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Home My WebLink About1999-06-21 (Regular) Meeting Agenda- .. • 7 .. ;,,. .~j ... • •• June 21, 1999 Regular City Council Meeting .. ... ., .. • ' .. ,, . 0 ., ... ' ' • - • • • ,. -·. ·-• •• REGULAR CITY COUNCIL MEETING JUNE 21, 1999 .. Ordinance #A Y, 34, 35, 36, 37, 38, 39, 40 Resolution# 55, 56, 57, 58, 59, 60, 61, 62, 63 • 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 . , • .., .. ', . ' I 0 • 0 0 I • 0 32X :] • • • I. Call ta Order .. • t t· •• • -... ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Salioa Jue 21, 1999 .. The rqular~ofthe Englewood City Council was called to order by Mayor Bums at 7:38 p.m. 2. Javocatioa The inwcalion was given by Mayor Bums. 3 . Pleda,e of Alle&iuu The Pledge of AllcgiaDce was led by Mayor Bums. 4 . Roll Call Absent: Council Members Grazu1is. Garrett, Bradshaw, Habenicht, Waggoner, Burns Council Member Nabbolz A quorum was pracnt. Mayor Burns nou,d that Council Member Nallllolz -feeling a littJe bit UDder the weather after the Study Session 10 she bas gone home . S. Also prelClll: City Maaager Scars City Aaoniey Brotzman City Clerk Ellis Community Relations Officer Peterson Dinlclor Blact. Parks and Rccrcation Dinlclor Olson, Safety Services Director Glyglewicz, Financial Services Director Simpaon. Neighborhood and Business Development Engineering Manager Kahln Chief Building Official Smith Director Ross, Public Wom (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE TIO MINUTI.S 01' THI. REGULAR Ml.I.TING 01' JUNE 7, 1999. Motion carried. Ayes : Council Members Garrett, Bradshaw, Habenicht, Waggoner, Grazulis, Burns Nays : None Absent: Council Member Nabbolz 6 . Sclledlded Viliton ' . ) I • 0 • • -• E•clewood City C111111eil Jue 21, 1999 Pace? '-. ·- ·• ,. .,-. • • • ... (a) Community Relations Officer N~· Peterson addressed Council regarding !he 4"' of Jul~ Family Festival and Fireworks . She advised we have a full scheduJe of events this year and approximalely I SO Englewood Neighborhood Watch volunteers will be nanning the different events throughout the parks. Cornerstone, Belleview and Progress Parks. She DOied she had pos1ers to hand out to Council and special VIP parking permits . The parking is going to be in Cornerstone Park and as you go in off of Windermere. there is the west parking for Windenncre and the VIP parking will be next to the command post. Ms . Peterson said she would not go into all of the events, because there arc so many of them. but she thought they wouJd have a wonderful time and she was hopeful they wouJd be able to ancnd. that wouJd be nice . Officer Peterson advised they still need Englewood's donation to pay for all this and then: has been some kind of a snafu . About $5,500 was already authoriuld and then: has been an increase in expenses this year and they arc looking for , hopefully , an additional $500. So she asked that Council please consider a $6 .000 donation this year for the 4"' of JuJy celebration. Officer Peterson said they would appreciate it . Officer Peterson said she wanted to let Council know about some other Neighborhood Watch C\-ents. On JuJy 14th they will be having a Volunteer Appreciation Dinne1' at Jason Park. If Council can come that day and socialize with the volunteers that wouJd be wonderful, she said. Also. on JuJy 23 nl they an: going to have a big block pany in the 3200 block of South Cherokee put on by Englewood Neighborhood Watch in cooperation with Channel 7, the Neighborhood Resource Center of Metropolitan Denver, Colorado Regional Policing Institute and Safeway . It will involve the 3100 through the 3200 blocks of South Grant Sherman, Lincoln, Broadway, Acoma, Bannock, Cherokee and Delaware. Channel 7 will be broadcasting live from there for their 5:00 news broadcast. So they arc looking forward to it Officer Peterson stated it will be a large rcprcscnlalion from businesses, residential and apartment dwellers as well as the senior center. All segments of our City will be then:. at that particular party. She advised it will be held on Friday. JuJy 23"' from 4 :00 p .m. to 8:00 p.m. with a live broadcast at 5:00 p .m. So from 5:00 p.m. to 6:00 p.m. there will be live broadcast. Officer Peterson staled that National Night Out will be held on Tuesday. August 3"' and she asked. any Council members that would like to circulate the City , that they let her know . Officer Peterson said that is just some of the larger things that arc coming up and she wanted Council to be aware of them. She noted she would like to see a lot of their smiling faces at the 4"' of July event The Cow Paddy Bingo will be back, it was a bit last year. This year, she acnised. they will ha\'e a strolling barbershop quanct.. they will stroll through Belleview and Cornerstone Park. dressed in 19"' Ccnllll)• clothing. They will also have the Live Pyro Musical and. she said. she has listened to !he music and she giwanteed they will have goose bumps, it is going to be great Officer Peterson left some bumper stickers for the Englewood Speed Pledge Program for an yone who wanted them. (b) Lany Warner staled be is with the Colorado Department ofTransportation and it has been three or four years since be last appeared before Council in a Study Session . They had asked for the status of the Santa Fe highway improvements and be provided thaL He said it is good to be back before Council. Mr. Warner stated be has been in Region 6 for the last 11 years, and he has served as the Region 6 Director for the last 5 years. He said be worked with Council Member Waggoner when he was a pn:- construction engineer in Region 6. Effective JuJy 1•, be said. be is moving on to a new job assignment within the Department of Transportation and that is to be the Project Director for the Southeast Corridor Project . Mr. Tom Norton has appointed him to that position and he will be serving in that capacity on a fuJl-time basis so be hopes to spend a little more time, not only with Englewood, but with the other entities and counties thal arc involved in thal project. Mr. Warner staled that be wanted to apologize for any miscommunications thal the project team might have had with the Englewood City Council and Mayor. Part of his new job responsibilities, as Project Director, will be to tty to avoid those miscommunications in the future . So , be stated, be will not take those duties lightly and be told Council be is here to wort with • I • 0 • • En&lewood City Council Juae 21, 1999 Pasel ,. .,-. • - ·• ' them on a proactive basis on any issues they may have concerning the southeast corridor. If Council has any questions on the southwest corridor they can go 10 RID. Hopefully. the highway improvemen1s . he said. after many, many years of struggling on the Santa Fe Corridor. will be done next year. Hopefull y, he said. he looks forward lo attending some type of ceremony when they do a ribbon cutting for the Santa Fe/Belleview interchange. Mr. Warner advised thal beginning this week, as pan of the public involvemenl process for the southeast corridor, we arc in the environmcnlal impact Slatemcnl process and the preparation of thal document W c have some members, he advised, of the southeast corridor project team thal will be seeking some input on proposed locations for the LRT mainlenancc facility . Those project members will be providing a little prcsenlalion and will be lhcre to answer questions on the site selection process and requirements for an LRT facility for our southeasl corridor project . As you know, he said. the existing LRT facility that RTD has, will need 10 be, not replaced, bul added on to , as far as the capacity, due to the additional light rail vehicles and mileage for the southwest and southeast corridors. 1bose project learn members will also be able to provide some informatioo oo the decision process, which will obviously involve the RID staff. Mr. Warner said he just wanled to mention, Iha! as the project director he will be working with RID quite closely, this is a multi-modal project and will continue to be a multi-modal project until it is built in his opinion, and he will be working with RID very closely in the developmenl of that The LRT facilit y is . obviously, to serve the LRT portion of the project. He stated he is not here to tell Council he is an expcn on light rail operations, !hat he is just here to lell Council he is here lo facilitate the process and do whatever he can to listen 10 their ooncems and try to address their concerns as bes! he can. What we tia,·c proposed, he said. on the LRT is 10 maybe pul together a working commiltee of Council and staff people from Englewood and the City and County of Denver 10 try to wort a linle more closely wilh some of the affected communities on trying to nail down a proposed location for this LRT facility for the southeast corridor. He said he would hope lhal is something Council would be willing lo participate in and al least allow Slaff to participate in. So that is something Council might want to consider and thal is something that we arc here to offer. he Slid. He offered to answer any questions Council mighl have . He said he wanted to introduce Ahmad Fazcl from the R.egjonal Transponation District who also has some comments. Mr . Warner advised lhal he has some ocher members from the project team available if Council has some more specific questions oo the project overall or the LRT facility select.ion . Ahmad Fazcl , the Director of Planning and Development for RID, said he was also present to apologize 10 the Council and the Mayor for the misundetstanding we had a few weeks ago aboul the selection of the si1e . He said he wanted to assure Council lhal RID will also do their best, as they go through the process thal has been established and hear from the communities involved before lhal site is fmalized . There is a meeting here in the Community Room, Wednesday night, Jwic 23..i and RID staff will provide answers 10 any questions they may have . Mr. Fazcl advised that Cal Marcella, their General Manager, asked him 10, on his behalf, advise thal he has had several meetings wilh the developer thal is interested in the location for the operatioo facility thal they have in mind right now . He has !old Dana Crawford thal he will do his best, if she comes forward with some developmenl plan al thal location. 10 make sure thal RID's plans for thal sile does not interfere with her plans for fulUrc dcvclopmenl at !hat silc . So, he said, Mr. Marcella just wanted him 10 pass thal along to Council tonight Iha! Iha! is going 10 happen. We arc here 10 answer any questions, but before that, he said, he wanted to give them a brief updale on the southwest corridor. They have scheduled a lour of the southwest corridor early next mooth and the City Council is invited 10 attend. It is on a Friday, bul he was not sure of the exact dale. He stated he would let !hem know . Bui generally , he advised, they arc making good progress on the soulhwest corridor, the project is on time and within budget . Mr. Fazel Slated he was pleased to say thal the RID Board of Directors has approved the new name of the station, ii is going be called Englewood Station, as they desired. Also. they have approved lhe additional $3 millioo for the joint development at !hat location . The amendmenl lo the IGA has been reviewed by RID and they had a few minor comments and they have sent it to the City's stafJ. He said he was sure thal as soon as the Council hears thal ii will be approved and signed. Mr. Fazel thanked Council for their support of the southwest corridor and the City staff for all of their cooperatioo . He opined we have a very exciting project and ii is going to open on time and it is going to be exciting for RTD and for the • • ? • I • 0 - • • • En&Je,rood City Council June 21, 1999 Pa1t4 .. .•. .. ~ --. • • -.. City and the regioo . They are looking forward to having that kind of cooperation again with the City staff and the City Council for the new and exciting project that is going to happen and that is the southeast corridor . The RTD Board of Directors look actioo last month lo finalize the ballot language for borrowing money to build that project without any additional taxes and they are all excited . He thanked Council and offered 10 answer any questions. Mayor Bums said he thought they have had some good communication, that they have talked 10 our staff about their design workshop . Our staff attended that. even though they had shon notice . but he thought they had a toe of constructive communicatioo . Just by the very fact of what they said tonight, that there may be alternatives for development of the General Iron site that would please the City and the citiz.ens ... and we have talked about for some time. that would be compatible with their desire to have their facility . So, Mayor Bums said, it seems we have made considerable progress 1'-ith our entities since the design workshop and he is pleased to see that Council Member Habenicht stated that she and Council Member Grazulis had an opponunity to aucnd those workshops and they appreciate the open communication and she can assure Council that the communication is open. Ms. Habenicht said we appreciate that and it needs to stay that way . She noted we hear your commitmenl and appreciate it. Council Member Bradshaw stated she appreciates that they came back this week and helping allC\iatc some of their concerns from before. Mr . Faz.el said it was no problem, it was his pleasure. Mayor Bums commented that we have developed a very strong working relationship oo the south .. ·cst corridor light rail and as he worts in his capacity as Chair of the Metro Mayor's Caucus this year. on some of the southc81l corridor developmcots ... that is a complicaled, dift"JCUlt situation and the southwest 1s son of the talk of the town, so to speak. We are very excited about 1h11, he said. and our CityCcntcr development. He said he knows that people in Olber corridon are looking enviousl y at us for all of these developments that are going so well in the southwest conidor. We are very pleased. Mayor Bums said. to continue that relationship, we value it very highly and wc wish to work with them very close I y on that. Mr. Faz.el Staled RTD feels the same way and they apprccialc all or the City's support. He noted the southwest corridor project would DOC have happened without your suppon and they are excited about that City Manager Scars staled that from the saaft's viewpoint he really docs appreciate the work of RTD's staff in helping us come to an agrccme• or at least to continue the process along. One of the questions we have . he said, is to ask exactly what they anticipale achieving or what they anticipate going through on Wednesday evening, when several of Council and staff will DOC be able to attend that meeting. He asked ir they could answer that relatively, briefly. Mr . Fazcl explained they are basically going to provide answers to some of the questions you may have . If the City Council cannot attend that meeting, al that time , they promise that RTD staff, in cooperation with COOT, will try to set up another meeting, at Council's convenience, to try to come over here and answer their questions . But the Wednesday night meeting is one of the public meetings, but if their schedule docs DOC allow them to attend, they can set up another meeting. Mayor Bums explained that that is the Colorado Municipal League's annual convention this week in Vail and that is why a number of us are scheduled to be gone . Council Member Habenicht stated it was her Wldcrslanding that this meeting was going to be laying out the process , not going into specific designs or anything thal might be there. She asked if that was true . Mr . Warner said that is right. So, Ms. Habenicht said, there won't be drawings or anything like that, they will just be going through the process of what the next Slep is . Mr. Warner said basically it will be exactly as she described it. 1bcre will be some information on the process we are in, a liUJc background on the project ... where wc are at in the project and the public involvement process and where we need to go . But , • . I • 0 • -. Eackwood City Couacil Juae 21, 1999 Pqe5 r·.,., • ---. • • - .. .. .. he Slated, it is mostly process oriented and they will tty to answer as many questions as they can for the public with the information wc have. Council Member Bradshaw pointed out tbal this is in response to Council's reqUCSI that they meet with that neighborhood. Mr. Warner said that was rigk Ms . Bradshaw stated she appreciates thal . Council Member Habenicht noted they mentioned a meeting with the Denver and Englewood groups and she asked if they had a date yet. Mr. Warner said the working committee, yes. but they don't have a date yet. He said he was just asking if the Council would be supponive of that proposal . Council Member Habenichl said absolutely, that she thinks it is impol1alll. Council Member Grazulis agreed. Mr. Warner noted dial there aR OChcr propoals out there, OChcr ways. Olhcr mechanisms to tty to deal with it, but it is just a proposal they came up with and if they have some concum:nce they will send Council something in writing to give them a little 1DOR information on what thq· aR proposing and they can get the dialectic 5lar1ed. Council Member Habenichl asked if this is IIOIDClhing different than what they talked about before. Mr. Warner said be thought so. Ms . Habenicht said she would like to know more about that, but maybe this im't the time . Mr. Warner said okay and noted they will follow up with this in writing. He said he just wanted to mention it as far as this is wlud they arc lhil*ing about, and like he said there arc different mecbani11111 to do it. but this is wlud they came up with. (c) Mayor Bums llaled dial Les Jenkins. from the Englewood Historical Society, was present to addrcll Council reprding the Englewood Depot . He noted they hive a letter from Jerry Slack. President of the Hiltorical Society, who is also prelCIII this evening. City Manager Sears noted that Jerrell Black would speak to Council from lhc staff viewpoint, as he has been following this. Les Jcakins statcd that on behalf ol the Englewood HillOrical Society he wantcd to preselll the following letter ol reqUCSI to the City Council. He read the following letler: "'Ibis leller is to request thal wc, the Englewood Historical Society, be alloMd to 111e an existing waler tap acdit for the depoe/muscwn. Rather than oonncct to the old line localed to the call. it is our clesirc to tap into the new line inllalled by the Parts and Recreation Depanment We have dilcu..cl this with Siu FOllda and Jenell Black and they aR both supportive of our request. We tmok you for your IUpllOl1. Jeny Slack, Presiclea. for the Board of Directors.• Mr. Jenkins said dial Dircclor Black is here to answer any questions Council may have. Director Black advised that with the purdluc of thole properties over there, there was an existing water tap and the tap is still on the property and what they arc requesting is that they use tbal tap as a credit and upgrade the tap, or whatever, and use it to run water to the building. We cum:ntly have a separate, large tap that wc put in for the irription there and wc really don't have a need for thal. so we certainly support the request that the Historical Society is bringing forward. Council Member Bradshaw asked what the cost would be . Director Black said he thought they were looking at it as gratis. Ms. Bradshaw said okay, she was just checking . Mayor Burns asked if there aR two taps. Director Black advised that with the purdluc of the property there was one water tap and that is ltill there. When wc went in, be said, on the other properties and pg the irription in and the sod, we purchased a separate tap just for that . So they arc requesting that we allow them to use the existing tap that came with the property. Mayor Bums asked what happens to the old one. Director Black said they will get a credit on that and they will get anodlcr tap coming in off of Galapago for that, so that tap they will do away with . • ' ' I • 0 - • • En&lewood City Council June 21, 1999 Pase6 • ,.,-- e • - .. ... Council Member Waggoner noted that usually they will go in and disconnect that tap at the main. He asked if that was still the procedure . Director Black said yes. that is his underslanding from Utilities this afternoon . Mayor Bums noted Council will take some action on this later in the meeting. Mr. Jenkins thanked Council and said they appreciate il 7. N011-1Clleduled Viliton (a) Gary Kozacek. 1260 West Oxford Avenue, passed out his letter and some pictures to Council. He stated it was brought to his attention when he attempted to go have a haircut. some real parting poblems and he thought a lot of it has to do with after having a severe accident he is a lot more a,gni.zanl of some problems going on. He said he is here regarding parking enforcement around Swedish Hospital . While he was getting a haircut across from Swedish Hospital he had to go a block and a half away to park. There were several cm parked there and the person cutting his hair said the one car had been there for four hours in the IS minute parking zone . She had called the police dcpanment at that point in time. or sometime earlier in the morning and had had no response . But the person next door. that has the store right next to her selling clothing or whatever, went in and called and the police officer did show up then. When the police officer was there, he said, he went out to talk to her regarding the problem . She stated that the parking eaforoement position had been eliminalcd as it was no longer economically feasible . Mr. Kozac:ek stated that the comment was also made that the Swedish employees were getting their parking tickets cancelled or dismissed. He advised that some of the problems are the two hour parking on both the east and wesl sides of Pennsylvania, you have two apanment buildings in the block between old Hampden and U.S. 28S , both with limited s-lang spaces . The church parking lo( is on the east side and it has unavailable parking. it is all restricted for no public and numerous curt, cuts throughout the area, speaking of that two block area where we had vacated Pennsylvania to go ahead and allow Swedish to expand . All of these items arc difficult to discuss for the business owners, because they are restricting their ability to get customen to them . He said this includes the Swedish parting for their little shop they have across the street on Pennsylvania Mr. Ko:zacck said his question to Council is is Swedish in compliance with regard to the number of parting spaces required by our own City ordinances. based on the volume of people using the three medical office buildings. the hospital, the rehabilitation center and all of their employees on all shifts . He emphasi:zcd that we have allowed them to continue to build and to continue to build and their demands on public parting has increased. Are they still meeting it? He said he knows they arc leasing propeny from the Englewood Masonic Temple, as he is a member. But. he asked, how many of the employees arc parking down there versus employees parking on the street. Which, he said, he will get to a little bit later, on one of the photographs . He said he knows Council Member Waggoner has received a couple of letters from Harold Woods and Jim l.adic and, he understands, there have been some other letters. He said he would noc go into ddail on those as they are addressed in his letter to Council. The reason he melllioned those two names is to show that the parking problem isn't something that has just staned, but that it has been there for a long lime. He said he has some suggestions he would like to throw out to Council . He said how about doubling the fines for the overtime parking in the hospital zones, that could be an ordinance and they could post a little sign under the parking sign stating fines are double. You can even go one step further. he suggested, and put them up in the special permit zones around the High School and the elementary schools to add more safety there. How about restricting the times to one hour? Especially on the real poblcm streets . Every time he has ever gone to the hospital, unless it was going to be surgery or an emergency room visit where they have a parking structure over there, if you are going to be there more than an hour you should really be going to the parking sttucture anyway . So , he stated, his concern is that we are not enforcing that over there and we are allowing a lot of things to take place and a lot of hazards. He said he doesn't know how many tickets were issued when Englewood High School had a walk through on their graduation, but there were numerous tickets cited up at the High School and yet right over here, blocking and obstructing views where there is a lot of foot traffic and stuff. as they will sec in some of the photos, with the sun and stuff' and some of them parking clear out to the comer, that does create ; I • 0 • • • Ea&Jewood City C•acll Juae 21, 1999 Pase7 ... • ,,,.. . • • - .. .. ... a major huant. He said be -lllbmilling the pbocol to Council . They were taken on three different days. only three days. Pictures one, two and dne ... pidure one shows a lady wearing a hospital smock. pulling up next to fire hydrant, very cloac 10 a a>mer, bloc:lting the fire hydrant and to bis amazement she takes oul a puking ticket and stic:ks it on her window . Picture nwnber two shows her stic:king it on her window and then proc:ecds across the SIJ'eet to go ink> the emergency room section. This is direc:tly across from the emergency room. He pointed out that, one it is obsUuc:ting the view of any c:ars coming by and two ii is blocking a fire hydrant She appean to be an emp!oyee , be said. be didn't sec a name . For the third picture, be explained, be went to the other side so they c:ould c:arefully read the license number. He noted he is not a professional pbologrllpbcr, but be W81Ud to at leUI get a liceole IIUlllber so there would be a correlation to an employee and they can see the history going on. He said be took the pictures on three different days and different times throughout the day. Pictures tbineen and founeen will show Council the obstruc:tion. not only in the sun, in the evening. but also the vehicle parked clear out by the wbedc:bair ramp obstructs your view dim:tly on the south side of the hospital . 1berc is a loC ol foot uaflic tbal goes over to the reslalralll and back and be really feels we have a problem. a IICrious problem. He said he wanted to present to Council what be bas seen and they now have pictures in band. He actually bad more violations. but on a c:ouple of them the sun glared it out so be didn't bring thole. But, be noced. in three days. at three differen1 times and only taking five to ten minutes ... on the picture they can see the time Slalnp. on three differen1 days, that there were fifteen violations. H Council or the polic:c dcpa,11.-does not want to have a meter penon, be said be would be more than happy to be hired to go out there for SO-/. of what the tickets would be charged and be would make more money than be llllkcs now. from what be bas seen in three days . He said be would clOIIC with the fact that like candid camera ays, you never know when or where. but somewhere I will be out there with a camera and God forbid -.ebody gets hurt or killed because of the negli,ence of the City, by not enforcing the laws tbal are there. We are a little bit more apt to go out and write somebody up for a branch banging too low. He said. fore~. bis father was given a warning because they toot a tape DICUW'C and measured a brlnch and said it -one inch lower than City ordinana: stated it should be. We are more <XIIICel1led lboul wnething like tbal versus the safety and well- being ol our citiuns? Mayor Bums thanked Mr. Koz.acek and noted that they rccendy bad some questions about parking at Swedish and they bad a special permit for people who live there . Council Member Bradshaw said they probably need to revisit tbal . Mayor Bums said yes, tbal it is obviously a problem. a continuing problem . Council Member Grazulis advised she UICd to have to by to park over there when she did her stat runs. especially at the 699 building on East Hampden, tbal the valet puking takes all the premium spots and there is very little for that particular building if you don't use valet Obviously, she said, if you are doing business you don't use a valet and ., there -no place to park. So that was just one incident, she said, she c:ould tell them about that would happen continually, day after day. Mayor Bums opined 1h11 they also need to know if we are not enforcing ii in that area or is there suc:h a thing as a parking enfon:emcnt position that goes to Swedish . City Manager Sears said be did not have the answer, but Director Olson was present Mr. Kozacck said there -one other thing. In one of the photographs they will see a c:ar in violation of parking way too clOIIC to the curb and in the background there is a police car and be clearly saw him take a picture. He said be Slayed there for a good fifteen minutes and there was nothing done about it. Mr. Kozacck said be knows that the polic:c officers have a lot of other things to do in this City, because they have a lot of ground to cover, but when you did have a code enforcement person or somebody going around and marking tires it seemed to be a lot better situation. He said be bas talked to many, many people in the pl'OCCSI of coming up with this and they say there is nobody around to do it The only way they will ticket is if there are complaints coming in. Well, he noted, businesses get awfully tiral of spending haH of their time c:alling to say somebody else is parked here, somebody else is parked here . He said he knows one, when be got his hair c:ut and be didn't have bis c:amera, there was somebody selling goods to Swedish .. ' ' ' ... I • 0 ·.]- • • Ea&tewood City Coucil Jue 21, 1999 Pqel 1 . ,. ,,,-·· • • • • ... .. ... Hospital and the gal thal cut bis hair came in• 6 :00 a.m. and that vehicle was still there when she cut his hair at noon. That was past the fifteen mimU parking mne oo the comer. He assumed it was an employee or somebody selling goods, bccaUlc: they bad medical p,ods in the back md of their car. That is when the police officer cited that car and two others al that lime once they finally showed up. Mayor Bums and Council Member Bradshaw thanked Mr. Koz.acek . City Manager Sears stated thal Director Olson could give a brief response. Director Olson Slated that be appn,cialcs Mr. Koz.acek's input Tbe reality is, be said, thal we do DOI have a parting enforcement officer. All of our officers are now cledicatcd to oode enforcement and when they can work parking into their jurisdictioo they will . Mr. Olson stated there is no doubt that our primary parking enforcement concerns, our primary an:as of concern are Swedish Hospital and the High School areas . So . be said, we try to addras those and yes it is mostly on a complaint basis. Right now the regular. consistent enforcement of parting is not occurring. Prior to Mr. Koz.acek speaking tonight. be said. we ha,•e already put together a proposal to reestablish the parting enforcement officer position. It will not be at the same level of pay as the oode enforcement officers, it will be a diff'erent lower level paying person . But it will be a person working llric:tly OIi parking issues . So, be noted, we are proactively working on this and with Mr . Koz.acek's ilqu here tonight and hopefully that propel this aloog for the budget process . But we arc aware of it and there are a lot of issues up there and we do generally wort by complaint at this point, because we just CID not get out there on a regular basis and do that . Director Olson stated be appreciates Mr. Koz.acck's input and adYiled they will do what they CID on a complaint basis and hopefully next year we will have a -c:onsistcnt method of enforcing parking. Council Manller Bradshaw IUgemd dlll as the police dme by Swedish they can look at whal is going on. Director OIDI explained dlll in IIIOII -they are Finl to Oilier calls and Olher responses, so if they get a call up there they are ,oillg lO a apecific _. ... uaally it is somdlocly parking in somebody's driveway or ICJIDC'Ahiog like dlll. He aid be bMcs to throw that out that we don't have the personnel to do thM, but we just don't have cnougll people 10 just go out and consistently drive up and down for parking type issues al this point. Mayor Bums thanked Director OIDI for bis input 8. (a) A leuer from Robert E. Powell indicMing his resignatioo from the Englewood Downtown Development AIOOl'ity WIS considered. COUNCO. MEMBER aRADSBAW MOVED, AND IT WAS SECONDED, TO ACCEPT lBE RESIGNATION OF ROBERT L POWELL FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY • Motion carried. Ayes : Council Members Garrat, Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays: None Absent: Council Member Nabbolz 9 . l'lllllic Bearill& No public bearing WIS scheduled before Council . io. c-•Aama ' .. . . ' .. I • 0 . ] • • • ' Ea&lewood City Couacil Jue21,1999 Pqe9 , .. , . .. ~ ,.,-· . • • • (a) Approval of Ordinances on Finl Reading .. .. ' "' ' There were no additional items submitted for approval on first reading. (Sec Agenda ltcm 11 -Regular Agenda.) (b) Approval of Ordinances OD Second Reading COUNCIL MEMBER BRA.DSBAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITl:MS 18 (II) (i) MIi (ii) ON SECOND READING. (i) ORDINANCE NO . 32 . SERIES OF 1999 (COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU11IDRIZING ACCEPTANCE OF A $7,500 GRANT FROM THE COLORAOO DEPARTMENT OF LOCAL AFFAIRS (DOLA) SUCH FUNDS WILL BE USED FOR ENTERPRISE ZONE MARKETING AND ADMINJsraATION. (ii) ORDINANCE NO. 33. SERIES OF 1999 (COUNCIL BILL NO . 39 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE SUBMITIING TO A VCYIE OF 11fE REGIS1cRED ELECTORS OF THE CITY OF ENGLEWOOD AT TIIE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AU11IDRIZING ADDmONAL CATEGORIES OF THE PREVIOUSLY ESTABLISHED OCCUPATIONAL TAX ON LIQUOR LICENSED BUSINESSES . Votenalu: Ayes : Nays : Absent: Motion carried. Council Members Gama, Bmdlbaw, Habenicht Waggoocr. Grazuli s, Bums None Council Member Nabholz (c) Resolutions and Motions There were no resolutions or motions submillcd for approval . 11 . Replar Apda (a) Approval ofOrdinancca OD Fifa Raiding (i) Director Glyglcwicz prelCIIICd I recommendation from the Department of Financial Services to approve I bill for an ordinance adopting the City of Englewood Non-Emergency Retirement Plan Document He explained that this ordinance adopls the Non-Emergency Retirement Plan Document with changes . The 11101t sigpific:am of which is the DROP Plan . Other than that, he said, it is pretty much as it was before it has just been updated to comply with Stale Statules and Federal guidelines. Mayor Burns asked if this has been puled through the NOD-Emcrgcocy Board. Director Gryglewicz said yes, it has taken about a year but they finally got it dooc . Council Member Waggoner stated this is one they have been waiting for for a long time . The City Clerk read the aJUDCil bill by title: . ., ~ - I· 0 ] • • • E•&lewood City CouacU Juae21, 1999 PqelO ,. ... . . .. ~ ,,,-·· • • -.. COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL MEMBER WAGGONER . . ... A BILL FOR AN ORDINANCE AMENDING Tl1LE 3, CHAP1cR 6. OF 11iE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO 11iE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 40. Ayes : Council Members Gam:u, Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nays : None Ablml : Council Member Nabbolz Motion carried. (ii) Dircclor Simpson presented a recommendation from the Department of Ncigbbomood and Business Development to adopt a bill for an ordinance vacating 16 feet of an unused right-G'-way for Well .Jdrerson A\'fflue improvements . He S1aled the applicants for this request are Ms . Molner and Ms. UIIICI' who own property at 3642 South Cberokcc . The request is for a vacation of the north 16 fed of the Well Jefl'erson Avenue between Cherokee and Bannock. This vacation was heard by the Planning and Zoning Commission and approved unanimously for recommendation to the Ci ty Counc il, be advised, and staff requests their approval . Mayor Bums asked if the .-vmg bas been done on Well Jefferson. Director Simpson said yes. Council Member Waggoner said it mmioncd the drainage from the alley running down into there and the COIISUUdion cl a berm, which be auumcs is already in and be would also assume that is on the propeny that is being vacalcd, that proCccts the property to the north. Director SimplOII said yes . Mr . Waggoner asked if we do DOC maintain ownership what will happen to the berm and the proleetion for the propeny. He asked if there is some way we main that poo:ction for the property . Director Siq,son said as be undelSlands it the berm is on the vacated portion and it would go to that property. Righ t, Mr. Waggoner said . But what, be asked, is to keep them from removing the berm and eliminaling a protection and then the water that comes down the alley that we built the berm for would be gone and the propeny would then be flooded again. Engineering Managa-Kalun explained that that particular alley \WS built in this year's paving district, that it hasn't been assessed yet . The alley design is such that we have extended a storm line up the alley between Bannock and Oicrokcc to the top above the City ditch and we are picking up all that storm water at that point and then the alley itself bas a V-section in its design such that that water no longer jumps and goes onto that adjacent property . So, Council Member Waggoner said, they can go ahead and remove the berm and still be all right Mr. Kalun said they can remove the berm and also as pan of the paving district, we are also working with the property owner to a,mpensalC him. There is a restriction to bis access because of the alley design, so we are inlo him for damages to that garage . Mr. Kabrn advised it will all be settled. Council Member Bradshaw asked if this is the propeny on the north that bas numerous code violations. Director SirnplOII said that was ClOfl'CCl . Mayor Bums commeDIA:d that be knows exactly where it is . The City Clerk read the aJWICil biU by tide: COUNCll.. BILL NO . 41, INnODUCED BY COUNCll.. MEMBER BRADSHAW . .. I • 0 -- • • • Ea&lewood City Couacil Jue21,1999 Pace 11 •· ,,- ·,· ·~ .. ~ • .. • -.. A Bll.L FOR AN ORDINANCE Al11lfORIZING 11fE VACATION OF 11fE NORTii 16 FEET OF RIGIIT-OF-WA Y LOCATED ON WEST .JEFFERSON A VENUE BETWEEN SOI.ITH BANNOCK/SOI.ITH CHEROKEE All.EV AND SOI.ITH CHEROKEE STREET BY 1llE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER 81ADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (H) • COUNCIL BILL NO. 41. Council Member Bradshaw poiDled OUl thM this will also 1M propeny back on lhe tax rolls . Motion carried. Ayes : Nays : Absent: CGuncil Members Garntt, Bradshaw. Habenicht, Waggoner. Grazulis. Bums Nooe CGuncil Member Nabholz {iii) Chief Building Official Smith prescnled a recommendation from the Depanmen1 of Safety ScrviC1CS to adopt a bill for an ordilalcc pertaining to Solid Fuel Burning Devices. He explained Iha! lhe recommendation is 10 change the cuncnt ordinance thal prohibits all solid burning fuel devices and allow State and EPA approved wood burning 51oYcs to be approved. CGuncil Member Bradshaw asbd if this addreues the i5SUCS our residents raised on the wood burning stoves . Mr. Smith said they do and her lllOYe is on lbe current approved list provided by the State. Ms . Bradshaw said okay, that is whal lhe needed to cbcck on. Mr. Smilb poiDled tbat in addilioa to lbe tm wood 11aVe1 thM have been approved by lhe State, there are also 3 7 pellet types that haw: bcca appn,Yed by Colorado and EPA. Mayor Bums nocccl tbat this seems to bring us in line with what IIIOlil other cities have done ... since we had this at our Study Session a few weeks ago. Mr. Smith said yes. Council Member Bradshaw thanked Mr. Smith for his work on this . The City Clerk read the council bill by title: COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING TITLE 6, CHAYrER I, SECTIONS 11 AND 12, OF 1llE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO WOODSTOVES . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill) -COUNCIL Bll.L NO. 42. Motion carried . Ayes : Council Members Garntt, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Absent: CGuncil Member Nabbolz (b) Approval of Ordinances on Second Reading lbcrc were no additional items submiual for approval on second reading. (See Agenda Item 10 -Consent Agenda.) • ' . .. .. • J • - I· 0 • • E•&lewood City COUDCil J11ae 21, 1999 Pqe12 (c) Resolutions and Motions ' ~ --. • • - 1bere were no resolutions or motions submitted for approval . 12. Gaenl DIICllllioll (a) Mayor's Choice .. ... ' .... ~ (i) Mayor Burns noted we panicipaled in the groundbreaking on the redevelopment of the CityCenter site on Thursday and his rendezvous with the backhoe probably got him more publicity than anything be bas done since becoming Mayor. He said there were a lot of comments on that, but they bad a good time. The weather was sort ofwild for awhile and then it was nice. Mayor Bums said he thought a lot of people took noce of the fact that we arc beginning to rebuild that development and we are very much in the news because of it. He pointed out there was an article in the Denver Business Journal . they might have seen , on the redevelopment. (ii) Mayor Bums advised be attended the last pan, Saturday . of the Swnmit on Youth Violence down at Metro State. He said be talked to the Governor, the Attorney General and Bill Ritter, the DA Imm Denver after that. He commented that be got the impression there is a real gap in the knowledge of a lot of these folks about what cities arc doing about before and after school programs , the Safe Summer Program . He noted be talked to Attorney General Salaz.ar and he doesn't think be even knew what that was. He said be is not sure what the counties arc doing through the parks and recreation departments about before and after school programs, but the municipal involvement in this ... what we arc already doing ... is kind of lost oo a lot of these people . Mayor Bums said be asked Bill Ritter what he thought the Mayon in the lll'CII could do to help facilitate 'Whal they arc doing and be did not have a clue , he was stumped by the question . So, be Slid, the best thing was what the Attorney General said, that we can let them know what we arc doing llrcady because they really need to know a lot more about that He opined it was beneficial to be tbcrc just to talk to them briefly . They had the experts. they had all the folks you have seen before giving some very good comments on violence, gun control and so forth . But, he noted, a lot of these were punitive measures and things like that and cities arc doing a lot of constructive things. Council Member Bradshaw said we arc doing preventative and that is much more affective . Mayor Bums agreed and said we may be filling 1111me gaps that nobody else is already and maybe they need to know that. So be will promolc and aee if they can Ft IOOIC more infonnation to them about that . They arc suppoec to render a report in the next several weeks, be Slid, but that. is a report and he is not sure what is going to happen to the report. They did no( have nearly the alteodance they thought they would have . He noted the paper said they expected a couple thousand people and he thought they had a couple of hundred. Mayor Bums said there was some quality discussion, especially by the kids earlier in the day. He was told because be talked to several people who bad been tbcrc aU day. Ken Bueche was there from the Municipal League . He opined it was wonhwhile, but what follows is the important thing as far as that is concerned. (iii) Mayor Burns distributed a list of his potential expenses for CML Conference to Council . Council Member Habenicht asked if they could address all of the requests at the same time . Council agreed. Discussion ensued regarding the expenses. .. . .. I • 0 - • • • .. • , . .,. .. • ... ... Eackwood City Couacll Juell, lffl P .. 13 COUNCD, MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE S21.00 PLUS WHATEVER ELSE IS NEEDED TO SEND MAYOR BURNS AND COUNCIL MEMBERS GRAZULIS, HABENICHT AND NABBOLZ TO THE CML CONRRENCL In re1p11111e to Mayor Bums, CouociJ Member Waggoner clarified that "whatever else is needed" refers to the mDIIU listcd on the individual memos. Ayes : Nays: Absent: Motion carried . Council Members Garrett, Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nooe Council Member Nabholz Council Member Wagoner collllllCIIICd that that is a good orpnwlion and a good meeting to aaend . • • • • • Council Member Bradshaw suggested. regarding the discussion Council just had on the Summit on Youth Violence, that they go through CML and DRCOG and quit mnvcming new SIUff all the time . Council agreed it was a good idea. Ms. Bradshaw DOICd the infoffllllion is Old there. (iv) MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE $6,000 FOR THE EXPENDITUll FOR THE JULY 4111 CELURATION. Mayor Bums clarified that Council is increasing their doaltion by SSOO. from SS ,SOO to S6.000 . Ayes : Nays: Absent: Motion carried. Council Manben Gamlt, Badllllw, Habcaicht, Waggoner, Grazulis, Bums Nooe Council Member Nabholz (b) Council Member's Choice (i) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO ALLOW THE ENGLEWOOD HISTORICAL SOCIETY TO USE EXISTING WATER TAP CREDIT FOR A TAP AT TIU DEPOT, TO TAP INTO THE NEW LINE INSTALLED BY THE PARKS AND RECREATION DEPARTMENT. Motion carried. Ayes : Council Members Garrett, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : Nooe Ab&cot: Council Member Nabholz (ii) Council Member Bradshaw : I . She thanked Tom Vandennec for his re1p11111e to her question last time . 2. She wanted to give Paulcaa Punccrc1li CRldil for pulling that off last Thursday . City Manager Sears said he would pus that on, lhc rally did a pail job and woncd very hint. He thanked Ms . Bradshaw for her COIIUIICIIL Mayor Bums qrc,cd lhc did a pat job . ~---··---·--...... ~---·- ' . ., ,• ', I· 0 • • • ., Eapewuod City Couacil Juelt,1999 ...... (iii) Council Member Grazulis : • ,,.-- • • - ----~ .. ' ... ' I . She adviled she aamdcd Career Day at Bishop with Council Member Habenicht She said it is always rcftelbiDg to listm 10 the cbildml's opinions about what is happening in the City and some of the things there would lilll; 10 ICIC put in the area there. They O\'ffl\'bclmingly, always mcntioo a new toy store in the vicinity . Ms. Grazulis said if you think about it there is Playnix, but they want something new . They also want 10 ace: more ue pats ... it comes up all the time . Mayor Burns DDCed be did appear• the skateboard opening for South Suburban a couple of weeks ago and it -infaaling. He mentioned 10 Chris Olson that Sheriff Pat Sullivan was there to officiate and it was good 10 ace: him, bul it -'I exacdy in bis jurisdictioo. Mayor Burns said he was wondering if Englewood police bad Mell invited 10 allCDd that event. Dircctor Olson indicated they had not . Mayor Bums aid be wa a little c:urioul and be DDCed it is the only facility South Suburban has that is out of their distric:t. But the Sllcrifl' made a llliclc appearance, was very cx,mplimentary to all of us , got on the miaopboae and c:arricd OIi for -time. 2 . She 5laled the home site for the Web still bas current articles dated from 1998 and she was not sure who was in cbarF of it. Ms. Giazulis said she looks at it all the time, that she likes to study it and there are a lot of diff'erent agencies where their most current things are 1998. She said she has the exact listings, but she left the till • home ... in case they need to know where to find these, without looking through everything. City Manager Sean adviled 1h11 Fiank Gryglewicz is in charge of that, but he would relay that . He noted that he thought OIIC of tbolc: wa bis and they have been OD him 10 updale that a little bit Ms. Grazulis said the Holiday from 1991 and wllll the tlleme wa is OIi there and she felt it should be changed . (iv) Council Member Wagoner DDCed it was a long time ago , but at one time we had some problems with the coallaCIGll lhll Public Service Company was hiring to paich streets and we called Public Service Company in and dnltencd to do away with the benefit they get DOW OD street cuts. He said be thinks they get a SIRICt cut pamit for a basic fee, where we chm)c C\'CfYbody else $2.(lO a square foot. or it was $2.