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HomeMy WebLinkAbout1999-07-06 (Regular) Meeting Agenda- July 6, 1999 Regular City Council Meeting .. ,. --• • • ,, .. .. .. . .. ' 0 • • • • ~.:,1 l'"\• .le, .• • •• REGULAR CITY COUNCIL MEETING JULY 6, 1999 ORDINANCE t~ ~36, 37, 38, 39 RESOLUTION ·{ r, ~ ft, _d, ~ ~ M, vf, e'3, 6 V, ~ §.Y.' 6Y, 6¥, 6T, "Ur. J.r. U'; .),~')/. j6. Y, 77, 78, 79, 80, 81 • .. .. • • ' . ., .. '· ' ~ . I .. I • • 0 0 I . 32X ·.]- • • I. Call to Order .. .. • ..... . ,., • •• ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 6, 1999 .. 'The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:56 p.m. 2 . lavocatioa 'The invocation was given by Council Member Nabhol z. 3. Pied~ of Allqiance 'The Pledge of Allegiance was led by Mayor Bums. 4. RollCall Present: Absent : Council Members Nabhol z, Grazulis. Gam:IL Bradshaw. Ha benicht Waggoner, Bums None A quonun was present 5. Miauta Also present: City Manager Sears City Attorney Brotzman City Clerk Ellis Fire Marshall Greene Director Gryglcwicz. Financial Services Assistant City Manager Flaherty Engineering Manager Kalun Director Simpson. Neigl1borhood and Business Development Director Ross , Public Works (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1999. Ayes : Council Members Gam:lt, Bradshaw, Habenicht, Waggoner. Grazuli s, Bums Nays: None Abstain : Council Member Nabholz Motion carried. 6 . Scheduled Visiton (a) Joe DeBencdittis, scheduled to address City Council regarding Municipal Coun procedures tbat place adverse infonnation against individuals without a proper bearing, was not present. 7 . Noa-acbeduled Visiton (a) Ron Gold, 2812 South Bannock, stated he has lived and worked in Englewood since 1976 . He noted that he spoke to some members of Council about some of this already . He said he would • ,. ', ... ) I • 0 • • -• Englewood City Council July 6, 1999 Page2 r •,. ,. --. • , . • - like to speak to Cowicil, and others present, about Englewood's laws. or lack of laws . regarding gun control . The weapons that killed IS people al Columbine High School arc all illegal in Denver. but completely legal to buy in Englewood . Denver has very specific laws forbidding sale . he said. of both assault weapons and the cheap hand guns known as Saturday Night Specials. Englewood docs not have any laws like this . Denver has laws regarding gun locks and safe storage of weapons . Englewood docs not . Denver has laws that declare any business a public nuisance if they do not adhere to these laws . Mr. Gold said he spoke to Safety Services Director Olson and he staled that !here would be nolhing forbidding any store selling gWJS. 10 sell assaull weapons in Englewood . Mr. Gold said thal Mr. Olson also stated that a number of times. he has seized assault weapons from criminals. from felons . in Englewood . Mr. Gold noted that he has been in some Englewood businesses where there have been dozens of weapons. rifles and other guns. unlocked and accessible to anybody without any store personal. for 1en or fiflcen minutes. even in sight. These arc active places selling guns today . Personally. he said. he knew lwo parents who had children at Columbine and we don~ need anymore things like this to happen anywhere . least of all in Englewood . The son of laws that Denver has. Denver has had on the books for five or sax years and the) have cenainly held up well in court. he advised . He said he secs no reason. whalsoc\"er . why Englewood caMOt follow the examples of olhcr cities. of other towns and show that we care and do somcthmg regarding this danger. Mayor Bums advised lhat they had on Council's Study Session Agenda a co mpanson between Dem cr's weapons control laws and Englewood's. bul they just did not gel to ii 10111 ght. So . he 1a1cd. \\C arc addressing that issue and he !hanked Mr . Gold for coming. 8 . Communications, Proclamations and Appoi•tnaenl5 (a) A lcller from Theodore W. Sell indicating his resignation from lhc Code Enforcement Advisor)' Commincc and Keep Englewood Beautiful was considered . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF THEODORE W. SELL FROM THE CODE ENFORCEMENT ADVISORY COMMl1TEE AND KEEP ENGLEWOOD BEAUTIFUL Ayes : Nays : Motion carried . Council Members Nabholz. Garrett. Bradshaw . Habenicht Waggoner. Grazulis. Bums None MAYOR BURNS PULLED ITEM 8 (r) FROM THE AGENDA. (A RESOLUTION RECOMMENDING THE APPOINTME!'li, OF EDWIN SANBORN TO THE HOUSING AUTHORITY FOR TIIE CITY OF ENGLEWOOD. COLORADO.) Mayor Bums advised that the change in lhe law regarding Housing Aul11orities provides 1ha1 the Mayor appoints or there is a separate bod y appointed by the Council to appoint members of the Housing Authorit y Board. Mayor Bums said he understands lhe previous recommendation by City Council is nOI in the law anymore. plus we arc appointing a COWJCil member to a new position tonight, so he 1hough1 it was appropriate to not have that resolution there. because it is not legally required anymore . He staled Mr . Sanborn has appeared before the COW1Cil and the Housing Authorily Board and is acccp1ablc to bOlh . Mayor Bums staled he has signed a letter appointing him to the Housing Aul11ori1 y Board . so he thought we did nol need to have him on this list. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH (u) EXCLUDING 8 (r). Ayes : Council Members Nabhol7~ Garrett, Bradshaw, Habenicht. Waggoner. Grazulis. Bums Nays : None Motion earned . • I • • • • En&lewood City Council July 6, 1999 Pagel •· ... ·~ • • - (b) RESOLlITION NO . 55 . SERIES OF 1999 .. ... ' ... A RESOLlITJON APPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . Mayor Bums prcscnled a cenificale and City pin to Mr. Benoluizi . (c) RES0Ltrr10N NO . 56. SERIES OF 1999 A RESOLlITJON APPOINTING ERIC BERTOLUZZI TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . Mayor Bums presented a cenificale and City pin to Mr. Benollllli. Mayor Bums noled lhal Mr. Benoluzzi is a long Slanding member of the Colorado Symphony Orchestra and lhey think he will be a very valuable member of this Conunission and Board. (d) RESOLlITION NO . 57. SERIES OF 1999 A RESOLlITION APPOINTING JILL CARLSTON TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a cenificale and City pin 10 Ms . Carls&on. (c) RESOLlITJON NO . 58. SERIES OF 1999 A RES0LlIT10N APPOINTING JILL CARLSTON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a cenificatc and City pin to Ms . Carlston. (0 RESOLlITION NO . 59. SERIES OF 1999 A RESOLlITION APPOINTING JILL CARLSTON TO THE URBAN RENEW AL AlITHORITY FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a cenificate and City pin to Ms . Carlston. Mayor Bums noled lhat Ms . Carls&on has agreed lo serve on all lhree and he asked for a round of applause . (g) RESOLlITION NO . 60 . SERIES OF 1999 A RESOLlITION APPOINTING BILL CURNOW TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD . COLORADO . (h) RES0Ltrrl0N NO. 61. SERIES OF 1999 A RESOLlITION APPOINTING ABDI DULANE TO THE CLEAN , GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (i) RESOLlITION NO . 62 , SERIES OF 1999 A RESOLlITJON APPOINTING GERALD GARTNER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . • ) I • 0 . ] • • • E•&ln·ood Cily Council July 6, 1999 Pace• }" .... ' .. ~ ,,-·· • • - (j) RESOLUTION NO. 63. SERIES OF 1999 .. ,, .. ' A RESOLUTION APPOINTING AUSTIN GOMES TO THE CODE ENFORCEMENT ADVISORY COMMITrnE FOR THE CITY OF ENGLEWOOD. COLORADO. (k) RESOLUTION NO. 64. SERIES OF 1999 A RESOLUTION APPOINTING BRIAN HAMBLETON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. (I) RESOLUTION NO. 65. SERIES OF 1999 A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS A YOUTH LIAISON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums nolcd that Mr. Heberling is a student and has been really wonderful as a youth l iaison and he is also on the Public Library Board . He said he thought we owe a special debt of g ratitude to him. because both of those arc reappointments . (m ) RESOLUTION NO. 66. SERIES OF 199 9 A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS YOUTH MEMBER TO THE PUBLI C LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. (n) RESOLUTION NO. 67. SERIES OF 1999 A RESOLUTION REAPPOINTING SELWYN G . HEWITI TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD. COLORADO. (o) RESOLUTION NO. 68. SERIES OF 1999 A RESOLUTION REAPPOINTING ROSEMARY LAPORTA TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (p) RESOLUTION NO. 69. SERIES OF 1999 A RESOLUTION REAPPOINTING DOROTHY MARTINEZ TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a certificate and City pin to Ms. Manincz. (q) RESOLUTION NO. 70. SERIES OF 1999 A RESOLUTION APPOINTING CHRISTOPHER RANSICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (r) (s) 11tis resolution was pulled. See page 2. RESOLUTION NO. 71 , SERIES OF 1999 A RESOLUTION REAPPOINTING RAYMOND D . TOMASSO TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a certificate and Cily pin to Mr. Tomasso . . ., ~ ' . . ) I • 0 • ,. Eapewood Cily Council July 6, 1999 Page5 I• -:•' ~ ---• ·~ • - (t) RESOLUTION NO . 72. SERIES OF 1999 .. ... A RESOLUTION REAPPOINTING CLIFFORD M. WEINBERGER TO THE OOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORAOO . (u) RESOLUTION NO. 73 , SERIES OF 1999 ... ... ' A RESOLUTION REAPPOINTING OLGA WOLOSYN TO THE CUL TIJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a certificate and City pin to Ms . Wolosyn . Mayor Bums expressed. on behalf of Council . their special appreciation of all our citizens who SCl"\'e on our boards and commissions. Tbcsc boards and commissions could no1 function without the participation of our citizens and we have a IOI of loyal people who serve and Ibey lend an awful IOI to our community . He asked for a round of applause for all of them. Council Member Grazulis suggesled that if Mr. Sanborn was present he should be recognized . Mayor Bums agreed and had Mr. Sanborn come forward . He introduced Mr. Sanborn and explained that by Statute he appointed him to the Englewood Housing Authority . Mayor Bums noted ii is the first time in the history of the Housing Authority that we ha~'C a tenant SCl"\-ing on the Board. He ad\'iscd this was mandated by Federal law rccenlly and we are creating a different position for the member of City Council . l1151ead of being a full member of the Housing Authority Board the new Council position will be an ex- officio position and thereby that Council member will be able to vote on Housing Aulliority matters that come before the City Council without being conflicted out. It worts better for the City Council . Mayor Bums Slated they have the special pleasure of having Mr. Sanborn join the Housing Authority Board. He is the current President of the Simon Center Tenant Council . Mayor Bums thanked Mr. Sanborn . Mayor Bums noaed Mr. Sanborn will receive a letter i1151ead of a certificate. 9 . Public Hearinc No public hearing was scheduled before Council . 10. Consent Agenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), {ii) and (iii) ON FIRST READING. (i) COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2. 1999 . (ii) COUNCIL BILL NO . 37 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bill FOR AN ORDINANCE AMENDING TITLE 12 . CHAPTER 18, SEcnON 10. OF THE ENGLEWOOD MUNICIPAL CODE 198S , PERTAINING TO FIRE HYDRANTS . ' ~ .. " ) I • 0 • ,/ En&kwood City C1N1ncil July6, 1999 Pqe6 t • ..,:.: -·· , ' -' -. .. ' .. • /'"' • • • ' ... (iii) COUNCIL BILL NO , 32, INrRODUCED BY COUNCIL MEMBER BRADSHAW .. A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY. Motion carried , Ayes : Cooncil Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner, Grazulis, Bums Nays : None (b) Approval of Ordinances on Second Reading COUNCIL MEMBER BRADSRA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) ud (ii) ON SECOND READING. (i) ORDINANCE NO . 34 . SERIES OF 1999 (COUNCIL BILL NO _ 4L INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE VACATION OF THE NORTH 16 FEET OF RIGHT-OF-WAY LOCATED ON WEST JEFFERSON A VENUE BETWEEN SOUTH BANNOCK/SOUTH CHEROKE E ALLEY AND SOUTH CHEROKEE STREET BY THE CITY OF ENGLEWOOD . COLORADO , (ii) ORDINANCE NO , 35, SERIES OF 1999 (COUNCIL BILL NO _ 42 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 6, CHAPTER I. SECTIONS 11 AND 12. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO WOODSTOVES . Vote raulu: Motion carried. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht , Waggoner. Grazulis. Bums Nays: None (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) AND (ii). (i) SEWER TAP AGREEMENT WITH BASS RESOURCES FOR STAYBRIDGE SUITES. (ii) CONTRACT WITH THOUTT BROTHERS CONCRETE CONTRACTORS , INC . FOR CONCRETE UTILITY 1999 IN THE AMOUNT OF $398.242-50_ Vote raultl: Motion carried. Ayes : Council Members Nabhol z, Garrett. Bradshaw , Habenicht , Waggoner, Grazulis, Bums Nays : None 11. Rqular Aeeada ~ " ,. " \ ' ' • "' I I . 0 32xl - • • • . Enckwoocl City Council July 6, 1999 Page7 )•. :It' • ,,... • • - (a) Approval of Ordinances on Firsa Reading .. .. ' ... (i) Fire Marshall Gn:cne pn:senled a recommendation from the Dcpanment of Safety Services/Fire Marshal to adopt a biU for an ordinance repealing Title 7. Chapter 4 of the Englewood Municipal Code per1aining to burglary prevention. He advised they were charged wilh going back lhrough the Municipal Code when they were getling ready to do the reformatting and looking al some of lhe articles thal were in there. Mr. Gm:ne said Ibis one caight his eye. the best he can figure oul is lhal Ibis one was originally written in 1973. In looking aa specific pans of this Code he noted that a IOI of ii goes back 10 the 19S3 Building Code from Denver. which Englewood adopted up until the late sixties or early SC\'enties . As you look down through Ibis, he noicd, lhal if the business owner was lo comply with whal is in Ibis ordinance. lhen when the Fire Depanmen1 comes in for their annual inspection. they could actually be cited for complying with Ibis, because they conflict with each Olher. So, he said. he is looking al relll0\'1ng this because most of the items in here concerning doors and barring of 1he doors and all of thal is already covered in the Building Code and helped to be maintained by the Fire Code. He said he looks al this as kind of like ... can we al least updale Ibis and make ii more user friendly for the business owner so he doesn't ha\'e to comply with lwo sets of rules and get in trouble with each one . Also. when !hey talked about some of the exiting issues in here. one of them was using a door 10 cxil onto a roof. Well . he noled . common sense kind of says ... isn'I thal going the wrong direction. aren't you suppose to exit from the roof. into the building and out the building? So he is looking al Ibis as being somewhat of an antiqua1ed ordinance thal was in there and they would like to bring it current lo what we arc using loday. Mr . Greene said he was open for questions . In response 10 Mayor Bums. City AIIOl'IIC)' Brotzman said ii looks good . Council Member Waggoner asked if there is a conflict between the Fire Code and the Building Code . Fire Marshal Grccnc said actually no. the two h;n-e been corrclaled since probably the l 98ll Code . They arc done by an outside company. the)• arc done by an International Conference of Building Officials out of California Thal is where we buy our Code books from thal we bring to Council to be adopted . So. Council Member Waggoner said. those "'·o arc compatible and ii is just the Municipal Code lhal is not . Mr. Greene said thal is oom:cl . Mayor Bums noted the ICBO is often changed a linle bit tweaked. by the local municipality. Fire Marshal Greene confmncd Ila it is and noted they will probabl y be bringing lhe 1997 Edition to Council in the near fulure. COUNCIL BILL NO . 16. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE REPEALING TITLE 7. CHAPTER 4. OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO BURGLARY PREVENTION . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 16, ON FIRST READING. Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner. Grazulis, Bums Nays : None Motion carried. (ii) Director Gryglewicz presented a recommendation from the Department of Financial Sef\'ices to adopt a bill for an ordinance adopting the City of Englewood NonErnergency Reliremenl Plan Document (the Plan). He ad\'ised lhal this ordinance was actually read on first reading on June 21 •, but our outside anomey, Manin Semple. had fC\'iewed ii and made suggestions 10 amend it and thal is why Ibis is going on first reading apin tonight. The City :Clerk read the Council Bill by title : • ., •, • I ... I • 0 • • • / Eactewood City CouacU Jaly 6, 1'99 ••• , .. .. ; .... .. ~ -· • • -... COUNCIL BILL NO. 40 . INTRODUCED BY COUNCIL MEMBER WAGGONER .. .. ., A BILL FOR 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. COUNCIL MEMBER WAGGONER MOVf.D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 40, ON FIRST READING. Ayes : Council Members Nabholz. Gam:tt Bradshaw. Habenicht . Waggoner. Grazulis, Bums Nays : None Motion carried. (iii) AssiSlallt City Manager Flaherty presented a recommendation from the City Manager's Office to adopt a biU for an ordinance approving the first amendment to the Regional Transponation District Intergovernmental Agreement . He noted that a year from tomorrow . Englewood Station will be opening for service and tonight we arc considering an amendment to the Intergovernmental Agreement. All we have to do, he said, is approve this agreement and prepare the improve menls by May 1• of the year 2000. The amendmenl to the IGA includes an increase of the parting spaces by 240. from 670 to 910. It includes the new enhanced pedestrian bridge and an option by RTD for 500 addil ional spaces. based on their request for those spaces by December 31 • of 200 3. The cost of those spaces would be borne by RTD and the location would be the Selbe property and it would be a structured parking silWllion . The City would only participale in the funding of those parting spaces in the event that a new parking •udy for the CityCenter project indicalcd that the City needed additional shared parking . Mr. Flaherty advised that our current parting plan shows that the onsite parking will accommodal e the needs of CityCenter. Last but not least, he said, there is a $3 million difference between the original funding and the IGA of I 997. The currcnl amendment raises ii from $2. 7 million to $5 . 7 million . The City Clerk read the Council Bill by tille : COUNCIL BILL NO . 46. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING THE • AMENDMENT" TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION AND FUNDING OF THE TRANSIT FACILITIES AND PARKING SPACES ATCITYCEl'oITER ENGLEWOOD . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. '6, ON FIRST READING. Ayes : Council Members Nabhol z. Gam:tt Bradshaw. Habenichl. Waggoner. Grazulis. Burns Nays : None Motion carried . (iv) Engineering Manager Kabm presented a rccommendalion from the Dcpartmenl of Public Works to adopl a bill for an ordinance lransferring certain Mclellan Reservoir property to the Englewood Mclellan Reservoir Foundation. He noted he is the Engineering Manager and he is also on the Board of Directors for the Englewood Mclellan Reservoir Foundation. On May 3. 1999 Council authorized the crcalion of the Englewood Mclellan Reservoir Foundation. he said. That corporation is now in place and staff now recommends thal Council approve a bill for an ordinance transferring a portion of the City controlled Mclellan Reservoir property lo the Foundation . Mr. Kabm asked that ii be noted thal the only property they arc referring to is the property south of County Linc Road . Our staff has reviewed the legal descriptions of the attached parcels. They checked parcels one through five againsl the Douglas County records . as well as the Colorado Dcpartmenl of Transportation records and they believe • ~ ., ' ' • ~ ... I • 0 • • • ./ Ea&Jewood City Council July 6, 1999 Page9 , .. • -·· • • - .. , . .. ... they are accurate . He stated thal this transfer will consolidate the property under the protect ive umbrella of the independent Foundation and continue the progress toward optimizing potential development of the site. Mayor Bums asked if this includes the area around the Highlands Ranch interchange and also the fon y acres in the middle of the business park . Mr. Kalun stated it does and noted that in their packet there are five parcels and a dlllwing with each one . Council Member Waggoner said everything south of Coun ty Line Road . Mr . Kahm said that is correct and that is approximately I 6S acres . The City Clerk read the Council Bill by title : COUNCIL BILL NO. 4S . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUlliORIZING THE TRANSFER OF PROPERTY FROM THE CITY OF ENGLEWOOD , COLORADO TO THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO. 45, ON FIRST READING. Ayes : Council Members Nabhol z. Gam:tl Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nay s : None Motion carried . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (Sec Agenda Item IO • Consent Agenda.) (c) Resolutions and Motions (i) Director Gryglewicz prescllled a recommendation from the Dcpanmcnt of Financial Services to adopl a resolution approving the transfer of funds from the General and Publi c Improvement Funds to the Capital Projects Fund. He advised that this is a transfer of funds from the General Fund in the amount of$7.614,000. and from the Public Improvement Fund in the amount of $1 ,896,000, to the Capital Projects Fund. Mr . Gryglewicz explained that $1 .000.000 will be used for the Kiewit Propeny acquisition, $2 .000.000 for the Civic Center Project , $1 .000.000 for the Y2K Project. $700,000 for the Girard right-<>f-wa y acquisition and $4 .810.000 for the CityCenter Englewood Project The resolution was assigned a number and read by title : RESOLlJTION NO . 74 , SERIES OF 1999 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL AND PUBLIC IMPROVEMENT FUNDS TO THE CAPITAL PROJECTS FUND . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 74, SERIES OF 1999. Mayor Bums said he had a question . He noticed one of the items in the PIF Fund is the Santa Fe I aadscaping Project . He said he was not sure what pan of Santa Fe that is. but he would be interested in reimbursing this fund out ol developer's funds as soon as possible so we could continue with that. Mayor Bums asked if that was what he kept bringing up about tlie interchange. if that was the signal for the interchange . Engineering Manager Kalun said yes. • ' ' ' ' . ' ' .. I • 0 .Ja='I • • • Eackwood City Council July 6, 1999 Pase 10 • • .. .. City Manager Sears advised that we have wanted to take a look at keeping the project moving and take a look at every source we could come up with . He explained that wc feel the immediate timing of doing that was not aitical as opposed to where we need to go . But , he said. we are commilted to doing those Santa Fe improvements because they will fit right in to what the plan is.just as soon as wc can move ahead. Mr. Scars advilCld that with the development agreement. wc can now transfer those funds back into the City . so we can do this Capital Improvement Program. Council Member Waggoner asked for an explanation of the Y2K SI million. He noted that seems like a lot of~. City Ma-,er Sears noted that the head of our Y2K effort is right here and we have reall y not had an opportunity to really go tluough the workshop since our n:treal . in terms of ,.·here we are at He asked Diredor Oryglcwicz to ~ this . Dircetor Gryglcwicz stated that that is cunently just an cstimalc and he ,.;11 gi, c Council a better breakdown when more of the funds are known . Cunently. wc have one consultant on board helping us do our tesling and getting the effort moving forward . The other big pon1on of that mollC). he said. is probabl y going to be a new traffic signal system, that will be installed bcfon: the end of the year. He said they think thal will be up to $350,000. Mr. Gryglewicz advised that we Will be back to Council ,.;th that proposal . Council Member Waggoner asked if that thing is date related. Mr . Gryglc,oicz said yes and not oril y that but it has a number of other issues with the firm . They have had fmancial problems and the focus of their business has shifted from traffic signalization to doing billboards and screens for stadiums. So they arc getting away from that and ii is getting increasingly ditTIClllt to get mppon from them. he said . Director Gryglcwicz noted that this is the righl time to do it and it is Y2K. we have already tested it and we know there will be problems when the dates tum. So. he said. thal is a big portion of that. from S3S0 .000 to $400.000 . He stated he would give Council a better breakdown of that Council Member Habcnichl asked if he will have to come back to Council for the mollC)' to be authorized or if they are prcauthorizing it Dircc1or Gryglcwicz said it would be prcauthorized . He said he just wanted to make sure there would be enough money there to do the projects that need to be done . because we know about the tratfte signalization and there are 45 to SO PC's in the City thal will be replaced . And now we are tesling the software. so there may be some cost there . He explained that if it comes in Wider what is budgeted here. thal money will just go back to the fund balance for other years. So. COWJCil Member Habcnichl said, we arc, in esscocc. appropriating this program even though we do not know what it is. Director Gryglcwicz said not fully . But. Mayor Bums said. you will come back to Council with a more definitive explanation laler. Mr. Gryglewicz said yes . absolutely . On the 19th of this month. he said. he will be corning back and giving COWJCil an update at Study Session . So , Mayor Bums said, the funds are not all commilled irrevocably . we are just transferring funds o\'cr at this point . Director Gryglcwicz stated they are not committed and especially on the traffic signal . we will be corning back to Council lo discuss that particular issue . because of the magnitude of the cost and the implementation of that . Voterewlu: Ayes : Council Members Nabholz. Garrell Bradshaw, Habenicht . Waggoner. Grazulis. Bums Nays : None Motion carried . (ii) Director Gryglcwicz presented a recommendation from !ht, •...._-partmenl of Financial Scrvic:cs to adopt a resolution approving the transfer of funds from the W11Cr Fund to the Englcwood/McLellan Reservoir Foundation. He staled that he is not only the Director of Financial Services. but he is also a Board member. He explained tlial this is a transfer from retained earnings in the Water Fund oUI00,00010 the newly formed Englewood/McLcllan Reservoir Foundation. Currently, he advised. there is not a budget and he will co1ne back to Council when expenditures are known. but what wc ~ . ... ·', • I - I • 0 -- • • • Englewood City Council July 6, 1999 Page II ... .. ,. ,,.-. • • -.. anticipate now are insurance costs. attorneys fees for forming the foundation and consullanl fees . So thal is all we are looking at right now. he said. and we will give Council an update on that. So. Mayor Bums said. this is just an initial fund which will be defined later. Director Gryglcwicz said yes. The resolution was assigned a nwnber and read by tille : RESOLUTION NO. 75, SERIES OF 1999 A RESOLUTION TRANSFERRING FUNDS FROM THE WATER FUND TO THE ENGLEWOOD/McLELLAN RESERVOIR FOUNDATION. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. 7!t, SERIES or 1999. Motion carried. