1ver corridor for the fort ile lengt from Chatfield Reservoir to Brighton . Q. Who ts dotng the •.ster pl .. ? A. The aster plan is being prepared by e !)"ban Drainage and Flood Control Oi strict and local participat ing gov r ents and agencies, with adv ice from interested parties . Th 0 strict has retained rig at r Engin rs, a nver area consultin engine r- ing flnw to perfona th a\t r planning effort. They are assisted by Urban Environ- ments, Ltd. for recreational pl nnln and nton Harper Marshall, Inc. for 1 ndsca arctn t c ture. Q. at area h betng •ast r pllfiMdl A. Th r lv r corridor for this uster pl annlng study h th floodplain of th South Platt Rlv r fr Chatfield s rvolr (south of nv r) to Basel n Road at rlghton, a rlv gth of forty •ll s. T riv r flo across 21 local go r tal bound les In t forty Mil sl This I y the mast r plan Is truly 1 regional tf ort • • • • • • 0 Sc1le fn •iles If you would like to be on our Mailing list to receive future issues of •South Platte Currents" and notices of public meetings, please f111 in a.nd return the coupon below to the Urban Drainage and Flood Control District , 248D st 26th Avenue, Suite 156-B, Denver, Colorado 80211 IMtiGHTON k VD . .------------------------------- ' I interested in th South Platte River Master Pl111 outc0111e and 1 want to contribute to the success of the plan ich will guide our various goverNients in •• ng the South I Platt Riv r • safer and •ore enjoyable river. s I My int r sts 1 nly c nter on t following (circle one or Flood control at r supply I Tra h ound wa r Pars (poe t • reg'l) ater quality I at i ng 8 f rd 1f f ( h ron, g e tc • ) 1v 1 •infn Aquatic l ff (ffs lo b ou) nt re). I thy st. • • • • • STIDY PARTICFANTS Project Sponsors Project Advisors 1 Ad -.s County 1 Arapahoe County • Douglas Co Lllty 1 Jefferson County 1 City and County of Denver 1 Town of Coll~nbine Valley 1 City of Brighton CONSUlTANTS 1 Conlnerce City 1 Denver Regional Counc i1 of 1 City of EngleiiiOod Goverments 1 City of Littleton 1 Colorado Water Conservation 1 City of Sheridan Board 1 City of Thornton 1 South Suburban Parks & 1 Urban Drainage lo Flood Recreation District Control District 1 Colorado Division of Wildlife 1 Greenway Foundation 1 U.S . Army Corps of Engineers Wright Water Engineers, Inc; Consulting Engineers Urban Enviroments, lTD; Recreational Planners Denton Harper Marshall, Inc .; landscape Architects THE SOUTH PlAM RIIER: CHATfiElD RESERVOIR TO BRIIiHTOI ~Ill& FOR THE FUT11tE Photo of South Platte tn Flood uth Platte Currents ban Dratnag lo Flood Control Dfstrtct 24 0 st 26th , ue. Sutte 1S6-1 n r, Colorldo 80211 I pertant tnfon.atton on uth Plette Rtv r Addrus I • • ( C 0 U N C I L DATE Nov em ber 2 , 1983 • • .. • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT E Little Dry Cree k Detention Pond, Pre ss Bo x-Bleacher Facility INITIATED BY --~A~n~d~y_M~c~C~o~wn~·~~Cl~·t~y~M~an~a~g~e~r----------------------------- ACTION PROPOSED Award Contract fo r Li ttle Dry Creek Detent i on Pond Press Box- Blea c her Fa ci lity . BACKGROUND As part of the Little Dry Cr eek Detention Pond project, the City agreed t o con s truct for Englewood scho ols, a ne w press box-blea che r facility on the baseball f i eld. This new f acility replaces the met al bl ea chers previou s ly used on the old base ba ll f ield. Mcla ughlin Water Engi ne er s , as project engi nee r for the Little Dry Creek improvements, hired Davis & Brandeberry , Arc hi tects, to design the press box-bleacher facility. In Ju ne, 19 83 , Dav is & Brandeberry met with City Council to rev iew prelimi nary design of the pres s box-b l ea che r facility and estimated co s t . Fo l low ing this revi ew , Dav is & Brandeberry were i nstructed to complete f i nal de sign so t hat cons truct io n of the se f aci l i t i es could proceed. FINANC IAL In Se pt em ber , 1982 , Mc laughlin Wat e r Engi neer s pre pared an estimated construction budget for the six phases of the Lit tl e Dry Creek i mprovemen ts. Their construction budget estimate for the Deten