<lO, maybe it is $4.IIO now . And we do the paching and that way it gets done in good time and is a quality placemem. Mr. Waggoner said it ICICIIIS to him that Public Service Company is very lax again, that the oontraclOn they hire are ablolutdy doing a terrible job. The paches settle and they look rough for a long time, they juSI don't take pride in their work . He said be thinks it is time that Public Works gets together with Public Service Company and tlumcn to change ... and he knows he is willing ... to change the code 10 where we do the paching ounelves, that way we know it is done right and in good time . He thought it would be wise 10 get bold of them and tell them the same thing again and get them on the ball . City Manager Sean advised we will do that and repon back to Council Member Waggoner at the next meeting . (v) Council Member Habenicht : I . She said she also wanted 10 complimenl C\'CfYbody who put together the groundbreaking. It was a lot of fun. 2. She said, to piggy back OD ~ Julie Giazulis was saying about visiting with the kids, that she thought they had a lot of fun, that they were sort of like a Siskel and Ebert type of team. She noted that several kids, independently, difli:rent groups said they wanted bookstores and she was really tickled to see that. They were very excited and politive . She c::ommmted that she had also done this for Clayton Elementary and she must have put aside the mail and she looked at it laSI night. She bas a list of thank you 1etten and they are just so fun. She said she would share them with CounciJ . They talk about bow much fun it must be 10 be a politician. .. ,. ... ) I· 0 - • .j • Eapewood City COYacil Juae 21, 1999 , •• 5 ,, ·• ,. --. • • - 3. She said she noticed in the Rocky Mountain News today about the opening of the Gothic and she wondered what the status was then:. It was a very nia: article. Mayor Bums staled there was an article in the Post on Swiday. City Manager Scars advillcd we have been working extremely hard. Lance Smith and Chris Olson in panicular, to try to make sure they open. wort with them on the opening. It has worked out relatively well and in Council's packet there was informalion that liSled out a number of things, including the Dcpanmcn1 of Health and water rcquircmcia lhlll are outside our jurisdiction. Mr. Scars staled that what we wanted to do was provide them, as early as possible, a list of things that they have to do so we don't get into red tagging them the night oflhc cvcot. Tonight is one event that has been postponed to Thursday, but we arc still not ccr1ain as to wbcthcr or not they will comply tomorrow night. with all the code. when the doors arc open. City Manager Scars advillcd we have been in almost hourly contact with them and the contractor to let them know precisely what the areas are and they are behind. It is putting a lot of pressure on us and on them to move ahead, but wc are rcally trying to aa:ommodatc. From a liquor code standpoint they have to meet certain rcquircmcnlS . City Manager Scars asked that Quis Olson update: Council with the latest infonnation this evening on where wc are. Director Olson advised he was over there tonight and the only people in the building arc construction wortcrs frantically putting things together. The party was scheduled for tonight and we just wanted to go over there and make sure people weren't in the building. but thal is not the case. Wort is moving forwani frantically and the last word they got tonight was that they will be in there all night long. he said. Lance Smith and Ben Greene were -there earlier and they feel that they are probably about 90% to completion oo the things we clcmancled be done. They bad their waler tat. apparently. and Tri-County has given them an okay. Ben Greene will go oo in there tomorrow and lest the fire alarm and the monitoring systems, so they are very, very clOIC . Mr.~ COIIIIIICllled lhlll bow they will be able to open tomorrow night he was not age, becaulc the place is just full of people working in there and construction equipment and so on. But as Qty Manager Scm's indiclled, we will, tomorrow aftcrnoon ... and Lance Smith conveyed to the supcrvilor-there ... that after 3:30 p.m we will not be going back there later that night to do more inspections . Thal will be the cutoff point and he will have to have those requests in by that time, otherwise we won't go oo back . So we will meet tomorrow and at this point, surprisingly they are about I O"/o away from at least being able to open given the criteria that wc established for them What condition it will be in at that point he just doesn't know. But, he said, if you drive by there now there are people scrambling all over that building and they are close. Council Member Habenichl noted tbcrc was a lot of activity over the weekend. She said she thinks it is imponant that they open under the codes that we have and at the same time she thinks that wc arc being very cooperative in working togctbcr and partnering. So she is hoping they can get all of that done . Director Olson said he would have to say that our people in building and in the Fire Marshall's Office have really worted with them much more than they usually do on IIIOlt projects. They understand what they have to get done to be in compliance. So, he Slated, if this is not done, just from a life safety standpoint then we just cannot let them proceed. Hopefully, they will contact us tomorrow by 3 :30 p .m . and we will meet to discuss what our next phase is and go from there. DiRCtor Olson advised that we arc prepared to not allow them to have the event tomorrow night if they are not in compliance. Hopefully. he said, they will be because we don't want to go through that scenario. Mayor Bums noted they have received some good, free publicity too and he hopes thal they can open. It will be so much better for their business. • ... ) I • 0 - • • -• E•&lewood City Cwacil J•• 21, 1999 .... , • .,-. • • - .. .. ... Director Olson said that ultimalcly they will, they an: getting there . He said be just thinks they are a few days off, actually. but it is a very complex project, much more than they originally thought Mayor Bums said Council appreciates all his hard work oo this and working with them . City Manager Scars commcllled lhat it is our obligllioa to work with them. that this is really a nice asset to the community. But. at the same time, the TOO. the Temporary Certificate of Occupancy, gives us some flexibility and we will use that flexibility to make this happen without putting us or them into jeopardy of a life safety issue. Council Member Habenicht said she thinks it is a real fine line between being supponive of businesses and construction and watching out for the well being of the citizens . She opined that our Slaff does a wonderful job. City Manager Scars said be knows Lanc:e Smith and Chris Olson are doing a wonderful job of working tluough this. 4 . She thanked the City for getting the graffiti cleaned up on the Masonic Temple, in that area . She noted she and Council Member Bradshaw have brought it up and it really looks nice . she drove by there . City Manager Scars noted they worked very effectively with us to do that IJ . City Muqrr'1 Report (a) City Manager Scars noted we have done this in the past. but be wanted to hear if Council has any comments repnling the Lims Oub miniature train maimenance conl111Ct . The)• would like us 10 take over the nai•CUNIQI' o( that 11111 pay us on an hourly buis for the malcrials that we prm i de to everybody cite. Council Member Bradshaw and Mayor Burns commclfcd thal that makes sense So . City Manager Scars said, we an: going to go ahead and do that . Council Member Waggoner said tbll will be a COlllract, just like with the schools . City Manager Sears said thal is right. Council Member Ganctt asked if we an: proccctt:d on the liability side. City Attorney Brotzman advised thal the City has an overall agreement with the Lions Qub. The agJCCment currcnUy provides that they will take care of maintenance and yes it docs provide for liability protection for us . (b) City Manager Scars uid they did have the Concrete Utility discussion for the Study Session earlier and be docs not know the urgency of getting ilfa this. He knows we are in concrele construction season and that this is to accommodate people who want to do other work on their property in addition to concrete. He noted if Council would like to talk about that this evening we can do that. lf there is not any urgency we can put this off to the next Council Study Session, be said Council Member Waggoner noted if they have staned into the program already there may indeed be people out there who want to piggy back on the project in order to get driveway work done or service walk work done. And, be said, ii is much easier to get that done al the same time. Olhcrwise you have to wait until after that is finished and it has cured and you have to bring somebody else in . Council Member Bradshaw advised they ran into a little problem in Arapahoe Acres over the handicapped area and Ken Ross was kind enough to respond, very quickly , within minutes. And they found out thal even though it is ADA specs on that that we still need to notify residents when it is going to occur and there was some stuff that Mr. Ross helped troubleshoot and she really appreciated it. • ' . . .. ) I • 0 - • • • En&lewood City Council June 21, 1999 P•&e 17 ' . ., .. • ,.. . • • -.. Mayor Bums suggested they go into discussion and Di.rector Ross can give Council the best case scenario recommendation that does not overburden the City , but yet accomplishes the purpose of helping the citizens . Director Ross explained that basically they wanted lo talk about two issues . One was to depress curl> cuts and what happens is we start doing the wort with the Concrete Utility Program and a portion of ii is in the driveway area and people aren't very fond of their HoUywood cwbs and they want the curl> cul depressed . In response to Mayor Bums, Mr. Ross explained that a depressed curb cul is a transition where ii comes down and leaves about an inch or zero of a lift. So buically what happens is instead of driving up over a four inch depth of curb walk they wiU go over one inch or no inch. it is a lot more gradual. It elevates the jar you feel as you are driving inll> your driveway. We get into the situation where we have the Utili ty Program to replace concme that is in poor condition and we explain this to the people . Bui we do work with the people and explain that if 50% of the driveway is in bad condition we will go ahead and replace ii all and give you the depressed cwt, cut Fortun11ely. he advised, we have preay good people ou1 in the field and they will even take that to the next •ep and they will look at the remaining portion and if it looks like it will go bad in two or three years, even though it doesn~ meet this year's test. they will still go ahead and replace it. He explained that we have not received any complainU on it. so we feel thal is the way to continue lo handle that situation, but we wanted to run ii by Council and make sure ii meets wilh Coun cil 's approval . Mayor Bums commented that if it i111, broke , don~ fix it . Di.rector Ross explained that OIUlite coocmc is a little different aory and we take a hands off approach to that We basically give the ~ the imne of our conaactor and phone nwnber and they can conlaet them and try to schedule their wort . Typic:ally our concrete COlllnlctor is a little more expensive than a lot of the people who do this kind of wort. He noted that it IIICDII that everybody has a brother-in-law or a uncle , or • friend of a friend who has• couple of finishing tools and • pick-up truck and instead going through our conllllCtor. Director Ross noted that what we have in the ccooomy today is, lhelc people, when they are working on this pogram, their finishing aew is scheduled for two other jobs as soon as they finish this job. So they are really not too approachable in today's ccooomy to do that kind of wort. Basically , he advised, we just facilitale them, give them a name and number of who to contact and if they have an y luck fine , if they don'I they can have a brother-in-law or some friend of a friend . We don, really want to go any farther . he said . Obviously you get into situations where this wort is done to our specifications ... it is well defined ... you have to do things exactly according to our specifications and standards, and once you deviate and gel off the public way ... some people like a swirl finish , some like a broom finish ... they have different ideas and different expectations and it is a little difficult for us to enforce this persons expectations and what they want It is better that they enforce their expectations and they enter into a contract with a contractor . Council Member Waggoner said it would sure help if you would give that contractor a little nudge and say we would appreciate it if you would wort with these people . Mr. Ross swcd we could certainly do that . The nudge pan is kind of difficult, it is kind of a tough spec to write when you say thou shalt. because when you start putting those mandates in there, then unfortwlately if they really don't want to do that they might price it in a way that is not very favorable . We can a:r1ainly indicalc on our specs that we will expect the people who bid our wort to do this, but it won't be any cheaper, but we can at least give them a beads up when they bid . Di.rector Ross asked Council Member Waggoner if be had any ideas as to how we can do this . Mr. Waggoner said no , but it seems like it would be easier once the dump truck is out there and they have machinery out there , to go ahead and remove the other concme at the same time . Di.rector Ross noted that be used to be in the construction business and the times were a lot leaner when he was doing it. When we were approached by people, when we were out in the field, we gave them a break, because there was no point in clwging this person mobilimtion fees, when I was already charging that 10 .. ' . ) I • 0 .]- • • / Eastewood City C-11 s .. 21,1999 ..... .. · ... .. . ' .. • • .. • •• ' the City, be aid. So thole are the kinda of things you can do to keep crews busy. But in today's times they are not trying to keep their crews busy, they are just trying to get them to the next job. So, Mayor Bums said. there is no c:bange recommended . Director Ross staled there is no change reaJIDIDCDded Mayor Bumi thanked Direc:tor Ross . 14 . City Anlney'1 ~ (a) City Attorney BnJCzmlD noted Council Im in their packet a complaint from Jerry Nestler and Pamela Dcwa and be requelled dllll Hall and Evam defend III in Ibis lllllter. He said be wanted to do one dilclclale. He adviNd dllll prior to being inboUle CIOWllel be did repraeal Jerry Nestler, in some privalc acCioas. be doesn't cum:ndy, but be did peviously and wa.-ed Council to be aware of that . Mr. BrolZDml llalcd tbal really bas nothing to do with wby we are cbooling Hall and Ewns to defend this. it is more just time coaaunp«ion Mayor Bums noted this ii a quiet title action. City AUomey BrolZIDID said 1h11 is correct. He explained that this is actually over the City ditch, this is our City ditch riglll-u-way, 111 obviously we are going to defend it, to nm to defend it COUNCU. MEMIIUl 81lADSBAW MOVED, AND IT WAS S&CONDID, TO ALLOW BALL AND EVANS TO DEn:ND TIU QUIET 1Tl1.E ACTION m.&D IIY BUY NESTI..IR AND PAMELA DEVON. A)'CS : Nays : Ablent: Molioa canied. 15 . Mjlar-..c Council Members Gama. Bmdllaw, Habeaicbl, Waggoner, Grazulis. Bumi None Council Member Nlbbolz COUNCU. MEM81R 8RADSBAW MOVED TO AD.IOUaN . 'Ilic meelillg adjoumcd at 8 :57 p.m . ~t!{JL, .. ,• • .• ) I . 0 32X ·] ,. I I • • 1. 2. 3. .. ~ ,,.-. • '· , .. • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JUNE 21, 1999 Call to order. '7; 3f r- lnvocation. ~ Pledge of Allegiance. ~ 7:30 P.M. .. 4. Roll Call. & -/ {,+~t: A/IIBHolz=.:) 5. Minutes. tl.fPd fl -0 a. Minutes from the Regular City Council meeting of June 7, 1999~/Ju-- 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) a. Community Relations Officer Nancy Peterson will be present to address Counc il regarding the 4111 of July Family Festival and Fireworks . b . Ahmad Fazel from the Regional Transportation District and Larry Warner and Jim Bumanglag from the Colorado Department of Transportation will be present to address Council regarding the RTD maintenance facility proposed for the General Iron Works vicinity . c . Les Jenkins from the Englewood Historical Society will be present to address Council regarding the Englewood Depot. 7. Non-Scheduled Visitors . (Please limit your presentation to five minutes .) ~ (L. G!r!LV /(OLA<!.£L -1'~#16, t#lffl.UA4tJJT /"~8££.N IW/JAIO 'a(pU(Sf/ 8. Communications, Proclamations , and Appointments. a. Letter from Robert E. Powell indicati~ ... his ~es~nation from the Englewood Downtown Development Authority . IS~ PINN note: If you have a dlNblllty and nNd auxlllary aids or urvlcea, pie ... notify the City of Englewood (303-712-2405) at !eat 41 hourS In aclvanc:e of when urvtces are needed. Thank you. ----- • ·, .. I . 0 .. • . ]-.. ,,, .. • • ..... .. • •• ... .. Englewood City Council Agenda June 21, 1999 Page2 9 . Public Hearing . (None scheduled) Jr 10. Consent Agenda . a . Approval of Ordinances on First Reading . .tr /j~ fl _0 ~v:,:J(!tltJs Second ReaJo~ / '(-i / -rrv M ,J ../{-_ 2 J._ i. Council Bill No. 36 cepting an Enterprise Zone Marketing and f/ U{ rJ Administration Grant. ii. Council Bill No. 39, placing a question on the November ballot regarding Liquor Occupation taxes . c . Resolutions and Motions. fr 11 . Regular Agenda . a . Approval of Ordinances on First Reading . i. ii. iii. Council Bill No. 40 -Recommendation from the Department of Financ ial Services to approve a bill for an ordinance adopting the City of Englewood Non-Emergency Retirement Plan Document. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services.~ Council Bill No. 41 -Recommendation from the Department of Ne ighborhood and Business Development to adopt a bill for an ord inance vacating 16 feet of an unused right-of-way for West Jefferson Avenue impr~~me~ts . .,STAFF SOURCE: m1~ .. -,9»},?~,~ A}~t) /7 ~ Council Bill No. 42 -Recommendation from the Department of Safety .. Services to adopt a bill for an ordinance pertain ing to Solid Fuel Burnl9iJ • , Devices. STAFF SOURCE : Lance Smith, Chief Building Offlclal.m ~ b . C. Approval of Ordinances on Second Reading . Reso~s and Motions . APP'D ~ ff 12. General Discussion. APP'D 6-0 a . Mayor's Choice. b. Council Members' Choice . APP'D~ WAGGONER MOVED TO APPROVE $28.00 PLUS WHATEVER ELSE IS NEEDED TO SE ND BURNS , GRAZULIS, HABENICHT & NABHOLZ TO CML CONFERENCE ('WHATEVER ELSE· INCLUDES THE AMOUNTS LISTED IN THE MEMOS) BURNS MOVED TO APPROVE $6 ,000 FOR THE EXPENDITURE FOR THE JULY 4"'CELEBRATION (THEY INCREASED THE CONTRIBUTION BY $500, FROM $5 ,500 TO $6,000} GARRETT MOVED TO ALLOW THE ENGLEWOOD HISTORICAL SOCIETY TO USE EXISTING WATER TAP CREDIT FOR A TAP AT THE DEPOT, TO TAP INTO THE NEW LINE INSTALLED BY THE PARKS ANO RECREATION DEPARTMENT P ..... nol9: If you haw a dlublllty and IINd auxiliary aids or MMCM, pleue notify the City of Englewood (303-782-2405) at leat 48 houra In advance of when urvlcea ar. needed. Thank you. ., '· ... • I I • 0 32 .>< - Englewood City Council Agenda June 21, 1999 Page3 13. City Manager's Report . . ' ~if. .. "' ...... a. Cir,Ger1ter E. ,glenood l:Jpdate. 14. City Attorney's Report. ... < " .. • • •• .... llbbi / _ a Request for a motion to allow Hall and Evans t9 defe~d the quiet title action filed by 7r .. IP -0 · Jeny Nestler and Pamela Devon . P/1.tJ..J,~ Adjoumi&-J[r- The following minutes were transmitted to City Council between 6/4/99 -6/17/99 : • Englewood Public Library Board meeting of May 1 1, 1999 .. PINN note: It you haw a dlaablllty and IINd auxiliary alda or Nl'YfcN, plNN notify the City of Englewood (303-712-2405) at IN8t 41 hcua In advance of when NrV1cN.,. nNded. Thank you. .. . .,,.. . '· ... ) I· 0 • • • .. ~ --• , .... • -.. ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Session JUNE 7, 199'.I I. Call to Order The regular meeting of the Englewood City Council was called to order b~ Mayor Bums at 7:41 p. m. 2. Invocation TIie invcx:ation was given by Council Member Nabhol z. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call .... Sa Present: Council Members Nabho lt.. Gr:uul1s . Garrell Bradshaw. Habenicht . Waggoner. Bums Absent A quorum was present. Also present : 5. Minutes None City Manager Scars City Attorney Brotzman Deputy City Clerk Castle Planner Langon. Ncigl1borhood and Bustne s Dcvelopmelll Director G~·glewicz . Financial Sci"\ 1 cs .. (a) Council Member Bradshaw advised t.h.1t there should be a co rrection to tl1c minut es of Ma~ I 1999. She said. on page 13 . the name should be spe ll ed "Guese" ra ther than Gwse COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE, AS AMENDED , THE MINUTES OF THE REGULAR MEETING OF MAY 17, 1999 . Ayes: Council Members Nabholz. Bradshaw. Ha benichL Waggoner. Grazulis. Bums Nays: None Abstain: Council Member Garrett TIie motion carried. [Clerk's note : Council Member Garrett was absent from the meeting of May 17 . 1999 J 6 . Scheduled Visiton (a) Richard Edsall, 329S South Franklin Street, addressed Council regarding Code Enforcement issues. He said be appreciated the time this evening. and we will see if Council says the same tl1ing when he gC1S lbrough. Boy, do we have a great countty or what. he asked. We have a president that lies. cheats on his wife. lies to panel juries, bolds himself up as an example. and then we wonder why kids shoot each other. Then we come • .. I • 0 • • • .• r----------~----------- Englewood C ity Council June 7. 1999 Page 2 • • - down to the state level. and have we got a great state or what . he asked. A governor we elected three times . and we find out he is as big a liar as the president and he has his little girlfriend off in the comer. too. and then he goes out and preaches to high school kids about honorable. and being honest. And then I think. gee . I've got my little comer up in eastern Englewood. he said. and man 's home is his castle. He should be able to go in there and close the doors. and that 's mine. I'm safe there from all the idiocy in the world . Wrong. he said. We used to be able to do that here in Englewood. Mr. Edsall said he has lived in this city twenty-eight years. and allowed tha t some of Council has lived here lots longer. I did a lot of looking when I moved to Colorado. and asked a lot of questions. he said. where is the best place to live . I was told several times Englewood . Englc.,.ood is a nic e little town . It is land locked. will never get any bigger. it is a blue collar town . probabl y alwa~ swill be. a good little town . Onl y one problem. the police force , but you can get along witl1 tliat and I did. I moved here and bought a home. the same place that I live now. he said. And tilings went preu:y good. m~ kids went tl1rougl1 higl1 school. tl1ey all graduated from here. and I tl1ougl11 tilings were going pretty good until about a year ago And tl1en I find o ut sometlung ne\\. the ECE unit. the Englewood Code Enforcement. Now I don ·t know ho\\ many of ~ou have had them nng your doorbell . he said. but I have. It started a bout a year ago. A unifonned offi cer. and I shook my head a co uple of times and I wasn 't sure whether it was tl1e KGB or tl1c Gestapo calkrng co me Mr Edsall s.1i d lu s home "as no longer acccpcable to tl1e conununicy . TI1ey were getting coo many compl ai nts on me. he said. What · "rong' What 's going on'! TI1e y don 't like tl1c cars I keep setting in fronc of m~ home . tl1c~ don 'c hkc ch e trash I keep 111 them . Trash. put quotes around that. I had two spare circ s in chc ba ck of 111) pi ckup . but 1IL1I 1s tra h. b ut I get a ticket on my vehicle for it. Another vehicle. I had a jack and a case of oil 111 the front seal. and I happened co ha, c. some carpet tliat we are culling up to put in the floorbo a rd in che back seac I go c a 11 c ke1 fo r tra lun g 111) ,ch, le. he said . Then. they reall y got down lo business. Chey didn ·c likc an,1h111g abouc 111) ~ard . 1J1c, d1d11 ·1 like the \\J ) I ha d trash laying in it they did not like my wood piles. tl1e~ did not like 111) bee hi,es. tl1 e~ did noc hkc a n~1t11 ng . he said. And they did not particularly care whccher I liked 11 or noc. I had to s nic ke r \\ilh ~our mec 1111g back here "hen I heard the officer s.1y we·11 get more ad:unant tomorro". They need a Dale Carneg ie co ur se But I pla~cd the lmJc game last year. I went to tl1c hearin g. I did not think I \\aS going to get a fair hearin g \\hen I \\e nl 1111 0 tl1 e offi c right back here and talked co tlt c young lady. and she assured me tl\Jt I \\o uld . She was tlte one tli:u \\a •0 111g co have the hearing, and when I goc chrough 11\J ve co admit tl1a1 I had a daughcer of Solomon . because s he h s1cned co what I had co say. And do you know she tl1rcw oul a bouc ninety-fi ve perce nt of" ha c the~ had puc down She finall~ asked these people what they call crash . You might oughc 10 read your code and lcam. lfclus \\3 JU t me . ii \\Ou ld be alright. he said. we sen led ic and tl1ey never bochcred me agai n last yea r. But I mo" la\\ ns fo r el derl~ people . an d I went up to one of my customers and she \\as pr.icc ical l~ in ccars . Mr. Edsall said he reall~ goc mad 1J1en . "hen he found out why . She has a chain link fence across Che back of her lot and a slope nms fr o m th e cli:1in li nk fence down to the alley . She was very proud of a crop of rhubarb a nd the Code Enforcement . o ur Gescapo wuc. ord e red herto get that out of there. ic was interfering with traffi c It probabl y had11 ·1 been there more th a n l\\en~-fi,·c )Ca r . and I helped take care of it and keep it clc:u1. :u1d ic wa s neat. he assencd. But th at eldcrl) woma n goc o ut th ere :u1d cleaned it out herself. ;md cha t is a bouc as as inine a tiling as a nythin g llL11 says Chey arc sc l'\·ice 10 ch e co mmunil) could do. Needless to say. I ;un scill pee\'ed about ic. Evcl)1hing \\Cllt fin e. I 1J1ou ght. uncil about tluee o r fo ur weeks ago. and I get that knock on the door. and here \IC go again TI1e same issues. tl1c same k111d s of issues. Last yea r they told me I've goc 10 ha ve an~1hing oucsidc co,crcd up. including my \\Ood pile. and I vc l)· dutifull~ bo ught a bunch of scupid . cheap. tarps. and I covered e, Cl)1hing up . he said . Mr Edsall said lli s yard looked like hell. buc tl1a1 is wl\JI we've gol for Code Enforcement a nd 1J1c n 11 st:u1 cd again. I choughc at first Chae I would go through ch c hearing, I'll play the stupid g.1me. and then I s."lid no . we arc going to go :u1otl1er way . I called Safety Se l'\·iccs. I got senc to a person . and I got pacified. and then I ended up witl1 1J1c head of Safely Services. :u1d I got pacified so me more. they thought But I am not very happy. he said. I :un damned unha ppy. I would c hallenge an y of you. he s.."lid. to drive by my yard, at 3295 Soutlt Franklin Street. thac is at chc comer of Fmnklin :uld Floyd. you arc welcome co do it. I liave not got tl1e prettiest yard in tl1c world. he allowed. and don ·t claim to. but mine is as nice looking as anybody's. and as well kept as anybody 's. But ic is my property . he staled. and I use it. I use it the wa y I wane. but they have thac proverbial excuse tl~1t tl1e y have complaints. My neighbors arc complai,ling. You know. he said. I had tl\J1 happen about a year ago. before tltis other st:u1ed . I l~1d chis trL111 who would drive by in che evening. and I would be out in my yard working, and he would honk and holler. Finally one evening I got him to stop and asked him what was going on. wliat is your problem? He said you are decreasing the value of my home. and I asked him where he li ved. He took off. but fonw1atel y. I was able to gee lus tag nwnber, and was able to find out tl\Jt he lived about six or eighl blocks on cast of me. Mr . Eds.111 s."lid he would hardly call llim a neighbor. He had purchased tl\Jt .. ) I ., • 0 ·----------------------------------------·----- • Englewood C u~ oun ii June 7. 1999 Page 3 ,. .,,. . - home and recondilJoned 11 . he had purchased 11 from an clderl1 person "ho had to mo, e because her taxe got so high s he could no t afford to li,c tl1ere ai11 more ai,d she left . He bought tl1e house. reconduioned 11 a nd wanted to sell 11. and I tltink tli11 's g reat. he said. that is free en terprise and I am a ll for it. But don 't go ho ll enn g a t me tl ta t I decreased tl1c val ue o f 11. be a use "hen I mc rcasc tlie , alue of Ill) pro pcn~. tJ,e taxes go up As I a pproach retirement age. it means I can afford less and less of these stupid taxes I ha, e looked :md I lrn e watc hed the c u, govenunent very closely. he said. 1101 tlus pan . I am talkmg about the sen ,ccs you pro, ,de Most c 111es \\Ould lo,c to be able to send mo policemen o n a11y ca ll. The) generally put tl1em m o ne car. No " Englewood seems 10 ha \'e enough resources. tli:11 not o nl y can \\C send mo policemen. \\C can send tl1em m separate cars. :md sometimes th ree and four. In one area of to\\n this aftemoon. there "e re at least tltrcc there, he s:ud. ,.,th one per o n to a car 11.111 fine . I tl1ink we have one of the finest police fo rces 111 this area. I do11 ·1111c:m to ho ncli:u ,ge those o ffi ce rs . he said They arc doing an excellent job. Mr. Edsall said he \\as cspectall) pleased to learn tlL11 our S\ AT team \\Cnt lo Columbine. But tJ,c) a rc getting caught up in somctlung. he said. LIL1t ,s not of tl1c1r 1mkmg. and I :un talk mg about tJ,c field officers. no t the lucrarchy. I got posted a pubhc nui s:mce ag.1 111. "uh a nng on m~ d oorbell I go 10 1J1 e door. and not onl~ do I ha\'C a code enforcement officer. I h;I\ e a poh e officer standing the re. "uh lu s 1.11,d o n lus gun. and th e~ stan \H1t111 g 11 up :md going to pos t ti . And that 1s fi11c . 1f 1.ha t ,s tJ,c game \\C a rc go 111 g to pl.1~. he said. 11,cn I got to talkrn g to t.hc polic e officer and I tlunk he fo und 011 1 I \\as 11 ·1 q111te the lugh ri s k rnmn.,I he \\:IS se nt o ut there for o " before that. I had ha d a police officer o ut there TI ,c head of 1hc code e n forc ement 111111. along "1th the ode enforcc mem o ffi ce r. and that '"'s a ho rrible "a tc of re o urccs 1'o" "ha t .,re "e go 111 • to do about 11 . he asked I don 't kn o" I \\Clll to the ad, 1sor)· c ommittee meet mg la t 1car. e,c l"\ bod, sa, s go to the ad\'t SOI"\ commlltce meeuug. I \\Cnt last ~ca r. No " I d o 11 ·1 kn o" a 10 1 about ad ,1 sor) 0 111111111cc s. "o n ·1 l:um 10 IL1ppe111 0 ha,c a d cgrc.: 111 agn c ultural cduc:111on. aud I do11 ·1 s uppo c I ha d mo re th .111 three o r fou r co urse s III m, undcrgr:1du.1te \\Ork about ho " 10 organize a nd use ad, ,sor) co mm111 ces When I "ent 10 \\Ork on 111 ~ Ph I) a t O hi o lat e . I probabl.v did not get mo re 1lc111 three mo re courses. he aid. Wl,en I ca m e 10 Co lo rad o . o ne o f 111, as 1g ncd fun u ons \\Ith tJ,c 1.11 c Board for Voca11oml Education \\:IS to be the fun 11 0 111ng taff fo r th e tatc Ad,, OJ"\ Coun 11 for oc.111onal Edu ca11on . ai,d I \\atchcd them fun c uon I kn o" "ha t a good o ne ,s. I k no" "hat a bad o ne 1s. he sa id TI1at 111 ght. I left shakmg tn) head. he s:ud I got told later th:11 it 1s ad, 1SO I"\. but "e use it fo r poh 0 making and go,cnnng One o f )Our lu e rarc h) here told me tl~u. he s:ud 11,c rc ,s o nl) o ne go,crn,n g boa rd for an) co mm,nce 111 tl1i Cll). he s.11d. :md 11 1s nght here. 11 can not be :Ill) thmg else At that mee11ng t.lL1t m g ht. 1hc1 had to \\:Ill to ge t a quonun.10 get fifteen people th e re . Half of those people "ere staff. he stat ed. (II) sta ff No" no good ad, ,sol"\ o m111111 cc 1.i an~ taff on •L 11 ,s made up of member of the co m111u111t) and reprcsc nt all\ c o f the co,nmumt~ b) c g mcnt. perhaps ho mem,ne rs. rc111ers . bus mcss peo pl e. and hkc that TI,e, can no t get them to omc. ai,d 111 s no \\On der. he s:11d T lt1 1 e ,e 11111 g. I ·11 there fo r about m o ho urs :md I" ill gu:1ra11 1cc ~o u c11!lll\ perce nt of the talking \\:IS d o ne b~ tlcll srnff TI,erc \\:I S no ad\lcc passed o n. 11 ""s a st., ked co11 1111111 ce . a nd \\C ltwe tJ,c fo .x \\a tc hmg the he n ho use Yon l~I\C a problem . peo ple. he ,:11d We elected ~0 11 a Cow1 c1l 111 e mber ai1d I do 11 0 1 kno\\ man~ of~ou. I kno " a co uple of~ou c a111e o n for \Cl"\ spec1fi re ,, 0 11 . he s:ud. a couple o f)OU came on witJ1 irons to bum. as m s:,dcrs. and I tl1111k that I great. he ·ud. f\1r Edsall asked Coun c il 10 reme m be r tlmt tJ,cre is much more c m s:1ding to be done tl~m 111 st their smglc 1s uc If 1 0 11 keep on '"th "hat, ou a rc do111g witl1 code enforcement. he said. ~ ou arc gorn g to min one hell o f a good police dcpa nmcn t I do not knO\\ "hose idea it was to put tl1 ose code peo ple in tuuform. but 11~11 is bes ide the pomt. I kno " a fc" ) ca rs ba k . he re a!led . "e had tltree people in tkll unit. and the~ were good people. 1J1 e1 unders tood h11111an relations The) sto pped a t 111, house more tl1an one time. ai,d said. Rich:trd. } ou need to c ut the bnish fro m around tl,e stop s ig n o ut he re And they did it in such a way that I did not feel put on. he said. ai,d he sure c!Jd not feel threatened or put d o" n I "ill guarnmec you. he assened. in 1J1e last two ~cars. that has not been the case. Yo u ha,e bac ked me 11110 a com er. he said. The immediate conclusion I draw is that tJ,is cuy has too much monc~ 1f \\e ca n put 11.11 111:111, , cluclcs o n th e street. ifwe can li1ve this much hierarchy. we ought to have the best p:ud underlings III th e state . and "e d c,n 't. o we have a misadjustmcnt of salaries. After that advisory committee. I pa ssed the \\Ord . he s:nd. to tell ~1r C u~ Manager that I do not want to live in Greenwood Village. I want to li\'C in Eng le"ood . that is "h' I mm c d he re Mayor Bums asked Mr. Edsall to wrap up. since U1erc was a ten-minute limit . Mr. Edsall said he had gone on too long, but asked if they could see that he has a bone to pick. There was a gu) in Connecticut last month who had a real interesting solution. You may ha\'c heard about tltis doctor who bought a home ne,ct to the school, he said. When they started working on tJ1e school parking lot. he let his son and some 0 1 her .. I • • • -• ,. Englewood City Council June 7. 1999 Page4 .. ~ ,,--· . • ... • -.. kids park in it, and the neighbors all hollered. He gave it to a homeless person and she immediatel y moved in with about fifteen or twenty of her friends . I think he will h,l\'e the last laugh . he said. My wife says let's get out of Englewood. after twenty-eight years. she says let· s get the hell out of this town . lliat is sad . he said. I talked to a ninety year old friend who has lived in this city fift y -four yea rs. and I asked him if he would come wi th me . He said I wish I could. Will you sign a petition? No way . they "ill come and do to me what they arc doing 10 you. and that is sad. he said. Mr. Edsall said he grew up in Oklahoma 'l\ith the Indians. I always ~ to ,omc up with creative solutions to problems. and if you are going to take my home away from me. I am going to give it away. he said. but I am going to give it to an Indian tribe. Now . I don't know whetl1cr )OU people have ever dealt "i tl1 trust territories or not, but talk to people down at Cortez. talk to tl1e people al Ignacio and Durango . If it is a trust territory . yo ur laws do not apply, the tribal laws apply. and I tl1ink I could have the last laugh if I help tl1em de ci de what to do with tliat corner at 3295 . Wouldn ·1 it be fun to have a casino there? No" that is what you arc backing me into. people. yo u are making me a Doug Bruce fan. and if that is what you want 11~,1 is "hat you are going to get. he said. He said he would be glad to talk to any of them at any time . He said to call him at JO" -78 1-5834 . but do not wait long. 7. Non-scheduled Visiton (a) Mayor Bums said tl1ere arc a couple of non-scheduled ns11ors . and Ci t) M;magcr Scars is goi ng to help with the lead-in on this. We have Mark Shotkoski from Caner and Burgess. and Don Leid~ of Maint enan ce Design Group. he said. on tl1c Southeast Corridor. and arc uwohed \\,th the potcn11al dc,clopment of th e General Iron Works site as a maintenance facility for RTD . City Mariager Sears advised tliat a letter was passed out to Cit) Council tlu s c, cn111g that \\JS re cc 1, ed b) staff on Friday at 11 :30 a .m. regarding a desig n group for tl1e Gener.ii Iron Wo rk s de, elopmcnt Ma rk Gr.1hanL Mik e Flahen~ and Mr. Scars attended tl1e mee ting this morning There \\as a rcprcscntall\ c fr om Den, er there. a lso. he said . and there were representatives from RTD . and also Caner and Burge s Mr Scars sa,d he made it clear tlu s morning that the City Council has not made a deci sio n regardm g the futur e o f the General Iron ite. even though there was a meeting held earlier tllis year witl1 rcprcsent:111,e s from RTD We \\Crc all shocked about the e ~tcnt of this workshop happcrling during tllis week . and exact!) "ho the rcprcscntatl\CS \\Cre that needed to be tl1 c rc I hm e gone ahead and comrrlittcd our staff to be at the sessions . he advised. add mg that he "Ill be anendmg se, cral of th e sessions. He said he knows that tllis is in preparation for the proposed June 23 "' pubh mce11 ng re gardin g the facility . Mr . Sears said he asked Mr. Shotkoski and t.tr Leid~ to co me to the Cn~ Cou nctl 111ec1111g tonight He sa ,d he felt that. rather than just reponing on what l~1ppcncd today . the full dis ussmn \\llh the Cot) Connell \\Ould be beneficial as to wliat tl1e plans are . what the de si res ofRTD regarding tlus mruntcnancc fa c1l1t) arc and \\l~tt t11e schedule is, so tl1ere can be some input as to "here the future of the General Iron ne need s 10 go He said he appreciates both gentlemen coming this evening at a mome nt 's no11 cc . Mr. Shotkoski thanked City Manager Scars. Mayor Bums and Council He said he was \\ith Ca ner and Burgess. and was representing tl1e Southeast Corridor project toni ght As yo u kno" from pre vious meetings . he s.lid . pan of the Southeast Corridor is to loc ate a maintenance ;md storage facility for the light rail \'Chicles . Cooncil Member Bradsl~1w said tllis is southwest. Mayor Bums said tl1e facility is not just for the so uthwest. it is also for southeast Ms . Bradshaw said tl1en it is for cver)•body. Mayor Burns said Caner and Burgess did the major investment study for the Soutl1cast Corridor. Mr. Shotkoski said U1is is an all-encompassing facility . Ms . Bradshaw said. if there would be a southeast line . the maintenance would take place at tl1is facility . !\Ir. Shotkoski sai d tlk1l is correct. Mayor Bums commented tliat RTD l~1s always spoken about it tl1at way . Mr. Leidy apologized for any inconveniences or concerns . This is a good example of good 1ntcnt1011s go ne bad . he said . Last week when we \\ere having discussions about doing an in-house \\Ork session to do a rough test fit of Ilic conceptual facility on tl1e preferred site. and Mr . Shotkoski will get into that a little bit down U1e road. somebody asked if it would be rlice to have somebody there from the Cit y of Englewood . We said that our fonnat allows tliat Our fonnat is such tl1.1t we l1.1vc review meetings ever)' morning from 10 :00 10 12 :00 th:11 could be open to . not only the users. who t11e origi~,I design session was intended for. because we arc trying to nail down the shape of the building. not necessarily the whole layout of the site. but it also allows people from Ilic City of Englewood to . ... ) I • 0 • • • Englewood City Cot111C1l June 7. 19 99 Page 3 ' } : .. ~ _,,.. . • • -' home and recondilioned ii. he had purchased 11 from an elderly person "ho had to move because her ta.xes go l so high she could not afford 10 live there anymore and she left . He bought the house . reconditioned it and wamed to sell it. and I think thal ' s grc.:tt. he said. thal is free enterprise and I am all for it. But don · 1 go hollering ;11 me that I decreased the value of it because when I increase the value of my property. the taxes go up . As I approach retirement age. it means I can afford less and less of 1hesc stupid taxes. I ha,e looked and I ha\'e wat ched the cit) govcnunent very closel y. he said. not this part . I am lalking a bout the scr>·1ccs you pro\'idc. Most ci ties would Io,·c to be able to send two policemen on any call. They generally put them m one car. No" Englewood seems 10 ha ve enough resources. that not onl y can we send 1wo policemen. we can send them in separate cars. and sometimes three and four. In one area of iown this afternoon . there were at least three there . he said . "ith one person 10 a car That is fine . I think we have one of the finest police forces in this area. I don 't mean to sho nch.1n gc those officers. he said. They are doing an excellent job. Mr. Edsall said he was especially pleased to learn that our SWAT team wem to Columbine. But they are getting caught up in something. he said. that is not of their making. and I am lalking abo ut the field officers. not the hierarchy . I got posted a publi c nuisance ag.1in. "itlt a rin g on m~ doorbell . I go 10 the door. and not only do I ha ve a code enforcement offi cer. I ha\'c a poli ce officer standing there. with hi s hand on lu s gw1. and they start wri1ing it up :md going to posl ii. And th:11 is fine . if tl.11 is tlt e game \IC a rc !\Di ng to pl a). he said . llten I got lo talking lo tl1c police officer and I tl1ink he found 0111 I wasn ·t qt11tc 1he !ugh n sk cnm,ml he wa s sent oul there for . Now before that. I had I.,d a police officer oul tl1crc l11e head of the code cnforcc mcn1 unil. along with tlte code enforccmclll o ffi cer. a nd 1ha1 was a horrible was1c of re so urces Nm, \Iha! arc \I C go in g 10 do about it. he asked . I don '1 kno" I wclll 10 the ad\'iso ry commi tt ee mcc 1i ng bst )~ar. e ,e ~body sa )s go 10 1h c ad\'isory committee mc ct mg. I \\Clll last )Car. No \\ I do n 't kno\\ a 101 abo ul :td\'i so ~· co mm,nccs . woi1 ·1 cla un 10 happen to have a degree in agri cuhural education. a nd I don ·, suppose I had more lh :m three or fo ur courses mm, undergraduate work aboul how 10 organize and use ad"iso~ c omminccs When I \\Cllt to \\Ork on Ill) Ph D al O hJO State. I probabl. did not get more tkm three more courses. he sud. When I came 10 Colorado. one of 111, assig ned functions wi1h the Slate Board for Voca1ional Educa1ion nas to be the fun c11011ing s1arr fo r the S1a 1e Adnso~ Council for Vocational Education . and I na1 c hed tl1em func1ion. I knon "hat a good o ne is. I lm ow what a bad one is. he said. That night . I left shaking my head . he said . I gol 1old later tl.11 it is ad,·i so~. but we use it for policy making and governing. One of yo ur hierarchy here told me tl1,1t. he said. l11crc is only one go, eming board for :my committee in this city. he s.1id. and it is rigl1t here . it can not be anyth ing else . At tl.11 meeti ng tl1a111igh1. they had to wait to get a quorum. 10 get fifteen people there . Ha lf of those peopl e \\Cre staff. he stat ed. Cit y staff. Now . no good advisory committee I.,s any staff on it ii is made up of members of 1hc co mmunit, a nd rcprcse nlati\'CS of the community by segment. perhaps homcon nc rs . re111ers. business people. an d hkc tJ1 a1 l11ey can not get tl1cm 10 come, and it is no wond e r. he said. lll:lt c,e 11111g. I s:u there fo r aboul l\\O hou,s and I \\ill guar.uucc you eight} percem of the talking was done b~ thal staff. ll1cre \l as no advi ce passed on. it wa s a sta cked co mmitt ee. and we have tlte fox wa1ching tl1 e hen house . You I.1,c a pro blem . people . he s:ud We elected ,ou as Council membe rs and I do not know 111:m) of)Ou. I Im o" a couple of)ou ca me on for ,c~ specific reaso ns . he said. a coupl e of)ou came on witlt irons to burn. as cru s.1dcrs. a nd I think 1hat is great. he s:11d. Mr Eds.ill asked Counci l 10 remember that there is much more crusading to be done 11.,11 just their single issue . If} ou keep on with wl.11 you arc doin g with code enforcement. he s:1id . you arc going to ru in one hell of a good police department. I do not know whose idea it was to put tl1o sc code people in wtifonn. but 11.,1 is beside tl1c poilll . I know a few years back . he recalled. \I C had three people in thal w1it . and lhey were good peo ple . tl1cy undcrslood human relat ions . lltC) sto pped at Ill) house more tl1,1n one time. :111d s:1id. Richard. you need lo cut the brush from arow1d tltc stop s ign out here . And they did it in such a way that I did not feel put on. he said. and he sure did not feel threa1cned or put do" n. I will guarantee yo u. he assencd. in tl1c last lwo }Cars. tl.11 has 1101 been 1!1c case . You have backed me 11110 a co mer. he said . lltc immediate conclusion I draw is that this city ha s too mu ch money if we can pul thal m:my ,·chicles on the street . ifwe can have thi s much hie rarchy. we ought 10 ha ve the best paid underlings in th e stale . and \\e dc,11 ·1. So we have a misadjustmcnt of sa lancs . After that ad\'iso ry committee. I pa ssed 1hc \\Ord . he s:1id . to 1ell Mr City M:magcr tlt.11 I do not want 10 li\'c in Greenwood Village . I \\anl 10 live in Englewood. tl~ll is \\h) l 1110,cd here . Mayor Bums asked Mr. Eds:111 to wrap up . since tl1crc was a ten-minule limit. Mr. Edsall said he had gone on too long. but asked if they could see that he has a bone to pick. ll1cre was a guy in Connecticut last month who had a real inlcrcsting solution. You may have heard about tltis doctor who bought a home next to lite school . he said. When they slarted working on tl1e sc hool parking lot he let ltis son and some 01her • ) I • 0 - • • Englewood City Council June 7. 1999 Page 5 l •. .• ,.; .. .. ~ -· • • - .. , . . .. ... ' participate if they would like to. Unfortunately. the way that came across. was that it was a detailed design session and that it was required that somebody be there. he said. and for thaL we apologize . It was not meant at all to come across that way, it was meant to come across as more of. since this is an issue that relates to the selected or to the preferred site for the maintenance and operations facility. that the fonnat allows that to occur. For any inconvenience along those lines. we sincerely apologize. he said . Mayor Burns said one of the inconveniences. obviously. was vinually no notice for staff to attend. Mayor Bums asked that the two gentlemen remember to treat the City with a certain amount of respect and the City Council. too . and cenainly the City Manager and his staff. Thal he said. is the concern he has with tl1e type of notice we got . Mr. Leidy explained that the reason for the late notice was. although it has been planned for three or four weeks. somebody said would it be nice to have somebody there from the City of Englewood. and we said the fonnat would allow it. and that was just last Thursday that that was raised. and so we apologize . Council Member Nabholz said she is tired of tlic blame game . She said she has spoken with Katherine Cox of Carter and Burgess who said tliat tl1e reason tlie meeting was set up on a Monday was because it was her intern · s fault . This next meeting tlmt was set up June 2"" wound up being a City staff's fault . two individuals were named . She said she found tl1at really l~'lfd to swallow. and no" we find out we arc on a schedule here . TI1is letter is dated June 2"". it was ra .... ed June 4th at 11 :38 a .m. last Friday afternoon . and our City Manager scrambled to notify us about this . I have a tendency to agree with tlie Mayor . she said. that there has been a real lack of partnership. tl1ere has been a lack of respect. and the time has come for better communication . Mayor Burns advised that the June 23"' date is right in tl1e middle of the Colorado Municipal League annwil convention in Vail, to which several of us are planning to attend. and \\Ould not be here at that time . No one checked that ouL eitl1er . . Council Member Bradshaw asked . when we met with ~ou before . at the preliminary. lct's-L'lke-a-look-:u-this meeting. and t11en . all of a sudden . this comes out tl1at it is already in pretty close to concrete . We said please meet with our residents to find out \\l~11 tlicy want . You said okay . we arc going to do that. but then it looks to me like you arc doing the conceptual design workshop before you even meet ,,~th our residents to see if the y e\'en care or if this is wl~1t they want III thcn neighborhood . Maybe I am wrong . she allowed. but that seems like it is backward . Mr. Leidy said . again. the conceptual design. in the tcnns tl1at we are using them . is just to do a test fit of a box of a building on a preferred site. and there is a lot of work that we hme to do before we meet with the neighborhood because conceptual is pre-design . it is pre-schematic . Council Member Bradshaw said 11~11 is not tl1e message tlw gets out . to us . to our sL1fT. to our citizens. When "e get in our own little cubbies. and we talk our own little jargon. tltat is where conununication bre.'lks down . Ms . Bradshaw recalled that Coimcil said please meet with our citizens to hear what they want before ru1ything l~1ppens Council Member Habenicht commented tl~11 tllis looks like it is alre.1dy a major investment. and tlmt she would have to agree with Council Member Bradshaw. TI1is docs not seem to follow through with tl1e conversation we had at our Study Session . she said. Mayor Bums said you may be interested to know there are still some members of Council who would be interested in some kind of multiple use at tllis development. tliat might include some housing. He said he understands tl1ey may not know much about tl1e llistory of this site . TI1ere was an attempt. he explained. less titan two years ago. to design something for this site of 11~11 nature and our consultants got a little bit overly ambitious and extended the site plan off this site into t11e neighborhood. Tilis resulted in a great uproar from people in the neighborhood. which impacted at the Planning and Zoning Conunission . Tiiat proposal never even got to tl1c City Council, he said, but was shelved because of the reaction to tl1e proposal . TI131 does not mean we gave up on it. and people at RTD have stated thaL if you want to develop tllis as a development for the City of Englewood . we will back off. Of course. RTD has been interested in tl1is for a 1naintenance facility for some time. he said. but tl1cy have always been willing ' . ., • ... I • 0 • • -• Englewood Ciry Council June 7. 