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht Waggoner. Gr:v.ulis. Bums Nays : None (iii) Direclor Simpson prcscnled a recommendation from tl1c Englewood/Mclellan Reservoir Foundalion 10 adopl a resolution supporting tl1c imposilion of the Rcslrictivc Use Agrcemcnl on the Englewood/Mclellan Reservoir Found.·uion property . Mr. Simpson ad,~sed that he is the Director of Neighborhood and Business Dcvelopmenl and also a Board Member and Secretary for the Englewood/Mclellan Reservoir Foundabon. He advised that this is focused on approximalcly 100 acres of a 500 acre development parcel and it has been reviewed by the Foundalion's consul1an1s. as well as Shea Homes. Mr. Simpson explained thal what this use agn:cmelll docs. first and foremost . is prolecl our waler quality in the Mclellan Reservoir. bul it prO\idcs for higher long lcrm valua1ion and income streams for the property's development O\'er the next period of years. He said that Slaff is urgmg Council's support for this resolution . Mayor Bums asked if this is a protective process. primarily. Director Simpson said )CS. He advised 1ha1 what is currcmly in place is lighl indusuial L'U1d use on the property and whal 1Jus land use rcstric1ion is doing is raising the saandards for the property to a higher level. Whal we arc seeking is 10 kind of begin to create an office park en,ironment . similar 10 Meridian Office Park. he said. TI1,1t 1s the kind of quality development you arc going to be seeing occur at this location. Council Member Habenicht said the limilalion of the property that we arc lalking about here ... this is not the area that is adjacent to the reservoir thal we arc looking al '/ Direclor Simpson said no. He advised tl1is goes over the entire property. it includes Shea properties and our property, bul 1hcse rcslrictivc covcnanls will remain in place. He staled that we will make sure the water quality and the ecosyslcms thal arc surrounding thal reservoir are maintained, because we own lhat . Council Member Habenicht said she just wanted to double check ... when we were at our budget meeling and we went over the resolution and talked about also having a priority being 1he qualily of life and recreational. .. tl1,1t tl1,11 docs apply lo tl1is property? Because. she noted. it is not stated here. Mr. Simpson explained 1)1,11 ii is nol a recreational reservoir. ii is primarily there for Englewood's water. Ms. Habenichl said she understands lhat. but we also talked aboul the ... (she asked for help with the issues). City Manager Sears advised there were five issues that were listed out in tcnns of where our priorities wcrc ... protection of the reservoir was nwnber one and the ecosystem. maintaining the ecosystem. the revenue retum ... therc were like five issues there . Mr. Simpson c"plaincd lhosc goals arc listed on the resolution. tllal they arc noted as protecting the quality of Englewood's stored water. protecting the ecosystem that has developed since access has been restricted. maintaining tlie quality of the Highline Canal recreational facilities and tl1e wetlands that exist between County Line Road and C-470. developing the land south ofC-470 in a manner thal minimizes impacts on Mclellan Reservoir. develop the land south of C-4 70 in a manner that enhances the quality of the neighborhood of which it is a part. And finally. he said. in order of priority. establish and • I • 0 • • • Englewood City Council July 6, 1999 Page 12 l'·,_ •. ·~ .. .. ..--· • ,. • -' maximize a future l(l'l;_'-tenn income stream for the benefit of the City of Englewood after meeting the above listed goals. Council Member Habenicht said she thought they also had another goal in then: that was not so much enhancing the quality of the neighborhood. of which it is a pan. bul also enhancing the quality oflife of Englewood citizens and she docs not sec that here. City Attorney Brotzman advised that undc:rl)•ing all of this. what they did first was approve the resolut ion transferring the property to the Foundation and if you go into the Whereas'. on page one. the last Whereas addresses that issue. It is one of the goals of the Foundation. He staled the Whereas' on the transfer of property are actually the goals of the Foundation. Council Member Habenicht said okay. 1bc resolution was assigned a nwnber and read by lit le : RESOLlJTION NO. 76. SERIES OF 1999 A RESOLUTION SUPPORTING THE ENGLEWOOD/MCLELLAN RESERVOIR FOUNDATION'S DEVELOPMENT OF THE FOUNDATION'S PROPERTY CONSISTENT WITH THE APPROVED DEVELOPMENT PLAN AND THE ADJACENT PROPERTY THE RESTRICTIVE USE AGREEMENT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 76, SERIES OF 1999. Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht . Waggoner. Grazulis. Bums Nays: None Motion carried. 12 . Gellfflll Di1a1uion (a) Mayor's Choice (i) Mayor Burns said we had a greal 4th of Jul y celebration and he wanted 10 thank Chris Olson and all the police and fire for all their panicipation and coordinalion of this event He noted ii was bigger and better than C\0er and it was a greal time. even though Nancy Peterson did pul a pie in his face . They did a great job. he noted. and they are really lo be commended. He said a lot of people had a 101 of compliments for them. (ii) Mayor Bums reminded everyone that the RTD Light Rail tour is this Friday morning and he hoped everybody could make that. He advised that it is at 9 :30 a .m . al the City Hall in Littleton and 9 :00 a .m . down at Blake Street . (iii) Mayor Burns said his last Housing Authority meeting was Wednesday and he noted, for their information, they had audited financial stalements. which had no findings and no recommendations against them, they were the cleanest books you could possibly imagine. so it was a very good report and we have a new intcrgovenunental agreement between the City and the Housing Authority, so ii is really in very good condition. Mayor Bums said he would like to. as a point of personal privilege, as the retiring member of the Englewood Housing Authority Board. make the following motion. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPOINT COUNCIL MEMBER BEVERLY BRADSHAW AS mE FIRST EX OFFICIO CITY COUNCIL REPRESENTATIVE TO THE ENGLEWOOD HOUSING AUTHORITY. Ayes: Council Members Nabholz. Garrett. Bradshaw . Habenicht. Waggoner. Grazulis. Burns Nays: None ., .. - I • 0 • • • ./ En&kwood City CCM1ncil July 6, 1999 Pace ll Motion carried. , ... ,, .. . t .. • .. • •• ... (iv) Mayor Burns advised that we received a call from Teri Lyn Dion. the Chairman oflhe Board of the Englewood Chamber. and the JO"' Annual George Allen GolfToumament is going to be played by the Chamber on Monday. July 19"'. at Red Rocks Country Club and they have asked us to fund a couple of panici1X111ts. as 'WC normally do. He said the cost is S 125 per golfer and you get lunch and an awards CCRmony and so fonh. A major sponsor is $600. which gives you a sponsormip banner. a menrion in the newsletter and that sort of thing, whatever the Chamber wants to do. He said he played in this last year and he wu DOI sure. but he asked if 'WC had a foursome last year. Council Member Bradshaw said she thoughl we had • foursome. Mayor Bums agreed and DOied they are asking us to do something similar again this year. So. he said. you have the choice of being a foursome for $500 or a major sponsor for $600 and you get four IIUIChes for that too. Council Member Habenicht said she thought they should do a foursome. rather 1han a sponsor. Mayor Bums said that was fine. that he did not know that we need to sponsor and have a sign out there . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO FUND A FOURSOME TO PARTICIPATE IN THE JOn1 ANNUAL GEORGE ALLEN GOLF TOURNAMENT. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht Waggoner. Grazulis. Bums Nays: None Motion carried. (b) Council Member's Choice (i) Council Member Nabholz: I. She said she wldemands that a July 14"' meeting in regards to General Iron Works has been cancelled. 2 . She noled Beverly Bradshaw got the infonnation for the total cost of what the Cultural Arts Facility is going to be and what the paybacks will be for our citi7..cns . 3. She passed out a copy of a lener she received from Geoffrey Dix. He is interested in home businesses in R-1-A. Ms. Nabholz said she told him about the round we had about a year ago in regards lo this, but he wanted lo make sure this was a matter of public record and everyone was infonned. 4. She said, as a reminder. this Thursday, the 8"' of July. from 5:00 to 7:00 p.m. at Cushing Park. is the Englewood Historical Society's potluck picnic. So bring potluck, she said, and noted that Gary Sears will be our featured speaker updating us on CityCenter . (ii) Council Member Grazulis: 1. She said she wanted to thank them. she went to CML and liked it a lot. She noted she has some reports to hand out later. 2. She commented that she did ancnd the best 4"' of July fireworks around and that happened 10 be our very own City's. II was absolutely spectacular. she said . Ms. Grazulis said this brings her to another issue. just regarding fireworks within our community. She said she knows it is a touchy thing and the police kind of put it lower on their priority scale, but she thought we should have some enforcement since ii is illegal . Especially, she said. the class ones that were going on around her neighborhood. II is very cruel 10 animals. she said. and they had 10 take their animals with them because they were quite disturbed the entire time. She noted she does not mind a reasonable lime, a couple • ., '• • l - I • 0 • • • En&lewood City Council July 6, 1999 Pa~l4 : . '/ .. .. ... • ~ _. • , . • -' .... ~ days before the 4"' and a couple of days afterwards. but the whole monlh of June and ii goes until 1 :00 in the morning or 2:00 in the morning. When you make a call you feel like you arc a second class citiz.en. she said. She staled thal maybe somebody mighl stroll out after a while . but she would say that two of the trash rec:cptaelcs aa Chcrrelyn Elementary School were put on fire with some of the bombs and they were destroyed, so that is destruction of City property . Ms . Grazulis advised that she had eight phones calls regarding the same and ten knocks at the door stating thal people would like to see. perhaps. family time after a reasonable time at nighL after 9:00 or 10:00 Wllil like S:00 in the morning ... no fireworks ... not on the 4• ... but after the 4•. She DOied it SC1Cms to be getting worse and worse and when she asks some of the people wbcrc they obtain their fireworks they say their parc:ms obtain them from Wyoming. She said she was just wondering if perhaps the parents were fined also. ii mighl pul a stop lo some of the illegal use and besides that there is the potential for fire and injury . Council Member Bradshaw noted it was real dry 100. Council Member Waggoner noted our ordinance now prohibits lhe use completely . He asked if that is not true. Council Member Grazulis said it should. Cily Manager Sears said ii does and ii was terrible all over Denver . Council Member Waggoner thought ii was a matter of enforccmenl. Council Member Grazulis said she realizes lhal our priori1ies. especially around lhal lime. arc for more crime and injury types of siluations. bur she thought this could lead up lo 1ha1. City Manager Scars noted there were cars damaged al Cushing Park and a number of lhings. He said they will make this a shon term and get a fuU response back, as lo whal we did. whal types of activities and what lypCS of alternatives we may have out there. Mr. Sears commen1ed that ii was not good . Council Member Grazulis staled thal it is spreading, rather than staying the same every year. ii is just spreading every year because then: are no visible enforcements lhal she has seen. (iii) Council Member Waggoner said Council Member Bradshaw mentioned a letter. last time. Iha! she had rcocived from Steve Neyer. Ms . Bradshaw said yes . Mr. Waggoner noted lha1 they rcocived a rcpon since then and as he reads the regulations ii already gives him lhe 72 hours for loading and unloading . Ms . Bradshaw said she though& the problem was he was parked on the sidewalk and there were some other violations going on there. bur he does have lime. Council Member Waggoner said . !hen there were oilier violations other than just the camper parking there and loading and unloading . Ms . Bradshaw said that is what the rcpon they got back said . Council Member Waggoner suggested somebody clarify !hat with Mr. Neyer . City Manager Scars said okay . He asked if anybody has contacted him since Iha! time . Council Members Waggoner and Bradshaw said they have not . Mr. Sears said they would do a follow-up . (iv) Council Member Habenicht 1. She said she had a letter. loo. and she just appreciated lhem bringing ii up . 2. She said she just wanted lo also thank them for the attendance al CML . II was a very good conference, she said, and her rcpon is in the works . Ms . Habenicht said she wanted 10 share that she won a drawing from one of the sponsors and she won a golf bag. a putter. six golf balls, a golf shin , a golf towel and golf tees . Council Member Ganett advised that the Englewood Golf Course has a Youth Program and he was sure they could use them. Council Member Habenichl said that is great and she would do that. ' . ,. ., ,. • • I ' ~ I - I • 0 • • • Englewood City Cooncil July 6, 1999 Pace 15 r • .,. .. • -· • • -' .... Mayor Burns advised that his CML rcpon is actually finished. but he needs to anach a few things to it. He said it was a good conference. even though he did not get to as much of it as he originally planned to . . . . . . Mayor Burns noted he saw Kells Waggoner at the small kid's parade between Danmouth and Floyd on the 4•. It is always a lot of fun, he said. to paadc our fire truck out there and go around the block with all the little kids and their Slrollcrs and their parents and their dogs and everything else . 13 . City Muamer'• Report (a) City Manager Sears asked Ken Ross to come up for a second . He no1ed one of the issues we had was doing some work at Tejon on the railroad tracks . While this is a budgeted item. it is a priorit y we have and he just wanted Council to know they were going to go alicad and proceed 'l'ith that. if that is what Council thought they should do . He asked if Mr. Ross would like to say an~1hing about this. Director Ross said it sounds like it has been an issue with City Council before so ma ybe there 1sn'1 an~1hing to say . It was called to his anention. he said, and as soon as he heard aboul it it caused him a 101 of concern as well to have the potential at an intersection where we can have a green light and then a train going tluough it. He said he understands there have been at least three accidents at that intersection. So . he said. he thought they would be well served if they got the go al1ead to go and proceed and do this work Council Member Waggoner asked how many trains use that aossing and how far do they go south . Dircctor Ross said he docs not believe they go very far south . he thought it was just to the south of Danmouth there and whal he has heard is it is only like once a week for a train. But sometimes. he pointed out. when you have them that infrequently that causes you more problems. because dri\'ers' CJ\-pcclations arc there arc not going to be an)1nore trains. Council Member Waggoner suggested maybe a stop sign on the railroad tracks southbound . Director Ross advised they approached the railroad with thal and they indicated they did not want that responsibility . Whal we actually approached them with. he said. was the idea of putting a manpowercd switch on there so they could actuate the traffic signal to make it red when they want to cross and they would not do it. He noted it would be a lot cheaper than what we arc talking about tonight. City Manager Sears said we know it has been a priority . but we are going to go ahead and appropriate those funds . Council Member Bradshaw said she appreciated him looking into that . (b) City Manager Scars said. as Ann Nabholz mentioned earlier. the Historical Society meeting is TI1ursday . He advised he met with Jerry Slack and George Allen on Friday and he thought there were a number of issues thal they would like to talk to the City Council about . perhaps in AuguSI. after tl1ey find out about their fWlding on the grant. Mr. Sears said he and Jerrell Black both indicated they really should try to put together a plan or idea of where to go so we can kind of meet in a collaborative way in August . He said he just wanted to let them know that was probably coming up . (c) City Manager Scars noted the Council had asked about gelling together with the boards and commissions .. .just a get-together ... and we were not sure what thal meant. He said we have talked about a nwnbcr of ways to do it ... an ice cream social or some type of buffet . August 23n1 is the fourth Monday that we currently do not have anything marked for and. he said. we just wanted to see if that would be an appropriate time and then any ideas they have about what would be the most beneficial way of doing that would be most appreciated . He said they would appreciate any ideas the Council has . So if anything comes to mind that is fine . He noted it is not something we need to do right now . • . I • 0 - • • Englewood City Council July 6, 1999 Pa~16 .. •,. ,'·ii' .. • ,,-- • .. • -.. .... ' Council Member Bradshaw asked if it was all of them together. She said she though! it was individual . Mayor Bums said he thought it was all of them together. He noted thal some cities do ii differentl y He tbouglll the City of Lakewood has a monthly brcakfasl with the head of each board and commission just to report on what they arc doing lately. He said there an: various ways you can do this and we used to meet al least once a year with each board or commission. Council Member Habenicht said she though! ii mighl be nice 10 do something where you have a nice group of round tables. like at the Malley Center, or something like thal. and have each commission sit al a table . lbere could be some son of a potluck or buffet and then have each commission have aboul fi ve minutes to introduce themselves and then maybe about five minutes to talk about what they do and then the others could bear about that . She said she though! thal could be very positive and good . They could gel lo know each odaer and-what is happening. Ms . Habenicht said she knows a lot of times. having served as a liaison, oo different commissioos and different boards. sometjmes they do not know whal each other is doing and it could be very positive . Council Member Bradshaw said she thought ii was time for Council to meet with them. Mayor Bums noted it really is. plus they could meet each Olher. but he though! ii was good idea for each one 10 gi ve a little repon on whal they an: doing latel y if they wanl 10 . Council Member Bradshaw said she thought current issues would make mon: sense . whal Ibey are working on . Mayor Burns agreed. Council Member Nabholz asked if before they would come 10 a Study Session about every other month . Mayor Burns said yes thal is what wc used 10 do. bu1 we got so jammed in our schedule on Study Sessions we jUSI fOWld that wc could not do thal anymore . He noted we got used to them and he kind of mi sses it. because now we do ;IOI see them at all. Council Member Bradshaw said she likes a smaller group . thal she thinks you can gain mon: ex change w~th a smaller group. Council Member Grazulis commented that ii would be nice 10 meet everybod y in a mass group . bul she said (hjnks you get more out of a smaller group. Council Member Habenicht said she thinks it is imponanl to both. thal ii is important to ha ve the opponunity to gel to know board and commission members and whal the boards an: doing. She said she also thinks it would be a wonderful opponwlity for them to gel 10 know each other a lilllc bil or ha,•e an idea of what is going on. Mayor Bums asked City Manager Sears if he had an idea of how many people we arc talking aboul . Mr . Sears said he was not sure, but ii is quite a few . Mayor Bums said he was not sure they have the time to meet like they use to . each board indi~iduall y. Council Member Bradshaw wondered if their load would son of slack off now. once the deals an: signed. City Manager Sears commented that it hasn't so far . Mayor Burns said he wouldn't count on it. Ms . Bradshaw said maybe sometime in their lifetime. Mayor Burns suggested that perhaps diey could divide it up into once a quarter they meet with a board or commission . Council Member Bradshaw said she would rather see something like thal, like the ones thal have similar interests. City Manager Sears said he though! thal was what they indicaaed ... like Cultural Arts. Parks and Recreation and something similar. And then the other type, he said, like the Board of Adjustment and Appeals and Planning Commission ... diey have similar interest. Or, Council Member Bradshaw said, quasi-judicial ... Liquor Licensing Authority ... that kind of thing . • ' . ' • I • 0 Ea&tewood City C1N111cil July 6, 1999 Pa~ 17 '·t,.''.' .. .. "". '4. ,· .. ~ _. • .. • -' ... ~ City Manager Sears said they can come back to Council with some ideas as it is a couple months out He advised they will come back with a couple of ideas. Council Member Bradshaw said. not lo belittle the awards thing that the schools do. but when they apprecialc all of their volunteers it is such a mass of people. She noted the inlenl is good. its just that nobody ever getS to say anything or participate. 14. City Attoney'1 Report (a) City Attorney Brotzman requested a motioo to appoint Pat Tisdale to rcprcscnl the City defending an appeal from the Englewood Firefighters' Pension Board regarding Jon Scay's pension. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPOINT PAT TISDALE TO REPRESENT THE CITY DEFENDING AN APPEAL FROM TIIE ENGLEWOOD FIREFIGHTERS' PENSION BOARD REGARDING JON SEA Y'S PENSION. Ayes: Council Members Nabholz. Gam:rt Bradshaw. Habenicht. Waggoner, Grazulis. Burns Nays: None Motion carried. (b) City Attorney Brotzman said he had two other issues and both arc major issues for the Bi- City Plant One is the settlement regarding the filler collapse that CIRSA paid off. he said . And the bigger one, he Slated. and the major ordeal, finally through the Colorado Supreme Coun, is the victory on the Bi- City Plant that the insurance company should have been defending us and should be paying. Council agreed that was exccllenl and thanked City Attorney Brol7.man. Council Member Waggoner asked when we will reali7.c the funds from those . City Attorney Brot7.man advised we actually have the funds already on the filter case, from CIRSA. He explained that the issue on the Supreme Coun Case is whal arc the rcasonablc costs and fees and they will be setting down al a scttlcmcnl confcn:ncc to discuss that with all the insurance companies. 15. AlljN,-.t . " ... • • I • 0 2 • • , 1. 2 . 3. .. ,. • • •• AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY , JULY 6, 1999 Call to order . '7:'5~ ~ Invocation ./)~ Pledge of Allegiance . ~ 7 :30 P .M . 4. Roll Call. rJ~ 5 . Minutes . ... ... ~ t, -/ a . Minutes from the Regular City Counc il meeting of June 21, 1999 . ~ (/fM11J: AJA-8Hcu.) 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) WASIJO, _a. ~I.Jr Joe DeBenedittis will ity Counc il regarding Municipal Court procedures e information aga inst individuals without a proper hearing . 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) a . /(OAJ ~Ol/J Ju: 6u.A) ~~f"~L 8 . Communications, Proclamations , and Appointments. ~/JtJJ5 Pl{.UE../J ~ '7-ti . Letter from Theodore W . Sell indicating his resignatio f o /l ,_ • fdvisory _S;:omm~ee and Keep Ej1glewood Beautiful. Nll!Nl!~~u (). ~-'7-o l!Al.'41lw ~ ~ "'111tMJl.f'r·""'411£~ Kf/lfJ~ b . Resolution appointing Eric Bertoluzzftb th~-E-nglewood C /?»ti-~ c . {1,.!J.-o7 d. Resolution appointing Eric Bertoluzzi to the Englewood Urban Renewal Authority . Resolution appointing Jill Carlston to the Englewood Board of Adjustment and Appeals . ' .. Pleau note: If you have a dlsablllty and need auxUlary aids or services. please notify the Clly of Englewood (303-762·2405) at least 48 hours In advance of when services are needed. Thank you . • • ---· '• • I I • 0 • • / .... .. • • • .. ... ' Englewood City Council Agenda July&, 1999 Page2 ~Sf e . ~'ii/ f. ~-1-1,o g. /?.u;g~I h. &!t~J. i. ~J-//3 j. /?u1JJ-1,1 k. &#t,5 I. /!14J~ m. /?J,M#1 n. ~(j/J-bf 0 . fJ41F!~9 p. ~-#-'10 q. f/,lU_ED r. /?tu #-7/ s . /(1,JB/f '1 ;._ t. ~13 u . Resolution appointing Jill Carlston to the Englewood Code Enforcement Advisory Committee. Resolution appointing Jill Carlston to the Englewood Urban Renewal Authority . Resolution appointing Bill Curnow to the Englewood Downtown Development Authority . Resolution appointing Abdi Dulane to the Englewood Clean , Green and Proud Commission . Resolution appointing Gerald Gartner to the Englewood Downtown Development Authority . Resolution appointing Austin Gomes to the Englewood Code Enforcement Adv isory Committee . Resolution appointing Brian Hambleton to the Englewood Code Enforcement Advisory Committee. Resolution reappointing Michael Heberling as a youth lia ison to the Englewood Cultural Arts Commission . Resolution reappointing Michael Heberling as a youth liaison to the Englewood Public Library Board . Resolution reappointing Selwyn G . Hewitt to the Malley Center Trust Fund . Resolution reappointing Rosemary LaPorta to the Englewood Cultural Arts Commission . Resolution reappointing Dorothy Martinez to the Englewood Liquor Licensing Authority . Resolution appointing Christopher Rans ick to the Englewood Planning and Zoning Commission. Resolut ion appointing Edwin Sanborn to the Englewood Housing Authority . Resolution reappointing Raymond D . Tomasso to the Englewood Cultural Arts Commission. Resolution reappointing Clifford M. Weinberger to the Englewood Downtown Development Authority . Resolution reappointing Olga Wolosyn to the Englewood Cultural Arts Commission . 9 . Public Hearing . (None scheduled) .e- PINN nola: If you have a dlaablllty and need auxlllary aids or urvlc:ea, pleue notify the City of Englewood (303-762-2405) at leut 48 hours In advance ot when NrVlcn are needed. Thank you . • ) I . 0 . ]- •• • . -... ---. ~--------------------------------------------------------.. • . / .. .,.,. __ ... • . , Englewood City Council Agenda Juty&, 1999 Page4 a,frl'l-0 a,,J'l- o/f-''1-0 b . C. ii. iii. iv . COUNCIL BILL NO. 40 -Recommendation from the Department of Financial Services to approve a bill for an ordinance adopting the City of Englewood NonEmergency Retirement Plan Document (the Plan). STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services.~ COUNCIL BILL NO. 46 -Recommendation from the City Manager's Office to adopt a bill for an ordinance approving the first amendment to the Regional Transportation District Intergovernmental Agreement. STAFF SOURCE: Michael Flaherty, Assistant City Manager.~ COUNCIL BILL NO. 45 -Recommendation from the Department of Public Works to adopt a bill for an ordinance transferring certain Mclellan Reservoir property to the Englewood Mclellan Reservoir Foundation . STAFF SOURCE: Rick Kahm, Engineering Manager.~ Approval of Ordinances on Second Reading. R£ons and Motions . ii. Recommendation from the Department of Financial Services to adopt a resolution approving the transfer of funds from the General and Public Improvement Funds to the Capital Projects Fund,..