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HomeMy WebLinkAbout2006-09-18 (Regular) Meeting Agenda PacketRegular City Council Meeting September 18, 2006 Ordinance 11/ 35, 36, 3 7, 38, 39 Resolution #~~78, 79, 80, 81, 82, 83 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session September 18, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :37 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin , Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Eaton, Human Resources Director Black , Parks and Recreation Director Kahm , Public Works Director Simpson , Community Development Eng ineering/Capital Projects Adm in istrato r Henderson , Publ ic Wo rks Co mmunity Devel o pmen t Manager Stitt Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi , Safety Services Fire Battalion Chief Petau , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5 , 2006 . Mayor Wolosyn asked if there was any discussion . There w_as none . Vo te resul ts : Motion carr ied . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso. Oakley Na~s : None Englewood City Council September 18, 2006 Page 2 6 . Recognition of Scheduled Public Comment (a) Kevin Dixon , an Englewood resident, said the reason I am here is because about a year and half ago City Council changed a zoning law to allow only duplexes on a 60 foot frontage , and about 90 % of the parcels in Englewood are 50 foot frontage, so it eliminated a lot of the redevelopment that was starting to occu r . I am specifically talking about north Englewood ... between Broadway and Elati primarily, to Galapago and to Santa Fe . The new law stopped some of the redevelopment right in its tracks . There are a few projects that kept going, because it happened to be on 75 foot lots . But prior to that, there were starting to get some momentum to redevelop this neighborhood, which, frankly, has gotten a little rundown . Most of the projects that were done, were done by a man named Jim Wishmier and he has done a good job . They are good looking projects. I can give you the addresses at a later time, if you want to take a drive by and make sure that the quality is acceptable . I have been investing in the neighborhood myself. I have a couple of rental homes and just as I was getting ready to submit some plans , the law was changed . So , it changes the economics when you cannot build a duplex anymore and all you can build on your 50 foot lot is a single family home . You can 't do it anymore . Jim's duplexes ... some of the units have sold for $300,000.00 a piece . So, in the previous model, he was getting a total of $600,000 .00 for the development. Now he is forced to build single family homes ... he cannot get $600,000 .00 for a single family home in this neighborhood . The highest home in the entire neighborhood is about $260,000 .00 and his duplex units, getting $300,000 .00 , were even higher than that but they are not out of the range of the neighborhood . So, economically, it makes sense as a duplex ... single family home ... the model doesn't work any more and you 're stuck with these older homes that are really getting obsolete . On some blocks , about 60% of the homes are starting to get really run down . They may not have a basement or a low height basement. That means you can't fix this house up . You 've got to tear it down and build something with an acceptable basement, because people in this area love their basements . So , this law really cut the legs right out from under Jim and some of us who were getting ready to redevelop . To pass a law like this , it is almost like down-zoning . And down-zoning is a little bit like taking away some property rights , because all of a sudden you don't have the ability to do with your property what you thought you could . It also applies to all of the homeowners that are just still living in the neighborhood in their single family home . Jim could afford to pay $215,000 .00 to anybody with , let's say, a 75 foot lot and about $180,000 .00 to somebody with a 50 foot lot, if he could build a duplex on the 50 foot lot and a triplex on the 75 foot lot. But , under the new rules, he has determined that it is about 30% less that he can afford to pay them now. So , it is actually taking money out of the pockets of everybody in that neighborhood by doing this . Now, possible suggestions ... ! understand that you have directed the Development staff to have some flexibility in regard to redevelopment along Broadway and we are saying if we have a good looking proposal for a duplex on a 50 foot lot, I would ask fo r some flex ibility from the Planning and Development staff so that we can still bu ild duplexes ... especially close to the new Bates Avenue Station , on the west side of Broadway. It is go ing to be such a n ice walkable ne ighb orhood . A little more density is welcome and there will just be a few more people in the ne ighborhood making it livelier ... going to bus in esses on Broadway as well as the proposed bus ine sses on Bates . Thanks a lot. 7 . Recognition of Unscheduled Public Comment (a) Douglas Garrett, an Englewood resident, said I am here mainly to introduce Mr. Loss . We have talked over the last year and a half about the Golf Course Development that is going to take place across the street. As we get closer to the time that hopefully that will happen , we thought it would be worthwhile for Council to hear from the developer. Miller Weingarten Realty is going to be represented tonight by John Loss , Executive Vice-President. John has been the principal , if not sometimes the only, negotiator from Miller Weingarten over the last eighteen months . So, he is here to give us a brief update on what is going on . Thank you . (b) John Loss said I appreciate this opportunity . Like Doug said, I know with all the time and hard work that has gone on by the Council members , their staff, and consultants , that you are all very well informed and conversant about this proj ect , but I thought it might be worthwhile to get the most current update and have it be from the developers perspective . We have been working on this project for about three years and I remember three years ago, right when we were selected to do the project , the most common question was : w ith Englewood City Council September 18, 2006 Page 3 all the complexities that are involved in this , is this project really going to happen? Over the last two years , I think the question has really been the same ... all the complexities, is it going to happen? Our answer has been for the last two years, we are making good progress, there are still a lot of things that have to happen, but we are very optimistic and we do think it will eventually occur. Now we are literally, I think, on the eve of something really happening here and the answer that I give when the same question is put forth ... is it going to happen? My answer is ... all the pieces are now put together, or close to being put together, and we intend to close and move forward on the project in September or October. I've mentioned that there are a number of complexities on this project that aren't typical in most development projects that we get involved in . I think you folks are aware of most of them . Clearly, the diverse ownership of the property ... there are over 25 different owners in the approximately 125 acres that this project will encompass . We are now in a position where we believe we have the requisite control and ability to acquire those properties . The environmental situation here is , again, one where I think most people are aware of. It is being built on two old landfills and there are significant environmental concerns and hazards that go along with that condition . The process of dealing with that has been a complicated one dealing with the State of Colorado , the County ... Englewood has been very involved, so has Sheridan ... basically we are going to take care of this part of the project with a voluntary clean-up plan ... a VCUP ... and that document is in place and we think we have the resources and ability to perfect that part of the project. Make no mistake, having a situation where you are needing to come to another municipality ... Englewood ... and ask them to consider a situation where the utilization of 50 acres of their property, is another complication that you don't normally fit into . I feel like we are very, very close to being able to say that, that part of the puzzle has been completed . We are down to just a few details that I think are very manageable . We had hoped to start by the end of September. We are going to possibly make it , but there is some chance that it will slip into October. We absolutely know that there is no exception to our commitment that the Course has to be open by Memorial Day of 2008 . And working with the City staff, we are definitely going to make that happen . Bond financing is another unique complexity to this project, because of the massive amounts of premium costs involved in acquiring the property and cleaning it up . This project needs a very significant public subsidy, which will be done in the form of the issuance of tax increment financing bonds . And again , that is another complexity that we feel is now very much in place . Our company spent a significant amount of money on this project. It is going to go forward . We very much appreciate the hard work and efforts of the City. We worked very closely on th is . We just can 't help but think this is going to end up being a win/win/win proposition for Englewood, Sheridan and for us as the developer. I would like to be able to , if you so desire , to answer any other questions you might have . Mayor Wolosyn said thank you John . Although we don't usually conduct a question and answer forum at this po int in the meeting, I thought that tonight , since John is here, we could take a few minutes if we have questions that are relatively brief and if we have more complex questions , we can pose those through staff. But to be respectful of his time, I would like to g ive him the opportun ity to address any issues that we may have . And also ... let us be mindful that we have quite a few citizens here to talk tonight. So w ith that said, we will open the floor to Council. Council Member Barrentine said I didn 't know that you were coming and I would have appreciated receiving some information, so that we could have been prepared . That would have been more useful for me . I do appreciate the update. Usually, we wouldn't do this at a public meeting with a five minute limit. Mr. Loss said if you think of something afterwards , I will be glad to talk to you . Ms. Barrentine said maybe we could schedule it for a Study Session , if you would be willing to do that if we had other questions . Mr. Loss said I would be glad to do it. Mayor Wolosyn asked if there was anything else . Council Member Woodward said Mr . Loss, could you address or tell us where you are with your leases with ... from what I understand ... Costco, J . C . Penney, Target, the theaters? Mr. Loss said yes, all four of those are ones that are quite far advanced . They are conditions precedent to closing on the bonds and each one of those ... in addition to the specific lease form , or in the case of the purchase and sale agreement. .. because of couple of these entities are purchas ing property ... in all of those in stances , they will be governed by what is called an OEA .... an Operat in g and Easement Agreement , wh ich Is a govern in g document that t ies the entire Englewood City Council September 18, 2006 Page4 shopp ing center together , and that contract is be ing negotiated and agreed to among all the part ies at the same time as these lease or purchase contracts are moving forward . Mr. Woodward said you feel that , that is going very positively forward. Mr . Loss said I do . Mr . Woodward said great. Mayor Wolosyn asked if there was anything else . Mayor Wolosyn said I would like to thank you and I would also like to add that I have been out of town for the last four days . I got back in at 4 p.m . and I think you guys came up with this on Friday morning and I wasn 't around to address this as an Agenda item , so I appreciate your com ing and apolog ize for any inconven ience of Council. Thank you . (c) Gary Tisch said my main business is commercial real-estate . I have properties in Denver and Lakewood, but mainly on South Broadway . I also own the Liquor Barn on South Broadway . My concern here tonight is what happened at the liquor hearing on September 61 h . I just want to get one thing out in the open . Everybody understands why I don 't want a liquor store two blocks down the street from mine . I'm not here to talk about that. However, what happened at that hearing was not right either . There are a number of points that I wa>nt to make . One was that apparently the decision to grant this l iquor license was weighted primarily on the petitions and , accord ing to my attorney, a liquor license is supposed to be granted on needs and des ires . The petitions showed the need, they don't show a desire . Sixty people who were here that night expressed their des ire . Now you have a Chairman named Ron Lunders ... that time after time , when people came up and talked , they were shut down . They were shut down for things li ke ... when there was a woman , I don 't know her name , but she owns a house right behind this proposed liquor store , she says I don 't want a liquor store there , because there are schools . And Lunders shut her down , because he says that accord ing to Statute this school is outs ide th is 500 foot statute area ... th is liquor store can be there . Her desires have noth ing to do with the Statutes . Her desire is not to put a liquor store in there . And , many people were shut down based on this , which is not fair . All these sixty people came in and they described whatever their own reasons were for not putting in this liquor store . All of those have desires . There are also eleven liquor stores within this immediate area ... five of them were in close . I would also point out that these liquor stores ... they are a little bit more sens itive than some bus inesses in the sense that you can group certa in bus iness together ... like restaurants . You can put twelve d ifferent restaurants together and you create a need or people come to one area for restaurants ... it becomes an area where they can go to . Liquor stores ... if you put twelve liquor stores together, they are going to die. You can 't put that many l iquor stores togethe r. So , you know, these people who own these liquor stores , they have had them for decades . Some people have had them fo r a long time . They pay a lot of taxes . They have pa id a lot of ta xes to the C ity for a long time . And , they are people just like you and me . They have mortgages to pay and ch ildren to feed . And when you start pack ing in all these liquor stores , they can 't surv ive . Now my point here th is eve ning, is that I, ti me and ti me aga in , saw Ron Lunde rs, the Cha ir man , who has been the re now fo r 15 years , shut people down when he had no business, in my opini on, shu tt ing them down for th eir desires . At the end , there were two people that said they wanted this liquor store and about sixty that said they didn't.. .and they weren 't even considered . So the way I understand this is this Liquor Board is appointed by the City Council and their actions are reflections on you . Now if all these people are shut down, why would they want to come to your meetings . I don't understand . What I also brought with me tonight was ... I had this pulled from the City records, Ron Lunders voting record for the last 15 years on liquor stores ... on te n li q uor stores he vo ted to put n ine of them in . I think he has his own agenda . I ma de some cop ies . I do n't kn ow if you want to take a look at them . Mayor Wolosyn said just leave them wi th the Clerk and she will get the m to us . Mr . Tisch sai d I'm re questing that you have somebody, as a Chairman , tha t is not so one-sided . I think Ron Lun ders has his own agenda . There were a lot of people here that night an d they were not lis tened to an d this is not th e first time . That record that I just turned in over there , you should take a close loo k at it. At least put someone in here that listens to the people . He has been there for 15 years ... maybe it is long enough . Thanks . (d) Jon Liberman, an Englewood resident, said I wrote the letter that should be cc'd to you all regarding the liquor hearing last week . Mayor Wolosyn said we received it. Mr . Liberman said I just request that the Council please consider my po ints , part ic ularly the Board 's total disregard for the testimony of the people who we re here . As Gary said , there were 50 or 60 people against it and maybe 2 people for it. Also , I Englewood City Council September 18, 2006 Page 5 don 't believe that we really need two liquor stores that close to one another offering exactly the same product. It gives a seedy image of Englewood and it lim its our commercial diversity. That is all I have to say. Thank you for hearing me. Mayor Wolosyn said thank you for coming . (e) Ira Wier, an Englewood resident, said I have been a resident of this town for 48 years . I've talked to a lot of people and we had a lot of people come and there isn't any way people know that there is even going to be a hearing. They posted a little bitty note in front of that store , where they want that liquor store , and the only reason we ever found out is the Liquor Barn had a survey. They come around ... it was a lady , she did a good job. She didn 't say for ... she said , we are tak ing a survey and we want to know if you are for or against it and you signed your name and you put down whether you are for or against it. And when we had the hearing , she had more people against it than for it. Then the guy that was proposing to have the liquor store there, they had a person go around doing a survey and they had more people for it than against it. I had one of my neighbors tell me he came to his door and asked him if he was for or against it. He said against it so he didn 't even write down his name . I met these people in the street, across the street from my house, and they asked me if I was for or against it and I said no, I am against it. I don't like liquor stores and I am against it and I don 't think there should be two liquor stores that close, and for lots of reasons . First of all, there is a school that is too close for the liquor store to be there . And second of all, there is a traffic problem there ... there is ?-Eleven, there will be people driving through ?-Eleven, and everything else, going to that liquor store . It is just a traffic problem . There are sixty people here to the liquor meeting ... they all said that they were against having a liquor store there . So , the people on the Board listening to the licensing , they listened to us and everyth ing else , but I am pretty sure ... I feel that they had the ir mind made up before we even got here . They let us come in and talk, then they came out and they said we are going back and talk it over ... they came back and talked it over and three of them voted for it and the one that was the last one to vote for was the one that was over, handling it. I don 't know his name ... he was the one that has been there the longest. And one person on there that voted to go ahead and have it was a brand new person and I feel that he influenced them . I asked them how they knew that the school was further than 500 feet away and they said well , somebody measured it. And I said I wanted to ask them who , but I didn't get to ask them who measured it or how they measured it. I went to a guy that works for a survey company and he did it by satellite. And after they told us that they approved it , he come out and told me ... he sa id it is 581 feet from the school. Okay, I wanted to find out how they come up w ith that 581 feet. And another point I want to bring up, when you measure someth ing, you measure it from one point to the other point. If you measure a board , you measure from one end to the other end ... if you measure a room, from one end to the other end. And if you had a restraining order against somebody for 500 feet, if they come w ith in 500 feet of you, they are breaking the law. And this school is like a reverse restraining order. The liquor store can 't be within 500 feet of the school and I have papers show ing a satell ite that it is 453 feet from the corner of the liquor store to the corner of the school. And the way they did it , they went down Broadway, across Tufts and up to t hat corner. You don 't measure th in gs from go ing way out of the way to get there ... it is a line of sigh t. .. 500 feet. And it is less than 500 feet and I have satellite pictures to show you . Mayor Wolosyn said if you give those to the Clerk she can make copies of them for us . Mr. Wier said I have copies . He said I feel that the Liquor Board didn't even consider what we were saying . They don't pay any attention to the people . They ... the government, is supposed to be for the people , by the people ... they are supposed to listen to us , but right now I feel that it is for the rich, by the rich . Mayor W o los yn said thank you very much . Thanks for bringing the materia ls . (f) Ellen Roebuck -Cole , an Englewood res ident , said I am unprepared . I did not realize that it was going to be a presenta tion situation . I am opposed to the additional liquor license and it is primarily for all the reasons you are going to hear from everybody else tonight , so I am not going to duplicate that. What I do want you to know, is that I am a sales rep and I am out of town 60% of the time and I have taken two nights in the last 30 days to be here to voice my opinion on this particular issue. That is how important it is to me . That's it. Mayor Wolosyn sa id thank you very much . Englewood City Council September 18, 2006 Page 6 (g) Brad Cole , an Englewood resident , said I didn 't know I had to present tonight either. I am to support the view against getting another liquor license issued . I was at that meeting and qu ite frankly it was unbelievable . There were so many people in support of not g ranting another liquor license and only a couple of people for the liquor license . We were just blown off. When I got home, I was beside myself. My interests weren 't represented . I wasn 't listened to. I was ready to sell my house in Englewood and leave but , you know , I'm not going to do that. .. I can 't. The guy d idn't listen and he shut us down . Sorry, I'm a little keyed up . Thank you . Mayor Wolosyn said thank you . (h) Paul Hendricks , an Englewood resident, said I've had a few days to think about th is . I didn 't attend that meeting ... that doesn't surprise me ... that kind of stuff goes on in Washington all the time where the m inority gets squashed . Well , this is squashing the majority , wow . I analyze it this way ... I will use a metaphor that everybody here knows well . The film ... lt's a Wonderful Life ... you got the character that Lionel Barrymore plays wanting to develop a city a certain way according to his venal interests . That means it was for money ... he was in it for the money . And you only have to say, Jimmy Stewart, and you know what direction he wanted to take the town and you've got a choice , and you can affect the way things go . We can fill Broadway from Denver to Littleton with liquor stores for purely venal reasons that have nothing to do with the qual ity of life of the c itizens , that has nothing to do with the will of the people. I think you ought to overturn that Liquor Board license if you have the power to do it. Oh , and that is all I have to say and if you want anymore out of me you will have to torture me . There was laughter . Mayor Wolosyn said thank you Pau l. (i) Li nda Hendricks , an Englewood res ident , sa id I don't hav e ve ry much to say, because pre tt y much all of it has been said . I just would like to go on the record as being against the granting of the liquor license . We don 't need another one that close to the Liquor Barn , t he seediness ... like was mentioned ... along Broadway and it be ing too close to the school. .. qual ity of life ... all of those are the ingredients as to why I am against it. (j) Annette Story , an Englewood resident , said I have lived in Englewood all my life . I am also opposed to th is new liquor store . We 've got problems with those two hotels that are on Broadway there . There is c rack be ing smoked in the alley back there and I just th ink th is would attract more of the same sort of seedy people . I also heard about the meeting where everyone was d ismissed and nobody seemed to care about our op inions . And one of the th ings that was asked was ... do yo u sh op t he liquor store? And when a person sa id ye s they d id , well that was the end of it. .. they had no op inion before the Board . So , I just wanted to also sa y t hat I a m opposed to the li quor store and hope that you will o vertu rn the deci s ion . Thanks . (k) Norma Wier, an Englewood resident , said I'm a lifetime resident of Englewood . I am also opposed to the liquor store going in there and I was at the meeting . But , what I wanted to suggest was it is kind of iron ic that we have to put up a huge sign on someone's property to have ... maybe a garage made larger or a fence put up , but we have a l ittle tiny sign in the window wh ich nobody could even see from the street. We have our Englewood Citizen newsletter that goes out and I noticed that you did put the budget meeting in there . I would like to suggest that all scheduled meetings are put in this Englewood Citizen . We used to have the Englewood Herald ... you know all of our meetings and things were in there . It w as our Englewood paper , and s ince we don 't have that , I would like to see the Citizen used so that the people are informed on what is going on . Thank you . Mayor Wolosyn sa id thank you ... the Herald still exists , the Herald is still a publication in Englewood . Ms. Wier sa id it is? Ms . Wolosyn said yes . (I) James Bead li ng , an Englewood res ident , sa id the reason I am here ton ight is just ... l th ink you need to liste n to the people of the C ity . We don 't need another liquor store , especially around k ids . Kids don 't know 500 fee t. A ll they know is they walk home and they are go ing to pass another liquor store . I don 't th ink we need it. I reall y don't. I th ink the b iggest thi ng is that you need to l isten to the people of the C ity . Thank you . Englewood City Council September 18, 2006 Page 7 Mayor Wolosyn said thank you . (m) Dan Duncan , an Englewood resident , said I have lived here about six months and I am very impressed , it is a beautiful town . I think that the people are very friendly . But, I couldn't help notice in getting to know the area , that the hotels and some of the other areas along that same stretch , seem to be infiltrated with less than probably ideal people wandering around. And I just think that if that liquor store were to be put in , it is going to be another situation for those people to wander into and create additional clutter and possibly have additional crime in that area . So , I just wanted to say that I am opposed to the liquor store . Thank you . Mayor Wolosyn said thank you . (n) Jenn ifer McKee, an Englewood resident, said I am also very opposed to this liquor l icense that was approved . And I did not know about the September 61 h meeting otherwise I would have been here for that. I did happen to see the sign in the former Blockbuster building . I had no clue what that was for . I thought it would be for a permit to do some construction or building ... not to request a liquor license . I am also very concerned about this section of Broadway and what's becoming of it. You know there has been such an emphasis to improve Broadway , north of Hampden and the results have been wonderful. I have the feeling and I sense that other people in this group do too , that the south corridor is just going in the opposite direction . I would imagine that we would like to make Englewood a place where people say ... we've got great schools , we've got a great City Council, and we 've got people who are involved . I've talked to so many people , as my son has entered kindergarten at Cherrelyn, who have told me ... I grew up in Englewood and I want my kids to live in Englewood, but if these kinds of businesses infiltrate that southern corridor, you are going to have the opposite effect. And there will be an exodus and people are going to say , I don 't want to live in Englewood . It is muck on the bottom of my shoes as I pass through to Littleton or Centenn ial or some place else . I see Englewood as this wonderful neighborhood ... with an old town feel to it. .. surrounded by a natural area . I ha ve been getting that sense of small town feel, but we don 't need this . And I think you do need to listen to the people . I think you 've got to say ... we can 't just approve whatever bus inesses , because as other people have said , that there is money exchanging hands . There has got to be an attraction of other kinds of businesses to this area other than rundown motels, head shops ... you know a great fishing tackle place that now has a head shop . That is what I want my son to go to when he is in junior high, right? I don't. I would like the Council to really regard what everybody has said thus far and last week and do something to say that we are listening to you as neighbors . We do have desires and needs and we are paying our taxes and we want to make sure that the businesses that come into Englewood are going to contribute to the community . That are going to contr ibute to the people who live here . I've lived in my home ... l never thought I would live there for th is long ... I'm coming up on 15 years , and I am the second owner of my home . That says something about Englewood . There is a person who lives j ust beh ind me , one house ove r, he is the lifelong owner of that home . The person who lives aroun d the corner grew up in En glewood and t his is m aybe his t hird home in Englewood . T hat is w hat Englewood has been . That is what we would like Englewood to stay , but you've got to think about the businesses that are coming in that are going to keep people who want to live here , because it is a neighborhood ... rich , quality city . Thank you . Mayor Wolosyn said thank you . (o) Jonathan Fore, an Englewood resident, said I am the Principa l of Clayton Elementary in Englewood and this is my personal assistant , Olivia Fore age 10 . I would just like to start off by complimenting this organization and the City . We were walking around downtown and Olivia, out of no where, said gee , Englewood really values the arts . We were admiring all the sculptures down around the Civic Center and the fountain and how beautiful it was . And I said , you know, you are right Olivia , we have this Englewood Arts Council and I know the City Council , the Mayor and everyone is really behind the arts . She noticed that w ithout me saying anything about that. And I think if we were to put in a liquor store down by 7-Eleven , our kids are going to notice that too and it is not going to be for good reasons . I don't see how that liquor store could be 500 feet from Cherrelyn . If you take that man 's example of how the crow flies, I think that needs to be re-examined , because I can't see that be ing 500 feet from a techn ical point of view. From another po in t of view , what I am worried about is our youth in Englewood . I th ink there is an image problem on South Broadway ... head shops, Englewood City Council September 18, 2006 Page 8 liquor stores , tattoo parlors ... not that any of that is not, I guess , illegal, but I don't think it is a very good image . Our kids do have to walk around that area . We have Middle School and High School kids on the bus stop right there ... all day long and all night long . I really wish we wouldn't put a liquor store there that close to another liquor store but also ... really you are in the middle of three schools ... you have Cherrelyn at Lincoln, you have Clayton at Fox and you have Sinclair at Chenango. It is just too close . And I would be worried about the example that we are setting for our kids ... especially our High School kids . We have had way too many alcohol related deaths in Englewood ... in our High School. The last thing I think this City needs is another outlet for liquors . Thank you. Mayor Wolosyn said thank you Jonathan . Mayor Wolosyn asked if there was anyone else who would like to speak . There was none . Mayor Wolosyn said thank you all for coming . Council Member Barrentine said I would ask that you please remind the people that we have Council Comment after . Mayor Wolosyn said right , we don 't address these issues now , but at the end of the meeting , people on City Council have their own issues and often return to what happened in Public Comment. Council Member Barrentine said thank you . 