1999 Page 6 ,. •,, ·~ .. ~ ,,-. • .. • -.. to defer to the City if we want lo do something else with it . Ma) or Bums said the last meeting Mr. Leidy and Shotkoski were al he was surprised how galvanized this thing ,-as. You were talking about ha,ing a resolution in front of City Council in July to approve. and I thought we were just going to talk. Ob\'iousl~. he said. there are various groups who are working together. and consultants and so fonh. so we ha\'e a plan how to get this thing through the Council. and do it as quickly as possible. 111:11 has taken me aback considerably. he stated. as there are other uses we arc looking at on this site. We have had a very good working relationship with RTD. and we don ·1 want to have surprises when you come forward with these things. he said. Obviously. this meeting and last. where you had all the consultants there, in other words the team ,-as formed to get this done. Mayor Bums agreed that the citizens need to be spoken to and their views obtained. He reminded them that City Council has not approved this yet. and that they need to understand that City Manager Sears asked Mr. Shotkoski and Mr. Leidy to go through tl1eir scenario and schedule. He said tl1cy had spoken today about the four alternatives tliat tl1ey narrowed it do\\ n to . and this is now the designated preferred alternative. He said he guessed that was bf}'TD . but felt it ,,ould be helpful for tl1em to talk about what tl1e steps are that they are still going through and wlrnf u, ·\ times are for how they pl :m for that to l~1ppcn Mr. Leidy said that. obviously. public participation fo r the site is parnmow11. for tins and for e,erything else tkll we are doing for the Southeast Corridor. We intended to ha\'C a publ ic meeting in tl1c middle of May. and. with our foul up. that was on a Council night . Our intentions were tl1cre . and we do want to present tl1is to the neighborhood. t11at is absolutely critical 10 our process :md 10 Ilic environmental impact statements. We need all of their comn,cnts. we need 10 consider all of their comments. as well as all of tl1c Council members · comments. What Mr. Leidy and hi s group are doing. as far as tltis box design and tl 1e agcnd.1 tl1at you see in front of you . that has been scheduled for three or four weeks. but tl1:1t lits into an overall process that is not solidifying tl1e location. Wl~1t he is domg is desigrting a facility and 111:11 facility could mo,e to another location. he said. It just so l1:1ppcns that our preferred site. based on our evaluation criteria. is Ilic former General Iron site . Council Member Bradsl1:1w asked what causes a site to be a preferred site . Mr. Shotkoski responded 111:11 pan of our criteria for evaluation was the size of it, tl1e location to the light rail main line. the current land use at that site. tl1e neighborhood impacts. the environmental issues at tl~1t site . Council Member Bradshaw asked tl1c location of the other three sites. Mr. Shotkoski said there \\3S one s ue th.11 was directly to the nonh oftltis site in Denver. Another \\as at the Gates Rubber Compan) site and the last o ne was just due south of tl1e existing Mariposa light rail facllit~. Council Member Bradsk1w inquired about tl1e lOllln g o f the other three sites. Mr. Sho1kosk1 responded that the zoning for Gates is indu strial. and the other 1\\0 have at lea t four different zonings Mr Bradsha" s.11d tkll \\Ould make it pretty complex . Ours is just zoned industnal. she said. so tktt would make 11 le ss comple.x. Ms. Bradsh:m said she is so angry right now o ver tlus "hole is s ue . She said she feels like tl1is is being januncd dO\, n our tl1roats We are elected by the people of Englewood. she said . to do "hat tl1ey want us to do . we scrl'c the c itilCn s o f Englewood. and I feel like you guys are just ja11m1ing this down my throat. Council Member Nabholz agreed. She said she called several Council members yesterday because she was upset over the call from Katl,erine Cox. Ms. Nabholz advised tl~u she represents tl1at pan of town. ll1erc lias been a lot of work on the City staff's part and tltis Council 's part. to put 111.11 neighborhood back. calm tl1em down, to reassure them tliat what we are going to do tl1ere will be to tl1e best interest of all tl1e citizens ,md tl1c least impact to that neighborhood. In tl1is paragraph. it says that it is important that the key staff. as well as representatives from COOT and the City of Englewood panicipate in tltis process to assure project goals are established and met lliat does not say to me 111:11 we are just conceptual. she s.'lid . She s.1id she is alanned and appalled. City Manager Scars asked Mr. Shotkoski and Mr. Leidy to talk about wl1:1t they pl:m to do for tl1e rest of this week . He recalled tlJat they had said tltis morrting tl1ere is some type of wrap up session. and assencd 111:11 we will have a staff member tl1ere tomorrow following up. and he is also plamting to be there. He said he feels it would be .. ) I • 0 - • • Englewood City Council June 7. 1999 Page 7 ,. .,-. • - ·• ' worthwhile if a Council member can anend. Mr. Sears said he knows they are ve~ busy. He asked what the schedule is this week. and what do they intend to do with the infonnation that comes out of the meetings. Mr. Leidy said the process for this \\Cek is for tltc sub-consultants on the Southeast Corridor team that arc associated with doing the progr.unming and planning for the maintenance facilit y to make sure that a building footpnnt c:m be established. lnat is effon not wasted. because we could pick it up and move it to another site . bt.--causc the internal functioning of that facility is what is important to the user. the efficiency and the safety and all that. Tonight. right before I left. he said. we were coming up witl1 alternative ways to situate tl1e building on tl1e existing si te . j ust lik e we could come up with alternative ways to situate it on anotl1er site if tliat were required . Also. we mll be lookm g at some of the edge treatment. as the architects in our group call it. Looking at Elati and Bates as to tl1c unp.1ct that that could have. and stan to address how that could be addressed. on tllis site or any site. because there 1s ah,a~s sensitivity to this son of operation for projects that we do pretty much all over tl1c count~. so \\e kno" that 1s a concern and an issue . Tomorrow. from 10 :00 a .111 . to 12 :00 p .m .. and we have all of our re, IC\\ sessions sci up tlu s -..eek from 10 :00 10 12 .00. we will present a conceptual block pl an of the site :md the building :rnd d1fTerc111 wai the building could be si tuated o n tl1c preferred si te . We will look at so me of th e edge trc:11111cn1. d1fTcrc111 "a' that we have addressed treaunent with maybe even retain ing some of the look of the l11 s1o n c stmc turc to hel p rcc n th e sue. which arc tl1c outside or tl1c edge treatment issues. l'vlr . Leidy said \\C al so "ant to present some bl oc ~ pl.ms 10 the user.;. once you get into tl1c site . how do people no" from their p.1.rking s pace 10 th e bu1ld111g . out to th e )ard . and things like that. So tomorrow. he said. tl1osc arc the issues \\C arc going to add ress from 10 00 10 12 no Council Member Habenicht asked if this is the kind of thing where. oh. if 1t \\as go 111 g to go here. \\Ouldn ·1 ,011 lik e it to look like tl1is . ratl1cr tlian tl1is . and you get some agreement or consensus from Englc\\ood. )CS 1f 1t ha to go there. then this is tl1e way we like it. TI1cn it is going to be rcponcd tl~u Englc"ood likes tlu I am rcall) concerned about tl~1t. TI1is sounds like ramrodding. she said. Mr. Leidy said it is not me:u1t to be that \\a) at a ll . He sai d he apologizes again for co111111g across that "a). :md \tr Sears liad tliat same concern this monling. He voiced tl1at in the meetin g. that an) comment s from the Cit, of Englewood may be misconstrued as appro\'al. and it is really not. In fact. the rcprcsentati, c from tl1 e C u~ of Del\\ er even liad some questions :md concerns tltat were voiced to . no matter\\ hat city it \\OU Id be in . these arc issue s that a group might want to consider when they are planning tlus . So . that concern \>as voiced b~ Mr. Scar s . he said. and this was by no means me:mt to indicate tl1c City of Englc\\ood e ndorses tlus proje ct. Ms. Habenicht said what he said just disturbed her. too . You arc suggesting that any c ity would have a problem with this , and so now you arc looking at a \'Cl)' small land locked cit). Tius troubles me. she said . Mr. Leidy said he hopes they did not come across that \\a) TI1c issues tlic representative from Denver mad e \\ere tliat any city that would do this would want to make sure tl1at this issue \\as addressed. It was not ti.it there \\:IS a concern about tllis facility in any panicular locmi o n. It \\:JS good mput tltll we got from your stalT. he said. as \\CII as from tl1c staff of th e City of Denver. So tl.11 is tom orro\\ from IO·oo to 12 :00. The reason we like 10 ha ,c a fix ed time for people to be there is because that is \\here a lot of 1ntcract1011 occurs. and tliat is where we can hear the concerns from all the different groups. not tl1c user.;. but any other input 1l~1t \\C might ha\'e . But we ha,c al so volunteered that. if someone can not make it and they arc interested in follo\\ing up. \\C arc tlicrc from probab l~ 7 :00 am. to 7:00 p.m. and would welcome an~one to stop in at :UI) time to re, icw where \\C arc We feel. he said . that since ninety percent of the yard is not building. it is track. that "c can address some of those site issues tomorrow. and tl1en turn Wednesday to stan focusing on t.11ung the blocks from tl1c conceptual bmlding floor pl ;m and refining those a linlc bit more . So when "e say that tllis is an area" here we could put the suppon spa es for the facility, that people know that suppon space consists of restrooms. locker rooms. showers. conference room s . meeting rooms, office storage areas. delivery areas. and tilings like that. Mr. Leidy said we will be refining \\kit "e hear on the site issues. but we arc also going to be going into a little bit more detail on the building issues Wednesday, at the meeting from 10 :00 to 12:00. Then TI1ursday . al the meeting from 10 :00 to 12 :00 . the co ncept is to go through this process of incorporating comments we hear at each meeting into a more finite conceptual phm . Again. on this one. the original intent was to liave a work session to make sure we got the block right. because that would apply to any site. he said . We would get final commems on all of the previously discussed issues at a • ~ .. ) I • 0 • • • Englewood City Council June 7. 1999 Page 8 ,~.'. . .--. • • -.. meeting Thursday. he said. so that is the week . Mr. Leidy said he thinks we reserved Friday. and he was not sure it was on the memo. in case we did not get finished or we had more comments than we thought. or there were different alternatives that they wanted us to look at. So we have the flexibility of a meeling Friday. Council Member Bradshaw said ii says here . the workshop will develop the project on the General Iron Works property in the City of Englewood . She asked if they would conceivably be having them develop the si1e in Den\'er. and whether they were going 10 hold differenl workshops 10 consider tl1ose 01her tluee si1cs . Mr. Leidy responded 1ha1. part of the effort thal Carter and Burgess wenl tll!ough 10 idenlif)' the sites was lo do a rough layoul of the !rack on the sile . The yard is the largest piece. and t11e building is tl1e smallest piece . he advised. but the building has 10 tie into the yard somehow . 1l1cy would . al thal time. be able 10 take tl1e conceptual design that we developed !his week of the building and put ii on tl1e previously de\'cloped !rack layouts of lhe 01hcr 1wo or tlliee sites. Right now. there is just a box on there tlial has no shape or fonn. so yes. ii could be adapted 10 some of the other ones . Council Member Habenichl said. so ii is being designed for 1h1s sue. mad then 11 \\all be seen ho" ii \\011ld adapl 10 01her si1es for which ii has not been designed. If ii \\ere de signed for anotlaer site. ii 11ugh1 nol tit as nicel y al this sile . fl still feels like ii is being pushed . she sa id . Mr. Leidy said tl1e reason why it is being desi gned for thas sale as because . "hen 11 \\as ranked and ralcd on a ll operation and enviroruncmal faclors . ii r.mked as lhe 1op sale . In Las Vegas. he said . we did one on 1J1c preferred si1e . altl1ough it was a bus facili1y . ratl1er tlian a rail fac1li1y . and sometlung fell tlirough on the final ncgouauon of the purchase and we ended up going to the number lwo sue. II as al\\a)S possible 1h:11 tl1e preferred sate ends up 001 always being the one tl~u gels selcc1ed. but 1ha1 is a lypical process . You al\\a~s \\anl to plan for tl1e one llL111 s your preferred site. he said . Mayor Bums asked if anyone had spoken lo 1he presenl owners of tla e silc . l'vtr . Shotkoski responded affinnali\cl~ Mayor Bums asked if !hey had indica1ed w ha1 1heir desires for 1he sile \\Ould be . adding 1ha1 they jus1 mo\'cd I here a short time ago . Mr. Sho1koski s.1id. basicall~. the onl~ discussions 1hey have had were 10 ask I hem . if we send lhem a right of enlly 10 begin cnvironme111al plL1se one mid phase lwo \\Ork on lhe sile. if 1hey \\Ould sagn off on 1ha1 and allow us onto tl1e property . We have also done lhis \\ilh se\'eral oflhc otl1er si le s. as \\ell as numerous localion s along lhe Sou1l1easl Corridor. he s.1id. 1l1a1 is jusl pan of lhe overall ennroaunenlal impacl s1a1cmc1111ha1 we ha\'e 10 go tluough . Mayor Bums asked if 1hey would be doing en\'ironmcnlal impacl analysis on several si1cs . or jusl thi s one . Mr . Shotkoski said we ha\'e done a phase one for some of 1he otl1cr siles . llaosc l~1ve come back as a fa1al flaw in tl1o se polential site loca1ions. he advised . Mayor Bums asked if all of tl1em came back willa fa1al flaws . Mr. Sho1koski said no . in several of them . Cow1cil Member Habenich1 asked if he mean! several of tl1e four . Mr. Shotkoski said one of the four had a falal flaw . Council Member Gra z ulis asked wlw indica1es a fa1al flaw . Mr. Sho1koski said a Super Fund sile. When we addressed 1hat io RTD . he co ntinued . tl1cy 1old us tl1a1 1ha1 was nol part of tl1eir in1en1 for operating a facility . e\'en though tliat is grounds for a good Brownfields project 1l1ey 1old us tl1ey preferred 1101 10 develop on a Super Fw1d site . Council Member Bmdsl.1w asked if tl.11 was tl1e Gaies sile, 10 wh ic h Mr. Shotkosk i responded that tl.11 was 1he site just soulh of Mariposa. lhc e.~isling facilil y at 6"' and Kal amatl1 . Mayor Bums asked ;:boul the sile immedia1cl y nonh of 1his one 11~,1 was menlioned before . Mr. Sho1koski s.1i d tl1ere were no environmen1al issues tl~u were as prevalcnl as the Super Fund si1e . Council Member Habenicht said he keeps referring 10 tllis as tl1e Soutl1cast Corridor project yet none of these are in the Southeast Corridor. She asked how long tl1e corridors were . Mr. Shotkoski responded 1l.1t the Sou1hwes1 Corridor is 8.7 miles . and 1hc Southeast Corridor has a fourteen mile leg down 1-25 and a five mile leg down 1-225 . Ms. Habenicht asked if tl1ey would be bringing all of tl1e vehicles t11.11 service those 01110 tllis one. Mr . Shotkoski said that is correcl. Ms. Bradshaw said plus wl.11 is already running . Mr . Shotkoski said 1ha1 is correct Ms . • ) I • 0 • Englewood City Co uncil June 7. 1999 Page 9 ) . . ·• ,. ,-. ct - Bradshaw said she docs not want lo sound like not m my back yard. a NIMBY . but if you arc talking sixteen miles versus our eight and a half. it would make more sense lo have a service facility where tl1e si .,1een miles is. Mr. Shotkoski said tl1cy have nm a study with tl1c sites and ran an operational cost estirnale as far as when yo u get the train miles and the deadhead miles is whal thev arc called. Basicalh·. when vou arc out of revenue service. and you arc just bringing the ncct back to the storage facility . and surprisingly enough. all of the sites thal we looked al were in a magnitude of less than two percent of each oilier. We looked at half a dozen sites for that. Council Member Garren asked if tl1e~· looked at any on tl1c southeast line . Mr. Shotkoski said yes. we did. Counc il Member Bradshaw said they did not make tl1c final four . Mr. Shotkoski said tliat 1s right. they had some oilier concerns. One of them uas the overall si 1.c of the facility . he said. We \\ere bounded b~ 1-25 a nd 1-225 and we did not ha\'e the appropriale room tliat we needed to store the one hw1dred vehicles . Council Member Bradsha" said then it 1s also a stornge ya rd. not jusl a mainlenance facilit y like you said before . Mr. Shotkoski s:ud ~c s . M s . Habemc ht said a storage yard for a hundred vcl11clcs . Council Member Bradsh.1 \\ said s he is just son of sick and tired o f peopk dum pin g thm g 111 Eng le\\OOd . Mayor Bums thanked the I\\O ge ntlem en for co ming. He sa id th e) had med 10 be a a nd1d as poss ible . adding th a t he feels tl1cy understand . Our staff will be ancnding some more of ~our meetings. he said. and \I C definncl~ want public input on tl1 is project. and there are so me of us" ho \\Ou ld like to loo k ,II anoth e r use fo r tl11s s it e. o r some combined use if you arc going to look al the propeny 10 the north .. perl41p Council Member Brndslia\\ said maybe half in Demer. ha lf in Eng le"ood 11.t a)or Bums s.11d he did not la10\\ \\ha t could be accommodated. but perhaps sometlung could be done He sa id he feels th e 1111pona111 tl1in g is for tlu s Council. and stafTand the c iti zens to be infonncd. not urpn scd. not ha ,c mect111 gs \I C do 1101 la10\\ about w111I the last minute . or have public meetings set "he n \I C can 1101 be there He advised tl~11 the~ s hould rc cogni te tkll tlus City Council is a pretty independent-minded group and do not hk e :m~one ~,to ng an)11un g for grant ed He sa id again that he appreciated tl1eir co ming 10111 ght. and "a s ure the) \\Ould c them aga m. (b ) Ten Dion. Cl~1ir of tl1e Greater EnglC\lood Chambe r of Co mmer e . m, 11 cd CollllCII to th e Taste of Englewood. which is coming up tl1is l11ursd:1 ) She sai d he bro ught om plunental") ti cket s Al so . J\1 s Di o n assured Council tlial. despite the loss of u s E ,ecu 11,e Dire tor. the Greater Engle\\ood C l~1111ber of Co mme rce 1s here to stay . Regardless of any rumors 10 the co ntr~. \IC arc here 10 sta). she repealed . adding tliat the C hamber is very important to tl1is con11nuni1y . :u1d tliat i1 SC f\es a ,cf) good. se ri o us purpose 11,e Taste of Engle"ood "111 be held from 5 :00 p.111. 10 7 :00 p 111 . tl11 s Tiiursday. June 10. 1999. a t the Chamlxr om cs a t Co lo ma ! Ba nk on o uth Broadway at Hampden. (c) Li e u1cnant B~ ron Wicks. EnglC\\Ood Depanment of Safct) Cf\ ices. mtrodu ccd th e nc\\ C ode Enforcement Supervisor. who c:une on board today. Dave Ly nn . He said he \\:JS :m experi enced Code Enforce ment Supervisor. fonnerly with tl1e City of Aurora and witl1 Greenwood Vi lla ge . Lieutcnanl Wi cks s:ud he 1s \'Cf) comfortable that we will get some great tilings from tum . Lieutenant Wicks said he would also like to address a couple of points tkll Mr . Eds.111 brought up . He s.1id he would like to set the record straight without getting into loo much detail. because it may very well turn i1110 a coun issue . He said he knows that Council passed that nuisance ordimu1ce wilh the intent of improving the quality of life in Englewood. which was passed 1351 year and became law on July 26. 1998 . Since tl1en . we ha\'c been using tl1at nuisance ordinance to effectively improve the quality of life in Englewood. Mr. Edsall indicated tl~ll he did 1101 have any problems until a year ago. he said. but the fact of lhe mailer is that he has a file dating back to April 13. 1989. lbat panicular property has received ten notices of violation. five tllirty-ilay postings. and two other wri11en warnings, he said. and he has owned the propeny tl1e entire time. Lieutenant Wicks stated that this is an on-going event, and that is why he has the attention tliat he has. because. as of Titursd:ly. he was still in non-compliance. He said he wanted Cowtcil to understand tliat they arc nol using Gestapo tactics. quite tl1e con~ Lieutenant Wicks said he personally visited his property. had tl1e opponunity. and in fact tl1e Code Enforcement officer wanted him 0 -------- I • 0 ., • • Englewood City Council June 7. 1999 Page 10 ·• .. _,.... . • • . . 0 cited. and I am a real big believer in voluntary compliance, he said. so I thought about giving him one more break. We had a very lengthy conversation on site. he was definitely in violation of repeated ordinances. and we posted it again . 11le posting will be up the 11h of June. and we "ill do whatever is going to be appropriate based on what he does. It is his propeny . 11 is ltis responsibility to clean it up . he said. I just wanted to assure Cow1cil that we do not use Gestapo tactics . we are bending over backwards. but we do have a sworn obligation to uphold the Cit)' ordinances as they arc ,vrinen. he said. 8. Communications, Proclamations and Appointments (a) A letter from Darryl R . Dununer indicating his resignation from the Englewood Planning and Zoning Commission was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF DARRYL R. DUMMER FROM THE PLANNING AND ZONING COMMISSION . A)es: Council Members Nabhol z. Garrett. BradslL1\\. Habeni cht. Waggoner. Grazulis. Bums Nays : None The motion carried . 9. Public Hearing (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO OPEN A PUBLIC HEARING TO GATHER INPUT ON A BILL FOR AN ORDINANCE CREATING A PARKS AND RECREATION OPEN SPACE ZONE DISTRICT. Ayes : Council Members Nabhol.1.. Garrett Bradshaw. Habeniclu . Waggoner. Grazulis. Bums Nays : None The motion carried and the Public Hearing opened . All persons giving testimony were duly sworn. Planner Tricia Langon. representing tl1e Dcpanment of Neighborhood and Business Dc\'elopmcnt. told Council tl~u the bill before them tonight amends tl1e Englewood Municipal Code by creating a ne\\ zone distnct. "luch 1s tl1c PROS. which stands for Parks. Recreation and Open Space . She reminded Council that the) heard first reading of thjs bill on May 17th . For tl1e record. Ms . Langon submitted Proof of Publication of Notice of Public Hcanng. \\luch appeared in the Englewood Herald on May 21. 1999 . Ms. Langon stated Council requested tliat Cit) staff prepare an ordinance that would idcntjfy. protect and conserve parks and open space in tl1e City . In that efTon. an 1rutial draft of the ordinance was reviewed by City depanmcnts. by the Plru1ning and Zoning Commission. ru1d P,trks and Recreation Co1runission . TI1e ordimnce tl~ll you have before you. she advised. was endorsed by the Park s and Recreation Co1runission on April 8. 1999 . and tl1e Planning and Zoning Commission considered the ordinance at a Public Hearing on April 20 . 1999 . TI1e purpose of the ordi1~111ce. basically. is to officially rccogni.1.c and 1dcntif) the Parks. Recreation and Open Space sites as tl1cir own district. Currently . she ad\'ised. sites arc intennixed in the various districts throughout the City . As a separate district. the City can work toward preservation and conser\'at1on regulations tliat would protect tl1c parks by considering impacts and relationships among tl1c districts Tius ordinance would establish tl1c base for future protection and conservation of those PROS sites . so tl1c bonom line 1s the purpose of the ordinance is to strengtl1cn tl1e parks system . she said . Wliat tltis ordinance does is establish the new district as pan of the zoning ordinance. establishes tl1e guidelines for tl1c new district. and identifies the sites on the official zoning maps. When we create the new zoning maps. as a requirement of the new ordinance . you will see green on the map. she said. TI1e effect of the ordirL"Utce is tl1at it confers an official status to tl1e Parks. Recreation and Open Space sites. and, more than anything. it allows people to recognize the sites when they look at the map. Ms. Langon pointed out tl1at the parks administration will remain a fimction of the Parks and Recreation Department and this ordinance creates its own district only . it does not rezone any sites at tl1is time . TI1.1t will occur later she • I • 0 • • -• Englewood City Council June 7. 1999 Page II ·~ ·• ,,-. • ... • - said. and ii does nol crca1c any new parks. nor docs ii elimina1c any Parks. Rccrca1ion and Open Space si1es . Whal happens next, wilh the approval of the ordinance. is lo begin the process of rezoning . We arc looking al approximalcly 1wen1y silcs. she advised. and we are collecling the information necessary 10 coordina1e 1he rezoning. Rezoning will comply with Chaplcr 3 of the zoning ordinance. and the re zoning process will probably lake a lotal of six to nine months from the passage of the ordinance. she said . Mayor Bums asked aboul fulure use of the ordinance. once you gel tlus inilial designa1ion. if you have another area tha1 you wanl lo designme as parks . Ms. Langon said we would then bring ii in under the new zoning and designate it as a PROS district Mayor Bums asked iftlml would invohe 1he Planning Commission. Ms. Langon said yes. any rezoning of propeny would . Council Member Bradshaw said so ii is always going lo have public inpul. Ms. Langon responded affirmauvcl~. Ms. Bradshaw said then that was the inienl. Council Member Bradshaw asked aboul A1tachmc111 Bon Ilic Open Space Inventory . Where ~ou say golf course greenbelt, 26 7 acres . She asked if that was Sheridan. Ms . Llmgon said 111.11 is Sheridan. asking if she mean1 m 1hc area remaining under existing. Ms. Bradshaw said yes and asked if thal would remain induslrial in Sherida n Ms Langon said she did not know. Ms. Bradshaw said it \\as a landfill. Ms. Lllltgon said ii \\as a landfill o ri gma ll~. and she would suspect that it is . but s:ud she docs no1 know their zo1un g. Council Member Habenicht s:ud she rccei\'cd a lct1cr from a co mmissioner who was questionin g "hcthcr or no1 1hc ordinance allowed for public hearings . 1l1cy arc under lhc impression 1ha1 it docs nol. and thal re,·irns 1t1 1h c future would only be held b~ Ilic Parks and Rccrcalion staff and Ilic dcvelopme111 review tc:un. and not go to Pl annmg a nd Zoning. She asked if tl1a1 was riglu and asked Ms. Langon to clarify that Ms . Langon said. if Parks and Recreation were to develop a site. or made some change to the s ite . "hat th e procedure has been. and tlus ordinance proposes to continue tl~u process. is that their applicauon \\Ould co me 111 and be reviewed by the devclopmenl review leam . 11,e 1ca111 is generally made up of Neighborhood and Bus mcss Dcvclopmcnl. Public Works. Traffic Engineering. Building and Safely. Fire and any other dcpanmem s as needed arc broughl in for tl1osc reviews. 1l1e purpose of 1ha1 1eam is to review the project Ilic site plan. for a ll of 1hosc areas. for traffic. zoning. placemen! of buildings. for fire safety. and for all purposes. she s:ud . 111.11 ,s 1hc ge neral procedure as any project would come in now . Ms . Langon said she believes 1hc P!.uming and Zoning Conurnssmn was concerned aboul having public inpul for :my type of dcvclopmenl witl1in Ilic parks. Mayor Bums asked. after tl1ey have been dcsigna1cd and zoned wider 1lus ordir~mcc . whal \\Ould l~1ppen after l11a1 on tl1osc already zoned areas. Cow1cil Member Habenichl asked if tl1is docs 1101 allow for public input. Ms . La ngon said. as ii was wrincn. no . per Council · s amcndmcnl on May I 7lh. tlial was pulled . Mayor Bums said ir you are going lo have public input . you have 10 define how much of a change you arc going 10 have . If you change somellung tliat is very small. like where 10 pul a picnic 1able. you should 1101 ha,e to have a public hearing on ii. He asked how I his could be defined so I hat you would know. He said he has some in1erest in having the Planning and Zoning Conunission panicipale. but how do you define ii so you know which is an issue thal should come before tl1em or tl1a1 is just so tri\'ial tl1at ii is a waste of time. Ms. Langon said tlial was our rnajor controversy. Al whal level do you decide thal it becomes a public hearing issue . Council Member Bradshaw said tl~11 is decided by tha1 team. Ms. Langon s:tid no . according 10 this. it would not be a requirement. Council Member Waggoner said ii is not a requircmcnL but ii docs not say you could not. Ms. Bradshaw said tl1en a public hearing could still be held . Ms. Langon said 1ha1 is correct Mr. Waggoner said . in tl1e olher procedure . you would have 10 hold a public hearing. and in Ibis one ii would just be permissible. Ms . Bradshaw said she likes this. the way ii is wrilten. beuer . . ' I • 0 - • • -• Englewood City Council June 7. 1999 Page 12 •,, ·~ ~ ,.,-. • • - • .. ' . ' Ms . Langon said it is also her understanding that Parks and Recreation , through the Board, holds public input. before they start the project anyway. So it is somewhat redundanl other than one is a required public hearing. and the Parks Department 's is merely an informal process . Ms. Habenicht said that is the point she was going to make . that Planning and Zoning is primarily a quasi judicial group. in which a public hearing has some impact. while the Parks and Recreation Commission is not quasi judicial . and the public hearing would be just for gathering input. She asked where in the ordinance something like that would be added . City Attorney Brotzman said. previously. and tJ1e motion that was changed. paragraph D. had an additional sentence that Council removed on first reading. lllat required a public hcanng for all those items listed in paragraph D. so items like setbacks . building heights . signs. fences and landscaping would have been required 10 go to a public hearing before any of that work took place . he advised . Ms . Habenicht said. for example . if we were talking about the location of a skateboard park . or tl1e locauon of a tennis coun with lights. or any kind of activity. tJ1at could . as the ordinance stands no\\. be approved by staff. without going to any public process at all . Ms . Langon said other tl~-u1 tl1c publi c process that tJ1c Parks ru1d Recreation Department would address prior to even bringin g tJ1c idea forward . Council Member Waggoner s..,id. when this comes up at bud ge t umc . then Council has co ntrol o, er it and it co uld go to public hearing . Council Member Habenicht said we have information saying that Planning and Zoning approved this . Did tl1e~ approve this with or without tJ1at change. she asked . Ms Langon responded that they approved it with that change Ms. Habenicht said so they approved not to have a pubhc hearing. Ms . Langon said no . tJ1cy amended the ordinance to have the public hearing at first reading. Council removed that amendment .. Council Member Waggoner explained tl~11. \\ hen it went to Parks and Recreation. they approved it as originall, written . Then it went to Planning and Zoning. and tl1c~ added the requirement . When it went back to Parks ru1d Recreation . they s..,id we do not like tJiat requirement. take it back out . ru1d then Council took it back out on first reading . Council Member Bradshaw said it 1~,s to go through a hcanng to be Loned parks and open space . so that is where tl1e hearing process comes in . Ma yor Bums said we arc talking about after tl~11. Ms. Habenicht said yes . she is conccmcd about after tJiat . because . for example, where you place a skateboard park might make a big difference to people who live adjacent to zoned park land . and would like to have the ability to go to Planning and Zoning . She said it seems to her that it is an appropriate PL,nning and Zoning function . Council Member Bradshaw said tl1cn we arc bypassing Parks and Recreation . What we arc saying is the Plamling and Zoning has more control over it tJian Parks ru1d Recreation . Council Member Habenicht said no. she would not think so . Council Member Bradshaw s..,id. if it is a Recreation facility. she feels we should go tlirough tJ1c process that we go through . Council Member Habenicht said she truly believes that if it is going to affect the land use and it could address adjacent property owners and residents and citizens of our community . the y should have the accountability resting with the people . She said she has always been a suong supponer of tliat. She said thank you for clarifying thal tJlis has really helped to clarify the position she is probabl y going to need to take . Mayor Bums said he is concerned about tJ1e same thing . Definition is really a lot of wliat we arc talking about here if we are going to address these issues . We ha\'c a new skateboard park down at Cornerstone and we arc already having problems with the neighborhood about lighting and noise . And tJ1at went through C\'Cl)1hing. Cowicil • ' ' I • 0 • • -• Englewood Ci ly Co uncil June 7, 1999 Page 13 ~I' ,,-·• • • - Member Bradshaw said. Mayor Bums said he is concerned that we can formulate this somehow. He said his concern is that if we just have staff to say whe1her we have a public hearing or not. we may never have a public hearing. Council Member Bradshaw asked if we can add some language to D. if it is going to impact . Mayor Bums said we have Mr. Stockwell here this evening. He is the author of the letter we have been talking about. Ms. Langon said. if Council modifies the ordinance. if that docs come up. she would like 10 discuss one other poin1. Casey Stockwell. 3919 Soulh Washington StrceL said he is a member of the Planning and Zoning Commission. He said he believes thaL if Council considers all the issues they haw heard. tha1 U1ey are addressing the only issues he has . He said he fell they were stated very well . Council Member Habenichl asked ifhe was speaking just for lumsclf Mr S1ock"ell admi ned 10 l11ni1cd experience with government in Englc\\ood. and. U1erefore . he is listening 10 the inpul of lhc people from lu s Conu11i ss 1on and their previous experience in Englewood. For inslance. citing 1hc j oilll "ork 1hat E11gk"ood did \\Ith Arapahoe County in lhe South Suburban Park Dis1ric1 . He said Council brouglll up mosl of1he I u~s 1hat "ere c 11ed there mid U1ere was a 101 of concem "i1h surrounding nei ghborhoods because o f li gh1s. for 111 t1n ~ We also "re !l ed wi1h U1e question of how much. We do 1101 wall! 10 know if~ ou c h,m ge a li gh t bulb. or ch:u,gc a park bench . \\e do 11 01 care, he said. Obviously. an~1hing like a balhroom would come across on budgc 1 stuff. bul "e sull feel like ii 1s 100 open-ended . As for U1e specificily of what si ze ii should be before a publi c heanng 1s held. Mr. S1ockwell said . although at the last meeting 1hey addressed U1e fact 1ha1 it may add up 10 Uu-ce mon1hs 10 a dcc ision-1mk111g proce ss. he docs not feel that is necessarily so. As a mailer of fact I am on U1e 0U1er end of I hat spec lrum. he said. I believe that we could keep a lot of picnic !ables from coming to Council. We are there 10 serve you. he said. 10 gatl1er information and save Council time. therefore. if a picnic table comes across. we can stop it you do not have 10 hear about it. If it is lighting. and U1e public needs 10 hear about ii . it can come tlu-ough us first . he said. we can eliminate a lot of the extra stuff. do a bunch of the changes tl1at the public is al read~ concerned aboul before it comes 10 Council . Of course. anything U1a1 comes from us is just a suggestion. he allowed. Mr. Slockwell said he feels 1hat by eliminating that one sen1ence. Council really pulled 1hem ou1 of1he loop . Spccificily of1he size of1he addi1ion was a problem. and you can gel 100 dc1ailcd. l:mdscaping. clc. bu1 1ha1 is" hy we 1hough1 . leave ii general. and if 11 1s a picnic table. we will just say no public hearing or wh.11cver . II 1s very hard to gel tliat specific in l:mguage withou1 someone finding a way around ii. he slalcd. lo somelhing 1ha1 impacls 1he local con1111uni1~. Council Member Bradshaw said ii is a lrusl U1ing . We 1~1ve a P;u-ks and Rccrca lion Commi ssion. we have Planrung and Zoning. If it is an issue where it comes 10 lighling or somctlung. she fell sure Parks and Recrca1ion would sa~ this needs to have a public hearing . Council Member Habcniclu said she feels !rust is imponanl. bul also you can have a hi gh degree of 1rus1 "hen you have a group of people 1ha1 you feel very comfonablc with. bul things and people can change. lllat is "h~ 1hc process needs 10 be in place 10 address U1ose lhings. she opined. She fell tl1a1 ii is impon.1111 some1imes 10 ha,c th ese things spelled out and lhe process in place. and tmsl in lhc sys1em. nol just in the people Mr. Waggoner said 1he sys1cm requires 11~111he process go 1hrough. nol only Cily Council. bu1 ;m~ capilal improvement projc cls arc approved by lhc Planning and Zomng Commission. :u1d even if 1hey are ini11atcd by Parks and Recreation. any capital projects arc appro,·cd by the Plamung Commission :md our nonnal budge! process . Mayor Bums said he is concerned about liming. and we were 1alking about si:1.1y or ninety days. and if U1e y still have to go through a budget process. Mr . Waggoner said you know what projec1s you are going to build al a certain time of year, and that is budge! time. and usually !hose are on a five year capital improvements project plan. If there is some concern about a skateboard park going in. for instance. al Cushing Park. U1en when budget time comes around. and all of those arc approved. U1:11 is the time we should be ques1ioning where it is going. He asked if U1:1t is or is • I • 0 - • • -• Englewood City Council June 7, 1999 Page 14 ... ,. --. • • - .. .. ' ' .... not the proper place. before it gets too far down the road. TI1ere is no sense in our Parks and Recreation Commission spending too much time on a project that is not going to be approved. he said. or that somebody has some concerns \\ith. lli.tt is why we have public heanngs even at those tjmes. he said. Council Member Habenicht asked if it is appropriate to be discussing this at this time . Mayor Bums said we need to separate the Council discussion with each other from the nonnal public hearing process . Mr. Stockwell asked if he could comment. He sajd what they almost touched on there. witl1 the three to six months. the budget only comes up once a year. once every five )ears. and projects do not al\\ays take that long. TI1ere are monies set aside in every depanment for stuff within tl1at year m a generalized vein . Therefore. you still have an open door fo r stuff being put in. whether ii be sidewalks or tall lights. that they can just fit into tl1eir budget without going through a budgetary process on specificity. so that would be one concern. he said Mayor Bums said he tends 10 agree with that. He asked if Mr. Stockwell had anything funher 10 say . Mr. Stockwell said no . he just fcll 1ha11he fact that it l~1 s been brou ght forward and Council is co nsidering it very thoughtfully is really all he wanted. COUNCIL MEMBER BR.\DSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Nabholz. Garren. Bradsl1.1w . Habenicht. Waggoner. Grazulis. Bums Nays · None The motion carried and tl1c Publi c He.1ring closed. Mayor Bums said he tends to agree tli.11 you can have tl1ings come up tlial arc 1101 pan of the budgelaf)' process He said he felt it is difficult if~ ou a rc going to liavc public hearing as tl1e definition. He allo\\cd that tl1c Plannin g Commission may be walling 10 work as a filler. but he said he did not want 10 layer 100 many different revaews of the same thing. Council Member Bradsl1.1w asked if Council is then abdicating its responsibility 10 make those decisions. if we a rc having it filtered . Mayor Bums said he th o ught we were trying 10 avoi d havin g such tliin gs as a park bench co min g before Coun ci l. He said he 1s not sure ho" the process would work exactly . Council Member Bradsl1.1w said she feels we a rc in thi s vei a.-of micro ma11.1 gi ng e, el")lhing after the project across tl1e street. and she does not know 111.11 \\C liavc to keep doing tl1a1. She said she strongly feels there is a process in pl ace tli.11 is reasonable . Nothing gets put in a park \\ ithoul the five yea r plan. that is a lwa) s a pproved by Council. The Parks and Recre.11ion Commission can hold meetings. she said. and she just does not understand why people arc so distrustful of this whole tl1ing . Mayor Bums said he felt Council Member Habenicht l1.1d made a good point tliat people cllaJlge. and we want 10 have a good process. He asked if. legally, as far as the hearing process is concerned. can tl1e Planning Commission act like a filter. City Anomey Brotzman said sure. if you want 111cm to . You could have that level of detail tli.11 is specified in this ordinance. Council Member Waggoner said Council could also call a public he.iring on any proposal that co mes up . TI1ere are a lot of times when tl1e Planning Commission will l1.1ve a public hearing. and we tum right arow1d and have another public he.iring. he said. Council Member Bmdsli:1w s:ud tli:11 takes a long process . Mayor Bums said sometimes that is necessary . • ' . . ) I • 0 • • ( Englewood Ci~· Council June 7, 1999 Page 15 '· .. ' ... .. ~ ,,,-. • • -.. ... City Attorney Brotzman said filter is probabl y an inappropriate word . They are advising you. much as the Library Board does and the Code Enforcement Advisory Committee does . l11ey are advising you of issues . Mayor Bums asked if they can entenain an issue of a public hearing. and then stop . so the Council nC\·er sees it. City Attorney Brotzman said the only time U1cy do th:11 now is on quasi judicial matters. not on advisory matters . advisory comes to Council. Council Member Habenicht said she feels really strongly that she values the checks and balances that we have in place . so that in time. no matter who is there. U1ere is an appropriate process . She said she has to take into account the major water park Uiat we liave planned. She said she has had several citizens call and the y are concemed about that, and they feel very uncomfonable that there has never been a public hearing on that. U1at they ha ve been able to address. If this were in place with something at Plaruting and Zoning. they would have an opponlllli~· to have their quasi judicial public hearing guaranteed . If U1is ordinance were passed right now. those people would not necessarily have that. She said she feels there is a sense out there. just as we were fe eli ng 11~11 . perha ps. our RTD process was trying to ramrod someU1ing at us . and people feel that. when it is in tl1eir back~ard . if the~ do not know that there is a real process that they can get into. it can get overlooked . She said "hen there 1s a real honest to goodness process that has to be gone through . it can cenainly be sped throu gh. TI1e checks and balances arc imponant. she said . and I value U1e rights of the citizens . Mayor Bums asked . if yo u had the ordinance in place . and then you had new zo nin g on a ne" s ue. "hcthcr that would have to have a public hearing. City Attomey Brot ztm n s.1id yes . Council Member Garrett said having missed the previo us meeting . he did not know "hethcr the di scuss ion "as more enlightening. He said he is trying to sec if there is a common ground that somehow can be rea ched . TI1e struggle with any drafting is words . and it seems that the concern is if there is going to be some so n of impac t off site . If we arc doing something such as improving a ball field. that will have no additional impact off si te . "h~ do we want to hold a public hearing on something like that . He said he is trying to Uunk if U1ere is some kind of ca pital expenditure cap. Well . no . if you put up one light to\\cr Uiat costs no money. U1at is "here people arc concerned. while if you did several thousand dollars to make the ball field better. no one would reall y ca re for resoddin g. for example . If we could come up wiU1 some kind of langu.1gc. such as material impact off sue . Some kind of material sundard. "llich 1s a loose tcnn. but one U1at we use legall~ a lot. if there is a material impact off site . TI1c water park impact would be c,ff site because of the grounds . So maybe \\C could co me up w11h something 11~11 \\Ould satisfy both. he said. Counci l Member Habenicht s.1id she feels that \\Ould be appropriate. and would suppon 1k11. so th.11 we arc not micro managing. but addressing the concerns of our ci ti ze ns. Mayor Bums said he Im no interest in mi cro managing little clianges in a park . Mayor Bums asked if it is U1e consensus Uiat Council would lik e to sec so me lan guage m th.11 direction . Council Member Waggoner suggested U1ey work on it. then. before it comes back to Counci l He sai d he does not want to sec it again wuil something is decided . Ci ty Attorney Brotzman asked if Council wants this to go back to both commissions prior 10 coming back to U1em . Council Member Garrett said yo u have two commissions with t"o different views Council Member Bradshaw agreed . She said if we are going to use the process . it needs to go to them. too Ci~ Attorney Brotzman said he got lost on that one . Council Member Garrett said U1e anS\,cr is )CS. Council Member Haben ic ht said speed it through to both . City Attorney Brot zman said okay. it is going before both . Council Member Habenicht said ifwe co uld have them both represented with what U1cy have to sa y to us . that would be helpful. Mayor Bums said we have U1e lu:1.-ury of some time here . because we are not going to cliange a park or lose one or gain one in the meantime . We have our parks. we arc just uying to initially zone them. and look to the future . Council Member Bradshaw said she has a problem with two layers of bureaucracy . because the process is there . . ) I • 0 - • • Englewood City Council June 7, 1999 Page 16 •· .I '!'.,• j ,·, ... .. • ... • ·. -' .. Council Member Habenicht said she feels Council Member Garrett's comments were appropriate and gennane to her concerns. COUDCil Member Bradshaw asked City Attorney Brotzman to get together with Ms . Langon on the language that she wants to deal with. Mr. Brotzman said absolutely . 10. Coalelll A~nda COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), 10 (b) (i) AND (ii), AND 10 (c) (i). (a) Approval of Ordinances on Firsl Reading (i) COUNCIL BILL NO . 36 . INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7 .500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) SUCH FUNDS WILL BE USED FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 30. SERIES OF 199 9 (CO UN CIL BILL NO . 3 I. INTROD UCED BY COUNCIL MEMBER WAGGONER ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE OF BUCKLEY 'S FACILITIES BY THE ENGLEWOOD DEPARTMENT OF SAFETY SERVlCES . (ii) QRDINANCE NO . 3 I. SERIES OF 1999 (C OUNCIL BILL NO . 