}iTAl;F ~OURCE: Frank Gryglewlcz, Director of Financial Services. /~ ~'lt;" Recommendation from the Department of Financial Services to adopt a resolution approving the transfer of funds from the Water Fund to the Englewood/Mclellan Reservoir Foundation . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services angJJC>ar~ D!rector, Englewood Mclellan Reservoir Foundation. Ii}~ ap,'7-0 iii. Recommendation from the Englewood/Mclellan Reservoir Foundation to tJ. nt adopt a resolution supporting the imposition of the Restrictive Use ~ · r IP Agreement on the Englewood/Mclellan Reservoir Foundation property . I)&) 'J.-0 STAFF SOURCE: Robe~mp~nJ Boa~_Dlrector, Englewood Mclellan 7,-v-Reservoir Foundation./~~ 12. General Discussion . a. Mayor's Choice. 1 ,J b. Council Members' Choice . ~ r· (UJJu/ '7-0 i. Motion to appoint Beverly Bradshaw asjx officio City Council representative -rrvr to the Englewood Housing Authority. /ilJIIM- APP'O 7-0 t1U&A)1tN, ~-MOVED TO FUND A FOURSOME TO PARTICIPATE IN THE 30"' ANNUAL GEORGE ALLEN GOLF TOURNAMENT PIHN nota: If you have a dlsablllty and need auxiliary aids or urvtc:es, please notify the City of Englewood (303-762-2405) at leut 48 hours In advance of when services are needed. Thank you • • , . ' ', .. , . .. . ' . ) I· 32X - • • .. ~ -• r~.:t ~ .. • • .. ... Englewood City Council Agenda Julyl, 1999 Page3 10. Consent Agenda. ~in~F~R~Mu /OL!~//i-!i/ i. COUNCIL BILL NO . 44 -Rtl"'efmm°';~tion from the Election Commission/City Clerk's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for coordinated election services. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services and Loucrlshla A. Ellis, City Clerk/Election Commission Member. ii. COUNCIL BILL NO. 37 -Recommendation from the Utilities Department to adopt a bill for an ordinance changing Section 12-1 B-1 O of the Englewood Municipal Code pertaining to fire hydrant connection . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCIL BILL NO . 32 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Quit Claim Deed from Arapahoe County for a City Ditch gate adjacent to 3596 S. Bannock Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Approval of Ordinances on Second Reading . fi/;// ~ ~1!:;; i. Council Bill No . 41 , vacating 16 feet of an unused right-of-way for West Jefferson Avenue improvements . ii. Council Bill No . 42 , pertaining to woodstoves . ?-0 Ref~~~~ M~ tfo /() {!_ /1 // Oft'-i. ""~rrim~dation from the Uti~ent to approve , by motion, a ii. Sewer Tap Agreement with Bass Resources for Staybridge Suites . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Department of Public Works to approve , by motion, a contract for Concrete Utility 1999. Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc., in the amount of $398,242.50 . STAFF SOURCE: Ken Ross, Director of Public Works . 11. Regular Agenda . a. Approval of Ordinances on First Reading . i. [ffd?-0 COUNCIL BILL NO . 16 -Recommendation from the Department of Safety Services/Fire Marshal to adopt a bill for an ordinance repealing Title 7-4 of the Englewood Municipal Code pertaining to burglary prevention. STAFF SOURCE: Ben Greene, Fire Marshal. ~ Pleue note: II you have a dlaablllty and need auxlllary aids or Mrvk:ea, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when NrvlcN are needecl. Thank you . • ., ..: ' .. I . 0 - • • .. • .. .. • - ... ~. '. ingt.wood City Council Agenda July&, 1999 PageS 13. City Manager's Report. a. CityCenter Englewood Update . 14. City Attorney's Report. Motion to approve the defense and costs associated with defending an appeal of the Englewood Firefighters' Pension Board in regards to a Volunteer Firefiohters Pension (Jon Seay) by Pat Tisdale of Holme, Robe~ Adjournment. o: tg/. ~ ~ The following minutes were transmitted to City Council between 6/18/99 -7/1/99: • Englewood Non-Emergency Pension Board meeting of August 6, 1998 • Englewood Police Pension Board meeting of January 14, 1999 • Englewood Planning and Zoning Commission meeting of May 18 , 1999 • Englewood Code Enforcement Advisory Committee meeting of May 19. 1999 • Englewood Clean, Green and Proud Commission meeting of May 11 , 1999 • Englewood Board of Adjustment and Appeals meeting of May 13, 1999 ' .. PINN nola: If you have a dlublllty and need auxlllary aids or NrV1cH. pleaae notify the City of Englewood (303-712-2405) at least 48 hours In advance of whal NrVICN .. nNded. Thank you. .._ a ' .. . ' ) I· 0 32X • • I. Call to Onler .. ~ .,,-.. • • -' ENGLEWOOD CllY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO J1111e21,1999 ... The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7:38 p.m 2. lllvocatioll The invocation was given by Mayor Burns. 3. Pledge of Allqiuce The Pledge of Allegiance was led by Mayor Burns. 4 . Roll Call Sa Present Absent: Council Members Grazulis, Garrett, Bradshaw, Habenicht, Waggoner, Burns Council Member Nabholz A quorum was present Mayor Burns noted that Council Member Nabholz was feeling a little bit under the weather after the Study Session so she bas gone home. 5. Also pn:scnt : City Manager Sears City Attorney Brottman City Clerk Ellis Community Relations Officer Peterson Director Black, Parts and Recreation Director Olson, Safety Services Director Giyglewicz, Financial Services Director Simpson, Neighborhood and Business Development Engineering Manager Kabm Chief Building Official Smilh Director Ross, Public Works (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEETING or JUNE 7, 1999. Motion carried. Ayes : Council Members Garrett, Bradshaw, Habenicht, Waggoner, Grazulis, Bwns Nays : None Absent : Council Member Nabholz 6 . Sclledlded Viliton ,. ' ., ..: .. ,. I • 0 ]- • • • Englewood City Council June 21, 1999 Pagel "'•· .. ,,-. • • - (a) Community Relations Officer Nancy Peterson addressed Council regarding the 4"' of July Family Festi val and Fireworks. She advised we have a full schedule of events this year and approximatel y IS O Englewood Neighborhood Watch volunteers will be running the different events throughout the parks. Cornerstone, Belleview and Progress Parks. She noted she had posters to hand out to Council and special VIP parking permits . The parking is going to be in Comcrstonc Park and as you go in off of Windermere, there is the west parking for Windermere 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 would have a wonderful time and she was hopeful they would be able to attend. that would be nice. Officer Peterson advised they still need Englewood's donation to pay for all this and there has been som e kind of a snafu . About $5 ,500 was already authorized and there bas 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 July celebration. Officer Peterson said they would appreciate it. Officer Peterson said she wanted to let Council know about some other Neighborhood Watch events . On July 14 ... they will be having a Volunteer Appreciation Dinner at Jason Park. If Cow1cil can come that da y and socialize with the volunteers that would be wonderful, she said. Also . on Jul y 23'• they are going to have a big block party 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, Color.ido Regional Policing lnstitulc and Safeway. It will involve the 3100 through the 3200 blocks of South Gran t 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 Slated it will be a large rcpresclllation from businesses, residential and apartment dwellers as well as the senior center. All segments of our City will be there, at that particular party. She ad\ised it will be held on Friday, July 23rd 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 '\\ill be live broadcast. Officer Peterson 5lalcd that National Night Out will be held on Tuesday, August 3n1 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 sec a lot of their smiling faces at the 4"' of July event The Cow Paddy Bingo will be back, it was a hit last year. This year, she ad\-i sed. they will have a strolling barbershop quartet. they will stroll through Belleview and Cornerstone Parle. dressed in 19"' Century clothing. They will also have the Live Pyro Musical and, she said, she has Ii stcned to the music and sh e guaranteed they will have goose bwnps, it is going to be grcaL Officer Peterson left some bwnper stickers for the Englewood Speed Pledge Program for anyone who wanted them (b) Lany Warner Slated he is with the Colorado Department of Transportation and it has been three or four years since he last appeared before Council in a Study Session . They had asked for the status of the Santa Fe highway improvements and he provided that. He said it is good to be back before Council. Mr . Warner stated he 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 he worked with Council Member Waggoner when he was a pre- construction engineer in Region 6 . Effective July 1•, he said. he is moving on to a new job assignment within the Dcpanmcnt ofTransportation and thal is to be the Project Director for the Southeast Corridor Project . Mr . Tom Nonon has appoinlcd him to that position and he will be serving in that capacity on a full-time basis so he hopes to spend a liale more time, not only with Englewood, but with the other entities and counties that arc involved in thal project. Mr. Warner Slaled that he wanted to apologize for any miscommunications that 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 try to avoid those miscommunications in the future . So, he stated, he will not take those duties lightly and he told Council be is here to work with • · . I • 0 • • • Engkwood City C1N1ncil Juae 21.1999 Page J " --. • - ·• ' them on a proactive basis on any issues they may have concerning the southeast corridor. lf Council has any questions on the southwest corridor they can go to RTD. Hopefully, the highway impro\'emems. he said. after many, many years of struggling on the Santa Fe Corridor. will be done next year. Hopefully. he said, he looks forward to attending some type of ceremony when they do a ribbon cutting for the Santa Fe/Belleview interchange. Mr. Warner advised that beginning this week, as pan of the public involvement proces s for th r. southeast corridor, we arc in the environmental impact statement process and the preparation of that document We have some members, he advised. of the southeast corridor project team that wi ll be seeking some in put on proposed locations for the LRT maintenance facility . Those project members will be pro\lding a Li ttle presentation and will be there to answer questions on the site selection process and rcqwremems fo r an LRT facility for our southeast corridor project. As you know. he said. the existing LRT fa.c 11J1y thar Rm has. will need to be. not replaced, but added on to, as far as the capacity, due to the addiuonal light rail vehicles and mileage for the southwest and southeast corridors. Those project team members will also be able to provide some infonnation on the decision process, which will obviously in\'Ol\'e the RTD staff. Mr Warner said he just wanted to mention, that as the project director he will be working "'i th RTD quite closely, this is a multi-modal project and will continue to be a multi-modal project until it i s built in hi s opinion, and he will be working with RTD very closely in the development of that The LRT facili ty is . ob\-iously, to serve the LRT portion of the project. He stated he is not here to tell Council he is an e:-.-pcn on light rail operations, that he is just here to tell Council he is here to facilitate the process and do whatever he can to listen to their concerns and try to address their concerns as best he can. What we have proposed. he said. on the LRT is to maybe put together a working committee of Council and staff peo ple from Englewood and the City and County of Denver to try to work a little more closely "'ith some of the affected communities on trying to nail down a proposed location for this LRT facili ty for the southeast corridor. He said he would hope that is something Council would be willing to participate in and at least allow staff to participate in. So that is something Council might want to consider and that is something that we arc here to offer, he said. He offered to answer any questions Council might have. He said he wanted to introduce Alunad Faz.el from the Regional Transportation District who also has some commenlS. Mr . Warner advised that he has some other members from the project team available if Council has some more specific questions on the project overall or the LRT facility selection. Alunad Faz.el. the Director of Planning and Development for RTD. said he was also presem to apologize to the Council and the Mayor for the misunderstanding we had a few weeks ago about the selection of the sit e . He said he wanted to assure Council tbal RTD will also do their best. as they go through the process that has been established and hear from the communities involved before that site is finalized. There is a meeting here in the Conununity Room. Wednesday night. Jwic 23"' and RTD staff will pro,ide answers to any questions they may have. Mr. Faz.cl advised that Cal Marcella, their General Manager. asked him to, on his behalf, advise that he has had several meetings with the developer that is interested in the location for the operation facility that they ha\-'C in mind right now . He has told Dana Crawford that he will do his best, if she comes forward with some development plan at that location, to make sure that RTD's plans for that site does not interfere with her plans for future development at that site. So, he said. Mr. Marcella just wanted him to pass that along to Council tooight that that is going to happen. We arc here to answer any questions, but before that. he said, be WllDlcd to give them a brief update on the southwest corridor. They have scheduled a tour of the southwest corridor early next month and the City Council is in,ited to attend. It is on a Friday, but he was not sure of the exact date. He stated he would let them know. But generally, he advised. they arc malting good progress on the southwest corridor, the project is on time and within budget Mr. Faz.el stated he was pleased to say that the RTD Board of Directors has approved the new name of the station, it is going be called Englewood Station, as they desired. Also. they have approved the additional $3 million for the joint development at that location. The amendment to the IGA has been reviewed b y RTD and they had a few minor comments and they have sent it to the City's staff. He said he was sure that as soon as the Council bears that it will be approved and signed. Mr. Faz.cl thanked Council for their suppon of the southwest corridor and the City staff for all of their cooperation. He opined we have a veiy exciting project and it is going to open on time and it is going to be exciting for RTD and for the • I • • • • Englewood City Council June 21, 1999 Page4 ... ,. ,,,-·· • • - .. .. ' ... City and the region. They are looking forward to having thal kind of cooperation again \\ith the City staff and the City Council for the new and exciting project thal is going to happen and that is the southeast corridor. lbe RTD Board of Directors took action last month to finalize the ballot language for borro\\ing money to build thal project \\ilhout any additional taxes and they are all excited. He thanked Council and offered to answer any questions. Mayor Bums said he thought they have had some good communication, that they have talked to our staff about their design workshop . Our staff attended that, even though they had shon notice. but he thought they bad a lot of consuuctivc communication. Just by the very fact of what they said tonighl that there may be alternatives for development of the General Iron site that would please the City and the citizens ... and we have talked about for some time, that would be compatible \\ith their desire to have their facility . So, Mayor Burns said, it seems we have made considerable progress \\ith our entities since the design workshop and he is pleased to see thal Council Member Habenicht staled that she and Council Member Grazulis had an opponunity to anend those workshops and they appreciate the open communication and she can assure Council that the communication is open. Ms. Habenicht said we appreciate thal and it needs to stay that way. She noted we hear your commitment and appreciate it. Council Member Bradshaw stated she appreciates that they came back this week and helping alle-iate some of their cooc:crns from before. Mr. Fazcl said it was no problem, it was his pleasure. Mayor Bums commented that we have developed a very strong working relationship on the southwest corridor light rail and as he works in his capacity as Chair of the Metro Mayor's Caucus this year. on some of the southeasl corridor developments ... that is a complicau:d, difficult situation and the southwest is son of the lalk of the town. so to speak. We are very excited about that. he said, and our Ci~·Center development. He said he knows that people in other corridors are looking envious! y at us for all of these developments Ila are going so well in the southwest corridor. We are very pleased. Ma~·or Burns said. to continue Ila relationship, we value it very highly and we \\ish to work \\ith them very closel~· on thal Mr. Fazcl Slllled RTD feels the same way and they appreciate all of the City's support. He noted the southwest corridor project would not have happened without your suppon and they are excited about thal City Manager Sears staled that from the Slaff's viewpoint he really does appreciate the work of RTD's staff in helping us come to an agreement or at least to continue the process along. One of the questions we have. he said, is to ask exactly what they anticipate achieving or what they anticipate going through on Wednesday evening. when several of Council and staff will not be able to attend that meeting. He asked if they could answer that relatively, briefly. Mr. Fazcl explained they arc basically going to provide answers to some of the questions you may have. If the City Council cannot attend that meeting, at that lime, they promise that RTD staff, in cooperation \\ith COOT, will by to set up another meeting, at Council's convenience, to by to come over here and answer their questions. But the Wednesday night meeting is one of the public meetings, but if their schedule does not 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 staled it was her understanding 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 v,.as true. Mr. Warner said that is right So. Ms . Habenicht said, then: won't be dra\\ings or anything like thal they \\ill just be going through the process of wbal the next step is. Mr. Warner said basically it will be exactly as she described it. 1bcrc will be some information on the process we arc in, a little background on the project ... where we are at in the project and the public involvement process and where we need to go. But, • • ' . I • 0 •• • Englewood City Council June 21, 1999 Page5 l, ••• ·• • ,.,... . • • - he stated, 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 thal this is in response to Council 's request that they meet \\ith that neighborhood . Mr. Warner said thal was right. Ms. Bradshaw stated she appreciates that Council Member Habenichl DOied 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 lhinks it is important Council Member Grazulis agreed . Mr. Warner noted that there are other proposals out there. oChcr ways , other mechanisms to 11)' to deal with it. but it is just a proposal they came up with and if they have some concurrence they \\ill send Council something in writing to give them a little more information on what they are proposing and they can get the dialectic started. Council Member Habenichl asked if this is something different than what they talked about before . Mr. Warner said he thought so . Ms. Habenicht said she would like to know more about that. but maybe this isn't the time. Mr . Warner said okay and DOCed they \\ill follow up with this in writing. He said he just wanted to mention it as far as this is what they are thinking about. and like he said there are different mechanisms to do it, but this is what they came up with. (c) Mayor Bums Slalcd thal l..cs Jenkins , from the Englewood Historical Society . was present to address Council regarding the Englewood Depot. He noted they have a letter from Jerry Slack. Presidenl of the Historical Society, who is also present Ill.is evening. City Manager Scars noted that Jerrell Black would speak to Council, from the staff viewpoint. as he has been following this. Les Jenkins Slated that on behalf of the Englewood Historical Society he wanted to present the following letter of requcsl to the City Council . He read the following letter: "This letter is to request that we , the Englewood Historical Society. be allowed to use an existing water tap credit for the depot/museum. Rather than connect to the old line localal to the caa. it is our desire to tap into the new line installed by the Parks and Recrealion Department We ~ dilCUlled this with Stu Fonda and Jerrell Black and they are both supponive of our RqUCSL We think you for your support Jerry Slack, President. for the Board of Directors.• Mr. Jenkins said dial DiRctor Black is here to answer any questions Council may have . Director Black advised that with the purchase of thole properties over there, there was an existing water tap and the tap is still on the property and what they are requesting is that they use that tap as a credit and upgrade the tap, or wbalever, and use it to run water to the building. We currently have a separate, large tap thal wc put in for the irrigation there and wc really don't have a need for that. so we cenainJ y suppon 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 Bums asked if there are two taps . Director Black advised that with the purchase of the propeny there was one water tap and that is still there . When we went in. be said, on the other properties and put the irrigation in and the sod, we purchased a separate tap just for that. So they are 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 another tap coming in off of Galapago for that, so that tap they will do away with . • I ·. I • 0 j • Englewood City Council June 21, 1999 Page6 ,, /' . • • - ·• ' Council Member Waggoner noted thal usually they ,.;u go in and disconnect thal tap al the main. He asked if that was still the procedure . Din:ctor Black said yes . thal is his understanding from Utilities this afternoon . Mayor Bums no1.ed Council "'1ll take some action on this later in the meeting. Mr. Jenkins thanked Council and said they appreciate it 7. Noe-te:heduled Villiten (a) Gar)• Kozacdt. 1260 West Oxford Avenue. passed out his letter and some pictures to Council . He Slated it was brougbl to his ancntion when he attempted to go have a haircut some real parking problems and be thought a lot of it has to do 1'ith after having a severe accident he is a lot more cogniz.ant of some problems going on . He said be is here regarding parking enforcement around Swedish Hospital . While be was getting a haircut across from Swedish Hospital he had to go a block and a half away to park. lbcrc were several cars parted there and the person cutting his hair said the one car had been tbcrc for four hours in the 15 minute parking zone . She had called the police depanrnent at that poiDI 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 cloching or whatever . went in and called and the police officer did show up then. When the police officer was tbcrc. be said, be went out to tallc to her regarding the problem . She stated that the parking enforcement position had been eliminated as it was no longer economically feasible . Mr. Kozacck 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 arc the two hour parking on both the east and west sides of Pennsylvania. you have two apartment buildings in the block between old Hampden and U.S. 285 , both 1'ith limited parking spaces . The church parking lot is on the east side and it has unavailable parking. it is all restricted for no public and numerous curt, cuts throughoul the area. speaking of that two block area where we had vacaled ~·lvania to go ahead and allow Swedish to expand . All of these items arc difficult to discuss for the business owners. because they arc restricting their ability to get customers to them . He said this includes the Swedish parking for their little shop they have across the street on Pennsylvania Mr. Kozacck said his question to Council is is Swedish in compliance 11<ith regard to the number of parking 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 emphasized thal we have allowed them to continue to build and to continue to build and their demands on public parking has increased . Are they still meeting ii? He said he knows they are leasing property from the Englewood Masonic Temple. as he is a member. But. he asked, how many of the employees arc parting down tbcrc versus employees parking on the street. Which, be said, he 1'ill gel 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 Zadie and, he understands, there have been some other letters. He said he would not go into detail on those as they arc addressed in his letter to Council. The reason he mentioned those two names is to show thal the parking problem isn't something thal has just started, but that it has been there for a long time . 