8 . Communications, Proclamations and Appointments (a) Proclamation in honor of Bishop Elementary School's 501 h anniversary. Mayor Wolosyn said I am going to read that proclamation and I know that we have the Principal of Bishop here , Linda Mccaslin , as well as the Principal of Clayton . Mayor Wolosyn read the proclamation in full. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) - A PROCLAMATION IN HONOR OF BISHOP ELEMENTARY SCHOOL'S 50 1 H ANNIVERSARY . Mayor Wolosyn asked if there was any discussion . Council Member Mccaslin sa id yes , I brought it up at the last City Council meeting and extended the invitation . I personally want to thank Wayne Oakley, Ray Tomasso and Jim Woodward for showing up and showing tha t we are trying to wo rk toget he r ... the Ci ty an d schools to try to bu ild a rela ti onsh ip . I feel g uilty bec ause I couldn't make it as I had other commitments, but I sent some of my staff to Bishop . There was laughter. I would like to thank you . Thank you very much from the bottom of my heart. Thank you very much for showing up . Mayor Wolosyn said thank you and asked if there were any other comments . She said I couldn't be there either , but Happy Birthday Bishop . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Mo ore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamation to Linda Mccaslin , the Principal of Bishop Elementary School. Council Member Woodward said I think it is worth noting that on Saturday there were a number of members of the Bishop fam ily in attendance ... at the celebration . One had traveled ... I believe it was all the way from North Carolina ... so that was pretty neat. Englewood City Council September 18, 2006 Page 9 (b) Proclamation designating September as National Preparedness Month . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DESIGNATING SEPTEMBER AS NATIONAL PREPAREDNESS MONTH. Mayor Wolosyn asked if there was any discussion . There was none . Council Member Woodward said this is something that I know Chris has been very involved with ... Ready Colorado ... and I think this is something that we all need to be conscious of these days ... our security for ourselves and for our citizens, for our City and for our Country. Thank you . Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn presented the proclamation to Director Olson . Director Olson said Mr. Woodward, thank you very much . You covered what I was going to say ... Englewood has been a very active part of, essentially, individual preparedness, which has been a very key component of the National priorities that have been developed since the 9/11 activities . With Homeland Security in place now , we are a very important component of that and I appreciate it and that is what National Preparedness Month is all about. .. so that we, as individual citizens , understand that it is time to take things in our own hands and be prepared for the worst case scenario. So thank you very much . We appreciate that. Mayor Wolosyn said thank you Chris . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 (a).) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (i). (c) Resolutions and Motions (i) RESOLUTION NO . 76, SERIES OF 2006 A RESOLUTION CREATING A RETIREE HEALTH PLAN FOR CITY EMPLOYEES TO BE ADMINISTERED BY THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC). Vote results: Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Englewood City Council September 18, 2006 Page 10 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to gather input on the City's proposed Budget for 2007 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened. Director Gryglewicz, being duly sworn , said I have provided the City Clerk with Proof of Publication of this Public Hearing that was in the Englewood Herald, September 1, 8 and 15, 2006 . The City Council received its 2007 Proposed Budget on September 11th . The Charter requires the Council to receive the budget by September 15t h and to hold a Public Hearing within three weeks of submission of the budget. Council will also hold a Budget Workshop on September 23'd in the Community Room at 8 :30 a .m . That is this Saturday and that is open to the public . As Council knows, the budget process begins early in the year. We usually have a Council/staff mini - retreat or workshop and we discuss the goals and priorities for 2007 . We did have that this year and the rest of the year was spent mainly with staff estimating revenues and putting their proposed budgets together . In your packet, you received a budget in-brief, as it is called . It is just a small little three-fold document. .. mainly highlighting the General Fund, because the General Fund provides the revenues and accounts for expenditures that include the Fire , Police, Public Works, Recreation, etc . Those are the main public services that the City of Englewood provides . For 2007 , total revenues are estimated, right at this point , at 37 .5 million dollars . The ma in revenue source that the City relies on ... to provide public services ... are the sales taxes . This year they are looking like they are going to go up a little bit more than normal, because the Englewood Urban Renewal Authority tax increment bond is ending next August. That is going to add about a half a million dollars to the budget. On the expenditure side , at this point in time , expenditures are budgeted at 39 .5 million dollars . Most of that increase is due to increases in wages , benefits and energy prices . Also , I mentioned earlier in the Study Session, that the Debt Service , which we did refinance ... they are called Certificates of Participation ... on the building and improvements on this site ... next year will increase , because we took the savings in 2006 . Fund Balance , for the General Fund for 2006, is estimated right around 18% of revenues and next year about 12 %. And as I said, the budget will be discussed more in full this Saturday at the Budget Workshop . I am available now for questions . Mayor Wolosyn sa id th is is primarily a time for Council to receive input from the commun ity . We w ill d iscu s s it on Saturday. She asked if Council had any questions . There were none . Mayor Wolosyn asked if there w as anyone else who wanted to speak during the Public Hearing . There was no one . COUNCI L MEMBER MOORE MOVED , AND IT WAS SECONDED , T O CLOS E T HE PUBLI C HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007 . Ayes : C ouncil M embers Ba rrentine, M ccaslin , Moore , Wolosyn, Woodward , T omasso , Oakley N ays : N one Motion carried and the public hearing closed . Mayor Wolosyn said thank you Frank and we will see you on Saturday. 11 . O rd ina nces, Res olutio n a nd Motio ns (a) Approval of Ordinances on First Reading Englewood City Council September 18, 2006 Page 11 (i) Manager Stitt presented a recommendation from the Community Development Department to adopt a B ili for an Ordinance approving the vacation of an alley in the 1800-1900 blocks between South Raritan and South Tejon Streets . He said the item before you is a request to approve an ordinance that would vacate a portion of right-of-way that is located in northwest Englewood and is bounded by West Baltic Place on the north, West Iliff Avenue on the south , South Raritan Street on the east and South Tejon Street on the west. This was presented to the Planning Comm ission upon an appl ication for vacation from the residents in that area . The petit ion that was received by the Plann ing Commission reflected 100% of the property owners in that area requesting the vacation . After a Publ ic Hearing , during which information was rece ived from staff , as well as from the residents in that area, the Planning Commission determined that it was in the public's Interest to vacate this right-of-way. There are no City of Englewood public utilities in the right-of-way. However , there are Excel Energy, Comcast cable and Qwest Communications lines in that alley and the recommendation from the Planning Commission was to vacate the alley and retain a 16 foot easement to maintain those other public utilities . Mayor Wolosyn asked if there was any discussion . Council Member Woodward said the photos ... specifically the ones that are showing it where it is really pretty and grassy there ... and then there is the other one where there is this horrible looking alley ... is the green the before? Mr. Stitt said I don't know exactly when these photos were taken . Obviously, the one in the upper right hand corner was taken in the Fall or Winter and the one in the lower right was taken probably this summer . The alley was ... as was stated in the staff Report , used for a number of years and then closed and reopened because a resident in that area had submitted an application for a garage permit, which was approved and since the alley had not been vacated , access was again reopened . Apparently , that resident has now moved and the new owners in that area have determined that the alley would be better closed than left open . Mr . Woodward sa id so the one with the grass and flowers certainly looks a whole lot nicer. And then, the only other thing , obviously I support this ... is that there is , I assume, an additional cost of adding curb and gutter. It says the grading maintenance cost. .. there is a sav ings we would have , but we would have a cost of adding curb and gutter according to the information provided . Is that correct? Mr. Stitt said yes , along the right-of-way on the east and west. Mr. Woodward said okay . Mayor Wolosyn asked if there was any more discuss ion . There was none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 37. COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR A N ORDI N A NCE VAC ATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO 1900 BLOCK , BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Counci l Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thanks Harold . (b) Approval of Ord in ances on Second Reading Englewood City Council September 18, 2006 Page 12 (i) Council Bill No. 35, an Emergency Ordinance approving regulations prohibiting sexual predators and certain sex offenders from establishing residency near areas where children congregate was considered . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO . 34, SERIES OF 2006. ORDINANCE NO . 34, SERIES OF 2006 (COUNCIL BILL NO . 35, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 7 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY THE ADDITION OF A NEW CHAPTER 3 , PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (c) Resolu tions and Motions (i) Manager Stitt presented a recommendation from the Department of Commun ity Development to adopt a resolution authoriz ing the extension of the agreement with La idlaw Trans it Services , Inc ., for operation of the "art" shuttle for 2007 . He sa id as you are aware , the shuttle is operating under a grant received from the Federal government under which DRCOG pays 80%, RTD pays 10 % and the City of Englewood pays 10%. We initiate the contract with Laidlaw to provide serv ices and the or iginal contract was negot iated for each of the three years and the years run from October through September and th is will be for the final year from , actually, October 1 si, 2006 through the end of September 2007 . The amount is $218 ,000 .00 and it represents an amount tha t was orig inally est imated in the or ig inal contract , so there is no increase , which is d ifferent than last years contract where fuel costs and add itional personnel costs we re factored in for a sli ght increase . Th is w ill cover ou r percentage of the operat ion and also prov ide for operat ion through the end of Sep tember ne xt year . Mayo r Wo losyn asked if there were any questi ons . Council Member Woodward said this has been really valuable . Something that has been really valuable in the community and I hear a lot about it from people on both sides of Broadway ... the art shuttle and how nice it is to have it ava il able to them . And also, the minimal increase in cost from last year to this year ... I think they figured it was not even one and a half percent. .. that's great. COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i ) -RESOLUTION NO. 77 , SERIES OF 2006 . RESOLUTION NO. 77 , SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTTLE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES, INC . AND THE CITY OF ENGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CIRCULATOR SHUTILE FOR 2007 . Vote results : Ayes : Council Members Barrent ine, Mccaslin , Moore , Wolosyn , Woodward, Englewood City Council September 18, 2006 Page 13 Tomasso , Oakley Nays : None Motion carried . Mayor Wolosyn said thank you Harold . It is a valuable serv ice and I hope we can cont inue it beyond th is ne xt year. 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to ask Council to approve my attending the Urban Land Institute Conference here in Denver. I th ink it is 500 and some dollars for a local offic ial. I serve on DRCOG , which is involved in a lot of these issues . It is here and it is something that I've always wanted to do and we don't have any travel expenses, so it seems like a great opportunity. Council Member Tomasso said I would also like to attend that conference . Mayor Wolosyn said it is $495 .00 . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE MAYOR WOLOSYN'S ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE. Mot ion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER TOMASSO'$ ATTENDANCE AT THE URBAN LAND INSTITUTE CONFERENCE . Ayes : Nays : Abstain : Motion carried . Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodwa rd , Oakley None Council Member Tomasso Mayor Wolosyn sa id I apolog ize for not absta in ing . (ii) Mayor Wolosyn said under the liquor license issue , we , at th e last C ity Council meet ing elected to add ress this ... ju st th e act ual laws in exi sten ce ... at a fu tu re Counc il meeting and I bel ieve we hav e it down for November 20 1 h . And we have that because of a heavy schedule and various Council people have asked for information about distance. So, we will be addressing that in the future . (iii) Mayor Wolosyn said the other issue I would like to address is the 60 foot frontage . believe it stated 30 feet per unit. I wo ul d like to sa y that the Community Development Department did ask us to change that for the en t ire C ity an d havin g been part of that disc ussion wh en we moved that la w ... it was par t of Council's goals of trying to es tabl ish more single family housing sto ck for sa le in our community . That sai d, I think Community Development agreed that perhaps the way they stated it to us was too broad, they were going to try to shape the issue differently and bring it back to us in the future . And right now , we are on the brink of having discussions about the neighborhoods around South Broadway and also around Swedish . And I think that this issue also pertains to issues that will come up there . We will be addressing this in the future, but it will be after this process and we have more information . Some of points you made were well taken and they will be a part of that discussion . I appreciate that. (b) Council Members ' Cho ice (i) Counc il Member Barrent ine : Englewood City Council September 18, 2006 Page 14 1. She said I wanted to acknowledge the Englewood Days . It was a successful event. A lot of people worked very hard on that. Chris Duis is here ... he was in charge of the Car Show , Bob Farr is did the vendors , Doug Cohn worked tirelessly on organizing that event and I was just impressed with the way the community pulled together. It was a fun event. It was well attended . The merchants enjoyed it , I enjoyed it , Positively Englewood was able to , as a fund raising base for that , make some money for the scholarship program for the Parks and Recreation Department and it was just a very impress ive event. I wanted to thank the Public Works Department , Community Development, Chris Olson and his Pol ice Officers and wh ile they assured me they had a wonderful time and it wasn't really a bad duty for a Saturday , we appreciated that support in having them there . The City came forward to partner with this, but it truly was an event put on by the citizens and I appreciate the work and effort that so many people did for that. 2 . She said I had the pleasure of going to the Liquor Board meeting and I had stated previously that I d id not re-up to sit on the Liquor Board . I sat on the Liquor Board for 8 years and believed that I was an objective representative of the community , willing to listen to the evidence and not make any predeterminations on the license coming forward . When I found out that this license was coming forward , I already knew how I felt. I was in the boundaries of this liquor license and I am also the District Ill representative elected official for that area and I knew how I felt. I didn 't think it was appropriate for me to stay on the Liquor Board , because I wanted to represent my constituency and oppose something that I thought would have a terrible effect on the community . I went around ... ! had the opportunity at Englewood Days ... to go and talk to a lot of people on South Broadway , a lot of residents and a lot of businesses . And , they were not for this . When I testified last Wednesday ... ! was testifying on behalf of that constituency and not just myself ... also, myself, but also the constituency that had made it very clear to me that this is not what they wanted in their community . Another liquor store two blocks from the Liquor Barn . They didn 't need it , they d idn 't want it. They expressed that. Over sixty people were there and it was inappropriate the way that they were treated . I would li ke to say that they exagge rated , but t he y d id not. They were dismissed . They were not treated with courtesy People were cut off. Misinformation was given several times that the school issue was a moot point , that that didn 't matter . It confused people who were trying to testify and several of them were cut off. When someone is testify ing as to their needs and desires and they believe that , that ought to be heard and they say that they think the liquor store is too close to a school. .. actually three schools ... that is valid on its own, for their needs and desires . It was inappropriate for it to consistently come up that it was a non-issue ... nor for the attorney to have been interrupted , when those issues came up as well . She said I have a concern , as we go into Community Development issues, a lot of the clean- up that happened up on North Broadway, encouraged people to open up the ir wallets and invest in North Broadway when the Day Labor places went out , when the restrictions went in on tattoo parlors , and the check cash ing places . It opened up that environment for investment to go in there and now you 've got a Panda Express , UnD ic i, Old Dubl ine r o r the Truck Stop . You 've got millions of dollars of investments go ing in , be ca use the C ity showed a p ure intention of what the direction should be for that community . I am saddened to see my area of town, then , become the d ump ing gro und fo r some of th is act ivity . Th is is not what that c om m un ity wanted . I was further dismayed to find out that this has been tried before ... that a liquor license tried to go in that area 14 years ago and they didn't want it then either . Citizens won out at that time and I was saddened to find out that the one vote , at that time , with a commun ity outcry not to have that license approved ... and it wasn 't. .. the only vote for that liquor store , in the 3900 block , 14 years ago , was Ron Lunders . And 14 years later , again, I saw people be ing ignored when they asked for their community not to have another liquor store . Like the Principal from Clayton , he represents a scho ol, he represen ts his constituency, he speaks for himself but also , as a profess ional, for the community that he serves and the educa t ion field . And he is right , there are three schools right in that area . I tried to represent my communi ty . I felt just as unheard as the people who spoke here tonight and believe that there should be some effort and some time put into looking into our Boards and Commissions and how they address citizens and how they uphold their duties . That is all I have to say about it. Oh , and I did bring up at the Study Session last Monday, about poten tially having Council look at setting lim its on the distances between liquor stores . I am very pro -private property rights . I don 't th ink it is in the best interest of the C ity to try and set everything by Ordinance and regulations . Unfortunately , we have a stop -gap in place already and for that liquor l icense it was for the c itizens to be able to be heard ... if that is not go ing to be li stened to , if that check and balance isn 't going to be available to the const ituen cy , to the ci tiz ens of this c ommunity , the n it leaves no cho ice than to look at alternat ives of trying to set ord inances in order fo r tho se citizens to be heard . That's it. Englewood City Council September 18, 2006 Page 15 (ii) Council Member Mccaslin : 1. He said I would like to thank Community Development and Harold Stitt. We worked household hazardous waste Saturday ... I only worked three and a half hours , but the compl iments we got from the people com ing up and bringing their hazardous waste was unbelievable . They were praising and thanking us and you know , thank you for having this day . It was just nea t. This is the first time I have ever been able to do something like this, because I was just elected in November. I appreciate Harold and your time and effort . You guys in Commun ity Development do a great job . Thank you both . But like I said, all the comments were positive . 2. He said this thing on South Broadway ... when we formed the BID, I asked why ... whatever happened to the people south of Hampden? You know they were concerned about the people north of Hampden and they said well we are going to work up to the end . And so , I've been concerned about ... of course, I grew up in Englewood , my parents have been here 57 years, so I was concerned about the south end. I sa id well you guys are taking care of the north end , what is happeni ng to the south end? So like the young lady said , she has some concerns and so do I, so hopefully we will address those concerns . I appreciate your speak ing tonight. 3. He said in talking to employees of Englewood , I have heard some rumors and speculation that we were looking into changing our 24 hour shifts for firemen to 48 hours . And as this was brought to my attent ion , there have been a couple of great TV articles about how this is going to put a liability and stress on the employees and really make it tough . I don't know where we are in th is process , but I would like to hear some update on that. To me that is a b ig concern . 4. He sa id we talk abou t all the bad th ings ... yo u know our divo rce rate in soc iety is about 50 %, 48 % or whatever it was ... but last night I attended a 50 1 h ann ive rsa ry party for Wayne Oakley, who is one of our Coun cil members , and I'll tell you what , it was a great event. We need celebrations like this in our community . Too bad he couldn't open up the whole City of Englewood , but it is pretty expens ive . I really appreciate the people who showed up and I had a great time . Thank you . (iii) Council Member Moore : 1. He sa id in the letter from RTD , the fa re that they are mention ing , the $1 .50, was that contemplated as part of th is project? City Manager Sears sa id no , it wasn 't contemplated . Mr. Moore sa id I mean the success of the project. .. it is go ing to be tremendously affected by th at. I don 't understand why that is coming out of th e bl ue. Mayor W olos yn said I guess I will add that Engl ewood has two representatives on that Board, don't we , the north end and the south end? So, we have a lot of influence and Council should probably put some letters in about how valuable it is . Mr. Moore said I thought it was intended to operate more like a circulator shuttle . Mayor Wolosyn said that's right , it is . City Manager Sears said we just received that today and we had not received any preliminary information about that. .. that that was the direction they were going to go . We will do some follow up and certainly we should be a part of the discussion or the decision making they have and where they go . Certainly going from zero to $1.50 ride is going to have a huge impact . We will do the follow up, thank you . 