34 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING TmE 4. CHAPTER 7. SECTION 11. OF THE ENGLEWOOD MUNlCIPAL CODE 1985 . PERTAINING TO THE EXTE NSIO N OF THE LIMITED WAIVER OF THE WASTE TRA NSFER SURCHARGE . {c) Resolutions and Motions {i) A CONTRACT WITH RA YMOND TOMAS SO IN THE AMOUNT OF $75 00 FOR THE WINNING ART AT THE HAMPDEN STATION ENTRY . Vote results: Ayes : Nays : The motion carried. II. Regular Agenda Council Members Nabhol z. Garrett. Bradshaw. Habenicht. Waggoner, Grazulis. Bums None (a) Approval of Ordinances of First Reading (i) City Allomey Brotzman presented a recommendation from the Department of Safet y Services and the City Anorney to adopt a bill for an ordinance penaining to graffiti . • I • 0 2 --------------------------------------------..... --------- • • • Englewood City Council June 7, 1999 Page 17 t• ... .. ,. • .. • - Mayor Bums advised that this action requires a motion to review the ordinance which was tabled of April 5. 1999 . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO REMOVE COUNCIL BILL NO. 24 FROM mE TABLE. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht . Waggoner. Grazulis. Bums Nays : None The motion carried. City Anomcy Brotzman advised that this matter was tabled due to retail concern regarding the display and stora ge ponion. on page four of the ordinance. §7~E-10. lllis section. if you look al the end of" hat is now scc1ion C-2 . that is what was previously required. he said. It required that it not be accessible to the public . llte retailers ca me 10 us. he advised. and said that is really difficult for reL1ilers . They came 10 us . the us being the Code Enforcement A<hiSOI')' Committee. first tlte sub-commiltcc and tl1cn it went ba ck to 1he com mincc as a" hole 1l1c 1r rcque s1 \\a5. either put it in line of s1gh1 and/or electronic surveillance. and for tliat tltey will provide educauon 10 tltetr retailers. provide us pamt. provide us other substantive issues . because ii helps tl1eir retailers out. lltc sub-comm 1n cc and committee as a whole ,01ed 10 ap pro\'e the change in language 1l1 is lan guage is ac tuall } language tlt:11 was proposed by the lmemational Murlicip.11 Lan, ers Association . they came up with a basi c draft of the code sec11011 Thal is what this is. tliat is \\hat the sub-commiltcc and the com mince as a whole arc propo s in g and thai 1s "h.1t 1 now in the ordinance. he said . Council Member Garrett asked if tlial is what tl1e relailcrs were co mfortable with . Mr. Bro1 z man said 1ha1 1s "Ital they rcques1ed . Mayor Bums said one oftlte issues is how much of the graffili paint is stolen . ,Utd ne go t vc l') difTerenl opiruons on that. Mr . Brotzman said tlte retailers had very different opinions than 1he study in Denver came up with . 1l1e~ arc saving there is not nearl y as much stolen as Denver's study previousl y stated . Mr. Brot zman said other cities li1vc done similar studies. tltey disagree witl1 those studies . Part of what tl1ey said tltey would look at is they nould go back 10 their retailers and actually run tltrough tltcir lists and sec how much is being stolen and 1ry and work on that issue as well . if it is a problem. Mayor Bums said tltal was Ute main reason why you would put it oul of reach . He asked if we have surve~ ed the Englewood retailers. Mr. Brotzman s1a1cd Utal lhey said lhcy have talked to our retailers. bul in all honesty he doc s not feel they did a very good job of talking 10 all of our retailers . Council Member Bradshaw said UtC)' did not 1alk to Home Base . Mr. Brotzman said tltey talked lo a couple . llicy may have talked to Kman . and tltose tl1e y actually represent in the market.. 1l1ey talked to Wal-Man . who is not in our markel ye t but is coming. and is one of tlte groups U1ey actually take care of. and they arc indicating tl1crc is not that much stolen. and if it is . they would rather take care of that issue because they do not wam tlteir merchandise leaving U,c shelf. Mayor Bums asked if there will be any further discussion with Englewood retailers . Mr. Brotzman said Ute pronlise . in the lener that Council has. is Utat they will come oul :md talk witlt our retailers about U,e program and educate them about what they need lo do. and about stolen paint. and how this all works . 1l1e benefit. he said . and tlte probability or that happening would probabl y not be that great. except Uiat Denver passed an ordinance U1.at looks like paragraph two, it requires that it be locked behind a clerk. so you could not reach it . 1l1ese very same people went to Denver, Denver said we are keeping Utal. we arc not going to electronic swvcillance. or line of site . lltcse people really want to educate our retailers about how nice Englewood is in supponing U1e retail community . and Denver is not . Mr. Brotzman said he feels they will actually be educating our retailers . Council Member Bradsliaw said they need to go to all of them . She asked how they will get U1:1t list. Mr. Brotzman said they actually have a list. although tt is not very comprchensi\'e right now . 1l1cy had a number of businesses that • ... I • 0 • • --• Englewood City Council June 7. 1999 Page 18 ... .. .. r · • .. • -' have Englewood zip codes. that were not in Englewood. He said he feels they have actually missed a couple of retailers, so we need to work with them more on the correct list in coniactmg our reiailers. Council Member Habenicht asked if the ordinance. as it stands now. does not ha\'e any effect on the retailers at all. Mr. Brotzman said it does have some effect. but not nearly the impact that it once did.' You still have to have electronic surveillance. meaning a camera that actually works in the ceiling. for example in Kmart so you could sec if someone was stealing painL or you would have to have a clerk watclung where the paint containers arc. Otherwise. you could lock it behind l11e counter. he said. A good example is A & A Trading Post. the)' have spray paint behind the clerk already . 0 Council Member Habenicht said it gives the retailer l11e option to use 30) one of the three . but 1J1ey have to do one of them . Mr. Brotzman said yes. or ll1C)' are in violation of l11e ordinance and we could bring l11em into Municipal Coun for violating the ordinance. Ms. Habenicht asked how ) ou would enforce l11e clerk watching. She said she could underslalld how you would enforce electronic sur\'eilL1ncc or behind the counter. Mr. Brotz man said if it is DOI in line of sight of a clerk. or there was not electronic sur.c1llancc. you \\Ould be in violation of the ordinance. which means there is a penalty section. w h.ich is our tr:idiuonal penalt) section. so) ou co uld line th e sto re S5 00 a day for every day that it is not in line of sight or \'iC\\ of the clerk. so it is a dollar penally to them. Council Member Waggoner said the) c ould j ust chan ge their isles 10 th e direction tlk11 is awa) from l11 e cash registers. Mayor Bums asked if we could just pa!'S lllis on lirs1 reading w111l we ha\'e tl1c survey . He said he thought we we re going to survey the Englewood businesses before tlus came back . Council Member Bradsliaw said tliat is" hat Ili c) said !hey were going 10 do. Ma)Or Bums said we got a light brush over the people tl1ey already represent. and tl1m 1s not what we expected. Council Member Bradsha w s:ud tha t co uld be a \\ay of delaying us from passing it. 100 Council Member Nabholz s.1id l11cre arc several members of the Code Enforce ment Advisory Committee here tonight. A lot of effon and work lk1S been done on tlus from !lus sub-commiuec. as well as tl1c Code Enforce ment Advisory Committee. She said she did not know if 11 would be appropnatc or not 1f the ch.1ir of that sub-commiuee spoke . She asked. if tl1is is not passed 011 first reading tonight. is it tabled once agai n . Mayor Bums s.1id you can continue it rather than table il Tabling requires a d11Tcrcnt ,ore. he s.1i d . City Attorney Brotz man said he would probabl) urge tl1 cm . smce l11c com1rli1tce l~1 s recommended tllis . and yo u can remove paragraph C and pass the remainder of tlu s Council Member Bradshaw s.1id we could just let it go. and try it out 10 sec how it works. If it needs strengthcnmg. then we co uld go from tl1ere . Council Member Garren suggested having a public hearing. Ma)or Bums asked if we should set tl1is for publi c hearing. Mr. Brotz man said you do 1101 have to . you may have a public hearing. Mr. Garren said it would be a good idea . Ms. Nabholz agreed. since it involves retailers. M.1 yor Bums said if we are going to have a public hearing. he would like to have all of our retailers infonncd so we can receive co111111uni~ comment. Council Member Habenicht s.1id she is not clear. She asked if the cl~1nges were made because of the person who came here, and we tabled iL or did they go through Ilic Code Enforcement Advisory Committee. Did the Code Enforcement Commiuec approve the changes? Council Member Nabholz responded affimiatively. She said they are comfonable with it llie way it is. Ms. Habenicht asked if tl1cy arc tl1e ones" ho brougl1t it to us . Ms. Nabholz said yes. Ms. Habenic ht said she is ready to move 011 it tl1cn. she said she liad though! it was changed in spite of them . The Deputy City Clerk read tl1e council bill by title : COUNCIL BILL NO. 2-'. INTRODUCED BY COUNCIL MEMBER BRADSHAW • · . I • 0 • • Englewood Cit) Council June . 1999 Pa ge 19 1 · " .,,-• • • - .. ,. ' A BfLL FOR AN ORD INANCE MtENDING TITLE 7. CHAPTERS 6E AND 6F A D TITLE 15 BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POS SESS IO N AND ALE OF GRAFFITI MATERJALS AS WELL AS PARENTAL RESPO NSIBILITY . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECON DED. TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 2-1. Ayes : Council Members Nabhol z. Garrell Brad shaw . Habcmchl. Wagg oner. Grazulis . Bum s Nays · No ne The motion carri ed. Setting a date for the publi c hearin g \\as di scussed . Ci t} Manager Scar 1a 1cd th.1L ,f \\C do nollf} the rct.11l crs about the public hearin g. 11 ma y take a littl e bit of 11111c . Ms. Habc111 cht sa id "e are passmg this 111 favo r of th e busmcsscs . sin ce 1111 "as a uggc 11 011 111:,dc b, th e busi nesses . She sa,d this" 111 be 1hc firs1 ume she has c1 er 1.1lkcd agam st a publi c heann g. but she reaJI} docs 11 01 think 111s neccssar). s111 cc \IC ha1c bo\\cd 10 1hc rc1ail co ncern s We 1.1,e tak cn II ba k to the people \\ho fi rs1 brou g h1 the ordrn all e he s:ud he coul d sec thal 1f 11 \las going 10 be omc1h111 g more detnm cntal to tJ 1cm. but wh ) 11 ould tJ1c} come ba k and nL1ke II stri cte r'? Council Member Garren s:11d 111an} of our ret .11 le rs h:11 e not IL1d an} 111pu1 . and he 11 ould lik e 10 gl\c 1h cm a ho1. ,r the y so de sire Mayo r Bum sa id 11 can be more ofa problem so metim es 1fpcoplc ll1111k th e} did no t ha,c a .:hance 101:ilk abo ut 11 Council Member Grazuhs as k d "hen 1hc hc:iring 11 ou ld be Council Member Garrell aid a soo n a 11 ,s pra u cal to 11 011(\ all of tJ1 e rc1ail crs . Cou ncil Member Brnd sl.1 w sa id we probabl} need to go 10 th e se cond mec11n g 111 Jul } Mr. Sears sa id tJ1m would give us eno ugh tune COUNCIL MEMBER GARRETT MOVED, AND IT WAS ECONDED , TO HOLD A PUBLIC HEARI NG DURING THE SECOND MEETING IN J ULY TO GATHER PUBLIC I PCT REGARDING COU;\'C IL BILL NO . H. Ayes : Co un ci l Members Na bhol 1.. Garre ll. Bradsl~1". Habcmclu . Waggo ner . Graz.uhs. Bums Na~s one Ti ie 111 011011 carried. (11 ) Direc tor Gr)glc"ic1. presemed a re ommc nd111 011 fr om 1hc Dcpa n111 e11 1 of F1na11 c1al Sc"' cs to adop l a bill fo r an ordii.mcc placing ,1 question 0111hc N01 e 111bcr ball ot rcga rd111 g Liquor Oc c upa1i on taxes Mr. Gr) glcw1 cz staled 1ha1. since TABOR cam e in10 effec t. mi~ new 1a .xcs are req mrc d to go to th e 1·01crs 1l1i s would go to th e vo ters for approval of 1axcs on four li cen ses. and tlu s 11 as di sc ussed at a Stud~ Sess ion earli er tliis year. he said. 1l1c li ce nses arc Brew Pub . Optioml Premi ses Li cense . Optiona l Premi ses Li ce nse with Hotel :md Restaurant License. and Mini Bar Penni!. and this would be for !he occupatio tL11 ta.x th al is li sted ,n the ball o1 question . he said. Mayor Bums asked if a Mini Bar Penni! would be for an entire mot el. Dcput~ Cit) Clerk Cas tl e tated th at a Mim Bar Pcnnit is for a branch of a hotel lhal is within 1.000 feet of the main hot el. II has 10 be own ed b~ th e sa me ho1cl people, and could be up to 1,000 feet away . Mayor Bums asked if it is an actual bar. Ms . Castle said no . it is in tJ1cir rooms . the litt le refri gerator bars The Deputy City Ciak rad Ille council biU by title : ' •. :l.'-,. -. ; . . .:-. ~ .... ., . ·f ,/ l{~t. ' , ' .. '.~ ,, 4 •• •"'; ~'''),• ___ .., __ " I • 0 - • • -• Englewood Cicy Council June 7. 1999 Page 20 I• ~I I .. ~ ,,-- • • • ... COUNCIL BILL NO . 39. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE SUBMIITING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING ADDITIONAL CA TEGORJES OF THE PREVIOUSLY ESTABLISHED OCCUPATIONAL TAX ON LIQUOR LICENSE BUSINESSES . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. 39. Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht Waggoner. Grazulis . Bums Nays : None The motion carried . (b) TI1ere were no additional items submincd for approval on second reading . (See Agenda Item 10 - Consent Agenda .) (c) TI1crc were no additiona l resolutions or moti ons submined for a ppro"al. (Sec Agenda Item 10 - Consent Agenda.) 12. General Di!ICu!lllion (a) Mayor's Choice (i) Mayor Bums discussed a lcncr to Council from Jerry Slack . President of tl1c Board of Directors of the Englewood Historical Society regarding gelling electricity for tl1e Depot Museum . Mayor Bums said he is not quite sure what is being addressed here . and why the Cit y \\Ould wai\'c a charge . and nhat tl1at char ge is . Cicy Manager Sears advised 111.11 he asked Rick Kalur1 to folio\\ up on 11131. and l13s not ~ct gonen a rcpon from tum He said . as he understands it. it is to pa y for electrical serv ices to the build111g itself and wl~ue, er co nnecti on fees tl1crc may be . He said he can not verify tl13t for Council tonight. Council Member Nabholzcxplaincd that there was a temporary power pole back tl1ere nhen tl1c Englcnood Housing Autl1ority still owned tl1e propcny and all tl1e Historical Society is looking for at tlus point is to be able to have an outside light. She said when she met witl1 tl1c president and some other board members as we were pri ci ng some things for the box car sale . he said tll:lt he was told tliat the wiring tll:lt was run to tl1e depot for the outside lights was really dangerous . She said. if all else fails. and we can not tap into the e.xisting power pole . the issue is we need some lights outside . We arc not worrying about wiring right non . but just for safety . Council Member Garren asked what fees Englewood would be waiving . Ms . Nabholz said she is not sure, but wliat tl1e Historical Society would like is a ligl11 outside the building. We 1~1d a tempor.1ry power line running to tliat power pole and it has now been disconnected. she said . Council Member Waggoner asked if they wanted an area lighL as is in our parks . Ms . Nabholz said yes . Mr . Waggoner asked why we don 't just request Public Service Company to install on . ;md we pay the montl1ly bill . Mayor Bums asked if tl1cy would just make the initial request to the Public Service Company for the light. Ms . Habenicht said can we not just ask staff to address tllis. instead of us trying to solve the problem . It seems like there should be light there. she said. and we own t11e land . Cicy Manager Sears apologi1,cd. He said Ms . Nabholz is probably right. and it is probabl y as Mr. Waggoner suggested. tll:lt we just request a light and pay the nonnal fee . Mr. Waggoner said he does not know what it is now . • ' .. I • 0 • Englewood City Council June 7. 1999 Page 21 ,. •,, .. .. ~ _.,---· • • -' ... ~ but it used to be that they give you about $500 . and if it runs above that you pay the difference for the installation and then you pay so much a month for a street light. Mr. Sears said. if that is the case . Council can just give him authorization to do that and if it is different he will come back to Council. Council concurred . Council Member Grazulis said this does raise a concern regarding the property around iL Ms . Nabholz said there is one neighbor this might possibly impact but she has been robbed twice. and she would probabl y welcome the light. Council Member Waggoner said if it bothers them . they can always adjust it. (ii) Mayo r Bums advised that we have an invitation to the grand opening of the skate park at Cornerstone Park , Saturday . June 12th at 12A5 p.m. (b) Council Members ' Choice (i) Council Member Na bhol z : I. She needs to clarify . when she was reading in l11c minute s. she gave l11e incorrect dates for the bo, car sale for the Englewood Historical Society It as Frid1~. June 18th and S.1 turcfa~. Jw1c 19th . 2. She reminded Council of the Clean. Green and Proud Golf Tournament on Mond1) Registratio n and continental breakfast is at 7:00 a .m. she advi sed. and shotguns start at 8:00 a.m. (ii ) Council Member Brad sl~1w presented Council Ball No . 35. suhm11ting to a vote oftl1e electors a proposed amendment to ll1e Chancr th e minimum age to qualif, as a Council Member from 25 to 2 1 ~ears of age , for consideration The Deputy Ci~· Clerk read the council bill b~ title : COUNCIL BILL NO . 35 . INTROD UCE D BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO SECTION 23 OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD REDUCE THE AGE FROM 25 YEARS TO 21 YEARS OF AGE AS A QUALIFICATION TO BECOME A COUNCILPERSON . COUNCIL MEMBER BRADSHAW MOVED COUNCIL NO. J!i. Mayor Bums asked for a second . He said it appears \IC do not ha ve a second . Council Member Bradshaw sai d she thinks it is sad that we arc deciding whether people can vote on it . TI1is is just to put it on l11e ballot. she said . not saying you arc in favor of it. All tl1is says is tl1a1 it would be a Charter amendment and people can choose to vote for or against it. THE MOTION DIED FOR LACK OF A SECOND. (iii) Council Member Grazulis mentioned the meeting in Ilic 4400. ~500 . and 4600 blocks . lbcre arc twelve blocks included. she said. on July 21 • and we will be getting out notices to those members. II will be swting at 7:00 p.m. and Safety Services and oilier people will be there. at Cherrcl yn Elementary . (iv) Council Member Waggoner said we had a letter from the Transit Alliance about Transit Alliance membership . lbcy suggested a membership fee for mW1icipalities at $60 .00 per l11ousand popul ati on . He said be would like to sec us become a member of the Transit Alliance . We arc on an annual bud get. so if "c sec that ii does ROI do wha1 we think ii should. then we would not have to fund it Ilic nex1 )Car . " I • 0 • • • Englewood Ci ty Council June 7. 1999 Page 22 I• ' •,. .. • • --.. ... COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO FUND A TRANSIT ALLIANCE MEMBERSHIP FOR AT LEAST ONE YEAR. Council Member Bradshaw said she feels we should wait and see what happens . as she feels it is just another layer of govenunent and she does not like to suppon lobby groups. Mayor Bums said he would like to speak in fa vor of it. He said he knows a lot of the people in volved in this and they are focused on transiL as we are in this city with our transit oriented development. He said he agrees with Mr Waggoner that. if wc join it. wc should take a close look at it during the first year of operation and see whether we think it is useful . and if not. wc can drop the membership. Council Member Nabholz asked if he had not said that this was pan of the original. when the City went down before RTD that wc would suppon the Southeast Corridor if they gave the suppon for our project . Mayor Bums asked 1f she meant five years a go. Ms. Na bholz sai d yes. May or Bums said we had talked to al l the cities that were invol ved in the initial discussion and voting at DR COG on th e a pprova l of the So utlmcst Co mdor This is focused on tl1 c whole metro area. Council Member Bradshaw said her concern was 11~11 the people "ho arc going to be impacted by Ili c next li ght rml spur are not even members yet. Mayor Bums said that is a good question. It may be that they arc just so in volved in tl1e Southeast Corridor now that they are just intensely involved in it. He said he is not sure "hy some of them are not on this lener. but he said he was sun: they are asking them to be on it . Council Member Habenicht said to shed some light on tliat . those communities tltat we worked with to get strong suppon for us when we were trying to get the Southwest Corridor. arc the cities 11~11 arc renected in membership in this Transit Alliance. specifically Arvada and Golden . Council Member Garrett said he will be voiing no for tltis. but will be a strong supponer of those communities. He said he just does not believe tl1is is ll1e right forum at this time . Vote results: Ayes : Na ys: The motion carried. (v) Council Members Nabholz. Habenicht . Waggoner. Graz ulis. Burns Garrett. Bradsl~1w Council Member Habenicht : L She l11ankcd whoever put l11e infonnation out about l11e impact l11at l11e ans ha ve on revitali zing do\\11lown . She said she thought she would call attention to it because she did not put it l11ere , and she lltinks it is pretty neat and agrees with it . 2. She said they did have a lener in the infonnation packet lltat came from someone in Denver. It addresses the noise issue and l11ese big booming. booming. booming. She said she feels there is a health issue involved and she would really like to sec us look into lliat. She said she has mentioned it before and is not sure what ll1e right thing to do is. but feels it is problematic. She said site wonders if it affects people with pace makers. Mayor Bums said we do have a noise ordinance. and lite letter was a litlle bit strong. Ms . Habenicht said she does not agree with the letter per se. but feels it is an issue and would like to sec us look at it. • '· I • 0 • • • / Englewood City Counci l JWJC 7. 1999 Page 2 3 ;. ~-. . ·~ .. • .. • •• .. ... Council Member Grazulis said especially those who live around stop signs. where it is there for a longer while than just passing lhrough. Ms . Habenichl said this pulsating can get things rattling. like an eanhquake . • • • * * Council Member Grazulis said she does not know wha1 the policy is regarding the blackened windshields and wha1 die 11w is . At one time it used 10 be DOI the front "indshields. just the back ones. and now there are more and more can where you can DOI see the driver. With today's situations. that could be very dangerous. she said. and she was just wondering what the regulations were regarding that in Englewood. Mayor Burns said it is an issue and a little disconcerting to look into a car where you can not tell what the driver is looking at. whether he secs you or not. City Manager Scan said we can do some follow up. Lieutenant Wicks said he would research it and ge t back to them. 13. City Mana~r's Report (a) City Manager Scars rcponed on l11e redeve lopmenl of Cinderella Cit~ He said Ilic twin T's have been ordered. and tliat is moving ahead. We have had some very good mec1ings. he said. 111cluding IJ11s aft ernoon with Wal-Man representatives in particular. They really want to push this along to get thi s closed. and they are going through very detailed infonnation to get all l11e agrccmenis put together. he ad\'ised. 11lat is very encouraging from that side. we arc working through the issues and l11e project is moving along. he said. Council Member Waggoner said it seems like we ought to be able to get IJ1e developers a list of tenants before long . Mr. Scan said we will work on that. 14. City Attorney's Report City Attorney Brotz man did not 11.1,·c any matters to bring before Council . 15. Adjournment MAYOR BURNS MOVED TO ADJOURN. 1l1e meeting adjourned at 9 :45 p.111 . • •, '· ' I • 0 32X - • • .. --• ./ .. • -.. 08 1 18 /11 WED 14 :58 FAI 303 CARTER BURGESS SE PROJ . Here se the apeakina points that Lany Wll'llCI', our Soutlalt Corridor Project Director, will be ....... at the June 21 Elpwoocf Cay Counc:il meeting : I. An oveniew of the Sourbeac Corridor project. 2. A deacription ofwbat we're pramlina to the neipborbood meelinp which will include on the ..... -• imroduclion to die So!lheut Corridor. • die EmlirAN! .... lmpllc:t Stllmmt and the Public Involvement Procela -die lite 11181:don proce11 fbr lelec:tins a lipt nil maintenlnc:c and operllionl facility -die propan requinmentl fur wbar 11Je1 into the mainenance and operations facility 3. The dec:ilioa proce11 to fbllow and move &xwvd with . 4. The need to put topther a workmg committee with representation from staff and council from bodl E.np'M>Od and Denver to work tbroush the ilSUeS in choosing a site. Aside &om Larry, Ahmad Fuel from RlD has been invited . Also in attendance to help answer queationa will be myselt: u well u Randy Pierce and Marte Sbotkowski from our Project Team. '· . '> ' 0 i!002 6 b ) I . 0 32X - .. ~ --• ~ \ .... .. .. . .. • . .. • ' ., .. ~ECEIVED JUN 211999 June 21, 1999 Ct f y Ml-\1\IAGt:HS OFFICE ENGLEWOOD. COLORADO Mayor Tom Burns Members of Englewood City Council 3400 South Elati Street Englewood, CO 80110 This letter is to request that we be allowed to use an existing water tap credit for the depot /museum . Rather than connect to the old line located to the east, it is our desire to tap into the new line installed by the Parks and Recreation Department. We have discussed this with Stu Fonda and Jerrell Black and they are both supportive of our request. Thank you for your support. Jerry Slack, President For the Board of Directors ,, ~ .. ' .. ' I • 0 32X - • • .. " • 't .:· ..... . -- PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-8CHEDULED VISITORS DATE: JUNE 21, 1999 ... NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC .. . . .. ', • I , l ) I· 0 32X -- • • .. ,, • I• .. ·~ • • ' Good Evening - My name Is Gary Kozacek -1260 W. Oxford Ave-(303) 781-8065 I'm hereto address a problem w Ith parking enforcement around Swedish Hospital. While I was In getting a haircut at the shop at the S.E. corner of Pennsylvania and Old Hampden, the business owner called to have a car ticketed that had been parked for 4 hrs ( In a 15 minute loading zone ). She got no response -another business owner from the consignment shop south on Pennsylvania called regarding the same car. When the officer finally responded, I went out to talk to her regarding the problem -she stated that the parking enforcement position had been eliminated as It was no longer "economically feasible". Comment was also made that It Is easy for Swedish employees to get their parking tickets dismissed. This area Is problematic for numerous reasons: 1.) 2 hr parking on both East and West sides of Pennsylvania 2.) 2 apartment buildings In the block between Old Hampden and US 285 -both with limited parking. I 1 I 3.) Church parking lot on east side -unavailable for use by general public. 4.) Numerous curb cuts for houses and businesses along both sides making It difficult to park anywhere. A II of these Items make it difficult to the business owners In the area to have their customers park close In. This Includes Swedlsh's own thrift store on the Southwest corner. I ended up parking 1 1/2 blocks away this time. There are constant problems with long term parking In the 1 5 minute "loading zone" on the east side of Pennsylvania near the corner of Old Hampden. On the day In question, three cars were finally ticketed -two were so close to the corner that they were blocking the handicapped ramps. I'll supply you with pictures to show this Is not a one-time occurrence, but that It seems to happen all the time. My question Is: 1 s Swedish In compliance w Ith regard to the number of parking spaces required based on the volume of people using the three medical office buildings, the hospital, the rehabilitation center, and all of their employees (all shifts)? • • Are they Including in their total number the parking lot that they lease from the Englewood Masonic Temple for their employees? There Is a long history of parking difficulties around the Swedish area. Kells, do you remember the complaints from Harold Woods on S. Washington regarding his problems with Swedish employees parking across his driveway. And what about Jim Zadie In the 3300 block of S. Pennsylvania, In the 2 hr. "Special Permit" only zone. He was ., ... I· 0 - • • • --• . .. • ... ' .. -.. " -2. - conatantly having problem• with Swedlah employee• parking In front of hi• houae to where he couldn't even park there after he got home from work. Seema there ahould be a aolutlon of aome aort to th••• problem•. 1.) How about doubling the fine• for overtime parking In Hoapltal Zonea? Thia could be done In achool zone• alao -even though there doean't •••mt o be a problem enforcing the parking In the 2 hr. "Special Permit" zone• around Englewood High School -How many ticket• were laaued during the re ent graduation rehearaal at EHS? 2.) How about reducing the time to 1 hr for on-atreet parking In the area• that are now currently 2 hr. In the area of the hoapltal? Thoae peraons needing to be In the area for longer than that should be using the parking garage• anyway. -Of course, th la won't work uni••• the time• are enforced. It would aeem that the City Is more Interested In serving notices to realdents whoae weeds are too tall, trees are hanging over the atreet, and Juat general "nulaance-type" Items. Wouldn't we be better "aerved" by enforcing aome of the parking problems. After all, the police are here to "Serve and Protect" aren't they. I'm aubmlttlng th••• photograph• with this presentation to better llluatrate the problem. I'd llke to eapeclally ahow this one that shows a peraon dreaaed In a medical-type smock who parked next to a fire hydrant. She took out what appeared to be an old parking ticket and replaced It on her vehicle before proceeding toward the hoapltal -It would ... m that ahe thought this would keep her from getting a new ticket. I'm aure thla la not an Isolated Incident -the balance of the photograph• ahow other problems In thla aame area. Thank you for your time and trouble-I'll look forward to hearing from you . • ... ~· ., .. ~ ' ~ .. . > I . 0 32X • t • .. • ,,,...... • .. ' / ... , .. .. •. :·.~-.. • • ... .. 8. ~Swedish T Medical Center SOI East Hampdm Avmu~ Engl,ewood , Colorado 80110 303 . 788 .5000 JWlC l , 1999 Harold W. Celva Executive Director .JUN 07 1999 CITY MANAGEHS Off1CE ENGLEWOOD. COLORADO Englewood Downtown Development Authority 333 W. Hampden Avenue, Suite 602 Englewood. CO 80110 Dear Harold: It is with regret that I inform you that I am resigning my position on the Englewood Downtown Development Authority Board of Directors. I thank you and the other Board members for the opportunity to help carry out the mission of the EDDA . It was a pleasure serving on the Board . Thank you again and best of luck to the future success of EDDA. Sincerely. /• ,)' / ..-:--t,,-4) ~1 ,;;t.{_ Robert E. Powell REP :aw ./cc: Thomas J . Burns , Mayor of Englewood , . .. • I . 0 2 .x: I - • .. r----------------------------------- / ORDINANCE NO ._ SERIES OF 1999 ,. • • - BY A THORITY .... COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTIIORIZING ACCEPTANCE OF A $7,500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) SUCH F UNDS 'NILL BE USED FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION . WHEREAS, in 1990 the City of Engle wood a pplied to t he Co lor ado Departm e nt of Local Affairs and was granted . Enterprise Zon e status for a majo rity of t h e industrially and co mmercially zoned property in the City of En gle wood : a n d WHEREAS , the South Broadw ay co rridor a nd t he Ci nde r ella City s ite r ece1,·ed Enterprise Zone designation e ffective July 1, 1998 : a nd WHEREAS , the Department of loca l Affairs h as a co m pet1t1ve grant program fo r Enterprise Zones, which provide s m a rketing a nd admim str at1ve s upport : and WHEREAS , this is t he 4,h year in which the. eig hborhood and Bus m ess Development Departme nt of t he City of Englewood ha s appli ed fo r and re ce 1,·ed s uc h funding ; and WHEREAS , the Ente rprise Zone i s used in the City as a velucle fo r bus iness r etention; and WHEREAS, by e ncouraging businesses to take advantage of Enterprise Zon e tax credits, an opportunity 1s created for businesses to strengthen o perations t hrough reinvestment of these dollars back in their business ; and WHEREAS , the Colorado Department of Local Affair s r eqw.res that t he City provide matching funds to meet grant requirements ; and WHEREAS, the Contract between the Colorado De pa rtme nt of Loca l Affair s a nd the City of Englewood pledges $7,500 in local matching fund s to m eet tlus o bligation ; and WHEREAS , this Grant and the matching fund s will be used for Enterprise Zon e marketing and administration in the City of Englewood ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $e<;tion 1. The Contract between the Colorado Department of Local Affairs, Economic Development Commission for the acceptance of a $7,500 Grant to be used for Enterprise Zone Marketing and Administration and the City of Englewood is attached hereto u Exhibit 1. -1- · . 10 b 1 ) I • 0 . ]- • • .. • ./ .. :· .. .,. 'f • ... Sectjon 2. The Contract between the Colorado Department of Local Affairs, Economic Development Commission for the acceptance of a $7 ,500 Grant is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood. Section 3. The City Manager and the Financial Services Director are authorized to transfer matching funds from the General Fund Unreserved Fund Balance to the Neighborhood and Business Development Budget of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th day of June , 1999. Read by title and passed on final reading on the 21st day of June, 1999. Published by title as Ordinance No._, Series of 1999 , on the 25th day of June , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 1999. Loucrishia A. Ellis -2- ,. . ... .,, .. ' ) I • 0 • • • • • - EDC #396 CONTRACT .. ... DEPARTl.1EUT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER E X H I B I THIS Contract, made this_ day of ___ 19~. by and between th e State of Co lorado for the T use and benefit of th e Department of Local Affa irs, Economic Development Commiss ion ("E.D .C ."), 1313 Sherm an Street, Denver , Co lorado 80 203 , here inafter refe rred to as the State. and Citv of Ena lewood . 3400 So . Ela ti St.. Enalewaod CO 8011 O • herein aft er referred to as the Co ntrac tor. WHEREAS , authority ex ists in th e Law and Funds have been budgeted . appropriated and otherwise made ava il ab le and a suffic ient un encumbe red ba lance th ereof rema ins ava il ab le far pa ym ent in Fund No. 156 , App rop . Cade 902 . Org . Un it EBAO • GBL . Contract Encumb. No . E9EDC396 : and WHEREAS , req uired approval, clearance and coordination ha s been accomp li shed from and with appropriate agenc ies ; and WHEREAS , the .State desires to promote econom ic developm ent in Colorado by ass ist ing loca l communities in expand ing th eir econom ic base : and WHEREAS , pursuant to 24-46-101 to 10 5 , C .R.S . 1987 . he Co lorado Econom ic Developm e nt Fund is created , and is to be adm inistered by the Depa rtm ent of Local Affairs: and WHEREAS , applicati ons for distributions fro m th e Colorado Eco nom ic Develop ment Fun d have bee n rece ived by the Economic Development Com mi ss io n: and WHEREAS , the Econom ic Deve lop ment Co mmi ss ion has re viewed and recomme nd ed to t:i e Governor that the project describ ed in th is co ntract be fin anced w ith a grant and WHEREAS , the Governor has authoriz ed expend iture of money from the Econom ic Deve lop ment Fund to finance the project described in thi s co ntract: and WHEREAS , the Contractor is an eli gibl e recip ient of Co lorado Economic Development funds : NOW THEREFORE it is hereby agreed that: 1. Area Covered . The Contractor shall perform and accomp li sh a ll the necessary work and services provided under th is Contract, as described in the attached Exhibit A , wh ich is incorporated herein and made part of this Contract by reference, in connection with and respecting the fo ll owing area or areas : Arapahoe County 2 . Scope of Services . In cons ideration for the monies to be received from the State , the Contractor shall do , perfonm , and carry out, in a satisfactory and proper manner, as determined by the State , all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A , hereinafter referred to as the "Project". Work perfonmed prior to the execution of this Contract shall not be cons idered part of this Project. 3. Responsible Administrator. The perfonmance of the services required hereunder shall be under the direct supervision of Art Scibelli , an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. Page 1 of 7 Pages 1 . , I • 0 - • • -• .. p --·· • '' • ·~ • -... ... 4 . Time of Performance. Th is Contract shall become effecti ve upon proper execution of thi s Contract. The Proiect cont emplated herein s hall comm ence as soo n as practicable aft er th e execut io n of thi s Contract and shall be undertaken and performed in the sequence set forth in the "Time of Perform ance" in the attached Exhibit A . No Economic Development Comm iss ion Funds provi ded under th is contract w ill be expended prior to the full execut ion of thi s contract T he Contractor ag rees th at ti me 1s of the essence in th e performance of its ob li ga tions under th is Contract , and th at comple tion o tn e Proi ect s ha ll occur no later th an the termination date set forth in th e "Time of Pe rformance ." 5 . Comoensation and Method of Pa v ment . T he State ag rees to pa y to th e Contractor, in cons ideration for the work and serv ices to be performed . a tota l am ount not to exceed SE V EN THOU SAN D F IVE HUNDRED AND N0/100 DOLLARS {S7.500). T h e method a nd time of payment s ha ll be m ade in accordance with th e "Pay ment Schedule " set forth in Exhibit A . 6 . Account!n o . At all times from the effective date of thi s Contract until c omp letio n of th is Proj ect , the Contractor sha ll ma 1nta 1n properly segregated books of State fun ds . matching fund s . a n d oth er funds associated w ith th is Proj ect. All rece ipts and e xp e nd itu res associated w it h sa id P roj ect s h a ll be documented in a deta iled and specifi c manner, and shall accord with th e "Budget'" set forth in Exh1b1 t A . Contractor may ad j ust budge ted exp end iture amou nts up to ten percent (10 %) w ith in sa id B udget w ithout approval of th e State . Adi ustme nts of budget e xpend iture am ounts in excess of ten percent {10%) must be au th orized by the State in an amendment to th is Contract properly e xecuted and approve d purs ua nt to th e State F iscal R ules . tn no even t s hall th e State's tota l consideration exceed th e amount shown in Paragraph 5 above. a . Unless oth erwise provi ded in this Contract. if Ex hibit A p rovides fo r more th a n one payment by the State , the initia l payment set forth in the Pa yment Sch edule sha ll be m ade as soon as practicable afte r proper execution of th is Contract. The Contract or s ha ll in it ia te all subseq uent paym ent requests by submitting documented proof of prope r e xpen d iture of State fund s thus far received t o a co ntract monitor des ignated by the S tate . b . Th e Contractor shall request th e fin a l payment, which is th e amou nt w ithhe ld by th e State until the Pr oject 1s comple te , fo r th e Proj ect by submitt ing to the contract m o n itor a detail ed cost accountin g of all State fun ds received and expended towards comple tion of the P roject. Upon determin in g to its sat isfact ion th at all fund s rece ived by th e Contract or hav e been property spent towards accompli shment of th e Proj ect , the State s ha ll promptly make fin a l pa yme nt to the Contractor. c . W ith in ninety (90 ) days of complet ion o f the Project, the Contractor s h all s ubmit to th e contract monitor a detailed cost accounting of expend itu res of th e fina l payment r eceived from the State. Any State funds not expended in connection w ith the Proj ect s hall be remitted to the State at that ti me. 7 . Audit. The State or its authorized representative shall have the right to in spect, examin e , and audit Contractor's records. books and accounts , including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary aud it may be called for at any ti me and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours . Whether or not the State calls for a discretionary audit as provided for in this paragraph , if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Economic Development Commission in the Department of Local Affairs . Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. Page 2 of 7 Pages • ... I • 0 • • . . •' --. • • - .. 8 . Personnel. The Contractor represen ts th at he has , or wi ll sec ure at his own expense, unless otherwise stated in Exh ibit A . all person nel, as e mployees of th e Contractor , necessary to perform th e work and services requ ired to be performed by the Contractor under th is Contract. S uch pe rsonnel may not be employees of or have any contractu al re lat ions hip w ith the State and no such personn e l are e li g ib le for any employee benefit s. unem ployment compensat ion or any other benefit s accord ed lo state emp lo yees and Contractor agrees to indemnify th e state for any costs for which the state may be found li ab le in these regards . Contractor shall pa y w he n due all req ui red emp loyment taxes and income tax w 1thholo in g . Ali of the services required here un der will be performed by the Contractor or und e r hi s superv1s ;on. a nd all personnel engaged in the work s all be fully qualtfiec and sha ll be a uthoriz ed und er Slate ano local la w to perform such services . 9 . Workmen's Co moensation Co veraae . T he Contractor is re spons ible for pro 1d1 g forkmen's Compensation Coverage and Une m ploym ent Compensation Coverage for all of it s employees to th e e xtent requ ired by law, and for provid ing s ch coverage ior th em selves . a nd fo r pro ic in g such co erage or requiring it s subcontractors to provide sucn co ve rage for th e subcontractor's e mp loyees . I no ca se is th e State responsible for providing W orkm en's Com;iensa tion Coverage for an y emplo yees or subccmrac tors of Contractor pursuant to th is Agreer.,en t. and Contractor agrees to indemn ify the Sta te for an y cos l s for wh ich the Sta te may be found liable in thi s regard . 10. Termination of Con trac t for Con venie nce oi Eith er Party . Either th e State or th e Con·~acto r may terminate this Contract at an y time :he party determines that the purpose of th e Con tr act wou ld no longer be served by completion of th e Pro1ect. The party des irin g to terminate the Contract sha ll effect such t erm ina tion by g iv ing written notice of termina tion to th e other pa rty and specify ing the effective cate th e re of. a t least th irty (30) days prior thereto . In th at e vent , all fini shed or unfinished documents and other m ate ri als sha ll, at he opt ion o f the State, become its pro perty . Co ntraclor shall repay fun ds acvanced a nd not ex pendec in accordance with the terms of th is contract . Co ntractor sha ll not be re li eved of any ob li gations to repay fun ds advanced as a loan , notwithstanc ing any term ination of th e contract fo r convenience . 11. Termination of Contract for Cause : Repayment of Advanced F und s a . If, through any ca use , the Con tractor shall fa il to fulfi ll in a timely an d proper manner its obligations under thi s Contract , or if the Contractor shall v iolate any of the cove nants , ag reements , or sti pulations of th is Contra ct . the State shall thereupon have the right to te rminate thi s Contract for cause by g ivin g written notice to the Contractor of such te rmination and specifying th e effective date th ereof, at least fiv e (5 ) days before the effective da l e of such te rmin ation . In tha t event, a ll fin ished o r unfin ished cocuments , data, stud ies , surveys , drawings. maps, mode ls , photographs . m edia contracts and report s or oth er m ateri a l prepared by the Contractor under thi s Contract shall , at the option of the Sta te , become its property; and the Contractor shall be entitled to rece ive just and equitable compensati on for an y satisfact ory work comp leted on such documents and other materials . b . Notwithstanding the above, the Contractor sha ll not be relieved of liab ility to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor. and the State may w ithhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined . c . If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time of termination. 12. ~-The State may , from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto, including any increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A , and contractor Page 3 of 7 Pages I • 0 • • -• .. ~ ..-· • ./ .. • • ' may make adju stments of less than 10 percen t in budget line items as provid ed for in section 6 of thi s Contract. 13 . Reports . At least two (2 ) copies of all reports prepared as a result of the Proj ect will be sub mitt ed to the Economic Deve lopment Comm iss ion in the Department of Local Affa irs w ithin two (2) weeks of comp leti on of such reports . 14 . Conflict of Interest . a. No employee of the Contractor shall perform or prov ide part-time se rv ices for compensat ion. monetary or otherwise , to a co nsultant or co n su ltant firm th at has been reta in ed by the Contractor under the authority of this Contra ct. b . The Contractor agrees that no person at any time exercising any fun ction or res pons ib ility, in connecti on wi th the elements of th is proj ect th at are fin anced w ith Staie fund s , on behalf of th e Contractor shall have or acqu ire any personal fin ancia l or econ omi c interes t, d irect or in direct , wh ich will be materially affected by thi s Con tract, except to th e extent t at he may rece iv e compensa ti on for his performance purs uant to this C ontr act . c. A personal fin ancial or economic interest incluces , but 1s not lim it ed to : d . i. any bus iness entity in which th e person has a direct or in direct monetary interest; ii. an y rea l property in wh ich the person h as a direct or in direct monetary int ere st ; iii. any sou rce of in come . loans , or g ifts rece iv ed by or promise d to the person w ithin twelve ( 12 ) months pri or to the execution date of th is Contract; iv. any bus iness entity in which the person is a dire ctor, officer. general or limit ed partner, trustee , employee , or holds an y pos iti on of m anagement. For purposes of th is subsection , ind irect investmen t or interest means any inves tm ent or in terest owned by th e spouse. parent, b rother , sister , son , daughter, father-in-law, mother-in-law , brother-in -law, sister-in-law, son-in-law . or daughter-in-law of the person by an agent on his /her behalf, by a general, li m ited, or s il ent partner of the person . by any bus iness ent ity controlled by sa id person , or by a trust in w hi ch he /she has subs:antial in terest. A business entity is controlled by a person if that person , h is/her agent . or a relative as defined above possesses more than fifty percent (50 %) of the ownersh ip interest . Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars (S1 ,000 .00). In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement sett ing forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 11 above. Failure to file a disclosure statement required by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the State. 15 . Compliance with Applicable Laws. At all times during the performance of this Contract. the Contractor shall strictly adhere to all applicable federal and State laws that have been or may hereafter be established . Page 4 of 7 Pages .. ' I • 0 .. • ..,. .. • • .. •, 16. Subcontracts . Cop ies of any and all s ubcontracts entered into by the Contractor to accompli s h this Proj ect will be submitted to th e Department of Local Affairs upon execution. Any and all co ntracts entered into by the Contractor s hall comply w ith a ll applicable federal and Colorado state laws and sha ll be governed by the laws of th e State of Colorado notwithstand ing provisions therein to the contrary . 17 . Severability . To the extent that th is Contract m a y be executed and performance of th e obligati ons of the parties may be accomplis hed within the intent of th e Contract. th e terms of th is Contrac, are seve r able . and should any term or provis ion he reof be declared inva lid or become inoperative for any re ason. SL.Ch invalid ity o r fa ilure shall not affect th e valid ity of a ny othe r te rm or provis ion hereof. T he waive r of any bre..:ch of a term hereof sha ll not be construed as waiver of any other te rm . 