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 staling fines are double . You can even go one step further, be suggested. and pul them up in the special pcnnit 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 problem 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 structure anyway. So , he stated, his concern is that we arc not enforcing that over tbcrc and we arc allOMng a lot of things to take place and a lot of hazards . He said be doesn't know bow many tickets were issued when Englewood High School had a walk through on their graduation, but tbcrc were numerous tickets cited up al the High School and yet right over here , blocking and obstructing views where tbcrc is a lot of foot traffic and stuff. as they Mil see in some of the photos, with the sun and stuff and some of them parking clear out to the corner, thal does create • • ) I • 0 - • • Englewood City Council June 21, 1999 Page 7 ,. ,,-. • • - .. ' a major hazard . He said he was submitting the photos to Council. They were taken on three different days. only three days. Pictures one. two and three ... picture one shows a lady wearing a hospital smock, pulling up next to fire bydranl very close to a corner, blocking the fire hydrant and to his amazement she takes out a parking tick.ct and sticks it on her window. Picture number two shows her sticking it on her window and then prooccds across the street to go into the emergency room section. This is directly across from the emergency room. He pointed out thal one it is obstructing the view of any cars coming by and two it is blocking a fire hydrant She appears to be an employee, he said. he didn't see a name. For the third picrurc. be explained, be went to the other side so they could carefully read the license number. He noted he is not a professional photographer. but he wanted to at least get a license number 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 thirteen and fourteen will show Council the obstructio1L not ooly in the sun. in the evening, but also the vehicle puked clear out by the wheelchair ramp obstructs your view directly on the south side of the hospital. lbcre is a lot of foot traffic that goes over to the rcstauran1 and back and be really feels we have a problem. a serious problem. He said he wanted to present to Council what he has seen and they now have pictures in hand. He actually had more violations. but on a couple of them the sun glared it out so he didn't bring those. Bul he noted. in three days, at three different times and only taking five to ten minutcs ... on the picture they can see the time stamp. on three different days. that there were fifteen violations. If Council or the police dcpanment does not want to have a meter person, he said he would be more than happy to be hired to go out there for 50% of what the tickets would be clwged and he would make more money than he makes now. from what he has seen in three days. He said he would close with the fact that like candid camera says. you never know when or where, but somewhere I will be out there with a camera and God forbid somebody gets bun or killed because of the negligence of the City, by not enforcing the laws that arc there. We arc a little bit more apt to go out and write somebody up for a branch hanging too low. He said, for example. his father was given a warning because they took a tape measure and measured a blllllCh and said it was one inch lower than City ordioaoce stated it should be. We arc more concerned about something like that versus the safety and well- being of our citizens? Mayor Bums thanked Mr. Koi.acek and noted that they recently had 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 that . Mayor Bums said yes. that it is obviously a problem. a continuing problem. Council Member Grazu1is advised she used to have to try to park over there when she did her stat runs. cspccially at the 699 building on East Hampden. that the valet parking takes all the premium spots and there is very litlle for that particular building if you don't use valet Obviously. she said, if you are doing busiocss you don't use a valet and so there was no place to pa,k. So that was just one incidenl she said, she could tell them about that would happen continually, day after day. Mayor Bums opined that they also need to know if we arc not enforcing it in that area or is there such a thing as a parking enforcement position that goes 10 Swedish . Cily Manager Sears said he did not have the answer. but Director Olson was present Mr. Koz.acck said there was one other thing. In one of the photographs they will see a car in violation of parking way loo close to the curt, and in the background there is a police car and he clearly saw him take a picture. He said be stayed there for a good fifteen minutes and there was nothing done about it. Mr. Koi.acek said be knows that the police 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 enforcemenl person or somebody going around and marting tires it seemed to be a lot better silualion. He said be has talked to many, many people in the process of coming up with this and they say there is nobody around to do il lbc only way they will ticket is if there arc complaints coming in. Well, be noted, businesses get awfully tired of spending half 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 bis hair cut and he didn't have his camera, there was somebody selling goods to Swedish • ) I • 0 • • • Eapewood City Council Juaell, 1999 ••• .. I' .. ,. ,,-- • .. • -' Hospital and the gal that cut his hair came in at 6:00 am. and that vehicle was still there when she cul his hair al noon. 1bat was past the fifteen minUIC parking zone on the comer. He assumed it was an employee or somebody selling goods, because they had medical goods in the back end of their car. 1bat is when the police officer cited that car and two others at that time once they finally showed up. Mayor Bums and Council Member Bradshaw thanked Mr. Koz.acck . City Manager Scars staled that Director Olson could give a brid response . Director Olson Slated that he appreciales Mr. Koucdt's input 1bc reality is. he said. that wc do not have a parking enforcement officer. All al our officcn arc now dedicated to code enforcement and when they can work parking into their jurisdiction they will. Mr. Olson Slated there is no doubt that our primary parking enforcement cooccrns, our primary areas of concern arc Swedish Hospital and the High School areas . So . he said, wc try to address those and yes it is mostly on a complaint basis. Right now the regular. consistent enforcement of parking is not occurring. Prior to Mr. Koz.acek speaking tonight, he said. wc have already put together a proposal to reestablish the parking enforcement officer position. It will not be at the same level of pay as the code enforcement officers, it will be a different lower level paying person. But it \\ill be a person working strictly on parking issues. So, he noted. wc arc proactively working on this and with Mr. Koz.acck's input here tonight and hopefully that propel this along for the budget process . But wc arc aware of it and there arc a lot of issues up there and wc do generally work by complaint at this point. because we just can not get out there on a regular basis and do that . Director Olson swcd he appreciates Mr. Ko:r.acek 's input and advised they will do what they can on a complaint basis and hopcfully next year wc will ha\'C a more consistent method of enforcing parking. Council Member Bradshaw suggested that as the police drive by Swedish they can look at what is going on. Director Olson explained that in most cases they arc going to other calls and Olhcr responses. so if they get a call up there they arc going to a specific cooccm ... usually it is somebody parking in somebody's driveway or something like that He said he hales to throw that out that wc don't have the personnel to do that, but wc just don't have enough people to just go out and consiSIClllly drive up and down for parking type issues at this point Mayor Bums thanked Director Olson for his input 8. c--allicatiou. Prodamatioa1 ud Appoiaa-t1 (a) A letter from Robert E . Powell indicating his resignation from the Englewood Downtown Development Alllhority was considered. COUNCU.. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF ROBERT L POWELL FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . Motion carried. Ayes: Council Members Garrett, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays: None Absent: Council Member Nabholz 9 . hblic Hearia& No public hearing was scheduled before Council . 10. C-a Apda ' ' ~ ' .. ' .. ) I • 0 Englewood City Council June 21, 1999 Page9 ' , .. ~ ,,,-. • • - (a) Approval of Ordinances OD Finl Readin g .. ... ... There were no additional items submitted for approval oo first reading. (Sec: Agenda Ite m 11 -Regular Agenda.) (b) Approval of Ordinances on Second Reading COUNCll.. MEMBER BRADSBA W MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) and (ii) ON SECOND READING. (i) ORDINANCE NO . 32, SERIES OF 1999 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTIIORIZING ACCEPTANCE OF A $7,SOO GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (OOLA) SUCH FUNDS Wil.L BE USED FOR ENTERPRIS E ZONE MARKETING AND ADMINISTRATION . (ii) ORDINANCE NO . 33 , SERIES OF 1999 (COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELEcnON A QUESTION AUTHORIZING ADDmONAL CATEGORIES OF THE PREVIOUSLY ESTABLISHED OCCUPATIONAL TAX ON LIQUOR LICENSED BUSINESSES . Vote rmalta: Ayes : Council Members Garrett. Bradshaw, Habenicht, Waggoner. Grazulis, Bums Nays : None Absent Council Member Nabbolz Motion carried . (c) Resolutions and Motions There were no resolutions or motions submitted for approval . 11 . Rqular Amead• (a) Approval of Ordinances OD Finl Reading (i) Director Gryglewicz prescllled a recommendation from the Depanment of Financial Services to approve a bill for an ordinance adopting the City of Englewood Non-Emergency Retirement Plan Document He explained that this ordinance adopts the Non-Emergency Retirement Plan Document with changes . The most sigoificanl of which is the DROP Plan. Other than tha1, be said, it is pretty much as it was before it has just been updated to comply with State StatulcS and Federal guidelines. Mayor Burns asked if this has been passed through the Non-Emergency Board. Director Gryglewicz said yes. it has taken about a year but they finally got it done. Council Member Waggoner 5lalcd this is one they have been waiting for for a long time. The City Clerk rad the council bill by title : • •, ) I • 0 • -• .. ,,-. • ./' t-•• • •• Englewood City Council June 21, 1999 Page 10 .. COUNCIL BILL NO . 40 , INTRODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TTI1.E 3. CHAPTER 6, OF THE ENGLEWOOD MUNICIPAL CODE l 98S , PERTAINING TO THE 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) (l) -COUNCil. BD..L NO. 48. Motion carried. Ayes : Council Members Garren, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Absent: Council Member Nabholz (ii) Director Simpson presented a recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance vacating 16 feet of an unused rigbt~f-way for West Jelferson Avenue improvements . He Slaled the applicants for this request arc Ms . Molner and Ms. Unger who own property at 3642 South Cherokee. The request is for a vacation of the nonh 16 feet of the West Jelferson Avenue between Cherokee and Bannock. This vacation was beard by the Planning and l.ooing Commission and approved unanimously for recommendation 10 the City Council. he advised. and swr reques15 their approval. Mayor Bums asked if the paving bas been done on West Jefferson. Director Simpson saad ye s. Council Member Wagoner said it mentioned the drainage from the alley running down into there and the construction or a berm, which be assumes is already in and be would also assume that is on the propeny tbal is being vacalCd, that procccts the propcny to the nonh. Din:Clor Simpson said yes . Mr. Waggoner asked if we do not mainlllin ownership what will happen to the berm and the protection for the propeny . He asked if there is some way we retain that proleetion for the propcny . Director Simpson said as be understands it the berm is oo the vacated portion and it would go to that property. Right, Mr. Waggoner said. But what, be asked, is to keep them from removing the berm and eliminating a protection and then the water that comes down the alley that we built the berm for would be gone and the property would then be flooded again. Enginccring Manager Kahm explained that that panicular alley was 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 Cherokee to the top above the City ditch and we arc picking up all that storm water at that poinl and then the alley itself bas a V-scct.ion 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 rigbl Mr. Kahln said they can remove the berm and also as pan of the paving district, we arc also working with the property owner to compensate him. There is a restriction to bis access because of the alley design, so we arc into him for damages to that garage. Mr. Kahm advised ii will all be settled. Council Member Bradshaw asked if this is the property on the nonh that has numerous code violations. Director Simpson said tbM WU correct. Mayor Bums commcnlcd that be knows exactly where it is. The City Clerk read the counc:i1 biU by title : COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW ~----- ' . · . I • 0 • • .. • ,. • •• .. Enclnrood City Council Juell, 1999 Pqell A BILL FOR AN ORDINANCE AUil:IORIZING THE VACATION OF THE NORTH 16 FEET OF RIGHT-OF-WA y LOCATED ON WEST JEFFERSON A VENUE BETWEEN sourn BANNOCK/SOtrrn CHEROKEE ALLEY AND SOUil:I CHEROKEE STREET BY TifE CITY OF ENGLEWOOD , COLORADO . COUNCR. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (it') • COUNCll.. BILL NO. 41. Council Member Bradshaw pointed out that this will also put propcny back on the tax rolls. Motion carried. Ayes: Nays : Absent: Council Members Garrett. Bradshaw, Habenicht. Waggoner, Grazulis. Bums None Council Member Nabbolz (iii) Chid Building Official Smith presented a recommendation from the Depanrnent of Safety Services to adopt a bill for an ordinance pertaining to Solid Fuel Burning DC\-ices . He explained that the recommendation is to change the current ordinance that prohibits all solid burning fuel devices and allow State and EPA approved wood burning stoves to be approved. Council Member Bradshaw asked if this addresses the issues our residents raised on the wood burning stoves. Mr. Smith said they do and ber stove is on the CIUTCllt approved list provided by the State. Ms. Bradshaw said okay , that is what she nccded to check OD . Mr. Smith pointed that in addition to the I Ill wood stoves that have been approved by the State, there are also 37 pellet types that have been appnMd by Colorado and EPA. Mayor Bums noted that this seems to bring us in line with what most other cities have done ... since we had this at our Study Session a few weeks ago . Mr. Smith said yes. Council Member Bradshaw tha1*.cd Mr. Smith for his wort on this. The City Clert read the council bill by title : COUNCIL BILL NO. 42 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 6, CHAPTER I , SECTIONS 11 AND 12, OF THE ENGLEWOOD MUNICIPAL CODE 198.5, PERTAINING TO WOODSTOVES . COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCll.. Bll.L NO. 42. Motion carried. Ayes : Council Members Garrett. Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays: None Absent : Council Member Nabbolz (b) Approval ofOrdinaDccs OD Second Reading Thcrc: wen: no additional items submiUcd for approval on second reading. (Sec Agenda Item 10 -Consent Agenda.) I • 0 - • • • Englewood City Council June 21, 1999 Page 12 , ..... .. (c) Resolutions and Motions ~ --· • • - There were no resolutions or motions submitted for approval . 12 . General DilClluioD (a) Mayor's Choice .. .. ' "' (i) Mayor Burns DOied we participated 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 he has done since becoming Mayor. He said there were a lot of comments on thal but thev had a good time. The weather was son of wild for awhile and then it was nice . Mayor Burns said he · thought a lot of people took note of the fact that we are 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 Burns advised he attended the last parL Saturday . of the Swnmit on Youth Violence down al Metro State . He said he talked to the Governor. the Attorney General and Bill Ritter. the DA from Denver after tbal .. He commenled that he got the impression there is a real gap in th e knowledge of a lot of these folks about what cities are doing about before and after school programs. the Safe Summer Program . He noted be talked to Attorney General Salazar and he doesn't thinlc he even knew what that was . He said be is not sure what the counties are doing through the parks and recreation dcpanmcnU about before and after school programs, but the municipal involvement in this ... what we are already doing .. .is kind of loll on a lot of these people. Mayor Burns said he asked Bill Ritter what he thoughl the Mayon in the area c:ould do to belp facilitate: what they are doing and he did not have a clue . he was stumped by the qucstioa. So. be said, the best thing was what the Attorney General said, that we can let them know what wc are doing aln:ady bcc:ausc they really occd to know a lot more about thaL He opined it was beneficial to be there just to talk to them briefly. They had the expens. they had all the folks you have seen before giving some very good comments on violence, gun conirol and so forth. But, he noted, a lot of these were punitive measures and things like that and cities are doing a lot of constructive things. Council Member Bradshaw said wc are doing preventative and that is much more affective. Mayor Burns agr=l and said wc may be filling some gaps that nobody else is already and maybe they need to know that. So be will promote and sec if they can get some more infonnation to them about that. They are suppose to render a repon in the next several weeks, he said, but that is a repon and he is not sure what is going to happen to the repon. They did not have nearly the attendance they thought they would have . He noted the paper said they cxpccted a couple thousand people and he thought they had a couple of hundred . Mayor Burns said there was some quality discussion, especially by the kids earlier in the day. He was told because he talked to several people who had been there all day. Ken Bueche was there from the Municipal League . He opined it was wonhwhilc. 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 - • • .. ~ --· • I•' / !, . .. • • ' Eapewood City Couacil Jue21,1999 Pqell COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE $21..00 PLUS WBA TEVER El.SE IS NEEDED TO SEND MAYOR BURNS AND COUNCll.. MEMBERS GRAZULIS, HABENICHT AND NABBOLZ TO THE CML CONFERENCE. In respomc to Mayor Bums, Council Member Waggoner clarified that "whatever else is nccdcd" refers lo the amoums listed oo the individual memos . Ayes : Nays : Absent : Motion carried. Council Members Garrett, Bradshaw, Habenicht, Waggoner. Grazulis. Bums None Council Member Nabholz Council Member Waggoner commented that that is a good organiz.alion and a good meeting to attend . * •••• Council Member Bradshaw suggeslcd, reganting the discussion Cowicil just had on the Summit on Youth Violence, that they go through CML and DRCOG and quit reinventing new stuff all the time . Council agrcc:d it was a good idea. Ms. Bradshaw noced the infonnalion is out there. (iv) MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE $6,000 FOR THE EXPENDl11Jll FOR THE JULY ,n CELEBRATION. Mayor Bums clarified that Council is iDcreasiDg their donation by SSOO , from S.5,SOO to $6,000 . Ayes : Nays : Absent : Motion carried. Council Members Gama, Bradshaw, Habenicht, Waggoner, Grazulis, Bums None 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 THE 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 : None Absent : Council Member Nabholz (ii) Council Member Bradshaw: I. She thanked Tom Vandamee for his response to her question last time. 2. She wanted to give Pau1eUa Punccrdli credit for pulling that off last Thursday . City Manager Scan aid he would pus thal oo, Ille really did a gratjob ud worked very hard. He thanked Ms. Bndsbaw for her COIIIIDalL Mayor Bums qrced Ille did a grat job. .. . ., ..: ' ., ' • . ' .. ) I . 0 I • • • Eapewood City C01111Cil Juae21, 1999 ..... , .. ·~ ',' (iii) Council Member Grazulis: .. ~ ,...- • .. • -' ... ~ I . She advised she attended Career Day at Bishop with Council Member Habenicht She said it is always rcfn:shing to listen to the children's opinions about what is happening in the City and some of the things there would like to see put in the area there. They overwhelmingly, always mention 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 to sec more skate parts ... it comes up all the time. Mayor Bums nolCd be did appear at the skatdJoard opening for South Suburban a couple of weeks ago and it was interesting. He mentioned to Ollis Olson that Sheriff Pat Sullivan was there to officiate and it was good to sec him, but it wasn't exactly in bis jurisdictioo. Mayor Bums said he was wondering if Englc:wood police had been invited to aamd that event. Director Olson indicated they had noc . Mayor Bums said be was a liltlc curious and be noted it is the only facility South Suburban has that is out of their district But the Sheriff made a nice appearance, was very complimentary to all of us. got on the micropbonc and c:arricd on for some time . 2. She 5lalecl the home site for the Web still has current articles dated from 1998 and she was not sure who was in charge of it. Ms . Grazulis said she looks at it all the time, that she likes to study it and there arc a IOl of different agencies where their most current things arc 1998. She said she has the ex.;ct listings, but she left the list at home ... in case they need to know where to find tbcsc. without looking through cvcrytbing. City Manager Scars advised that Frank Gryglcwicz is in charge of tbal, but he would relay thal.. He noted that be thought one of those was his and they have been on him to update that a little bit. Ms. Grazul is said the Holiday from 1998 and what the tbcmc was is on there and she felt it should be changed. (iv) Council Member Waggoner noted it was a long time ago, but at one time we had IOIIIC prublcms with the cootracton that Public Service Company was hiring to !*Ch streets and we called Public Service Company in and tbrcalcncd to do away with the benefit they get now on street cuts. He said be tbims they get a street cut permit for a basic fee , wbcrc we charge everybody else S2 . 00 a sqiwc fool or it was S2.00, maybe it is $4.00 now . And we do the !*Ching and that way it gets done in good time and is a quality placemcm. Mr. Waggoner said it seems to him that Public Service Company is very lax again. that the COlllrlClorS they hire arc absolutely doing a terrible job. The patches scltlc and they look rou gh for a long time, they just don't take pride in their wort . He said be thinks it is time that Public Worts gets togctba with Public Service Company and threaten to change ... and be knows be is willing ... to change the code to where we do the patching ourselves, that way we know it is done right and in good time. He tbougM it would be wise to get bold of them and tdl them the same thing again and get them on the ball . City Manager Scars advised we will do that and report back to Council Member Waggoner at the next meeting . (v) Council Member Habenicht : 1. She said she also wanted to compliment everybody who put together the groundbreaking. It was a IOl of fun . 2 . She said, to piggy back on what Julie Grazulis was saying about visiting with the kids, that she thought they bad a lot of fun, that they were son of like a Siskel and Eben type of team. She noted that several kids, iodq)cndcntly, different groups said they wanted bookstores and she was really tickled to sec that. They wen: very excited and politive. SIie commcotcd that she bad also done this for Clayton Elcmcntaiy and she must have put aside the mail and lbc looked II it last night. SIie bas a list of thank you letters and they arc just so fun. SIie said lbc would share them with Council . They talk about bow much fun it must be to be a politician. • ' ~ . ' ,. I • 0 • • Englewood City Council June 21, 1999 Page 15 ,,-. • • - • ' ... 3. She said she noticed in the Rocky Mountain News today about the opening of the Gothic and sh e wondered what the status was there. It was a very nice article. Mayor Bums stated there was an article in the Post on Sunday. City Manager Sears advised we have been working extremely hard, Lance Smith and Chris Olson in particular. to tty to make sure they open, work with them on the opening. It has worked out relati\'el y well and in Council's packet there was information that listed out a number of things. inc luding the Department of Health and water requirements that are outside our jurisdiction. Mr. Sears 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 of the event. Tonight is one event that has been postponed to Thursday. but we arc still not certain as to whether or not they will comply tomorrow night. with all the code. when the doors arc open . City Manager Sears advised we have been in almost hourl y contact \\-ith them and the contractor to let them know precisel y what the areas are and they are behind. It is putting a lot of pressure on us and on them to move ahead, but we are really tzying to accommodate. From a liquor code standpoint th ey ha\'e to meet certain requirements . Ci ty Manager Sears asked that Chris Olson update Council with the latest information this evening on where we are. Director Olson advised he was over there tonight and the only people in the building arc construction workers franticall y 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 that is not the case . Work is moving forward frantically and the last word they got tonight was that they will be in there all night long. be said. Lance Smith and Ben Greene were over there earlier and they feel that they are probabl y about 90% to completion on the things we demanded be done . They bad their water test. apparentl y, and Tri-County has given them an okay. Ben Greene will go on in there tomorrow and test the fire alarm and the monitoring systems . so they are very, very close . Mr. Olson commented that bow they will be able to open tomorrow night he was not sure, because the place is just full of people working in there and construction equipment and so on. But as City Manager Sears indicated, we will, tomorrow aftemoon ... and Lance Smith conveyed to the supervisor over there ... that after 3:30 p .m we will not be going back there later that night to do more inspections. That will be the cutoff point and be will have to have those requests in by that time . otherwise we won 't go on back . So we will meet tomorrow and at this point. swprisingly they are about 10% awa y from aa least being able to open given the criteria that we established for them. Whal condition it 'l'i ll 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 Habenicht noted there was a lot of activity over the week.end . She said she thinks it is important that they open under the codes that we have and at the same time she thinks that we are be ing very cooperative in working together and partnering. So she is hoping they can get all of that done . Director Olson said be would have to say that our people in building and in the Fire Marshall's Offi ce have really worked with them much more than they usually do on most projects. They understand what they have to get done to be in compliance. So, he stated, 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 IIICICl 10 discuss what our next phase is and go from there. Director Olson advised that we are prepared to not allow them to have the event tomorrow night if they are not in compliance . Hopefull y, he said, they will be because we don't want 10 go through that scenario. Mayor Bums noted they have received some good, free publicity too and he hopes that they can open. It will be III much better for their business . • ) I • 0 - • • • I' Englewood City Council June 21 , 1999 Page 16 .. • -· • • -... Director Olson said that ultimately the y will, they are getting there . He said he 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 on this and working with them. City Manager Sears conunellled that it is our obligation to work with them, that this is really a nice asset 10 the community . But at the same time, the TCO, the Tempora,y Certificate of Occupancy. gives us some flexibility and we will use that flexibility to make this happen \\i thout 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 staff does a wonderful job. City Manager Sears said he knows Lance Smith and Chris Olson are doing a wonderful job of working through 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 reall y looks ni ce . sh e drove by there . City Manager Sears noted they worked very effectively with us lo do that 13 . City Muqer'1 ~port (a) City Manager Sears noted we have done this in the past. but he wanted 10 hear if Council has any conunents regarding the Lions Club miniature train maintcnancc: contract They would like us 10 take over the maintenance of that and pay us on an hourly basis for the materials that we provide 10 everybody else. Council Member Bradshaw and Mayor Bums conunented that that makes