2. He said in respect to the liquor license issue . I can 't wait until November 20 1 h to talk, Olga . Our City government gets a terrible black eye when our citizens feel this ignored, even if the outcome in this thing is right. Obviously, the process is flawed when the citizens don't feel like they are getting a fair shake. Now, what if they are not getting a fair shake in this? Is there any ... and I think I am directing this to Dan ... is there any immediate action we can take with respect to this situatlon? .. Or by the nature of the independence between that Board and ours ? Is there no intervention that we are capable of? City Attorney Brot zman sa id your only role w ith th is Board is to appo int th is Board . Englewood City Council September 18, 2006 Page 16 Mr. Moore said okay , let's just assume that this 500 foot issue ... let's just assume for discuss ion ... that they were flat out wrong . Mr. Brotzman said on that issue? Mr. Moore said yes . City Attorney Brotzman said if it was the measurement issue, that could be overturned and we could take care of that. Counc il Member Moore said by who? Mr . Brotzman said that actually is through the court process . We would resolve it there . He said aga in, that is not a Council issue ... that is the court process issue . An appeal from this goes directly to District Court and the answer is, if it was measured incorrectly ... l have to qualify this , it wasn 't. .. but , if it was measured incorrectly we would simply agree that it was measured incorrectly . The problem with this and what Council Member Barrentine has requested ... is looking at a zoning process outs ide of the liquor code process . The Liquor Code has a very specific methodology of how to measure this . Community Development did that ... it is over 500 feet. The Liquor Code provides that you can extend that through a zoning process . You can do other things through the zon ing process . That is what is coming back to you . What we are going to be giving you, as Council requested, they are plotting all of the liquor stores, GIS wise , so that you can see what those measurements are . Mr . Moore said I am not interested in other law changes right now . Mr. Brotzman said right. Mr. Moore said what I am interested in ... is it a fair process? You have adequately answered that the 500 feet is not measured as the crow flies , so that is fine . Mr. Brotzman said right. But, Mr. Moore said, there are many other issues that have been raised in this . Mr. Brotzman said and the answer is the appeal from Liquor Board goes dir ectly to District Court. Mr. Moore said who has power to appeal? Mr . Brotzman said any aggrieved party, mean ing any of the cit izens who were at that hearing can appeal. Mr. Moore said can the City? Mr. Brotzman sa id if you desire to appeal, yes you could . But the standard, however, is , was the Board arbitrary and capricious in the ir decision . Mr . Brotzman said that is almost an impossible standard to w in . Mr. Moore said that is concerning. We have the ability to appeal if we so desire, as a City , aga inst our own Board . Mr. Brotzman said yes . Mr. Moore said the time frame for doing so? Mr. Brotzman said you would be do ing that tonight. Mr. Moore sa id what is the cost of doing it? We have an issue here . If we have the ab ility to stop a wrong ... the problem is we haven 't had a chance to evaluate whether or not the re is a true wrong here ... but, if acting tonight preserves our ability to evaluate this ... Mr . Brotzman said and you are setting up a very , very unusual process , because what I have to tell you is that if the City appeals ... your having my office on both sides of the law suit. .. because Dugan Comer represents the Board ... so they make a decision that he would have to defend . That is why you have the City Attorney's office rep resenting the Liquor Board . So, you would actually have to hire outside counsel to appeal that. Mr. Brotzman said I would recommend ... Mr. Moore sa id I am not asking for a recommendat ion yet. This license is permanent. Mr. Brotzman sa id yes . Mr . Moo re sa id it goes w ith the property . Mr. Brotzman sa id no . Mr. Moore sa id you have to ma inta in it , bu t if ... Mr. Brotzman sa id no , if they want to transfer it there is actually a process to transfer a liquor license , as well ... so th e y wo ul d have to get perm iss ion to tran sfe r. Mr. Moore said bu t th ere isn 't a re newal ? Mr. Bro tzman sai d as long as this company is there and these owners are there, there are various process ... meaning that you actually have to register the people that work there , the owners have to be the same, you can't change the corporate structure without going to the Liquor Board and getting that authorized again . Mr. Moore said if I were a betting man ... l have an eight year member of the Liquor Licensing Authority over here and has been through th e process, diligently partici pated before ever being on Council. I have numbers being presen ted by the citizens tha t are gross ly out of w hack in terms of against this. I can't fatho m how this was the right decision . I am trying to reca ll. .. w e had a cl ose r on e, bu t I had us talk about four or five years ago ... but in that case I think the numbers were at least in the ballpark ... the majority was against it, but at least there was a significant minority . Council Member Barrentine said actually I sat on that one and there were around ... there were under 20 people of came to oppose that license , but the petition process was well in the 90 's in favor of it. This one had an opposing petition process that showed 43% .. .first of all , I would like to say that I've been on the Liquor Board , not one t ime has a survey company been paid and not come back with the majority for what they got pa id for . So the petition process ... and I'm not saying that anybody does anything inappropriate ... but the petition process , like a lot of things in life, you get what you pay for . If you send somebody to oppose it, they come back with an , Englewood City Council September 18, 2006 Page 17 oppos it ion . If you send somebody in favor of it , in the e ight years I have never seen somebody be pa id for a petit ion and not come back with that their s ide should have what they want. But in that case, you had the surrounding area ... over 90% wanting it and you had maybe about 15 to 18 people who came out in oppos ition to it. I had only one time ever seen that many people in here and that liquor license was turned down ... it was for over at Girard . There are only three that I have sat on and that's ... the change of corporate structure , those things are rather business procedures , those go through ... you never have anyone show up. The three times we have had people show up, this was a large number of people with the petitions not over whelming and that is why I had the concern that I did . Mr . Moore said do we know if any other part ies are filing an appeal? Mr . Brotzman said we have heard that Mr. Tisch is contemplating doing so . I have to tell you though ... arbitrary and capricious means there was no evidence presented that they could approve the liquor license . Now, you heard there were people there that were in favor of this . Whether you agree or not, the person who gets to decide that is actually the Liquor Board . You may disagree whole heartedly with how the process went , but if there was any evidence presented , the chances of w inning are slim to none . Mr. Moore said that is the basis for your advice to let it go . What is our ability to unseat the Board? Mr . Brotzman said you have appointments every year. .. that is up to Council. Mr . Moore said the Board members terms are two years , four years? Three years~ .. do we have to wait until a term is complete? Mr. Brotzman said the answer is yes or the only other piece that you have are absences . Mr. Moore sa id I do hope the audience can appreciate the handcuffs that have been placed on us . Council Member Barrentine said I would only ask one other question . All the decisions that were made were made based off of needs and des ires . Then the City has nothing to do w ith that criter ia? Mr. Brotzman sa id t hat cr iter ia , no . The cr iteria that you have asked us to look at , wh ich is a zon ing issue, which is distancing ... Ms . Barrentine said no , I am not talking about what we are going to do in November. I am talking about what John is talking about right now. That the decision that each of them made was stated that it was made based off of needs and desires . I don 't understand how it has to be capricious and .... Mr . Brotzman said that is the standard to overturn the Liquor Board . So, if there was any evidence presented to them, they weigh the evidence . A judge will not set aside your c itizen appointed panel , unless it was just so erroneous that they couldn't or shouldn 't have ever found tha t. That is not we ight of ev idence , that means no evidence ... there wasn 't anyth ing before them that they could have looked a t and said ... there is a need and des ire . Ms . Barre ntine sa id we had a c itiz e n that p resented a petit ion process as well , and some of the processes w eren't hand led the same as they had in the pas t. I would go with John . I'm concerned about leav ing a Board in place that is th at-in-yo ur-face about no t li sten ing to people ... not hear ing them ... leaving them with that kind of impression . Mr. Moore said my disgust should be apparent. I hope, if nothing else ... we have two actions that we can take . One of them is to remember this when we are considering reappointments . Second, we can look at changing the law to mandate the space requirements, right? ... through zoning . The third is I would like to, again ... in fairness to the process and accepting my own personal ignorance of all the rules, if Council is on board with this ... I would like to understand this better because right now I have the feeling that this was a flagrant disregard for the way the rules are set up . And I know, it can't be that bad . Ma ybe in the November 201 h session, I wo uld like to understand that there is some scenario where this was fair . Mayor Wolosyn said I think the fact that we are going to address the possibility of changing that , I, myself, wanted to have the whole ordinance structure examined , because we are going to propose changing ... solving a perce ived problem by doing this, that unless we understand the whole process, I don't think we are in the pos it ion ... so to me , it is part of the discuss ion . Council Member Moore said and Dan , a lot of that is dictated by State law, right? Attorney Brotzman said yes , we have adopted the State Liquor Code and that is ... Mr. Moore sa id like the arbitrary capricious standard , we c n't change that , that is State. Mr. Brotzman said that is correct. Englewood City Council September 18, 2006 Page 18 Council Member Barrentine said it is my understanding that they will need to look at the Executive Session tape, which is something that the audience and myself are not privileged to , to know what went into the decision making process ... that that tape, if requested, would go to a Judge and they would take a look at that and if there was disregard ... the potential is there for them to make a determination on the instruction, especially given to a new member ... both legal and experience given by other members and for them to decide based on their conversation ... whether they ignored that. .. needs and desires can still play into it, I guess . (iv) Council Member Oakley: 1. He said I too would like to understand the process better . I feel anything we can do in the future, we need to do, but for now, I would defer to Dan's advice . 2. He said in regard to Bob's comments about my 50 1 h wedding anniversary , last night, I would like to say, that we were able to rent the facilities at the Malley Center and the employees were very professional and treated us very nicely . It is a very nice room and I would recommend to anyone in the community that has an affair like that, to keep the Malley Center in mind . 3. He said going back to last week when I was a little passionate about graffiti in our City, I noticed this week that Denver has put in their budget a special cleanup crew like I had suggested last week . I think that Chris had said that he had some things along those lines in mind and I would like to see us pursue that in the future . (v) Council Member Tomasso : 1 . He said I want to thank the merchants for the wonderful car event they put on and all the effort they put into that. It really made the City look good . Also , all the City staff that contributed to that. I know the City made an extra effort to make that work really well . 2 . He said we received a report on the number of crimes per motel. What I would like to get now is the number of rooms per motel, so we could get a percentage of which ones are creating the most problems ... based on the number of rooms or clients they have per night. So, the two would make sense and we could try to compare that. 3 . He said I also noticed the house , where we closed the street at Bates and Clarkson ... the house they just built next to Bates and Clarkson ... was on a 75 foot lot. They subdivided the lot into two houses . The first house is built and it is lis ted as $879 ,000 .00 and they are about to build a second house on that property . There is also a house four blocks away that has been scraped ... they are digging a new basement. I suspect that one will also be about an $879,000 .00 house. So, that is another direction for the City to go ... for development. It might not be a duplex at $600 ,000 .00 , but it might be a single family house for $600,000 .00 on a 50 foot lot. They don't all have to be $879,000 .00, but $600,000 .00 is kind of nice too . (vi) Council Member Woodward : 1. He said I want to congratula te Wayne and Jeannie on their 50 1 h wedding anniversary again . So, congratulations from me too on that. 2. He said the rest I have are kudo type of things . Mike Flaherty, Leigh Ann Hoffhines , Don Ingle and the IT Department have been chosen as a finalist in the City and County Communications and Marketing Association 's Savvy Awards competition for the City of Englewood's new web site and I just want to compliment them on that and acknowledge that they have done, obviously, a great job on that. 3 . He said I would also like to acknowledge Rocky Mountain Urgent Care who ... according to our Council Newsletter ... is providing f inancial support to youth In-line hockey, basketball and baseball leagues through the Parks and Recreat ion Comm iss ion ... Dave Parks helped put that together . Rocky Mounta in Urgent Care is a Englewood City Council September 18, 2006 Page 19 business that has been in Englewood for about two years now and they have been a real supporter of community events and this is just another one of those . So kudos to them 4. He said then lastly, to City Manager Sears for 35 years of being in the business of City Management. Congratulations! There was applause. Mayor Wolosyn said congratulations Gary. 13. City Manager's Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report (a) City Attorney Brotzman said you received correspondence from Trina Everhart from Safety Services regarding the return of our police radios . The conversations and the correspondence have not been fruitful, so I am seeking a motion to pursue suing EF Johnson for return of the funds . Council Member Woodward said I would like to make that motion . Based upon our discussions back when we started having problems with these radios and back then, I think, we had discussed that there were some other communities within the State that also had problems with the same radios. So, absolutely, I think they need to step up and make a refund. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE TO PURSUE SUING EF JOHNSON FOR RETURN OF THE FUNDS. Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None 15 . Adjournment The meeting adjourned at 9 :14 p .m . i. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, September 18, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. J:[; '7 ~ Invocation.~ Pledge of Allegiance.~ RollCall.tl(/~ lf~u/~k-I~ '7 a) Douglas Garrett -i ntroduced Miller Weingarten Exec VP John Loss b) John Loss. Sheridan Redevelopment . . . [Unscheduled Visitors. 7 (c) through (o) disc ussed Liquor Licensing Authority 's approval of a new liquor store] c) Gary Tisch · d) Jon Liberman e)lraWier n Ellen Roebuck Cole g) Brag Cole h) Paul Hendricks i) Linda Hendricks j) Annette Story k) Norma Wier I) James Beadl ing m) Dan Duncan n) Jennifer McKee o) Jonathan Fore 5. Consideration of Minutes of Previous Session. Minutes from the Regular City Council meeting of September 5, 2006~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Kevin Dixon and other Englewood homeowners will be present to discuss R2 zoning. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes Time for unscheduled public comment may be limited to 45 minutes and if limited shall b 8 . continued to General Discussion.) Communications, Proclamations, and Appointments. Proclamation in honor of Bishop Elementary School 's 50'h anniversary.~ Proclamation designating September as National Preparedness Month~ 9. Consent Agenda Items . a. Appro al of Ordinances on First Reading. ff Englewood City Council Agenda September 18, 2006 Page 2 10. 11. b. C. Approval of Ordinances on Second Reading. Resol.£:' and Motions. Recommendation by the Human Resources Department to adopt a Resolution authorizing the proposed Retiree Health Savings Plan . STAFF SOURCE: Sue Eaton, Director. ~ Public Hearing Items. ltf?t/?~ ~ 11) ~..li).,ff'!f:::.. a. Public He:1rilJ$. to,iather input on the City's proposed Budget for 2007. ~ PRAAJ~eY&,lUIJ/lZ-~ -i,;-~ ?-o ~h,1tf1/_/A/~: Ordinances, Resolutions and Motions. ._/[,/1/r--~ --· ............,-~ a. Approval of Ordinances on First Reading. i. Council Bill No. 37 -Recommendation from the Community Development Department to aaopt a Bill for an Ordinance approving the vacation of an alley in the 1800-1900 blocks between South Raritan and South Tejon SJr.~ts. ~TAFF ~ SOURCE: Harold Stitt, Community Development Manager. ~ b. Approval of Ordinances on Second Reading. j i. Council Bill No. 35, an Emergency Ordinance approving regulations prohibiting 1h J LJ..3 sexual predators and certain sex offenders from establishing residency near areas U tt!vJ;x;J '7-0 where children congregate. ~ ,~ c . Resolutions and Motions. Recommendation from the Department of Community Development to adopt a resolution authorizing the extension of the agreement with Laidlaw Transit Service s, In c ., fo r operati o n of th e "art" shuttle for 2007. STAFF SOURCE: Harold J. Stitt, Community Development Manager.~ 12. General Discussjon. a. Mayor 's C hoice. b . Council Members ' Choice. 13 . City Manager's Report. App 'd 7-0 Wood ward moved to approve Council Member Wolosyn 's attendance at the Urban Land Institute Conference App 'd 6-0· 1 Oakley moved to approve Council Member Tomasso 's attendance at the Urban Land Institute Conference (Abstain Tomasso) e notify th e City of Engl wood r n ded . Th nk you . Englewood City Council Agenda September 18, 2006 Page 3 14. City Attorney's Report. City of Englewood v. EF Johnson. ~ 15. Adjournment. 9:fc/-~ Pl ase note : If you have a disability and need auxiliary aids or services , plea notify the City of Englewood (3 03 -7 62 -2 407 ) at I ast 48 hour in ad ance of when services r n d d. Thank ou . ; . 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, September 18, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. ]~ [; '7 ~ Invocation.~ Pledge of Allegiance .~ Roll Call . at/~ A-f:Ju/lJ~ Jn:-M '1 a) Douglas Garrett -introduced Miller Weingarten Exec VP John Loss b) John Loss -Sheridan Redevelopment [Unscheduled Vis itors . 7 (c) through (o) discussed Liquor Licensing Authority 's approval of a new liquor store] c) Gary Tisch • d) Jon Liberman e)lraWier ij Ellen Roebuck Cole g) Brag Cole h) Paul Hendricks i) Linda Hendricks j) Annette Story k) Norma Wier I) James Beadling m) Dan Duncan n) Jennifer McKee o) Jonathan Fore 5. Consideration of Minutes of Previous Session . Off>d?-rJa. Minutes from the Regular City Council meeting of September 5, 2006~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Kevin Dixon and other Englewood homeowners will be present to discuss R2 zoning. 7. Recognition of Unscheduled Public Comment. (P lease limit your presentation to five minutes Time for unscheduled public comment may be limited to 45 minutes and if limited shall b 8. continued to General Discussion.) Communications, Proclamations, and Appointments. Proclamation in honor of Bishop Elementary School's 50111 anniversary~ Proclamati on designating September as National Preparedness Month~ 9. Consent Agenda Items . a. Appro al of Ordinances on First Reading. ff Englewood City Council Agenda September 18, 2006 Page 2 10. 11. b. C. Approval of Ordinances on Second Reading. Resol&n:' and Motions. Recommendation by the Human Resources Department to adopt a Resolution authorizing the proposed Retiree Health Savings Plan. STAFF SOURCE: Sue Eaton, Director. ~- Public Hearing Items. ~~~1,;J~.tiv~. a. Public He,ari~ to,iather input on the City's proposed Budget for 2007. ~ PKAAh::_1::,,eY&,LUt)/tZ--~ ~ ~ ')~ ~b~/.IJ.~-r Ordinances, Resolutions and Motions. ._/{_,f{,(,r--v--_, .........,.,<,A.-Q a. Approval of Ordinances on First Reading. i. Council Bill No. 37 ·«ecommendation from the Community Development Department to adopt a Bill for an Ordinance approving the vacation of an alley in the 1800-1900 blocks between South Raritan and South Tejon SJr.~ts . ~TAFF , SOURCE: Harold Stitt, Community Development Manager. ~ b. Approval of Ordinances on Second Reading. i. Council Bill &. 3S,.;an Emergency Ordinance approving regulations prohibiting sexual predators and certain sex offenders from establishing residency near areas ~/ '7-0 where children congregate. ~ ,,~ c. Resolutions and Motions. Recommendation from the Department of Community Dev elopment to adopt a resolution authorizing the extension of the agreement with Laidlaw Transit Services , In c., for operat ion of the "art" sh uttl e fo r 2007. STAFF SOURCE: Harold J. Stitt, Community Development Manager.~ 1 2. General Dis cussion . a. May or's Choi ce. b. Coun ci l M emb e rs' C ho ice. 13 . City Manager's Report. App 'd 7-0 Woodward moved to approve Council Member Wolosyn 's attendance at the Urtian Land Institute Conference App 'd 6-0-1 Oakley moved to approve Council Member Tomasso 's attendance at the Urtian Land Institute Conference [Abstain : Tomasso] Englewood City Council Agenda September 18, 2006 Page 3 14. City Attorney's Report. City of Englewood v. EF Johnson. ~ 15. Adjournment. 9; fc./ ~ - PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: SEPTEMBER 18, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES TOPIC C~ ~...-o o,,O,, C C2> ~+--1-...L.J.....l!:=:....::::::....~....::.......!.=--------::....4---,!,,.~~~~~~~~/)~c((Jv!/vf/ij, \"°r lie..~ /~ C!Vt'N.c~ A~ G'v/. ci~,i<l. ~~ - NAME ADDRESS TOPIC ( 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 5, 2006 • The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley , Mccaslin, Woodward , Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Court Administrator Wolfe Senior Planner Langon, Community Development Manager Stitt, Community Development Director Black , Parks and Recreation Parks Supervisor Kottwitz , Parks and Recreation Police Sergeant Watson , Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Fox , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 21, 2006 . Ayes : Council Members Barrentine, Mccasl in, Wolosyn, Woodward , Tomasso , Oakley Nays : Non e Abstain : Council Member Mo ore Motion carried . 6 . Recognition of Scheduled Public Comment (a) Englewood Safety Services Director Olson said what I would like to do first of all is ask that Kraig Stovall , our Frre Division Training Chief, please step forward and join me up here . This is really an honor for m to b able to present Ch, f Stovall with what is called the Executive Fire Officer certification for the Englewood City Council September 5 , 2006 Page 2 National Fire Academy . This is a really important program ... it is a real d isti nct honor because of what is involved ... wh ich is , literally, four years of go ing back to the Fire Academy for two weeks at a time to a graduate level course back there and then after each one of these classes , he is requ ired to , basically , do a thesis ... a report , a very extensive report ... which is reviewed by some pretty high level people in academia to see whether he passes those courses or not. So, it is a very extensive four year program and very difficult to ach ieve . Prior to Chief Stovall gaining this, there was only one other person in the City of Englewood 's Fire Department history who has achieved th is and that was myself , about 13 years ago . I just looked at h is certificate here , wh ich I a m going to grab . Now my certificate was about one third the size of this , so they have really improved the program . Then again my program only lasted three years. There are very few people in the State , let alone the Country, that have actually achieved this program, because it is very selective to get into it. And , Kraig literally did a fantastic job and got excellent grades on all of his reports and as usual, did a very thorough job of ach ieving this very select award that he has received . So , again , th is is a very select group throughout the country , of Executive Fire Officers ... a high level of achievement. I would like to read what the certification states ... mine you can hardly read, but this one is a little more readable . It says , "From the Un ited States Fire Administration National Fire Academy" ... and this is under now the Department of Homeland Security and FEMA , so it is just evolved under many different groups ... but "in recognition of successful completion of the requ isite courses of study and applied research projects , the National Fire Academy under the authority granted by the 93rd Congress of the United States of America and on recommendation of the facu lty, confers the title of Executive Fire Officer upon Kraig S. Stovall with all honors, privileges and responsibilities thereon " signed this 1 ]1h day of March, 2006 ." And it is signed by the Superintendent of the National Fire Academy and the Administrator of the United States Fire Administration. So, I think from all of us and his fellow firefighters who are out there and Kraig's family out there as well , I think this is a fantastic honor and we just wanted to do this in front of Council , because this has not happened very often ... and actually this is the first time in front of Counc il tha t this award has been presented to one of our fine employees . He has been w ith the City now fo r 26 years w ith many more to come. Director Olson sa id so Kraig , congratulat ions . Ch ief Stovall said thank yo u. Mayor Wolosyn said congratulations Kraig . There was applause . Ch ief Stovall said I am kind of humbled to see all of my compatriots out here tonight and I just want to thank them all for coming and for honoring me . I want to thank Director Olson and Division Ch ief Mike Pattarozz i and also former Division Chief Kieth Lockwood who gave me their support and encouragement through this four year process . I appreciate the honor that you have bestowed upon me tonight. It wouldn 't be fitting to accept this honor without honoring my Lord and Savior Jesus Christ who gives me strength and all the abilities that I do have to do th is job . I also want to thank my family , without whose support and encouragement I wouldn't have been able to accompl ish th is task . And I want to thank you all for the privilege of serving th is commun it y and serv ing w ith these fine men and women as a member of the Fire D ivision of Englewood . I also want to take ju st a momen t to encourage you in your circles of influence to support the National Fire Academy . Year by yea r they se em to struggle for budgetary support and , in fact , many times they are slated fo r, bas ic all y , budg etary execution , if you will, and for whate ver opp ortunity you have to interact w ith our State Representatives and Senators to encourage them to continue to fund this program . There is no finer education that we can send our people back to get...and at virtually no cost other than just supplying food for two weeks for our people . They provide our air fare, they provide our lodging and the training is free through some of the finest instructors and trainers in the Fire Service in the country . So , again, it is a real privil ege to be here before you . I am honored to be able to recei ve t his in front of you and it is an ho nor to se rv e yo u. T hank yo u. Mayor Wolosyn said thank yo u . There was applause . 7 . Recognition of Unscheduled Publ ic Comment (a) Doug Cohn , a resident of Englewood, said you all are going to consider an emergency ordinance amending Title 7, prohibiting residency of sex offenders . The vote on that is on a first reading tonight. I read that over the weekend and I have some concerns . I completely agree with what this law in intended to do , but there is a gap ing hole that needs to be addressed before you put it into law . The law seems to be directed at landlords and people gett ing ready to sell their houses, in addition to the people that you are actually aiming at. I guess I have several quest ions . For the convicted sex offenders ... as they decide whethe r to come to Englewood or not. .. landlords and people selling their houses ... how are we going to know whether these folks Englewood City Council September 5, 2006 Page 3 are on the list? What directions are you going to give us as landlords and home sellers? What are we expected to do to not find ourselves in violation of the new law? What are our responsibilities as landlords and sellers? Are we going to have any responsibility? When I looked at the map in the packet, it looks like there is about three acres along the South Platte River that isn't covered by the ordinance and the homeless guys already have that piece . So it looks like the whole rest of the City is going to be covered by the ordinance. I have a little apartment house over on Girard and Grant and I am wondering, as I have prospective tenants , how am I going to know whether these folks are on a list any where? Do I call the Englewood police? Do I call the CBI for a CBI check? Are you all going to incorporate in the ordinance , either the allowance for or the requirement , that any prospective tenant bring with them an NCIC report as part of the application packet? I guess I am feeling, as a landlord , a little bit exposed here . If somebody ends up in one of my apartments who is from somewhere else who neglected to check in with his probation officer , and he ends up in one of my apartments, what kind of a liability do I have? All of these kinds of questions just aren't addressed in the ordinance at al l. What happens if a tenant commits a crime while he is living in Englewood? What is my responsibility as a landlord to monitor the activities of my tenants? What if the crime becomes known after the guy has moved in? One of the problems, if a prospective tenant comes and I accept the money for the first months rent and then we discover that he is one of the perpetrators, it is real hard for me to throw him out, with all the tenants rights these days, so I've got a fellow in my apartment who is on the list and there is nothing I can do about it. I guess I am concerned about these kinds of things that didn't seem to be at all addressed in the emergency ordinance that you guys are considering tonight. I guess I would urge you, if the sellers of homes and l andlords are not going to have any responsibility ... you need to say that real clear ... and if we are going to have some responsibility, it would be real handy to know what those responsibilities are . Just one last point, in kind of the record keeping of the whole thing : the house next door to me is on the sex registered list as a house where a predator lives and nine years ago there was a fellow who rented the basement for about six months who was convicted of being a sexual predator. He rented it from the previous owner of the house . Five years ago, a brand new family moved into the house and the house was still on the list and these folks are now getting an increasing amount of harassment from folks who perceive that the people living there now have something to do with this guy who was there nine years ago and was there for six months . I guess my question to you in this matter is ... what can you all do to fix this record keep ing problem that my neighbor has? And what can be done in the ordinance to ensure that mistakes ... I'm not exactly sure if you would even call this a mistake and the guy was there nine years ago and he did live there for six months ... but when the records are out of date , how are they going to be cleaned up? I appreciate your time , thank you . Mayor Wolosyn said thank you . Questions relat iv e to the ordinance will be addressed when we reach that agenda item . Mr. Cohn said okay , thank you . 