16 . B indino on Successors . Except as he re in otherwise provided. th is ag r eem ent s ha ll inure to th e benefit of and be bind ing upon the parties . or any subcontractors hereto, and their respect ive s uccessors and ass igns . 19 . Assignment. Neither party, nor any s ubcontract ors hereto, may assign its rights or duties under th is Contract w ithout the prior written consent of th e other party. 20 . Limitation to Particular Funds. The parties he reto expressly recogn ize that the Contr acto r is to be paid , reimbursed. or otherwise compensated w ith funds provided to the State for the purpose of contracting for the services provided for herein , and therefore . the Contractor expressly understands and agrees th at a ll its rights. demands and claims to compensati on arisin g under th is Contract are contingen t upon rece ipt of ~uch funds by the State . In the event that such funds or any pan thereof are not received by th e State . the State may immediately terminate this Contract . 21 . Minority Business Enterpri se Partic ipati on . It is the po li cy of the State of Colorado th at m inority business enterprises shall have the maximum practicable opportun ity to partic ipate in the performance of it s construction grant contracts . The Contractor agrees to use its best efforts to carry out this poli c y to the full est extent practicable and consistent w ith the effic ient performance of this Contract. As used in this Contract, th e term "minority business enterpri se· means a business , at least 50 percent (50 %) of wh ich 1s owned by minority group members or , in the case of pub li cly owned businesses. at least 5 1 percent (5 1%) of the stock of which is owned by minority group members . For the purposes of this definition . minority group members are Negroes or Black Americans . Span 1sh -speak1ng Americans . Asian Americans . American Indian s . American Eskimos and American Aleuts . T he Contractor may rely on written representations by b idders . contract ors. and subcontractors regarding their status as minority e nterprises and need not cond uct an independent investigation. 22 . Parties' Relationship . Except w ith respect to its fiduciary obligations to the State set fonh in Exhibit A. the Contractor shall not be deemed an employee or agent of the State . No agent or employee of Contractor shall be or shall be deemed to be an employee or agent of the State, other than for purposes of compliance with the fiduciary obligations to the State in Exh ibit A. Contractor will be solely and entire ly responsible for its acts and the acts of its agents , employees and subcontractors during the performance of this contract. Page 5 of 7 Pages • · . ) I • 0 2 • • - .. • ,,-. • • • SPECIAL PROVISIONS CONTROLLER"$ APPROVAL 1. Th is contract sha ll not be deemed vali d until 1t shall have been approved by the Controller of th e Sta te of Colorado or such assistant as he may ces1c;nate . This provision is app li cable to an y contract involving the payment of money by the State . FUNO AVAILABILITY 2. Financia l ob li gations of the State of Colorado pa yable after the current fiscal year are contingent upon funds for that puroose be •ng aoorcanateo :ad<;eted and othelWise made avail able . BOND REQUIREMENT 3. If this contract involves the payment of more than fifty th ousand doll ars for the con stru cti on . erection . repa ir . mamterance, or 1rr:oroverren: of any bu il ding , road , bndge, viaduct . tunnel. excavation or other public work for this State , th e con tractor sha ll. before entenng upon the ;,erformance of an y sue." wo rk included in th is contract . duly execute and deli ver to the State offici al who will s ign the contract, a gooc and suffic:en t bond or otner a::cepta:J le surety to be approved by said official in a pena l sum not less than one-ha lf of the total amount payaole by the te rms of this contra ct. Suen bond sha ll :ie du ly executed by a qualified corporate surety , conditioned upon the fa ithfu l performance of th e contrac: anc ,n aod1bon. snail pro, :ce t at I Lie contrac:cr or 1s su:>con tractors fai l to duly pay for any labor. matenals . team hi re . suste nan ce . prov1s1ons . provender or othe r su;:,o li es used or consuneC ~Y suet. c::ntractcr or hi s subcontractor in performance of th e work contracted to be done or fai ls to pa y any perso n who su:,;,l1es re nta l machinery . tools . or eau 1pment 1n th e prosecution of th e work the surety will pa y th e same in an amou nt not exc eedin g tne sum specified in th e bond . together With mterest at th e rate of eisht pe r cent per annum. Unless such bond is executed , deli vered and fil ed , no cla im in favor of the contractor a nsmg under such contra ct sha ll be auduec . allowed or paid . A certified or cash ier's check or a ban k money order paya ble to th e Treasu rer of the State o f Colorado r:i ay be ac:epted 1n li eu o' a :Jone . Th is prov1s 1on 1s ,n ccmpli ance with CRS 38-26-106 . INDEMNIFICATION ,. To th e extent authorized by law . the contractor shall indemn ify. sav e and hold ha rmless the S tale , ,ts employee s and age nts . ag:a 1n st any ano all claims . ca rn ages . liabil ity and court awards including costs , e xpenses . an d attorney fees in curred as a res ult of any act er omiss ion :>y the c:,ntrac:or , o ts emp loyees , agents , subccntractors , or ass ignees pursua nt to the terms of this ccntract. DISCRIMINATION AND AFFIRMATIVE ACTION 5 he contractor agrees to ccmply wi th th e letter and spirit of the Colorado Anti d1scnm1n at1on Act of 1957 , as a mended . and other app hcaJle law respecung discnmination and unfair employment practice (CRS 24-34-402), and as required by Exeru ve Oroer, Equa l 0Jportunity anc Aff1rmat1ve Ac:,on . dateo Apnl 16, 1975. Pursuant thereto , the following provisions sha ll be contain ed in all State contrac:s or sub-contracts. Dunng the performance of this contract. the contractor agrees as foll ows : (a) The contractor will not discriminate aga inst any employee or appli ca nt for e mploymen t because of race . creed , color. nation al ong1n , sex , manta ! sta tus , rehg1on, ancestry , mental or ph ysical handi ca p , or age . The con trac:or will take affirmauve aet1on to ins ure that appli ca nts are employed , and that emJloyees are treated dun ng employment, without regard to the a bove mentioned characteris ucs . Such action sna il in clude , but not be limuec to the fo ll owing · employment. upgrading . demotion. or tra nsfer. recru itmen t or rec:uitment ad ve rtisings : lay.offs or term in ations: rates of pa y or other forms of comoensatJon ; a-d se lec-Jon for tram1ng , including apprenu cesh ip . The contractor agrees to post 1n conso1cuous places , avai lable to employees and app li ca nts for emp loyment. nouces to be provided by the contracting officer setting forth provisions of th is non-d 1s cnm1 nauon cl ause . (~) The ccntra c1or w:11 , 1n all sohci ta uons or advertJseme nts for employees placed by or on behalf of th e contractor. state th at all qua li fi ed appli ca nts wi ll rece ive ccns1c erauon for employment without regard to race , creed , color. national ori gin, sex . manta! s tatus . re li g ion . a ncestry. mental or ;,hys1ca l handi cap , or age . (c) The contra ctor will send to each labor union or representative of workers with wh ich he has a ccllee'jve bargaining agreement o r oth er cont ract or unde rstanc,nc . notice to be provided by the contracting officer, advising the labor union or workers· representative of the contractor's commitment under th e Execu ve Order, Equal Opportunity and Affirmative Action , dated Apnl 16 , 1975 , and of the rules , regulauons , and rele vant Orders of th e Governor. (d) The ccntractor and labor uni ons wi ll furni sh all information and reportS retiuired by Executive Order , Equal Opportunity and Affirmative Action of April 16 . 1975, and by the ru les , regu lauor.s an d Orders of the Governor, or pursuan t thereto, an d will permit access to his books . reccrds , and acco un ts by the ccntracung agency and the office of the Governor or h is designee for purposes of investigauon to ascertain c,:,mp li ance with such rul es , regu lations and ord ers . (e ) A labor organization will not exclude an y in dividual otherwise qualified from full membership rights in such labor orga nization , or expel an y such in dividua l from membership in such labor organization or discnminate aga 1ns1 any of its members in the fu ll enioyment of wori< opportunity, because of race , creed , color, sex. national origin , or ancestry. (f) A labor organization . or the employees or members thereof will not a id , abel incite, compel or coerce the dorng of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any onjer issued thereunder. or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Rev ised 1 /93 395-53-01-1022 • Page~6_of~7_Pages .. I • 0 ·]- • • ,. ... '• .. .. .-• .. • • A \9 ) In th e event of the contrac:or's ncn-como11 ance w1tn L"'le non-0 1scnmination cl auses of tn1s contract er with any sucn rul es . regulations . or orcers. :.1 1s , c:ntrac: may oe canceled . terminated or susoended 1n whole or in oan and the contrac:or may oe dedarec ineligible for further Sta te contracts 1n ac:.:::rcar::.e with prcceoures . authonzed 1n :.."<ecunve Creer. Eaua l Oo:iort".Jn1ty and Affirmative Action of Apnl 16 . 1975 . or by rules . regu lations er :>rcers prcmu lo;a:ec in ac-...ordance therewith. and suc.ri otner sanctions as may oe 1moosed and remedies as may be invoked as provided 1n Executive Orcer Eoual O:,oonunitv and Affirmative Ac!lon of Apnl 16. 1975, or :,y ru les . regula uons or crcers promulgateo in ac=rdance tn erew,th . or as otherwise pro v1 ceo by 1aW . · (h ) The Contrac!or'MII include the prov,s1ons of paragraphs (a ) lllrough {h) in every sub<entract and subcontractor purchaseoroerunless exemptec Cy CJ !es. regulations. or orders issued pursuant to Executive Order. Ecual Opportunity and Affirmative Ac-jon of April , 6. 197:. so that sue.~ prov1s1cns wi ll ~e 01nc mg upon each subccntractor or vendor. The contrac:or wdl take such action with respea to any sub-contractin g or purchase order as the contrac-ong agency may direct. as a means of enforcing suc."'1 provisions . 1nducin; sanet1ons for non-compliance : pro vu::ed , however. tt:at 1n the event tne contractor :eccmes involved in, or is mreatened w,th , litiga uon . with the subcontractor or vendor as a result of such direction by the contracung agency, the contrac:or may recuest the State of Colorado to enter into sucn liUgauon to protec: the interest of the State of Colcraco. COLORADO LABOR PREFERENCE 6a. Provi sions of CRS 8-17-101 & 102 tor oreference of C:!oraco lacer are aop li cable to th is contrac: if ;,uoli c works w1th 1n the State are uncena,e hereunder and are financed m whole or 1n ;an oy State funds . b. When 2 :::mstrue!icn contract for a pu::il ic ;,reject is to be aware~ to a b1C:der . a res 1Cent !::rdcer sha ll be all owed a ;,reference aga inst a ncn-res1cen: !:ncce r from a state c:-forei;n country equal to the preference ~IVen or ~uirec :;y me state or foreign c:::unay 1n wn 1c.-i tne non-resioent b10Cer is a ies1cen t. If it 1s ce 1erm1rec by the officer responsible for awara in g the t:::ud that comohance w1tri tri1s subsection .06 may ca use oen1a l of federal funds wh 1c, woul::: cr.-:e,w1se t:e ava1la:1e or would ottierwise be inconsistent w ith ~u1rements of c-ecera 1 !av.• ttus sub section sha ll be suscenCed . !:lut only to the extent necessary to prevent cen:a l of:. e moneys or to eliminate the inconsistency with Feceral recuirements (CRS B-1&-101 and 102). GENERAL 7. The laws of the State of Col orado and ru les anc:: regula nons :ssued pursuant !hereto sha ll :Je a~:i!i eC in the mteroretanon . execution , and enfcrcem e rt of this contrac: Any prov1s1on of this contrae.: wnettter or not incor=crated nere•n :,y reference wn ic:, prov,ces for aroitranon :,y any extra•j uc ioal boc'y c~ ;:ers::, er which is otherwise in conflid wsth saiC laws . rules . and reguiauon s snail be cons1cer!!d nun anc void . Ncuimg conta1nec 1n any ::,r:-vi sion 1nc:ir=ora1ec he·::in by reference which purpons to negate this or any other spec:al ;:irov1 s1on in wno1e or 1n oar:: snail ::e vahd or an forceao le or ava 1lac1e 1n an y ac:icn at taw wnetr::· by way of complaint. defense, or otherwise. Any prov isio n re ncerec null anc vc 1C:: :ly u,e ocerat1on of :h is ;:irov,sion will not 1nvalr cate :n e remamcer ct :r;:s contract to ttie extent that the .contract is ca;::ao le of exec:;uon . 8. At all times dunng the performance of :his ccnrrac:. the Con::-ac:ar snail stnctly adhe re tc all acohca~!e :ecera1 anC state laws. rJ les a:id re,;u!a~cns :h a: have been or may h ereafter be establi sned. 9. Pursua n: to CRS 24-30·202.4 {as amended). tr.estate cor.:rnller may w1thno !C: deots o .... ec to s:a:e ai;e:ic:es unC:er u,e :enccr ctfsei 1ntercep: s ~s:e n for : {a ) unpa1c c."'\1\d support deot or ch1Jo s;ippcn: arrearages : {b ) ur:c1c balance of tax . ac c;ouec .r::e,.es:. ~· otner cr:ar;es soec;fied m Artic:e 22. Titl e 29 C~S . (c) unpa iC: loans due :o the stud ent loan aiv1s;on of the ceoar.r-er.t of n,gner ecuca::cn: tc} owe.: ~mcunts reau1re c: to ::ie ~a ,c :c the ·Jnem:•o:,f'i's:-: c::m;:ensati on tune: ar.c (e ) other unpaid ceors owm g to :he s:ate :r any a,ency therecf , the a:.cunt cf ·.vn;cn is fc unc to :Je owm ; as a res~!t cf fin al a;:c'"'c:. de1erm1nabon or reduced to judgement as certified by th e contrc1ler 10 . The si;r:atones aver that th ey are familiar ~v1th CRS ,s.a.:!C~. e:. sec; .. (9n:}ery ano C:r.'1...!=t Ir. ue:--ces} cno CRS i s.s...:o~. et. sec .. (Atcse c t ? ... : ,c Office), and th at no viola tion of such prov 1s1ons 1s pres~nt 11 . The si;natones aver that to their knowledge . no state er.-:;,lo yee hos an. ;:,e!'scnal er ~e nefi c :al interest w h a:soever 1n the service er pr~:e-:; described he rein : IN WITNESS WHEREOF. the parties hereto have executec thi s Contract on the ;;ay first aoove wr::en Contractor: c1n· OF E~GLEWOOD (Fo ll Legal Name) 'ImDas J. Burns P,s1tion (iiUe), __ _.Ma-~-~r _____________ _ 8-l-6000583 (If Corporation:) Attest (Seal) By --------------------- Loucr~.-.. &l,s...&c£!~ Clerk PRE-APPROVED FORM CONTRACT REVIEWER By s-;, -~ 0 ° CO OR.:..DO BILL 0\\ E'.\S. GO\"ER'.\OR Bi ---------------------- For the :.<EC .JTIVE J IF<ECTO R. Bob Bro oks DEPARTMENT OF ______ ~L:o~c~a~l~A~ffi~a~,r~s'---------- AP"ROVALS STATE CONTROLLER Arthur Barnhart By __________________ _ Rose Marie Auten Evan MC!Calf Fann~ "--1111 aG,01-1030 Page J_ w111c1, is the last ot _7_ Pages .. I • 0 3 • '· ~ ,, ,,-- •, • ' .]-"K', . .. . · .. .. • • . ' .... .. -.. EXHIBIT A 0 SCOPE OF SERVICES AND PAYMENT SCHEDULE • • I . 0 . ]- • • lj ·. _J • -------------------------------------------------.. • .. • - EDC# 396 ExHIBITA Colorado Economic Development Commission SCOPE OF SERVICES 1 . Project Description and Requirements The Project cons ists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area . These funds shall be used for the purposes of promotional activities that will market and advertise the advantages of locating a bus iness in the contractor's enterprise zone area. create a positive ident ity for the enterprise zone area. encourage retention and expansion of existing businesses . promote redeve lopment. expand the region 's tourism industry , attract new businesses , and generally enhance the economic grow1h of the enterprise zone area. Such activities shall include the preparation , production , and /or distribution of market research , printed materials . direct mail campaigns , print media advertis ing, trade show promotions , special events , direct bus iness prospect v is itat ion , and other close ly re lated acti vities . No more than 25 percent of these funds may be used to pay for contractor's admin istrative or staff cos ts. Contractor may aliocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone . Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors . The contribution from the Economic Deve lopment Fund under this Contract shall not exceed the amount of local matching funds expended on this project or SEVEN THOUSAND FIVE HUNDRED dollars ($7 .500\. whichever is less . All project costs in excess of th is amount will be the responsibility of the Contractor . Contractor shall match E .D .C . funds used on th is project with at least a dollar-for. dollar cash match from local sources . Local expenditures on enterprise zone marketing projects incurred prior to the effective date of this project but subsequent to July 1, 1998. may be counted toward the matching funds requirement , provided that such expenditures have not been used to meet other state contractual matching fund requirements . 2. Time of Performance The Project shall commence upon execution of this Contract. The Contract will expire on June 30, 2000, except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. EDC # 396 -Exhibit A Page 1 of 2 Pages .. .... .. I • 0 32X J- .. • , ... ~,t ... .. • • ' 3. Budget REVENUE EXPENDITURES E.D.C . Funds $7,500 Market Research , Publications , Advertising , and Direct Marketing for the Arapahoe County Enterprise Zone Program S11.250 Local Funds 7,500 Zone Administration 3,750 TOTAL: $15,000 TOTAL : $15,000 4 . Payment Schedule I. $6,500 One or more payments to be paid upon request and the submission of proper documentation of expenditures of E.D.C. and local funds and work progress . II. 1,000 Final payment to be made upon satisfactory completion of the Project . The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D.C. funds for which payment has been requested and of matching local funds . $7,500 TOTAL Requests for payment will be initiated by the Contractor in accordance with the provisions of Paragraph 6 of the main body of this contract . 5. Monitoring The Department of Local Affairs will monitor this Project on an as-needed basis . s. Reporting Schedule The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E.D .C . funds at the time interim payments are requested. The Contractor will submit a final financial status report properly documenting all expenditures of E.D .C . funds at the time the final payment is requested, in accordance with the payment schedule. EDC I 396 • Exhibit A Page 2 of 2 Pages ,. ., .. .. 0 I • 0 3 xi - • • ~ -• J '.' ,/ ~ .. .. .. -. • • .. ... ~ STATE OF COLORADO EXECUTIVE CHAMBERS 1 )6 Stile Upuo l C)(!nve,. Co lor1do 8020)·1792 Phone ()OJ) 1966·2<1 7 1 Jul y 24, 1998 Ode ll Barry, Chairman Colo r:ido Economic Development Commission 1625 Broadway, #1700 Denver, CO 80202 RE : 1998-99 Enterprise Zone Marketing and Administration Grants Dear Odell: In accordance with CRS 24-46-105 , I have authority to review and approve recommendations by the Colorado Economic Development Com.mission for expenditures from the Economic Development Fund. I have reviewed the enterprise zone marketing and administration grant projects as specified on the anached list and hereb y approve_ the expenditure ofup to a total ofS300,000 from the Colorado Econo mic Development Fund for these projects. Sincerely, Governor Attachment RO\ Rom e r Co"ernor . ' I • 0 3 - • • .. • --• J· ( ·~ • • .. Colorado Economic Development Commission 1998-99 Enterprise Zone Marketing Grants Detail of Funding Recommendations #395 Adams County Economic Development , Inc . #396 City of Englewood (Arapahoe County EZ) #397 Denver Urban Economic Development Corp. #398 East Central Council of Local Governments #399 El Paso County #400 Greeley/Weld Economic Development Action Partnership, Inc. #401 Huerfano/Las Animas Council of Governments #402 Jefferson Economic Council, Inc. #403 Larimer County " ~ #404 Western Colorado Business Development Center (Mesa County EZ) #405 Northeast Colorado Association of Local Governments #406 Associated Governments of Northwest Colorado #407 Pueblo County #408 Region 10 League for Economic Assistance & Planning #409 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ) #410 Southeast Colorado Enterprise Development, Inc. #411 Region 9 Economic Development qistrict of Southwest Colorado #412 Enterprise Zone Trade Show Marketing (East Central COG) .. $10,500 7,500 10 ,500 22 ,000 7,500 10 ,500 22 ,000 7,500 7,500 22,000 22 ,000 22 ,00 0 10 ,500 22,000 22 ,000 22 ,000 22 ,000 30 ,000 $300,000 ' .. . " I . 0 32 • • • ORDINANCE NO ._ SERIES OF 1999 ... .. • ~ -· • • - BY AUTHORTTY .. COUNCIL BILL NO . 39 INTROD UC ED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMlfflNG TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHED LED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING ADDfflONAL CATEGORIES OF THE PREVIOUSLY ESTABLISHED OCCUPATIONAL TA."\ ON LIQUOR IJCENSED BUSINESSES. WHEREAS, the City Council of Englewood, Colorado has determmed that 1t is nece ssary to establish an annual Occupational Tax for the followmg classtfications of Liquor Li ce nses within the City : Brew Pub License. Optional Premise Lice nse , Optional Premise s with Hotel/Restaurant License, and Mini Ba r Permit: and WHEREAS , the Englewood City Council fmds tha t such modifi cation of t he Englewood Municipal Code is necessary because in 1987 the Co de was amended by changing the term "Occupational Fee" to "Occupational Tax·· due t o the limits placed on munici palities by the State in assessing certain fees ; and WHEREAS, Article X . Section 20 of the Colorado Co ns titution requires th at the City have voter approval prior to a new Occupational Tax ; and WHEREAS , the City of Englewood and the Arapahoe Co unty Clerk a nd Reco rder a r e in agreement that procedures may be implemented to coordinate this iss ue ; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Section l. Pursuant to the provisions of law the City of Englewood hereby s ubmits for a vote of the registered electors of the City of Englewood at the 1999 General Municipal Election the following issue and the ballots for said election s hall ca rry the following de signation which shall be the submission clause : SHALL THE CITY OF E NGLEWOOD TAXES BE INCREASED $10,000 (F IRST F U LL FISCAL YEAR DOLLAR INCREASE) ANNUALLY BY IMPOSING OCCUPATIONAL TAXES (WHICH TAXES SHALL ONLY BE IMPOSED ON LICENSE HOLDERS) ON THE FOLLOWING CLASSIFICATIONS OF LIQ UOR LICENSES IN THE CITY OF ENGLEWOOD : BREW PUB LICENSE ($7 50.00 PER YEAR), OPTIONAL PREMISES LICENSE ($650 .00 PER YEAR), OPTIONAL PREMISES LICENSE WITH HOTEURESTAURANT LICENSE ($100.00 PER YEAR). AND MINI BAR PERMIT ($450.00 PER YEAR). YES NO -1- ~ 10 b ii ) I • • • .. • , ....... .. • • .. ... Sectjon 2. Each elector voting at said election and desirous of voting shall mdJcate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Sectjon 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law , and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Sectjon 4. If the majority of the registered electors voting at said election vote ye s for said proposition, the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said registered electors voting at said election. Section 5 If any section, paragraph, clause, or other portion of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this ordinance . Introduced , read in full , and passed on first reading on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th day of June, 1999. Read by title and passed on final reading on the 21st day of June, 1999 . Published by title as Ordinance No .~ Series of 1999, on the 25th day of June, 1999. ATTEST: Thomas J . Burns, Ma yo r 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 Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999 . Loucrishia A. Ellis -2- .. I • 0 32;< ----~------------------~---------- ·J- 1· . -- ./ ORDINANCE NO. SERIES OF 1999 '. .. /' . • • - BY AUTHORITY A BILL FOR .. ' COUNCIL BILL NO . 40 =~C~L AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 . OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST . WHEREAS, this proposed Ordinance amends Title 3-6 . of the Englewood Municipal Code 1985 ; allows the amending of the Englewood No n e me r ge n cy Retire me nt Pi a n to comply with State Statutes , and Federal Guidelines and provi des a Defe rred Retirement Option Plan (DROP) benefit for the participants of tlus Pl a n : and WHEREAS, this proposed Ordinance provides plan particip a nts the option of participating in a Deferred Retirement Option Plan (DROP); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon l. The City Council of the City of Englewood, Co lorado hereby authorizes amending Title 3, Chapter 6 , of the Englewood Municipal Code 1985 , adopting a n amended City of Englewood NonEmergency Employees Retirement Plan a nd Trust. which shall read as follows : CHAPTER6 CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUS T AS AMENDED AND RESTATED EFFECTIVE JANUARY l .~ 1999 3-6 -1 : P URPOSE : Effective as of January l .~ 1999, the City Co uncil of the City adopted the amended and restated Plan, as set forth herein, to continue and replace t he Plan previously in effect. The Plan and Retirement Fund are intended to meet the requirements of Sections 40l(a ) and 50l(a ) of the Internal Revenue Code of 1986 , as amended. The Plan previously known as the "City of Englewood Retirement Plan" shall hereinafter be known as the "City of Englewood Nonemergency Employees Retirement Plan•. The Plan and the eepllt'aloe related Retirement Fund forming a part hereof, were established and shall be maintained for the exclusive benefit of the eligible Employees of the City and their Beneficiaries. -1- • ' . I • 0 - • • , .. .,. .. :· ..... • • ... • - COUNCIL COMMUNICATION .. .. Subject Date June 21, 1999 11 a i A bill for an ordinance adopting the City of Englewood NonEmergency Retirement Plan Document the Plan Initiated By Staff Source rtment Frank G lewicz, Director COUNCILGOALANDPAEVIOUSCOUNCILACTION The City Council discussed this issue at a study session held on September 8 , 1998. Council gave staff direction to proceed with this bill for an ordinance. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the NonEmergency Retirement Plan participants. The ordinance provides plan participants the option of participating in a Deferred Retirement Option Plan (DROP). The Plan document is amended to comply with state statutes, federal guidelines and provide a Deferred Retirement Option Plan (DROP) benefit for the participants. No other alternatives were considered. FINANCIAL IMPACT Based upon current assumption the cost will be approximately $90,000 per year. UST OF A1TACHIIENTS Proposed bill for an ordinance .. .. ', .. I· 0 3 - • • • .. " ,,,,. . • ·~ • • ... No part of the Retirement Fund can ever revert to the City except as hereinafter provided. or be used for or diverted to purposes other than the exclusive b1:nefit of the Employees of the City and their Beneficiaries. This amendment and restatement of the Plan shall not, in any way , affect the rights of former Employees who participated in said Plan and who either retired or otherwise terminated their employment prior to January l .~ 1999. The rights , if any, of s uch former Employees and of their Beneficiaries and the amounts of their benefits, if any, shall continue to be govi>med by the provisions of the Plan a s 1t w as in effect on December 31.~ 1998, or lie date, if earlier, of their retirement or termination of employment, unless s pecifically provided for otherwise herem . 3-6-2 : DEFINITIONS AND CONSTRUCTION: 3-6-2-1: NAME: The retirement income plan as set forth in this document shall be known as the City of Englewood Nonemergency Employees Retirement Pla n a nd Trust and is hereinafter referred to as the "Plan." 3-6-2-2 : DEFINITIONS: Unless the context otherwise requires, the definitions and general provisions contained in this SUBSection govern the construction of this restated Plan. A. "Accrued Benefit" means the benefit determined in accordance with Section 3-6-7 hereof. B . "Accumulated Contributions" means the sum of the Member's contributions to this Plan, credited with interest thereon at the rate of 3.5% per annum . C . "Actuarial (o r Actuarially) Equivalent" means equality in value of the aggregate amounts expected to be received unde r differe nt forms of payment based on interest rate and mortality ass umptions as defined below unless otherwise specifically provided in the Plan: 1. Interest Rate Assumption for Alternative Periodic Be nefits. The interest rate used for purposes of computing alternative periodic forms of benefits shall be 7.5% effective January 1, 1986 . 2 . Interest Rate Assumption for Single-Sum Payments. Effective for the calendar year beginning on January 1, 1986, and for each calendar year following sequentially thereafter, the interest rate used for purposes of computing single-sum payments shall be the immediate annuity rate (subject to adjustment as required for deferred annuities) used by the Pension Benefit Guaranty Corporation as of the January 1 coincident with or preceding the date as of which the amount of the alternative form of benefit is being determined hereunder. 3 . Mortality Aaaumption. 911 ans after Ja11119r, 1, 1986, the mef'talit) w-pMll far ealellle11Ms11 ehaH he a llftiee• raee that is 6ft) pereent (ilM,) male, ~ pereenl €59•') female , laleen &em the 1971 Gre11p 1me--, 'Fal,le, Prejeeeeli 1,, Seale 9 tie 197S. -2- • . I • 0 - • • -• ~ .,....- • t. .. .. • -' a. EFFECTIVE J ULY 1, 1999, THE MORTALITY ASSUMPTION FOR CALCULATION SHALL BE A UNISEX RATE THAT IS FrFTY PERCENT (50%) MALE , FIFTY PERCENT (50%) PERCENT FEMALE , TAKEN FROM THE 1983 GRO UP ANNUITY MORTALITY TABLE . PRIOR TO JULY 1. 1999 . SUCH MORTALITY ASSUMPTION SHALL BE A UNISEX RATE THAT IS FIFTY PERCENT (50%) MALE . FIFTY PERCENT (50 %) FEMALE . TAKEN FROM THE 1971 GROUP ANNUITY MORTALITY TABLE . b . SOLELY FOR PURPOSES OF SECTION 3-6-16 , HEREOF , ON AND AFTER JANUARY l , 1995, THE MORTALITY ASSUMPTION FOR CALCULATION SHALL BE A UNISEX RATE THAT IS FIFTY PERCENT (5 0%) MALE. FIFTY PERCE'.\iT (50 %) FEMALE . TAKEN FROM THE 1983 GRO UP ANJ\'UITY MORTALITY TABLE . D . "Beneficiary" means the person or persons who are so de signated by the Member, in the latest written notice which the Member has filed with the Retirement Board , to receive any payment to which a Beneficiary may beco me e ntitled under this Plan. E . "Board" or "Retirement Board" means the Board appointed by the City Co uncil and charged with the general administration of the Plan as set forth in Section 3-6 -11-1 hereof. F . "C ity" means the City of Englewood , State of Colorado. G . "City Council" means the City Council of the City . H . "Code" OR "INTERNAL REVENUE CODE" means the Internal Revenue Code of 1986 26 USC (1986), as amended from time to time . I. "Compensation" means the total cash remuneration paid to an Employee for a calendar year by the City for personal services a11 reported on the Employee's income tax withholding s tatement or statements (Form W-2 , or its s ubse quent equivalent), including longevity pay and excluding bonuses, extra pay, compensation time, overtime, lump-sum payments in lieu of accrued vaca tion time, sick leave , or personal leave , worker's compe nsation and any contribution by the City under this Plan, or the like , but including any compensatio n that the Employee has elected to have deferred under Section 457 and Section 125 of the Internal Revenue Code. Effective January 1, 1989, the amount of a mMember's compensation for the purposes of the Plan during any Plan yea r shall not exceed two hundred thousand dollars ($2 00 ,000 .00) subject to cost-of-living adjustments in accordance with Code Section 415(d). IN ADDITION TO OTHER APPLICABLE LIMITATIONS SET FORTH IN THE PLAN , AND NOTWITHSTANDING ANY OTHER PROVISION OF THE PLAN TO THE CONTRARY , FOR PLAN YEARS BEGINNING ON OR AFTER JANUARY l , 1996, THE ANNUAL COMPENSATION OF EACH "NONELIGIBLE MEMBER" TAKEN INTO ACCOUNT UNDER THE PLAN SHALL NOT EXCEED THE OMNIBUS BUDGET RECONCILATION ACT '93 ANNUAL COMPENSATION LIMIT. THE OBRA '93 ANNUAL -3- • ', I • 0 - • • .. .,,,,.--'" • , . • - COMPENSATION LIMIT IS $150 ,000 . AS ADJUSTED BY THE COMM ISSIONER FOR I NC REASES IN THE COS T OF LIVING I N ACCO RD A.t\lCE WITH CODE SECTION 40l (a ) (17) (B). THE COST OF LIVING ADJUSTMENT I N EFFECT FOR A CALENDAR YEAR APPLIE S TO ANY PERIOD , NOT EXCEEDING 12 MONTH S . OVER WHICH COM PENSATION IS DETERMINED (DETERMINATION PERIOD) BEGINNING IN SUCH CALENDAR YEAR . IF A DETERML ATION PERIOD CONS ISTS OF FEWER THAN 12 MONTHS . TH E OBRA '93 AN:'-JUAL COM PE NSATION LIMIT WILL BE MULTIPLIED BY A FRACTION . THE NUMERATO R OF WHICH rs THE 1 UMBE R OF :\10NTHS l'.'J THE DETERMINATION PERIOD . AND THE DENOMINATOR OF WHICH IS 12 . A "NONE LIGIBLE MEMBER" IS ANY MEMBER WHO FIRST BECAME A MEMBER I N THE PLAN DURI NG A PLAN YE.AR BEGINNING ON OR AFTER JANUARY 1, 1996. EFFE CTIVE JANUARY 1, 1989, THRO UG H DE CEMBE R 3 1. 1996 , IN DETERMINI . G THE COM PE NSA TIO N OF A MEMBER FOR P l.i RPOSES OF THIS LIMITATION , THE R LES O F CODE SECTION -H.J (q) (6), SHALL APPLY, EXCEPT I N APPLi1NG SUC H RULES , THE TERl'vl 'FAMILY' SHALL I NCLUD E ONLY THE SPOUSE OF THE ~·!EMBER A.'.\D ANY LINEAL DESCENUANTS OF THE MEMBER WHO HA VE '.'JOT AT TAINED AGE 19 BEFORE THE CLOSE OF THE YEAR , EFFECTIVE JANUARY 1, 19 89 THROCGH DECEMBER 31. 1996, IF . AS A RES ULT OF THE APPLICATION OF SCCH RUL ES THE ADJUSTED AN AL COMP E NSA TIO N LIMITATION IS EXCEEDED THE N THE LIMITATION SHALL BE PRORATED AMONG THE AFFECTED I NDIVID UALS IN PROPORTIO N TO EACH SUC H INDIVID UAL 'S COM PE NSA TI O .. AS DETERMINED UNDER THI S SUBSECTION 3-6 -2-2 (I), OF THE ENGLEWOOD MUNI CIPAL CO DE PRI OR TO THE APPLI CATION OF THIS LIMITATION . J . "Credited Ser vice " mea n s the pe ri od of Se r vice rende red by a n Employee a s a Me mbe r for which cr edit 1s allowed. K . "Di sa bility" means a phys ical or me ntal co n ditio n wlu ch e ntitles t he Membe r to receive a disability inco me under the long-term disability i nsura nce co ntra ct m a in tained by the City. L. "Effective Date ofthis Plan" means January 1, 1970 . Th.is a mended a nd r estated Plan is effective as of January l , 199 1. M. "Employee" means a ny perso n e mploye d by t he City on a pe rm a ne nt . full-tim e basis as defined in the City Per so nne l Policy and Proce dures . For the purposes of this retirement plan, police officers , paid firefighters a nd elected offi cials shall not be considered to be Employees. Effective January 1, 1987, included as employees are leased employees witlun the meaning of Code Section 414(n)(2) except that if s uch leased e mpl oyees constitute less than twenty percent (20%) of the nonhighly co mp e n sated workforce within the meaning of Code Section 414 (n)(l)(C)(ii), then the term "Employee" will not include those leased employees covered by a plan described in Code Section 414(n)(5) unless otherwise provided by the terms of this Plan. -4- I • 0 • • • • • >·4,, .. • -.. ... N. "Exempt Employee" means an Employee having one of the following t itles as defined by City Personnel Policies and Procedures: City Manager. As sista nt City Manager, any Department Head, Municipal Court Judge , Ci t y Attorney , and Assistant City Attorney. Effective January 1, 1988 , "Exempt Employee " shall also include any managerial, supervisory or confidential employee as defined by City Personnel Policies and Procedures. 0 . "Final Average Monthly Compensation" means l /36 of a Member's total Compensation during the thirty-six (36) consecutive full calendar months (determined without the inclusion of any Break in Service) within the last one hundred twenty (120) completed full calendar months of employment with the City which yield the highest average Compensation. In the event the Member was employed for fewer than thirty-six (36) consecutive full calendar months . such average monthly compensation shall be based on his Compensation for the thirty-six (36) successive full months during his las t one hundred twe nty (120) full calendar months of employment with the City that would yield the highest average , or his full period of such employment. if le ss than thirty-six (36) months. P . "Insurance Company" means any insurance company or co mpanies a pp oi nted by the City Council for long-term disability coverage . or as provi ded in SUBSection 3-6-12-3 hereof. Q. "Leave of Absence" means any absence authorized by the Em,pl oye r unde r u ch Employer's standard personnel practices, provided that all pe r so n s unde r similar circumstances must be treated alike in the granting of s uch Leave of Absence. and provided further that the Employee returns or retire s widun the period specified in the authorized Leave of Absence . R. "Member" means any person included in the membersh1p of trus Plan as provided in Section 3-6-3 hereof. Effective January 1, 1987 , excluded as members are leased employees within the meaning of Code Section 414 (n)(2). S . "Normal Retirement Age" means age sixty-five (65). T. "Normal Retirement Date" means the first day of the calendar month coincident with or next following the sixty-fifth (65th) birthday of the Member. U . "Plan" means City of Englewood Nonemergency Employees Retirement Plan AND TRUST, as amended from time to time. V . "Plan Administrator" means the Retirement Board of the City. W . "Plan Year" means the calendar year starting January 1 and ending December 31. X. "Previous Plan" means the City of Englewood Retirement Plan (including any predecessor plan(8) thereto) in force and effect for the period prior to January l , ~ 1999, the Plan hereby being amended and restated . Any reference herein to the Previous Plan 88 of a certain date or for a certain period shall be deemed a reference to the Previous Plan 88 then in effect . -5- ) I • 0 ,. • • -.. Y. "Retired Member" means a former Member whose employment terminated by reason of retirement or Disability and who is receiving or is entitled to rece ive . or whose Beneficiary or estate is entitled to receive, benefits under this Pl a n . z. "Retirement Benefit" or "Pension" means any Retirement Benefit provided fo r in Section 3-6-7 hereof. AA "Retirement Fund" or "Fund" means the "C ity of Englewood Nonemergency Employees Retirement Fund," maintained by the Re tirement Board or in accordance with the terms of the Trust Agreement. amended from time to time , which constitutes a part of this Plan. BB . "Service" means a person's period or period s of e mployment as an Employee used in determining eligibility or the amount of benefits as de sc ribed in Section 3-6-4 hereof. CC . ''Trustee" means any qualified and acting Trustee appointed by the City Council as Named Fiduciary for the investment and management of Plan assets, as provided in Section 3-6-12 hereof. DD . "Vested Member" means a former Member whose Credited Service has terminated by reason other than retirement or Disability and who is entitled to receive , or whose Beneficiary or estate is entitled to receive , benefits under this Plan. A Vested Member shall become a Retired Member upon the actual commencement of benefit payments. 3-6-2-3 : CONSTRUCTION: The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender and words used in the singular shall include the plural unless the context clearly indicates to the contrary. Words such as "hereof," "herein," and "hereunder," shall refer to the entire Plan, not to any particular provision or section . The Plan and Trust shall each form a part of the other by reference and terms s hall be used therein interchangeably. 3-6-3 : MEMBERSHIP : 3-6-3-1 : EMPLOYEES ON JANUARY 1, 1970: Every person who was an Employee of the City on January 1, 1970 could become a Member in the Plan on such date by properly filing with the Retirement Board , on or before such date, the form of membership agreement furnished for that purpose . Any such person who did not file the form of membership agreement on or before such date may thereafter file such membership agreement and become a Member on the first day of any subsequent month. 3-6-3-2: EMPLOYEES HIRED AFTER JANUARY 1, 1970: For each Employee hired after January 1, 1970 , membership in the Plan shall be a condition of employment and each Employee shall become a Member on the date of employment. Such Employee shall be required to complete the form of membership agreement at the time of employment, election or appointment, except as follows : -6- • . , I • 0 • • • • ---• 1· • ... .. ·~ • -' A. The City Council may , by ordinance , establish optional pension or deferred compensation plans for Exempt Employees. Upon establishment of any such optional plan(s), an Exempt Employee may at his option elect to come within the provisions of such plan; provided , however, that an Exempt Employee m ay not concurrently be a Member of more than one retirement plan to which the Ci ty is making contributions on his behalf during his employment by the City . In the event that a ny said Exempt Employee ofthe City , who is presently a Member of the Plan, elects t.n come within the provisi ons of any other retirement plan established by the City Council and funded all or in part by the City, he shall have the option to become a Vested Member of the Plan (regardless of whether or not he has completed five (5) years of Credited Service) or to withdraw from the Plan the amount calculated under Section 3-6-10-2 hereof. B. Exempt Employees of the City who are Members of the Plan shall, within six (6) months from the institution of any optional plan(s) by the City Co uncil . elect whether or not to become a member of any optional plan(s). Said election to become a member of the new plan or to remain a '.\1ember of the Plan s hall be irrevocable. C . Those Employees who may become Exempt Employees by promotion or appointment or otherwise, shall have sixty (60) days from the effective date of their appointment in said Exempt position in which to elect either to remain i n or to become a member of one or any other optional plan. The election to become a member of another plan shall be irrevocable . D. City Council has previously designated the International City Management Association Retirement Corporation Deferred Compensation Plan ("ICMA-RC Plan") which is established under Section 457 of the Internal Re,entte Code as an optional plan to which the City would make contributions on behalf of Exempt Employees who elect this option. E . City Council has established the managerial, supervisory or confidential ICMA-RC Money Purchase Plan for managerial supervisory or confidential employees effective January 1, 1988 as an optional plan to which the City shall make co ntributions on behalf of any Exempt Employee who elects this Plan. 3-6-3-3 : TERMINATION: Membership of any Member shall terminate if and when he shall cease to be an Employee for any reason, except as provided in SUBSection 3-6-4-3 hereof . 3-6-4 : CREDITED SERVICE: 3-6-4-1 : CREDITED SERVICE : Credited service shall be used to determine a Member's Accrued Benefit and eligibility for benefits under the Plan. A Member's Credited Service is the elapsed time period from his date of employment with the City, as an Employee, to his date of termination of such employment, except as provided below. -7- ' ., ' ... . ' ) I • 0 .] • • • • ,,-·· • r., ,. ... • •• .. ... 3-6-4-2: LIMITATION ON CREDITED SERVICE: A. No period of Credited Service shall be deemed to be increased or extended by overtime. B. Credited Service shall not include any period of time during which the :'vl e mbe r is on an approved Leave of Absence or interruption of Sen,ce as pro"v,ded m SUBSection 3-6-4-3 hereof. C. Periods of employment with the City prior to the date the Employee became a Member shall not be included as Credited Service unless such an Employee (1) elected to become a Member of the Plan on January 1. 1970 pursuant t o SUBSection 3-6-3-1 hereof, or (2) is covered under the provisions of Section SUBSection 3-6-4-3 hereof. D. Credited Service shall not include any period on the basis of which a Retirement Benefit is payable under any other defined benefit retirement or pension plan to which the City made contributions, other than benefits payable under the Federal Social Security Act or the Volunteer Firefighters' Pension Fund. E. Credited Service shall not include any period of time for which the City contributes on behalf of an Exempt Employee to the ICMA-RC Plan or any other optional deferred compensation plan in lieu of this Plan, as provided m SUBSection 3-6-3-2 hereof. F . Credited Service shall not be extended beyond a Member's date of termination for lump-sum payments in lieu of accrued vacation, sick leave or personal leave . 3-6-4-3 : BREAK IN SERVICE: A Member shall incur a Break in Service if his Service as an Employee termmates and he does not return to Service as an employee within twelve (12 ) months of the date such Service terminated. The Retirement Board shall have the power to determine when a Break in Senr1ce shall have occurred, and such determination shall be made in a nondiscriminatory manner. The following shall not be considered a Break in Service : A. A temporary Jay-off because of an illness or for purposes of economy, suspension, or dismissal, followed by death, or reinstatement, reemployment or reappointment within one (1) year. B . A formal Leave of Absence, duly approved by the City Manager for a specific period, followed by death or by reinstatement, reemployment or reappointment within thirty (30) days after termination of the Leave of Absence . C . Any Employee or any Member who is on a Leave of Absence on account of entering into the military service of the United States (including service in the United States Merchant Marine in time of war) shall, in the absence of -8- • • I ... ) I • 0 - • -• • ~ ,,.. . • ! ••• • - ... reasonable justification for additional delay, return to the Service of the City within ninety (90) days after the time when a discharge from such military service was first available to s uch Employee. In the eve nt that a Member or employee does not return to the Service of the City within the time specified above , s uch Leave of Absence shall be considered a Break in Service. NOTWITHSTANDING ANY PROVISION OF THE PLAN TO THE CONTRARY, CONTRIBUTIONS, BENEFITS Al'.1) SERVICE CREDIT WITH RESPECT TO QUALIFIED MILITARY SERVICE WILL BE PROVIDED IN ACCORDANCE WITH CODE SECTION 414 (u). D. The period during any Leave of Absence or interruption of Service s hall not however, be included in Credited Service. EFFECTIVE AS OF AUGUST 5, 1993, A LEAVE OF ABSENCE PURSt.;A)lT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993 , SHALL 10T BE CONSIDERED A BREAK IN SERVICE ; HOWEVER. THE EMPLOYEE WILL NOT RECEIVE ANY SERVICE CREDIT DURING SUCH AN ABSENCE . After January 1, 1987, if any former Member (vested or nonvested) r eturns to Service as an Employee within five (5) years after his date of termmat10n, or if a former Vested Member returns to Service as an Employee after such fixe (5 ye ars but without receiving any single-sum payment hereunder. then applicable prior Credited Service shall be restored . Otherwise such pnor Credited Service shall be permanently lost, subject to the further proVl ions of this SUBSection 3-6-4-3. If any such rehired Member . who had r eturned to Service as an Employee within five (5) years after the date of termination. h ad received a single-sum payment in lieu of Retirement Benefits , an actuanal reduction shall be made in his Retirement Benefits under SUBSect1on 3-6-16-1 hereof unless he repays the Fund within twenty four (24) months of re lure , such single-sum amount, with interest at the rate determined under SUBSection 3-6-2-2C2 hereof (interest rate assumption for single-sum payments) from the date the Member received the payment to the date of repayment. Members of the Plan as of January 1, 1987, who were previously covered by the Plan but, due to a prior termination of employment. received such a single-sum payment, and were then reemployed by the City regardless of the time that expired between their termination date and reemployment date, shall have until July 1, 1989, in order to elect to repay such single-sum amount and thereby avoid such actuarial reduction . The amount to be repaid shall be calculated as set forth and must be repaid by July l , 1989 . Any former nonvested Employee who returns to Service as an Employee more than five (5) years after his date of termination and who is a Member of the Plan as of January 1, 1987 , shall have until September 30, 1987 to make written application to the Retirement Board to have his prior Credited Service , if any , restored. The Retirement Board shall review such application and shall determine on a nondiscriminatory basis, whether such prior Credited Service shall be restored, and shall inform the Member of its determination by December 31 , 1987. Any Member of the Plan who was an Employee on January 1, 1970 and who did not elect to become a Member of the Plan on January 1, 1970 pursuant to -9- • .. ) I • 0 . ] • • • .. • • • ... SUBSection 3-6-3-1 hereof will, as of January 1, 1987, receive credit for all service prior to the date he actually became a Member of the Plan. Such a Member may elect in writing, prior to July 1, 1988, to pay a single sum amount determined on the basis of the amount of accumulated contributions that said Member would have accumulated in the Plan as of July 1, 1988 had he elected to become a Member of the Plan on January 1. 