sense. So , Ci ty Manager Sears said, we are going to go ahead and do that. Council Member Waggoner said that will be a contract, just like with the schools. City Manager Sears said that is right Council Member Ganett asked ifwe are protected on the liability side. City Attorney Brotzman advised that the City has an overall agreement with the Lions Club. The agreement currently provi des that they will take care of maintenance and yes it docs provide for liability protection for us . (b) City Manager Sears said they did have the Concrete Utility discussion for the Study Session earlier and he does not know the urgency of getting into this. He knows we are in concrete 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 If there is not any urgency we can put this off to the next Council Study Session, he said. Council Member Waggoner noted if they have started 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, he said, it is much easier to gel that done al the same time. Otherwise you have lo 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 minUleS . And they found out that even though it is AD A 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 - • • Englewood City Council June 21, 1999 Page 17 • - .. ,, Mayor Burns suggested they go into discussion and Director 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 to talk about two issues. One was to depress curt, cuts and what happens is we Slart doing the work with the Concrete Utility Program and a portion of ii is in the driveway area and people aren't very fond of their Hollywood cwbs and they want the curt, cut depressed . In response to Mayor Bums. Mr, Ross explained that a depressed curt, cul is a transition where it comes down and leaves about an inch or :zero of a lift. So basically what happens is instead of driving up over a four inch depch of curt, walk they will go over one inch or no inch. ii is a lot more gradual . II elevates the jar you feel as you are driving into your driveway. We gel into the siruation where we have the Utility Program to replace concrete that is in poor condition and we explain this to the people . Bui we do work with the people and explain that if SO°/o of the driveway is in bad condition we \\-ill go ahead and replace it all and give you the depressed curl, cul Fonwwely, be advised, we have pretty good people out in the field and they will even take that to the next step and they will look at the remaining portion and if ii looks like ii will go bad in two or three years. even though ii doesn't meet this year's ICSL they will still go ahead and replace it. He explained that wc have not received any complaints on iL so we feel that is the way to continue to handle that situation, but wc wanted to run it by Council and make sun: it meets ,.;th Council's approval . Mayor Burns commented that if it isn~ broke . don't fix iL Director Ross explained that onsite concrete is a little different story and we take a hands off approach to that . We basically give the person the name of.our contractor and phone number and they can contact them and try to schedule their work. Typically our concrcte contractor is a little more expensive than a lot of the people who do this kind of work . He noted that it seems that everybody has a brother-in-law or a uncle. or a friend of a friend who bas a couple of finishing tools and a pick-up truck and instead going through our contractor. Director Ross noted that what wc have in the economy today is, these people. when they are working on this program. their finishing crew is scheduled for two other jobs as soon as they finish this job . So they are really not too approachable in today's economy to do that kind of work . Basically . he advi sed, we just facilitale thein, give them a name and number of who to contact and if they have any luck fine . if they don 't 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 siruations where this work is done 10 our specifications ... ii is well defined ... you have 10 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 ii is a little difficult for us to enforce this persons expectations and what they wanl 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 work with these people . Mr. Ross stated we could certainly do that. The nudge pan is kind of difficult, it is kind of a tough spec IO write when you say thou shalt, because when you SlaJt putting those mandalcs in there, then unfortunately if they really don't want to do tha1 they might price it in a way that is not very favorable . We can certainly indicate on our specs that we will expect the people who bid our work IO do this, but it won't be any cheaper, but we can at least give them a beads up when they bid. Director Ross asked Council Member Waggoner if he 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 uuck is out there and they have machinery out there, to go ahead and remove the other concrete at the same time. Director Ross noted that be used to be in the conslrUC1ion business and the times were a lot leaner when he was doing it. When wc were approached by people, when we were out in the field. we gave them a break, because there was no point in charging this person mobilization fees, when I was already charging that to • • I • ]- • • ../' lapewood City Coucil Jue21, 1999 Pqe18 .. ,, • • •• ' ... the City, be said. So those are the kinds 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, tberc is no change rccollllllCllded. Dircc:tor Ross staled lbcrc is no change rccommendcd. Mayor Bwns thanked Director Ross. 14 . City Attoniey'1 Report (a) City Attorney Brotzman DOied Council bas in their padlct a complaint from Jerry Nestler and Pamela Devon and be requested that Hall and Evans cldmd m in Ibis maacr. He said be wanted to do one disclollarc . He advised that prior to being iDbouse aiuuel be did rcpraea Jerry Nestler, in some privafc IIClioal, be doesn't cunmdy, but be did previously and walUd Council to be aware of lhal. Mr. Browmn llaled that really bas nodling to do with why we are c:booling Hall and Evans to defend this. it is DIOR just time CODll•mptioo . Mayor Bums DOied Ibis is a quiet title action. City Attorney Brotzman said 1h11 is colTCCt. He explained 1h11 this is actuaUy owr the City ditch, this is our City ditch rigbl~-way, so obviously we are going to dd'md it. to want to ddmd il COUNCD.. MEMall BllADSBAW MOVED, AND IT WAS SECONDED, TO ALLOW BALL AND IV ANS 10 DIRND THE QUIET TITLE ACTION m.ED BY JERRY NESTLER AND PAMELA DIVON. Ayes : Nays: Ablcnt: Motion carried. 15 . AdjN..-t Council Members Gamu. Bradshaw. Habenicht, Waggoner, Grazulis. Bums Nooe Council Member Nabbolz COUNCD.. MEMBIR BllADSBAW MOVED TO ADJOURN. The meeting adjourned at 8 :57 p .m. ~~d(ft ~ ' .. I. .. ., ', I . 0 - • • • .. . . • . - PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON.aCHEDULED VISITORS DATE: JULYl, 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· 0 - • .. ~:. .. Englewood City Council Code Enforcement Committee Keep Englewood Beautiful Committee Dear Council ; .. • • •• .. Theodore W. Sell 3279 S Acoma S1 . Englewood. CO 80 I I 0 303 89-44 57 .... .. I regretfully must inform you that I must resign my committee positions to help my famil y deal with matters of a personal nature . I wish only the besl for you and the city of Englewood . I\.\; ""'···; • ·,.. ., , . .. ' ~ • -.. • ... ea I • 0 32X - • • .. -·· • / • . , .. ' RESOLUTION NO . SERIES OF 1999 1./ A REsObffloN ......... 117 ? llli&l'OLl.rm TOTHB OULTUftALARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 1996 ; and WHEREAS , Eric Bertoluzzi has applied to serve a s a member of the Englew oo d Cultura l Arts Commission ; and WHEREAS , the Englewood City Council de s ires to appoint Eri c Bertoluzzi to the Englewood Cultural Arts Commission; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon l. Eric Bertoluzzi is hereby appointed to t h e Engle wood Cultura l Arts Commission . Eric Bertoluzzi's term will be effective imm ediately and will expire July 1, 2000. ADOPTED AND APPROVED this 6th day of July, 1999. ATTEST : Thomas J . Burns, Mayor Lo ucrishia A. Ellis, City Clerk I , Lo ucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , here by ce rtify the a bove is a true copy of Resolution No .~ Series of 1999 . Loucrishia A. Ellis ., ,• • Sb I • C, . ]- • • r RESOLUTION NO._ SERIES OF 1999 .. .. • -·· • • •• (,,L'QI(:. ~;-r-r i .. ... A RESOLUTION APPOINTING ERIC BERTOLUZZI TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS , there is a vacancy in the Englewood Urban Renewal Authority ; and WHEREAS , Eric Bertoluzzi has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Mayor with the approval of the Englewood City Council desires to appoint Eric Bertoluzzi to the Englewood Urban Renewal Authority; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. Eric Bertoluzzi is hereby appointed to the Englewood Urban Renewal Authority. Eric Bertoluzzi's term will be effective immediately and will expire February 5, 2001. ADOPTED AND APPROVED this 6th day of July, 1999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No._, Series of 1999 . Loucrishia A. Ellis ' .. Sc .. . ' .. I • 0 - • • IBSOLUTION NO._ SERIES OF 1999 .. • • • •• .. .. ... .. A USOLUTION APPOINTING .JILL CARLSTON TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , there is a vacancy in the Englewood Board of Adjustment and Appeals; and WHEREAS, Jill Carlston has applied to serve as a member of the Englewood Board of Adjustment and Appeals: and WHEREAS , the Englewood City Council desires to appoint Jill Carlston to the Englewood Board of Adjustment and Appeals ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT : Sectjon 1. Jill Carlston is hereby appointed to the Englewood Board of Adjustment and Appeals. Jill Carleton's term will be effective immediately and will expire February 1, 2002. ADOPTED AND APPROVED this Glh day of July, 1999. Thomas J. Burns, Mayo r ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 1999 . Loucrishia A. Ellis ~ ·, ,· .. ' _, ' .. • I ', • 8d I • 0 32X RBSOLUTION NO._ SERIES OF 1999 .. .. • • •• .. ... A RBSOLUTION APPOINTING JILL CARLSTON TO THE CODE ENFORCEMENT ADVISORY COMMI'M'EE FOR THE CITY OF ENGLEWOOD , COLORADO. .. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71 , Series of 1997; and WHEREAS, Jill Carlston has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Jill Carlston to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: $ectjon 1. Jill Carlston is hereby appointed to the Englewood Code Enforcement Advisory Committee. Jill Carleton's term will be effective immediately and will expire October 1, 1999 . ADOPTED AND APPROVED this 6th day of July , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis " ' . ' . Be I • 0 32X . ]-- l '-..iJ .-------------------------- .· IIIISOLUTION NO._ SERIES OF 1999 ....... } .. {. • • • •• .. A ltBSOLUTION APPOINTING JILL CARLSTON TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . ' .. WHEREAS, there is a vacancy in the Englewood Urban Renewal Authority : and WHEREAS, Jill Carlston has applied to serve as a member of the Englewood Urban Renewal Authority ; and WHEREAS . the Mayor with the approval of the Englewood City Council desires to appoint Jill Carlston to the Englewood Urban Renewal Authority ; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF ENGLEWOOD . COLORADO , THAT : $ectjon 1. Jill Carlston is hereby appointed to the Englewood Urban Renewal Authority. Jill Carlston's term will be effective immediately and will expire February 5, 2002. ADOPTED AND APPROVED this 6th day of July , 1999. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 1999. Loucrishia A. Ellis , . .. .. . .._ " . ' i 8f I • 0 . ]- -------.----~~~--------:-"""'.'.""------~~~-~---- 'RBIOUJTION NO ._ SERIES OF 1999 • • • • VJ 1-G-fc {'v, .. .. ... .. A PIIOUJ'ftON APPOINTING BILL CUB.NOW TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS , there is a vacancy in the Englewood Downtown Development Authority ; and WHEREAS, Bill Curnow has applied to serve as a member of the Englewood Downtown Development Authority; and WHEREAS , the Englewood City Council desires to appoint Bill Curnow to the Englewood Downtown Development Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT : $e<;tjon 1. Bill Curnow is hereby appointed to the Englewood Downtown Development Authority. Bill Curnow's term will be effective immediately and will expire June 30 , 2000 . ADOPTED AND APPROVED this 6"' day of July, 1999. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 1999 . Loucrishia A. Ellis .. . ' ' . 8g , I • 0 32X - 1t8JLtJ'm>Nl40. - SERIES OF 1999 .. • --• • ••• ... .. A RESOLUTION APPOINTING ABDI DULANE TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, there is a vacancy in the Englewood Clean, Green and Proud Commission ; and WHEREAS , Abdi Dulane has applied to serve as a member of the Englewood Clean, Green and Proud CommiBBion ; and WHEREAS, the Englewo;xi City Council desires to appoint Abdi Dulane to the Englewood Clean, Green and Proud Commission; NOW , THEREFORE, B,I;; IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Ses;tjgn 1. Abdi Dulane is hereby appointed to the Englewood Clean. Green and Proud Commission . Abdi Dulane's term will be effective immediately and will expire December 10, 2000. ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J. Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true ~'Opy of Resolution No .~ Series of 1999. Loucrishia A. Ellis ' . 8h '· . I . . I .. • 0 2X .]-. ..- IBSOLtmONNO.~ I SERIES OF 1999 • --• • •• ' A KBSOLtmON APPOINTING GERALD GARTNER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. .. ... .. WHEREAS, there is a vacancy in the Englewood Downtown Development Authority; and WHEREAS, Gerald Gartner has applied to aerve as a member of the Englewood Downtown Development Authority; and WHEREAS , the Englewood City Council desires to appoint Gerald Gartner to the Englewood Downtown Development Authority ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : $ection 1. Gerald Gartner is hereby appointed to the Englewood Downtown Development Authority. Gerald Gartner's term will be effective immediately and will exp ir e June 30, 2003. ADOPTED AND APPROVED this sm day of July, 1999. Thomas J . Burns. Ma yor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis • •,. .. . ,, .. . ' '._ ' ' . Bi I • 0 32X - a.oLU'l'ION NO._ SERIES OF 1999 . • ....... .. ·. ... ' c; t ,, .... ,... .. • • •• .. A IIBSOUJ'nON APPOINTING AUSTIN GOMES TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS , the Englewood Code Enforcement Advisory Comm ittee was es tablished by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997; and WHEREAS, Austin Gomes has applied to serve as a member of the Englewood Code Enforcement Advisory Committee: and WHEREAS, the Englewood City Council desires to appoint Austin Gomes to the Englewood Code Enforcement Advisory Committee ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. Austin Gomes is hereby appointed to the Englewood Code Enforcement Advisory Committee. Austin Gomes' term will be effective immediately and will expire October l , 1999. ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk for the City of Englewood , Colorado, hereby certify the above is a true cop y of Resolution No .~ Series of 1999. Loucrishia A. Ellis ., .. ... .. SJ I • 0 - • I \...;J / at!IOLtmON NO._ SERIES OF 1999 .. • • •• .. .. .. A B.BSOLUTION APPOINTING BRIAN HAMBLETON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71 , Series of 1997; a nd WHEREAS, Brian Hambleton has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council des ires to appoint Bnan Hambleton to the Englewood Code Enforcement Advisory Committee ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF E NGLEWOOD , COLORADO , THAT : Sectjon 1. Brian Hambleton is hereby appointed to the Englewood Code Enforce me n t Advisory Committee. Brian Hambleton's term will be effective imm e diately and will exprre October 1, 2000. ADOPTED AND APPROVED this 61b day of July, 1999. Thomas J . Burns, Ma yor ATTEST : Loucrishia A. Ellis , Cit y Clerk I , Loucriahia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis . , .. ., ... \ . Bk I • C, 32 I - RBSOUfflON NO._ SERIES OF 1999 ,~ ·~ .. 4. ,· . .. • --• • - .. ' ... .. ' ~ l:a~ rf,, ---1 ~-; K A llBSOLt.mON llBAPPOIN'MNO MICHAEL HEBl!:RLIN~TO CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORWO.~~ 4, WHEREAS , Michael Heberling is a current youth liaison of the Englewood Cultural Arts Commission; and WHEREAS , Michael Heberling's current term expires June 30. 1999: and WHEREAS , Michael Heberling has applied for reappointment to the Englewood Cultural Arts Commission for another term ; and WHEREAS , the Englewood City Council desires to reappoint Michael Heberling to the Englewood Cultural Arts Commission for another term ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjgn 1. Michael Heberling is hereby reappointed as youth liaison to the Cult ura l Arts Commission for the City of Englewood, Colorado . Michael Heberling's term will be effective immediately with term expiring June 30, 2000 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishis A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis , .. .. ,. '· .. .. ; 81 I • 0 3 I ]- • RESOLUTION NO. _ SERIES OF 1999 .. • • •• .. .. ... .. A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS YOUTH LIAISON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Michael Heberling is a current youth liaison of the Englewood Cultural Arts Commiaaion; and WHEREAS, Michael Heberting's current term expires June 30, 1999; and WHEREAS , Michael Heberling has applied for reappointment to the Englewood Cultural Arts CommiNion for another term; and WHEREAS, the Englewood City Council desires to reappoint Michael Heberling to the Englewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjon 1. Michael Heberling is hereby reappointed as youth liaison to the Cultural Arts Commission for the City of Englewood, Colorado. Michael Heberling's term will be effective immediately with term expiring June 30, 2000. ADOPTED AND APPROVED this 6th day of July, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999 . Loucrishia A. Ellis I .. ,,; ' ', ... . ' \, I • 0 32X - • .. • ,,,-- • "~:t. . ../' • .. .. ., • -.. ... SERIES OF 1999 IIIIIOLUTION NO._ ~ A IUl80LUTION REAPPOINTING MICHAEL HEBERIJNG AS YOUTH E TO THE PUBLIC LfflRARY BOARD FOR THE CITY OF ENGLEWOOD , COLO WHEREAS , Michael Heberling is a current youth member of the Englewood Public Library Board; and WHEREAS. Michael Heberling has applied for reappointment as youth membe r to the Englewood Public Library Board; and WHEREAS , the Englewood City Council desires to reappoint Michael Heberling as youth member to the Englewood Public Library Board ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT : Section l. Michael Heberling is hereby reappointed as youth member to the Englewood Public Library Board and such term shall expire June 30 , 2000. ADOPTED AND APPROVED this 6th day of July. 1999 . Thomas J . Burns , Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999 . Loucrishia A. Ellis . .. .. .. ' _, .. I • Sm I • 0 32X -./ U:SOLUTION NO._ SERIES OF 1999 )'ll., • • .. • •• ... A RESOLUTION REAPPOINTING SELWYN G. HEWl'M' TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Selwyn Hewitt is a current member of the Malley Center Trust Fund: and WHEREAS , Selwyn Hewitt's current term expired April 20 , 1999: and WHEREAS, Selwyn Hewitt has applied for reappointment to the Malley Center Trust Fund for another term ; and WHEREAS, the Englewood City Council desires to reappoint Selwyn Hewitt to the Malley Center Trust Fund for another term ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. Selwyn G. Hewitt is hereby reappointed t o the Malley Center Trust Fund for the City of Englewood , Colorado . Selwyn Hewitt's term will be effective immediately with term expiring April 20, 2002 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 1999 . Loucrishia A. Ellis . .. Sn .. ' ' . I ., • 0 32 . ]- • / USOLUTION NO._ SERIES OF 1999 .. • • • •• .. .. ... A RESOLUTION BBAPPOINTING ROSEMARY LAPORTA TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Rosemary LaPorta is a current member of the Englewood Cultural Arts Commission; and WHEREAS, Rosemary LaPorta's current term expires July 1, 1999 ; and WHEREAS, Rosemary LaPorta bas applied for reappointment to the Englewood Cultural Arts Commission for another term ; and WHEREAS , the Englewood City Council desires to reappoint Rosemary LaPorta to the Englewood Cultural Arts Commission for another term : NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : $ectjon l. Rosemary LaPorta is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado. Rosemary LaPorta's term will be effective immediately with term expiring July 1, 2002 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No._, Series of 1999. Loucrishia A. Ellis '·' , .. .. .. ', -so I • 0 - • • DSOLtmON NO._ SERIES OF 1999 .. --• • •• .. ... A RESOLtmON REAPPOINTING DOROTHY MARTINEZ TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD . COLORADO . WHEREAS , Dorothy Martinez is a current member of the Englewood Liquor Licensing Authority; and WHEREAS , Dorothy Martinez's current term expires August 4, 1999 ; and WHEREAS . Dorothy Martinez has applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS , the Englewood City Council desires to reappoint Dorothy Martinez to the Englewood Liquor Licensing Authority; NOW , THEREFORE , BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : $ect.jon 1. Dorothy Martinez is hereby reappointed to the Englewood Liquor Licens ing Authority. Dorothy Martinez's term will be effective immediately and will expire August 4, 2002 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis .. : ' 8p I • 0 32X - • -,/ RBSOLUTION NO._ SERIES OF 1999 .. ,. • .. • •••• " A RESOLUTION APPOINTING CHRISTOPHER RANSICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS , Christopher Ransick has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS , the Englewood City Council desires to appoint Christopher Ransick to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: $ect.jon 1. Christopher Ransick is hereby appointed to the Englewood Planning and Zoning Commission. Christopher Ransick's term will be effective immediately and s hall expire February 1, 2000 . ADOPTED AND APPROVED this 6th day of July , 1999. Thomas J . Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis , .. ,, . .. . \ .. • I .. I Sq I • 0 32X J - • • / RSSOLUTION NO._ SERIES OF 1999 _ ...... )' .. ' •· ., .. • .. • •. - .. .... A JlBSOLUTION RECOMMENDING THE APPOINTMENT OF EDWIN SANBORN TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, there is a vacancy in the Englewood Housing Authority ; and WHEREAS, Edwin Sanborn has applied to serve as a member of the Englewood Housing Authority; and WHEREAS , the Mayor with the approval of the Englewood City Council desires to appoint Edwin Sanborn to the Englewood Housing Authority; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section 1. The City Council of the City of Englewood , Colorado recommends that the Mayor appoint Edwin Sanborn to the Englewood Housing Authority . Edwin Sanborn's term will be effective immediately and will expire July 1, 2004 . ADOPTED AND APPROVED this 6th day of July, 1999. Thoma s J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk for the City of Englewood , Co lorado. hereby certify the above ia a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ,. . .. .. • I Sr I • 0 - • 't • l ~ • BalOl»l'ION NO._ SERIES OF 1999 -~ .. " • • • •• .. .. ... .. A RESOLUTION REAPPOINTING RAYMOND D. TOMASSO TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , Raymond Tomasso is a current member of the Englewood Cultural Arts Commission; and WHEREAS, Raymond Tomasso's current term expires July 1, 1999 ; and WHEREAS, Raymond Tomasso has applied for reappointment to the Englewood Cultural Arts Commission for another term ; and WHEREAS, the Englewood City Council desires to reappoint Raymond Tomasso to the Englewood Cultural Arts Commission for another term ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : $eg,jpn 1. Raymond Tomasso is hereby reappointed to the Cultural Arts Comm1ss1on fo r the City of Englewood, Colorado. Raymond Tomasso 's term will be effective immediately with term expiring July 1, 2002 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ' .. 81 ... I .. . ' . I • 0 J-/ IIIOLUTION NO._ SERIES OF 1999 .. ,. ,,-- • • -.. \,Ii ,Iv~ . .. A RBSOLUTION REAPPOINTING CUFFORD M. WEINBERGER TO DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Clifford Weinberger is a current member of the Englewood Downtown Development Authority; and WHEREAS, Clifford Weinberger's current term expires June 30, 1999: and WHEREAS , Clifford Weinberger has applied for reappointment to the Englewood Downtown Development Authority for another term : and WHEREAS , the Englewood City Council desires to reappoint Clifford Weinberger to the Englewood Downtown Development Authority for another term : NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : $ect,jon 1. Clifford Weinberger is hereby reappointed to the Downtown Development Authority for the City of Englewood, Colorado . Clifford Weinberger's term will be effective immediately with term expiring June 30 , 2003 . ADOPTED AND APPROVED this 6th day of July , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis . .. 1o.· ~ .. .. • 81 I • 0 3 - 1llillOl.u'l'roN NO. _ SERIES OF 1999 t• { ~·~ .. ,... •, 'i-·-·. " .. • --• . • .. •• .. A RESOLUTION REAPPOINTING OLGA WOLOSYN TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS. Olga Wolosyn is a current member of the Englewood Cultural Arts Commission; and WHEREAS , Olga Wolosyn's current term expires July 1, 1999 : and .. WHEREAS, Olga Wolosyn bas applied for reappointment to the Englewood Cultura l Arts Commission for another term; and WHEREAS , the Englewood City Council desires to reappoint Olga Wolosyn to the Englewood Cultural Arts Commission for another term ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Ses;tjgn 1. Olga Wolosyn is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado. Olga Wolosyn 's term will be effective immediately with term expiring July l , 2002 . ADOPTED AND APPROVED this 6th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ., ... Bu I • 0 32 J • • .. • --· • .. • -.. • (O'-' ORDINA..'-:CE ~O. _ SERIES OF 1999 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 44 T~i'RODlJCED BY COLT~CIL MEMBER~~~~~~~ A1\I ORDI:S:A..\ICE APPROVING A.\I I:--i"TERGOVER:%1ENTAL AGREE:ME>IT BETWEE:'.'1 THE .-IB.-\PAHOE COlJ;\j'TY BOARD OF COMMISSIONERS BY A..\ID THROuGH THE .-IB.-\P.lliOE COL""NTI CLERK AND RECORDER A.'\/D THE CITY OF ENGLEWOOD TO CONDCCT A COO RDI:'.'IATED ELECTION ON );0VE~!BER 2 . 1999. WHEREAS . pursuant to the Cruform Election Code of 1992 . governmental entines are encouraged to coo perate and co ns oildate elections in order to reduce taxpayer expenses : and WHERE.-\S . the Ci ty of Engle woo d ha participated with Ar apah oe County tn conducting coordinated elections tn 1993. 1994, 1995, 1996 , 199i and 1998 : and WHEREAS , Arapahoe County and the City of Englewood have determined that it , in the best interest of the taxpayers and the electors to cond uct a coo rdmated election for the ~ovember 2. 