8 . Communications , Proclamations and Appointments (a) A proclamation designating the week of September 17 through September 23, 2006 as Constitution Week was considered. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 8 (a)· A PROCLAMATION DESIGNATING THE WEEK OF SEPTEMBER 17 THROUGH SEPTEMBER 23 , 2006 AS CONSTITUTION WEEK . Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I chose to put this on the agenda , because I th ink that the United States has an elegant and effective Constitution that we should all read from time to time and try , I think , to emulate when we , ourselves , make policy. Vote results : Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley None - Englewood City Council September 5, 2006 Page 4 Mayor Wolosyn asked if there was anyone here to accept the proclamation . There was no one . She said we will see that it gets to the proper person . Thank you . (b) A recommendation from the Englewood Municipal Court to adopt a resolution reappointing Marcia O'Brien as an Associate Judge for the City of Englewood was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) - RESOLUTION NO. 75. RESOLUTION NO . 75, SERIES OF 2006 A RESOLUTION FOR REAPPOINTMENT OF MARCIA G. O'BRIEN, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 (a).) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 33, SERIES OF 2006 (COUNCIL BILL NO . 32 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT' BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, SOUTHGATE SANITATION DISTRICT , SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1 , WASTE MANAGEMENT OF COLORADO, INC . AND THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items No publ ic hearing was scheduled before Counc il. Englewood City Council September 5, 2006 Page 5 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) City Attorney Brotzman presen ted a recommendation from the City Attorney's Office to adopt an emergency bill for an ord inance approving regulat ions prohibit ing sexual predators and certa in sex offenders from establishing res idency near areas where children congregate . He sa id this matter actually began with Council, based on two issues ... one was a sexual predator that was going to be housed on Broadway in a motel and the second issue was Greenwood Village pass ing a sim ilar , but not exact , ordinance restricting sexual predators residing in Greenwood Village . This ordinance addresses establ ishing a new residence by a sexual predato r or very , very specific categories of sexual offenders . Council 's request was to look at recidivism and the types of offenses that were committed by the sexual offender. I do want to thank Chief Vandermee , Sergeant Englert and Kelly Martin of the Safety Services Department that worked with me on narrowing the categories down to the ones that you now see , which includes sexual predators , sexual offenders convicted of a felony, sexual offenders that have multiple convictions or sexual offenders whose offenses involve multiple victims. We tried to narrow this down to those offenders that Council wanted to look at. In doing so, the measurements and the distances that we adopted really were a imed at a very severe type of sexual offender . You are not seeing very many places , but the white areas on the map , that John Voboril in Community Development did for us, doesn 't show very many locations that a person that has to register under this act , can live in Englewood . That is by des ign , because we are dealing with sexual predators and very severe sexual offenders . These are not prostitutes , these are not indecent exposure cases ... these are very severe cases . That is why you are seeing the distancing from schools and daycare centers , parks , etc. that are listed in the ordinance . This is truly aimed at the sexual offender . Five days ties in with registration . A sexual offender that is required to register has to do so w ithin five days . They actually go to the Safety Services Department. .. they actually sit down and meet w ith a detective . If you pass this , the detective w ill be show ing them , if they fall into one of these categories , what is acceptable or what is not. There is another category , as Mr . Cohn has pointed out , that does address landlords , but you have to know that they are required to register and fall into one of those categories . We have a landlord in town that does that. They are getting recommendations and referrals for sexual offenders . That group will have specific knowledge , because they are getting a specific recommendation . They would fall under th is category and could fall awry of th is category , because they have spec ific knowledge of where that sexual offender is coming from . As to regular landlords, this doesn 't apply. Now , you could get somebody who actually s igns up fo r an apartment and then falls into one of these categories and the detective w ill then tell h im you may not live there ... he will then be break ing the lease . Every lease that I have seen has a prov ision that allows for that very contingenc y. Council Member Barrentin e sa id a contingency that if they are break ing the law by li v ing the re? Mr. Brotzman sa id tha t if they would be break ing the law , that the lease is null and vo id . Ms. Barre nt ine sai d cor rect and you sai d w it h in fi ve days of the m movi ng in that the y have to go ch eck? Mr. Brotzman said correct. Ms . B arre nti ne said okay and could you point out in this, the other comment that you made, that it only says landlords who are aware ... who have prior awareness . Where are you saying that that is covered? Mr. Brotzman said it is 7-3-3- B ... Mayor Wolosyn said it is on page 3 ... "with the knowledge that." Mr . Brotzman said there is a knowledge requirement in there . Ms. Barrentine said thank you . Mr. Brotzman said I do want to mention one thing . Currently Englewood has not established a walk-to-school route . That could be established working with the schools . It will not be a prohibition until the City actually adopts a walk-to-school route , so nobody can be in violation of that currently . There is also an unusual provision ... well felons are an unusual provision in that certain felons ... Felony 2 is simply no longer there except you could have been convicted of a Felony 2 so we kept that in place . Mayor Wolosyn asked if there were anymore questions or discussion . Council Member Woodward said I have one other question and I had talked to Dan about it in a different section but under the ... center of page 1 ... where as children congregate more frequently w itho ut adult supervision at schools , parks and playgrounds ... and I am just wondering , is that a place at schools where we could add "and its designated bus stops" because we do have designated bus stops for schools . And that doesn't get back into the d istance requirements , that is still part of the preamble part of it. Englewood City Council September 5, 2006 Page 6 Attorney Brotzman said I believe bus stops are actually covered . Mayor Wolosyn said yes, here it is "designated public or private school bus stops" ... under 7-3-4-C . Mr . Brotzman said its actually ... 7-3-3-A and it is included in Private School/Bus Stop/Walk-To-School Route or recreational trip . Council Member Woodward said but we don't have a walk-to-school route yet. Mr . Brotzman said correct, but public or private school bus stops would be included . Mr. Woodward said okay . Council Member Woodward said the only other thing is ... my comment is that I know a lot of time was put into this ordinance in reading all of the stuff that has been provided us over the last month regarding the court cases in Little Rock, the Miami ordinance, the Greenwood Village ordinance, and the Indianapolis information, I think within this ordinance you have really hit it. It is very specific. It appears to be based upon what I have read on those other court cases ... that it meets the requirements for being specific and I think you have done a really good job on it. Personally I am very pleased with it. Mr. Brotzman said thank you. Council Member Moore said I was just going to comment on the landlord provision . Because I understand the concern raised that you have to read this to realize that you don 't have a responsibility as a landlord to do these things and it is probably hard to write what you don't have to do. But at the same time, the provision is necessary, because of the situation we've seen where there is a landlord that makes a habit of doing this . We need to be able to stop it at the source. And, presumably when the law here is calling for knowledge, would the burden be on us to prove that knowledge? Mr . Brotzman said absolutely. Mr. Moore said that is the key that the burden of proof that the landlord has that knowledge, is going to be on the City or the prosecution and that will allow us to deal with the situation that we need to deal with, but hopefully not creating undue hardships on landlords just doing what they normally, rightfully do. I toyed with ... can we get rid of that clause altogether ... ! think it is necessary given the situation that we have already seen . That is my two cents . Mayor Wolosyn asked if there were any other questions or comments . There were none. Council Member Barrentine said I mean it still raises a question on how somebody would handle it in the meantime ... you know if they find out. .. except if it is in the process, then somebody has committed a crime during the time that they have been there . So, yeah , it is unfortunate that for one tenth of one percent of some situation, that you have to try to put something like that in there to prevent the one situation that is going on, but I don't see that it would cause any of the problems ... where there was a concern . Because, as you pointed out, they would have to know . And , any other situation after they are already in there , you already have a violation of the lease so, I mean, I don't think you have a problem . Okay ... thank you . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 35. COUNCIL BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 7 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY THE ADDITION OF A NEW CHAPTER 3 , PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN EMERGENCY. May o r Wolosyn asked if there wa s any more discussion . There was none . Vote results : Motion carried . Ayes : Co unci l Members Ba rrentine , Mccasl in , Moore , Wolosyn , Woodwa rd , T omas so , Oa kl e y Nays : None Englewood City Council September 5, 2006 Page 7 (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Senior Planner Langon presented a recommendation from the Community Development Department to approve, by motion , a professional services agreement with Tacito Design , Inc. for analysis and recommendations for potential sign code amendments . She said before you is a request to approve by motion a professional services agreement with Tacito Design , Inc. in the amount of $19,400.00 , for review , analysis and recommendations of potential sign code amendments . This is funding that is coming from existing Community Development 2006 budgeted Professional Services funds and this was discussed at the August ?'h City Council meeting . It is part of the UDC Phase 2 rewrites and amendments , as we will work on stand-alone sections of the Code . At that meeting, Director Simpson discussed the need for updates to the sign code . Tacito Design will work with us to prepare recommendations for future amendments . She said if there are any questions , I will be happy to address them . Council Member Mccaslin said I've talked to a couple of businesses up at about 4400 South Broadway ... some of the signs in one area exceed the limit , but now they can't do the same th ing . Is this also going to address existing conditions? Ms. Langon said we will probably address ... certainly new signs and then existing signs ... that is one of the recommendations that Tacito would be looking at as to what happens to signs that are non-conform ing or maybe some of the recommendations may be to increase the s ign limits , so that some of those business owners would be able to have the signs that were allowed years ago . But , that is all part of the review and recommendation . Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) - A PROFESSIONAL SERVICES AG REEM ENT WITH T ACITO DESIGN, INC. FOR ANALYSIS AND RECOMMENDATIONS FOR POTENTIAL SIGN CODE AMENDMENTS . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : N ays : Motion carried . Council Members Barrentine , Mccaslin, Moore . Wolosyn , Woodward , Tomasso , Oakley No ne Mayor Wolosyn said thank you Tric ia. (i i ) D irector Black presented a recommendation from the Parks and Recreation Department to approve , by motion , a contract with M ilestone Construction for the purchase and installation of a manufactured pedestrian bridge in C ush ing Park , in the amount of $74,890 .0 0 . He said if Council aw ards the bid tonight , we will wait until after the first p art of October before we install the bridge . Putting the ab utment in and the bridge requires that we drain the lake in Cushing Park and the lake provides irrigation for the Park . So , that is the reason we waited this long in the year before we awarded the bid and that is the reason we w ill wait u ntil after the first part of October ... until we drain the lake and blow out the irrigation system , before we start the proj ect. M a yo r Wolosyn said thank you Jerrel l. Are there any questions ? Council Member M ccas lin said how long w ill th is p roj e ct take? M r. Black sa id it shou ld take about 30 days. Mayor Wolosyn asked if there were any other questions . Englewood City Council September 5, 2006 Pages Council Member Woodward said what is the construction of the bridge? Mr . Black said well , the construction really is the abutments . We had to reengineer the abutments there and then the bridge will go on and attach to the abutments . The problem was that we had a crack in the abutments and then had to engineer the entire abutment part there. Mr . Woodward said I guess what I meant was what kind of material will the actual bridge be? Will it be a wood bridge going back across or will we have a concrete one? Mr. Black said Mark , do you want to address that? Parks Supervisor Kottwitz said the answer to the question is that it is made out of steel and the floor will be made out of concrete . Mr. Woodward said okay. Mayor Wolosyn said thank you, are there any other questions . There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -A CONTRACT WITH MILESTONE CONSTRUCTION FOR THE PURCHASE AND INSTALLATION OF A MANUFACTURED PEDESTRIAN BRIDGE IN CUSHING PARK, IN THE AMOUNT OF $74,890.00. Mayor Wolosyn asked if there was any further d iscussion . There was none . Vote results : Motion carr ied . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thanks Jerrell. Mr . Black said thank you very much . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I don 't know if we all had this in our packe t. .. on the Urban Land Institute . Their Fall conference is going to be in Denve r th is year and it is one of those conferences tha t have topics that a re all provocative and really are related to what we do in Englewood . We a re very urban . Since it doesn 't require any travel and I have been told it is $500 .00 for j ust registering ... I would like to attend . We have money in the budget and I encou rage anybody else , if they have the time , to go and do it. However, since I do n't have this written up and I still don 't have the exact amount , I'm wondering if in two weeks it will still be t ime enou gh to reg ister. Ci ty Manage r Sears said yo u could bri ng it f orward on th e 181 h . Mayo r Wolo syn said I will just bring it forward on the 181 h . (i i ) Mayor Wolosyn said Bishop Elementary is celebrating its 501 h Birthday on the 161 h of September. I think the granddaughter of Mr . Bishop is going to be in town from North Carolina and we were all issued an invitation . However , I was talking to Linda and I said I think it would be nice if we could have a proclamation honoring 50 years of Bishop and she wrote up some whereas clauses for me and if Council agrees , I wo uld like to bring it forward at our next meeting on the 181 h . Then they can read that at the party on the 16 1h . I think it is a nice thing to do . If I don't hear any objections, I am going to go ahead . (iii) Mayor Wolosyn said I would like to thank Gary for getting that letter off to Cal Marsella about the Art shuttle and the possibility of keeping it going . We don't have a contractual agreement , but there is certainly ... in the letter that is on the flip s ide ... enough of a commitment from RTD , that I think it is great that we are follow ing up on it now . (iv) Englewood Days . Mayor Wolosyn sa id we will all be there next Saturday ... this coming Saturday ... down at (b) Council Members ' Choice Englewood City Council September 5, 2006 Page9 (i) Counc il Member Barrentine sa id we did have our final meeting for the Englewood Days today, before the big event on Saturday. Hopefully , the weather will hold out. Doug has already gotten assurance ... he said at the meeting that the weather will be fine for that day. Again , I can 't state enough ... not only from Englewood all the way up and down South Broadway , but also Sheridan businesses and a lot of Littleton bus inesses have chimed in and supported this . I am just so impressed with the citizens in the community coming forward and really supporting this . There are a lot of peop le doing a lot of work for this . And to have a celebration afterwards , we are hav ing a little celebrat ion at my house at 5 o 'clock after the event and everybody is welcome to come . A commun ity event and a community celebration of what we have accomplished . I hope it is successful and hope we have a fun time . Doug , I am amazed that you 've got that much time and you are checking out our ordinances too . I am impressed . You just need a little bit more to do . We will never keep you busy enough if we haven't been able to do it to this point. .. we certainly won 't. Thank you very much for all the hard work that you have done . It is greatly appreciated . (ii) Council Member Mccaslin said I would just like to thank you for bringing up the Bishop birthday . My wife has put a lot of time into this and I think it helps spur that relationship that we talked about with the City and Council and the School District. If we support their programs , they can kind of reciprocate at times . So , thank you for the Proclamation and everything . Mayor Wolosyn said I think that is a nice way to honor that commun ity also . (iii) Council Member Tomasso said I attended the first BID meet ing last week . Ted Vasilas was elected President, Rick Reese was elected Secretary , and Bob Laughlin was elected the Treasurer. I th ink Bob Voth is the Vice-President. It was just one of those beginning meetings , where they all got together, sat down and worked out all the details and signed all th e papers . (iv) Council Member Woodward : 1. He said first I would like to congratulate Joan Weber . We received in our packet last week recogn ition of an award she received . Joan Weber, from our Human Resources Department , received a State Blue R ibbon Comm iss ion award for health care reform from the State of Colorado and signed by the Governor. I just want to say great work and congratulat ions on tha t. Please pass that on to her. 2 . He sa id I d id a ride -along with Gary Condreay Fr iday n ight during the graveyard sh ift , when they were having a DUI st ing k ind of go ing on , wh ich was rea l interest ing and very educati ona l. There were a number of tra ffic office rs and patrol office r. .. it was a great night and thanks to Gary for th at wonde rf ul edu cati o n . 3 . He sa id with re gard to Englewood Days , I mentione d to Doug last week and als o have mentio ned to a number of the people from the Englewood High School and the school administration , that obviously not this year , but very possibly next year , there may be the opportunity to combine Englewood Days and Englewood Homecoming and make it an even larger event. And , more inclusive ... bring the schools in ... the Englewood High School Parade could be possibly expanded , to bring some other bands in town and I think it would get the businesses and the schools working together ... together with the City and we may see a savings overall for Public Works and Safety Services . All these things are happening ... and maybe Englewood Days truly could be more than one day ... maybe a few days . I kn ow the school. . .from the people I have been talking to are very receptive to that type of partnering . I would just love to see something like that happen later in September or early October ... however that fits into how Homecoming is selected ... and maybe a Fall Festival and Farmers Market and that sort of thing ... a Harvest Festival. Thank you . 13 . Ci ty Man ager's Re port (a) City Manager Sears said I am going to be out of town for a couple of days th is weekend and in to the first part of next week to the International City Management Conference . Because of all the activities , I'm not sure about going , but I get recognized for 35 years of service through the International Association , so I felt tha t it was important to go . Mike will be here for next Monday nights meeting and I will be back next Wednesday to finish out the budget. Englewood City Council September 5, 2006 Page 10 Mayor Wolosyn said thank you. 14 . City Attorney's Report (a) City Attorney Brotzman said congratulations for 35 years of service. Mr. Sears said thanks . 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :17 p.m. (_, ~ ,,· --1~ ' ~ ' ! I ~ .. ..; .. .. I .l! I . "' ... ... " "' r I @ fl. ! ( PROCLAMATION WHEREAS, Bishop Elementary School has served the Englewood community for fifty years; and WHEREAS, Bishop Elementary is a neighborhood school serving students from Kindergarten through sixth grade; and WHEREAS, the staff and administration at Bishop are committed to providing an academic foundation that fosters students who are competent, confident, and caring; and WHEREAS, Bishop Elementary employs an excellent, caring, committed staff focused on meeting the needs of every student, one student at a time; and WHEREAS, Bishop Elementary has made a difference in the lives of the students it has served over the last fifty years ; and WHEREAS, Bishop Elementary provides differentiated instruction to meet the varying needs of its diverse population; and WHEREAS , Bishop Elementary School celebrated its fiftieth anniversary on September 16, 2( , ; and WHEREAS, the City of Englewood wishes to acknowledge and congratulate Bishop Elementary School on this notable occasion; NO\,V, THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, h ereb y proclaim the City of Englewood's heartfelt c ongratulations to the staff, administration, and students of Bishop Elementary School on th e very special occasion of the school's Fiftieth Anniversary. We thank them for the important role they play in our community and offer our best wishes for a future filled with continued academic success. GIVEN under my hand and seal this 181h day of September, 2006 . Olga Wolosy n, Mayo r 8a PROCLAMATION WHEREAS, September has been declared National Preparedness Month b y the United States Department of Homeland Security; and WHEREAS, National Preparedness Month is a nationwide coordinated effort held each September to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses, and schools ; and WHEREAS, National Preparedness Month 2006 focuses on family emergency preparedness; and WHEREAS, the U .S. Department of Homeland Security is working with a wide variety of organizations, including more than 1,150 national regional, state, and local organizations that form the National Preparedness Month Coalition to highlight the importance of public emergency preparedness; and WHEREAS, the citizens of Englewood are encouraged to take advantage of information and resources available to help them prepare for and respond to emergencies, including natural disasters and potential terrorist attacks; and WHEREAS, information resources available to citizens include the Ready Campaign and Citizen Corps Web site (www.ready .gov) and toll-free number (1-800-BE-READY), the READYCo/orado Web site (www.rea dycolorado.co m), and the U.S. Department of Homeland Security Web site (www.d hs.go v). N OW, THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim th e month of September as National Preparedness Month in the City of Eng lewood and encourage our residents to focus on individual and family emergency preparedness to help increase our nation 's overall level of preparedness . GIVEN und er my hand and sea l this 18111 day of September, 2006. Olga Wolos n, Ma 1or 8b ,• COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 18, 2006 9 Ci Resolution approving the Retiree Health Sa vings Plan Initiated By: Staff Source: Human Resources Sue Eaton, Director of Human Resources PREVIOUS ACTION This was discussed by City Council at the September 11, 2006 Study Session . RECOMMENDED ACTION Staff recommends that City Council approve, by Resolution , implementation of a Retiree Health Savings Plan . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The Retiree Health Sa vings Plan, administered by ICMA Retirement Corporation, was researched by an inter-departmental committee for purposes of establishing a plan through which the City could enable employees to save, tax-free for medical expenses after separation of employment from the City. Key elements of the plan include the employees ' options to contribute: • A p erce ntage of c ompensation to the plan, • All or a p erce ntage of unused personal leav e to the plan , • All or a p erce ntage of longev ity pay (fo r those re c ei vi ng su ch pa y) t o the plan , • All or a percentage of sic k leave bank pay (for those receiving such pay) to th e p lan, and • All or a percentage of any paid leaves that would otherwise be paid out upon separation from employment. FINANCIAL IMPACT There is no financial impact to the City. A ll contribu tions to the plan are emp loyee contri b ut ions. LI ST OF ATTAC HM ENT S Resolution RESOLUflON NO. SERIES OF 2006 A RESOLUTION CREATING A RETIREE HEALTH PLAN FOR CITY EMPLOYEES TO BE ADMINISTERED BY THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC). WHEREAS, the establishment of a retiree health savings plan for employees serves the interests of the City by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives; and WHEREAS, to implement this Plan, the City of Englewood, as employer desires to make the VantageCare Retirement; Health Savings Plan ("RHS Plan" or "Plan") provided by ICMA-RC available to its employees; and WHEREAS, ICMA-RC makes available the Vantagepoint Funds, a no-load, diversified mutual fund, for investment of public employer plan assets, including RHS Plan assets; and WHEREFORE, ICMA-RC provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans, including, but not limited to, communications concerning investment alternatives , account maintenance, account record- keeping, investment and tax reporting, form processing, benefit disbursement and asset management. NOW, THEREFORE, BE IT RESOLVED: Section 1. That the C ity of Englewood hereby adopts the Plan in the form of the ICMA Retirement Corporation 's V antageCare Retirement Health Savings program in the form attached hereto as Exhibit A. ADOPTED AND APPROVED thi s 18th day of September, 2006 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, hereby certify the foregoing is a true copy of Resolution No . __ , Series of 2006 . Loucrishia A. Ellis, City Clerk VantageCare Retiren1ent Health Savi~gs Plan Questions and Answers for Employers ICMA RETIREMENT CORPORATION The Pub lic Sector Expert Exhibit A VANTAGECARE RfflREMENT HEALTH SAVINGS PLAN QUESTIONS AND ANSWERS FOR EMPLOYERS INTRODUCTION TO VANTAGECARE RETIREMENT HEALTH SAVINGS 01 : What i s the VantageCare Retirement Health Savings Plan? ...................................................................... 1 02: What are the key features of RHS? .............................................................................................................. 1 BENEFITS OF RHS 03: What are the benefits of RHS to the employer? .......................................................................................... 1 04: What are the benefits of RHS to the employee? .......................................................................................... 2 INTEGRAL PART TRUST 05: What is the legal basis for RHS? .................................................................................................................. 2 06: Why isn't there an IRS determination letter available for RHS? ................................................................ 3 07: What are the requirements for qualifying as an "integral part" of a governmental employer? ............ 3 08: What constitutes an eligible employer? ........................................................................................................ 3 09: How does RHS compare to a VEBA or 401(h) plan? Can these assets be transferred to an RHS plan? .................................................................................................................................................. 3 010: Are assets in the employer's integral part trust accessible to the employer and /or its general creditors? ...................................................................................................................................... 5 011 : How does RHS compare to a Health Savings Account? ............................................................................ 5 012: Is the RHS Plan a Health Reimbursement Arrangement? .......................................................................... 