1970 and made the required contributions each year on the basis of compensation h e received each year. If the Member elects not to pay the single sum amount, his retire ment benefit determined under SliBSection 3-6-7-1 hereof shall be reduced by the actuanal equivalent of the single sum payment due as of July 1, 1988. 3-6-4-4 : EFFECT OF OTHER PLANS : Credited Service shall not include any period on the basis of which a Retirement Benefit is payable under any other defined benefit retirement or pension plan to which the City made contributions, other than benefits payable under the F e deral Social Security Act or the Volunteer Firefighters' Pension Fund. Credited Service shall not include any period of time for which the City contributes on behalf of an Exempt Employee to the ICMA-RC Plan or any other optional deferred compensation plan in lieu of this Plan, as provided in SUBSection 3-6-3-2 hereof. 3-6-4-5: MISCELLANEOUS : No Period of Credited Service shall be deemed to be increased by overtime . A year of Credited Service shall be given for each three hundred sixty five (365) day period, beginning with the first day of employment, which elapses while the employee is entitled to Service Credit under the above provisions of SUBSection 3-6·4 hereof. 3-6-5: CONTRIBUTIONS: 3-6-5-1: MEMBER CONTRIBUTIONS : Effective January 1, 1976, no Member will be required or permitted to contribute to the Plan. 3-6-5-2: CITY CONTRIBUTIONS: The City will, from time to time and at least annually , make contributions to the Trust Fund to the extent necessary to finance the benefits provided by the Plan on a sound actuarial basis. The City expects to continue such contributions to the Plan, but assumes no responsibility to do so and reserves the right to suspend or to reduce contributions at any time . 3-6-5-3: APPLICATION OF FORFEITURES: Any amount forfeited because of the termination of employment of a Member prior to his having acquired a fully vested right to Retirement Benefits, because of the death of any member, or for any other reason, shall not be applied to increase the benefits which would otherwise be payable to any other Member. The amounts so forfeited shall be applied as soon as possible to reduce the contributions required to be made by the City. 3-6-6: RETIREMENT DATES: -10- ., ... I • 0 ·.] • • -• ~ ,,--. • !\• .. . . • -.. ... 3-6-6-1 : NORMAL RETIREME. T : All permanent, full-t ime Employees of the City s hall become one hundred perce nt (100%) vested upon attainment of their Normal Retirement Age and m ay retir e at any time thereafter. The effective date of retl.l'em e nt under the provisions above shall be the fir st day of the first month followrng the month m which s uch Employee actually retires from the employment of the City . 3-6-6-2 : EARLY RETIREMENT: A. Regular Early Rernement: A !\!ember or Vested Member who has attai ned the age of fifty-five (55) year s and has co mpleted at least five (5) year s of Credited Servtce may elect to retire under Regular Early Retirement and have be nefit payments commence as of t he firs t day of any calendar month. which s h a ll n ot be less than tlu.rty (30) nor more than ninety (90) days after the filing of written notifica tion with the Retirement Board . B . Special Early Retire ment: A Me mber shall be eligible for Special Early Retirement as of the first day of a n y calendar month if his e mploy ment terminates after he has attaine d the age of fifty-five (55) and the s um of his age plus his Credited Sen.-;ce at te rm ination equal s eigh ty -eight ( 8) or more. Such a Member may elect Special Early Retirement upon the filmg of writte n notification with the Retirement Board not less than thll'ty (30) nor mo r e than ninety (90) days prior to the date benefit payme nts are to co mme n ce . 3-6-6-3: DELA YEO RETIREMENT : Every Member upon reaching his s ixty-fifth (65th) birthday shall be full y vested in the benefits earned prior to such date and shall be eligible to retl.l'e under the Plan. However, any Member eligible for normal retirement may elect to d e lay his retirement date as permitted by the City Personnel Policie s and Proce dures . His delayed retirement date shall be the first day of the month, co mcident with or next following the date of his actual retirement. As a condition precedent to continuance in employment beyond the Normal Retirement Date , the Member s hall file with the Retirement Board the written designation of a Be neficiary, whether or not the Member elects an optional benefit in accordance with Section 3-6-8 hereof. 3-6-6-4: DISABILITY RETIREMENT: Any Member who is disabled pursuant to S UBSection 3-6-2 -2(1{) hereof shall qualify for Disability retirement as provided h erein. Payment of a Di sability Retirement Benefit shall commence on the first day of the month next following his Normal Retirement Date. The last payment shall be made as of the first day of the month in which the death of the Retired Member occurs or his Disability ceases, whichever first occurs. If Disability ceases on or after the Members Normal Retirement Date and he does not return to full-time employment with the City, his Disability Retirement Benefit shall be continued in the same manner as if his Disability had continued. If the Retired Member's Disability ceases prior to his Normal Retirement Date and he is not reemployed by the City, and ifhe had met the requirements for an early or -1 1- • '• . . ) I • 0 • • -------------------------.---------------------------------- • • I· !,1 .. • - deferred vested Retirement Benefit on the date of his retirement from Disability . h e shall be entitled to receive, commencing on the first day of the month next following his Normal Retirement Date, a Retirement Benefit equal to the early or deferred vested Retirement Benefit to which he would have been entitled, as of the date of his disablement. Such Retirement Benefit to be calculated shall consider the Credited Service he could have received during the period of his Disability. If the Member requests the commencement of his early or deferred vested Retirement Benefit as of the first day of the month next following his fifty fifth (55th) birthday, or as of the first day of any subsequent month which precedes his Normal Retirement Date, his Retirement Benefit shall commence as of the beginning of the month so requested , but the amount thereof shall be reduced in accordance with SUBSection 3-6-7-2 hereof based on the number of years by which the starting date of the Retirement Benefit payments precede the Member's Normal Retirement Date. If Disability ceases before a Retired Member attains his Normal Retirement Da te and the Member is reemployed by the City, the Retirement Benefit payable upon h1s subsequent retirement shall be determined in accordance with the provisions of SUBSection 3-6-7-1 hereof including Credited Service for the period that he was disabled . Notwithstanding any other provision of this Section, no Member shall qualify for a Disability Retirement Benefit if the Board determines that his Disability results from an addiction to narcotics or hallucinogenic drugs, an injury suffered while engaged in a felonious or criminal act or enterprise, or service in the Armed Forces of the United States which entitles the Member to a veteran's disability pension. Disability under the Plan shall be considered total and permanent if it is determined by the Board that the Member is eligible and receiving disability benefits from the long-term disability insurance contract maintained by the City. Disability shall be considered to have ended if, prior to his Normal Retirement Date, the Member is no longer eligible for benefits from the long-term disability insurance contract maintained by the City. 3-6-6-5 : REQUIRED DISTRIBUTION OF RETIREMENT BENEFITS: Notwithstanding any other provision of this Plan, distribution of Benefits under this Plan shall commence not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70 1/2) or the calendar year in which the Member retires . 3-6-7 : RETIREMENT BENEFITS: 3-6-7-1 : NORMAL OR DELAYED RETIREMENT: Upon retirement at or after his Normal Retirement Date, each Retired Member shall receive a monthly Retirement Benefit equal to one and one half percent (1 1/2%) of the Member's Final Average Monthly Compensation multiplied by the total number of years (including fractional years) of the Members Credited Service . 3-6-7-2: EARLY RETIREMENT: A. Regular Early Retirement. A Member or Vested Member, eligible for Regular Early Retirement and retiring prior to his normal Retirement Date, shall be -12- · . ) I • 0 ------------------------------------~ .. ~~--- • • -• • • - ... entitled to a reduced Retirement Benefit which shall be bis Accrued Benefit on his Regular Early Retirement date , reduced by one fourth of one percent (.25%) for each month by which the payment commences prior to the first of the m onth following his Normal Retirement Date. B. Special Early Retirement. A Member who meets the requirements for Special Early Retirement shall receive a monthly amount computed as for a Normal Retirement Benefit considering bis Credited Service to the date of his actual Retirement. payable without reduction for early commencement. 3-6-7-3: DISABILITY RETIREMENT: A Member who meets the requirements for a Disability Retirement Benefit as a result of receiving payments from the City's long-term disability insurance co ntract shall receive a monthly amount commencing on the first day of the month n ext following his Normal Retirement Date and computed as for a normal r etirem e nt under SUBSection 3-6-7-1 hereof, considering bis Final Average Monthly Compensation at the date of bis retirement from Disability and Credited Service for the period he received long-term disability benefits from the City's long-term disability insurance contract. 3-6-7-4: DELAYED RETIREMENT: A Member retiring subsequent to his Normal Retirement Date shall r eceive t h e monthly retirement benefit computed under SUBSection 3-6-7-1 hereof, co n sidering his/her final average monthly compensation at the date of his/her actual retire m ent and the credited service he/she accumulated to the date of bis/her actual retirem e nt . 3-6-7-5 : NORMAL FORM OF PAYMENT: Unless optional benefits have been elected pursuant to Section 3-6-8 hereof, the basic monthly retirement benefit, computed as set forth above , shall be a ten (10) year certain and life benefit. Such benefit shall be in equal monthly payments commencing on the first day of the month next following the retirement date, and continuing at monthly intervals for a period of one hundred nineteen (119) additional months and for the retired member's lifetime thereafter. The last benefit pay ment s hall be made on the first day of the month of the retired member's death . unless payments have been made for fewer than one hundred twenty (120) months, in which event payments shall be continued to the named beneficiary, ceasing when an aggregate of one hundred twenty (120) monthly payments have been made to the retired member and his/her beneficiary. If the retired member is married at the time benefits are to commence, the spousal consent requirements of SUBSection 3-6-8-2 hereof must be met before payments under this Section commence. In the event that no beneficiary is living at the death of such retired member, the actuarial equivalent value of the monthly installments for the balance of the term certain will be computed and paid in one sum to the estate of the retired member. If at the death of the last surviving beneficiary following the death of the retired member, monthly installments have not yet been paid for the term certain, the actuarial equivalent value of the installments for the balance of the term certain will be computed and paid in one sum to the estate of the last surviving beneficiary. As provided by SUBSection 3-6-16-2 hereof, retirement benefits may be suspended for a retired member during a period of employment subsequent to his/her actual -13- • ) I • 0 ·----------:-------------.-----~------~----- - • • • .---. • • • retirement date during which he/she is rehired and receiving co mp ensation as an em ployee of the City. Monthly payments shall comm ence a nd be determmed purs uant to such SUBSection 3-6-16-2 hereof. 3-6 · 7-6 : ACCRUED CREDITS AND VESTED BE NEFIT UNDER THE PREVIO US PLAN PRESERVED : The restatement of the previous plan by this plan s hall n ot ope r ate to e xclud e . diminish, limit or restrict the payment or continuation of payme nt of benefits accrued as of December 31 , -Hl90 1998 . The amount of such previo us pl a n be nefits . if any . m the course of payment by the trustee under said previous pl a n . to a ny pe r so n on December 31 ,-Hl901998, shall be continued by the trustee under the tru st agreement forming a part of this plan, in the same manner. undim inished . preserved, and fully vested under this plan . The eligibility for , and amount of. any benefit of any kind , payab le commencing a ft er Dece mber 31 , 1986 under this plan to or for any person who was a memb e r of the previous plan and who became a member of this restated plan as of January 1. 1987 , s hall be determined under the provisions of this plan. 3-6-7 -7: INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES : Effective July I , 1993 , all members and beneficiaries whose payments co mm e nce d before January 1, 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board . Effective January 1, 1996, all members and beneficiaries whose payments commenced before July 1, 1995, shall receive a three perce nt (3%) increase in their pension payments subject to future adjustment as determined by the Board . 3-6-7-8: DEFERRED RETIREMENT OPTION PLAN (DROP): A. EFFECTIVE DATE . NOTWITHSTANDING SUBSECTION 3-6-2-2CL), HEREOF, THE PROVISIONS CONTAINED IN THIS SUBSECTION 3-6-7-8 , HEREOF SHALL BE EFFECTIVE ON OCTOBER 1, 1999 . B . TITLE. THE PROGRAM PROVIDED IN THIS SUBSECTION 3-6-7-8 , HEREOF, MAY BE REFERRED TO AS THE "DROP ." C. APPLICABILITY . THE PROVISIONS OF THIS SECTION ARE APPLICABLE WITH RESPECT TO THOSE OTHERWISE ELIGIBLE MEMBERS OF THE PLAN WHOSE ELECTION TO PARTICIPATE IN THE DROP OCCURS ON OR AFTER THE EFFECTIVE DATE CONTAINED I N THIS SUBSECTION 3-6-7-8(A). HEREOF. AN "ELIGIBLE MEMBER" IS ANY MEMBER WHO HAS ATTAINED THE NORMAL RETIREMENT DATE IN ACCORDANCE WITH SUBSECTION 3-6-2 -2(T), HEREOF OR THE SPECIAL EARLY RETIREMENT DATE IN ACCORDANCE WITH SUBSECTION 3-6-6-2B . A "PARTICIPATING DROP MEMBER" IS ANY ELIGIBLE MEMBER WHO HAS ELECTED TO PARTICIPATE IN THE DROP AS PROVIDED BY THIS SUBSECTION 3-6-7-8 . HEREOF . D . PURPOSE . THE PURPOSE OF THE DROP IS TO ALLOW AN ELIGIBLE MEMBER TO ELECT, IN LIEU OF IMMEDIATE TERMINATION OF -14- • I 0 I • 0 .----------~~------------------.. ,-------------------~ • • • /' . • ,.,,_. • - EMPLOYMENT AND RECEIPT OF RETIREME:--"T BENEFIT OR PENSION, TO CONTINUE EMPLOYMENT FOR A SPECIFIED PERIOD OF Tl:\'1E AND TO HAVE THE ELIGIBLE MEMBER'S RETIRE:\1ENT BENEFIT OR PENSION PAID INTO THE DROP ACCO U NT ":'.'iTIL THE END OF S "CH SPECIFIED PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION, AT WHICH TIME EMPL0\~1E~ IS TO CEASE . A.\I ELIGIBLE MEMBER MUST CHOOSE THE RETIREMENT BENEFIT PROVIDED IN SUBSECTION 3-6-7-1 , HEREOF, OR ON"E OF THE RETIREMENT OPTIONS PROVIDED IN SECTION 3-6-8 . HEREOF , AT THE SAME TIME THE ELIGIBLE MEMBER ELECTS TO PARTICIPATE IN THE DROP. E. PARTICIPATION . AN ELIGIBLE MEMBER MAY PARTICIPATE IN THE DROP ONLY ONCE . AN ELIGIBLE MEMBER WHO HAS REACHED NOR.\1AL RETIREMENT AGE MUST ELECT TO PARTICIPATE IN THE DROP WITHIN NINETY (90) DAYS AFTER THE LATER OF ATTAINMENT OF NORMAL RETIREME>JT AGE OR THE EFFECTIVE DATE OF THE DROP . AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE IN THE DROP UPON FILING OF WRITTEN NOTIFICATION WITH THE RETIRDrE>JT BOARD NOT LESS TH.AN. SIXTY (60) NOR MORE TH.AN NINETY (90) DAY S PRIOR TO THE DATE OF INTENDED PARTICIPATION. F . TERM . THE DURATION OF A PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP SHALL NOT EXCEED A TOTAL OF THREE (3) YEARS . AS A CONDITION PRECEDENT TO PARTICIPATI O N IN THE DROP. THE PARTICIPATING DROP MEMBER SHALL EXEC UTE AN IRREVOCABLE AGREEMENT WITH THE CITY IN THE FORM PRESCRIBED BY THE RETIREMENT BOARD , WHICH SHALL. AMONG OTHER ITEMS, CLEARLY AND UNEQUIVOCALLY STATE THAT THE PARTICIPATING DROP MEMBER MUST RETIRE NO LATER THAN THE DATE PRESCRIBED IN THE AGREEMENT WHICH MAY NOT EXCEED THE THIRD ANNIVERSARY OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP, AND THE PARTICIPATING DROP MEMBER SHALL ALSO ACKNOWLEDGE THAT NO DISBURSEMENT OF ANY DROP FUNDS CAN OCCUR ABSENT THE RETIREMENT OR DEATH OF THE PARTICIPATING DROP MEMBER. G . INTERRUPTION OF PARTICIPATION. IF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP IS INTERRUPTED BY MILITARY SERVICE, THERE SHALL BE NO INTERRUPTION OF MEMBERSHIP IN THE DROP. SUCH A PARTICIPATING DROP MEMBER'S PENSION SHALL CONTINUE TO BE PAID INTO THE PARTICIPATING DROP MEMBER' DROP ACCOUNT WHILE IN THE MILITARY SERVICE FOR THE BALANCE OF THE THREE-YEAR MAXIMUM TERM ELECTED BY THE DROP MEMBER UNDER SUBSECTION F . H . EFFECT ON PARTICIPATION IN THE PLAN. UPON COMMENCEMENT OF THE ELIGIBLE MEMBER'S PARTICIPATION IN THE DROP . A MEMBER'S CREDITED SERVICE . FINAL AVERAGE MONTHLY COMPENSATION AND ACCRUED BENEFIT SHALL BE FROZEN. A PARTICIPATING DROP MEMBER SHALL NOT SHARE IN ANY -15- • • ., I . 0 -------------~--------------~ ..... ~~-- .. • - • ·. - ... SUBSEQUENT FORMULA IMPROVEMENTS . HOWEvtR,A PARTICIPATING DROP MEMBER SHALL SHARE IN ANY AD HOC INCREASE GRAN'TED TO RETIRED MEMBERS . I. CONTRIBUTION. UPON COMMENCEMENT OF THE ELIGIBLE MEMBER'S PARTICIPATION IN THE DROP , THE RETIREMENT BENEFIT OR PE NSION PROVIDED IN SECTION 3-6-7 AND SECTION 3-6-8 HEREOF, SHALL Br: PAID INTO THE PARTICIPATING DROP MEMBER'S DROP ACCOUNT . Il\' '\/0 CASE SHALL THE CITY CONTRIBUTION, PROVIDED FOR IN SUBSECTION 3-6-5-2 HEREOF, BE US ED TO FUND THE DROP . ACCORDINGLY , AMOUNTS TRANSFERRED OR PAID TO A PARTICIPATING MEMBER'S DROP ACCO UNT SHALL NOT CONSTITUTE ANNUAL ADDITIONS UNDER CODE SECTION 415. J. ADMINISTRATION OF DROP ASSETS . PARTICIPATING DROP MEMBERS • MAY DIRECT THEIR DROP MONEY TO ANY OF THE INVESTMENT OPTIONS APPROVED BY THE BOARD FOR THE DROP . THERE S HALL BE NO GUARANTEED RATE OF INVESTMENT RETURN ON DROP DEPOSITS . ANY LOSSES . CHARGES OR EXPENSES INCURRED BY THE PARTICIPATING DROP MEMBER IN SUC H MEMBER'S DROP ACCO UNT BY VIRTUE OF THE INVESTMENT OPTIONS SELECTED BY THE PARTICIPATING DROP MEMBER. SHALL NOT BE MADE UP BY THE CITY OR THE PLAN , BUT ALL OF SAME SHALL BE BORNE BY THE PARTICIPATING DROP MEMBER. TRA."ISFERS BETWEEN INVESTME~ OPTIONS SHALL BE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE DROP . A DROP ACCO UNT SHALL BE ESTABLISHED FOR EACH PARTICIPATING DROP MEMBER. SUCH DROP ACCOUNT SHALL BE ADJUSTED , NO LESS FREQUENTLY THA 1 ANNUALLY FOR CONTRIBUTIONS , DISTRIB UTIO NS AND NET INVESTMENT EARNINGS AND LOSSES . K . REGULATIONS . THE RETIREMENT BOARD IS AUTHORIZED TO ADOPT RULES AND REGULATIONS GOVERNING THE DROP . L . FEES. IF THE DROP ACCO UN T SHALL BE SUBJECT TO ANY FEES OR CHARGES OF ANY KIND , SUCH FEES OR CHARGES SHALL BE CHARGED TO THE PARTICIPATING DROP MEMBER'S ACCOUNT . M. FORM OF PAYMENT . FOR PURPOSES OF THIS SUBSECTION 3 -6-7 -8 HEREOF, A "RETIREE" IS A PARTICIPATING DROP MEMBER WHO • TERMINATES EMPLOYMENT OR REACHES THE THREE -YEAR LIMIT FOR PARTICIPATION IN THE DROP . A RETIREE MUST CHOOSE ONE OF THE FOLLOWING FORMS OF PAYMENT FROM THE INDIVID UAL'S DROP ACCOUNT: l. DEFERRED PAYMENT. DISTRIBUTION FROM A DROP ACCO UNT MAY BE DEFERRED UNTIL A DATE DESIGNATED BY THE I • RETIREE . WHEN DESIGNATING THE DATE UPON WHICH • 0 DISTRIBUTIONS SHALL COMMENCE , THE RETIREE MUST ALSO DESIGNATE THE FORM OF PAYMENT FROM ONE OF THE AVAILABLE OPTIONS . REGARDLESS OF THE DATE CHOSEN BY THE RETIREE , ALL DISTRIBUTIONS MUST COMMENCE NO LATER -16- • --------~----------------.,----------------------- - • • -. • • -.. THAN THE YEAR IN WHICH THE RETIREE ATTAINS THE AGE OF 70 1/2 ; 2. LID1P SUM. A ONE-TIME DISTRIBUTION OF THE RETIREE'S ENTIRE ACCOUNT BALANCE , INCLUDING A DIRECT ROLLOVER UNDER SUBSECTION 3-6-17-3 ; 3 . PERIODIC PAYMENTS DESIGNATING AN AMOUNT. DISTRIBUTION OF THE RETIREE'S ACCO UNT BALANCE BY MONTHLY PAYMENTS IN AN AMOUNT DESIGNATED BY THE RETIREE , UNTIL THE ENTIRE BALANCE OF THE ACCOUNT IS DISTRIBUTED; 4 . PERIODIC PAYMENTS FORA DESIGNATED PERIOD OF TE'vlE . MONTHLY PAYMENTS TO THE RETIREE FORA PERIOD DESIGNATED BY THE RETIREE . THE PAYMENT WILL BE CALCULATED SUCH THAT UPON THE OCCURRENCE OF THE LAST MONTHLY PAYMENT, THE ENTIRE BALANCE OF THE ACCOUNT WILL BE DISTRIBUTED ; 5 . INITIAL MINIMUM REQUIRED DISTRIB UTION . ACCO IDIT BALANCE IS DISTRIB UTED AS PERIODIC PAYMENTS THAT ARE CALCULATED BASED ON THE RETIREE 'S LIFE EXPECTAi'\lCY (AND THE LIFE EXPECTANCY OF THE RETIREE'S DESIG1 ATED BENEFI CIARY . IF APPLICABLE): OR 6 . COMBINATION OF LUMP S UM AND PERIODIC PAYMENTS. AN INITIAL LUMP SUM PAYMENT OF AN AMOUNT DESIGNATED BY THE RETIREE . FOLLOWED BY A DESIGNATION OF A NUMBER OF SUBSEQUENT MONTHLY PAYMENTS OR AN AMOUNT PAYABLE ON A MONTHLY BASIS . REGARDLESS OF THE FORM OF PAYMENT THE RETIREE CHOOSES, THE MINIMUM DISTRIBUTION AMOUNT WILL BE DETERMINED AND MADE IN ACCORDANCE WITH CO DE SECTION 401 (a) (9 ), AND THE REGULATIONS THERE U NDER. INCLUDING MINIMUM DISTRIBUTION INCIDENTAL DEATH BENEFIT REQUIREMENT OF PROPOSED INTERNAL REVENUE CO DE REGULATION SECTION 1.401 (a) (9)-2 , (PUBLISHED IN THE FEDERAL REGISTER ON JULY 27 , 1987). THE MINIMUM DISTRIBUTION IS RECALCULATED ANNUALLY ON THE BASIS OF THE LIFE EXPECTANCY OF THE RETIREE AND THE RETIREE'S DESIGNATED BENEFICIARY. IF APPLICABLE . IF ELECTED IN WRITING BEFORE THE REQUIRED BEGINNING DATE UNDER CODE SECTION 401 (a) (9), BY THE RETIREE , AND/OR THE RETIREE'S SPOUSE, IF APPLICABLE , THE LIFE EXPECTANCY OF THE RETIREE AND/OR THE RETIREE 'S SPOUSE SHALL BE RECALCULATED ANNUALLY. IF THE RETIREE MAK.ES NO SELECTION AS TO FORM OF PAYMENT WITHIN THIRTY (30) DAYS OF TERMINATION OF EMPLOYMENT OR EXPIRATION OF THE THREE-YEAR LIMIT FOR PARTICIPATION IN THE DROP, A LUMP SUM PAYMENT SHALL BE MADE . -17- I· 0 ,, • • • ... N . PARTICIPATING DROP MEMBER'S DEATH ; SPOUSAL BENEFICL-\RY . IF THE PARTICIPATING DROP MEMBER DIES DURING THE PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP AND THE PARTICIPATING DROP MEMBER'S DESIG NATED BENEFICIARY IS THE PARTICIPATING DROP :ME:VIBER'S SURVT\TJ:'.\1G SPOUSE TO WHOM THE PARTICIPATING DROP MEMBER WAS LEGALLY MARRIED AT THE TIME OF THE PARTI CI PATI:-.1 G DROP MEMBER'S DEATH , THE PARTICIPATING DROP MEl\lBER"S DESIGNATED BENEFICIARY SHALL RECEIVE. AT THE BE:-.1EFI CL.\RYS OPTION, A LUMP SUM PAYMENT FROM THE DECEASED PARTICIPATING DROP MEMBER'S INDIVIDUAL DROP ACCO U NT BALANCE OR EQUAL MONTHLY INSTALLMENT PAnrENTS FROM THE DECEASED PARTICIPATING DROP MEMBER'S INDIVID UAL DROP ACCOUNT OVER A PERIOD NOT TO EXCEED THE SPOU SE'S LIFE OR LIFE EXPECTANCY . IF NO SELECTION IS l\'1ADE BY THE DESIG NATED BENEFICIARY WITHIN SIXTY (60) DAYS OF DEATH OF THE PARTICIPATING DROP MEMBER. A LUMP S UM PAYMENT SHALL BE MADE. 0. PARTICIPATING DROP MEMBER'S DEATH : NON-SPO USAL BENEFICIARY . A MARRIED PARTICIPATI NG DROP MEMBER MAY DESIGNATE SOMEONE OTHER THA N HIS SPOUSE TO BE A PRIMARY BENEFICIARY, PROVIDED SPOUSAL CONSEJ,iT AS PRESCRIBED IN SUBSECTION 3-6-8-7, HEREOF, IS OBTAINED . IF THE PARTI CIPATI NG DROP MEMBER DIES DURING THE PERIOD OF THE PARTICIPATI NG DROP MEMBER'S PARTICIPATION IN THE DROP, A.!\TJ) THE PARTICIPATING DROP MEMBER'S DESIGNATED BENEFICIARY IS SOMEONE OTHER THAN THE PARTICIPATING DROP MEMBER'S SURVIVING SPOUSE TO WHOM THE PARTICIPATING DROP MEMBER WAS LEGALLY MARRIED AT THE TIME OF THE PARTICIPATING DROP MEMBER'S DEATH , THB DESIGNATED BENEFICIARY SHALL RE CEIVE A LUMP SUM PAYMENT EQUAL TO THE DECEASED PARTICIPATI NG DROP MEMBER'S INDIVID UAL DROP ACCOUNT BALANCE . P . PARTICIPATING DROP MEMBER'S DEATH : NO DESIGNATED BENEFICIARY. IF THE PARTICIPATING DROP MEMBER DIES DURI NG THE PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP, AND THE DESIGNATED BENEFICIARY HAS NOT SURVIVED THE PARTICIPATING DROP MEMBER. THE PARTICIPATING DROP MEMBER'S ESTATE SHALL RECEIVE A LUMP • SUM PAYMENT EQUAL TO THE DECEASED PARTICIPATING DROP MEMBER'S INDIVIDUAL DROP ACCOUNT BALANCE . Q . NO IMPACT OF DROP PARTICIPATION ON OTHER DEATH AND DISABILITY BENEFITS. DROP PARTICIPATION SHALL NOT AFFECT ANY OTHER DEATH OR DISABILITY BENEFIT PROVIDED TO A I MEMBER UNDER FEDERAL LAW , STATE LAW , CITY ORDINANCE , OR 0 • ANY RIGHTS OR BENEFITS UNDER ANY APPLICABLE COLLECTIVE • BARGAINING AGREEMENT. R. RETROACTMTY (BACK-DROP). FOR PURPOSES OF THIS SUBSECTION 3-6-7-S(R), "RETROACTIVE PARTICIPATION DATE" MEANS JANUARY 1, 1999, OR SUCH LATER DATE AS WOULD HAVE BEEN ON OR AFTER AN -18- • - • • • ---. • .. • - ELIGIBLE MEMBER'S RETIREMENT DATE , BUT PRIOR TO THE EFFECTIVE DATE OF THE DROP , AND WHICH WAS SELECTED BY THE ELIGIBLE MEMBER TO COMMENCE PARTICIPATION IN THE DROP . NOTWITHSTANDING SUBSECTION 3-6-7-8(A), HEREOF AN ELIGIBLE MEMBER WHO WOULD HAVE QUALIFIED FOR THE DROP ON HIS RETROACTIVE PARTICIPATION DATE , HAD THE DROP BEEN IN EFFECT ON THAT DATE , MAY ELECT TO HAVE HIS INDI'v1D AL DROP ACCOUNT CREDITED WITH A ONE-TIME LUMP sm1 PAYMENT . St.;CH ONE-TIME LUMP SUM PAYMENT SHALL EQUAL THE SUM OF THE NUMBER OF PENSION PAYMENTS WHICH WOULD HA VE BEEN PAYABLE PRIOR TO THE EFFECTIVE DATE OF THE DROP . HAD THEY COMMENCED ON THE MEMBER'S RETROACTIVE PART! CIPA TI ON DATE , CREDITED WITH INTEREST USING THE ACTCARUL INTEREST RATE ASSUMPTION PROVIDED IN SUBSECTION 3-6-2-2 (C), HEREOF . SUCH LUMP SUM PAYMENT SHALL BE MADE AS SOON AS ADMINISTRATIVELY FEASIBLE AFTER THE EFFECTIVE DATE OF THE DROP. IF A PARTICIPATING DROP MEMBER ELECTS TO HAVE THE ONE-TIME LUMP SUM PAYMENT DEPOSITED INTO HIS DROP ACCOUNT, THE THREE-YEAR PERIOD SPECIFIED IN SUBSECTIOK -6- 7-8F , HEREOF , WILL BEGIN TO RUN . NOT ON THE DATE OF SUCH ELECTION, BUT ON THE PARTICIPATING DROP MEMBER'S RETROACTIVE PARTICIPATION DATE. S . FIDUCIARY LIABILITY: THE DROP JS INTENDED TO FOLLOW SECTION 404 (c), OF THE EMPLOYEE RETIRE!\'1ENT INCOME SECt.;RITY ACT OF 1974 ~AND THE APPLICABLE DEPARTMENT OF LABOR REGULATIONS. FIDUCIARIES OF THE PLAN MAY BE RELIEVED OF LIABILITY FOR ANY LOSSES WHICH ARE THE DIRECT AND NECESSARY RESULT OF INVESTMENT INSTRUCTIONS GIVEN BY A PARTICIPANT . 3-6-8 : OPTIONAL FORMS OF BENEFITS: 3-6-8-1 : GENER.AL : Subject to such uniform rules and regulations as the retirement board may prescribe and the restrictions contained in this Section 3-6-8 hereof, a member or vested member may, in lieu of the basic retirement benefits provided in Section 3-6-7 hereof, elect one of the following forms of retirement benefits which shall be the actuarial equivalent of the benefit to which he would otherwise be entitled. The member or vested member must take any election of an optional benefit in writing, and such election must be filed with the retirement board at least thirty (30) days prior to the due date of the first payment of retirement benefits under the plan. The election of an option may be changed at any time prior to thirty (30) days preceding the due date of the first payment of retirement benefits under the plan. However, an optional form of payment may not be elected unless the value of the payments expected to be paid to the member exceeds fifty percent (50%) of the value of the total benefits to be paid under such optional form . 3-6-8-2 : QUALIFIED JOINT AND SURVIVOR BENEFIT OPTION: -19- • I • 0 • • ,. ..-. • • - .. The Qualified Joint and Survivor Benefit option provides an adjusted monthly Retirement Benefit payment during the Retired Member's life ; and the spouse (to whom the Member was married when his Retirement Benefit commenced), if surviving at the Members death, shall receive thereafter for life a monthly Retirement Benefit of fifty percent (50%) of the adjusted monthly amount paid to the Member. Within a reasonable time before the Member's Retirement Benefit commence ment date hereunder, the Retirement Board shall provide to the Member a written explanation of the terms and conditions of the Qualified Joint and Fifty Percent (50%) Survivor Benefit set forth herein and the effect of refusing it. If on or after January 1, 1987, the Employee wishes to elect a form of payment other than the Qualified Joint and Survivor Benefit (described in this Section), such election will not become effective unless his spouse (if he has a spouse who can be located) consents in writing to such election, acknowledges the effect of such election and has such consent and acknowledgment witnessed by a Plan representative or a notary public. A properly completed benefit election form (furnished by the Retirement Board) mus t be returned to the Retirement Board within ninety (90) days prior to the Membe r 's benefit commencement date. If the Member files another election forn.. after the earlier form and prior to his benefit commencement date , the earlier form shall be annulled . 3-6-8-3 : ONE HUNDRED PERCENT JOINT AND SURVIVOR BENEFIT OPTION : The one hundred percent (100%) Joint and Survivor Benefit option provides adjus ted monthly Retirement Benefit payments during the Retired Member's life , and upon his death after retirement, continue payments in the same amount to a designated Beneficiary during the life of such Beneficiary. 3-6-8-4 : FIFTY PERCENT JOI1'1"T AND SURVIVOR BENEFIT OPTION: The fifty percent (50%) Joint and Survivor Benefit option provides reduced monthly Retirement Benefit payments during the Retired Member's life, and , upon his death after retirement, continues payment in an amount equal to one-half (1/2) of the amount of such reduced payments to a designated Beneficiary during the life of such Beneficiary. Payment shall be continued to the designated Beneficiary for life . 3-6-8-5 : FIVE YEAR CERTAIN AND LIFE BENEFIT OPTION: The five (5) Year Certain and Life Benefit option provides adjusted monthly Retirement Benefit payments during the Retired Member's life , and upon his death after retirement within the sixty (60) month period, payments shall be continued to the designated Beneficiary for the balance of the sixty (60) month period. 3-6-8-6 : LIFETIME BENEFIT OPTION: The Lifetime Benefit option provides increased monthly Retirement Benefit payments during the Retired Member's life with no continuations of payment after his death . 3-6-8-7 : BENEFICIARY: The Member or Vested Member must designate his Beneficiary in writing. If on or after January l, 1987, a married Member or Vested Member wishes to designate -20- • ' ' Q • .. ., I • 0 -• .,-. • • - someone other than his spouse to be a primary Beneficiary (or wishes to co ntmue , after January 1, 1987, such a designation made prior to January I , 1987). such designation will not become (or continue to be ) effective unless hi s s pouse (if his spouse can be located) consents in writing to such designation (o r form of benefits) which may not be changed without spousal consent (or the consent of the s pouse expressly permits designations by the Member or Vested Member without any requirement of further consent by the spouse), acknowledges the effect of such designation and has such consent and acknowledgment witnessed by a Plan representative or a notary public . Such designation shall be made in writing upon a form provided by the Retirement Board and shall be filed with the Retirement Board . The last such designation filed with the Retirement Board shall control. 3-6-8-8 : MINIMUM MONTHLY PAYMENTS : If the monthly benefit to which any Member, Vested Member or Beneficiary s ha ll become entitled under the Plan shall be less than one hundred dollars (Sl00.00), the Retirement Board shall have the right to direct that the Actuarial Equivale nt of such benefit shall be paid in a lump sum or in installments at s uch intervals as will result in each payment amounting to at least one hundred dollars ($100 .00). 3-6-9: DEATH BENEFITS: 3-6-9-1 : DEATH OF AN ACTIVE MEMBER WITH FIVE (5) OR MORE YEARS OF SERVICE : .. If an active Member dies after completing five (5) or more years of service, the surviving spouse shall receive fifty percent (50%) of the Member's accrued benefit for one hundred twenty (120) months certain and life thereafter. However, if the spouse is more than five (5) years younger than the Member, the monthly benefits will be reduced by one and one-half percent (1.5%) for each year that their difference in age exceeds five (5) years. If the Member is not survived by a spouse , his designated beneficiary shall receive fifty percent (50%) of the Member's monthly accrued benefit for one hundred twenty (120) months certain. If the Member is not survived by a designated Beneficiary, the one hundred twenty (120) monthly payments shall be computed and paid in a single sum to the Member's estate. The payment to the surviving spouse or designated Beneficiary will commence on the first day of the month following the date of the Member's death, or if later, the date the Member would have attained age fifty-five (55). If a Member's death occurs prior to his fifty-fifth (55th) birthday, the Retirement Board may elect, with the consent of the Member's spouse, designated Beneficiary or estate to pay the spouse. Beneficiary or estate a single sum payment at the time of the Member's death, equal to the Actuarial Equivalent of the payment due when the Member would have attained age fifty-five (55). 3-6-9-2 : DEATH OF A VESTED OR DISABLED MEMBER PRIOR TO COMMENCEMENT OF PAYMENTS : In the event a Vested Member or a disabled Member dies prior to the commencement of payments from the Plan, the surviving spouse shall receive fifty percent (50%) of the Member's Accrued Benefit for one hundred twenty (120) months certain and life thereafter. However, if the spouse is more than five (5) years younger than the Member, the monthly benefit will be reduced by one and one-half percent (1.5%) for each year that their difference in age exceeds five (5) years. If the Member is not survived by a spouse, his designated Beneficiary shall receive fifty percent -21- • I • 0 --------------------------------c. • .-------------------------- " ,,-. • • - (50%) of the Member's monthly Accrued Benefit for one hundred twenty (120) months certain. If the Member is not survived by a designated Beneficiary, the one hundred twenty (120) monthly payments shall be computed and paid in a single s um to the Member's estate. The payment to the surviving spouse or designated Beneficiary will commence on the first day of the month following the date of the Member's death . or if later, the date the Member would have attained fifty-five (55). If a Member's de ath occurs prior to his fifty-fifth (55th) birthday , the Retirement Board may elect, with the consent of the Member's spouse , designated Beneficiary or estate to pay the spouse, Beneficiary or estate a single s um payment at the time of the Member's death, equal to the Actuarial Equivalent of the payme nt due when the Member would have attained age fifty-five (55). 3-6-9-3 : DEATH OF AN ACTIVE MEMBER BETWEEN NORMAL AND DELAYED RETIREMENT DATES : In the event a Member continues in City employment after his normal r etirement date and dies before actually retiring, then he shall be dee med to have retired on t he first day of the calendar month in which he dies . If an optional form or p ayme nt h as been elected, the death benefit, if any , s hall be determined by the option elect ed . l f no optional form of payment has been elected, the Member's monthly Accru ed Be nefit shall be paid to his surviving spouse for one hundred twenty (120) months ce r ta in . If the Member is not survived by a s pouse , hi.s de signated Be neficiary s h all r ece i,·e one hundred percent (100%) of the Member's Accrued Be nefit for one hundred tw enty (120) months certain. If the Member is not survived by a designated Beneficrn ry , th e one hundred twenty (120) monthly payments shall be computed and paid in a s m gl e sum to the Member's estate. Death benefit payments shall commence on the first day of the month following the Member's death . 3-6-9-4: DEATH OF A RETIRED MEMBER OR BENEFICIARY : In the event a Retired Member or Beneficiary dies while receiving Retireme nt Be nefit payments, the death benefit, if any, will be determined by the form of Retirement Benefit being paid. In the event that no designated Beneficiary is living at the death of such Retired Member and term certain payments are due, the Actuarial Equivalent value of the monthly installments for the balance of the term certain will be computed and paid in one sum to the estate of the Retired Member. If at the death of the last surviving Beneficiary following the death of the Retired Member, monthly installments have not yet been paid for the full period of the term certain, the Actuarial Equivalent value of the installments for the balance of the term certain will be computed and paid in one sum to the estate of the last surviving Beneficiary. 3-6-9-5 : SUPPLEMENTAL DEATH BENEFIT FOR MEMBERS HIRED PRIOR TO JANUARY 1, 1976: In addition to the death benefit provided in SUBSections 1, 2 and 3. OF THIS SECTION 9, heteef, a lump sum supplemental benefit shall be payable to the designated Beneficiary of any active Member, Vested Member or disabled Member who dies prior to the commencement of retirement benefit payments from the Plan. The supplemental death benefit shall be equal to the amount of accumulated contributions as of his date of death plus two percent (2%) of the compensation received by him subsequent to December 31, 1975 and prior to January l , 1983. If such Member ia not survived by a designated Beneficiary, the Jump sum payment shall be made to his estate. -22- • } I • 0 - • • -• .. ,,.--. • .. • • 3-6-9-6 : U NIFORM SIMULTAN EO US DEATH ACT : The provisions of any State law providing for the di s tribution of est a t es unde r the U niform Simultaneous Death Act, when applicable, shall govern the distributi on of death benefits payable under this Plan. 3-6-10: SEVERANCE BENEFITS: 3-6-10-1 : COVERAGE : Benefits shall be paid to a Member under this Section 3-6-10 hereo f if hi s employment terminates for reasons other than retirement, Di sabili t y or dea t h . 3-6-10-2 : LESS THAN FIVE YEARS OF CREDITED SERVICE : Should a member's employment with the City terminate for rea so n s othe r tha n retirement. Disability or death prior to his Normal Retirement Da t e a nd prior to hi s completion of five (5) years of Credited Service , the only benefit to which he s h all be entitled under dus Plan s hall be: A. The a mount of his Accumulated Contributions, if any , plus B. Two pe rcent (2%) of the Compensation received by the Me mbe r s ub se que nt to December 31 , 1975 and prior to January 1, 1983 . 3-6-10-3: FrVE OR MORE YEARS OF CREDITED SERVICE : Should a Member's employment with the City terminate for reasons other than retirement, Disability or death prior to his Normal Retirement Date with five (5) or more years of Credited Service, he may elect either: A. To leave his Accumulated Contributions on deposit in the Retirement Fund and become-a Vested Member; or B . To receive , in lieu of all other benefits, a refund of his Accumulated Contributions plus two percent (2%) of the Compensation received by him subsequent to December 31 , 1975 and prior to January 1, 1983 . If such a Member fails to elect either of the above within ninety (90) days after his date of termination from the Plan, then he shall be deemed to have elected to leave his Accumulated Contributions on deposit and become a Vested Member. A Vested Member shall be entitled to a deferred retirement Benefit which shall be one hundred percent (100%) of his Accrued Benefit on the date of his termination of membership in the Plan. Such deferred Retirement Benefit shall commence on the first day of the next month following the Vested Member's Normal Retirement Date . In lieu of receiving the deferred Retirement Benefit upon his Normal Retirement Date, the Vested Member may elect to receive a reduced Retirement Benefit beginning upon the first of any month subsequent to his attainment of age fifty-five (55). The reduction shall be one-fourth of one -23- • I • 0 • • -• • " ,,-·· • ... ... .. • -.. percent (.25 %) for each month (three percent [3 %) per year) by which payme nts commence prior to the first of the month following his Normal Retirement Date . A Vested Member may elect at any time prior to ;us Normal Retirement Date to receive , in li e u of all other benefits under the Plan and provided benefit payments have not yet commenced, a refund of his Accumulated Contributions. if any, as of the date of the refund plus two percent (2%) of hi s Compensation received s ubsequent to December 31 , 1975 and prior to January 1, 198 3 . 3-6-11: ADMINISTRATION OF THE PLAN: 3-6-11-1 : RETIREMENT BOARD : There is hereby created a board to be known as the "Retirement Board of the City of Englewood ," which s hall be composed of seven (7) members . One (I) member shall be an elected member of the City Council who s hall be selected by a majority of the members of City Council . One (1) member shall be the Director of Financial Services appointed by the City Manager. Two (2) me mbers s hall be employees of the City who are Members of the Plan, who shall be selected by a vote of all such Members in accordance with s uch procedures as the City Manager may adopt, from time to tim e . Three (3) members s hall be taxpaying electors of the City who s hall be selected by a majority of the members of the City Council. In addition , the City Manager, or his designee, shall serve in an advisory capacity, as an ex official , nonvoting membe r . Members of the Retirement Board shall be appointed for four (4) year terms, provided the said member continues to possess the qualifications provided her e in during the member's term and, further provided that: A. B. The Council member shall serve during his term of office as a Co uncil memb e r : and The Director of Financial Services shall serve during his tenure in offi ce as uch Director. Should a vacancy occur in the membership of the Retirement Board. the same shall be filled for the duration of the unexpired term only, in the same manner as provided herein. Prior to entering upon the performance of the duties of a member of the Retirement Board, each member thereof shall take and subscribe an oath that he accepts the obligations imposed upon him by the provisions of this Plan and that he shall faithfully perform the duties of such office . Five (5) members of the Retirement Board shall constitute a quorum . All actions taken by the Board shall be approved by a majority vote of a quorum of the Retirement Board members. All actions , decisions and determinations of the Board shall be recorded in the minutes of the Retirement Board and, unless inconsistent with the provisions of the Plan, shall be binding and conclusive upon all interested parties . No member of the Board shall receive compensation for his service on the Board but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Board. -24- ' " .. ) I • 0 • • .. • J ..... , . • • ... 3-6-11-2 : MANAGEME NT OF THE PLAN: In addition to the powers and obligations imposed upon the Board as Trust ee pursuant to SUBSection 3-6-12-1 hereof, the Retirement Board s hall ha ve a ll powe r s necessary to effect the management and administration of the Plan in acco rdance with its terms, including, but not limited to, the following : A. To establish rules and regulations for the administration of the Pla n . fo r managing and discharging the duties of the Board , for the Board's own government and procedure in so doing, and for the preservation and the protection of the Fund. B. To interpret the provisions of the Plan and to det ermine a ny a nd a ll q uestio n s arising under the Pl a n or in connection with the administra ti on ther eo f. A record of such action and all other matters properly coming before t he Boa rd shall be kept and preserved. C. D. E. F . G . H. I. J. K. L. To determine all matters affecting the eligibility of any Employee to be or become a Member of the Plan. To determine the amount of the Member's contributions to be withheld by the City in accordance with the Plan and to maintain s uch re co rds of Acc umula t ed Contributions as are nece ssary under s aid Pl a n . To determine the Credited Service of any Member and to compute the amount of Retirement Benefit, or other s um . payable under the Plan to any person . To authorize and direct all disbursements of Retirement Benefits and other sums under the Plan. To employ such counsel and agents and to obtain such clerical . medical, legal and actuarial services as it may deem neces sary or appropriate in carrying out the provisions of the Plan. With the advice of its actuary to adopt, from time to time for purposes of the Plan, such mortality and other tables a s it may deem necessary or a ppropriate for the operation of the Plan. To make or arrange for valuations and appraisals of Fund assets held unde r the Plan, and . with the advice of the actuary , to determine the liabilities of the Plan . To hold assets of the Plan in a special account entitled "Retirement Plan Fund," and invest and reinvest the same and to make such withdrawals therefrom as are authorized by the Plan for the payment of Retirement Benefits and the expenses of the Board and the members thereof. To create reserves from such assets for any purpose. To maintain such records and accounts and ta render such financial statements and reports as may be required by the City Council. -25- ' . • l I • 0 • • • ,,-. '· .. • • • M. To authorize one or more members of the Retirement Board to sign all legal documents and reports on behalf of the Retirement Board. N . To perform such other duties as may be required of a Plan Administrator under the applicable laws and regulations. 3-6-11-3: MISCELLANEOUS: All proper expense incurred by the Retirement Board in the administration of the Plan, if not paid by the City, shall be paid from the Fund when authorized by the Retirement Board. The Retirement Board shall have no power to add to. subtract from or modify any of the terms of the Plan, nor to change or add to any benefits provided by the Plan. nor to waive or fail to apply any requirements of eligibility for Retirement Benefits under the Plan. A member of the Retirement Board shall not vote on any matter r elat i ng so lely to himself or to his rights or benefits under the Plan. If a Board member i so disqualified to act and the remaining members cannot agree , the City Co uncil s hall appoint a temporary substitute member to exercise all the pow e r s of the d1 qu a lifi ed member concerning the matter in which he is disqualified . The decision of the Retirement Board and any action taken by 1t in r espect to the management of the Plan shall be conclusive and binding upon any and all employees, officers , former employees and officers, Members. Retired Members , Vested Members, their Beneficiaries, heirs, distributees, executors, administrators and assigns and upon all other persons whomsoever, but the Board at all times shall act in a uniform and nondiscriminatory manner. Neither the establishment of this Plan nor any modifications thereof or any action taken thereunder or any omission to act, by the Board, the City Council or any of their members shall be construed as giving to any Member or other person any legal or equitable right against the City or any officer or employee thereof or against the Retirement Board. the City Council , or any of their members. 3-6-12 : RETIREMENT PLAN TRUST FUND: 3-6-12-1 : APPOINTMENT OF TRUSTEE : The Retirement Board of the City, and its members, are hereby appointed a nd constituted Trustee of the Retirement Plan Fund and shall hold , manage and control the same in accordance with the provisions herein contained . 