1999 election: and WHEREAS , the Colorado Cons t1tution Article X. Section 20 , requires the productio n of a mailed notice ("TABOR" ~otice ) co ncerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englew oo d : and WHEREAS , the TABOR notice of se,·e ral Jurisdiction a r e t o be sent as a package where jurisdictions ove rlap : and WHEREAS . there s hould be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said co nstitutional section : and WHEREAS, the Co unty and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and if ne cessary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COU:'.'ICIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1: The Intergovernmental .-\greement For Coordinated Election (Election and TABOR Notice) is attached hereto as ·'Exhibit l." The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) 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 t he Agreement for and on behalf of the City of Englewood. -1- . .. ~ -., I • 0 .]- • • .. • -• •. , ... ,. / .. .. . .. • • .. ... ., COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement with Arapahoe County for Coordinated July 6 . 1999 10 a i Election Services Initiated By Staff Source Frank Gryglewicz, Director of Financial Services Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections every year since 1993. RECOMMENDED ACTION Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 2, 1999 Coordinated Mail Ballot Election . ) Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks . Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on November 2, 1999. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County . In order to participate in the 1999 coordinated election, it is essential for the City of Englewood to enter into an intergovernmental agreement with Arapahoe County . Staff has reviewed the proposed intergovernmental agreement with Arapahoe County and concurs with the Commission's recommendation . FINANCIAL IMPACT Since costs are based on several variables, i.e . the number of registered electors in the City of Englewood at the time of the election, the number of ballot questions, the number of entities participating in the election, the financial impact is only an estimate . Based on the known facts, the cost of the 1999 municipal election has been budgeted at $20,000.00. UST OF ATTACHMENTS 'V Proposed bill for an ordinance Proposed Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice) ' .. • I I . 0 32 - • • • --• . • • .. -.. ... .. Introduced, read in full, and passed on first reading on the 6th day of July, 1999 . Published as a Bill for an Ordinance on the 9th day of July, 1999. Thomas J . Burns, Ma yor A'M'EST : 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 cop y of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of July , 1999 . Loucrishia A. Ellis -2- ' . .. ... . .,, .. . ' ' • , I • 0 32X • • l \..... / • --• • -' FOR COORDIX.HED ELECTIO~ ARAPAHOE COl""'.\TY NOVE'.\-IBER 2, 1999 (Election and TABOR '.'i'otice) .. This Intergo\·ernmental Agreement is entered into by anc between !he Board of County Corrunissioners of the County of . .\.rc:pahoe. State of Color:;.do and Lfie . .\:a;::a.':o e County Clerk and Recorder (hereinafte: j ointiy :eferred to as :he ··Coun:y··) and the City of Englewood 'WHEREA.S, pursuant to the l:ni:-orm Elec tion C od e of 1992. as a:::.en d ed , gove:nmenul entities are encouraged to cooperate and consolidate elec:ions in order to reduce taxpayer expe::ises ; and \.\ l-iJ:RE_.\S. the County and the Cit v of Enc 1 ewood han: determined that it is in the best interest of the taxpayers a.,d tl:e electors to conduc: a Coordinated Election on :--o\·ember 2. 19 99; and \VHEREAS. the Mai Ballot E le:tion Act (,\rticle 7.5 of T itle l , CRS ) peroits the use of mail ballot for certain elections; and WHERE . .\S, the Colorado Const:rution, Article X, Se::tion 20, (the Ta.xpaye:·s Bill of Rights Amendment or ''TABOR Amendment") requires the produc:ion of a mailed notice ("TABOR :-.iotice ") concerning certain ballot issues that '-"ill be submined to the electors of the County and the --'c=i.:t.v-"0-=f'--"'E""n*"g ... 1..,e .. w""o'"'o""d--,.,-----; and ' ' E X E I B I T 1 • • I ) ' I • 0 2X - • ) • • .. • --• ' ./ ' . .. • •• ' VlHERE.\S. the T.-\BOR ).latices of several jurisdictions are to be se::it as a package where jurisdictions overlap : and WHEREAS , there should be county-wide coordination of the produc ti on and mailing of the TABOR >iotice package to effectuate the purposes of said constitutional section ; and WHEREAS , the County and the City of Enalewood desire to set forth their respective responsibi i.iti es for the coordinated election and for t.'fie prod .ic tion and mailing of the TABOR :,..iotice package pursuant to the Intergo,·ernmentai _.\greerr.e::i t. !\OW, THEREFORE. IT IS .\GRE~D by th e Cot!..-:,y ar.c th e -'C=-1=-· .:t.,_y-=o-=f-=E:.:;n,.:::g1.:l:.::e:.:w:.::o::.:o::.:d=-----as :o!Jows : 1. The ';liovember 2. 1999. ele:::ion stall be cond uc:ed as a co orci:-.ated rn a:l ball ot election in ac::ordance ,,ith ::.i.e l"rj:orrn E:ect io c Code of 199 2 l . .\nicles 1-.3 of Title 1, CRS) and TABOR . .\me:id.-nen t. The ele::tion partic:pants sha ll be required to exec ute agreeme::its wi:.1 Arapaho e County for this pu.-pose a::d may include munic ipa li ties within the A:apanoe Counry limits: schoo l distric ts \vithin the Arapahoe County limi ts anc special distric:s -..ithin the . .\:apahoe County limits and the State of Colorado . 2. The ~ovember 2, 1999, election shall be conducted as a mail ballot ele::tion by the County -..ith the use ofballots and electronic vote-counting equipment. 3. The Arapahoe County Clerk and Re::order shall be designated as the Coordinated Election Official and the City of Englewood hereby identifies ..:t::ch:.::e;....:C:.::i:..:t:..v;......;C=-1=-e=r,.,k _________ .as it's Designated Election Official . 2 . .. >' .. ' ~ · .. ) I • 0 • .. • f ...... • • ... 4. The Counry shall perform the follov.ing task.; in relation to said election. to v.it : a. Negotiate an agreeme:1t v.i th Sequoia Pac ific Sy stems Corporati on for the printing of the official ballots. b . Provide a copy of the ballot layout and the text of the official ballot to the Designated Elec:ion Official for proofreading before authorization to begin printing of all ballots. c . Certify the complete m:mbe:: of registered electors \,i thin the . .\rapahoe County portion of the city of Enq l ewooc Oc tober .3 . 1999. no late r than d . Provide support on the date of the eie::tion b y tele;:,hon e and ir. pe ::s or:. should the need ar:se , u:::il :ounting of:ne ballot, is com pleted. e. Provide unofficial res'.ll t;; of the elec tion on election night b y telephone or by facsimile transmittal upon :-equest. f Maintain a list of acrual vote:; from the '.\ovember 2. 1999. election. am:. upon request. ge:i.erate a printed lis t o f the persons who voted following the election. The cost will be S.005 ( :: cent ) pe:: name . g . Determine the "least cost'· method for mailing the TABOR :t-.:orice package. :Kothmg her::n shall preclude the Counry from sending the TABOR Notice or notice package to persons other than electors of the City of Englewood if such transmittal arises from the County's efforts to mail the TABOR Notice package at the "least cost''. 3 ' ... I' • I .. • 0 . ]- • • ~ --• ,· '·~ .. ,, .. . • -' .... h. Include the _..:C:..:i:...t;;.,y.__o:...;..f_E~n.::g_l..:e_w..:o..:o..:d:;._ __ text, as wrinen and in the order submined, in ac::ordance v..ith the TABOR Amendme:it requirements for the TABOR :'.'lotice requirements for the TABOR ~otice. i. Store all voted ballots for a minimum of 6 months. and all other mate:ials required by Jaw to be saved in such a manner that they may be accessed by the participating jurisdiction. if necessary , to reso!Ye a.'ly challeng! or other legal questions that migh t arise regarding the elec tion . j . The County shall keep a care:ul and ac::urate accou.'lting of ri::Je. supplies . printing co sts a.'ld sala.ri es arrribut:ibie to the County's ac...,.inistrat ion of the elmion fo r the j urisdic:ion . Th e participati::g jurisdicrio:i.s proportional share of actual costs shal l be based on Coun ty expenditures relative to the ~ove:nber 2. 1999 , elec tio n, including prorate d share of TABOR :\'otice. k . Appoint. compe:isate. instruc: and ove:see the Board of (anYassers. 1. Appoint. compensate, instruc , and oversee the Judges of Electi on. m . No later than 20 days prio r to the election, proYide the partic ipating jurisdiction no Jess than I O sets of each "tes, deck .. o f the jurisdiction· s ballot styl e(s) to allow for testing of electronic vote counting equipment. n . Enforce Fair Campaign Practices Act (Article 45 of Title 1, CRS ) as it relates to the November 2, 1999 election . o . Pro\-ide and operated the County's electronic vote counting equipment. There will be no charge for the pre-election preventative maintenance on the electronic vote counting equipment for this election cycle. 4 .. • I . ' . I • 0 2X ..... • • • ,---------------------~~~-~----- • ,. .. ,., ,/ .. • •• 5. The __ C=i...:;t .... v__.;:oc.af;.....:E::..::n.;.;g...;l=-'e=-w;.;..o=.o=d ________ shall perform the follO\\ing tasks in relation to said election. to v.it: a. Certify the list of c:mdidates , ballot issues and'or ballot questions of each ballot issue or question on a diskene in ~licrosoft \Verd 9 7 format along 'l\<i th a paper copy of the ballot content no later than 4:00pm on September 8, 1999 . The ballot conte::i.t must be certified in the order in which it "wii! appear on the ballot. The certified list of ca.T1didat es. ballot issues and or ballot questions shall be final and the C ounr.· 'wi ll not be resnonsi'Ji e for ma.~:nS? an\' chanS?es after the cer.:ificario n . b . Within one day of receipt. proofread the layout and the tex: ci ~e ju.risdictions portion of the ofiic:al ballots before authorizi::i.g the pn.1,:i :1g of all ballots . c . The city of Englewood is to publish all required legal notices for the jurisdictions candidates and ballot questions. including :ne notice that is required by CRS 1-5 -:05, t.lJ.at is pub li shed no later tha.'1 20 days before the election. October 13. 1999. which covers all pe::tine:1t information required b y statute. A copy of such published legal notice shall be submined to the County for its records . d. Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for testing the electronic vote counting equipment, no later than October 20, 1999 . e. Remit payment directly to Arapahoe County within 60 days of billing for its prorated share of all costs relating to the printing and mailing of ballots, s ., ' • I . ' . ) I • 0 32 - • • .. • --• .. · ...... .. • .. •• .. .... .. and all other election expenses described in Section 4 G,k.l). The curr:nt estimate of costs is S.65 per ballot, to be shared by all participar..ng jurisdictions. f. Comply v.ith the pro"isions of the l"niform Election Code of 1992 (Articles 1-13 of Title l , CRS), and the time guidelines schedule as attached hereto as these relate to the ~ovember :?. 1999 election . The City of Enalewood shall notify th: County of any exception ::io late:-than 29 days prior to the ele::tion. g. The process oi re:::i,·i..,g \\-:-;nen comme:-its a.'ld s u."!ll1larizin g s-.ch comments. as rcqwr:c by Se::tio n 20 of .~.rticle X o f the Col orado Constitution is the so le respons ibility of the District . h. Recei"ing of petition represenrati ve·s summary of comments is the responsibility of the Dist:ict . i. The District shall certi:y a final and exact text and summary of comme:m conce:ning its ballot issues to the County. on diskene fonnaned in Microsoft Word 97 aiong with a paper copy of said documenL no later than 4:00pm on September 21 1999 for inclusion in the ballot issue mailing as required by Section 20 of Article X of the Colorado Constitution. The cemfied ten and summary of comments shaH be final and the Counw will not be responsfole for making anv changes after the certification • j. The City of Englewood shall defend and resolve at its sole expense all challenges relative to the candidates, ballot 6 '• ) I • 0 • • • ---• ,-! .. .,_ ,. .. • • ' ... issues and/or ballot questions as certified to the Cowity for inclusion in the November 2 , 1999 Coordinated Election. k. Submit to the County a copy of the participating jurisdiction map \\1th the list of county precincts, which correspond to me County no later than Juiy 27, 1999. I. Remit payment to the County \\ithin 60 days of b ill ing for tl:e prorated cost of the preparation and mailing of the T . .\BOR ~otice package. m. Order and deliver a ceni5ed copy of the pro perty owne:·s list for d:e __:C:..:1.:..· t:..Y.._:::.o..:f:.......<E,,_,n'=-g=l-"'e"'w"'o"'o..,d,__ _____ . i:· cie:::i ed app li cab · e 1. n. Deliver all requests for abse::ne: ballots to th e County for proc ess ing. Such requests shall be de iiY e::d or fa,:c dai1': to the Arapahoe County Clerk and Recorder. 6. The City of Englewood avers that it has suffic:e:n fu::ds 7. aYail able in its approved budget to pay its prontec: elec:ion expenses for the :-.:ove:r.":le: 2, 1999 Coordinated Election . l"nless otherwise agreed in \\Tit.mg, this Intergove :wne::i.tal Agre::nent and the interpretation thereof shall be governed by the laws of the State of Colorado . 8. Should any provision of this Intergovernmental Agreement be determined by a cou.--r of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parries hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect. i '· .. ~ . . • . . I • 0 . ]- • • • • • .. .. 9. Notices to be pro"ided under this Intergovernmental Agreement shall be giv en in writing either by hand delivery or deposit in the United States mail. certified mail , rcrurn receipt requested, with sufficient postage, to the following persons: Donetta Davidson Arapahoe County Clerk and Recorder 5334 South Prince St. Littleton. Colorado 80166-0211 10. This Intergovernmental Agreement may not be modified, amended or otherwi se altered unless mutually agreed upon in writing by the panics hereto. 11. Attachments: rne attachments on the following page(s) are a pan of this agreement. 8 ' .. ,,,_. .. • ., I· 0 32X .. .. .. • -.. ... • . ' . ' . .. ... DATE : ------- AR.AP .IBOE COL"NTY BOARD OF COUNTY CO~CvlISSIO~"'ERS Steve Ward, ChairpeISOn ATTEST : ARAP .IBOE COL"NTY CLERK A.'111) RECORDER Donetta Davi dson, Coordinated E lection Official DATE : ------- JCRISDICTIOt,. K~'.!E : _______________ _ By: _______________________ _ Title : _______________________ _ I . 0 9 32X ·.]- • .. --• • •• FOR COORD~ATED MAIL BALLOT ELECTION AR.\PAHOE COll\lTY NOVE:\tBER 2, 1999 (SCHOOL DISTRICTS mn. Y) .. .... The County shall penorm the following task.; in addir:on and ~e:ation :o said e:ection : All aspects of the petition process, distribution to and collec::on irom cmdidates. and the verification of signan1res . 1. Pro"ide candidate packets which include: Candidate information (guidelines) Petitions Fair Campaign Practices Act forms 2 . V er..fy candidate petitions, issue the !enc: of su6c:enc y to candidates and to the desi gnated election official of the schoo l dismct. 3 . Wor'.:. in conjunction "-ith the school districts on 1!1 pro tests of sufficie::ic y or insufficiency. 10 ' .. , .. .. .. I . I I I l 0 32X • • • ORDINANCE NO , SERIES OF 1999 •·.,, .. ~ ,.,.-. • • • BY AUTHORITY A Bill.FOR .. ' COUNCIL BILL NO , 37 I NTRODUCED BY COC:\'CIL MEMBER~~~~~~ AN ORDINANCE A.MENDING TITLE 12 . CHAPTER lB . SECTION 10 . OF THE ENGLEWOOD ~UNICIPAL CO DE 1985. PERTAlNl~G TO FIRE HYDRA~TS , WHEREAS , in t he past problems ha ve a n se n due to una uthorized persons taki ng water fr om fire hydra nts: a nd WHEREAS . there h ave been damages re ultmg fr om using imp r ope r co nnectio ns and fittings, as well as revenue lost fr om un co ll ected fees : a nd WHEREAS , the propo se d Ordinance will p r ohibi t fi r e hydrant use except by permits issued by the City ; and WHEREAS , the permits would be 1s ued to co mpanies or individuals that a r e a ble to demonstrate knowledge of pr ope r hydrant ope r a ti on : and WHEREAS, the pe rmit will allow the water to be taken through a meter at a designated h ydrant usin g a ba ckfl ow assembly ; a nd WHEREAS , the Englewood Wa te r a nd Se we r Boa rd re n ewed t hi s iss ue at the ir meeting in October, 1998 a nd r eco mm e nd Co un cil approval : NOW, THEREFORE, BE IT ORDAJ NED BY THE CITY COC :\'CIL OF THE CITY OF ENGLEWOOD , COLO RAD O , AS FOLLOW S : Sectjon l. The City Cou ncil of t he City of Engl ewood , Color ado he r e by amends Title 12 , Chapter lB, Section 10 , of the Englewood Mumc1p a l Co de 1985 , to r ead as fo ll ows: 12-18-10: CONNECTIONS TO FIRE HYDRANTS: ~le ee ftft eet1e ft s hell lie !!!see te sft~ Me h~tHBftt CONNECTIO N TO FIRE HYDRANTS I N THE CITY OF ENGLEWOOD SHALL BE PROHIBITED except by a n e mpl oyee of the City fo r Municipal purposes OR BY AN OFFICIAL OF ANY FIRE DEPARTMENT OR DISTRI CT FOR FIRE S UPPRESSION OR EMERGE NCY P RPOSES . !phe-Di:r eeter ef Util!ties THE CITY MANAGER or~ desi gn ee may a uthor ize , BY A PER:'vIIT , exception s when nec essary to meet emergencies OR WHEN A COMPANY OR PRIVATE INDIVIDUAL , WHO IS ABLE TO DEMO NS TRATE THE POS SESS IO N OF PROPER EQUIPMENT AND KNOWLEDGE OF HYDRA NT OPERATION , REQ UIRES THE TEMPORARY USE OF LARGE AMO UNTS OF WATER. WATER SHALL BE TAKEN FROM THE HYDRANT THROUGH A METER WITH A BACKFLOW ASSEMBLY AND FLOW ADJUSTING VALVE TO BE SUPPLIED BY THE APPLICANT. WATER MAY BE TAKEN ONLY FROM THOSE HYDRANT (S) WHICH THE CITY SHALL APPROVE OR DESIGNATE . THE APPLICANT SHALL PAY A DAMAGE DEPOSIT ESTABLISHED BY THE CITY , A PERMIT FEE FOR USE OF THE HYDRANT, THE MINIMUM CHARGE FOR TEN THOUSAND -I - • ' ' ~ I • 0 ·.]- e r • .. -• t• . ~ . . .. ,. _ ....... • •• .. COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance Change for Fire July 6, 1999 10 a ii Hydrant Permit Initiated By Utilities Department I Staff Source Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 13 , 1998 meeting , recommended Council approval of the ordinance change 12-16-10: Connections to Fire Hydrants . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Problems have arisen in the past due to unauthorized persons taking water from fire hydrants . There have been damages resulting from using improper connections and fittings , plus revenue has been lost from uncollected fees . The proposed ordinance change would prohibit fire hydrant use except by a permit. Permits would be issued to companies or individuals that are able to demonstrate knowledge of proper hydrant operation . Water shall be taken through a meter at a designated hydrant using a backflow assembly. FINANCIAL IMPACT Applicant shall pay a damage deposit, a permit fee for use of the hydrant and a minimum charge for 10,000 gallons of water at the current rate . UST OF ATTACHMENTS Proposed Ordinance 12-1 B-1 O ., '· I . 32X - • p --• 1 ../ i.,[f.. ·, .. • . ·· . .. ... ' • • ' ... ~ GALLONS OF WATER (10 ,000), AND THE CURRENT PER THOUSAND GALLON CHARGE FOR ANY AMOUNT OF WATER TAKEN OVER TEN THOUSAND GALLONS . Section 2. Safety Clauses The City Council, hereby find s . 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 hea lth 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. Severabj)jty If any clause, se ntence, 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 s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Sectjon 8. ~-The Penalty Provision ofE.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 6th day of July , 1999. Published as a Bill for an Ordinance on the 9th day of July , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -2- ... ' .. • I I • 0 32X . ]- .. • • ·:.·.·- • ., ' 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 6th day of July, 1999. Loucrishia A . Ellis -3- .. J . ' . I • 0 32X - l ,,. ORDINANCE NO ._ SERIES OF 1999 .. ;., ...... ·~ .. .. • .,,-- • t l .. • - BY AUTHORITY A BILL FOR ' COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY . WHEREAS, Arapahoe County has signed a Quit Claim Deed in favor of the City of Englewood for a piece of property located approximately adjacent to the South of 3596 South Bannock and adjoining City Ditch ; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Quit Claim Deed from Arapahoe County at the May 12 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The Quit Claim Deed for a piece of property located approximately adjacent to the South of 3596 South Bannock and adjoining City Ditch from Arapahoe County to the City of Englewood, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council . Introduced, read in full, and passed on first reading on the 6th day of July, 1999. Published as a Bill for an Ordinance on the 9th day of July 1999 . Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -1- • ' . , . ,. \ .. .. I • 0 - • • .. • ./ .. .. · ...... • •• ' " COUNCIL COMMUNICATION Date Agenda Item Subject Quit Claim Deed from Arapahoe County for City Ditch July 6, 1999 10 a iii Gate Initiated By Utilities Department I Staff Source Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 12, 1998 meeting, recommended Council approval of the Quit Claim Deed from Arapahoe County for a City Ditch gate adjacent to 3596 S. Bannock St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Utilities Department requested a quit claim deed from Arapahoe County to acquire a small triangle of land that is between 3596 S . Bannock St and the City Ditch. Acquisition of this small parcel would permit a gate to be installed to discourage use as a thoroughfare but control access and admit grass mowing equipment. The adjacent owner was notified by certified mail as a consideration to coordinate landscaping plans and construction, but no reply was forthcoming. FINANCIAL IMPACT Ten Dollars payable to Arapahoe County. UST OF ATTACHMENTS Proposed Bill for Ordinance Quit Claim Deed '· ., ,, . ', ... I . 0 - • .. • .. • •• .. ... ,, I , Loucrisbia A. Ellis, City Clerk of the City of Englewood. Colorado , he reby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduce d , read in full, and passed on first reading on the 6th day of July, 1999. Loucrishia A. Ellis -2· "· .,, . ' ) I • 0 • • .. • ,,.-. • ; .. ·~ • -... __ • __ .. lh."c.:1•11\n!;,1 _____ ,.d .. ,.l. ___ .i . ---------- /~,c~1t'n_N~ ·----------Rl"Ct•1tlcr V UIT t:L/\11\I L>E E U TIIIS UE E U. M.-k tlm . '"9 8. I\MPI\IIOE COU N'l'Y COLOMOO 5334 South Prince Str,,et Littlelo 11 , Co l orado H0166-0001 'L'c111111~ "' Arapahoe :sn<l S 1u1l· ,,f .. .... 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COUNCIL BILL NO . 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING 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 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 this location ; and WHEREAS, West Jefferson Avenue has a total right-of-way width of 50 feet along this half-block portion of West Jefferson Avenue ; and WHEREAS, this portion of West Jefferson Avenue serves only to provide access 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 ofthis 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 10 bi ) I • 0 • • • .. • • . , .. ... .. 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. Read by title and passed on final reading on the 6th day of July, 1999 . Published by title as Ordinance No ._, Series of 1999, on the 9th day of July, 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 the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999 . Loucrishia A. Ellis -2- ' . ,,. ', . ' .. •, . ) I • 0 - • t • ITMAC,l .1 ~--------' .. ~ ------- f ~ -·------- i,1-·-------- ft------_ 1&----~-----, C ·-------~r.-:~.-.-.~~: -' \.-------- '4iL--------- ~ ~--------. ... "' i~ ~L:=.3 1 ~---N--~ ,J:..,,.a· --- ri=~=~:~ d L--.,.---~ ~ ·------;. , ·-7.:--- j . ---.-. -jj • ... "' ./ r--------,. ___ ----- KENYON -;.-· ; r-:1 .-----: r:.=l ' ... ~ •. -. LEHIGH ,-: "' " .. @> - .. '"' ... "' ~ --· • • • .. ~-------~·J r-----~.J Proposed ('! f-··----t~ ~----·;j -• • s,' Vaaltion , C ____ f,l_ ------~ ~r:-... ~-~~ !_ ___ ~ ....... , ,,,,,,,, L :n I . ' .. I l---.--l ;µ'~ I I I~ ·r.:· • ;./j~ ~• ~ • ...... ,..,;-.' .. ~ " ... ,.,= -~ I @ •,a ~ ----"'' i .. . ·=-----~ 21 €> Jj, , •• -~b~-f;---~--, -'-~ l -:..:..·---,r. •··--· .J ! Eri::: r ·-·-, -.... ..., 15 QOI .:.C ---.;-.;..;~, ·-:...---·-.:.,1 -/ ···u ) a ' '-'I I ai:, --. -ar · ;-:]. ---.... i,J -I .:__J-\ow .j ~.. Jo t,. _____ ~:.:_ ~--~-.. ·~i .. 1• 11 I -II • -----;, i ~ t~~=-j i f ~~~~~~ t~~~~ i .. .. •, .. . , ... AV !:: ' " .., --· ~ t ---i, 0 z z C Ill I • 0 AV(. • • • .. • / .. !' , •• . . . • - ... BY AUTHORITY OaDINANCE NO._ SERIES OF 1999 COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, SECTIONS 11 AND 12 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO WOODSTOVES. WHEREAS , the Englewood City Council adopted the current Englewood Municipal Code by the passage of Ordinances No. 31 and No . 39, Series of 1992 ; and WHEREAS, the current EMC prohibits the installation of woodstoves in all new and existing construction; and WHEREAS , woodstoves have improved greatly in the area of pollution output with stricter emission standards that have been determined by the State of Colorado and the EPA; and WHEREAS , the adoption of the proposed ordinance the Englewood Municipal Code will allow the installation of woodstoves in new and existing construction that have been tested, certified and labeled for emission performance in accordance with Colorado Phase III/EPA Phase II standards; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 6 , Chapter 1. Section 11 , of the Englewood Municipal Code , to read as follows : 6-1-11 : WOOD BURNING AND SOLID FUEL-FIRED HEATING DEVICES : A. Definitions. As used in this Section the following terms shall have the meanings as indicated : BARBECUE DEVICES : COLORADO PHASE III AND EPA PHASE II 8MISSIQ~IS STMIDARDS: Devices that are utilized solely for the purpose of cooking food . ~miasiefta 11. hteh eeatala Mt mere dt&ft eight (8) grams per helll' ef parliettlaff)S ana net mere Yta11 e11e h-area (199) grams per hettr efearhe11 me11e!tilie . 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 .. 10bii I • 0 • • -• ... ,, 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 !ugh pollution day by the Colorado Depar t ment of Health. An indi";dual, pa rtners hip , corporation , company or other association . One or more re side ntial solid fuel-fired heating device s which constitute the onl y so urce of heat in a private re sid en ce for th e purpose of space heating. A re si dential so lid fuel-fired heating device or de vices sh a ll be co nsidered to be the sole so urce of heat if t h e private re siden ce is equipp ed with a permanently installed furnace or heating system , designed to heat the resi de nc e, but is di sco nnected from its e ne rgy so urce. e .g., heating oil . natur a l gas. e le ctri city or prop a n e . An y co mbustible s ubstan ce or material. including but not limited to wood , coa l a nd paper, so that u sable hea t is derived for the interior of a building. A device designed for solid fuel combustion so that usable heat is derive d for the interior of a building, and includes solid fuel -fired stoves. ti.replaces , solid fuel-fired cooking stoves and combination fuel furnaces or boilers which burn solid fuel. Solid fuel-fired heating device s 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 so lid fuel-fired heating device during a high pollution day unless an exemption has been granted pursuant to subsection C below . It s hall be the duty of all persons owning or operating a solid fuel-fired device to be a wa r e of any declaration of a high pollution day by the Co lorado 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 fire s in so lid fuel-burning devices prior to the initiation of enforcement. C. 