5 013: Does ICMA-RC offer a program specifically for employer prefunding of retiree healthcare liabilities? ...................................................................................................................................... 5 ESTABLISHING AN RHS PLAN -PLAN DESIGN, ADOPTION AND IMPLEMENTATION 014: What i s the adoption procedure for establishing an RHS Plan? ................................................................ 5 015: What documents govern the RHS Plan? ...................................................................................................... 6 016: What plan des i gn features are available under the RHS Program? .......................................................... 7 017: How much i ndividual choice is permitted? .................................................................................................. 7 018: How do your employees get started? .......................................................................................................... 8 CONTRIBUTIONS 019: What types of contributions can be made to the RHS Plan? ...................................................................... 8 020: How are RHS contributions reported on the employee's Form W-2? ...................................................... 10 021 : What are some examples of contributions allowed by employers? ........................................................ 10 022 : Are there limits to the amount of contributions that may be made in a given year? ............................ 11 023: How are the contributions coordinated with Section 457 and 401 plans? .............................................. 11 024: Are contributions made to the account included in "pensionable" compensation 7 ............................ 11 025: When does the employer make contributions? ........................................................................................ 11 PLAN INVESTMENTS 026: Where will RHS assets be invested? .......................................................................................................... 11 MEDICAL BENEFITS AND PLAN DISTRIBUTIONS 027: At what point are employees eligible for and what procedure do they follow to beg i n receiving medical benefits? .............................................................................................. 12 028: What medical benefits can be provided to participati ng employees? .................................................... 12 029: What circumstances permit an employee to receive assets from the account? .................................... 13 030: Are there any emergency withdrawal provisions? .................................................................................... 13 031: What happens when employees leave the employer QtiQr to benefit eligibility? .................................. 13 032: What happens to the account balance when the participant dies?.. ........................................................ 14 PROCEDURES FOR MEDICAL EXPENSE REIMBURSEMENT 033: Who will pay medical benefit claims? ........................................................................................................ 14 034: Who is Zenith Administrators? .................................................................................................................... 14 035: Is Zenith Administrators HIPAA compliant? .............................................................................................. 15 036: What is the procedure for reimbursement? How long does it take? ...................................................... 15 TAXES 037: How are payments from RHS accounts treated for tax purposes? .......................................................... 15 038: What is the employer's responsibility with respect to tax reporting and remittance? .......................... 15 ADMINISTRATION 039: Are there any ongoing employer responsib i l ities related to the administration of the RHS Program ? ........................................................................................................ 15 040: What is EZ Link? ............................................................................................................................................ 16 041 : Are there nondiscrimination requirements that apply to the RHS Plan? ................................................ 16 042: What types of reports will employers and employees receive? .............................................................. 16 043: What fees does ICMA-RC charge for the RHS Program? ........................................................................ 17 RESOURCES 044: What information w i ll I receive to ass i st in ongoing plan administration ? ............................................ 17 045: Whom should I cal l with oth er q uestions rega rd i ng t he RHS Prog ra m ? ................................................ 17 01: What is the VantageCare Retire- ment Health Savings Plan? VantageCare Ret irement Health Savings (RHS) Plan is the ICMA Reti r ement Corporation 's employer-sponsored health benefit savings vehi - cle that allows employees to accumulate assets to pay for medical expenses (e .g., health insurance, co -pays, prescription expenses, etc.) at retirement (or upon meeting other eligibility criteria) on a tax- free basis. The plan breaks new ground for health care savings in the public sector and is offered through a concept pioneered by ICMA-RC that has received IRS approval (see 05). RHS is similar to other ICMA-RC products such as the 401 and 457 plans in that it allows an employ- ee to invest dollars on a pre-tax basis in the Van- tagepoint Mutual Funds* for financial needs dur- ing retirement (or when otherwise eligible). RHS offers a number of benefits, including tax-deferred accumulation of earnings and, when account assets are used to pay for tax qualified medical benefits for participants, their spouses and/or dependents, the additional benefit of tax-free with- drawals. * A transaction fee of 2 % may be applied to the value of amounts transferred from the Income Preservation Fund. Please consult the current Vantagepoint Funds prospectus carefully for a complete summary of all fees, expenses, charges, financial highlights and investment objectives, risks and performance information prior to investing any money. Vantagepoint securities are distributed by ICMA-RC Services LLC, a broker dealer affiliate of ICMA-RC, member NASD/SIPC. For a current prospectus, contact ICMA -RC Services LLC, 777 North Capitol Street NE, Washing t on, DC 20002-4240. 1-800-669-7 400. 02: What are the key features of RHS? • The plan allows for flexibility in plan design to meet employer/employee needs and permits sig,:iificant employee choice (see 016). • Employers may make tax-free contributions to an employee account (see 019). • Mandatory, pre -tax employee contributions may be required from compensation or from accrued sick and /or vacation leave (sec 019). • The plan may permit employee elective pre- tax contributions on a one-time irrevocable election basis (see O 19). • The plan may permit employees to i rrevocably elect to contribute accrued leave (see 014). • The plan may allow employees to annually elect to contribute a portion of the following year's accruals of leave (see 019). • Employees may make voluntary after-tax con- tributions (see 019). • All earnings grow tax-deferred, and with- drawals used to pay for qualified medical ben - efits for participants, their spouses and/or dependents are tax-free (see 037). • Plan assets remaining at the time of the employee's death are not forfeited. The account can continue to be used for medical expenses by the employee 's spouse or dependents, or passed on to beneficiaries, for their medical expenses (see 032). BENEFITS OF RHS 03: What are the benefits of RHS to the employer? The cost of medical care continues to go up every year, while new Medicare prescription drug bene - fits leave beneficiaries with large out-of-pocket deductibles and co-pays. This continuing medical inflation, particularly for services not covered by Medicare or employer-sponsored retiree health plans, means that retirees are increasingly respon - sible for growing medical costs. The RHS Program enables employers -and their employees -to save in advance for these costs . There are several benefits to employers that choose to offer the RHS Program : • No unfunded liability -Existing retiree med- ical programs, offered either through a retire - ment system or by the employer directly, may burden employers with unfunded liabilities, particularly when the Governmental Account- ing Standards Board reporting requirements for Other Post Employment Benefits become effective. RHS now offers a way to pre-fund some or all of these costs. • Low cost -RHS provides the ability to offer a low-cost employee benefit that complements your current retirement savings package. Also , employer and most employee contributions are not subject to FICA and unemployment taxes, resulting in savings to the employer. • Easy administration -By using ICMA-RC's EZ Link System , RHS is offered with limited administrative effort by the employer (see 039 and 40). • Retenti on -RHS can help you attract and retain valued employees. • Security -Allows the employer to provide additional security to employees saving for their retirement health needs. Similar to a defined contribution retirement plan , it also provides employees with greater responsibili- ty and control over saving for retirement health needs. • Flexibility -The employer can design its RHS Plan to best fit the needs of employee groups, including collective bargaining units. • Unused leave -Provides the employer with additional flexibility in the payout of accrued vacation, sick or other leave. Employers can structure an RHS program to reward the responsible use of a sick and vacation leave program and discourage its abuse. • FICA Savings -Contributions made to the RHS Plan by the employer and the employee (other than after-tax contributions) are exempt from FICA taxation, saving the employer up to 7 .65% of the amount contributed (see 019). 04: What are the benefits of RHS to the employee? Employees can reap substantial benefits as well. • Conven ience -Once an employee is eligible to partici pate i n RHS (see 017). the employee only has to enroll (see 018) and make deci - sions regarding investment of RHS funds (see 026). Contributions are made directly by the employer or through converting employee leave (see 019). Additional employee contribu- tion options may include mandatory and irrev- ocably elected pre -tax, annual leave, terminal leave, and voluntary after-tax contributions (see 019). • Tax -advantaged savings -Most contributions are pre -tax and assets grow in a tax -deferred account. • Tax -free withdrawals -Withdrawals are tax - free when used for the partici pant's (including spouse and dependent) qualified medical 2 expenses as allowed by the employer's RHS Plan . • Full range of appropriate investment options -RHS allows investment in the Vantagepoint Mutual Funds *, including ICMA-RC's low-cost index funds (see 026). • Flexibility -Participants may use RHS assets to pay medical expenses for themselves, their spouses and dependents. • No account balance forfeiture upon death - At the death of the participant, the account balance is transferred to an account for the surviving spouse and/or dependents, or for an alternate beneficiary, to use for their own medical expenses (Note: benefits paid to other than a surviving spouse or dependent will be taxable). (See 032 .) * A transaction fee of 2% may be applied to the value of amounts transferred from the Income Preservation Fund. Please consult the current Vantagepoint Funds prospectus carefully for a complete summary of all fees, expenses, charges, financial highlights and investment objectives, risks and performance information prior to investing any money. Vantagepoint securities are distributed by ICMA -RC Services LLC, a broker dealer affiliate of ICMA -RC, member NASDI SIPC. For a current prospectus, contact ICMA-RC Services LLC, 777 North Capitol Street NE, Washington, DC 20002- 4240. 1-800-669-7400. INTEGRAL PART TRUST 05: What is the legal basis for RHS? ICMA-RC has pioneered a new concept for offer- ing retirement health savings to the public sector through the use of an integral part trust. The legal basis for RHS stems from several private letter rul - ings (PLRs) issued by the Internal Revenue Service (IRS) which allow non-profit organizations, includ - ing state and local government bodies, to estab- lish "funds" which are deemed to be an "integral part" of the organization . Because the provision of welfare benefits is considered an essential func - tion of the government, the vehicle used to fund the activity is also considered part of the govern - mentc:11 entity, and enjoys the entity's tax -exempt status. ICMA-RC has crafted program documents for you to use based on a PLR obtained from the IRS for an initial adopting employer. Your use of a similar trust document will provide you with assurance that your Program is also within the IRS 's require- ments. (This is identical to the assurance provided when you use ICMA-RC's model 457 plan docu- ments.) A copy of the RHS PLR will be provided to you by ICMA-RC in the Retain Booklet provided in the adoption process (see 014). Since obtaining the original PLR, ICMA-RC's out- side counsel has issued an opinion broadening the types of contributions which may be made to the plan and permitting certain elections by the participant. ICMA-RC is offering these enhanced opportunities as part of the RHS plan design. You may wish to have your benefits counsel review this opinion prior to adoption. An Executive Sum- mary of the opinion is available from your ICMA- RC Retirement Plans Specialist. The opinion of counsel is also available on request. Please note that the information in this document takes into account only the federal tax rules relat- ed to ICMA-RC 's VantageCare Retirement Health Savings Plan. Prior to implementing an RHS plan, the employer is responsible for determining that there are no state or local laws that would prohibit it from offering the plan or any of the selected options to its employees. Q6: Why isn't there an IRS determina- tion letter available for RHS? Although Voluntary Employee's Beneficiary Asso- ciations ("VEBA ") require an IRS determination letter, Integral Part Trusts are not required to fol- low this procedure. There is also no procedure available for determination letters for Health Reim- bursement Arrangements ("HRA "). (See 012 .) HRAs may receive Private Letter Rulings (PLRs), and ICMA-RC used this process to establish the acceptability of plan features . (See 05.) Q7: What are the requirements for qualifying as an "integral part" of a governmental employer? In order for a trust to qualify as an "integral part" of the employer, the employer must exert "sub- stantial control" directing the plan and must have "substantial financial involvement". "Substantial control" simply means that the employer controls the integral part entity by hold - ing the power to amend or terminate it, and by 3 naming the parties that manage the daily opera- tions of the entity. These parties include trustees appointed _by the employer to hold title to trust assets on behalf of the employer. The trustees can be named solely by the employer, named in con- junction with the employee group(s) covered by the Trust, or can be a directed trustee hired by the employer.* ICMA-RC's model trust agreement gives the employer the authority to amend or ter- minate the trust and to name the trustees. Thus, the requisite level of control is automatically pres- ent . "Substantial financial involvement" means that the employer has the primary responsibility for funding the trust. The IRS considers direct employer contributions, mandatory contributions of accumulated unused leave, mandatory contri- butions from compensation, and irrevocably elect- ed pre-tax contributions to be employer contribu- tions (see 019). * Employers that are interested in obtaining the services of a directed trustee can contact ICMA -RC for additional information. QS: What constitutes an eligible employer? Any state or local government employer or its agency or instrumentality is eligible to use the program . Employers wishing to pursue adoption may contact (800) 299-9249 to i nitiate a discussion on adoption . Q9: How does RHS compare to a VEBA or 401 (h) plan? Can these assets be transferred to an RHS plan? The RHS Program is cons i derably more flexible and less restrictive than either a Voluntary Employees' Beneficiary Assoc iation (VE BA) or a Section 401 (h) medical account. The chart on the next page lays out the similarities and differences between these three types of retirement medical funding vehicles . Based on advice of ICMA-RC's counsel, assets of the emp loyer that are in a VEBA may be trans- ferred to RHS accounts for the individual employ- ees covered. Section 401 (h) assets may also be transferred; however, the employer should obtain a determination letter on the 401 plan to which the 401 (h) account is attached to ensure that the quali- fied status of the retirement assets is protected. Program Feature Legal Basis Types of Contributions Allowed • Employer • Mandatory Unused Leave • Mandatory Pre- Tax Employee • Irrevocable Elective Pre-Tax • Voluntary after-tax Employee Limit on Contributions Tax Treatment of Earnings Types of Benefits Allowed VantageCare RHS Private Letter Rulings and Treas. Reg. 301.7701 -1 (a){3) Available Available Available Available Available None, except 25% limit on voluntary after-tax Tax -deferred Section 401(hl Account* IRC Sectio~ 401(h) Available Unclear+ Available with 414(h) "pick-up" Unclear+ Unclear+ Limited to 25% of total Section 401 Plan contributions (or 33% of ret i rement contributions) Tax-deferred • Health • Health • Survivor health benefits • De minimis account distributions Tax Treatment of Participant Tax -free Tax -free Health Benefits Participation Treatment of Assets Remaining After Employe e's Death Application of Welfare Plan Non -Discrimination Rules Assets Subject to Claims of Employer's Creditors? IRS Ruling Required? • Mandatory • Irrevocable election (see 012) Balance rema i ns available to survivors for medical expenses Apply to self-i nsured, non -collectively bargained plans (see 034) No No Mandatory for covered employees Must revert to the employer Apply to self-insured, non-collectively bargained plans N o Part of qualified Section 401 plan determination letter VEBA* IRC Section 501 (c)(9) Available Available Available Unclear+ Unclear None for governmental VEBA Tax -deferred • Health • Death Benefit • Other welfare benefits Tax -free Mandatory for covered employees Determined by VEBA provisions: balance may be forfeited back to trust or rema i n available to survivors Apply to self-insured, non-collectively bargained plans N o Yes Please note that the theoretical ability of a 401 (h) or VEBA to include a particular feature does not suggest that the programs curren tly offered to local governments are structured with these features . ICMA-RC makes avail - ble an RHS summary chart that may be useful in comparing other programs to RHS . ICMA-RC is not ware of n exi ting 401(h) or VEBA program that allows these features. 4 ) ( If there are general assets of the employer that are held for future retiree health care costs , they may be transferred to RHS so long as the individual employee doesn 't have a vested i nterest i n the assets (i.e., no option to receive the assets in cash rather than transferri ng them to the RHS pro- gram). ICMA-RC will work with employers on a case -by- case basis to determine if their existing retiree health assets are transferable and to assure an efficient transition . Employers should also consult with their own counse l. 010: Are assets in the employer's inte- gral part trust accessible to the employer and/or its general credi- tors? The employer/plan sponsor and its general credi- tors do not have access to the assets in the RHS integral part trust. The assets in the trust are reserved for the stated purpose of being for the "exclusive benefit of the participants and their beneficiaries." This security measure is language similar to that used in descri bing a trust for quali - fied 401 and 457 plan assets. 011: How does RHS compare to a Health Savings Account? Health Savings Accounts ("HSAs") were enacted by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 . Individuals that are participating i n a "high deductible health plan " may be able to establish and make contributions, subj ect to statutory l i mitations, to an HSA. The HSA assets are primarily used to cover curr ent h e alth expenses, such as the deductible amount und e r the health pl a n. Most insurance premium s, incl ud i ng those of t h e h i gh deductible health pl an , cann o t b e p ai d t h rou gh t h e HSA pri o r to age 65. Any HSA assets remaining in the account at termi- nation of retirement can be used to pay for retiree health care costs. VantageCare RHS is primarily a post-employement health savings program sponsored by an employ- er. There is no need for an individual employee to be participating in a high deductible health plan in order to participate in RHS. There is no stautory limit on RHS contributions. Insurance premiums may be reimbursed when the participant attains the eligibil ity criteria established in the adoption agreement. There is no prohibition on use prior to age 65. 5 If you are interested in additional information on the differences between the two types of health savings p~ograms, please contact your ICMA-RC Retirement Plans Specialist or call 1-800-299 -9249 . 012: Is the RHS Plan a Health Reim- bursement Arrangement? The IRS issued guidance regarding "health reim - bursement arrangements " or "HRAs " in 2002 . Any retiree or post-employment health savings plan has many elements in common with the specific HRA for which the IRS issued their ruling , though there are several areas within the HRA guidance that don't qu ite fit the RHS program. Nonetheless , ICMA-RC has determined that it is prudent to fol - low the requirements of the 2002 guidance to gain the comfort of the most recent guidance from the IRS . As such, the RHS program complies with the HRA rules . 013: Does ICMA-RC offer a program specifically for employer prefund- ing of retiree health care liabili- ties? Yes. ICMA-RC 's VantageCare RHS Employer Invest- ment Program ("EIP ") is available to help employ- ers meet the fund i ng requirements of the Govern - mental Accounting Standards Board 's "("GASB ") pronouncement on reporting for Other Post Employement Benefits ("OPES "), including retiree health care costs . The GASB rules require state and local government employers to account for the cost of promised retiree health benefits over the working l ives of employees. By prefunding these costs in a dedicated integral part trust (see 05 through 7) through EIP, employers can offset t heir f i nancial r eproti ng l i ab i l ity, as well as he l p assure that the as sets w i ll b e t he re to p ay th e promised benefit s. Contact your ICMA-RC Retirement Plans Specialist or call ICMA-RC at 1-800 -2 99 -9249 for more infor- mation about EIP. ESTABLISHING AN RNS PLAN - DESIGN. ADOPTION AND IMPLEMENTATION 014: What is the adoption procedure for e stabli shing an RHS Plan? 1. The employer first talks to an ICMA-RC Ret ire- ment Plans Specialist and reviews the benefits and features of the RHS program and how they may apply to the employer's current needs and capabilities. A preliminary decision is made on the following: a. Whether benefits will apply to all employ- ees or to a specific group or collective bar- gaining unit (if applicable). b . What contributions will be made and what the funding formula(s) will be . c. What medical benefits the program will reimburse. d. When employees will become eligible for benefits . 2. The employer makes a decision to proceed with the adoption and implementation process . The employer notifies the Retirement Plans Specialist that it is ready to proceed and undertake a complete evaluation of relevant adoption materials. 3. The employer meets with covered employee groups as appropriate. These may include col- lective bargaining groups. 4. ICMA-RC supplies the employer with the Van - tageCare RHS Return and Retain Booklets. These booklets contain all materials necessary to adopt the plan . 5. The necessary documents are prepared : • VantageCare Retirement Health Savings Plan Adoption Agreement. ICMA-RC pro- vides this document as part of the Return Booklet. All specifics of the program are outlined in the Adoption Agreement. (See 01 5 and 016 .) • RHS Declaration of Trust . ICMA-RC pro- vides a model trust declaration in the Retain Booklet. {See 015.) • Welfare benefit plan (if one does not already exist -see 015). The Retain Book- let includes a sample which may be adopt- ed by the employer. • Administrative Services Agreement. This document contains the agreement for the plan administration services provided by ICMA RC to the employer's RHS plan . 6 6. The employer obtains governing body approval to establish the RHS Program . ICMA- RC pr<;>vides a model resolution and model affirmative statement in the Return Booklet. 7. Employer returns required documents to ICMA-RC. 8. The employer submits employee enrollment information via EZLink. 9. The employer begins to transmit data and con - tributions to ICMA-RC via EZ Link (see 039 and 40). 015: What documents govern the RHS Plan? The provisions of an employer's RHS Program are governed by three documents that collectively comprise the VantageCare Retirement Health Sav - ings Plan. All three documents are provided by ICMA-RC as part of the adoption process . You may alternatively work with your human resources and benefits counsel to develop your own welfare ben - efit plan and RHS Trust documents. VantageCare Re ti rement Heal t h Savings Plan Adopti on Agreement: The Adopt i on Agreement spec if ies the details of the employer's RHS Pro - gram . For example, the Adoption Agreemen t details employee elig i bility requirements , sou rces of contributions , the level of contributions, vesting p rovisions {if any), the types of benefits that will be funded by the RHS trust, and procedures to be followed i n case of the death of the employee. See 016 for more i nformati on on employer options i n the RHS program. RH$ Dec laration of Trust: The Declarat ion of Tru st es t ab li sh es th e legal entity {"i nteg ral part tru st ") that holds the assets se t asi de to pa y for emp l oyees' retirement health benefits. As part of the adoption process, ICMA-RC provides a model trust agreement that has already received approval by the IRS for another employer for the basic plan concepts. {See 05.) You should check with appropriate coun- sel prior to adopting this document. Alternatively, this document may be dra fted by you in conjunction with your human resources or benefits counsel. However, if you develop your own Trust agreement, it must be reviewed by ICMA-RC prior to adoption to ensure compliance with integral part trust rules and conformity with ICMA-RC's administration of the RHS program. The welfare benefit plan: A written document should be in place in order to offer any tax-advan- taged welfare benefit plan, and you may have one in place already. This document(s) identifies the underlying benefits available to the employee/retiree such as medical, dental and long-term care coverage. As part of the adoption agreement process, ICMA-RC provides a sample welfare benefit plan that can be executed if an appropriate plan is not already in place. 016: What plan design features are available under the RHS Program? The RHS Program has been designed to both (1) allow the employer flexibility in establishing its Plan to best meet the needs of its employees and (2) minimize the administrative effort by the employer. In completing the RHS Plan Adoption Agreement, the employer may make choices regarding the following features . 1. Employee groups: The employer can deter- mine which groups of employees will be included in the RHS Plan (e .g. all employees, full-time employees, or a specific unit of col - lectively-bargained employees). A separate plan should be adopted for each group if dif- ferent features are selected for different groups. 2. Employee plan participation and eligibility crite- ria: The employer may make participation by the covered employees mandatory or elective based on an irrevocable election (see 017) and can establish a minimum age and/or period of service for participation. 3. Contributions: The employer can determine the funding typs and levels (e .g ., direct employer contributions and/or elective employee contributions). (See 019.) 4. Vesting : The employer may establish a vesting schedule for direct employer contributions if desired . (All employee contributions are auto- mati cally fully vested.) 5. Forfe itures : The employer determines how for- feited funds will be used when an employee separates from service prior to becoming fully vested , or in the rare case that assets must r evert to the trust after the participant's or sur- vi v o r ' dea th (s~e 032 ). 7 6. Benefit eligibility: The employer determines when participants will become eligible to use their RHS assets for medical benefits (e .g., at retirement or upon attainment of a certain age). (See 027.) 7. Permissible medical benefits: The employer can choose the types of medical expenses that will be reimbursed by the RHS Plan . (See 028.) 