3-6-12-2 : THE TRUST FUND: All City and Employee contributions and all investments thereof, together with all accumulations, accruals, earnings and income with respect thereto. shall be held by the Trustee in trust hereunder as the Trust Fund for use in providing the benefits under the Plan. No part of the said corpus or income shall be used for or diverted to purposes other than the exclusive benefit of the Members, Retired Members, Vested Members, their Beneficiaries or estates under the Plan, prior to the satisfaction of all liabilities hereunder with respect to them. except such funds which, upon termination of the Plan, are in excess of the amount required to fully fund the Plan and are due solely to erroneous actuarial assumptions. No person shall have any -26- •, • I ) I • 0 - • • -• .. ,. • • - interest in or right to a ny part of the assets of the Fund except as and to the extent expressly provided in the Plan. 3-6-12-3: P URPOSES AND AUTHORITY OF THE TRUS TEE : It is t he purpose a nd inte nt of the City in co n stitu t ing and a ppointing t he Retir e me nt Board as Trustee of the Trust Fund to give the Retirement Boa rd full power to establis h such investment or purchasing program s as the Retirement Board may de em nece ssary or appropriate to provide assurance that there s h all be a n a dequate so urce for the payment of all benefits provided her ei n . The Trustee . howeve r , s hall not be res ponsible for the co ll ection of a ny City or Employee co ntributions . In serving as Trustee , the Retirement Boa rd may determine to: A. Use t he Trust Fund for the purchase of one or more group a nnuity, or other , insurance policies from one or more Ins urance Co mp a nie s authorized to do busi ness within the State of Colorado , whereby said Ins urance Compa ny agrees to pay all or a portion of the be nefits he rein provided for ; or B. Co ntract with a co mmercial bank. chartered under either the statutes of the State of Co lorado or the United States of America a nd doing business within this State, with a trust company organized purs uant to the st-atutes of the State of Co lorado and doing business within this State. or with a member of the New York Stock exchange or the American Stock Exch a nge. doing busi ness within this State, to have any of such parties invest fund s on be ha lf of th e Trustee; or C. Directly invest the assets of the Trust Fund ; or D. E stablish an investment program . partly funded by ins urance and partly funded by investments; or E. Retain on a discretionary basis an investment advisor licensed as such under the U nited States Investment Advisor's Act of 1940, which investment a dvi sor is a lso an investment counse l as defined in said Act. 3-6-12-4 : INVESTMENTS : In serving as Trustee, the Retirement Board shall be authorized and e mp ower ed. in its sole discretion, to invest and reinvest the Trust Fund AS FOLLOWS : , .. 1thBttt d.ieti11eti611 l,et .. een pl'ineipal and ineBme , in stteh eBmmBft stselts , preferred stselts, l,5nde , ft6tee , dehenhH"ee , mertgages, eertifieatee anli ether eeettritiee , i11,estme11ts , real er pereenal prepert) ef an) ltind , i:nelttdi.ng pttrehaee and lease l,aelt tra11eaett1111e , intereete in eil and ether depletal,le natttral reeettreee , i:n,estment i-fl mtttttal f-ds (epen enli er ether,, ise) ae it ma) determine , .. ithettt regard te .. hether etteh in,estmente ma) predttee ettrrent ineeme , pre#ided, he .. e,er, that ehettld the Retirement Beard determine te make in, estmente di.Peet!), .. ithettt an in,eetment management eentraet with a hank, trttet eempan, i11,estme11t eettneeler er eteelt ellehange meml,er, then the ielle .. ing ltmitstiene shall apph . A. The aggregate ef mene) e in, eeted H'I eerperate steelt ef all ltinde, tegether .. ith mene)e in,eeted in eerperate l,ende een,ertil,le te eerperate steelt, eh11:ll net elleeeli tmf't) pereent (389') ef the h661t , altte ef the ll:!leete ef the Trttet Fttnd l,eing di.Peet!) i:n,eeted, 11:nd ASSETS OF THE RETIREMENT FUND (OTHER THAN ASSETS OF THE DROP ACCOUNTS) SHALL BE INVESTED -27- I • 0 ·---------------------------------------.----- • • • .. • " ... • - IN ACCORDANCE WITH COLORADO REVISED STAT UTES SECTION 15 - 1.1.-102. UND ER THE UNIFORM PRUDENT INVESTOR ACT . B . ~le in, eetment m the !tedt, er een, ertihle l,enti!, ef sn, 3i,ngle eerper stien 31,slJ e.1eeeti Ii, e pereent (S~') ef the l,eek , ah1e eHhe se!ete ef tfle Trttet F11nti l,eing meeel, in,eeteti. snti ASSETS OF THE DROP ACCOUNTS SHALL BE INVESTED IN ACCORDANCE WITH COLORADO REVISED STATUTES SECTION 24-54-112 (3) (c). G. At ne time ehaH the Trttet F1tnti l,elti mere th,sn ae,en pereent (i %) ef the etttetan!H:l'lg eteeke er l,entis ef an, eerperatien . 3-6-12-5 : TRUSTEE'S POWERS : Subject to the provisions of SUBSections 3-6-12-3 and 3-6-12--t hereof. in its investment and administration of the Trust Fund, the Trustee is authorized and empowered with resped. to any securities or other property held in the Trust Fund: A. To sell, exchange, convey , transfer, lease for any period, pledge, mortgage , grant options , contract with respect to or otherwise encumber or dispose thereof, at public or private sale , for cash or upon credit or partly for both , a nd no person dealing with the Trustee shall be bound to see to the a pplication of the purchase money or to inquire into the validity, expediency or prop1;ety of any such sale or other disposition. B. To sue, defend, compromise , arbitrate , compound and settle any debt, obligation or claim due it as Trustee or any other suit or legal proceeding involving the Trust, and to reduce the rate of interest on, to extend or otherwise modify , or to foreclose upon default or otherwise enforce any s uch debt, obligation or claim . C . To give general or specific proxies or powers of attorney with or without pow e r of substitution. D. E. To vote in person or by proxy on any stocks . bonds or other securities for the conversion thereof into other stocks, bonds or securities, or tu deposit them in any voting trust or with any protective or like committee or with a trustee or depositories designated thereby , or to exercise any rights to subscribe for additional stocks, bonds or other securities and to make any and all necessary payments therefor, and to join and participate in or to dissent from and oppose any reorganization, recapitalization, consolidation, liquidation, sale or merge r of corporations or properties in which it may be interested as Trustee, upon such terms and conditions as it may deem wise . To register any securities or other property in its own name or in the name of its nominee, with or without the addition of words indicating that such securities are held in a fiduciary capacity, or to hold any securities in bearer form , but the books and records of the Trustee shall at all times show that all such investments are part of the Trust Fund. F . To retain, manage, operate, repair, improve , partition, dedicate or otherwise deal with any real estate held by it. -28- • ) I • 0 • • -• .. " ,,-. • .. . . , . • -.. ... G . To retain uninveste d s uch cash as it m ay deem n ecessa ry , with ou t obli gation to pay interest t he r eo n . H . In general, to exercise a ll powe r s m the m a n agem e nt of t h e Trust Fund which any individual could e xercise in the management of prope rty owned in his own right. Necessary parties to any accounting, litigation, or other proceedings s hall include only the Trustee and the City Council , and the se ttlement or judgment in any s uch case in which the City is duly served or cited s hall be binding upon all Members, Retired Members . Vested Members, or Be n e fi ciar ies under t h e Plan. and upon all persons claiming by. through or unde r them. 3-6-12-6: ADMINISTRATION OF THE TRUST F UND: The Trustee s hall pay or distribute all Plan benefits from the Trust Fund m s u ch form , in such amounts. at s uch times and to such p ayees as may be a uthonzed by the Retirement Board. The Trustee may employ suitable agents and counsel. The expenses in curr e d by the Trustee in the pe rformance of its duties hereunder and all prope r ch a r ges a nd dis bursements of t he Trustee, including all taxes lawfully assessed upon or in respect of the Trust Fund or its inco me , shall be charged a nd paid by t h e Trustee from the Fund. No member of the Retirement Board, as Trustee. s h all receive compensation for his services as such but shall be entitled to be reimburse d fo r a n y expenses incurred by him on behalf of the Trust Fund to the e xte nt that s uch expenses are not paid by the City . The Trustee shall keep detailed, accurate accounts of all investm e nts. r eceipts a nd disbursements and other transactions hereunder. All accounts , books and r ecords relating thereto shall be open to inspection by any person designated by the City at all reasonable times. The Trustee shall maintain such records. make s u ch computations and perform such ministerial acts as the City from time to time m ay request. On or before August 1 and February 1 of each year, the Trustee s h a ll file a report with the City in such form as the City may request. Tlus report s h all s h ow a ll purchases, sales, receipts, disbursements and other transactions effected by the Trustee during the six (6) month period for which the report is fil e d . It shall co nta in an exact description , the cost value as shown on the Trustee's books and the m a rk et value as of the end of such period of every item then held in the Trus t Fund. The Trustee shall be forever relieved from all liability to the City, the Fund, and a n y Member or Beneficiary with respect to the propriety of any of its acts or transactions shown in such report unless within ninety (90) days after the receipt of s uch report, the City gives the Trustee written notice of its objection or objections to any matte r set forth therein. The Trustee shall not be liable , either as a body or individually, for the making. retention, or sale of any investment or reinvestment made by it or originally re ceive d by it as herein provided nor for any expense or liability, hereunder, nor for any loss to or diminution of the Trust Fund unless due to or arising from its own gross negligence, misconduct, dishonesty or lack of good faith. The Trustee may consult with counsel and shall be fully protected in acting upon the advice of counsel. Unless otherwise advised , the Trustee may assume that the Plan at all times qualifies under Internal Revenue Code Section 40l(a) and that the Trust hereby established is at all times tax-exempt under Internal Revenue Code Section 501(a), as amended, -29- • I • 0 • • '-" • ~ --· • .. • -' " or a successor provisions . The Trustee shall have no responsibility for the accuracy of any information furnished it by the City . 3-6-12-7: REMOVAL OF TRUSTEE : Nothing herein shall be construed to prohibit the City Council from removing the Retirement Board as Trustee of the Retirement Fund by appropriate a mendment to this agreement. Upon removal of the Trustee, the City Council shall appoint a successor Trustee or Funding Agent. Upon delivery by the removed Trustee to its successor of all property of the Fund, less such reasonable amount as it s hall deem necessary to provide for its expenses , and any ta."l(es or advances chargeable or payable out of the Fund. the successor Trustee or Funding Agent shall thereupon have the powers and duties as are conferred upon 1t by the Trust Agreement or group annuity contract. No successor Trustee or Funding Agent s hall have any obligation or liability with respect to the acts or omission of its predecessors . 3-6-13: RETIREMENT BENEFITS AND RIGHTS INALIE NABLE : 3-6-13-1 : INALIENABILITY: Members , Retired Members, Vested Members and their Beneficiaries under the Pla n are hereby restrained from selling, transferring, anticipating, assigning, hypothecating, or otherwise disposing of their Retirement Benefit, prospective Retirement Benefit, or any other rights or interest under the Plan, and any attempt to anticipate, assign, pledge, or otherwise dispose of the same shall be void . Said Retirement Benefit, prospective Retirement Benefit and rights and interests of said Members, Retired Members, Vested Members or Beneficiaries shall not at any time be subject to the claims of creditors or others for liabilities or torts of said Members , Retired Members, Vested Members or Beneficiaries , nor be liable to attachment, execution, or other legal process . Notwithstanding the foregoing , the Retirement Board may approve payment~ an alternati,e pa,ee eased 11pen an, "«111alified demelltie relatien11 erder" all defined in Inter-I Re. en11e C6de Seetien I l 4EJ'), and lltteh pa, ment llh11ll net l,e deemed ~ l,e a prehil,ited 11Iten11ti6n ef l,ene6te . A. B. C . D. ASSIGNMENTS FOR: CHILD SUPPORT PURPOSES PROVIDED FOR IN COLORADO REVISED STATUTES SECTIONS 14-10-118 (1) AND 14 -14-107 , AS THEY EXISTED PRIOR TO JULY 1, 1996. INCOME ASSIGNMENTS FOR CHILD SUPPORT PROVIDED FOR IN COLORADO REVISED STATUTES SECTION 14-14-111 .5 . WRITS OF GARNISHMENT THAT ARE THE RESULT OF A JUDGME NT TAKEN FOR ARREARAGES FOR CHILD SUPPORT OR FOR CHILD SUPPORT DEBT, AND PAYMENTS MADE IN COMPLIANCE WITH A PROPERLY EXECUTED AND CERTIFIED COURT ORDER APPROVING A WRITTEN AGREEMENT DIVIDING RETIREMENT BENEFITS BETWEEN A MEMBER AND AN ALTERNATE PAYEE ("ORO"), ENTERED INTO PURSUANT TO COLORADO REVISED STATUTES 14-10-113 (6). -30- . ' I • 0 -----------------------------------~ .. ,-------------------.... ,-------- - • • -• ,,,--· • I •,, • - ... 3-6-13-2: BANKR UPTCY : If any Member, Retired Member, Vested Member or Be nefi cia ry s hall become bankrupt or attempt to anticipate, assign or pledge any benefits under the Plan, then s uch benefits shall, in the discretion of the Retirement Bo ard . cease , and in that event the Retirement Board shall have authority to cause the same . or any part thereof, to be held or applied to or for the benefit of such Member. hi s s pouse . !us children, or other dependents, or any of them , in such manner and in s uch proportions as the Retirement Board may deem proper. 3-6-14 : MODIFICATION OR TERMINATION OF PL'\.N : 3-6-14-1 : EXPECTATION: It is the expectation of the City that it will continue this Plan and the payment of its contributions hereunder indefinitely, but continuance of the Plan is not ass umed as a contractual obligation of the City. 3-6-14-2 : AMENDMENT: The City reserves the right to alter, amend, or terminate the Plan or any part thereof in such manner as it may determine , and such alteration . amendment or termination shall take effect upon notice thereof from the Ci t y to the Retirement Board ; provided that no such alteration or amendment shall provide that the Retirement Benefit payable to any Retired Member shall be less than that provided by his Accumulated Contributions or affect the right of any Member to receive a refund of his Accumulated Contributions and shall not directly or indirectly reduce any Member's Accrued Pension. And provided further, that no alteration or termination of the Plan or any part thereof shall permit any part of the Fund to revert to or be recoverable by t.he City or be used for or diverted to purposes other than the exclusive benefit of Members, Retired Members, Vested Members or Beneficiaries under the Plan, except such funds , if any, as may remain at termination of the Plan after satisfaction of all liabilities with respect to Members. Retired Members, Vested Members and Beneficiaries under the Plan and are due solely to erroneous actuarial assumptions . Further, no amendment shall cause the e limination of an optional form of benefit nor the elimination or reduction of an ea rly Retirement Benefit that continues after retirement. 3-6-14-3 : APPROVAL UNDER THE INTERNAL REVENUE CODE: The Plan is intended to comply with the requirements of the applicable provisions of Internal Revenue Code Section 40l(a), as now in effect or hereafter amended , and any modification or amendment of the Plan may be made retroactive, as necessary or appropriate, to establish and maintain such compliance . 3-6-14-4 : DISCONTINUANCE: The City reserves the right at any time and for any reason satisfactory to it to discontinue permanently all contributions under this Plan. Such discontinuance shall be deemed to be a complete termination of the Plan. 3-6-14-5: TERMINATION: -3 1- • • I -. I • 0 • • ·• ~ -· • f , ./ ... • -.. ' In the event of a partial or complete termination of the Plan, the Accrued Benefits up to the date of termination by the affected Employees and their Beneficiaries shall be nonforfeitable and all affected funds shall be allocated to affected Members, Retire d Members, Vested Members and Beneficiaries on the following priority basis of: A. An amount equal to the Accumulated Contributions, or balance thereof, which would be payable to the Members , Retired Members, Ve s ted Members or Beneficiaries should death occur on the date of the termin ation of the Plan. B. An amount of the remaining assets equal to a pro rata portion determmed on the basis of the ratio that the actuarial reserve for his Accrued Be nefit minus the amount in A. above credited to him bears to the total of s uch actuarial reserves minus the aggregate of amounts allocated under A. above . 3-6-14-6: DISTRIBUTIO N : When the assets of the Trust Fund have been allocated as indicated above , the distribution may be made in the form of cash or nontransferable annuity co ntracts as determined by the Retirement Board, provided that any affected fund s remairung after the satisfaction of all liabilities to affected Members. Retired Me mbe r , \ est ed Members and Beneficiaries under the Plan may be withdraw n by t h e Retire m e nt Board from the Fund and r e funded to the City . 3-6-15 : BENEFIT RESTRICTIOns mi EARbY TERMIN,',TIO!>i : RESER\'ED 3 6 16 1. RESTRICTIONS mi TWE!>ITY FIW HIGHEST PME> EMPbOYEES EFFECTI'\tE PRIOR TO J.\Nli.Yl¥ 1, 1993. Thie Seetien ede ferth the limieetiene re11ttireti 1,, the lnt.ern11l Re, en1te Se!"\ iee en the Empie, er eentPil, 11tiene .. hieh 11111, l,e t111eti fer the l,e neltte ef eert11in Empie, ees. Thi11 Seetien ahall appl, ffl an Empie, ee enl, ,f hi11 11nueip11teti 11nn1t11l Penaien exeeeti11 ene the1ta11nti fi, e h1tntireti tiellan (81 ,699.99) anti the Emp!e, ee .. ae 11111eng the t ... eney fi, e (06) higheet paiti 1111H i'iti1t11le ef me Empie, er at the time ef a1teh Empie, er'e initial eetal,ltelunent ef the Plan ("Plan" fer pltf'!leeee ef thie Seetien, tnel1ttiea the Pre i'ie1te Plan) er the ti11t.e ef II Hhae111tent 11111ena111ent .. hieh e1that11ntiall, inereaaea the peaeihil.itiee ef tiieerimi:natien 11e te Plan henefite . The ltmieetiene eet ferth in thie Seetien eh11ll heee111e 11pplie11hle if. A. The Plan ie t.eP111i:n11t.eti .. ithin t.en (19) , eare after its initial eetehlishment, er B . The Peneien ef 11n Empie, ee heeemes pa, 111,le .. ithin ten (19) , ears after the initial eeeehltehment ef the Plan . If111thaeetien B 111,e,e ill 11pplte11l,le , the reetrietiene .. il.l rematn in effeet lffltil the Plan hae heen in efreei fer t,en (19) , ean &em the initial eet11hltehment anti , if at that time, the fttll etlf'l'ent eeete ha,e heen fttntiea , the reswietiene .. ill ne lenger appl, . lh1theeetien B 111,e,e i1111pplteehle ana ihe fttll e'tlPrent eeete ha,e net heen fttntiea &Aer ihe Plan hae heen in efreet fer t,en (19) , e11r11 &em the initial e11tehliehment, the limitatien11 ehall eentin1te ffl 11ppl, 1tntil. the Fllll eltPTent eaet:e ha,e heea Nftded. -3 2- ... .. .... I • 0 G. • • • ·• • I , - Pl11n llt the enti 6f ten (19) ) e11r f h ti te meet. the fttll ettrrel'lt ellsts e f the est11lilishment er later if 01 ,~rem t e llte ef the Plan's initial If the Empie) er eentrilitttiens are sttffieient f • · e ""' eltt'rent eests 11re th ~ · h 11 ter stteh ten (19) )ear perieti then l'l'let «ir t e Hl'st til'l'le littt pre ,iettsl) limiteti 8) this Se :. e.,eess 6f liene!its PII) 11lile ttntier the Pl11n Aft .ti . I e ,en. e,er the 11mettnts 11ett1111:l 'ti L " ,.. t tft 11ttmp sttm te the retil'eti er ter . 8 , -~ ' ) p111 s n11u li e tieeettseti te his nttmeti Benefi . m1n1tte .,1el'l'llier. tf h. ing, er if ' e111r, er estttte . If 11 n Empie, ee is sttlijeet te th · · efthe fel:le .. ing. ~r ~8 ene ts shal:I n6t e.1eeeti the greatest T .. ent) thetts11nti tiell11rs (S29 999 99) , . , er A,n ttmettflt eempttteti Ii) mttltipl)'in t thettsttnti tiellttrs (S59 999 99) f h g .. J pereent (29 %) ef the Gr st lift) • · e t e 11nntt1tl eem · f tt1er1t,;eti e,er hts l11st fi,e (5) )ettrs ef t · . .pens11t1en e the Emple,ee th11n fi. e (5)) e11rs , 8) the nttmli f pttr te.1p1tt1en . er 11ettt11l) e11rs . if le ss estlt8lishment 5f the Plttn 8) s e~ ~ 'e~rs 8et .. een the ti11te 6f the imti11l tte mp6)er11nti +. 2-. The ti11te 6f termin11tien ef the Plttn its te s tteh Empl6 J r . e r In the _e11se ef an Empie) ee tieseri8eti in Stt8seetien B 6f t . ti11te bts Benettt 8eeemes PII) 88le if 8 ~ h hi s Semen. the ef the Plan. · e~re t e tiate 6f s tt eh t e rm1n11ti e n Em.pie) er en the tittte tieseri8eti in Stt8see:i:M11. e net 8een met Ii) stteh .. btehe. er is appliea8le , tlien the tiate 11hhe ~ : 1 11r Dl! ef tbts Seet111n , eests shaH 8 e stt81ltitttteti fer the fiat ~= ltt'e t11 meet stteh eltt'rent Dl! ehhts Seeti611 Fllr ttt e re~.rTe te 1n sttliseetiens D 1 6r He .. e,er, if the fttll eltt'rente11ste llfthe Pl h mtt~ lie ttseti fer the 8e!e::~e:n"f tietermnmig the e6ntrilittti6ns "hie!, Seeti11n applies , the nttm8er llf e!~pl~ ee ... hen sttbseeti6n Dl! ef thH ree6mpttteti fer eaeh 'ear if the )fttll ta en inte aeeettnt ma) lie stteh ) e!II' 8) hts Empht) er. ettt"Pent e68t8 ef the Pl1111 are met fer ::~i::~::: :eser~8eti 8811,e ma) lie e.1eeetieti ftir the pllJ'tlese 6f . ene t PIii) ments t11 retil'eti Empie) h ttl ether•1>u!e 8e sttlijeet t11 stteh restrietiens, pr6 ,j8:;:~:: ~) :I, 116 8 e11nt"8ttt111ns .. hteh ma) 8e ttseti fer ttn ..e pr11 ,itie a le, el am11ttnt ef Pensien in th Ii . ~eateti are ttpplieti either t6 fer ttntier the Plan fer stteh Empie) ( e 8~te 7rm 6f Bene lit pr6 ,itieti 6ptienttl ferm 6 f Benefit net gore t e~ 6• 8 e 'e amettnt 6f Pensien in an p · ' 8 er 1ft 11m11ttnt thttn the le el f ens.ten ttntier the 8ttsie ferm ef Bene!it) ti 2) h p:' amettnt " pre w,lieti it! sttpplementeti 8) menthl • ttn t e ens1en thtts te preo'itie the fttll Pensien i11 th 8 ry_ P;)ments te the e.,tent neeess11r, stteh sttpplemental pit) ments ttr: ::~: ;~~ ~;~: 8 :::i 8) the Plttn, anti 3) Plan ha ,e 8een met er if the 8 e ettPPent eests ef the fer al:l stteh retil'eti Emple,ees ~,;ore,;at: efstt~h sttpplemental p11)ments ·1, . ees '"" e1teee the aggregate e11ntrt ttttens alreati, matie ttfltier the Plan in the ¥ea th r en eltt'rent. The term "8enefits" as ttl!eti in thie s · . -3 3- • I • 0 - • ·• ,. ~-. G ' .. • .. the 1unettr1t ef an, eeath l,enefits aetttlt'H) rie, el,le afier the eeath ef aH Em rile) ee .. hether stteh eeeth eeettrs l,efere er efter reti:! e mel'lt . In ee!'lfermit) .. ith Seetien l. ~01 l(e )(2) ef the Treestti') Regttlatiel'ls . if the Plen is ame!'leee te il'lereese sttl,stel'ltiell) the e .1te!'lt ef ries s il,le «iisel'll!linetien es te eel'lt"etttiel'l@ ene as te eeHefits aetttaH_. fl8J al,le ttrien stteseqttent terminatiBn ef the Plan er sttbseqttel'lt eisee!'ltiHttaHee ef ee!'ltr1etttiens therettneer. theft the rire,is1ens ef this Seetie!'l shall be sripliee te the Plal'l as se ameneee as if it .. ere theH a He .. rils11 est11hlishee en the elate ef stteh amenement. e.1eerit that. iH i,laee ef the l!m1t eese"l,eel in Seetien 1.101 l(e)(2)Eiii ), efthc Treastt1) Regttlettel'ls . the Empie) er ,.entril,tttiel't!l .. !Heh ma, l,e ttsee fer the beHefit ef ttl'l Empie) ee "he is stti,ieet te the rire ttsiens ef this Seetien shall net e .teeetl t .he greatest ef the felle .. ing . & The Empie, er eeHtril,tttiene (er fttnels sttril,tttsl,le therete) .. h1eh • ettltl l.A. e 1,ee!'l sppl!eel te prettele the l,enefits fer the Emrile)ee if the Plsl'l i,r,er te smenelment hael l,een eentintteel "ithettt ehsnge, F . T .. ent) thettea!'lei elellars (6 20,000.00), G . The sttm ef 1) t:he Emple)er eentrietttiens (er fttnes sttr1etttttele the rete) .. h1el, .. ettlel ha, e l,een sppl!ee te rire ,iele l,enefiis fer the Em rile) ee ttneer the PlsH prier te amendment 1f it heel l,een terminsteel the els, l,efere the eff.eeti, e eate efehange, anel 2) an smettnt eempttteel 8) mttltiril)il'lg t .. ent) i,e1ee!'lt (20%) ef the ft1 et fift, thett!!llnei elellere (6&0 ,000.00) ef the anl'lttlll Cempe!'l81ttien ef the Emple)ee a,erageel e,er hie last lt,e (&) )esrs efriartieiristiel'l . er setttsl ,e111s , ifleee than ii,e (&) )eare, h) the nttml,er efYesrs l,et .. een the elttte ef th~ eme!'leiment ef the Plau 1,, the Empie, er snel +. 2-. The elate efterm1natien efthe Plsn 1,, the Emrile.uer . er In the eeee ef an Empie) ee eleseril,eli in sttl,eeette!'l B ef this Seetiel'l . the elate hte BeHeitt heeemes p!I) sl,le, if l,efere the eete ef stteh tem11!'lltt16!'l ef the Plan. i3 6 l& 3 . RESTRICTJmiS OF TWE~ITY FIVE HIGHEST PMD EMPbOYSES EFFECTED AFTER QECEHBER :31 , 1992. A . B . Rutr1et1en ef8eHefite. In the e,ent ef Plsn terminstien , the Beneltt herettH«ier ef ttft) htghl) eempeneateel Emrile, ee sn«i sn, highl) eemrieneste«i termer Sm pie) ee (H elefineel in Ce«le Seetien 11 t(Ql) is l!mite«i te a eerieltt thst is nenliteerimineeer, ttneler Ce«le Seetien 10l (A)(t). Re11tt'ieti1111 en Dieerilstttien . The llftftttM pe) ments te sn) "High 2&" Emrile, ee (tiefinetl lselew) are reetrieeeel ie an amettnt eqttal te the flll) ments thet .. ettl«i lse maae en lsehalf ef the 8mple) ee ttneler II single ttfe !IM1ttit) thet is the Adttanal 811tti,aleni ehhe ettt11 ehhe 8mple,ee'e Aeertteel Benefit !11'16 the ilmple)ee'e Mher l,enefite ttntler t:he Plan. The reetrietiene tie net eppl), fteoue,er, if. i-. l .. ~r pa) meM ee e11eh Empie, ee ef sll stteh l,enefite, the , 11h1e ef the Plee awlie e11ttal er e11eeetle ene httntlretl t,en pereent (1109') ef the • sh1e a(e111rem lialsmtiee (1111 tlefifletl in Ce«le Seetien 112(1)(7)), er -34- • . £\ I • 0 - • • • ·• /' . • ... • - The • sh1e ef stteh eenefits for 8t1eh 81'1 SmpleJ ee is less thsn ene i,ere ent (1%) ef the , sltte efstteh e!H'rent l:isbili.tie s . C. Smple) ees Wflese Benefits .~e Restl"ieteli (High 26 Smple, ees). The Smple)ees for 81'1) ~,en Plsn )esr nhese eenefits sre re strieteli ttnli er stteseetien B see,e ("High 26 Smple)ees") i11.elt11ie the t nent) fi,e (26) highe st p11ili , for s11eh Pl111'1 )ellf', ehH highl) eempe1'1s11teli Smple)ees 81'18 lttgh:I) eempenssteli farmer Smple)ees (ss liefil'leli ttl'llier Celie Seetien 11 l (Q)). ~ "Bel'lefit" Defil'leli . Fer the pttFpeses efstteseetien B see,e . "Benefit" ,neh,tle s leans il'I eiteess ef the smettnts set ferth in Cede Seetien i2ti,)(2)(J,). 11n3 perietlte il'leeme , 81'1) .. ithtlrsnsl ,slttes i,11)11ele te s li.1ng Smple)ee, 8ntl 8 nJ tlesth eene§ts 1'16t pre,itletl fer e) ins11rsnee en the Smple) ee's lii"e. a 6 16 a .. \l\Hrn-DME~JT OF Pb\N: If the Plsl'I is smenlietl te ineresse eel'lefits .. hieh "ettlli s11estsntisH) tnere8se the e.1tent ef pessiele liiserimil'l11tien 11s ts eentriet1tie1'18 er a s te eenefits ttp en termiflstien efthe Pl11n , the restrietiene set ferth see,e in Se etiens 3 6 11; I 8 1'1 8 3 6 16 2 (nhel'I e11eh Seetien is effeeti,e), sh11ll ee sppl:ieli te the Plsn 8 s tf it n e re 8 ne" pl11n est11elisheli 61'1 the li11te ehtteh eh1111.ge . 3 -6-16 : LIMITATIONS: 3-6-16-1 : REEMPLOYMENT OF FORMER NONVESTED MEMBERS: If a Member's employment terminates prior to his becoming a Vested Member and the Member is subsequently reemployed as an Employee , s uch Member s hall not be e ntitled to receive credit for his previous Credited Service under the Plan, ex ce pt a s provided in S UBSection 3-6-4-3 hereof. 3-6 -16-2 : REEMPLOYMENT OF FORMER MEMBERS : If a form er Member is ree mployed a s an Employee of the City, no Retire ment Bene fit p ay ments s hall be made during the period of such reemployment. Upon the s ubsequent ve sted termination of employment by s uch a Member, the Membe r s hall be e ntitled to receive a Retirement Benefit based on i) his Credited Se rvice prior t o the date of his previous termination (except Credited Service lo st after a fiv e (5) ye ar break under S UBSection 3-6-4-3 hereof), and ii) his Credited Service during the period of his reemployment, and iii) in the case of a disabled Member, his Credited Service while disabled . In the case of reemployment, of a former Member who r eceived , prior to his reemployment, any benefit payments (whether s ingle s um or periodic) with respect to which Credited Service is restored hereunder, the Retirement Benefit payable upon his subsequent retirement s hall be reduced by the Actuarial Equivalent of such payments, other than Disability Retirement Benefit payments, he received prior to his Normal Retirement Date, unles s s uch payment wa s a single sum that was repaid under SUBSection 3-6-4-3 hereof. -35- ' ' I • 0 • • .. /' • ... • • ' ' 3-6-16-3 : LIMITATION OF BENEFITS: Effective January 1, 1987, notwithstanding any other provision contained herein to the contrary, the benefits payable to a Member from this Plan provided by City contributions shall be subject to the limitations of Internal Re ve nue Cod e Section 415 in accordance with s ubsections A and B below : A. Defined Benefit Plan Only. Any annual Pension payable to a Member hereunder shall not exceed the lesser of: 1. Ninety thousand dollars ($90,000.00), adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his delegate , effective January 1 of each calendar year and applicable to the Limitation Year ending with or within s uch calendar year . or . if greater, the amount of s traight life , or qualified joint and survivor annuity accrued by the Member as of Dece mber 31 , 1982, OR 2. One hundred pe rcent (100%) of the Employee's average earning for t h e three (3) con secutive calendar years, while a Member in the Pl an . m which his earnings were the highest. For purposes of this s ubsection , earnings for any Lim itation Year shall be the Member's earned mco me. wages , salaries, and fees for professional services, and oth er a mo unts received for personal services actually rendered in the course of employment with the City (including, but not limited to , commissions paid salespersons, compensation for services on the basis of a percentag of profits, commissions on insurance premiums, tip s and bonuses), provided such amounts are actually paid or includible in gross income during such Year. Earnings shall exclude the following: 3. a. City contributions to a plan of deferred compensation which a r e not included in the Member's gross income for the taxable yea r in whkh contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductibl e by the Member, or any distributions from a plan of deferred compensation: and b . Other amounts which received special tax benefits, or contributions made by the City (whether or not under a s alary reduction agreement) towards the purchase of an annuity described in Internal Revenue Code Section 403(b) (whether or not the a mo unts are actually excludable from the gross income of the Member) . THIS SUBSECTION 2 , SHALL NOT BE EFFECTIVE FOR YEARS BEGINNING ON AND AFTER JANUARY 1, 1995 . Except as provided in subsection A5 below, which imposes additional limitations on the amounts payable to Members with less than ten (10) years of service, the foregoing limitations shall not be applicable with respect to any Member whose annual Pension under this Retirement System, and any other defined benefit plan maintained by the Employer, is leas than ten thousand dollars ($10,000.00), and such Member has not at any time participated in any defined contribution plan (within the meaning of Section 415(k) of the Code) maintained by the Employer. -36- • ., . ' I • 0 • • 8 . -• .. ,, ,,--· . • '· .. . . • -' .... 4. In t he event that a Member has less than ten (10) years of pa rtici pation in this Retirement System and predecessor plans hereto, the dollar limitation otherwise applicable under subsection Al above s h a ll be reduced by multiplying such limitation by a fraction , the numerator of which is the number of such Member's years of Plan participation (o r part thereof), but never less than one (1 ), and the denominator of which is ten (10). This paragraph shall. to the extent required by the Secretary of the Treasury, be applied separately to each change in benefit structure hereunder. 5 . In the event that a Member has been credited with less than ten (10) years of service. the percentage-of-average-earnings limitation othe rwise applicable under subsection A(2) above and the doll ar a mount otherwi se applicable under subsection A(3) above shall be reduced by muluplymg e ach by a fraction . the numerator of which is the number of s uch Member's years of service (or part thereof), but never le ss tha n one (1). and the denommator of which is ten (10). 6 . 7 . The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualifie d Joint a nd s urvivor annuity, provided payment begins between ages sixty-two (62) and sixty-five (65). If payment commences before age s ixty-two (62 ), the foregoing limitations shall be reduced so that they are Actuanally Equivalent to such a benefit commencing at age sixty-two (62). However, the reduction of this paragraph shall not reduce the limitation below seventy-five thousand dollars ($75,000.00), if payment commences after age fifty-five (55), or below the Actuarial Equivalent of seventy-fi ve thousand dollars ($75 ,000 .00) commencing at age fifty-fiv e (55), if payment commences before age fifty-fi ve (55). If payme nt co mmences after age sixty-five (65), the limitation shall be the Actuarial Equivale nt of a ninety thousand dollars ($90,000.00) annual benefit co mme ncing at age sixty-five (65). The interest assumption for purposes of determining Actuarial Equivalency under this paragraph shall be the interest rate otherwise used for purposes of computing optional forms of income payable under the Plan. but the rate s hall not be Je ss than five perce nt (5%) annually if benefits commence before age SJXty-fiv e (65) and s h a ll not exceed five percent (5%) annually if benefits commence after age sixty-five (65). FOR LIMITATION YEARS BEGINNING ON AND AFTER JAi\l UARY 1, 1995, THE PROVISIONS OF SUBSECTIONS 4, 5 AND 6 , OF THIS SUBSECTION (3-6-16-3(A), SHALL NOT APPLY TO DISABILITY RETIREMENT UNDER SUBSECTIONS 3-6-6-4 AND 3 -6-7 -3, OR TO DEATH BENEFITS UNDER SUBSECTIONS 3-6-9-1, 3-6-9-2, 3-6-9-3 AND 3-6-9-4, OR TO SUPPLEMENTAL DEATH BENEFITS UNDER SUBSECTIONS 3-6-9-5. Defined Benefit and Defined Contribution Plans. If, in any Limitation Year a Member also participates in one or more defined contribution plans maintained by the City, then for such Limitation Year, the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction (as described below) for such Limitation Year shall not exceed one. The Defined Benefit Fraction for any Limitation Year shall mean a fraction a) the numerator of -37- . , . ~ ) I • 0 • • .. • .. • • .. which is the projected annual benefit of the Me mber under the Plan (determined a s of the close of the Limitation Year). and b) the denominator of which is the lesser of one hundred twenty-five percent (125 %) of the dollar limitation under Internal Revenue Code Section 415(b)(l)(A) or one hundred for ty percent (140 %) of the percentage limitation under Internal Revenue Cod e Section 415(b)(l)(B) for the year of determination (taking into account the effe ct of Section 235(g)(4) of the Tax Equity and Fiscal Responsibility Act of 1982). The Defined Contribution Fraction for any Limitation Year shall mean a fraction a) the numerator of which is the sum of the annual additions (as defined in Internal Revenue Code Section 415(c)(2)) to the Member's accounts under all defined contribution plans maintained by the City as of the close of the Limitation Year (subject to reduction to the extent permitted under the transition rule in Section 235(g)(3) of the Tax Equity and Fiscal Responsibility Act of 1982), and b) the denominator of which is the sum of the lesser of one hundred twenty-five percent (125%) of the dollar limitation under Internal Revenue Code Section 415(c)(l)(A) or one hundred forty percent (1 40 %) of the percentage limitation under Internal Revenue Code Section 415 (c)(l)(B ), for such Limitation Year and for all prior Limitation Years during which the Member was employed by the City (provided , however, at the ele ction of the Retirement Board, the denominator shall be increased by using for Limitation Years ending prior to January 1, 1983, an amount equal to the denominator in effect for the Limitation Year ending in 1982. multiplied by the transition fraction provided in Internal Revenue Code Section 415 (e)(6)[B]). If, in any Limitation Year, the sum of the Defined Benefit Plan Fracti on a nd Defined Contribution Plan Fraction for a Member would exceed one (1 .0) without adjustment of the amount of the maximum annual pens ion that ca n be paid to such Member under paragraph Al of this SUBSectio n . then the amount of the maximum annual pension that can be paid t o s uch Me mbe r under paragraph Al, HEREOF, flf tht11 Seettflfl . shall be reduced to the exte nt necessary to reduce the sum of the Defined Benefit Plan Fraction and De fin ed Contribution Plan Fraction for such Member to one , or the Retireme nt Board may take such other actions as will cause the sum to equal one (1.0) or less. For purposes of this Section, the Limitation Year shall be the calendar yea r . THIS SUBSECTION B, SHALL NOT BE EFFECTIVE FOR YEARS BEGINNING ON AND AFTER JANUARY 1, 2000 . 3-6-16-4 : CONSOLIDATION OR MERGER: The Plan shall not be consolidated or merged with, nor shall any assets or liabilities be transferred to any other Plan, unless the benefits payable to each Member if the Plan were terminated immediately after such action would be equal to or greater than the benefits to which such Member would have been entitled if this Plan had been terminated immediately before such action . -38- .. . ' ) I • 0 • • : I 3-6-17: MISCELLANEOUS PROVISIONS : 3-6-17-1: RIGHTS OF MEMBERS : ~ .-. • • - .. .. ' Each Member shall be advised of the general provisions of the Plan and upon written request addressed to the Retirement Board s hall be furnished with a ny information requested regarding his status, rights and privileges under the Plan . Neither the establishment of the Plan, the granting of a Retirement Benefit, nor any action of the City or the Retirement Board shall be held or construed to co nfer upon any person any right to continue employment, nor, upon dismissal, a ny right or interest in the Trust Fund other than as herein provided . 3-6-17-2 : LIMITATION OF LIABILITY : No Member shall have any right to Retirement Benefits under the Pl an. except uch rights, if any, as may accrue to him upon his retirement from the service of t he Ci t y under the provisions of the Plan while it is in effect. All s uch benefits are payable solely out of the Trust Fund and in no event shall the City . the Trustee , or th e Retirement Board members be liable therefor. Neither the establishme nt of t hi s Plan, nor any amendment or modification thereof, nor failure of the Ci ty to provid e sufficient contributions to the same shall be construed as givmg to a n y Me mb e r , or other person, any legal or equitable nght against the City , or a ny offi ce r or director thereof, or against the Retirement Board, or any Member thereof. 3-6-17-3 : DIRECT ROLLOVERS : A. GENERAL. THIS SECTION APPLIES TO DISTRIB UTIONS MADE ON OR AFTER JANUARY l . 1993. NOTWITHSTANDING ANY PROVISION OF THE PLAN TO THE CONTRARY THAT WO ULD OTHERWISE LIMIT A DISTRIBUTEE'S ELECTION UNDER THIS SECTION, A DISTRIBUTEE MAY ELECT, AT THE TIME AND IN THE MANNER PRESCRIBED BY THE BOARD , TO HAVE ANY PORTION OF AN ELIGIBLE ROLLOVER DISTRIBUTION WHICH EXCEEDS $200 PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN SPECIFIED BY THE DISTRIBUTEE IN A DIRECT ROLLOVER . IF A DISTRIBUTEE'S DIRECT ROLLOVER DISTRIBUTION IS LESS THAN $500, THE DISTRIBUTEE MAY ONLY ELECT TO DIRECT ROLLOVER 100% OF THE ELIGIBLE ROLLOVER DISTRIBUTION. B. DEFINITIONS : 1. ELIGIBLE ROLLOVER DISTRIBUTION. AN ELIGIBLE ROLLOVER DISTRIBUTION IS ANY DISTRIBUTION OF ALL OR ANY PORTION OF THE BALANCE TO THE CREDIT OF THE DISTRIBUTEE , EXCEPT THAT AN ELIGIBLE ROLLOVER DISTRIBUTION DOES NOT INCLUDE : ANY DISTRIBUTION THAT IS ONE OF A SERIES OF SUBSTANTIALLY EQUAL PERIODIC PAYMENTS (NOT LESS FREQUENTLY THAN ANNUALLY) MADE FOR THE LIFE (OR LIFE EXPECTANCY) OF THE DISTRIBUTEE OR THE JOINT LIVES (OR JOINT LIFE EXPECTANCIES) OF THE DISTRIBUTEE AND THE DISTRIBUTEE'S DESIGNATED BENEFICIARY, OR FOR A SPECIFIED PERIOD OF TEN YEARS OR MORE ; ANY DISTRIBUTION TO THE EXTENT SUCH DISTRIBUTION IS REQUIRED UNDER -39- • . ' . ) I • 0 - • ,. ... • • - .. .. CODE SECTIO N 401 (a) (9); AJ\'D THE PORTIO N OF ANY DISTRIBUTION THAT IS NOT INCLUDABLE IN GROSS INCOME (DETERMINED WITHO UT REGARD TO THE EXCLUSION FOR NET UNREALIZED APPRE CIATION WITH RESPECT TO EMPLOYER SECURITIES). 2 . ELIGIBLE RETIREME NT PLAN . AN ELIGIBLE RETIREME NT PLA N IS AN INDIVID UAL RETIREMENT ACCO UNT DESCRIBED IN CODE SECTION 408 (a), AN INDIVIDUAL RETIREMENT AN NU ITY DESCRIBED IN CODE SECTION 408 (b), AND ANNUITY PLAN DESCRIBED IN CODE SECTION 403 (a), OR A Q UALIFIED TRUS T DESCRIBED IN CODE SECTION 401 (a), THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER DISTRIBUTION. HOWE VER. IN THE CASE OF AN ELIGIBLE ROLLOVER DISTRIB UTION TO TH E SURVIVING SPOUSE , AN ELIGIBLE RETIREMENT PLAi\/ IS AN INDIVIDUAL RETIREME1'i"T ACCO UNT OR INDIVID UAL RETIREMENT ANNUITY . 3 . DISTRIBUTEE . A DISTRIB UTEE INCL UDES AN EMPLOYEE OR FORMER EMPLOYEE . IN ADDITION , THE EMPLOYEE 'S OR FORMER EMPLOYEE'S SURVIVING SPOUSE AND THE EMPLOYEE'S OR FORMER EMPLOYEE'S SPOUSE OR FORMER SPOUSE WHO IS THE ALTERNATE PAYEE U NDER A QUALIFIED DOMESTIC RELATIONS ORDER, AS DEFINED IN CODE SECTION 414(p ), ARE DISTRIBUTEES WITH REGARD TO THE INTEREST OF THE SPOUSE OR FORMER SPOUSE . 4 . DIRECT ROLLOVER . A DIRECT ROLLOVER IS A PAYMENT BY THE PLAN TO ONE ELIGIBLE RETIREMENT PLAN SPECIFIED BY THE DISTRIB UTEE . 5 . WAIVER OF 30 DAY NOTICE FOR CASHO UTS OF $5 ,000 ($3 ,500 PRIOR TO JANUARY 1, 1998) OR LESS. IF A DISTRIBUTIO N IS ONE TO WHICH CODE SECTIONS 401 (a) 911 ) AND 41 7 DO NOT APPLY , SUCH DISTRIBUTION MAY COMMENCE LESS THAN THIRTY (30) DAYS AFTER THE NOTICE REQU IRED UNDER TREASURY REGULATION SECTION 1.411 (a ) -l l(c), IS GIVE N, PROVIDED THAT : a . THE BOARD CLEARLY INFORMS THE MEMBER THAT THE MEMBER HAS A RIGHT TO A PERIOD OF AT LEAST THIRTY (30) DAYS AFTER RECEIVING THE NOTICE TO CONSIDER THE DECISION OF WHETHER OR NOT TO ELECT A DISTRIBUTION (AND, IF APPLICABLE , A PARTICULAR DISTRIBUTION OPTION), AND b . THE MEMBER, AFTER RECEMNG THE NOTICE, AFFIRMATIVELY ELECTS A DISTRIBUTION. -40- .. . ' :, I· 0 • • • • ~ --• '. , .,. ~.,. .. . .. • • .. ... Section 2. Safety Clauses The City Council, hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Seyerabjljty If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its a pplication to other persons or circumstances. Sectjon 4 Inconsjstgnt 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. Sectjon 5. Effect of repeal or modjfic;ation The repeal or modification of a ny 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 proeecutions 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. Sectjon 6 . ~-The Penalty Provision of E.M .C. Section 1-4· l shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 21st day of June, 1999 . Published as a Bill for an Ordinance on the 25th day of June . 1999. Thomas J . Burns, 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 21st day of June, 1999. Loucrishia A . Ellis -41- ' . " .. . ' . ' . ... I • 0 ·.]- .. • .. .. • •• ' ... . //at l ORDINANCE NO ._ SERIES OF 1999 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 YNTRODUCE~L MEMBER lC- AN ORDINANCE AUTHORIZING THE VACATION OF THE NORTH 16 FEET OF lttGHT-OF-WAY LOCATED ON WEST JEFFERSON AVENUE BETWEEN SOUTH BANNOCK/SOUTH CHEROKEE ALLEY AND SOUTH CHEROKEE STREET BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City of Englewood received a request for vacation of the North 16 feet of right-of-way from Maxine Molner and Linda Unger the owners of 3642 South Cherokee Street; and WHEREAS , West Jefferson Avenue is not a thru-street between South Bannock and South Cherokee and the City has no plans to create a thru-street at tlus location : and WHEREAS, West Jefferson Avenue has a total right-of-way width of 50 feet al on g this half-block portion of West Jefferson Avenue ; and WHEREAS, this portion of West Jefferson Avenue serves only to provtde acces to the South Bannock/South Cherokee Alley ; and WHEREAS, the 24 foot paved right-of-way will provide adequate access from South Cherokee Street to the South Bannock/South Cherokee alley ; and WHEREAS, the vacation of this 16 foot right-of-way from the City will revert to the property owner on the North and be placed on the County tax rolls as such ; and WHEREAS , the Englewood Public Works Department has improved West Jefferson Avenue with concrete pavement for 24 feet in width and has no objection to the vacation of the North 16 feet of the unused right-of-way; and WHEREAS, the City of Englewood 's Neighborhood and Business Development has reviewed the request for the vacation of the North 16 feet of right-of-way for West Jefferson Avenue between the South Bannock/South Cherokee Alley and South Cherokee Street and recommends it be approved. -1- ., .. I • 0 - • • • .. • --• / ··~.~ . . : .. ,, .. -. " l • • .. ... ~ WHEREAS, the Englewood Planning and Zoning Commission reviewed the vacation of the 16 feet of right-of-way for West Jefferson between South Bannock/South Cherokee alley and South Cherokee Street at their April 20, 1999 meeting and recommended approval by the City Council ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The vacation of the North 16 feet of right-of-way located on West Jefferson Avenue between South Bannock/South Cherokee Alley and South Cherokee Street is hereby accepted and approved by the Englewood City Council . Introduced, read in full, and passed on first reading on the 21st day of June . 1999 . Published as a Bill for an Ordinance on the 25th day of June. 1999. Thomas J . Burns, 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 21st day of June, 1999. Loucrishia A. Ellis -2- .. ', ~ • I ·. I I • 0 32X • • - .. .,,.. . • • • ~1--:;::::~ L~==~~::~ ~ ~-o!!_.! ~------~ 1' -f---=~~ ~~~~---_-_:~r~=~~: ----------~------1.1 -------iJ --~~--i,J -------,i1 -~ ------:~ -------~~ ~-",»---" .. ----d ~ ---. -ia -----~ ~ --, .., ----. --,, ------... ,. "' ITHAC,A R1 ~--·----' --'4 ~------- ~~::::::::- . g-------- ~------_ -----~----· -------·--~--1 '-------- ---~t ~.-:.-.--~: ~ -• 1,. _______ _ -~i1,. ______ - .J 1---------", ' :e• .. , fl l--:..~:---:1 ~ [~~-----~ ~---. ----~ -~------·J 1..--c=-~ R ~ ·-•1 . r ~ .,, ~ r ---'..-*1 ... J: : :1 ~ j 5 ... ,. -;;n _. -~-LEHIGH % ~-----· §----"!. : ~-----;. ~---~ ~ ... --------... 5 ___ :._ __ , ------~ _____ J _P,!__ ~ .,. 2'C ...... ._.. J'1 Cl) -------, ~ -,. ' .. .... ,J I - • !----:-·:_) ~. _.. .. ~~j_j -_c,a -.!a ~ .u_:-~ ------=-~ .:--:;, .-"L• 1 •• "1 =-------i1 I'-,-;.;; J 1 I •• '1li -----r. r---·-..;; ------!~ r------~ --...---~--..... --~ -----~R __ "?_~ 6 ?'.4~-¥1 ,z, , t----,.,., ---...--~ ~---..-1~ ,,i I _,.1 ·-----.. ~ r···-·:s,1 ,,.I ~ ---~-..-1 r---..-J, I -----Zl·~--~ ---·--~: -----·1 •---~-..., ------ ... :-------i ______ !J AVE. ', .. ~-------. ,-·------"" . ~------ ;-··oi·:--, -----, --. ~--=-'~ __ P._" ,. ,. ~-......oc9 --.. ___ ...__'.· . ' --~-it l ~------~ ~--:---; ... I ~ = ' i! --------------0 __ .... __ _ -.·-•i % ~------; ~---. ~ ~------ ~ : ---., ,., ... , a _,._ ,• ...... ---~ _: • I • 0 - • -. .. ~ ,,-. • .. .. • -' COUNCIL COMMUNICATION DATE: June 21. 1999 AGENDA ITEM SUBJECT: Right-of-Way Va- cation 11 a ii INITIATED BY : Maxine M. Molner STAFF SOURCE : Harold J . Stitt. and Linda Unger. applicants. Senior Planner COUNCU.. GO.AL AND PREVIOUS COUNCU.. ACTION: There has been no previous Council action on this request. RECOIIIIENDED ACTION: Approve. on first reading. the Bill for Ordinance vacating the north 16 feet of light-of-way for West Jefferson Avenue between South Bannock/South Chero- kee alley and South Cherokee Street. BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED: Ms. Maxine Molner and Ms. Linda Unger own property at 3642 South Cherokee Street. which property abuts the right-of-way for West Jefferson Avenue. Over the past several years. Mr . and Mrs. Molner have registered complaints with the City in relation to this right-of-way: specifically. the right-of-way was unim- proved and vehicles using the right-of-way to and from the alley created severe dust problems: drainage onto the Molner·s property has also been an issue be- cause of the topography. The City has worked with the Molners to resolve these issues by construction of a berm and the proposed paving of a portion of the right-of-way . West Jefferson Avenue is not a through street between South Cherokee Street and South Bannock Street. and the City of Englewood has no plans to create a through street. This portion of West Jefferson Avenue does provide access to the South Bannock/South Cherokee alley. but a 50 foot light-of-way is not needed for this access . ... 