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-ti.red 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 • '. ,. '. .. --· • • •• ' a . A person may demonstrate economic need by certifying his or her eligibility for energy assistance according to economic guidelines established by the U nited 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 fu e l-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 c harge of burning on a !ugh 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 beating devices which are being operated on high pollution days. If any person refuses or restricts entry and free access to any part of a premises, or refuses inspection or sampling of any device , facility or process 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. l. Any person violating any provision of this Section shall be punis hed 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. Sectjon 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. Aa uaed in this Section, the following terms shall have the meanings as indicated: -3- • • I • 0 32 ---~- • • • .. .. ~· • • .. • -' SOLID FUEL BURNING DEVICE: Any fireplace . stove. firebox or s imilar device designed or used for the purpose of burning wood . coal , pulp , paper, or other so lid combustible material s pecifically excluding pellets . Any device which meets the requirements for burning solid fuel such as chimney diameter or co nstruct10 n under the applicable provisions of the Uniform Building Code and/or Uniform Plumbing Code. and/or Uniform Mechanical Code, as in force in the City of Englewood shall be presumed to be designed for burning so lid combustible material. Solid fuel burning devices shall not include solid fuel barbec ue de,.;ce s or appliances. FIREPLACE: A hearth . fire cham her or similarly prepared place, and a chimney . APPROVED APPLIANCE: Any gaseous fueled applia nce designed for and installed in a solid fu el burning device . Gaseous fuel s include natural gas and liquefied petroleum s . APPROVED SOLID FUEL BURNING DEVICE: A solid fuel burning device which has been certified to meet the Colorado Department of Health's Phase III Emission Standards or EPA Phase II Standards for Woodstoves and Fireplace Inserts. PERSON: An individual, partnership , corporation, company or other association. B. Prohibition on New Solid Fuel Burning Devices . Excep t as provided in subsection 6-l-12C . No person shall install a solid fuel burning device in any structure or building for which a building permit is issued UNLESS SUCH DEVICE IS CERTIFIED AS A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE. This prohibition applies to existing dwellings as well as new construction. C. Pre-Existing Solid Fuel Burning Devices . Any so lid fuel burning device may be either retrofitted .. ith 11ft 11ppre,ed 11ppli11nee or replaced with !lft epp1s,ed ssltd fttel btt1Ml'lg deliee 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 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 sole source 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 has 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 a s 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 ~ as to current air quality and progress in the industry in development of cleaner burning solid fuel devices. to assist the City Council in determining whether certain solid fuel burning devices should be permitted in new construction. Section 3. Safety Clauses The City Council, hereby finds , determines . a nd 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 legi s lative object sought to be obtained. Section 4. Severabilitv If any clause, sentence, paragraph. or part of th is Ordinance or the application thereof to any person or circumstances shall for a ny reason be adjudged by a court of competent jurisdiction invalid, such judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application t o other persons or circumstances. Section 5 Inconsistent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 . Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well a s 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 7. ~. 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 • .. • .. • •• ' ... Published as a Bill for an Ordinance on the 25th day of June , 1999. Read by title and passed on final reading on the 6th day of July. 1999. Published by title as Ordinance No .~ Series of 1999, on the 9th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia 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. Loucriahia A. Ellis -6- ' ' , . '• I ., • 0 32 • • ./ .. ......... • •• .. .... Date Agenda Item July 6, 1999 10c I Initiated By Staff Source Utilities Department Stewart H . Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board policy regard ing an equitable method of computing taps for hotels was established at the August 13 , 1996 meeting . RECOMMENDED ACTION ~ Council approval t,y malon., .. .._.. Tap Agreement from ~s, ln'c . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In August of 1996, the Water Board was approached by D~to establish a policy for setting sewer tap fees for hotels. The resulting Water Board policy bases sewer taps fees for hotels on a per day, per unit usage . Drury~ Inc. is building a hotel in the Southgate Sanitation District near the Park Meadows Mall. and is reqGesti~g to use th is policy standard for tap fees . As a result , D~ns has subm itted a Sewer Tap Agreement for Council approval. FINANCIAL IMPACT The proposed agreement would set the sewer tap fees at half the standard fee , with no additional tap fees to be collected unless the water usage exceeds the agreed upon limit of 100 gallons per unit , per day. UST OF ATTACHMENTS Sewe, Tap Ag-from D71no. ,. ' '> ' -,, ) I . 0 • • 0 -• .. I> --· • ,. · .. ... ... • -' HOTEL SEWER TAP AGREDIENT THIS .-l,.GREEMDJT , is made the __ day of , 1999, between the CITY OF E:s!GLEWOOD whose address 1s 3400 South Elati Street, Engl ewood . Colorado 80110, (hereinafter City); and the BASS RESOlllCES . I:--iC .. a Delaware Corooration. whose address is Three Ravinia Drive, Suite 2900 , .-l,.tlanta . Geo rgia 30346 , (hereinafter Bass Resources). WHEREAS . Bass Reso urces requested a reduc:ion in sewer tap fees because they believe their H otel's water usage is less per unit than a single -fam ily equivalent. The subject Hotel is located .-l,.cres Green and Park :'v!eadows Drive , also known as i820 P a rk :'v!eadows Drive. Lone Tree. Colorado . WHEREAS , the standard tap fee 1s based on a normal :low of two hundred (200) gallons per day and Bass Res ources . Inc . est1mates that the ?.r per u:-..lt flow 1s no :n ore than one hundred (100) g3lJ ons per day. :S:OW THEREFORE the Parties ag::-ee as foll ows · l. The Cit:: will sell Bass Res our es se wer tap5 :or its l-i c :e i uruts a t J ne h:ilf the st:indard sewer char ge. based on the1r esmn ate of no ::i ore ch:in 10 0 g:i!l on s per d:iy per occup ie d urut re:il flow . T P..!S is a mmi:num ~h:irg ': a:i.d m :i.o e•:er.t will the base t ap fee be less than one-half \112) the standarci ;ewe:· ~:1a rge . 2 . The initial t:ip payment to the City by Bass Reso urce.: w:l! be $80,500.00 . for Englewood tap fees: $12.50, for the permit, and :i Big Jr:: Creek bte r ceptor Basin Charge of S5 ,i50 .0 0 . for a t otal of 586 ,265 .50 3 . Bass Resources . Inc . will issue an rrre\'ocab e , st:md -oy :et:er of c::-eci.1t in the amount of $86.265.00 . which will be used for any addmonal tap :ees. Thi s le :er of credit will be held by the City fo r tap fees as required pursuant t o d ·..:s .-l,.g::-ee :n ent. 4 . The City will morutor winter (:\ov em be r 1 t hrough .-l,.pril 30 ). b1-mor.thly ·.vater usage at the Hotel during a five (5) ye :ir penod. Dur:ng that t1me. Bass Res ources will m onitor water consumption on a daily basis. Ba ss Res ources will furnish the City with a report on daily water consumption and the number of rooms occupied on the corresponding d ays . They will submit the report to the City on a monthly basis . 5 . If at any time during t he fi ve (5) year penod, the daily ?er occupied urut co ns umptio n goes over one-hundred (100) gallons per day, Bass Resources will pay the additional tap fee owed. If the fee is not paid wi thin sixty (60) da,ys, the City will make periodic draws on Bass Resources letter of credit to pay to the City additional sewer tap fees b ased on the amount of flow in excess of one hundred (1 00) gallons per day as billed by the City of E ng!ew ood. If Bass Resources da ily , per occupied unit usage is less than one !lundred (100) g:illons per day, the City will not owe Bass Resources any refund . RECEIVED RECEIV~D JUN O 2 1999 MAY 2 5 1999 W~lS • MPL.S WEIS-MPLS • ' . • I I .. • 0 - • t. • • .. ,-~----------------------- .. . .. . .. • • •• .. .... 6. Additional sewer tap fees will be co mputed on the basis of t wo hundred (200) gallons per day being equal to a tap fee of Sl.500.00. As an example , if the usage goes over one hundred (100) gallons per day by five (5) gallons per day , then five (5) gallons per day is two and one-half percent (2 1/2%) of the two hundred (200) gallons per day. two and one-half percent (2 1/2 %) of one thousand fi,·e hundred doll ars (S l.500) 1s durty- seven dollars and fifty cents (S37 .50) t:mes one hundred and fifteen (115) hotel units is four thousand three hundred and tweive d ollars and fifty cents (S-..3 12 .50) m addit ional sewer tap fees. The higher amount , in this example the 105 gallons per day per unit. will become the new base line for t ap fees . Once the baseline reaches 200 gallons per day, per residential unit, the maxi.mum tap fee w1ll be owed. In no event shall the total tap fees exce ed one maxi.mum tap fee per ur,jt . 7 . P.owever. should additional units be added to the proJec : ::it :m y t:m e . the ta p fees shall be inc r eased by the number of additional umts . If the units are added after the five (5 ) year period descr i bed m paragraph 5 above . or aft er a fina l base line fo r tap fees has been reached . the tap fe:s for the ne\\· u::its w11! be t:ie ,a me as t he fina . tap fees for the original units. 8 . ..-\.n.y accidental discharge of ::iete!·ed w·ater of an ~r:usual anci non-rec :irr:ng nature whe re the City is notified within 2-4 h ours of disc:iarge and Bass Resources p r ovides d oc umentation of the :1ature and ex:en, of the disc:iarge :n ay be e):ciuded :re m the calculation of the tap fees. The fillin g cf a ,wi:n::i ing pool will :1 ot be co n sidered an accidental discharge under tlus paragraph. 9 . At the end of five (5) y ears or on the dace on wluch Bas s Re so urces has paid the additional sewer tap fees associ ated with an increase in the baseline fo r tap fees to 20 0 gallons per day per unit, wluchever eve nt .shall occur fi r st. the lette r of redit m ay be withdrawn and the City will n o lo r:ger moni:or water usage ex ep, :o r normal. annual sewer billing purposes . 10 . Any additio nal tap fees paid pursuant o this a g!'eem e nt are tap fees or: y and shall n ot be considered sewer tre atment charges . A.,y :noney owed :he Cay under tlus Agreement is a fee fo r the sewe r tap. 11. 12. 1 3. 14 . The City and/o r it's audi t o r m amtams the rig:n t o er:te, the property t o exa mine the wate r use records . the hote occ up a n c:; r ecords and to c:ieck wate, :ne te,· readings . Bass Reso urce s. Inc. gi ves the Cit:: the r:ght to disconnect the hotel fo r n o npayment of any tap fees or sewer t reatm ent iees due the City . This Agreement ahall not be assigned by any party wi thout t he prior wntten consent of the ot her and tlus agreement shall be bmdi ng on any successor s or assignees. Bass Re so urce s , I nc . confir:ns it has 115 units in this Hotel and agrees t hat it shall not a dd a ddit iona l hot el u nita to the City of Englewood's sewer sy stem withou t written a p prova l of the City. 2 • I • 0 . ]- • • • • ./ .. • -.. ... .. 15. An y notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Suc:i notice shall be deemed to have been given when depos ited in the United States ~ail. The notice shall be sent to : CITY OF ENGLEWOOD ATTN: Utilities Department 3400 South Elati Street Englewood, CO 80110 BASS RESOURCES , INC . ATTN : Tom Brettschnei der Three Ravinia Driv e -Suite 2900 Atlanta. GA 30346 16 . This Agreement represents the entire agreement between the Parties and there a re no oral or lateral agreements or understandings. This .\greement may be a mended only by an instrument, in writing, signed by the Parties. lf any provision is :ound to be void by a court of co mpetent jurisdiction, no other pro"ision shall be affected by suc:i h olding. All of the remaining provisions shall remain in full fo rce and effec:. 17 . A waiver by any party t o this Agreement or the breach of any ter:n or prov1s1 on of tius Agreement shall not operate or be construed as a wa1,·er of any s c:bseq uent breach by either party . 18 . The parties hereto warrant that the signatories be lo w ha,·e full and lawful authority to ex ecute tlus Agree ment on behalf of Bass Re sources and the Cit:: of Englew ood . Colo rado . 19 . The Parties agree that this agreement shall be recorded in the offic e of t he Arapahoe County Clerk and Re co rder. DI \\lT'.:1/ESS WHEREOF , the parties hereto have executed tlus .\gree me nt the day and year first written above . CITY OF ENGLEWOOD By:----------------- Thomas J . Burns. Mayor Da te:---------- ATTEST :------------ Loucrish ia A. Ellis . City Clerk 3 ., , . ', .. I • 0 .. • -• ' / .. .. • • ' ' ., By:~,&;..............,a~(.t/.;--'}~........_-~«i_ Tom Bret~ Date; :z:: ~ /y 9,9 Vice President of Real Estate STATE OF GEORGU FIU...Ti)l,i ) ss. CO UNTY OF !ll!H.d.E ) On this I ~-1-day of ~I )I k 1999, before me personally appeared Tom Brettschneider, known to me~ be the Vice President of Real Esta te for Bass Resources . Inc .. the corpora t ion that exe cuted the within and fo regoing :n strumen t . :ind acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentio ned . and on oath 5tated that he wo.s authorized to execu te said instrument. IN WIT~ESS WHEREOF, I ha ve hereunto set my hand a nd affixed my official seal the day and year first above written. ---------. ar:., ..... ~~.~ r llreiii, . .. NcMrnbar 11. 2002 My commission exj,ires : -------- RECE\\JEO JUN 02 '999 4 'tJr.\S _ t,J\f'LS ,. . "· .. ., . 0 I • 0 32 - • • .. -·· • ... ... • •• ... COUNCIL COMMUNICATION Date Agenda Item Subject Award of Contract for Concrete July 6, 1999 10c ii Utility 1999 Initiated By Department of Public Works I Staff Source Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No . 36 , Series 1997 creating a Concrete Utility and Concrete Utility Enterprise Fund (EMC Chapter 8, Title 12) on May 5, 1997. RECOMMENDED ACTION .-xo,,e, by motion, ..-rd of a construction contract for Concrete Utility 1999 to Thoutt Brothers ~ Ccnracbs, Inc. In the amount of $398,242.50. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section 11-30-1 of the Municipal Code makes it the responsibility of every property owner to maintain the concrete curbs, gutters, and sidewalks adjacent to their property. The City is responsible for maintaining all remaining concrete: retums, catch basins , crosspans , concrete alleys, and alley entrances. The Concrete Utility provides a sort of "concrete insurance" at a reasonable cost ($5 to $7 per quarter for a typical residential property) and a convenient way to pay (96% of the fees are collected with the water and sewer bills). The City contributes it's share of the fees just like any private owner. FINANCIAL IMPACT Concrete Utility 1999 is scheduled for construction during the summer and fall of 1999. Funding for the project in the amount of approximately $496,000 is available in the Concrete Utility Fund . Bids were opened for Concrete Utility 1998 on June 17, 1999. Plans and Specifications were obtained by three (4) contractors, and three (3) bids were received as follows : Thoutt Brothers $398,242.50 G.J. General Contractors $399 ,394.00 Concrete Works of Colorado, Inc. $407,210.00 The Engineer's estimate was $425,000.00. The anticipated 1999 Concrete Utility fund breakdown is as follows : Total funding available This Contract $398,242 .50 • $496,000.00 ., · . I . 0 - • t • ./ .......... Contingency for additional work (allowing full benefit of low bids) .. • • •• .. 26,757.50 Administrative/engineering/surveying/ 71,000.00 (14 .5% of total project) material testing and necessary appurtenances and incidentals associated with Concrete Utility. UST OF ATTACHMENTS Bid Tabulation Sheet $496,000.00 • , .. ., .. ', ... ... ' I . 0 32X - • .. • .. . · .. • •• CONCRETE UTILITY 1999 BID PROPOSAL TABULATION Bidder/Plan Holder ENGINEER'S ESTIMATE THOlm BROTHERS G.J . GENERAL CONTRACTORS CONCRETE WORKS OF COLO. Bids opened by Paul Kapaun. Opening witnessed by Betty Goosman . June 17, 1999 10:00 a .m . BaNBld $425.000.00 $398.242.50 $399.394.00 $407.210.00 Bond ., .. ,: .. • • ... .. 0 Remarks I . 0 32X - • .. ~ ,,,...... • . I-... .r •"·· • .. . . .. • -.. ... ... BY AUTHORITY ORDINANCE NO ._ SERIES OF 1999 COUNCIL BILL NO . 16 INTRODU~ BY COUNCIL MBMBER~Ae< A BILL FOR AN ORDINANCE RBPEAUNG TITLE 7, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO BURGLARY PREVENTION. WHEREAS , the issue of building security requirements, including doors and locking devices , is also currently addressed in Title 8 , Chapter 2A of the Uniform Building Code , as adopted ; and WHEREAS , the Uniform Building Code is coordinated with the Uniform Fire Code as adopted, so that the requirements are the same; and WHEREAS , this current Chapter is in conflict with both of those Codes as a dop te d : and WHEREAS , to avo id confusion and conflicting requirements, this Chapter s hould be repealed; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NC IL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the Englewood , Colorado , hereby repeals Chapter 4 of Title 7, of the Englewood Municipal Code 1985. Introduced, read in full , and passed on first reading on the 6th day of July, 1999 . Published as a Bill for an Ordinance on the 9th day of July, 1999. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucria.hia 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 6th day of July, 1999 . Loucriahia A. Ellis -1- ., ', .. ' .. . ) I • 0 32X - • .. • ,,,..... • .. • ' • -. COUNCIL COMMUNICATION Date Agenda Item Subject July 6, 1999 Repeal of Title 7 -4 , pertaining to 11 a 1 Burglary Prevention. Initiated By Staff Source Safety Services/Fire Marshal Ben Greene COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The repeal of Title 7 , Chapter 4 , will remove conflicting requirements and confusion between the Englewood Municipal Code and the Uniform Building Code and the Uniform Fire Code as adopted. RECOMMENDED ACTION The adoption of the proposed Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Title 7, Chapter 4, describes locking mechanism for business occupancies . The adopted Uniform Fire Code (UFC), Section 1207.3, also describes locking devices which are allowed in business occupancies. Unfortunately, if the busineBB owner complies with the requirements of the current Title 7 -4 of the Englewood Municipal Code , they are in violation of the Fire Code. Locking devices are designed for building security . These devices unfortunately can also keep people in. This prevents people, both coccupants and firefighters , from exiting buildings in case of an emergency . The devices as described within the UFC allow for safe exiting from buildings. Repeal of Title 7-4 , E .M.C. will alleviate confusion for the building owner. FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance ' . .. ) I • 0 32 • • • , .. ORDINANCE NO . _ SERIES OF 1999 . , ,. ----- • • - BY AUTHORITY A BILL FOR ------.. •. .. COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 . OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE ADOPTION OF Al'I AMENDED CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST. WHEREAS, this proposed Ordinance amends Title 3-6 , of the Englewood Municip al Code 1985 ; allows the amending of the Englewood :--l onemergency Retirement Plan to comply with State Statutes, and Federa l Guidelines and provides a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan: and WHEREAS, this proposed Ordinance provides plan participants the option of participating in a Deferred Retirement Option Plan (DROP); and NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood, Colorado he r e by authorizes amending Title 3, Chapter 6 , of the Englewood Municipal Code 1985 . adopting an amended City of Englewood NonEmergency Employee s Retirement Plan and Trust , which shall read as follows : CHAPTER6 CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLA:--1 AND TR UST AS AMENDED AND RESTATED EFFECTIVE JANUARY l ,-l-9W-1999 3-6-1 : PURPOSE : Effective as of January l ,-l-9W-1999, the City Council of the City adopted the amended and restated Plan, as set forth herein . to continue and replace the Plan previously in effect. The Plan and Retirement Fund are intended to meet the r equirements 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 sep8rate rel8tell 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 • • -• I• ... .. ,. • • • .. No part of the Retirement Fund can ever revert to the City except as heremafter provided. or be used for or diverted to purposes other than the exclusive benefit of the Employees of the City and their Beneficiaries. This amendment and restatement of the Plan shall not, many way , affect the nghts of former Employees who participated in said Plan and who either retired or otherwise terminated their employment prior to January 1. +99-l-1999. The rights , if any , of such former Employees and of their Beneficiaries and the amounts of their benefits, if any, shall continue to be governed by the provisions of the Plan as it was in effect on December 31 ,~ 1998, or the date , if earlier, of their retirement or termination of employment, unless specifically provided for otherwise herein . 3·6·2: DEFINITIONS AND CONSTRUCTION : 3-6-2-1: NAME: The retirement income plan as set forth in this document s hall be known a s the City of Englewood Nonemergency Employees Retirement Plan and Trus t 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 or Actuarially) Equivalent" means equality in value of the aggregate amounts expected to be received under different forms of payment based on interest rate and mortality assumptions as defined below unless otherwise specifically pro.,,;ded in the Plan: 1. Interest Rate Assumption for Alternative Periodic Benefits. 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 Assumption. On anll after Jan"ttar, l. 1986, the mertalit, aH'ttmptien fer ealettl.atien ahaH he a 'ttnisex rate that ia ftn, pereent (689') male, fitt, pereent (689') female, talten &em the 1971 Gre'ttp Ann'tti" Tahle, Prejeet,ell "' Seale 9 t,e 1976. -2- 0 I • 0 • • .. ,. ,,... . • • • a . EFFECTIVE Jl.iLY 1. 1999. THE MORTALITY ASSUMPTION FOR CALCULATION SHALL BE A UNISEX RATE THAT IS FIFTY PERCENT (50%) MALE . FIFTY PERCENT (50%) PERCENT FEMALE . TAKEN FROM THE 19 8 3 GRO U P ANNUITY MORTALITY TABLE. PRIOR TO Jl.iLY 1. 1999 . SUCH MORTALITY ASSUMPTION SHALL BE A U NISEX RATE THAT IS FIFTY PERCENT t50%) MALE . FIFTY PERCE:"llT (50%) FEMALE , TA.KEN FROM THE 1971 GRO UP A::-SN UITY MORTALITY TABLE . b . SOLELY FOR PURPOSES OF SECTION 3 -6 -16 . HEREOF, ON AND AFTER JANUARY 1, 1995 . THE !\10RTA.LITY ASS iMPTION FOR CALC UlATIO~ SHA.LL BE A C :\l S EX RATE THAT IS FIFTY PERCENT (50%) '.\1ALE . FIFTY PERCENT (50%) FEMALE , TAKEN FROM THE 19 83 GRO U P ANN IT'I" MORTALITY TABLE . D . "Beneficiary" means the pe r son or pe r so n s who a r e o d e_1gna t e d by t he Membe r . in the latest written n oti ce wluch the !\I m be r h a fil d with t h e Re tire ment Board . t o r e ceive any pa yme nt t o which a Be n e fi crn ry m ay beco me e ntitled under this Plan. E . "Board" or "Retirement Board" m ea n t h e Boa r d appo inted by t h e 1ty o un c1l and charged with the ge nera l ad.min.i stra u on of the Pl an a set fo rth in ec u on 3-6-11-1 hereof. F . "City" means the City of Englewood , State of Colo ra d o . G . "City Council" means the City Co uncil of t h e 1ty . H . "Code" OR "INTERNAL REVE. "E CODE" me ans t h In t e rn a l Re ve nu Code of 1986 26 USC (1986), as amende d from tim e to tim e. I. "Compensation" means the total cash r e mune r a ti on pa id t o a n Employe e fo r a calendar year by the City for personal sen,ce s as re po rted o n the Employee ' income tax withholding statement or state me nts (F orm W-2 . or its s ub seque nt equivalent), including longevity pay and e xcluding bo nuses, e xtra pay , compensation time , overtime, lump-s um payments in li e u of accrue d vaca tion time , sick leave, or personal leave , worker's compe n s ation and any contribution by the City under this Plan, or the like , but including any compensation that the Employee has elected to have deferred under Section 457 and Section 125 of the Internal Revenue Code . Effective Janua ry 1, 1989, the amount of a mMember's compensation for the purposes of the Plan during any Plan year shall not exceed two hundred thousand dollars ($200 ,000.00) s ubject 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 1. 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- " 0 ) I • • • -• -------.. ,. ,.-. • , . ... ,. •, • -' .. COMPENSATION LIMIT IS $150.000 . AS ADJ USTED BY THE COMMISSIONER FOR INCREASES IN THE COST OF LIVING IN ACCORDANCE WITH CODE SECTION 40l (a ) (17) (B). THE COST OF LIVING ADJUSTMENT I N EFFECT FOR A CALENDAR YEAR APPLIES TO ANY PERIOD , NOT EXCEEDING 12 MONTHS , OVER WHI CH COMPENSATION IS DETERMINED (DETERMINATION PERIOD) BEGINNING IN SUCH CALENDAR YEAR . IF A DETERMINATION PERIOD CONSISTS OF FEWER THAN 12 MONTHS , THE OBRA ·93 AN NU AL COMPENSATION LIMIT WILL BE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF MONTHS IN THE DETERMINATION PERIOD , AND THE DENOMINATOR OF WHICH rs 12 . A "NONELIGIBLE MEMBER" IS ANY MEMBER WHO FIRST BECA.i\>IE A MEMBER IN THE PLAN DURING A PLAN YEAR BEGINNING ON OR AFTER JANUARY 1, 1996 . EFFECTIVE JANUARY l , 1989, THRO UGH DECEMBER 3 1. 1996 , IN DETERMINING THE COMPENSATION OF A MEMBER FOR PCRPOS E S OF THIS LIMITATION , THE RULES OF CODE SE CTION -ll.J (q) (6), SHALL APPLY , EXCEPT IN APPLYING St;CH RULES. THE TERM 'FAMILY' SHALL INCLUDE ONLY THE SPO USE OF THE ME;v!BER AND ANY LINEAL DESCENDANTS OF THE MEMBER WHO HA \"E NOT ATTAINED AGE 19 BEFORE THE CLOSE OF THE YEAR. EFFECTIVE JANUARY 1, 1989 THROUGH DECEMBER 3 1, 1996. IF , AS A RES ULT OF THE APPLICATION OF SUCH RULES THE ADJ USTED ANNUAL COMPENSATION LIMITATION IS EXCEEDED THE~ THE LIMITATION SHALL BE PRORATED AMONG THE AFFECTED ll\'DIVID ALS IN PROPORTION TO EACH SUCH INDIVIDUAL'S CO'.\·IPENSATION AS DETERMINED UNDER THIS SUBSECTION 3-6-2-2 (I), OF THE ENGLEWOOD MUNICIPAL CODE PRIOR TO THE APPLICATION OF THIS LIMITATION . J. "Credited Service" means the period of Service rendered by an Employee a s a Member for which credit is allowed . K. "Disability" means a physical or mental condition which e ntitles the Member to receive a disability income under the long-term di sa bility in s urance contract maintained by the City . L. "Effective Date of this Plan" means Janua ry l . 