8. De Minimis benefits : The plan may allow par- ticipants that separate from service prior to attaining benefit eligibility to receive a payout of their account balance of $5,000 or less. The employer may select a de minimis value of less than $5,000 if desired . (See 031.) Q17: How much individual choice is permitted? A significant amount of individual choice is avail- able depending on options selected by the employer in the Adoption Agreement. • A plan may permit employees in the covered group to irrevocably elect to participate. Until such time as the employee elects to partici - pate , he or she does not participate in the pro- gram and does not receive or make contribu- tions . Once an employee elects to participate, there is no opportunity for the participant to rescind participation . Employers may provide an election "window" of up to 60 days. For newly hired or newly eli- gible employees, the election to participate may be effective no earlier than the calendar month following the end of the election win - dow. If an employee does not make the elec- tion i n the year of initial eligibility, the election may be made in a late r year. However, in this case , participation may not begin until the year following the election year. • A plan may permit employees to make a one- time irrevocable election to make pre -tax con - tributions from compensation (either a fixed dollar amount or a percentage of compensa - tion) on an ongoing basis. Once the election is made, the participant may not elect to receive the contribution as cash or part of compensa - tion. (See 019.) • A plan may permit employees to irrevocably elect to contri bute accrued vacati on , si ck or other leave to the plan . Accrued leave may be contributed each year or at separation, but only a single election will cover contributions of accrued leave . (See 019.) • A plan may permit employees to annually make an election to contribute a portion of the following year's accrual of vacation, sick or other leave. (See 019.) • A plan may permit voluntary after-tax contri- butions. (See 019.) 018: How do your employees get started? 1. The employer announces the RHS Plan to employees, notifies them of their eligibility to participate, and informs them of the Plan pro- visions as selected in the Adoption Agree- ment. ICMA-RC will provide an Announce- ment Letter which may be used for this pur- pose. ICMA-RC also provides enrollment kits containing forms and necessary information . 2 . The employee completes the enrollment form and any applicable contribution election forms and returns them to the employer. The enrol- ment form includes participant indicative data (e .g., name and address) and a beneficiary designation (see 032). Employees that are not electing to participate (see 017) should not complete the enrollment form . 3. Once the employer receives the completed enrollment form, the employer verifies the participant's eligibility to participate, and trans- mits the participant data to ICMA-RC via EZ Link (se e 040). The employer retains the con- tributi on election forms and uses the informa- tion on the forms to establish payroll process- ing of emp loyee contributions. 4 . ICMA-RC sets up the participant's account that day, if the enrollment information is received pri or to 4 :00 p.m . Eastern Time . 5 . ICMA-RC sends the participant a welcome let- ter the business day following the establish - ment of the new account. 6 . The participant can make changes to the ac count, including investment allocation (see 026 ), by Vantageline , Vantagelink or by s p eak i ng to an ICMA-RC Investor Services associa te . 8 7 . If any employees are eligible for benefits upon enrollment, the employer should notify ICMA- RC of their benefit eligibility through EZ Link when the employee is enrolled . The employee should also complete a VantageCare RHS Ben- efit Eligibility Form . (See 027 .) CONTRIBUTIONS 019: What types of contributions can be made to the RHS Plan 7 All contributions must be specified in the Adop- tion Agreement. These contributions may be any or all of the following: • Direct employer contributions+ Direct employer contributions can be either a flat dollar amount or a percentage of earnings for each participating employee. (Note that percent- age -of-earnings contributions may be subject to nondiscrimination testing for non-collectively-bar- gained plans or plans that permit benefit pay- ments for other than insurance premiums. (See 041)). No FICA (Social Security and Medicare) or income tax applies to the contri buted funds, and, if used for participant, spouse or dependent medical expenses, no FICA or income tax will be due at distributi on. The RHS Program default is immediate 100% vest- ing for direct employer contributions, but, if desired, the employer can establish a vesting schedule. • Mandatory unused leave contri butions+ The RHS Plan can also provide a way to defer unused sick, vacation and other types of leave . No FICA or income tax applies to the contributed funds and , if used for participant, spouse or dependent medical expenses , no FICA or income tax will be due at distribution. These unused leave contributions are mandated by the employer -employees may not choose whether or not to make these contributions. The contribution formula may provide for annual con - tributions or balloon contributi ons at the time of r t:tlir erntmt. The employer can establish an unused leave contri bution formula that best fits the needs of its cove , ,d employees. Contributions of unused leave are always 100% vested. • Mandatory pre-tax contributions of compensa- tion A plan may require indivi duals to contribute a cer- tain portion of their salary. For example, the employer might grant a salary increase of which part is paid to the indivi dual and the other portion d i rected to RHS for all covered employees. Alter- natively, the employer m i ght mandate t hat all or a portion of an incentive payment be contributed to the RHS Plan . Employees may not choose whether or not to make these contributions; they are mandated by the employer. Mandatory pre-tax contributions are always 100% vested . As with mandatory unused leave contributions, neither the employer nor the employee will pay FICA or income tax on the con- tributed funds, and, if used for participant, spouse or dependent medical expenses, no FICA or income tax will be due at distribution . • Irrevocable elective pre-tax contributions of compensation or accrued leave+ A plan may also provide for pre-tax contri butions to be made by the individual on an elective bas i s . Once elected, these contributions may not be changed or rescinded . Employers may provide an annual election "win- dow" of up to 60 days for employee elections. For newly hired or newly covered employees, the election to c ontribute may be effective no earlier than the month follow i ng the end of the election window. A parti c i pant t hat does not make the e lecti on in t he y ea r of i n it i al eligibility may make t h e e lection in a s ubseq uen t y ear. Howev er, in t h is case, contributions will not begin until the year following the election year. Neither the employer nor the employee will pay FICA or income tax on elective pre-tax contribu - tions, and, if used for participant, spouse or dependent medical expenses, no FICA or income tax will be due at distribution. Compensation: The plan may provide for an employer-fixed per- centage (e.g ., 5%) that all electing employees would make , a range chosen by the employer (e .g ., 3%, 5%, 7% or 10 %), or employee choice of 9 the percentage (e .g ., up to 10 %), as long as the election is irrevocable. The employer specifies the acceptable range or the limit i n the Adoption Agreement .* * Employers should discuss with counsel the number or range of choices provided to partici- pants. The IRS guidance upon which th is election is based consisted of three specific percentages of compensation. Accrued Leave : The employee may also be permitted to irrevoca - bly elect to contri bute accrued vacation, s ick, or other leave . Accrued leave contributions may be made annually (e .g ., all leave in excess of a speci- fied number of hours), or at separation from serv- ice or retirement . A single election covering accrued leave must be made no later than the cal - endar year prior to the contribution. Newly hired or newly eligible employees may make the e lec- tion to contribute in the month prior to the month of contribution . Although ICMA-RC accepts these contributions and is confident that the IRS would find them accept- able, employers should be aware that the PLR doesn 't cover elective pre-tax contributions of compensation or accrued leave. ICMA-RC accepts them as a result of an opinion of outside counsel, which is available from ICMA-RC . (See Q 5 .) • Prospective election to contribute annual leave+ The employer's plan may allow participants to make an elect i on each year to contribute annual leave (sick, vacation , etc .) to t heir accounts. The election is val i d for accruals earned during the fol - lowing ca le nda r y ea r and may be changed for subsequent years. However, t he e l ecti o n may not be revised or rescinded for the immediately fol - lowing year. Neither the employer nor the employee will pay FICA or income tax on prospective annual lea v e contributions, and, if used for partici p ant, sp ouse or dependent medical expenses, no FICA or income tax will be due at distribution . Although IC M A -RC accepts prospective annual leave contributions and is confident that the IRS would find them acceptable, employers should be aware that the RHS PLR doesn't cover prospective annual leave contributions . ICMA -RC accepts them as a result of an opinion of outsi de counsel, which is available from ICMA-RC . (See 05.) • Voluntary after-tax contributions* Up to 25 % of total RHS plan contributions may be voluntary after-tax participant contri butions. (These contributions are the only RHS contribu- tions subject to FICA and income tax .) Earnings on these contributions are tax-deferred, and bene- fit payments are, of course, nontaxable if used for participant, spouse or dependent medical expense reimbursements . These contributions should be tested for the 25% limit at the plan level although the employer may wish to set a participant level lim it as well. The contri butions may be started and stopped by the participant as permitted by the employer. Although ICMA-RC accepts these contributions and is confident that the IRS would find them acceptable, employers should be aware that the PLR doesn't cover voluntary after-tax contribu- tions . ICMA-RC accepts them as a result of an opinion of outside counsel. (See O 5.) + These contributions are treated as employer contri butions by the IRS and not subject to FICA or income tax. Since they are considered employer contributions by the IRS, these con- tributions satisfy the requirement for "sub- stantial financial involvement " as required by the integral part trust rules (see 06). However, ICMA -RC will recordkeep the contributions separately in employer (subject to vesting) and employee pre-tax (mandatory leave, mandato- ry pre-tax and elective pre-tax) sources. * Volun t ary after-ta x contri buti ons will b e s ource d s epa r ately and are subject to FICA and i n come tax. Q20: How are RHS contributions r e port- ed on the employee's Form W -2 ? Because direct employer and pre-tax employee contributions (whether man d atory or irrevocably elected) are not taxable wages and are not subject to FICA taxation (see 037), these contributions are not reportable at all on Form W-2. (The employer may report these contributions for information purposes in Box 14 "Other", if desired .) Employee voluntary after-tax contributions to the RHS Plan are subject to both income and FICA tax- 10 ation. These contributions are reportable as Gross Wages and FICA Wages (Boxes 1, 3, and 5). There is no requ i red reporti ng in Form W-2, Box 12 , for any RHS Plan contri butions . Q21: What are some examples of contri- butions allowed by employers? Employer #1 has chosen to provide all of the fol- lowing types of contributions for employees: • Flat dollar contribution for all employees in the amount of $350 to a reimbursement account covering all medical expenses; • 1 % of each full-time employee's salary above $35 ,000 as a direct employer contribution to an account that reimburses only for insurance premium reimbursement in order to eliminate any potential for nondiscrimination issues (see 034); • 10 % of an employee's accumulated sick leave at the time an employee leaves service with the employer, if the employee has at least 10 years of service w ith the City. Employer #2 cont r ibutes $1 ,300 per employee per year. In addition , at retirement, the dollar equiva - lent of accrued vacation and sick leave up to $40 ,000 pe r retiree is contri buted on a mandatory basis . Employer #3 contributes on a mandatory bas i s : • Annual unused sick leave as prescribed i n the existi ng employee contract ; • O ne-t i m e bonu ses and a w a rds ; • Annual unused vacation accruals exceeding 320 hours; • Annual unused administrative leave, not to exceed 64 hours; • All unused sick leave not to exceed 500 hours upon retirement or other separation of service; • All unused administrative leave and vacation accrual on retirem en t or separation . Employer #4 contributes d irect employer contribu - tions equal to 3% of compensation per employee, plus additional 1 % of compensation for employees ( contributing annual leave of 16 hours per year. An employee who has accrued 40 or more hours of unused annual leave must contribute on a manda- tory basis all such leave over 40 hours to a maxi- mum of 16 hours per year. Employer #5 granted a 1 % salary increase which must be contributed to RHS as a mandatory pre- tax employee contribution . Part icipants may irrev- ocably elect to contribute a whole percentage of salary as a pre-tax contribution ; the contributi on may be from 1 to 5% of salary. The participant may irrevocably elect in the year prior to retire- ment eligibil ity to contri bute accrued vacation and sick leave at separation from service . Employer #6 may make a discretionary direct employer contribution ; the l evel of the contribu- tion will be determined each year by the govern - ing board. In some years, no employer contribu- tion will be made. A mandatory accrued sick leave contribution will be made on behalf of all partici- • pants that elect to make at least a 1 % of compen- sation contribution , or to contribute at least 8 hours of vacation leave on a prospective basis . Participants may irrevocably elect to contribute up to 10% of compensation on a pre-tax basis. In addition, participants may make a prospective electi on to contribute the following year's vacation leave in 8-hour increments. Other employers use age, years of service and date of h i re as part of the formulas that determine contributions. 022: Are there limits to the amount of contributions that may be made in a given year? T he r e are no percentage or dollar limitations on t he a mount of c ontributi ons to RHS made on a tax-advantaged basis to RHS. The on ly c u r rent limitation is that no more than 25% of total plan contributions (or 33 1/3% of pre-tax employer and employee contributions) may be voluntary after- tax contri buti ons. The employer may want to consider p laci ng a rea - sonable fixed dollar limit on electi v e p re -tax con - tributions, in order to ensure the RHS program does not provide benefits in excess of reasonable benefits normally provided by such a welfare plan . 11 023: How are the contributions coordi- nated with Section 457 and 401 pJans? Contri butions to RHS are not coordinated with and do not offset contributions that may be made to Section 457 and 401 plans. However, there may be an i ndirect impact relative to mandatory and elect ive pre -tax contributions. Since these contri - butions reduce "gross compensation" for Form W -2 purposes, they may lower the base on which the contributions to a 457 or 401 plan are calculat- ed , depending upon the terms of the 457 or 401 plan . ICMA-RC's model 457 and 401 plan docu- ments include RHS contributions as compensation for retirement plan contribution calculations (see 019).* * Note that RHS contributions will not be counted as compensation for purposes of the statutory limits on 457 and 401 plan contributions. 024: Are contributions made to the account included in "pension- able" compensation? The definition of compensati on covered by the employer's pension will need to be examined to determine whether any of the RHS contribution types are considered part of compensation on which pension benefit calculations are made. The employer should contact the pension plan provider to determine proper treatment. 025: When does the employer make contributions? The employer can elect to send contributions to ICMA-RC at any interval (e .g ., weekly, bi -weekly, monthly, quarterly, annually, at retirement or at some other prearranged date). The employer can r em it the contr ibuti ons v i a chec k o r electron ic funds transfer (EFT). PLAN INVESTMENTS 026: Where will RHS assets be invested? T h e i nves tm e nt f u nds av ai lab le to RH S partici- pants are ICM A -RC's Vantagepoint Funds±. These 19 f u nds consist of nine actively managed funds, five mode l portfolio funds, and five index funds. Upon initial enrollment in the RHS Program , a par- ticipant's investment allocation is automatically established as the Vantagepoint Money Market Fund *. The participant may subsequently change the investment allocation for future contributions at any time through ICMA-RC's Vantageline (toll - free automated service line), Vantagelink (Internet Web site). or an ICMA-RC Investor Services Repre- sentative. Additionally, existing balances can be transferred among the Vantagepoint Funds at any- time through Vantageline, Vantagelink, or an ICMA-RC Investor Servi ces Representative. When ICMA-RC is notified of a participant's death , the account balance will automatically be trans- ferred into the Vantagepoint Money Market Fund . Moving the account balance into the Vantagepoint Money Market Fund may provide protection to the employee's spouse/dependents or beneficiary(ies) against a market downturn. This will avoid poten- tial problems arising from a reduction in the value of a participant's account due to a drop in the mar- ket. The spouse/dependents or beneficiary(ies) may transfer the account balance from the Money Market Account into the investments of their choice at any time. ± * A transaction fee of 2 % may be applied to the value of amounts transferred from the Income Preservation Fund. Please consult the current Vantagepoint Funds prospectus carefully for a complete summary of all fees, expenses, charges, financ ial highlights and investment objectives, risks and performance information prior to investing any money. Vantagepoint securities are distributed by ICMA -RC Services LLC, a broker dealer affiliate of ICMA-RC, member NASD/SIPC. For a current prospectus, contact ICMA -RC Services LLC, 777 North Cap i tol Street NE, Washington , DC 20002- 4 240. 1-800-669 -7400. A n in v estmen t i n t he Va ntagep oin t Mon ey Market Fund is neither insured nor guaranteed by the U.S. Government and there can be no assurance that the Fund will be able to main- tain a stable net asset value of $1 .00 per share. MEDICAL BENEFITS AND PLAN DISTRIBUTIONS 027 : At what point are employees eligi - ble for and what procedure do they follow to begin receiving medical benefi t s? The employer determines the benefit eligibility cri- teria for participating employees via the Adoption 12 Agreement (see 015). The RHS program has been designed to allow the employer the flexibility to choose the benefit eligibility criteria that best meets the needs of its employee group. For exam - ple, the employer might select separation from service or "retirement"* as the appropri ate t i me for benefit el i gibility. Alternatively, a specific age (e .g ., 65) could be chosen, or a combinati on of separation and a specific age . * If the employer selects "retirement " as the pri- mary eligibility criteria, a secondary criteria (e .g ., age 55) must also be provided for. Employees that separate from service prior to "retirement" will become eligible for benefits under the secondary criteria. There are two steps that must be taken when an employee becomes eligible for medical benefits. Benefit payments cannot be processed until both steps are completed. • The employer must notify ICMA-RC via EZ Link (see 040) when an employee becomes eligible under the employer's chosen criteria. • The employee must complete and send the VantageCare RHS Plan Employee Benefi t Eligi- bility Fo r m to Zen ith Adm i n istrators, Inc, ICMA-RC 's third party claims admin i strator (see 034). This form provides information on the spouse and el i gible dependents to Zenith . The employee will then be able to submit reim - bursement requests directly to Zenith on the Van - tageCare RHS Plan Benefits Reimbursement Request Form, available through the employer, ICMA-RC, or Zenith. Medical expenses incurred before the parti ci pant i s elig i bl e will not be re i m - bu rs ed. 028: What medical benefits can be pro- vided to participating employees? When adopting the RHS Plan, the employer chooses the medical benefits that will be offered to participating employees. The employer may offer reimbursement for all qualifying medical expenses as defined in Internal Revenue Code Section 213 (i .e., medical costs that would other- wise be deductible to the employee on his or her individual income tax return) other than direct long-term care expenses.* * Direct long-term care expenses are defined as amounts paid for long -term care (of a custodial rather than medical nature) other than through a long -term care insurance policy. Long-term care insurance premiums are an allowable expenses under the RHS plan. Alternatively, the employer may choose the bene- fits that will be provided. For example, reimburse- ments may be made available only for health insurance premiums, COBRA premiums , Medicare supplemental i nsurance premiums, dental insur- ance prem i ums, out-of-pocket med i cal costs, qual- ified long -term care insurance, etc. The employer may allow reimbursement for only one benefit, or for any combination of qualifying medical costs . Information about what constitutes a qualifying medical expense can be found in IRS Publication 502, Medical and Dental Expenses , available on the IRS Web site at http://www.irs.gov/ and in the RHS Employer Manual (see 044). Generally, the expenses perm itted are all expenses "paid for diagnosis, cure, mitigation, treatment, or preven - tion of disease, and for treatments affecting any part or function of the body." Insurance premiums covering these expenses are also permissible, as are expenses for certain over-the -counter medica - tions. Cosmetic surgery and expenses that may be merely beneficial (such as vacations) are not per- missible. 029: What circumstances permit a par- ticipant to receive assets from the account? As the sole function of the trust i s to provide for medical expenses for the participant, spouse, dependents, and survivors, there are no other cir- cumstances under wh ich the parti c i pant may re ce ive account assets , except i n the case of de m ini m is acc ounts (se e 031 ). 030: Are there any emergency with- drawal provisions 7 Unlike Section 457 plans, there are no provisions fo r withdrawals in the event of a financial hard- ship. However, an RHS participant that is eligible for medical expense reimbursement will be able to use RHS assets in the event of a medical emer- gency or hardship. 031 : What happe ns when a participant l e aves the e mployer prior to b e n efit e ligi bility? When an employee separates from service, imme- diate lump-sum payment will be made if the accoun t balance is de minimis. A de minimis ben - 13 efit i s provided for employees that separate from service and are not benefit eligible on separation (see 02n with vested account balances of $5 ,000 * or less. If a participant is benefit-elig i ble upon sep- aration or has a balance of more than $5,000 , the de m i nim i s provision will not apply. * The employer may select an amount lower than $5,000 or may choose not to include the de minimis benefit. In the situation where a separating parti cipant's account balance is not de minimis , the employer's plan will provide for medical benefit el i gibility either immediately or at a future date (e.g., age 65). (See 027 .) See 037 for a discussion of the tax treatment of de minimis benefits. 032: What happens to the account bal- ance when the participant dies? An i mportant feature of the RHS Program is that it provides for continuing benefits for survivors of deceased participants. • Surviving spouse and /or dependent(s): Upon the participant's death , remaining assets will be transferred to an account fo r continuing tax-free use by the surviving spouse and /or dependents for their own qualifying health expenses. If there are assets remaining upon the death of the spouse and all dependents, they will continue to be available for medical expense use on a taxable basis by the named beneficiary(ies) of the last spouse or depend- ent to die. This taxable use by a named bene- ficiary(ies) will continue until there are no longe r any assets , or no named b enefici ary ca n be located . At t hat t i me, any rema i ning assets w ill revert to the RH S trust to be used as a "forfeiture" in the employer's RHS plan . • No surviving spouse or dependent(sl : If the participant is not survived by a spouse or dependents, the account assets will be trans- ferred t o an account for medical expenses on a taxa bl e basis by the named alternate benefi- ciary(ies) of the participant. If assets remain in the account upon the death of the named beneficiary(ies), they will continue to be used on a taxable basis for health expenses of the beneficiary(ies) of the participant 's beneficiary. This taxable use by a named beneficiary(ies) will continue until there are no longer any assets, or no named beneficiary can be locat- ed . At that time, any remaining assets will revert to the RHS trust to be used as a "forfei - ture " in the employer's RHS plan. In the case of medical expenses reimburse- ments for a non-spousal or non-dependent beneficiary, no payments will be allowed until the year following the year of the participant's death. This will ensure that no FICA taxes will be due on the distributions . See 037 for a discussion of the tax treatment of survivor benefits . Q33: Who will pay medical benefit claims? The participant (or his/her survivor) will make the initial payment for medical expenses that are paid directly to the service or insurance provider. The employer may also make the initial payment for insurance premiums. Reimbursement for elig i ble benefits (whether direct expenses or insurance premiums) will be handled by Zenith Administrators, Inc., a third- party administrator hired by ICMA-RC (see 028). Zenith will reimburse the participant or employer on receipt of completed benefit reimbursement forms . An exception to this procedure exists for situations where the participant has recurri ng expenses (e .g. insurance payments). In this case , reimbursement can be made on an automatic pay- ment basis to the participant after the appropriate- ly completed request i s filed with Zenith. In situations where the employer pays insurance premiums on behalf of the participants, the employer may request reimbursement d i rectly from Zenith by using the appropri ate fo r m. An automat ic reimbursement can be established fo r re curri ng pre m i um payments . 034: Who is Zenith Administrators? Zenith Administrators, Inc., is a third-party claims administrator hired by ICMA-RC to perform administrative serv ices fo r the RHS program as directed by ICMA-RC. Ze n ith is w el l-versed in medical benefit claims processing (its 700 employ- ees currently serve 400 client funds), and is famil- iar with the workings of ICM A -RC's RHS Program . All questions regarding claims should be directed to Zenith at 1-800-788-5885 . Please request to speak with the ICMA-RC VantageCare RHS claims representative . Zenith 's claims representatives are available from 9 :30 a .m . to 5:30 p .m . Eastern lime. 14 Q35: Is Zenith Administrators HIPAA compliant? Zenith Administr at ors, the third party claims processor util ized by ICMA-RC for the RHS pro- gram (see 034), has instituted procedures to com- ply with Health Insurance Portability and Account- ability Act of 1996 ("HIPAA") requ i rements . At the request of employers, ICMA-RC will sign HIPAA "business associate" agreements after legal review of the agreement. 036: What is the procedure for reim- bursement? How long does it take? When a participant becomes benefit-elig i ble, the employer notifies ICMA-RC and the participant notifies Zenith Administrators (see 027). The par- ticipant may then submit medical claims to Zenith Administrators for reimbursement on the Vantage - Care RHS Plan Benefits Reimbursement Request Form . Zenith reviews the claim to ascertain that the ind ividual is benefit-eligible and that the expense is one covered by the employer's plan. If these conditions are met, Zenith will process the claim and coordinate payment with ICMA-RC . All claims will be paid, suspended , or denied i n writ- ing within 30 days. If claims are denied , there is an appeal process , which ends with a final determi- nation on any denied claim by the employer. The RHS Plan Employer Manual includes a detailed description of the appeal process (see 044). TAXES Q37: How are payments from RHS accounts treated for tax purposes? RHS benefits paid i n the form of med i cal e x pense r eim b ursements w i l l never be taxed to the pa rtici- pant, his or her spouse, or dependents (whether paid before or after the death of the participant). No income tax withholding or reporting is required, and the benefits need not be reported at all by the recipient on h is or her income tax return . De minimis benefits and medical expense reim- bursements paid to a non -spousal /non -dependent beneficiary, on the other hand, are taxable bene- fits. In these instances, the recipient of the funds (ei ther i:i utmeficiary or the participant ) w ill receive a tax reporting form , and income tax will be payable. In the case of de minimis benefits, FICA taxes w ill also be payable. (See 031 .) ) Income Taxes Type of RHS Benefit Is the Benefit Is Federal Income Income Taxable? Tax Withheld? Medical benefits No No paid to employee Medical benefits No No paid t o spouse/dependents Medical benefit Yes -to beneficiary No paid to non-spouse, receiving non-dependent the payment beneficiary (in year following year of death or later) (See 031.) De Minimis Yes -to participant Yes account payout (See 031 .) * OASDI = Social Security and HI= Medicare The chart above outlines the tax rules fo r RHS payments. 