0 I . 0 - • • .. .. -• ..• ./ ·•' .. .. ·, • • .. .... Public Works Department has proposed improving West Jefferson Avenue with concrete pavement 24 feet in width. and vacation of the north 16 feet of the unused right-of-way. The 24 foot paved right-of-way will provide adequate ac- cess from South Cherokee Street to the South Bannock/South Cherokee alley . FINANCIAL IMPACT: The 16 feet of right-of-way that is being vacated will revert to the property owner on the north, and will go on the County tax rolls. The City will no longer be responsible for maintenance of this 16 foot area. UST OF ATTACJIIIENTS: Bill for Ordinance Staff Report r:\depllnbdlgrouplboardslcouncil\cc -w. jefferson row vacation .doc • , . • ., ' .. ' . t 0 ' I . 0 32 • ·• p --. • .. • -' To: Planning and Zoning Commission Thru: From: Robert Simpson , Dire cto r of Neighborhood and Business Develop ment Harold J . Stitt. Senior Planner Date: April 14, 1999 Subject: Right-of-Way Vacation Request Case# VAC 99-02 Vacation of Right-of-Way along the 200 blocks of West Jefferson Avenue APPLICA.1"IT: Maxine M. Molner Linda Un!!er 3642 South Cherokee Street Englewood. CO 80 l l 0 LOCATION OF PROPOSED VACATION: ' The north 16 feet of West Jefferson Avenue ri!!ht-o f-wa v between the South Cherokee Stree t/South Bannock Str :et alley and South Cherokee Street. . RECOMi\>IENDA TION: The Department of Neighborhood and Business De,·elopment recommends that the requested right-of-way vacation be approved. BACKGROUND AND ANALYSIS: . This vacation request involves the north 16 feet of West Jefferson A venue right-of-way between the South Cherokee Street/South Bannock Street alle v and So uth Cherokee Street. West Jefferson Avenue is not a thru-street between South Bannock Street and South Cherokee Street and the City has no plans to create this thru-connection between South Bannock Street and South Cherokee Street . West Jefferson Avenue has a total right-of-way width of 50 feet along this half- block portion of West Jefferson Avenue . Th is portion of West Jefferson Avenue serves only to pro vide access to the South Bannock Street/South Cherokee Street Alley . The Public Works Department is proposing to improve this portion of West Jefferson Avenue with concrete paving at a width of 24 feet . This will provi de an adequate connection from the alley to South Cherokee Street. ZONE DISTRICT: R-3, High Density Residence District RELATION TO COMPREHENSIVE PLAN: The 1979 Comprehensive Plan designates this area as a high-density residence area . The Master Street Plan indicates that West Jefferson Avenue is a local street. . ... I • 0 .]-/ Case #V AC 99-02 Rjght-of.Wav Vacation PROCEDURE: ... -"'.·'" ' ' .. • • •• .. .. ... .. ' .. page 2 The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation. DEPARTMENT AND AGENCY REVIEW: No issues were identified regarding this vacation request. IIENG_CHISYS\DEP'TWBDIGROUPIBOARDS\PLANCOMMISTAFF REPORTS 99\VAC-99--02 .DOC ., .. . .. • I • 0 32X - ITHACA R1 ~-------' ;~J_ ______ _ -it:::::~~ --w-------,.:_.;.------- -1 r -------- ---~f ::.----~~: -~ ~-------- -,i1-------- -J •--------, .. • • f l ~-- --T--· ______ } 1----'i::H ~ ..... --- --------,, ------. JEFFERSON KENYON ~-~-LEHIGH AVE _ (§ - Proposed Vac'Jtion .. (~ ·• ,,,,-· • • • t-----;.;;; ""' --~--"' •• " '-' 0 z z C Ill \ 0 AVE . ~VE. AVE. .--------... ;---01.-,--~ -----, --. -" --~- 12 -----.!: , . ---~-. ,. -----it l -----.. · . I • 0 - • • ./ FEBRUARY 3, 1999 CITY OF ENGLEWOOD 3400 S ELA TI ST ENGLEWOOD CO 80110 • ! .. . . ,, • • • .. MAXINE MOLNER AND LINDA UNGER 3642 S CHEROKEE STREET ENGLEWOOD COLORADO 80110 ATfN. HAROLD STITT .. NE IGHBORHOOD ANO BUSINESS DEVELOPMENT B ENGLEWOOD. COLORADO DEPT. OF NEIGHBORHOOD & BUSINESS DIV . Subject: Proposed partial vacation of Jefferson avenue between Cherokee St., and Bannock Street. Dear Mr. Stitt: We recently discussed a proposal by the City of Englewood to vacate a portion of the North side of Jefferson Avenue from Cherokee Street east to the alley. This proposed vacation is defined on enclosed line drawings which you provided to us . We own the only private property which borders this proposed vacation. We request that the described area be vacated by the City of Englewood, and its ownership be restored to us. Please advise us if further action is required on our part. Thank you for your continuing help in this matter. Sincerely . /)1 (kfh:_2-/ )n -~.1,:;·'-.: (., signature : Maxine M. Molner signature: Linda Ung • d -s--77 date date .. ', ) I . 0 32 - • • • ,. ;·, ,. . .. .. ,,• ., , . •. • --• • •• ' f.ROPQSED V !\CATION .. .. Commencing at the N .E. cor. of Lot 34, Block 5, Skerritt's Addition to Englewood. second tiling; thence South 25' to the P.0.B.; thence South 6', thence on an angle to the right of 45°, Southwesterly 14.14'; thence on an angle to the right of 45°, West 129 .5'; thence North 16'; thence East 139.5' to the P .O .B. Said parcel contains 2,182 sq . ft .±· Prop V :u:.iion \/27/99 ., • J 0 I· 0 32X -. ..... • • • ./' ORDINANCE NO. SERIES OF 1999 ... .. ~ ---• .. • ,r • • ' .. ~ BY AUTHORITY COUNCIL BILL NO . 42 ~c~ A BILL FOR 6, CHAPTER 1, SECTIONS 11 AND 12, OF DE 1985, PERTAINING TO WOODSTOVES . WHEREAS , the Englewood City Co Code by the passage of Ordinances No . 3 adopted the current Englewood Municipal nd No. 39, Series of 1992; and WHEREAS , the current EMC prohibits th and existing construction ; and WHEREAS , woodstove s have improved greatly the area of pollutio stricter emission standards that have been determin d by the State the EPA; and WHEREAS , the adoption of the proposed ordinance t will allow the installation of woodstoves in new and exist" been tested, certified and labeled for emission perform Colorado Phase III/EPA Phase II standards; NOW , THEREFORE , BE IT ORDAINED BY T ENGLEWOOD , COLORADO , AS FOLLOWS · IL OF THE CITY OF Sectjon 1. The City Council of the Cit 6 , Chapter 1, Section 11 , of the Engle A . COLORADOP ANDEPAPHAS STMIBARE>S: Devices that are utilized so lely for the p of cooking food . Emi1111i11ne w meh ee11111iu 11el mere th1111 eighi (8) gp1111111 11er helll' ef pMtielll.11k!11 1111a 11e, mare tihe.11 a11e ht1:1ulreel (199) gTams per h1111P 11feerh111111111111111ilie . A WOOD BURNING STOVE WHICH MEETS THE EMISSION STANDARDS AS SPECIFIED IN THE FEDERAL REGULATIONS 40 CFR PART 60 SUBPART AAA AND MEETS THE EMISSION STANDARDS SET FORTH IN SUBSECTION 60.532(b)(l) or (2). -1- . .. , . " I • 0 - • t • .. ,. • _/ .. • •• .. " GREENWOOD VILLAGE : Stoves that comply with EPA Phase II or Colorado Phase ill are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado. JEFFERSON COUNTY : Stoves that comply with EPA Phase Il or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado. All stoves install below 7400' above sea level shall adhere to Denver's "No burning da ys". GLENDALE: Stoves that comply with EPA Phase II or Colorado ~ase ill are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . All stoves shall comply with State of Colorado Regional Air Quality Control Commission. LAKEWOOD : Stoves that comply with EPA Phase II or Colorado Phase mare allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado. All appliances shall be listed through the Air Quality Control Division . LITTLETON : All stoves approved by the State Health Department and are certified with a State Seal. WESTMINSTER : Stoves that comply with EPA Phase Il or Colorado Phase ill are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado . \ ., .. .. ··'\ . ' ) I . 0 32X .. • ... .. • - COUNCIL COMMUNICATION Date Agenda Item Subject June 21, 1999 Ordinance adopting 1 1 a iii currently prohibited Woodstoves Initiated By Staff Source Safety Service /Chief Building Official Lance Smith COUNCL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Municipal Code Title 6 , Chapter 1, is in its current form by the adoption of Ordinance No . 31 , Series of 1992 and Ordinance No . 39, Series of 1992 , which prohibits the installation of woodstoves in new and existing construction . RECOMMENDED ACTION Amend the Chapter to approve for installation woodstoves that have been tested , certified and labeled for emission performance in accordance with Colorado Phase Ill/EPA Phase II standards in new and existing construction . BACKGROUND, ANALYSIS, AND AL lERNATIVES IDENTIFIED Woodstoves that comply with Colorado Phase Ill/EPA Phase II standards are being accepted in most metro area jurisdictions . Woodstoves have improved greatly in the area of pollution • output with the stricter emission standards that have been determined by the State and EPA . • • This new generation of approved woodstoves now offers a clean burning alternative heating source that is being accepted statewide . UST OF ATTACHMENTS Building Division Survey Bill for an Ordinance • •, ... I· 0 ·] • • • ,,.,. . • : .. .. • •• ... ,?.ef ·'!2;7~;,t.;, -~ ,. "'· ;$},: .,..i :: " .•- '""''" City of Englewood . ' 34 00 S Elat , S1ree1 Eng lewood . Colorado 801 '0·230• Phone (303 ) 762·2300 (303 ) 762·230 1 To: Lance Smith, Chief Building Official FAX (303 ) 789 · t 125 From: Barbara Kuenel, Residential Permit Coordinator Date: 5-11-99 RE : Solid fuel , wood-burning stove survey ARAPAHOE COUNTY: NO wood burning stoves allowed, unless existing . ARVADA: Stoves that comply with EPA Phase II or Colorado Phase III are all o wed . All stoves shall bear the manufacturer's label and be ce nifie d by the State o f Colo rad o AURORA: Stoves that comply with EPA Phase II or Colorado Phase mare allowed . All stoves shall bear the manufacturer 's label and be cenified by the State of Colorado . CITY OF BOULDER: Stoves that comply with EPA Phase II or Colorado Phase Ill are allowed . All stoves shall bear the manufacturer 's label and be cenified by the State of Colorado . BOULDER COUNTY: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be cenified by the State of Colorado . BROOMFIELD: Wood burning stoves were banned in 1993 . New stoves must comply w ith State regulations . Stoves that comply with EPA Phase II or Colorado Phase Ill are allowed . All stoves shall bear the manufacturer's label and be cenified by the State of Co lorado DENVER: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be cenified by the State of Colorado. DOUGLAS COUNTY: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be cenified by the State of Colorado . • .. ) I • 0 • • r HIGH POLLUTION DAY : PERSON: SOLE SOURCE OF HEAT: SOLID FUEL: SOLID FUEL-FIRED HEATING DEVICE : B. High Pollution Prohibition. .. • .. • -.. That period of time declared to be a high pollution day by the Colorado Department of Health. An individual, partnership, corporation, company or other association. One or more residential solid fuel-fired heating devices which constitute the only source of heat in a private residence for the purpose of space heating. A residential solid fuel-fired heating device or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed furnace or heating system, designed to heat the residence, but is disconnected from its energy source , e .g., heating oil. natural gas , electricity or propane. Any combustible substance or mate rial, including but not limited to wood, coal and paper, so that usable heat is derived for the interior of a building. A device designed for soli d fuel combustion so that usable heat 1s derived for the interior of a building, and includes solid fuel-fired stoves, fireplaces , solid fuel-fired cooking stoves and combination fuel furnaces or boilers wluch burn solid fu el. Solid fu e l-fired heating devices do not include barbecue devices or natural gas fired or fireplace logs . l . After the effective date of this Section, no person may operate a solid fuel-fired heating device during a high pollution day unless an exemption has been granted pursuant to subsection C below . It shall be the duty of all persons owning or operating a solid fuel-fired device to be aware of any declaration of a high pollution day by the Colorado Department of Health . 2 . At the time of the declaration of a high pollution day, the City Manager shall allow three (3) hours for the burn down of existing fires in solid fuel-burning devices prior to the initiation of enforcement. C. Exemptions. l. A person who has an economic need to burn solid fuel for residential space heating purposes or who relies on a solid fuel-fired heating device as his or her sole source of heat may apply for a temporary exemption from subsection B of this Section. -2- • .. ) I • 0 3 • • • ,· .. • 'I';.,, • a . A person may demonstrate economic need by certifying his or her eligibility for energy assistance according to economic guidelines established by the United States Office of Management and Budget under the Low-Income Energy Assistance Program (L.E .A.P .), as administered by Arapahoe County. b . A person may demonstrate that he or she relies on a solid fuel-fire or solar heating device as his or her sole source of heat by signing a sworn statement to that effect. 2 . A person is exempt from subsection B of this Ordinance to burn a solid fuel-fire heating device provided that device has been certified to meet Colorado Phase III Emission Standards or EPA Phase II Standards for woodstoves and fireplace inserts. 3. An exemption obtained under this Section shall be effective for twelve (12) months from the date it is granted. D . Defense. It shall be an affirmative defense to a charge of burning on a high pollution day under subsection B above , that a power outage , interruption of natural gas supply, or temporary equipment failure existed at the time and location of the violation, which did not result from any action of the person charged with the violation. E . Inspections. For the purpose of determining compliance with the provisions of this Chapter, the City Manager, through authorized representatives, is hereby authorized to make inspections of solid fuel-fired heating devices which are being operated on high pollution days. lf any person refuses or restricts entry and free acceBB to any part of a premises, or refuses inspection or sampling of any device , facility or proceBB where inspection is sought, the City Manager, through authorized representatives. shall seek from the Municipal Court a warrant for inspection. The Court shall have full power, jurisdiction, and authority to enforce all orders issued under the provisions of this Chapter. F . Enforcement. 1. Any person violating any provision of this Section shall be punished by the penalties set forth in Title l , Chapter 4 of the Englewood Municipal Code. 2 . The Municipal Court Judge shall take judicial notice of any declaration of a high pollution day issued by the Colorado Department of Health. Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 6 , Chapter l, Section 12, of the Englewood Municipal Code, to read as follows : 6-1-12 : RESTRICTIONS ON INSTALLATION OF SOLID FUEL BURNING DEVICES : A. Definitions. As used in this Section, the following terms shall have the meanings as indicated: -3- .. ) I • 0 I • • • .. ~ .,-. • .. .. . • -' SOLID F EL B R NI:-.I G DEVI C E : Any fire place. stove , firebox or Slllllla r device designed or u sed fo r the purpose of burn ing woo d , coal. pulp , p a per. or othe r so lid combustibl e material s pecifically excl udrn g pe ll e t s . Any device whi ch meet s the r equireme n ts for burni n g solid fuel s uch as chimney diameter or co ns truction u nder the a pplicable provisions of the Urn.form Building Co de and/or Uniform Plumbing Code. a nd/or Uniform Mechanical Code , as in fo r ce in t he City of Englewood s hall be pr es um ed to be d esigned for burning solid co mbustible material. Solid fu el burning deV1ces sh all not include soli d fuel ba rbec ue devi ces or a pplia nces. FIREPLACE: A hearth , fire chamber or s imilar ly prepar ed pl ace , and a chimne~·- APPROVED APPLIANCE : Any gaseou s fue led a pplia nce d es igne d fo r and installed in a so lid fuel burning device. Gaseous fuels include n atura l gas a nd liquefied pe trole ums. APPROVED SOLID F UE L B URNI NG DEVI CE : A solid fuel burning device which has been ce rtified to me et the Co lor a d o Department of Health's Phase III Emiss io n Standards or EPA Phase II Standards for Woodstove s a nd Fire place Inserts . PERSO N: An individual, partners hip. co rpo r ation , co mpany or othe r associat10 n . B. Prohibition on New Solid Fuel Burning Device s . Exce pt as proV1ded in s ubsection 6-1-12C. No person s hall ins tall a so lid fue l burning deV1c e m a ny structure or building for which a building pe rmit is iss ued U NLESS SUCH DEVICE IS CERTIFIED AS A COLORADO PHASE III OR A EPA PHASE 11 WOODSTOVE . This prohibition applies to e xi strn g dwellings as we ll as new co nstruction. C . Pre-Existing Solid Fuel Burning Devices. Any solid fuel burning device may be either retrofitted .. ith 11ft 11ppr11, eli 11ppli11ftee or replaced with 11n 11ppr11. eli ll6tt6 fuel lntmfflg ae,!ee A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE . Solid fuel burning devices, including a pprove d solid fuel burning devices installed in accordance with the provisions of this Section, may be repaired to the extent that such repair, in the reasonable judgment of the City's Chief Building Official is necessary to prevent the existence or maintenance of an unsafe condition or to maintain pollution control , is determined to be minor in nature, or such device constitutes the so le so urce of heat for the structure. -4- ... ) I • 0 - • • .. ,-. . , ..... • •• .. .... ., D. Permit Restriction. No building permit shall be issued for a new structure or the remodeling of an existing structure which bas plans or other provisions for a solid fuel burning device , except as allowed under this Section. E. Safety Measures. No person shall disconnect an approved appliance. except as necessary to repair or replace the appliance in accordance with the applicable City building and safety codes'. F . Review . The City Manager, or his designee , shall advise the City Council ltftftllttll,i as to current air quality and progress in the industry in development of cleaner burning solid fuel devices, to assist the City Council in determirung whether certain solid fuel burning devices should be permitted in new construction. Introduced, read in full, and passed on first reading on the 21st day of June , 1999 . Published as a Bill for an Ordinance on the 25th day of June, 1999. Thomas J . Burns, 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, re a d in full, and passed on first reading on the 21 .. day of June, 1999. Loucrishia A. Ellis -5- ., ... 'l r .. ) I • 32 I .. -·· • .,. 1 .... • -' .... BY AUTHORITY ORDINANCE 0 . _ SERIES OF 1999 A BILL FOR COuNCIL BILL NO . 42 INTROD UC ED BY COUNCIL '.\[EMBER ______ _ AN ORDINANCE AMENDING TITLE 6. CHAPTER I. SECTIONS 11 AND 12 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINl:>lG TO WOODSTOVES . WHEREAS , the Englewood City Council adopted the current Englew ood :\1urucip a l Code by the pass age of Ordinances :,.l o. 31 and :,.lo . 39, eries of 1992 ; and WHEREAS , the current EM C proh1b1 ts the in stall auon of wood toves in all ne w and existing co ns truct10 n : a nd WHEREAS , woodstoves have improved greatly in th e a rea of poll ut1 on output with stricter e mi ssio n standards that hav e bee n dete rmined by the t a te of Co lorad o a nd the EPA : and WHEREAS , the adoption of the propose d ordinance th e En glewood M umcip a l Cod e will allow the installation of woodstoves in new and ex1 ting co n trucu on that h ave been tested , certified and labeled for emission performance m a cco rdance with Colorado Phase III/EPA Phase II standards ; NOW , THEREFORE, BE IT ORDAI~'ED BY THE CITI" COlJ:,.1 IL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Eng le wood . Colo rado he re by a mend . T1tl e 6, Chapter 1, Section 11 , of the Englewood Mun1 c1 p al Code . t o read as foll ows : 6-1-11 : WOOD BURNING AND SOLID F UEL-FIRED HEATING DEVI E : A. Definitions . As used in this Section the foll owing terms shall have the meanings as indicated: BARBECUE DEVICES: COLORADO PHASE III AND EPA PHASE II EMISSim~s STMllMJU>S : DeV1ces that ar e utilized solely for the purpose of cooking food . Emissiens "hcieh eentein net mere then eight (8) gPllm8 per hettr ef p11rtiet1l11tes end net mere then ene httnelreel (199) grams per hettr ef eerhen mene!Hele . A WOOD BURNING STOVE WHICH MEETS THE EMISSION STANDARDS AS SPECIFIED IN THE FEDERAL REGULATIONS 40 CFR PART 60 SUBPART AAA AND MEETS THE EMISSION STANDARDS SET FORTH IN SUBSECTION 60.532(b)(l) or (2). -I - • ., , . ) I • 0 • • .. • ,, • i-. .. ... .. • -' ... HIGH POLLUTION DAY : That period of time declare d to be a high pollution day by the Colorado Dep a rtment of Health . PERSON: An individual . partnership, corporation, company or other association . SOLE SOURCE OF HEAT: One or more residential solid fuel-fired heating devices which constitute the only source of heat in a private residence for the purpose of space heating. A residential soli d fuel-fired heating device or devtce s shall be considered to be the so le source of he at if the private re sidence 1s equipped with a permanently installed furnace or heatin g system . designed to heat the r esi dence, but 1s di sco nnected fr om its e ne rgy so urce , e .g .. h eating oil. natural gas. electricity or propane. SOLID F UEL: Any co mbus tible s ub s tance or mate rial. including but not limited to wood. coa l a nd paper , so t hat u sable heat 1s derived fo r t.h e interior of a building. SOLID FUEL-FIRED HEATI NG DEVICE : A device designed for so lid fuel combustion so that us able heat is derived for the interior of a building, and incl udes sohd fuel-fired stoves, fireplace s , solid fuel-fired cooking stoves and combination fu e l furna ce or boilers which burn solid fuel. Solid fuel-fired heating devices do not include barbecue devices or natural gas fired or fireplace logs. B. High Pollution Prohibition. C. 1. After the effective date of this Section. no person may operate a solid fuel-fired heating device during a high pollution day unless an exemption has been granted purs uant to sub sectio n C below. It s hall be the duty of all persons owning or operating a solid fu el-fired device to be aware of any declaration of a high pollution day by the Colorado Department of Health. 2 . At the time of the declaration of a high pollutio n day. the City Manager shall allow three (3) hours for the burn down of existing fires in solid fuel-burning devices prior to the initiation of enforcement. Exemptions . 1. A person who has an economic need to burn solid fuel for residential space heating purposes or who relies on a solid fuel-fired heating device as his or her sole source of heat may apply for a temporary exemption from subsection B of this Section. -2- . ., ' "' . . ' ' .. ~ .. ) I • 0 - • • .. ~ -• r • •' ,• • -.. a . A person may demonstrate economic need by certifying his or her eligibility for energy assistance according to economic guidelines established by the United States Office of Management and Budget under the Low-Income Energy Assistance Program (L.E.A.P .), as administered by Arapahoe County. b. A perso n may demonstrate that. he or she relies on a solid fu e l-fire or solar heating device as his or her sole so urce of heat by sigrung a sworn statement to that effect. 2. A person is exempt from subsection B of this Ordinance to burn a solid fuel-fire heating device provided that device has been certified to meet Colorado Phase III Emission Standards or EPA Phase II Standards for woods toves and fireplace inserts. 3 . An exemption obtained under this Section shall be effective for twelve (12 ) months fr om the date it is granted . .. D. Defen se. It s hall be a n a ffirmative defense to a charge of burning on a hi gh pollution day unde r s ub section B above, that a power o utage . interruption of natural gas s upply , or temporary equipment failure existed at the time a nd location of the violation. which did not res ult from any action of the pe r so n charged wi th the violation. E. Ins pections . For the purpose of determining compliance with the pron sions of this Chapter, the City Manager, through authorized representative s . is h ereby authorized to make inspections of solid fuel-fired heating devices which are being operated on high pollution days. If any person refuses or re s tricts entry and free access to any pa rt of a premises , or refuses inspection or sampli ng of any de vice. facility or process where inspection is sought, the City l\l a nager , thro ugh authorized represe ntatives , shall seek from the Municipal Co urt a warrant for inspection . The Court shall have full power, jurisdiction , a nd authority to enforce all orders issued under the provisions ofthi s Chapter. F . Enforcement. l . Any person violating any provision of this Section shall be punis he d by the penalties set forth in Title 1, Chapter 4 of the Englewood Municipal Code . 2 . The Municipal Court Judge shall take judicial notice of any declaration of a high pollution day issued by the Colorado Department of Health. Section 2. The City Council of the City of Englewood , Colorado hereby amends Title 6 , Chapter 1, Section 12, of the Englewood Municipal Code , to read as follows : 6-1 -12: RESTRICTIONS ON INSTALLATION OF SOLID FUEL BURNING DEVICES: A. Definitions. As used in this Section, the following terms shall have the meanings as indicated: -3- ~ ., ' ~ .. ) I • 0 • • .. ~ • ,~ '"t. .. . . • -' SOLID FUEL BURNING DE\ilCE: Any fireplace . stove. fire box or similar device designed or used for the purpose of burning wood , coal . pulp . paper. or other solid combustible material specifically excluding pellets. Any device which meets the requirements for burrung solid fuel s uch as chimney diameter or co nstruction under the applicable provisions of the Uniform Building Code and/or Uniform Plumbing Code , and/o r Uniform Mechanical Code , a s in force in the City of Englewood s hall be presumed to be designed for burrung so lid combu stible material. Solid fuel burning devices s h a ll not include solid fu e l barbecue devi ces or applia nce s . FlREPL.\CE: APPROVED APPLIANCE : APPROVED SOLID F UEL BURNING DEVICE : A hearth. fire chamber or s1m1Jarly pre pared place , and a chimney. Any ga seo u s fu eled a ppliance de s igned fo r and installed in a solid fuel burning devi ce . Gaseo us fuels mclud e na tura l gas a nd liquefied petrole um s . A so lid fuel burrung devi ce whi ch has bee n ce rtified to meet the Colo rad o Department of Health' Phase Ill Em1 ss1on Standards or EPA Phase II tandards for Wood stoves and Fireplace In erts. PERSON: An individual , pa rtne rsh1p . co rporation . company or other a ssoc ia ti on . 8. Prohibition on New Solid Fuel Burning De vices . Ex ce pt a s provi ded m subsection 6 -l-12C . No person shall install a so lid fue l burning device in any structure or building for which a building permit is iss ued UN LESS SCCH DEVICE IS CERTIFIED AS A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE. This prohibition applie s to existing dwellings a s well as ne w construction . C . Pre-Existing Solid Fuel Burning Device s. Any solid fuel burning devic e may be either retrofitted with an appre. ed applianee or replaced with an appre. ed t16lid ittel lnH"rttng de,iee A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE . Solid fuel burning devices , including approved solid fuel burning devices installed in accordance with the provisions of this Section, may be re paired to the extent that such repair, in the reasonable judgment of the City's Chief Building Official is nece ssary to prevent the existence or maintenance of an unsafe condition or to maintain pollution control , is determined to be minor in nature , or s uch device constitutes the sole source of heat for the s tructure . -4- • .. ) I • 0 - • • • • .. .... • •• ... D. Permit Re striction . No building permit s hall be issued for a new structure or the remodeling of an existing structure wluch has plans or other provisions for a solid fu el burrung device , except as allowed under this Section. E . Safety Mea s ures . No person shall disconnect an approved appliance , ex ce pt a s necessary to repair or replace the appliance in a cco rdance with the applicable City building and s afety codes'. F. Review . The City Manager, or his designee , shall advise the City Council 1tnnt111H, as to current air quality and progress in the indus try in development of cleaner burning solid fuel devices , to assist the City Council in determirung whether certain solid fuel burning devices should be permitted in new construction. .. Section z.'3safety Clauses The City Council, hereby finds . determines. and declares that this Ordinance is promulgated under the genera l police power of the City of Englewood , that it is promulgated for the health. safet y, and welfare of the public, and that this Ordinance is necessary for the preservation of health a nd safety and for the protection of public convenience and wel fa re . The City Co uncil further determines that the Ordinance bears a rational relation to the proper legislati\'e object sought t o be obta ined . Section t.f Severabijjty If any clause , sentence, paragraph. or part of thi s Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalJd, s uch j udgment s h all not affect impair or invalidate the remainder of this Ordinance or its application t o other persons or circum stances. Sectionhoconsistent Ordinances All other Ordinances or portio ns thereof inconsistent or conflicting with this Ordinance or any portion hereo f are her e by repealed to the extent of such inco nsis tency or co nflict. Section '1;tffect of repeal or modification The re peal or m odifi ca tion of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alte r , modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal wluch shall have been incurred under s uch provision. and each provision s h a ll 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 a s for the purpose of s ustaining any judgment, decree , or order which can or may b e rendered , entered, or made in s uch actions, suits, proceedings, or prosecutions. Sectio¢ 1.&na.lly. The Penalty Provision of E .M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 21st day of June , 1999 . -5- .., ) I • 0 - • .. • . . . . "' •r..,. 4 ~ .~.-· • ' •••• .. ... Published as a Bill for an Ordinance on the 25th day of June, 1999. Thomas J . Burns, 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, re a d in full, and passed on first reading on the 21 .. day of June , 1999. Loucrishia A. Ellis ., .. .,, .. . ' ... ·, I • 0 32X - ;ta, ~,' The Honorable Mayor Tom Bums City of Englewood 3400 S. Elati St. Englewood, Colorado 80110 Mayor Bums, ,. --• • .. .. ... .. IAY O t 1999 May 4. 1999 I would first like to express my personal appreciation for Englewoods past contributions to the 4th of July celebration . The past three Fourth of July Family Festival and Fireworks Celebrations have been and continue to be a tremendous success. The idea that such an event can be produced at no cost to the citizens continues to reflect the family values the City of Englewood continues to endorse . It should also be noted that a lot of citizens and employees contribute a lot of their own time to help plan and present the event . As with everything else in our business world today the cost of this celebration continues to grow. What we have failed to present to you before hand is the increased cost of the fireworks and all the ancillary charges that are required for an event this size. I am, at this time. asking the City of Englewood if they can increase their 1999 contribution to $6.000.00, from the budgeted $5 ,500.00. We have made a similar request of the City of Littleton and they have increased their contribution to $6.000.00 . Barring any weather related setbacks, I would also like to personally promise you one of the best fireworks displays and Fourth of July celebrations to be enjoyed by area residents . It just keeps getting better. Thank you in advance . Sincerely , .. .. . , -.. . ' . ) I· C, 32X . ]- TO: FROM: DATE: SUIUECT: • • Mayor Tom Bums Sue Bradshaw, Executive Assistant June 21, 1999 ... .. Colorado Municipal League Conference ... .. The Colorado Municipal League of Cities Conference will be held in Vail , Colorado , from June 22-24, 1999. Listed below are anticipated expenses while attending the conference . Registration Lodging Meals Mileage Total $150 .00 500 .00 300.00 75.00 $1025 .00 If you need additional information, please let me know . Thanks. ' .. V Printed on Recycled P-. ® , .. . ... _, . .. . ... I . 0 - TO: FROM: DATE: SUBJECT: .. • • Council Member Julie Grazulis Sue Bradshaw, Executive Assistant June 21 , 1999 • .. Colorado Municipal League Conference .. ... The Colorado Municipal League of Cities Conference will be held in Vail , Colorado, from June 22-24, 1999. Listed below are anticipated expenses while attending the conference. Registration Lodging Meals Mileage Total $200.00 700.00 300.00 75.00 $1275 .00 If you need additional information, please let me know . Thanks. Printed on Recycled Paper,~ . .:,,• . .. , I . . -_, TO: FROM: DATE: SUB.IECT: • --• • • Mayor Pro T em Alex Habenicht Sue Bradshaw, Executive Assistant June 21, 1999 .. ~ Colorado Municipal League Conference .. ' The Colorado Municipal League of Cities Conference will be held in Vail , Colorado, from June 22-24, 1999. Listed below are anticipated expenses while attending the conference . Registration Lodging Meals Mileage Total $150 .00 700.00 300.00 Th.QQ $1225 .00 If you need additional information, please let me know . Thanks. '· ' .. l .. Printed on Recycled Paper .® . .. ·. .,. .. •\ ~ " . ' • I . 0 32X - • • • ./ TO: FROM: DATE: SUBJECT: • • - Council Member Ann Nabholz Sue Bradshaw, Executive Assistant June 21 , 1999 .. .. Colorado Municipal League Conference .. .. The Colorado Municipal League of Cities Conference will be held in Vail , Colorado , from June 22-24 , 1999 . Listed below are anticipated expenses while attending the conference . Registration Lodging Meals Mileage Total $200.00 700.00 300.00 250.00 $1450.00 If you need additional information, please let me know. Thanks . ' .. I I;._!. Printed on Recycled Paper.~ ' . .. ,, .. • 1 l I . 0 32X - • • .. ,. ,,,-- • . ' :t_, .. .. • -.. .. JU N -11-99 10 ,1 1 F RO M • lCCT E LECO MCR CUFl NC • DISTRlCT COURT , COUNTY OF ARAPAHOE, STATE OF COLORADO Chi! Action No. Divtsion. ___ _ COMPLAJl'll"T JERRY SCOTT NESTI.ER and PA.:."fELA J. DEVON, Plaintiffs, V . CITYOFENGLEWOOD,and ALL UNKNOWN PERSONS 'WHO CLAThi A.i.W INTE.~ST IN TI-:E Sl."BJECT MATTER OF 1ElS ACTION , DefendantS. COME l'iOW, the Plaintiffs, by and throug.11 underngne:i COU.'lSel. Chad J . Barsness and Barsness, Hopp &. Flesch. L.L.C ., and submits the following Complaint apinst Defendants : L NATh"R.E OF THE ACilON 1. Plaintiffs bring this action for quiet title of real prope=ty and for declaratory j udg:ne:it. 2. At all times relevant to this case, the plaintiffs we:-e, and are now, residems of the Stare of Colorado. 3 . At all times material hcmo, Defendant City of Englewood (herein City") is and was a municipal corporation of the State of Colorado. ~i th its principal place of business at 3400 Sourh Elati, Eng!~·ood, Colorado, 80110 . 4 . Tnis court has jurisdiction over this action as provided by law . S. Jurisdiction and venue is also proper in the District Cou:t of the City and County of Arapahoe pursuant to C .R.C.P . Rule 98(a) and Rule 10S as such claim arises from a dispute over real property rightfully owned by the Plaintiffs and located in the City of Englewood, County of Arapahoe, State of Colorado. ... ' • . ' 14 a ) I . 0 - • • .. ~ ,,- • . ' / , . . . . . • -.. ..,, ....... -•• -:;::,:::, • ~ • ,al. 6 . Plaintiffs are the rightful owners of the following real property situated in the City of Engl«:'t'·ood, County of Arapahoe, State of Colorado: Legal Description: BEG1NNING A! A POINT 360 FEET SOUTH Ai'ID 2S6 FC....ET \VEST OF mE NORTIIEAST COR.i'IER OF 11iE NORTHEAST QUARTER OF SECTION 9. TOWNSHIP S SOUTH, RA.i'\fG£ 68 V."EST OF THE 6™ PRINCil>AL MERIDIA!'i IN ARAPAHOE COID.TI', COLOR.-\00; THENCE sou-rn S9 DEGREES 48' WEST 194.0 FEET PAR...u.LEL W1TH THE NORTII Lr.-.e OF SA.ID NORTHEAST QUARTER TO THE CF.\l"TER LINE OF THE CITY DITCH; lHENCE ALONG THE CE:-rrER LINE OF SAID CITI DlTCri, THENCE ALONG THE CENIER Lll-l"E OF SAID CITY DITCH SOLlE 6 DEGREES 32' E.-\.ST 125 .6 FEET; THENCE SOUTH 34 DEGREES 32' EAST S1.9i FEET; TI!ENCE SOL-rH 72 DEGREES 55" EAST 157 .25 FEET LEAVING 11iE CE.'\i"TER Lll'i"E OF SAID CITY DITCH AT THIS POI:'<1 , THENCE NORTH 2 14.46 FEET TO TrlE POC';1 OF BEGI}i?--L'iG. TOGETHER WITH A.'-EASEME~1 IN, l"PO~ A.'iD ACROSS I:-iE FOLLOWING DESCRIBED PROPEitTY: BEGINNING AT A POINT 30 FEET sourn A .. 'ID 295 FEET WEST OF rrlE NORTHEAST COR.\IER OF lEE NE..,'TEEAST QUARTER OF SECTIO~ 9, TOWNSmP 5 SOLiH. RANGE 68 \\'"EST OF THE 6ra P .~f.; lnE~CE SOUTH 330.0 FEET; THENCE SOUTH 89 DEGREES 48' 'WEST 18 .0 FEET. THENCE NORTII 330.0 FEET; niF.'iC:£ NORTH 89 DEGREES 48 ' EAST 18 .0 FEET TO THE POINT OF BE~"ING. Commonly known as : 850 West Quincy Avenue Englewood. CO 80110 7 . There may be persons interested in the rubj ect matter of this action whose names cannot be iascned herein because said names are ucl.no"'11 to :he Plaintiffs altl:o ug:i diligent cffons have been made to ascenai.tl the names of said penvns: il!Ch pers o ns have been made Defendants and designated as "All Uakno,~rn Pe:-sons Who Claim Any Interest in the Subject Matter of this Action;" so far as Plaintiffs ' knowiedge ex:talds, the interests of the unknown parties are derived through some one or more of the named Defendants. ID.FACTS 8. Pwntiffs incorporate paragraphs 1-7 as if fully set forth herein. ) I· 0 . ]- • • l "- • / .. .... .... • •• .. ,, 9 . On or about August 15, 1991, Plaintiffs purchased and were conveyed a tract of land located at 850 West Quincy Avenue, Engl~·ooo. Colorado 80110. 10. At the time of the c:onveyan~ a city ditch ran dong the edge of Plaintiffs' property. 11 . Prior to purchasing the said property, Plaintiffs obtained an endorsement from Scewar: T"tde Ser.;ces Corp ., a title insurance company, and was ad,ised by said title company that mere wen no encumbrances on said property. 12. Since purchasing the property, Plaintiffs have beeoce :iware of a. pwponed right-of- '111,ay claimed by the Defendant City. 13 . Upon information and belief; the City has used the ditcil with the consent of the Plaintiffs and Plaintiffs' predecessors and does not own any right-of-way on the pr~·- 14 . The said property owned by Plaintiffs includes appro:cimate!y 10 feet of the ~·idth of the 25 ' right-of-way . IS . The ditch has bc-...n used by neighborhood children as a path to obtam access to P!.aintiffs' yard and home resulting in a brcak-1n at Plaintiffs ' reside:i<:$ b y neighborhood children. 16. Since that time, the ditch has bee:i covered by the City and the City bas prohibitec! Plaintiffs from erecting a fence on the property due to the alleged rig.ht-of-way . IV. FIRST CLUM FOR RELIEF QUIET TITLE 17. P!ainti1fs incorporate paragraphs 1-18 as if fully set forth herein. 18 . Defendants may claim some right, title, or interest ir. and to the above described real property (hereinafter kno"Ml as the Proper::y) adv erse to Plaintiffs· rights to the property . 19 . The claims of said Defendant City and any unkno~11 defend.ants would be ~-ithout foundation or right. V. SECOND CLAIM FOR RELIEF DECLARATORY JL'DGML'"ff 20. Plaintiff's incorporate paragraphs 1-21 ~ if fully set fonh hCf'ein. Z I . The Plaintiffs are entitled to a Declantory Judgment in this matter. .: ) I . 0 32X - • ,. '{ ~· . .JUN-J.1 -:i:::, ld ·J..a r~t..,,,•1 ........... -----··•··--· ···- • • • .. ' " .. 22. rne primary purpose of me Uuifonn Declaratory Judgmem Act is to settle and to a1ford rdicf from uncertainty and imec:urity v.ith respect to rights, status, and other legal relations wbicb IR aS'ected by a smute or a comna, and to obtain a declaration of rights, SUllUS, or otber legal relations thereunder. C.llS. § 13-51-101 et seq. (See also C.llC.P. 57) 23 . Such c:oatrovasy exists wherein a property owners contest the validity of a purported right-of-way over their propen:y. WHEREFORE, the Plaintiffs pray as follows : l . That the Cowt Quiet Tale as to said Property and declare that Plaintiffs are the rigmful owners of said property and that Plaintiffs may erec: a fence over said property; 2. That the Court enter a declantory judgme::t in favor of Plaintiffs and against Defendants declari:ig that Defendants have no valid right-of-way over Plaintiffs ' property; 3 . For attorney's fees and costS incurred by Plaintiffs as a result ofbringing mis action; 4. For sucl1 other and furthe:r relief as the court may deem just and proper in. tbe~. Respeerlully submitted tbis Plaintift" s Address: 850 West Quincy Avenue Englewood, co 80110 I f1 day of_--i...,___.;;;._,__ __ __,. 1999 . h LLC By: ___ """--=--"-'----,r-=----~-- Cbad I. Barsness, ·· 5959 333 W . Hampde:2Ave ., Su.~e 510 E:lglewood, CO 80l!O (303) 806-8886 • ' .. , .. ,. ., .. . , . I . 0 - • • ,, • ./ .. • -' ... .. City of Englewood OFFICE OF THE CITY ATTORNEY Daniel L Brotzman , City Attorney Nancy N. Reid. Aasillanl City Attorney Dugan S. Comer . Assislanl City Attorney 3400 South Elati Stre et E~g!ewood . Colorado 30110-2304 Jerry ~estler 850 West Quincy Avenue Englewood, Colorado 80110 REGARDI::siG : The City Ditc:i. May 3. 1999 Phone (303) 762-2320 FAX (303) 762-2331 I have ;poken with the Englewood l"tilities Department and obt:ii.n ed a .:o p ,· of the on g1 n al Deed of Right-Of-Way for the City D1tc:i . P lea;e note that the at:ached Right-Of-W ay io r the City Ditch precedes yo ur Deed . In talking with the Englewood l"tilit1es Department the y have re jected your offer to fence and maintai.n this area . It was the deter:nmat1o n of the Englewood utilities Department to restrict all persons from using the Cicy ·. Right-Of-Way for the City Ditch in tlus area. Attached is a cop y of a letter John Bock will be ,endi.ng ou t . You m:i y W1sh to contact your title company or the previous owner. as to the improper leg:il descnpnon wluch mclude s the City Ditc:i. The Englewood l."tilities Department has indicated chat t hey will reconsider tlus issue ii all of the parties interested come to a co nsensus. That co nsensus m ust pre;e:-ve the Englew ood t:ulmes Department Right-Of-Way in all respects . Sincerae~·-,,/ __ / /.'/I ·7 _/ : . ' ~/ ! {/ f-·J!n_i;--,/ L, Daru . Br an CicyAtto u Attachment CC : DB/nf Stu Fonda John Bock • .. .,, .. I I • C, 32X .j ' l , 1, ! ...,. _:. • • • .. • ./ 1~ -:; • . i .. • •• .. •• • )•.J , ' ............. ,.,..,_,.-,1 .s::: . . . . . /.. .,._· :,,-, .. ~ ., ...... . i • • l:,,/".t~,../~/....';~. ---:--:--.-----::-:.-;::,,,.,-. ~~--.~~~~~-/ . ·'·/ I _t,: ~' ~:;~/,,!,., t ';y._.::_.,, _________ _ '.. ·.,-,,-,.., ,.;;._, v-;-'' ·.-~. :.;.......?.,-.U:::-· . ..:· i.. ... _.-..... -,--'~ ... , '.:•< ... ·/ / '(.~·_· .. :_.· .. r· . .:. .. _., --""· ~~· -(:, /,~ --:::-. -·.; ,...,...,. ,;, ._ ,_,...,.,_,--~ ·. ··-_,/, -- I •-./.J , •.•;•~ J .". '."·' ... -~--· '":;., ,"\ ... ;:_. ,:./ ,. .,, -! ......... : ....... --·-:.. ·. -~· ~-""'-,,.,, ·- .,, .. _, ....... -.~ -=-:-~l ""',,.·._ ... ':./• •.. ·· .. -:· ~-·...:/ ..... ·', .... ··--,/-,,. ,::.,-.r':9 ,5 ~--... ~ ..... :~~..l~-~"'.11 .... ': # t;;J ,1,;;.~ 1""".,,1/•,l-·-.. -:-I .!t-:Z-'!'' - :•_/).,; IA.,'i' :; .-..,V-//,l_,,., .. / ~.;/',,, /:: '· I ', ... I • 0 • . • --· .. • I• •,, .. .. • ' ._ -.. I i j ., I I .:1 ,/ I I / ·"','· J 1.f.,,. ·. :, ! I· J I .,,_,. r i I ":~:: I I ...... .... ,.;... :,._._ I ~--~ ·,, ,: ..:... --/::... _:. I •• -.. -- .: ·. :" .... ,...,., .. .. ..... -.·-..; ......... -.-. __ ... ,,.. .. ) • • I • 0 • • • cMr.."ds. .FmtN.mie,, ,d.;isc'iame,, «Addmsb .ciry,,, .Scm:,, cPost:l!Code,, .. . .. ,. .,-. • • - Apel 9, 1999 .. .. .. ... /u 'IOU= mosr likelv :nrare, vour home is siruaied act to die G rv D uc.'l . Toe G ry D irc.'l w:15 built in l8i 6 :md 'flS gr:mrcd a :z.s· aghr-of -,ny ~ die original owner o f :he lmd. Rcccndy ques tions h:l\'C uisen c onccming !he use o f die D uch o gnt-0f-wav fo r rc sidcnual 7:ird pu..7ose ,. BecJUSc die C);rc.'l c:2Cics a public \Vllft:r supply, :md beause die GI'· o f Engi c~·ood !us JC cess con c e::us :n mis =:i. die G ry has de ede d to close die Circ.'l to lil use s o lhcr dun :ho se se red in irs 0 ng,nal :,ght-:)r-.-s<' dec..-ee. The o n ginal aghr-vf-way de c :ce gi,-.e s die Gry the :gin :o te?:U:. m:11m :11n .inJ un?ro,·e :he '.::i:c.':. If you b:n-e :ltlY quc snons. o r aced :is siscnce. mu un c ;ill :ne lr :;o:;. -6:.:c,.::;. Sine!~!::. JEocl: l "c.h:e ~ \(:in :ig-::-oi .l.C..~srnnoc '· .::: ;. I • ~----~ ------- ' ~ " ' ~ . ' ' . • .. I • 0 . ] • • ·• • / • -' . r· _!I /Jw Lu 4wi,c ~~ ! l~ ;uu.j,,.. ~ AGENDA FOR THE @~ REGULAR MEETING OF r~ v . E ENGLEWOOD CITY COUNCIL 1. 2. 3. 4. 5. b-,£~ MONDAY,JUNE21 , 1999 V -·. -7:30 P.M. Call to order. f7 ." J( ~ Invocation . ~ Pledge of Allegiance. ~ "~' Call fr I /f KsM r ( ft) ltPJlo~ Minutes. Minutes from the Regular City Council meeting of June 7, 1999. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes .) a . c. Community Relations Officer Nancy Peterson will be present to address Cqu regarding the 4111 of July Family Festival and Firewor~. ~ (/I P..ft:,~&,;-..,,~Nd' Ahmad Fazel from the Regional Transportation tstrict an arry ame d Jim Bumanglag from the Colorado Department of Transportatio · nt to address Council regarding the RTD maintenance facility proposed for the General Iron Works vicinity . Les Jenkins from the Englewood Historical Society will be present to address Council regarding the Englewood Depot. PINN now: If you have • dlublllty and need auxlllary aids or Nl'Vic:es, please notify the City of Englewood (303-762-2405) at lent 48 hours In advance of when Hl'Vlces are needed. Thank you . • . ' . I· 0 ] • • •' Englewood City Council Agenda June 21, 1999 Page2 ....... ... 9. Public Hearing . (None scheduled) ff 10. Consent Agenda . .. ,. • .. • •• .. ... a. b . Approval of Ordinances on First Reading . /I~ A~al of O rdinances on Second Readi-;{ ~ /{){r / f-2___ ()12J /t ~ i. ~, Ji, ~ ii. v ,(J...7' ~ Council Bill No. 36 , accepting an Enterprise Zone Marketing and Administration Grant. Council Bill No. 39 , placing a question on the November ballot regarding Liquor Occupation taxes. · c. Resolutions and Motions . g 11 . Regular Agenda . a. Approval of Ordinances on First Reading . i . or,J~-0 {(f!j)- ~-D Council Bill No. 40 -Recommendation from the Department of Financial Services to approve a bill for an ordinance adopting the City of Englewood Non-Emergency Retirement Plan Document. S~F SOURCE: Frank Gryglewlcz, Director of Financial Services. Council Bill No . 41 -Recommendation from the Depa ent of Neighborhood and Business Development to adopt a bill for an ordinance vacating 16 f of an unused right-of-way for West Jefferson A~enu~mP.r 11Jepts . SOURCE: +ta,old J. 9lltl;'8enloi Planner. r,t:J~ '<!,IN 'V ~ iii. Council Bill No. 42 -Recommendation from the Department of Safety w _ Services to adopt a bill for an ordinance pertaining to Solid Fuel Burn ing 71'-"'-' J Op/J~-0 b . Devices . STAFF SOURCE: Lance Smith, Chief Bull~ Approval of Ordinances on Second Reading . g ------ C. Res o I u ti on s and Motions . g 12. General Discussion . a. Mayor's Choice . b . PINN noee: It you haw• dlublllty and nNd auxlllary aids or Nrvic:N, pleUa notify the City of Englewood (303-712-2405) at ..... 48 hours advance of when NrvicN .. needed. Thank you . • ., ,I . ' . ) I· () 2X - .. • • (' • •• .. • Englewood City Council Agenda June 21, 1999 Page3 13. City Manager's Report. a . CityCenter Englewood Update . 14. City Attorney's Report. ()~ Request for a motion to allow Hall and Evans to defe l'f G-c/rry Nestler and Pamela Devon .~ ] __ ~-'-'- Adjournment. ........ ,,,. . ,AJ.,,u -~ 'WIIP' lf/XJ.#11'7=5?~ The following minutes were transmitted to City Council between 6/4/99 -6/17/99 : • Englewood Public Library Board meeting of May 11, 1999 ... ' .. .. ,..._ noll: I you,-.• cllubllly and nNd auxlllay alda or wvlcN, plaw nollfy the City of Englewood (--7112-2405) al 1N1t 41 hcu8 In lldvance of when NrVloN .. nNded.. ThMk you. ., ' .. I . 0 • • l -. ·• ,. .,.-. - I WL a;-~ fl ·J?F ~-~d:iiu ~ 3.~i~u ~ 1 /4elWJ,, . 6. 9 et-l,/,;/99 . ~ ~~ a,,Jft-O f .. ) I· • • ·• ,,-. 0 -- ... ~4<¥22":m=-~ lii::JJ_ ~6--~~ -f0 T~ ~r,ww~ ~;:;_~ ~ uJ/ V--- ~-~fr /Ltr ~ ~ ~¥~g) ~ I-/ 1h: /r/} f::,1-h'z_L -Wzaln$~ '.) w ,.,J---r ;z. s#-1/t( . . ~-~~!3~ I . ·• ' . ,. --. 0 - ) • • I . -• • ------~~~-·,---------, . . --. . ' . . .. 0 - 0 • • II · -a l -• 43 Jj I ' • • l -• C ·• ~ . 0 -- 0 ) I· ·• ,. . .. e 0 ... - 0 ) • • I· •