t ion Po nd pha se wa s estimated at $2,051,000.00. T e budg ted cost f or construction of the Detention Pond by Pal i sad Construction Company, which is nearing completion, is $1,74 8 ,614.00 . This amount includes $1,589,648.75 as bid plus $158 ,965.25 for cont n nc 1 s . Bids for construction of the press box-bleach r facility w reopen d Tu sday , Nov r 1, 1 83. The bidders and their correspo nd i ng bids w re as foll s : Color do C rcial Contractors HBN Construction Corp. RAS Build rs, Inc. Abbott Construction Comp any DeT 1 Ent rpris s 8r in r Con true fon C any Build rs, Inc. • $195,469 .00 $1 ,300.00 $209,993.00 $223,162 .00 $224 ,600.00 $23 4 ,52 4.00 $235, 0 .00 • - ( • • • The architect's estimate for the work was $180,340.00. RECOMMENDATION Davis & Brandeberry have checked the references of the low bidder, Colorado Commercia1 Contractors. Colorado Commercial Contractors has worked for several other school districts doing remodeling work and school additions. While they are a fairly new company, their work has been considered above average and they have been responsible and conscientious. Their previous projects have ranged in price from $130,000 to $330,000. A copy of Davis & Brandeberry's letter discussing the contractor's references is attached. It is recommended that the project be awarded to Colorado Commercial Contractors for a contract price of $195,469.00. Due to the size of this project, it is recommended that a 10 % contingency be added to the bid price to set up the budget. Bid 10 % Contingency TOTAL $195,469.00 19,546.00 $215,015.00 Total recommended construction budget for the Press Box-Bleacher Facility is $215,015.00. Total cost of this phase of the improvements Detention Pond Press Box-Bleacher Facility TOTAL HWE Budget Estimate is estimated to be: $1,748,614.00 215,015.00 $1,963,629.00 $2,051,000.00 Funds for inspection services for the Press Box-Bleacher Facility are not included in the above cost ($215,015.00). Cost of Davis & Brandeberry~ inspection services have been included in Mclaughlin Water Engineer's inspection contract, which was previously approved. • I • • Davis & Brandeberry Architects A ProfessiOnal CorporatiOn November 2, 1983 Mr. Gary Diede Director of Engineering City of Englewood ,. 3400 South Elati Street Englewood, Colorado 80110 • • • re: Little Dry Craek Pressbox and Bleacher Facility Dear Gary: t3t Mad1son Street Denver Colo<ado 1!0206 (303) 388 1900 We have reviewed the references provided by Colorado Commercial Contractors, the apprarent low bidders on the reference project. The references included; Jefferson County School District, Denver Public School District, and Boulder Valley School District. We have also reviewed an architectural and engineering reference. Colorado Commercial Contractors received good recommendations from all parties concerned. Their performance was rated above average. They coapleted work on or before schedule and within budget. They were rated very reasonable on change orders that were either initiated by the owner or the contractor. Colorado Commercial Contractors have been in businese for about a year and one half and have been doing business under their current name for approximately two .antha. I have enclosed a copy of the contractor's qualification stateaent that I requested. We have reviewed the bid results and feel that the low bid r presents a fair market value for the project. The discrepancy between our eatiaate and the final bid price, can partially be accounted for in additio ~1 concrete flatwork and fencing that was added during the fin 1 deai n phase to the proj ct. Baa d on the infor tlon and references that we have checked, w recommend that the City enter into contract with the low bidder, Color do Comm rcial Contractors, Inc. • • • ( ( • • • Dav is & Brandeberry Arch itects We are looking forward to working with the City and the contractor in successfully completing the Preas Box and B le~cher Facility. , ..-....__~--><Iff&) Dav d G. Davia,AIA Principal DGO /j r Enclosure • 0 •