038: What is the employer's responsi- bility with respect to tax report- ing and remittance 7 The r esponsibiliti es of Zenith and the employer re l ative to FICA taxes and federal and state incom e taxes are ou tli ne d i n the RHS Plan Em ploye r Manual (s ee 044.) For de minimis payments, the distribution will be sent by Zenith to the employer, along with a transaction summary. The employer will then cal- culate, withhold, and transmit the employer and employee shares of FICA (if applicable) as well as the applicable Federal and state/local income taxes and pay the net amount to the participant. The employer includes the distribution on the employee's W -2 as FICA and income tax wages. Survivor benefit payments made in the form of medical expense reimbursements to a beneficiary (other than the participant, spouse, or depend- ents) are taxable . These payments will be made only in years following the year of the partici- 15 Tax Reporting FICA by Is State/Local Income Is OASDI/HI* Tax Withheld? Withheld if Applicable? No No N/A No No NI A No No -OASDI /HI ICMA-RC taxesare not requ'iredto be paid Yes , if required Yes -if employee Employer by state /local law was covered by OASDI and /or HI pant's death . This will ensure that n o FICA taxes will be due on the distributions. ICMA-RC will prepare Forms 1099-MISC for the total reimburse- ment made to each beneficiary. No income tax withholding will be performed. The beneficiary i s responsible for payment of income taxes either through estimated payments or when his or her income tax return if filed. ADMINISTRATIVE 039: Are the re any ongoing employer res ponsibilities re lated to the a dmi nistration of the RHS Pro- g r am ? The primary responsibilities of the employer are to provide enrollment materials to employees when they become eligible to enroll in the Pro - gram and to send RHS contributions and contribu- tion detail to ICMA-RC . Ongoing responsibilities include the following : • Provide enrollment data via EZ link (see 040) for employees participating i n the Plan . • Retain file copies of employee enrollment and change forms . • Submit all RHS Plan employee informati on changes (e .g ., address changes) via EZ Link. • Provide benefit eligibility dates, termination dates, and reason for termination via EZ Link. • Remit withheld employee FICA, federal and state income taxes to the appropriate taxi ng authori- ties and file Forms W-2 for any de minimis bene- fit (see 038). 040: What is EZ Link? EZ Link is an Internet-based program developed by ICMA-RC that provides employers with greater con - trol over plan administration . EZ Link gives employ- ers electronic access to a wide range of plan specific information, transaction -processing capabilities such as contribution processing, enrollments and indica- tive da t a changes and keeps employers up-to-date on the latest in plan changes. RHS Plan administra- tion is done almost entirely through EZ Link -partici- pant enrollment, account changes, benefit eligibility notification, and termination notification are all com- municated to ICMA-RC electronically via the Internet. More information on EZ Link is available from the Employer Services Unit of the Investor Services Divi- sion at ICMA-RC 's Corporate Office . Please call (800) 326 -7272 . 041: Are there nondiscrimination require- ments that apply to the RHS Plan? As with your other health and welfare benefit plans, RHS plans are generally covered by nondiscrimina- t ion requirements found under In t ernal Revenue Code Sect i on 105(h). These rules a r e si m i la r t o t he non -discri mination rules that apply t o cafet e ri a plans and flexible spen d i ng acco u nts. There are two circumstances under which an RHS plan will not be subject to these requirements: 1. If your RHS Plan is limited to one or more collec- tive bargaining groups. 2. If your RHS Plan limits reimbursement to insur- ance premiums only (health insurance premi- ums, Medicare supplemental insurance premi- ums , Medicare Part B insurance premiums , COBRA insurance premiums, long -term c are i nsura n c e premiums , etc.) If your RHS Plan falls into one of the two categories above, health and welfare nondiscrimination require- ments w i ll not apply. What does all this mean for your RHS Plan? It means that if your plan covers only a collective bargaining unit or only reimburses insurance premi - ums, you can establish it without concern for the nondiscrimination requirements. Otherwise, you need to consider the nondiscrimination requirements when developing your Program . Plans that do not meet nondiscriminati on requirements are not disal- lowed; they must test benefit reimbursements . Shou l d your plan be determined to not meet the nondiscrimination requirements, the effect will be that the non-insurance benefits paid for your highly compensated employees may be taxable to those individuals. You may want to cons i der talking to your benefits counsel regarding your responsibilities for testing this and other welfare benefit plans. 042: What types of reports will employers and employees receive? The RHS employer will receive two types of state- ments for an RHS Plan - • Quarterly Summary Plan Statements provi ded by ICMA-RC and listing i nformation on contri bu - tions, investment earnings, and distributions for all participati ng employees. The statements will use the same format as ICMA-RC 's 457 and 401 retirement plan statements. • Quarterly Disbursement Report provided by Zenith Adm i nistrators , Inc. summarizing all claims paid out of the employer's RHS Plan . This quarterly D isbursement Report will outline on an aggregate bas is , as well as on a pe r-partici pant bas i s, t he t ypes of cla i ms pa i d (i.e., insurance , o ther medica l , a nd d e m i n i m is).* Th i s re port will allow the employer to track participant usage of its RHS Plan . * Protected health information (see 035) will not be included in the quarterly disbursement report. 16 The employer will also receive confirmations of con - tributions and reinvested earnings . Note: all employer-level reports will be sent to the employer's RHS Trustee . If the employer is not the Trustee, the employer may request a copy be sent to itself as well. (_ RHS participants will receive Quarterly Summary Plan Statements, showing the activity in their individual RHS accounts. Participants will also receive confirma- tions of benefit payments, address changes, invest- ment allocation changes, and fund to fund transfers. 043: What fees does ICMA-RC charge for the RHS Program? ICMA-RC does not charge any employer-level fees for the RHS Plan . Each quarter, the following fees will be assessed to participant accounts. These fees will be reflected on participants' quarterly statements. • Account fee: An annual account fee of $30 will be charged to the participant's account on a quarterly basis ($7 .50/quarter), and • Asset fee : An annual asset fee of 30 or 40 basis points (0.30% or 0.40% of the account) will be assessed to the participant's account on a quarterly basis. Your ICMA-RC-administered 401 and 457 plan average participant account balance determines the asset fee that will apply to your RHS Plan . If your average par- ticipant account balance totals $25,000 or more, the annual asset fee will be 30 basis points (0.30%). If your average participant account balance is less than $25,000, or if you do not have a 401 or 457 plan with ICMA-RC, the annual asset fee will be 40 basis points (0 .40%). (When the average participant account bal- ance in your ICMA-RC-administered section 401 and 457 plans totals $25 ,000 or more (based on the bal - ances in your retirement plans on the last day of the previous quarter), ICMA-RC will reduce the annual asset fee to 30 basis points (0.30%) for the subsequent quarter. Once the fee is set at 30 basis points it will not subsequently be increased if average account balances go below $25,000). Fee example: If a participant's account balance as of the close of the prior quarter was $10,000 and your plan has an annual asset fee of 40 basis points, the fee charged to the par- ticipant 's account for the quarter will be $17 .50: a $7 .50 account fee plus a $10 asset fee . For de minimis benefits (if applicable to your plan), 1CMA-RC will assess a flat $25 fee, which will be col- lected through the sale of shares in the participant's account just prior to the payout. RHS fees are subject to change with appropriate prior notification . RESOURCES Q44: What information will I receive to assist in ongoing plan admini- stration? The VantageCare Retirement Health Savings Plan Employer Manual is available on line through EZ Link, the required portal for submission of enrollment, con- tribution, termination and eligibility information to ICMA-RC (see 040). This document is invaluable in detailing all the administrative procedures involved in maintaining an RHS plan. You may download and print this manual if desired. The Manual includes as exhibits all forms used in plan administration, a copy of Publi- cation 502 (the IRS publication detailing eligible med- ical expenses), and examples of confirmations for vari- ous transactions. Q45: Whom should I call with other ques- tions regarding the RHS Program? For adoption questions, your ICMA-RC Retirement Plans Specialist (RPS) is the best starting point for questions about RHS . He or she can point you to an RHS expert at ICMA-RC for technical or complex inquiries. If you don't have an RPS or don't know who the individual is, you may call (800) 326-7272. For EZ Link questions, supplies of publications and forms and administrative assistance once you have adopted the plan, you may contact RC's Employer Ser- vices Un it (ESU) in the Investor Services Division at (800) 326-7272 . Employees will be provided a separate number to call in the program material they are pro- vided at the time of adoption. 17 ~·- ICMA RETIREMENT CORPORATION 777 North Capitol Street, NE Wash ington . DC 20002-4240 1-800-299-9249 www.icmarc .org B RC000-050-0604 -30-C331 June 2004 2007 Budget Summary City of Englewood 10 a Contact : Finance & Admlnistrlttve Sef'vlcel 303-762-2416 www .eoglewoodgov .org , .. 2007 GENEf'AL nND REVENUES 1% 1% 3% 2% 1% 1% Property Tax Specific Ownership Tax Sales & Use Taxes Cigarette Tax Franchise Fees licenses & Pennits lntergo¥emmental Revenue 60% 2,565 ,000 Fines & Forfeitu res 386 ,335 Charges for Services 22 ,540 ,447 Interest 310 ,000 Recreation 2,408 ,750 Miscellaneous & Other 621 ,090 Other Sources of Funds 1,183 ,470 Total Revenues • Sales & Use Taxes 58% aPropenyTax 7% C Charges for Services 8% C Franchise Fees 6% a Reaeation 6% a Fines & Folfeitures 4 % a 1ntergovemmental Revenue 3% [] Licenses & Permits 2% • Other Sources 1 % a Specific Ownership Tax 1 % CCigarette Tax 1% • Miscellaneous & Other 1 % 1,493,500 3,090,000 300 ,000 2,226 ,928 158 ,713 279 ,030 s 37,563,262 2007 GENERAL FUND EXPENDITURES a Safety Svcs 43% aReaeation 15% C Public Worlcs 13% C Debt Service 5% 301 3% 2%2% 2% 1% 1% 4% /0 4% 44% a community Dev 4% • Finance & Admin 4% a Information Tech 3% 1:1 Library 3% aeourt 2% 5% a city Attorney 2% C City Manager 2% 16% Legislation City Attorney Court City Manager Human Resources Finance & Admin . Services Information Technology Fund Balance 01/01/07 Sources Over/Under Uses Required Reserves Fund Balance 12/31/07 ...... 325 ,959 Public Worl(s 740,792 Safety Services a Human Resources 1% aLegislation 1% 5,219,552 16,969 ,856 932,562 Community Development 1,721 ,645 712 ,128 Library 1,343,700 563 ,298 Recreation 5,757,923 1,725 ,170 Debt Service 1,869,761 1,313 ,826 Contingency 395 ,000 Total Expenditures s 39,591,172 s 7,537,883 (2,027,910) 1,153,800 s 4,356,172 Revenues Expendltum Debt Service Funds Debt Service Funds account for the accumulation and pay- ment of bond principal and interest other than long-term debt accounted for in an enterprise or internal service funds General Obligation Bond Fund $ 1,105,000 $ 1,100,406 PD # 38 $ 44,211 $ 48 ,503 Special Revenue Funds Special Revenue Funds account for specific re~ues that are legally restricted to expenditure for particular purposes. Conservation Trust Fund $ 315 ,000 $ 286 ,000 Commercial Rev Loai Fund $ 10 ,000 $ 30 ,200 Community Devel Fund $ 450,000 $ 450 ,000 DonorsFund $ 128,100 $ 112,985 Malley Center Trust Fund $ 23 ,000 $ 50 ,000 Parks & Recreation Trust $ 13 ,500 $ 19,000 Special Assessment Surplus & Deficiency Fund Open Space Fund Capllal Projects Funds $ 2,000 $ 17,234 $ 652 ,000 $ 939 ,000 Capit8J Projects Funds account for the acquisition and con- struction of major facilities IXher than those financed by pro- prietary funds and trust funds . Public Improvement Fund Capital Projects Fund $ 3,319 ,489 $ 3,037 ,735 $ 1,635 ,205 $ 1,485 ,205 Revenues Expendltum Internal Service Funds I\ Internal Service Funds account for the financing of goods or W services provided by one department or agency to other departments or agencies of the government, and to other governmental units , on a cost reimbursement basis . Servicenter Fund $ 1,862 ,490 $ 2,018 ,762 Capital Equ ip Replant Fund $ 765 ,633 $ 1,089 ,664 Central Services Fund $ 345 ,000 $ 354 ,605 Risk Maiagement Fund $ 1,318 ,632 $ 1,273 ,985 Employee Benefits Fund $ 4,718 ,253 $ 4,700 ,200 Enterprtse Funds Enterprise Funds account for operations financed and operated in a manner sirrwlar to private business ente,prises. Water Fund $ 7,564 ,205 $ 8,264 ,659 Sewer Fund $ 12 ,250,065 $ 28,965,450 StormDrainageFund $ 315 ,500 $ 351 ,110 Golf Course Fund $ 545 ,500 $ 1,683 ,429 Conaete Utility Fund $ 621,200 $ 674 ,632 Housing Rehabilitation Fund $ 1,824 ,500 $ 1,824 ,500 Joint Venture Joint Ventures are sep8(81e legal entities in which govern- ments pamcipBte in a sep818te and specific activity for the benefit of the public or seMCe recipients and in which the governments retain ongoing financial interests. Littleton/Englewood Wastewater TreatmentPlaltFund $ 50 ,185,270 $ 50 ,185,271 09-18-'06 11 :40 FROM-CCN PllOOF OF l'UIILICATION THE ENGLEWOOD HERALD STATE OP' COLORADO COUNlY OF ARAPAHOE ss I, Jeremy s. Bangs, do solemnly swear that I am the Managing Editor of THE EN6LEWDOD HERALD and char umo Is a wffldy neW&p&Per pub- lished in the City of Ulllllton, in the County of Arapahoe, State of Cotoraoo, and has a . general cifeulation therein; that aaid news· paper has been publ!sned conanuou91Y and ·. uninlanupledly in said County of Arapahoe ro, a per10C1 of more than 52 weeks p,lor to the first publication of the an.'1Ued notice; mar said newspaper la entared In the Post Office al L.itlleron, Colorado u sec:oncs · ·: Cla;la Mal manet and that .the said new.s-·· .. paper la a newspaper within the meaning of :. · lhe ·act of . the ,General Assembly of the (· Slate of Colorado, approved March 30,: 1923, and entitled "Legal Noefces anc( .Advenisements" and Olher acts relallng to .; . · the printing and publishing of legal notices ~ •ncl was published_ in the l9Qillar and enara ' issues of said newspaper, once Nch week.:. on the same day of oaet, weok, for • perfocf of ~ conHCUtlve insertlOnl and that ~--· first publlcatlon of Aid notice was In the· · 1saue of said newapaper dated ~' I 2006.- nie laat publication of uld notice was In the is=iue al said r.wspaper dated ~15 2006. ~ · Simcribed and sworn to before me, a 3037941909 T-003 P02/02 U-388 City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: September 18, 2006 Public Hearing to gather input on the City's proposed Budget for 2007 PLEASE PRINT NAME ADDRESS NAME ADDRESS COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 18, 2006 11 a i Right-of-Way (Alley) Vacation Request Initiated By: Staff Source: Rodney Jesse Harold Stitt, Community Development Manager 1930 West Baltic Place Englewood, Colorado 80110 PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning Commission held a Public Hearing on the proposed right-of-way vacation (closure ) on August 22 , 2006. The Commission v oted 8 to O to recommend approval of the proposed right -o f- way vacation provided a 16 foot utility easement is retained . REQUEST Staff requests Council support of a Bill for an Ordinance approving the vacation of an all ey in th 1800-1900 blocks between South Raritan an ... ..>outh T ejon Streets . BACKGROUND A publi c right-of-w ay may b e vacated w hen it is no longer needed to provide access o r servi t abutting pro pertie s and when one hundred perc ent (100%) of abutting property owners fa r th vaca tion. Foll ow in g rev iew by City departm ents and o uts ide agen cies, the ma tter is th en ref rr d I the Planning and Zoning Commission. If the Commission determines there is no further publl purpose for retaining the right-of-way, a recommendation to vacate is forwarded to City C un Public Hearing on the matter is not required . If Council approves the vacation, the alley I by Ordinance and one-half of the recorded right-of-way width reverts to abutting propertie . The subject right-of-way of this vaca t io n request is a 16 foot wide all ey that was platted in 1 88 part of Bl ock 77, Sheridan Heights Subdivision and annexed into the City of Englewood in 1 57 . The all ey is located between Sou th Raritan and South Tejon Streets and abuts properties addr in the 1800 and 1900 blocks of West Baltic Place and West Il iff Avenue (see map in attach d t Report). The surrounding property is zoned 1-1, Light Industrial District. All abu tting prop rty owners support closing the alley. No City utilities are located within the alley. Comcast, E I Energy and Qwest have services within the alley and have provided written support for th II vacation provided a 16 foot utility easement is retained . FINANCIAL IMPACT The vacation will eliminate yearly grading maintenance costs. LIST OF ATTACHMENTS Staff Report Planning and Zoning Commission Findings of Fact Bill for an Ordinance C T y 0 F COMMUNITY i, ENGLEWOOD DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: DATE: SUBJECT: APPLICANT: Rodney Jesse Robert Simpson, Director, Community Development Tricia Langon, Senior Planner ,1V August 22, 2006 Case No. SUB2006-00005 Right-of-Way Vacation 1930 West Baltic Place Englewood, Colorado 80110 LOCATION OF PROPOSED VACATION: The right-of-way proposed to be vacated is the alley between South Raritan and South Tejon Streets which abuts properties addressed in the 1800 and 1900 blocks of West Baltic Place and West Iliff Avenue (See attached map). ZONE DISTRICT: 1-1 Light Industrial District. RECOMMENDATION: The Community Development Department recommends that Planning and Zoning C ommission forward the right-of-way vacation reque st to City Council with a recommendation to ap prove the closure of the alley provided a sixteen feet wid e utility easement is retained. PROCEDURE: A property owner or owners may submit an application requesting that a right-of- way b vacat d when they believe the right-of-way is no longer necessary to provide cc ss or servi es to abutting properties . The applicant must submit a letter of justification for th r quest and a petition signed by owners of the abutting properti es . If on hundred percent (100%) of adjoining property owners favor the va ti n, th r qu t i r f rred t o City departments and outside agencies that have rvi e in or us f th right -of-way. The matter is then referred to the Planning and Zoning ommis ion nd if it is de t rmined that there is no further public purpose for r taining the right-of-w y, th Commission recommends to City Council that the I O ngl w od Parkw y Engl wood, Color do 80110 PHONE 303 -762 -2342 FAX 303 -783 -6895 www engl woodgov .org right-of-way be vacated. If City Council concurs after having reviewed the request, an ordinance is prepared, passed and recorded vacating the right-of-way. BACKGROUND: The subject right-of-way is a sixteen ( 16) feet wide alley that was platted in 1888 as part of Block 77, Sheridan Heights Subdivision and annexed into the City of Englewood in 1957. According to the applicant, Rodney Jesse, the alley was used up until · the late 1970's or early1980's when a neighbor constructed a fence near the east end of the alley which virtually closed off the alley to through traffic. For more than a decade the alley was a garden area planted, mowed, and cared for by adjoining property owners. The alley was "reopened" in the mid 1990's when a previous property owner applied to build a garage with access from the alley. Since the alley was not officially closed, the permit was granted and the alley was again open to public traffic . Though the surrounding properties are zoned 1-1 Light Industrial District they contain a mix of residential, commercial and industrial uses. Alley access to the garage that prompted the "reopening" of the alley has been closed and is now from within the property. At this time Mr. Jesse states that no property owners use the alley for access . Mr. Jesse further states that vandalism, vagrancy and theft have contributed to the current neglected condition of the alley (See attached photographs). Owners of all the adjoining properties signed in favor of the vacation request. Notification of the request to vacate the subject alley was mailed to adjoining property owners informing them of this meeting. Notification was also sent to utility providers and City licensed trash haulers. DEPARTMENT AND AGENCY REVIEW: The application to vacate the subject alley was reviewed by the City's Development Review Team. No City utilities are located with i n the subject alley . Issues identified by the team included closure of the Tejon curb-c ut and utilities serv i ces provided by outside agen cies. Through an agreement with the Public Works Department the curb-cut at t he So uth Te jon Stre et ent ran ce will b e clo sed and repl ace d with verti cal curb and gutter preventing vehicle access . A request for comments was sent to the eleven City-licensed trash haulers and to Xcel Energy, Comcast (cable), and Qwest. Only one trash hauler responded; the response supported the application. The three utility companies did not object to the application provided the sixteen feet ( 16') utility easement was retained. ANALYSI S: In considering a vacation request, the primary criterion is whether the existing public right-of-way provides a public purpose. The Commission must determine: 1. The right-of-way is no longer needed to provide access to one or more of the adjoining properties, 2 The applicant has submitted a petition signed by adjoining property owners supporting the request Access is available to all properties from the street-side of the property and alley access is no longer needed. 2. The right-of-way is no longer needed to provide services to one or more of the adjoining properties. City supplied water and sewer is provided to each property from the street and no City services are located within the alley. Trash collection is also provided from the street. Though the subject alley is needed for non-City utility access, it is possible to vacate a public right-of-way while retaining an easement across all or a portion of it; this is done if the right-of-way is no longer necessary for the passage of persons, equipment, or vehicles, but an easement for utility service is still necessary within that area. ATTACHMENTS: Vicinity map Photos 3 '.t' r -. ropo ·ed All ~y Va ·ation (16 ft. width): Bio k 77, Sheridan Height n -,Jewood, o/orado ', ,. ,,,.·. :-...; ' IV .:.· ': ( CITY OF ENGLEWOOD COMMUNITY DEVELOPMENT DEPARTMENT 1000 Englewood Parkway Englewood, CO 00110 762-2342/FAX 70:l-61195 www.ci.englewond .co .us LAND DEVELOPMENT APPLICATION FORM Development Name : Properly Address : Present Zoning : ---~~--'---'~---Acres,~· ____ Exisling Use : f"-1...L(;Y Legal Description: (attach separate sheet if necessary) Application Type: Rezoning: from lo ___________ _ Modificalion of Planned Unit Develop111enl:l_]Adn1inis1ralive 1-1 Formal Dislrict Plan Name : _________________ _ Subdivision :!_] Preliminary Map 1-1 Final Plat Vacalion of:(L] Easemenl [.~] Righi-of-way Conclilional Use Permit for __________________ _ Other _________________________ ~- APPLICANT INFORMATION Name: :B,o 'h N".o. Y ,IE ""s E:. Firm : Address : I':) :>,o L .), 7:,..,_,_--r,c. ?1 . C::">v'-1:·,.)•:Jr:>9 , ,·;1 ?,,~,\\ u Phone/Fax/E-Mail : ·c,,;;, A ·· ~~ :O '-\ -Y,,;:, 'J '2.. Architect / Planning Consultant Information Contact Person Name:------------------------------ Firm : ------------------------------------- Address :-~-------------------------------Phone/Fax Number/E-mail. __________________________ _ Engineering Consultant Information Conlact Person Name:------------------------------ Firm : ------------------------------------- Address :----------------------------------- Phone/Fax/E-mail .:_ ------------------------------- PROPERTY OWNER INFORMATION: List Legal name and address of all persons and companies who hold an inleresl In lhe herein described p roperly, whelher as owner, 111or1gagor, lessee, oplionee, holders of deed(s) of trust, etc. For corporate owners or partnerships, a uachecl separate sheet ii necessary. lndividual(s) Name: ______ 'S_c_i::: __ ,._\Ti_, __ "-_r:._,..,_<-'_ .. _b. __ Phone.:_------------- Firm:------------------------------------- Address: --------------------------------- Corporation/Partnership Name of Corporation/P,irlnership, _________________________ _ Address/Cily/Slate/Zip: ________________________ _ S1a1e of Registration:----------------------------- Names of Officers/Partners. ______________ _ (P le ase indicale who Tille Tille ,.._.ill be signing any agreeme n ls If necessa ry) CERTIFICATION: I hereby cerlify that, to the besl of my knowledge and belief, all in lormalion supplied with this appllcalion Is true ancl accurate and th,11 consent or those persons listed ahove, without whose consent 1he reques 1e d ac 1lo11 cao,1101 lawlully be nccomplished, has been 11r,mled . 11,lrhlio1rnl pe1111lsslon Is hereby 1ra111ed 10 1he Cily of Engle wood s1afl 10 physirnlly lnspecl 1he subjecl p1opu1y nml 1nke pho1ug,aphs H necessAry for prepar111on or the c,ue . Su.&.:i.(:)()I.· oooot.. roR OfflCf USf ONLY Cose Number:_ P10J•~' MollOMtr :...:I..1-.. '•of•<I £n11111-· ___ DOIi Subm 111d . ___ Acc1p1ttl By · T '-Pi.1111111¥ Commlulo11 I l11r1111 ·---C11y CouncH H .. r~11 : __ 11 \C.ROUl'IC•11<nl ri..1111i11MIFORMS1u.11<I 0.vdupn ,11 A1~1lk1Uun llu. January I. I '>97 -( /\{LO P2 N\ ~· A PETITION TO CLOSENACATE THE ALLEY IN THE AREA BOUNDED BY BAL TIC PLACE TO THE NORTH, RARITAN STREET TO THE EAST, ILIFF AVENUE TO TUE SOUTH, AND TEJON STREET TO 'iE WEST IN THE CITY OF ENGLEWOOD, COLORADO. •e provide tire requested l"formatlon below and Indicate with a check mark whether you ,e (Yes) on disagree (No) with the Intent of this petition. DATE I COMPLETE ADDRESS ~A,E (Please Print) SIC: NATURE · Yes, No //-28 , /'fJtl w Ba!f/c ;JI-, · tJ l1e/ ,Te;se ;f~ J, 'A/1 7~ t/ I~~ I -aoo~ 1105,- ,.-... t ... /;rt:.: F /-. "t /~ /I-· V / /'.. . -.-- /·r(-? u.,,,;., -1.,,{) y --·: • .> ;?4:7 ,:,,,·~ ; ~--~? ... ~ I-/ ' ' / "' .... 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TO CLOSENACATE n,e ALLEY IN THE AREA BOUNDED BY BAL TIC PLACE TO THE NORTH, RARITAN STREET TO THE EAST, IUFF AVENU~. TO THE SOUTH , AND TEJON 51 RE E T TO THE WEST IN THE CITY OF ENGLEWOOD, COLORADO. ( ·,a s e 11rovld• 111• requeslecl l11furmallo11 below •nd Indicate wlfll • c flec l< merit w/rel11ttr yo11 JrH (Yea) or dlugn,e (No) wltl, the lntout of thl• pellllon. . t,.~.:~p;~;~~~i~~~~~b::-~/ \7\1 - / CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #SUB2006-00005 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS TO VACATE ) THE RIGHT-OF-WAY IN THE ALLEY ) LOCATED IN BLOCK 77, SHERIDAN ) HEIGHTS SUBDIVISION BETWEEN SOUTH ) RARITAN AND SOUTH TE JON STREETS ) INITIATED BY: Rodney Jesse 1930 West Baltic Place l:1.glewood, Colorado 80110 ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Brick, Bleile, Mosteller, Diekmeier, Knoth, Krieger, Roth, Welker Commission Members Absent: Hunt This matter was heard before the City Planning and Zoning Commission on August 22, 2006, in the City Council Chambers of the Englewood Civic Center. Testimony was received from Staff, from the applicant and from area residents. The Commission received notice of Public Hearing, Staff Report and supplemental information from Staff, which were incorporated into and made a part of the record of the Public Hearing. After considering statements of the witnesses , and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. 1. 2. FINDINGS OF FACT THAT the request to vacate the right-of-way in the alley between South Raritan and South Tejon Streets was filed by Rodney Jesse on December 20, 2005. THAT Public Notice of the Public Hearing was given by publication in the Englewood Herald on August11, 2006. 3. THAT Senior Planner Langon testified the request is for the right-of-way to be vacated in the alley within Block 77, Sheridan Heights Subdivision between South Raritan and South T ejon Streets . Ms. Langon testified to the criteria the Commission must consider when reviewing a vacation application. Ms. Langon further testified that Staff recommends approval of the right-of-way vacation . 4. THAT testimony was received from the applicant, Mr. Rodney Jesse . 5. THAT testimony, all supportive, was received from: a. Chris Gibbons b . Tito Garcia c. Derek Shannon 6. THAT Xcel Energy, Comcast and Qwest support the vacation of the alley provided a 16 foot utility easement is retained . 7. THAT the trash haulers do not use the alley. CONCLUSIONS 1. THAT the application was filed by Rodney Jesse seeking approval to vacate the right-of-way in the alley between South Raritan and South Tejon Street. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper. 3. THAT all testimony received from staff members, applicant, and the general public has been made part of the record of the Public Hearing. 4. THAT testimony, all supportive, was received from residents regarding the proposed alley vacation . 5. THAT the subject alley serves no public purpose provided that a 16 foot utility easement is retained . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the app l ication filed by Mr. Rodney Jesse to vacate the right-of-way in the alley within Block 77, ~herida n Height Subdivision between South Raritan and South Tejon Streets be recommended to City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on August 22, 2006, by Mr. Bli el e, seconded by Mr. Knoth, which motion states: 2 AYES : NAYS: ABSTAIN: ABSENT: THE PLANNING COMMISSION FORWARD TO CITY COUNCIL WITH A RECOMMENDATION TO VACATE SAID ALLEY PROVIDED THAT THE 16 FOOT PUBLIC UTILITY EASEMENT BE RETAINED Brick, Bleile, Diekmeier, Knoth, Krieger, Mosteller, Roth, Welker None None Hunt The motion carried. These Findings and Conclusions are effective as of the meeting on August 22, 2006. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair 3 . 11~1 ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER~~~~~- ABILLFOR AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO 1900 BLOCK, BE'IWEEN SOUlH RARITAN AND sourn TEJON STREETS, IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the property owners abutting the alley located in the 1800 to 1900 block between South Raritan and South Tejon Streets in the City of Englewood, Colorado, have submitted a letter of justification for the request along with a petition signed by 100% of the abutting property owners for vacation of that portion of the alley; and WHEREAS , a public right-of-way may be vacated when it is no longer needed to provide access or services to abutting properties and when 100% of abutting property owners favor the vacation; and WHEREAS , 100% of adjoining property owners favor the vacation, the request was referred to City departments , that currently have no utilities located within the alley, and outside agencies that have service in or use of the right-of-way, which agenc ies are Comcast, Excel Energy and Qwest ; and WHEREAS , the City and other utilities request a sixteen-foot utility easement be retained; and WHEREAS , the matter is then referred to the Planning and Zoning Commission to review and determine whether or not there is further public purpose for retaining the right-of-way ; and WHEREAS , the Planning and Zoning Commission recommends to City Council that it approv e the sai d ri ght-of-way vacation; and WHEREAS, the surrounding property is zoned 1-1 Light Industrial District and the said alley has not been used as an alley by the public for many years; and WHEREAS , the vacated alley will revert to the abutting property owners and will be fenced into the abutting properties; and WHEREAS, the City will reserve a sixteen-foot (16 ') utility easement over this right-of-way area . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes vacation of the alley right-of-way between 1800 and 1900 blocks between South Raritan and South Tejon Streets, in the City of Englewood, while expressly reserving to the City a sixteen-foot (16') wide utility easement over the entire alley area as legally described and shown on attached Exhibit 1. Introduced, read in full, and passed on first reading on the 18th day of September, 2006. Published as a Bill for an Ordinance on the 22nd day of September, 2006 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the 18th day of September, 2006. Loucrishia A. Ellis LEGAL DESCRIPTION ALLEY RIGHT-OF-WAY VACATION WITH EXPRESSLY RESERVED UTILITY EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 28 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6TH P.M ., ENGLEWOOD, CO ., MORE PARTICULARLY DESCRIBED AS FOLLOWS : ALL OF THE 16 FOOT WIDE ALLEY LOCATED IN BLOCK 77 , SHERIDAN HEIGHTS SUBDIVSION , COUNTY OF ARAPAHOE, STATE or COLORADO , CONTAINING 9 ,600 SQUARE.FEET, MORE OF LESS. RETAINING A UTILITY EASEMENT WBALT/CPL c:, co c:, c:, CIC) CIC) ~ C") ~ :!i 0) CIO 0) """ It) CIO ..... 0) 0) 0) CIO """ """ """ """ """ """ (/) """ ~ 0 ~ ~ Cl) 0) .... """ It) .... It) ~ 0) It) 0) 0) CIC) CIC) c:, c:, c:, ; 0) 0) 0) 0) 0) 0) 0) """ """ """ """ """ """ """ """ WILIFFAVE CIO ..... c:, CIO (/) """ ~ .:!: -a: : """ (/) c:, CIO """ RETAINED UTILITY EASEMENT._ (16 ft. width): Block 77, Sheridan Heights Subdivision Englewood, Colorado E ., ,, I-I I B I 'l' 1 ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW CHAPTER 3, PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Englewood, Colorado is concerned about the numerous occurrences whereby convicted sexual predators and certain sex offenders who have been released from custody repeat the unlawful acts for which they had originally been convicted; and WHEREAS, the Englewood City Council finds that the recidivism rate for released sexual predators and the specified sex offenders is high, especially for those who commit their crimes against children; and WHEREAS , the City is an attractive place of residence for families with children; and WHEREAS , the City has narrowly tailored this Ordinance to address sexual predators pursuant to 18-3-414.5 C .R.S . and those sexual offenders conv icted of a felony ; that have multiple convictions or that have multiple victims resulting in the offender being required to register under the Colorado Sex Offender Registration Act, C .R .S . Section 16-22-101 , et. seq.; and WHEREAS , children congregate more frequently without adult supervision at schools, parks and playgrounds ; and WHEREAS , the City Council des ires to provide for the maximum protection o f the health, safe ty and w el fare o f ci tizens in the Ci ty; NOW, THEREFORE, B E IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood hereby approves amending Title 7, of the Englewood Municipal Code 2000, with the addition of a new Chapter 3 , and for the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists an d that this Ordinance shall take effect upon its final passage to read as follows: -1- 11 b I a fBPUWJIEP RESIDENCY Pf §EX OFFENDERS l;J;l: fipdipgs 104 Jn&enl, ~. The City Coun cil hereby finds that sexual predators and the specified sex offenders who use physical violence or who prey on children present an extreme threat to the public safety , Sexual predators and the specified sex offenders have a high rate of recidivism. making the cost of sex offender yictimiµtion to society at large extremely high , Removing such offenders from regular proximity to places where children are located and limiting the frequency of contact is likely to reduce the risk of an offense. ;a. This Chapter is intended to serve the City's compelling interest to promote, protect and improve the public health. safety and welfare by creating areas. around locations where children regularly congregate in concentrated numbers, where sexual predators and specified sexual offenders are prohibited from establishing temporary or peqnanept residence. ~= Qefinitjops, for purposes of this Chapter. the following tenns shall have the · following meanings: "Pennanent residence" means a place where a person abides lodges, or resides for fi ve <5} or more consecuti ve days. "Temporary re sid ence" mean s a place where a person abide s. lodges. or resides for a period 0 ( fi ve <5} or more day s in the aggregate during any calendar yea r and which is not the person 's pennanent residence. or a place where a person routinely abides, lodges. or resides for a period of five <5l or more consecuti ve or nonconsecutive days in any month and which is not the person 's pennanent address , "Walk-to-school route" means a route officially designated by the City for use by children walking to or from a public or private school, and shown on maps maintained by the City 's Police Department and available for public inspection . 7-J-3; Prohihitjogs. It shall be unla wful fo r: i. Any person who has been found to he a sexually violent predator pursuant to 18-3;;414.5 C.R.s.: or ii. Any person required to register under the Colorado sex Offender Re gistration Act, c,R.s, Section 16-22 -101, et, sea, who has been: convicted of a felony for an offense requirin g re gi stration: or has multiple convictions for offenses requirin g re gistration: or whose offense<s} requiring registration involved multiple victims -2- ( B. to establish a pegnanent residence or temporary residence within two thousand feet <2,000·> of any school, park. or playground or within one thousand feet <1,000·} of any licensed day care center. recreation center or swimming pool <other than pools located at private. single-family residences}, or any property located adjacent to any designated public or private school bus stop. walk-to-school route. or recreational 1ml. It is unlawful to let or rent any portion of any property. place. structure. trailer or other vehicle with the knowleqge that it will be used as a pennanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Chapter . ~: t1se 0U0os, A Peneu i§ not guilty 0{, yieJ1Ueu e< this sesUeu if: a. The person established the pennanent or temporary residence prior to the effective date of this ordinance; provided. however, that this exception shall not aoply if the person commjtted the offense. for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this ordinance; ~. The oerson is placed in the residence pursuant to a State of Colorado foster care program; or c. The school, designated public or private school bus stop. walk-to-school route. licensed day care center, park, playground. swimming pool, recreational trail or recreation center was opened after the person established the permanent or temporary residence, and is not replacing an existing school, designated public or pri vate school bus stop. walk-to-school route. licensed day care center, park playground. swimming pool, recreational trail or recreatjon center. ~ Measvceweut. For oumoses of detennining the minimum distance separation required herein the measwement shall be made by following a straight line from the outer property line of the property on which the school, licensed day care center, park, olayground. swi mming pool or recrea tion center is lo cated to the nearest point on the outer property line of the property on whic h the pennanent or temporary resi dence is loc ate d. Section 2. Safety Clau ses. T he City Counc il hereby find s, determines , and declare s that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of p ublic convenience and welfare. The City Co un cil furt her determines that the Ordi nance bear s a ra ti onal relation to the pro per le gis lat ive obj ect sought to be obtai ned . Section 3 . Severabi lity. If any clause, sent ence, paragra ph, or part of thi s O rd inance or the application thereof to any person or circ umstances shall fo r any reason be adj udged by a court of competen t jurisd iction inva lid, such j ud gment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other perso ns or circum tance . -3 - Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading as an emergency Ordinance on the 5th day of September, 2006. Published as an emergency Bill for an Ordinance on the 8th day of September, 2006. Read by title and passed on final reading as an Emergency Ordinance on the 18th day of September, 2006. Published by title as Emergency Ordinance No. __ , Series of 2006, on the 22nd day of September, 2006. This Emergency Ordinance shall be effective as of the 18th day of September, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Emergency Ordinance No. , Series of 2006 . Loucrishia A . Ellis -4- ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 18, 2006 11 C i Contract Extension for Transit Shuttle Services Initiated By: Staff Source: Community Development Department Harold J. Stitt, Community Development Manager PREVIOUS COUNCIL ACTION Council approved by Ordinance 50, Series of 2004, an Intergovernmental Agreement (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle for 2004-2007. Council subsequently approved Resolution 87 on November 21, 2005 extending the contract for 2005-2006. RECOMMENDED ACTION Staff recommends Council adopt a Resolution authorizing an agreement between the City of Englewood and Laidlaw Transit Services, Inc. for the 2006-2007 operation of the Circulator Shuttle in the amount of $216,868. (_ BACKGROUND AND ANALYSIS This contract extension will provide for all vehicles and operational components of the project. Fuel will be supplied by the City, with reimbursement to the appropriate fund, to eliminate state and federal gasoline taxes , reducing fuel costs by approximately $.SO/gallon. FINANCIAL IMPACT For 2007, the Laidlaw contract is $216,868, which represents no increase above the original proposed contract amount. The source of funds for this contract comes from a grant from the Federal Government through the Congestion Mitigation and Air Quality Improvement (CMAQ) program. The CMAQ program, jointly administered by the Federal Highway Administration (FHWA) and the Federal Transit Administration (FT A), funds projects that reduce criteria air pollutants regulated from transportation -related sources . The three year Federal grant provides a total of $662 ,27 8 ($212 ,160 for 2005 ; $2 20,646 for 2006 ; and $22 9,4 72 for 200 7.) The Federal grant requires a 20% local match which is split equally between RTD and the City. Englewood 's required 10% match is $21 ,216 for 2005 ; $22 ,065 for 2006 ; and $22,947 for 200 7. The required match for 2006 is included in the approved Community Development budget. ATTACHMENTS Reso luti on Contrac t 181)LUTION NO._ SERIES OF 2006 ~-------------------- A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTfLE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES, INC. AND THE CITY OF ENGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CffiCULATOR SHUITLE FOR 2007. WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between the City and the Regional Transportation District for funding of the Englewood Circulator Shuttle for 2004-2007 by the passage of Ordinance No . 50, Series of 2004; and WHEREAS, the passage of this proposed Resolution approves the extension of the Transit Shuttle Services Operations Contract and will provide for all vehicles and operational components of the project; and WHEREAS, the source of funds for this Contract comes from a grant from the federal government through the Congestion Mitigation and Air Quality Improvement (CMAQ) program which is jointly administered by the Federal Highway Administration (FHW A) and the Federal Transit Administration (FTA) which funds projects to reduce air pollutants from transportation- related sources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Extension of Transit Shuttle Services Operations Contract between Laidlaw Transit Services, Inc and the City of Englewood, pertaining to the Englewood Circulator Shuttle for 2007, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2 . The City Manager is authorized to execute said Extension of Transit Shuttle Services Operations Contract for and on behalf of the City of Englewood. ADOPTED AND APPROVED this 18th day of September, 2006 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk l, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2006 . Loucrishia A. Ellis , City Clerk -~~------------ EXHIBIT A EXTENSION OF TRANSIT SHUTTLE SERVICES OPERATIONS CONTRACT This Contract is made and entered into as of the 18 1h day of September, 2006, by and between the City of Englewood, a Colorado Municipal Corporation (City) and Laidlaw Transit Services, Inc., a Delaware Corporation (Laidlaw). WHEREAS, Ordinance No. 50, Series of 2004, provided for funding for a shuttle service within the downtown area of the City of Englewood, Colorado; WHEREAS, the purpose of the project was to implement various transportation services and improvements to reduce dependence on the single occupant automobile, facilitate movement of traffic to and within the commercial areas of the City of Englewood and to minimize traffic congestion in the shuttle area; WHEREAS, the Contract for transit shuttle services operations from September 2004 to September 2005 was granted to Laidlaw Transit Services, Inc.; WHEREAS, Ordinance No. 50, Series of 2004 and the original Contract dated August 2, 2004 provides for an extension for the Contract for two consecutive one year periods subject to the same terms and conditions; WHEREAS, in the original Contract the cost of the shuttle operation for 2004-2005 was $207,538; WHEREAS. The cost of the shuttle operation for 2005-2006 was $213,772 . WHEREAS , the parties wish to extend this Contract for the period of September 2006 -2007 , with compensation to Laidlaw for the year in the amount of $2 16 ,868 which is consistent with the proposed amount in the original contract NOW, THEREFORE , in consideration of the mutual covenants and stipulations provided in the original Contract and hereinafter, the parties agree to extend the Transit Shuttle Services Operations Contract of August 2 , 2004 for the 2006-2007 period ending on September 6, 2007 . -1 - IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written . LAIDLAW TRANSIT SERVICES, INC. By: ---------- STATE OF COLORADO COUNTY OF ------ ) )ss . ) The foregoing instrument was acknowledged before me this __ day of _______ , 2006, by as Vice President of Laidlaw Transit Services, Inc. My commission expires: ____ _ CITY OF ENGLEWOOD, COLORADO By:--------- Gary Sears, City Manager -2 - Notary Public ATTEST: Loucrishia A. Ellis, City Clerk ( Ron Thompson Director of Customer Serv ice EF Johnson 1440 Corporate Drive Irving, TX 75038 March 28, 2006 Ron Thompson : Englewood Safety Services purchased a total of forty six ( 46) mobile dual band radios from EF Johnson . The purchase was prior to implementing the 800 MHz DTR Radio System and totaled $114,671.04 . The purchase of the radios was made possible through the Urban Areas Security Initiative Grant. After the delivery of the radios, Wide Band Communications was notified, that the rad ios had a critical flaw and had been recalled. Upon that notification , the radios were sh ipped back to the factory for repair. When we rece ived the radios back , the rad ios were installed into the Police and Fire vehicles. Englewood Safety Services implemented the 800 MHz DTR Radio System and went live on January 9 , 2006. On that date, we realized that there were issues with the mobile radios . The radios showed "out of range" and dropped or missed entire or partial transmissions . The radios did not operate correctly and could not be relied upon for public safety . The issue was escalated from the local vendor to EF Johnson. Over the next three weeks , EF Johnson engineers traveled to Englewood Safety Services , twice, to deal with th e issue . Finally, on February 17 , 2006 , a conference call was held with Re search and Technology Manager, T r ina Everhart and various d irectors and v ice pres idents of EF John son . It was agree d that Englewood would all ow EF Johnson to send another team to ad dress the iss ue s. T h is process of eva luatio n, testing and re-programming continued on a weekly basis , until March 20, 2006 . While we commend EF Johnson personnel for their dedication and efforts , it has been determined that there has been no improvement to the radios . The issue of missed transmissions , still exists . Communications is vital to public safety and the De partment can no longer wait for a "fix " for the radio iss ue. As it stands , the mob ile ra d ios are not reliab le an d are a fi rst responder safety iss ue. We are forced to take another path , in p roviding reliable comm unications to the personnel of Safety Services. We will be removing the EF Johnson mobile radios an d shipping them back to the factory . 14 a The City of Englewood, respectfully requests a full reimbursement for the equipment. Payment will be expected within 30 days after the delivery of the radios back to EF Johnson . If I can be of further assistance, please contact me. Trina Everhart Research and Technology Manager Englewood Safety Services 3615 S. Elati Street Englewood, CO 801 10 303-762-24 72 cc : Director, Chris Olson City Attorney, Dan Brotzman Jay Johnson, Wideband Communications 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 18, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p.m . 2. Invocation The invocation was given by Council Member Barrentine . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call / / / / / Presen t: Council Members Tomasso , Moo re, Barrentine , Oakley , Mccasl in, ·'lZ( Wood~rd , Wolosyn < n __ Ld11 Jt 0 v Absent: None / /I J J Jl p. W-,1rJV"' I) 1 (A A quorum was present. I VW,....._,. 'fL (J;--tCt Also present: ~e,. ~ 'ijl,tbV'--~ ~ City Manager Sears -- City Attorney Bro tz man - Deputy City Manager Flaherty City Clerk Ellis -_ Deputy City Clerk Bush Director Olson , Safety Serv ices .,,. Consideration of Minutes of Previous Session f;rl~?5 ~~~ ~~ §j;r:ft§ t f!J~i/A~ (a) COUNCIL MEMBER __ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5 , 2006. Mayor Wolosyn as ked if the re wa s an y d iscuss ion . Th ere was none . Vote results : Ayes : Nays : Mot io n carried . Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley None Recognition of Scheduled Pub lic Comment (a) Kevin Dixon and other Englewood homeowners will be present to discuss R2 zoning . .~~~ r:Fi) . 7. Reco gniU onofU nsc hedu lodPu~~~ Q ()AAL,f''l.l C,o~ ~ "'°'"""'""ou,mct,edQled,os,lors ;[,~~ ·@')~1,' g ~ $1r,..-~~ 8 . Communications, Proc lama t ions an d Appolntme~ ' I S°l Q (a) Proclamation in honor of Bishop Elementary School's 50 1 h anniversary . t).) tt, Y" I t.,,(pO \ COUNCIL MEMBER~. AND IT WAS SECONDED, TO APPROVE A PROCLAMATION IN HONOR OF BISHOP ELEMENTARY SCHOOL'S 50TH ANNIVERSARY. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Englewood City Council · June 7, 2004 Page2 Motion carried . Nays : Tomasso, Oakley None !1~ (b) Pr~ation designating September as National Prepared;e~_s ~nth . COUNCIL MEMBER l.Q_~AND IT WAS SEC"~~ PROCLAMATION DESIGNATING SEPTEMBER AS NATIONAL PREPAREDNESS MONTH . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, ·---J.,.-,0 (} _,/JO Tomasso, Oakley / --rr Nays : None Motion carried . \iefA 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 (a).) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).) COUNCIL MEMBE~ND IT WAS SE~~OVE CO~T AGENDA ITEM 9 (c) (i). (c) Resolutions and Motions "]-CJ~ (i) RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION CREATING A RETIREE HEAL TH PLAN FOR CITY EMPLOYEES TO BE ADMINISTERED BY THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC). Vote results: Ayes : Nays : Motion carried . 10 . Public Hearing Items Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley None \ t (1 (a) M~ Wolos n said this is a Public Hearing to gather input on the City's w:..d Budget for 2007 . COUNCIL MEMBER\ MOV D, AND IT WAS SECONDED,~IC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007 . Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried and the public hearing opened . \..1)~~ All witnesses were duly sworn . Director Gryglewicz said lYl,{ 0 D n,v'\. Mayor Wolo syn asked if th re wa nyone else who wanted to peak during th Public H ring . 1-0 Englewood City Council · June 7, 2004 Page 3 Mayor Wolosyn asked if Council had any more questions for either staff or the applicant. There we re none . COUNCIL MEMBER()\(b(&S'VED, AND IT WAS SECON.;lc;,~E Pf;Cf(C HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2007 . ~ ~ t1(yote results: /1 ()(.J" Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , • i,w Tomasso , Oakley Nays : None Motion carried and the public hearing closed . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Manager Stitt presented a recommendation from the Community Development Department to adopt a Bill for an Ordinance approving the vacation of an alley in the 1800-1900 blocks between South Raritan and South 1\10 Tejon Streets . ttrt@'Hfl 1 ,..3 M , 11 , , j (I\ · rv::U:;,'-11 \l.v~() {,1-d COUNCIL MEMBEJU~ E~. AND IT WAS SECONDED, T AP~ROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 37. COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER /)..;(l)d,t()(Ut.tL A BILL FOR AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LOCATED IN THE 1800 TO 1900 BLOCK , BETWEEN SOUTH RARITAN AND SOUTH TEJON STREETS , IN THE CITY OF ENGLEWOOD , COLORADO . Vote results: Ayes : Nays : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , /?' /),,(/) Tomasso. Oakley ""7 -0 LA/(~ 1 .., None I Motion carried . (b) Approval of Ordinances on Second Reading (i) Council Bill No . 35, an Emergency Ordinance approving regulations prohib iti ng sexual predators and certain sex offenders from est~b'.~hing residency near areas where children congregate was considered . COUNCIL MEMBER{.,_ilii&~D IT WAS SECONDED, TO A;r;/JMo~~ IT~M l (i) • ORDINANCE NO . _, SERIES OF 2006. ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY THE ADDITION OF A NEW CHAPTER 3, PROHIBITING SEXUAL PREDATORS AND CERTAIN SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR AREAS WHERE CHILDREN CONGREGATE AND DECLARING AN EMERGENCY . Vote results : Ayes : Nays : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, Tomasso , Oakley /J --0 0-f None / l ./ Motion carried . (c) Resolutions and Motions (i) Manager Stitt presented a recommendation from the Department of Community Development to ado pt a resolution authorizing the extension of the agreement with Laidlaw Transit Services, Inc ., for operation of the "art" shuttle for 2007 . · ( . ..., _ I IL , " {} ; I. ) Ju.,{, 1-~ l J (.. A_µ1 , ) COUNCIL MEMBER \; MttvEb, ND IT WAS SECONDED, 0 APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO . _, SERIES OF 2006. - ) Englewood City Council · June 7, 2004 Page4 RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTILE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES, INC . AND THE CITY OF ENGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CIRCULATOR SHUTILE FOR 2007 . Vote results: Ayes : Nays : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , 1 ,,0 fl h'.?'11'./ Tomasso , Oakley ,, v-( I None Motion carried . General Discussion -/)./l.,J)tl,,rt__ [tl ,IL£)_ {/1'::,h fu ,--/v i/1\_. ?)e .J1ff,,'7 -t2. .. ,. .. -I · -;...1 L // • . ,, "/1 /7'~ r ~vvtt.,;chN? CAfl q :.J'"1 f (a) Mayo r.'.~ Choice --M, ,/L A ) ~ W 0 0{,{, t,{J drll/L ' J '7 O ( (. · i.Ll-1 -No\J . 2--0 w ~1e M A ~o' )t:; • • -----,--'\ Mayor Wolosyn did ndtttave-afl}'-matters toliriog before Council ' 'tl}dl t/ /1,(,,(;)"<-. m ~Mil--~ 2 1 (b) Council Members' Choice ~'1 TorNl,~v.J o b-1ttbS 12 . ;;{5 j t./ (i) Council Member ~,e,,i,d-7:tu -2'. ~ 7)a~s. -L).,A -5fu.tt · ses ~ ,'on ::;r~ 5-z_ (II) Co,ncil Membe, (Y\G Ciw[U--t b 40Larzi tJUS V'(a,,1'. -So · lm..ui«.~ S.:CJ . fJM Df e_. +a...{ /c..,uu)-r() ~/oL c'<''.> ;-Chi'u ig111g SJu{--f s ~v)GJJ (iii) Council Member . · ~ Wf?t)._j}..,{..r'L~J tl.nnde.-<L~ ·.2<Clt:'SIJ',I/). (iv) Council Member Qa__k <., ~ -_ -u f , rV . (2;-t-D -U A- //.p'ti (v) Council Member 'IDn 1Jl <ytJ 0 ~ -------LCA -1rn~:ve~sa _ .-,raf;.ih ' JJ,f (vi) Council Member lUbo Jll'll1.l '----:t CJa.;1 b/l'ltu -C;u11'\ld-[i!'.i :~~..,/.{.,~ r)"~1 Un,;.,. \.U { tot<-L C(c1.-1..~,, .7-V 13 . City Manager's Report ·o , .._ ~<..c .. ., -W , 10 ~ ' -,, V '-I Ct.U.U t tL O City Manager Sears did not have any matters to bring before Council. D l,.(,.ttt ""-U, , k,k. J l<-t..t.d.<;. ·::. -c;t,1./k.; .? City Attorney's Report ~ 14 . l O (a) C ity Attorney BrotzJTian ....... City of Englewood v . EF Johnson . 1 ( i ) I/ A /1 1/Y /1 t L I Y)\d./)-')() ?,,t-4 COUNCIL MEMBER'_v _l _L{;v_'M'OVE'o, AND IT WAS SECONDED, TO APPROVE .... C ity of Englewood V. EF Johnson . Vote re s ults : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Nays : Tomasso, Oakley 1'1 -Q {i:_~- None I / I Motion carried . / 15. Adjournment J MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned a{l~Pfl ~ City Clerk fW'lrJip_ (j) i er- T~ ~t,,t,j ~ \) LU"t CJM,\_ -:Jiu; ft ~~! e'.,? <:m ,'( t:J M9 £a,t_t;, Jo~ Po~e,, lf-'t7oS ~ lf1b3 S 1t%f Yz--s ·u:nu>!~ Lt°l lO 'S /$)1A\_ \ 1. 2. 3. 4. 1731/ Call to order p.m. Invocation /i!t)JJb.u:f1;,il; Pledge of Allegiance~ Roll call and _J_p,esent Members: Tomasso \.,../"" Moore ~ Barrentine V Oakley v Mccaslin ~/ Woodward // Mayor Wolosyn ____ absent moved COUNCIL M ting wonung not l,, c-~ ~ Own-ti ~ird I A,1)~ ~/ (_JI ) J,) ir)JW4i ---------- 11P,0 I c--~ AGENDA FOR THE Toi\.~ -\-k/\---t'o re_ REGULAR MEETING OF ENGLEWOOD CITY COUNCIL Monday, September 18, 2006 1. 2. 3 . 4. 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 Call to order. t!J~":3~ Invocation. ~ Pledge of Allegiance . RollCall. dtl? ~ 5. Consideration of Minutes of Pre v ious Session . tlfr>r/' !J.f!J Minutes from the Regular City Council meeting of September 5, 2006.~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) lc./-o --a. Ke v in Di xon and other Englewood homeowners will be present to discuss R2 zoning. a. Appro al of Ordinances on First Reading. ;;r Englewood City Council Agenda September 18 , 2006 Page 2 b . C. Appro~Ordinances on Second Reading. Resolutions and Motions. ~ /0 ·::O Recommendation by the Human Resources Department to adopt a Resolution authorizing the proposed Retiree Health Savings Plan. STAFF SOURCE: Sue Eaton, Director. rJfdr._'l~ ~ 10. Public Hearing Items. ~~.p~ a. Public Hearing to gather input on the City's proposed Budget for 2007. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 3] -Recommendation from the Community Development L5epartment to adopt a Bill for an Ordinance approving the vacation of an alley in the 1800-1900 blocks between South Raritan and South Tejon Streets . STAFF SOURCE: Harold Stitt, Community Development Manager. b . Approval of Ordinances on Second Reading. Council Bill No. 35 , an Emergency Ordinance approving regulations prohibiting sexual predators and certain s.,e}~~ndJ~S _f~m es}!blishing residency near areas where children congregate . (/{) ~~ c. Resolutions and Motions. ~22 Re c ommendation from the Department of Community Development to adopt a re solution authorizing the extension of the agreement w ith La idlaw Transit Servic es, In c ., for operation of the "art" shuttle ~OJ t 90 7. ?TAFF SOU/CE: Harold J. Stitt, Community Develbpment Manager. (/l/~ "j-Clf7fd7-o 1 2. Gen eral D i_scussion. a. Mayor's Choice. b . C o uncil Members' Choice. 13. City Manage r 's Rep o rt. Englewood City Council Agenda September 18 , 2006 Page 3 14. City Attorney's Report. ~?-iJ City of Englewood v. EF Johnson. ~ 15. Adjournment (};//~ di bility nd need auxiliary aids or services, please notify the City of Englewood t I a t 48 hour in advance of when services are needed . Thank ou .