1970 . This am e nd ed a nd re stated Plan is effective as of January 1, 1991. M. "Employee" means any person employed by the City on a permanent, full-time basis as defined in the City Personnel Policy and Procedures . For the purposes of this retirement plan. police officers , paid firefighter s and elected officials shall not be considered to be Employees . Effective January l, 1987 , included as employees are leas ed employee s within the meaning of Code Section 414 (n)(2) except that if such leased employees constitute less than twenty percent (20 %) of the nonhighly compens ated 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 - • • .. • , ' • -.. N. "Exempt Employee" means an Employee having one of the following titles as defined by City Personnel Policies and Procedures: City Manager, Assistant City Manager, any Department Head . Municipal Court Judge. City Attorney, and Assistant City Attorney. Effective January 1, 1988 , ''Exempt Employee" shall also include any managerial, supervisory or confidential employee as defined by City Perso nnel Policies and Procedures. 0 . "Final Average Monthly Compensation" means 1/36 of a '.\1 em ber's tota l Compensation during the thirty-six (36) consecutive full calendar months (determined without the inclusion of any Break m 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 :\,lember was employed for fewer than thirty-six (36) consecutive full calendar mo nths, such average monthly compensation shall be based on his Compensation for the thirty-six (36) successive full months during his la st one hundred twenty (120) full calendar months of employment with the City that would yield the highest average , or his full period of s uch employment, if le ss than th1rty -six (36) months . P. "Insurance Company" means any insurance company or compa ni es appointed by the City Council for long-term disability coverage , or as provided in SUBSection 3-6-12-3 hereof. Q . "Leave of Absence" means any absence authorized by the Employer unde r such Employer's standard personnel practices, provided that all persons under 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 within t he period specified in the authorized Leave of Absence . R. "Member" means any person included in the members hip of this Plan as provided in Section 3-6-3 hereof. Effective January 1, 1987 , excluded a s members are leased employees within the meaning of Code Section 414 (n)(2). S . "Normal Retirement Age" means age si...xty-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 '.\1ember . 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(s) thereto) in force and effect for the period prior to January 1, ~ 1999, the Plan hereby being amended and restated . Any reference herein to the Previous Plan as of a certain date or for a certain period shall be deemed a reference to the Previous Plan as then in effect. -5- ., . ' I • 0 - • • -• • ~ . ....-~ .. • .. ·~ • -.. ... Y. "Retired Member" means a former :\1ember whose employment terminated by reason of retirement or Disability and who is receivmg or is entitled to receive . or whose Beneficiary or estate is entitled to receive. benefits under this Plan. Z. "Retirement Benefit" or "Pension" means any Retirement Benefit provided for in Section 3-6-i hereof . .'\A. "Retirement Fund" or "Fund" means the "City of Englewood Nonemergency Employees Retirement Fund," maintained by the Retirement 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 periods of employment as an Employee used in determining eligibility or the amount of benefits as described in Section 3-6-4 hereof. CC . "Trustee" means a ny 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 a nd 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 shall 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 :'vlember on the first day of any subsequent month. 3-6-3-2: EMPLOYEES HIRED AFTER JANUARY 1, 19i0: For each Employee hired after January 1, 1970, membership in the Plan shall be a co ndition 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 ' ' I • 0 J • • ,, • .,,., • • ' ' A. The C ity Council m ay, by ordinance, establish optional pens ion or deferred co mp e nsa tion plans for Exempt Employ ees. U p on est a blishment of a n y s u ch optional plan(s), an Exempt Employee may at his o ption e lect to co m e withi n the provisions of s u ch plan: provided, howe ver , that a n Exempt Employee may n ot concurrently be a Member of more tha n one r etirem e nt plan to wluch the City is making co ntributions on his be half during his e mploy me nt by the C ity. In the event that any said Exe mpt Employee of the City. who is presently a Member of the Plan. elects to come witlun the p r o,,s10ns of a n y other retirement plan established by the City Co uncil a nd funded all or in p a rt by the City, he s hall have the option to become a \"e ted !\!e m be r of the Pl a n (r egardless of whether or not he ha s co mpleted five (5) yea r s of Credi ted Service) or to withdraw from the Plan the amount calcula t e d under Section 3-6-10-2 hereof. B . Exe mpt Employees of the City who are :vl e mbe r s of the Pla n s h all , within six (6) months from the institution of any optional pl a n (s ) by the Ci t y Co uncil . e lect whether or n ot to become a member of any opt10 n a l plan(s ). Said e lection to b ecome a membe r of the new pla n or to re m ai n a :\1 e mbe r of the P la n s h all be irrevoca ble . C. Those Employees who may beco m e Exempt Em ploy e es by p r om otio n or a ppointment or otherwi se, s hall have s ixty (60) days from the effective date of their ap pointment in said Exempt position in whic h to e lect eith er to re m ain m or to become a member of one or any other optional plan . The election to become a member of another plan s hall be irrevocable. D . City Council has previously de s ignated the International City Managem e nt Association Retirement Corporation Deferred Compensation Plan ("ICMA-RC Plan") which is established under Section 45i of the lnterflRI Re ,ent1e Code a s an optional plan to which the City would make co ntributi on s on behalf of Exempt Employees who elect this option. E . City Council has established the m a nagerial. s upervisory or co nfidentia l ICMA-RC Money Purchase Plan for manageria l s upe rvi sory or confide ntial employees effective January 1, 1988 a s an optional plan t o which the City shall make contributions on behalf of any Exempt Employee who elects this Plan. 3-6-3-3 : TERMINATION: Membership of any Member shall terminate if and whe n he shall cease to be an Employee for any reason, except a s provided in S U BSection 3-6--l-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 ) I • 0 -------,-------------.--------------:------- • • -• / ,.. . : ... , • • • 3-6-4 -2: LIMITATION ON CREDITED SERVICE: ... ' A. No period of Credited Service shall be deemed to be increased or extended by overtime. 8. Credited Service shall not include any period of time durmg which the '.\1emb er is on an approved Leave of Absence or interruption of Service as provided 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, 19i0 purs uant to SUBSection 3-6-3-1 hereof, or (2) is covered under the proVI sion s of Section SUBSection 3-6-4-3 hereof. D. Credited Service shall not include any period on the bas is of whi ch a Retirement Benefit is payable under any other defined benefit r etir ement or pension plan to which the City made contributions, othe r 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 Pl a n or any other optional deferred compensation plan m lieu of this Plan, as provided in S UBSection 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 perso nal leave . G . CREDITED SERVICE SHALL NOT INCLUDE ANY PERIOD OF TIME THAT A MEMBER CONTINUES WORKING FOR THE CITY AFTER COMMENCEMENT OF THE MEMBER'S PARTICIPATION IN THE DEFERRED RETIREMENT OPTION PLAN PURSUANT TO SECTION 3-6 -7-8. 3-6-4-3: BREAK IN SERVICE: A Member s hall incur a Break in Service if his Service as an Employee terminates 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 Service 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 lay-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. -8- • . • J A I • 0 .. ,. . ...-. • to-,,,, ... • -' .. B. A forma l Leave of Absence , duly approved by the City Manager for a specific period, followed by death or by reinstatement. reemployment or reappointm ent within thirty (3 0) days after termination of the Leave of Absence . C. A.ny Employee or a ny Member who is on a Leave of Absence on acco unt of e ntering into t he military service of the United States (incl uding service in the United States Merchant Marine in time of war) shall. in the absen ce of reasonable j ustification for additional delay . r eturn to the Service of the City within ninety (90) days after the time whe n a disc harge from suc h milita ry service was first available to s uch Employee . In the event that a Member or em ployee does not r eturn to the Service of the City within the tim e specified above , such Leave of Absence shall be con s idered a Break in Service . NOTWITHSTANDING ANY PROVISION OF THE PLAN TO THE CONTRARY , CONTRIBUTIONS , BENEFITS AND SER'v1CE CREDIT WITH RESPECT TO QUALIFIED MILITARY SERVICE WILL BE PROVIDED I N ACCORDANCE WITH CODE SECTION 414 (u). D. The period during any Leave of Absence or interruption of Servi ce s hall n ot however, be included in Credited Service. EFFECTIVE AS OF AUGUST 5, 1993. A LEAVE OF ABSENCE P C RS UANT TO THE FAMILY AND MEDICAL LEAVE ACT OF 199 3, SHALL NOT BE CONSIDERED A BREAK IN SERVICE ; HOWEVER. THE EMPLOYEE WILL NOT RECEIVE ANY SERVICE CREDIT D URING SUCH AN ABSE NC E . After January 1, 1987 , if any former Member (vested or nonvested) returns to Service as an Employee within five (5) yea r s after his date of termination , or if a former Vested Member returns to Service as an Employee after s uch five (5) yea r s but without receiving any single-s um payment he r eunde r . then applicable prior Credited Service shall be restored. Otherwise s uch prior Credited Service shall be permanently lo s t , s ubject to the further provis10n s of this SUBSection 3-6-4-3. If any such rehired Member, wh o had r eturned to Service as an Employee within five (5) years after the date of termmat10n . had received a single-sum payment in lieu of Retirement Benefits , an actuarial reduction shall be made in his Retirement Benefits und er SUBSection 3-6-16-1 hereof unless he repays the Fund within twenty four (2 4) m onths of r e hire . such s ingle-sum amount, with interest at the rate determine d under SUBSection 3-6-2-2C2 hereof (interest rate assumption for single -sum payments) from the date the Member received the pa yme nt to the date of repayment. Members of the Plan as of January l. 1987 , who were previous ly 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, -9- ., .. I • 0 ---r---------------------.... ------------~ ... --------------------------------------~ • • • , .. / .. .. • -.. if any, restored . The Retirement Board shall review s uch applicat10n and s hall determine on a nondiscriminatory basis, whether such pnor Credited Service shall be restored , and shall inform the Member of its de termination by December 31 , 1987. Any Member of the Plan who was an Employee on January l. 1970 a nd who did not elect to become a Member of the Plan on January 1. 1970 purs uant to SUBSection 3-6-3-1 hereof will , as of January l. 1987 , re ce ive 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 s um amount determined on the basis of the amount of accumulated contributions that said Member would have accumulated in the Plan as of July l , 1988 had he elected to become a Member of the Plan on January 1. l 9i0 and made the required contributions each year on the basis of compensation he r eceive d each year. If the Member elects not to pay the single sum amount. his retirement benefit determined under SUBSection 3-6· 7-1 hereof shall be reduced by the actuarial equivalent of the single sum payment due as of July l , 1988 . 3-6-4-4 : EFFECT OF OTHER Pl.ANS : 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. Credited Service shall not include any period of time for which the City contributes on behalf of a n 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 pe rmitted 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 -10- , . ) I • 0 - • • • ·• ~ ,/" . • .. ., • -' .... ' 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 fo rfeited shall be applied as soo n as possible to reduce the contributions r eq uired to be made by the City. 3-6-6 : RETIREMENT DATES : 3-6-6-1 : NORMAL RETIREMENT: All permanent, full-time Employees of the City s hall become on e hundred percent (100%) vested upon attainm e n t of their Norm a l Retirement Age a n d may r e tire at any time t h ereafter. The effective date of retirement under the provisions above shall be the fir s t day of the first month following t h e m onth in which such Employee actu ally retires from the employment of the City . 3-6-6-2 : EARLY RETIREMENT : A . Regular Early Retirement: A :\!!ember or Vested Member who has attai n ed the age of fifty-five (5 5) years a nd ha s co mpleted at least five (5) ye ars of Credited Service may e lect to retire under Reg ul a r Early Retire m e nt a nd have be nefit payments co mme n ce as of the first day of a n y calendar month, which s h all not be less than thirty (30) n or more than ninety (9 0) d ays after the filing of written n otification with t h e Retirement Board . 8 . Special Early Retirement: A :\1ember shall be eligible for Special Early Retirement as of the first day of a n y calendar month if h1 s employment terminates after h e has attained t h e age of fifty-five (55 ) and t he s um of ru s age plus his Credited Service at termination equals e ighty -eight (8 8) or m ore. Such a Member may e lect Special Early Retirement u pon the filing of writte n notification with the Retirement Board n ot le ss than t h irty (30) nor m or e tha n ninety (90) days prior to the date benefit payments are t o commence . 3-6-6-3 : DELA YEO RETIREMENT: Every Member upon reaching his sixty-fifth (65th) birthday s h all be fully vested in the benefits earned prior to s uch date and shall be eligible to retire unde r the Plan. However, any Member eligible for normal retirement may elect to delay lus retirement date as permitted by the City Personnel Policie s and Procedures . Hi delayed retirement date s h all be the first day of t h e month, coincident with o r n e xt following the date of his actu al retirement. As a condition prece d e nt to co ntinuance in employment beyond the Normal Retirement Date , the Member s hall file with the Retirement Board the written des ignation of a Beneficiary, whether or not the Member elects an optional benefit in accordance with Section 3-6-8 hereof. 3-6-6 -4 : DI SABILITY RETIREME NT: Any Member who is disabled pursuant to SUBSection 3-6 -2 -2(1{) h ereof sh all qualify for Di sability retirement as provided herein. Pay ment of a Di sability Retirement Be n efit s h a ll co mme n ce on the first day of the month next following his No rmal Retirement Date . The last payment s hall be made as of the first day of the month in which the death of the Re tired Member occurs or his Di sability ceases, whichever -I I - ) I • 0 .] • • .. ~ ,,,-. • T• ,. ; .. .. . . • • ' .,, first occurs. If Disability ceases on or after the Members Normal Retireme nt Date and he doe s not return to full-time employment with the City, his Di sability Retirement Benefit s hall be continued in the same ma nner as if lu s Di sability ha d continued. If the Retired Member's Disability ceases prior t o lus No rma l Reti re me nt Date a nd he is not reemployed by the City, a nd if he had m et the requirements for an ea rl y or deferred vested Retirement Benefit on the date of lus retirement from Di sa bility , h e s hall be entitled to receive , commencing on the fir st d ay of the month ne xt fo ll ow ing his Normal Retirement Date, a Reti rement Be n efit equal to the early or deferred vested Retirement Benefit to which he would have be en e ntitle d , as of t he da te of lus disablement. Such Retirement Ben efit to be ca lculated s hall co n sider the Credited Service he could have received during the period of his Di sability . If the '.\1 e mb er requests the commencement of his early or deferred ve ted Retirement Benefit as of the first day of the month next follow mg hi s fifty fifth (55th) birt hd ay . or as of the first day of any subsequent month wluch precedes hi s No rm al Retireme nt Date , his Retirement Benefit shall commence as of the beginning of the month so r eq uested, but the amount thereof shall be reduced m accorda nce with SUBSection 3-6· 7-2 hereof based on the number of year s by wluch the s tarting date of the Retirement Benefit payments precede the Member's No rm a l Retirement Date. If Disability ceases before a Retired Mem ber attains lu s Normal Retirement Date and the Member is ree mployed by the City , the Retirement Benefit p ayable up on hi s subsequent retirement s hall be determined i n acco rdance with the provisions of S UBSection 3-6-7-J hereof including Credited Sen,;ce for the period that he was disabled . Notwithstanding any other provision of tlus Section, no Member shall qualify for a Disability Retirement Benefit if the Board determines that his Disability re s ults 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 di sa bility be nefits from the long-term disability insurance contract maintained by the City . Di sability shall be considered to have ended if, prior to lus No rm a l Retireme nt Date , the Member is no longer eligible for benefits from the long-term di sability insurance contract maintained by the City . 3-6-6-5: REQUIRED DISTRIBUTION OF RETIREMENT BENEFITS: Notwithstanding any other provision of this Plan, di stribution of Benefits under this Pla n shall commence not later than April l of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (7 0 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 (l l/2%) of -12- • , . , .. ... .. \ . ) I • 0 • • .. ,. • • - the Member's Final Average Monthly Co mpensa tion multiplied by t he t otal numbe r of year s (including fr actional yea r s) of the Members Credite d Ser vice . 3-6-7-2 : EARLY RETIREMENT: A. Regular Early Retirement. A :\(ember or Vested Member. e ligi bl e for Reg ul a r Early Retirement a nd r etiring prior to hi s norm a l Retirement Date , s h a il be entitled to a reduced Retirement Be nefit which s hall be hi s Accrued Be nefit on his Regular Early Retirement date , r educed by one fourth of one percent (.25 %) for each month by which the payme nt commences prior to the first of the month following his. ormal Retire me nt Da t e . B. Special Early Retirement. A Member who meets the requirements for Special Early Retireme nt s hall receive a monthly a mo unt co mputed as fo r a Normal Retireme nt Benefit co nsidering his Credited Sen-ice to the date of his act ua l Retirement. payable without reduction for early commencement. 3-6-7-3 : DISABILITY RETIREMENT : A Me mber who meet s the require me nts for a Di sability Retir e ment Benefit a s a res ult of receiving payments from the City's long-term disability ins urance co ntra ct s hall r eceive a monthly a mount co mmencing on the fir st d a y of the month n ext following his Normal Retirement Date and co mputed as for a normal retirement unde r S UBSectio n 3-6-7-1 hereo f, cons id ering hi s F inal Average Monthly Co mpe nsation at the date of his retirement from Di sability and Credited Service for the pe rtod he received long-term disability benefits from the City's long-te rm disability in s urance co ntract. 3-6-i-4: DELAYED RETIREMENT : A Me mber reti ring subsequent t o lu s '.'•Jo rmal Retire ment Date shall receive the monthly retirement bene fit computed unde r SUBSection 3-6 -i-l he reof, considering hi s/her final average monthly compensation at the date of hi s /her actual retirement and the credited service he/she accumulated t o the date of hi s/her actual retireme nt. 3-6-i-5: NORMAL FORM OF PAYMENT : Unless optional benefits have been elected purs u a nt to Section 3-6-8 her eof, the bas ic monthly retirement benefit, computed a s set forth above, shall be a ten (10) year certain and life benefit. Such benefit s hall be in equal monthly payments commencing on the first day of the month next following the retirement date , a nd 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 payme nt shall be made on the first day of the month of the r etir ed me mber'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 t he 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 -13- .. ', I • 0 - • ~ ,,.... . • ... . , • -... at the death of the last s urviving beneficiary following the de ath of the r etir ed member, m onthly installm ents have not yet been paid for the term ce rtain . the actua rial eq uiva lent va lue of the installments for the balance of t he term certain will be comp ute d a nd paid in one sum to the estate of t he last s urviving beneficiary. As prov ided by SUBSection 3-6-16-2 hereof. r etireme nt benefits may be s uspended for a r etir ed me mbe r during a pe riod of employ ment s ubsequent to his/her actual retireme nt date during which he/she is r e hired and receiving compensation as an e mpl oyee of the City. Monthly payments s hall com mence a nd be determined pursuant to s uch S BSection 3-6-16-2 hereof. 3-6-7 -6 : ACCRUED CREDITS AND VESTED BE NEFITS NDER THE PREVIOUS PLAN PRESERVED : The restatement of the previo u s pla n by this plan s h a ll not operate to exclude , diminish, limit or re strict the pay ment or co ntinuation of payment of be nefits accrued as of Dece mber 31 , -1900 1998. The amount of s uch previous plan ben efits, if a ny. in the course of payment by the trustee under said previous plan. to any perso n on December 31 , -1900 1998, shall be co ntinued by the trustee under the trust agreement forming a part of this plan, in the same manner , undiminis he d . preserved , and full y vested under this plan. The eligibility for , and amount of, any benefit of any kind . payable co mm encing after Dec ember 31 , 1986 under this plan to or for a ny perso n who was a me mbe r of the previous plan and who became a member of this restated pla n as of January l , 1987, shall be determined under the provisions of this plan. 3-6-7-7: INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES: Effec tive July l , 1993 , all members and beneficiaries whose pay me nts co mmen ce d be fore January l , 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board. Effec tive January l , 1996, all members and beneficiaries whose pay me nts co mm e n ce d before July l, 1995 , shall re ceive a three percent (3 %) increase in their pe nsio n payments subject to future adjustment as determined by the Boa rd . 3-6-7-8: DEFERRED RETIREMENT OPTION PLAN (DROP): A. EFFECTIVE DATE. NOTWITHSTANDING SUBSECTION 3-6-2-2(1..). HEREOF , THE PROVISIONS CONTAINED IN THIS S UBSECTION 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 IN THIS SUBSECTION 3-6-7-8(A). HEREOF. AN "ELIGIBLE MEMBER" IS ANY MEMBER WHO HAS ATTAINED THE NORMAL RETIREMENT DATE IN -14- • .. . I • 0 • ·• ,. . ..-. • ). .. .. • -" .... AC CORDANCE WITH S U BSECTION 3-6-2-2 (T), HEREOF OR THE SPECUL EARLY RETIREMENT DATE IN ACCORDANCE WITH SUBSECTIO 1 3-6-6-28. A "PARTICIPATING DROP ME:VIBER" JS ANY ELIGIBLE MEMBER\.\ HO HAS ELECTED TO PARTICIPATE 1:-.1 THE DROP AS PROVIDED BY THIS S UBSECTION 3-6-7-8 . HEREOF. D . PURPOSE . THE P "RPOSE OF THE DROP JS TO ALLOW AN ELIGIBLE MEMBER TO ELECT. IN LIEU OF IMMEDIATE TER~!INATION OF EMPLOYMENT AND RECEIPT OF RETIRE~IENT BENEFIT OR PENSION, TO CONTINUE EMPLO'\'"MENT FOR A SPECIFIED PERIOD OF TIME AND TO HAVE THE ELIGIBLE MEMBER'S RETIREMEl\T BENEFIT OR PENSION PAID INTO THE DROP ACCO NT :-;TJL THE END OF S UCH SPECIFIED PERIOD OF THE PARTICIPATl:\'G DROP MEMBER'S PARTICIPATION, AT WHICH TIME EMPLODIE. "TIS TO CEASE . AN ELIGIBLE MEMBER MUST CHOOSE THE RETIRDIENT BENEFIT PROVIDED IN SUBSECTION 3-6-7-1. HEREOF . OR ONE OF THE RETIREMENT OPTIONS PROVIDED IN SECTION 3-6 -8 , HEREOF . AT THE SAME TIME THE ELIGIBLE ME!'IIBER ELECTS TO PARTICIPATE IN THE DROP. E . PARTICIPATION . AN ELIGIBLE MEMBER ~UY PARTICIPATE IN THE DROP ONLY ONCE . AN ELIGIBLE MEMBER WHO HAS REACHED :-.lOR~·L.\L RETIREMENT AGE MUST ELECT TO PARTICIPATE IN THE DROP WITHIN :-.l!NETY (90) DAYS AFTER THE LATER OF ATTAINMENT OF .'.'iOR~1AL RETIREME'.'iT AGE OR THE EFFECTIVE DATE OF THE DROP. AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE 1:-.1 THE DROP UPON FILING OF WRITTEN NOTIFICATION WITH THE RETIREMENT BOARD NOT LESS THAN SIXTY (60) NOR MORE TH..\.'i NINETY (90) DAY PRIOR TO THE DATE OF INTENDED PARTICIP.l.TION . F . TERM. THE DURATION OF A PARTICJPATJ:-;G DROP MEMBER'S PARTICIPATION IN THE DROP SHALL NOT EXCEED A TOTAL OF THREE (3) YEARS. AS A CONDITION PRECEDENT TO PARTICIPATION IN THE DROP, THE PARTICIPATING DROP ME:VIBER SHALL EXECUTE 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 :VLi\ Y 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 SH..\LL 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 -15- . ' ' I· 0 • ] 4illliC!ll1IIII • • -. .. ----------------------~--- --·· • .,. • - FOR THE BALANCE OF THE THREE-YEAR l\U .. '{!MUM TERM ELECTED BY THE DROP MEMBER UN DER SUBSECTION F . H . EFFECT ON PARTI CIPATION IN THE PL.\N. UPON COMMENCEMENT OF THE ELIGIBLE MEMBER'S PARTICIPATIO N IN THE DROP, A MEMBER'S C REDITED SERVICE. FINAL AVERAGE ~IONTHLY COMPENSATION AND ACCRUED BENEFIT SHALL BE FROZEN. A PARTICIPATING DROP ME~IBER SHALL NOT SHARE IN ANY SUBSEQUENT FORM ULA IMPROVEMENTS . HOWEVER, A PARTICIPATING DROP MEMBER SHALL SHARE IN ANY AD HOC INCREASE GR.-\.11,/TED TO RETIRED MEMBERS . .... I. CONTRIBUTION . UPON COMMENCEMENT OF THE ELIGIBLE MEMBER'S PARTICIPATION IN THE DROP . THE RETIRDIE::-iT BE NEFI T OR PENSION PROVIDED I'.\! SECTION 3-6-i A.'ID SECTION 3-6-8 HEREOF, SHALL BE PAID INTO THE PARTI CIPATING DROP :\IEMBEffS DROP ACCOl NT . IN NO CASE SHALL THE CITY CONTRIB CTION . PROVIDED FOR IN S UBSECTION 3-6-5-2 HEREOF . BE USE D TO F ND THE DROP . ACCORDINGLY , AMOUNTS TRANSFERRED O R PAID TO A PARTICIPATING MEMBEffS DROP ACCOUNT SHALL NOT CO ·sTITCTE ANNUAL ADDITIONS UNDER CODE SECTION 415 . J . ADMINISTRATION OF DROP ASSETS . PARTICIPATING DROP :\-!EMBE RS MAY DIRECT THEIR DROP MONEY TO ANY OF THE ll\l.VEST:\IENT OPTIONS APPROVED BY THE BOARD FOR THE DROP. THERE S HALL BE NO GUARANTEED RATE OF INVESTMENT RETU RN ON DROP DEPOSITS . ANY LOSSES , CHARGES OR EXPENSES I NCU RRED BY THE PARTICIPATING DROP MEMBER IN SUCH ME~IBER'S DROP ACCOUNT BY VIRTUE OF THE INVESTMENT OPTIONS SELECTED BY THE PARTICIPATING DROP MEMBER. SHALL '.\TOT BE ::'vtADE ·p BY THE CITY OR THE PLAN, BUT ALL OF SAME SHALL BE BORNE BY THE PARTICIPATI:-1G DROP MEMBER . TRANSFERS BETWEEN INVESTME NT OPTIONS SHALL BE IN ACCORDANCE WITH THE RU LES AND REGULATIONS OF THE DROP . A DROP ACCOUNT SHALL BE ESTABLISHED FOR EACH PARTICIPATING DROP ~!EMBER. SUCH DROP ACCOUNT SHALL BE ADJ USTED, NO LESS FREQU ENTLY THAN ANNUALLY FOR CONTRIBUTIONS, DISTRIB TIONS AN'D 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 ACCOUNT 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 INDIVIDUAL'S DROP ACCOUNT: -16- ' ' .. I· 0 • • • ~ ,,.-. • I· • -' ... l. DEFERRED PAYMENT. DISTRIBUTION FROM A DROP ACCOUNT MAY BE DEFERRED UN TIL A DATE DESIGNATED BY THE RETIREE . WHEN DESIGNATING THE DATE UPON \-VHICH DISTRIB liTIO ·s SHALL COMM ENCE , THE RETIREE MUST ALSO DESIGNATE THE F ORM OF PAYMENT FROM ONE OF THE AVAILI\.BLE OPTIO:\"S. REGARDLESS OF THE DATE CHOSE N BY THE RETIREE . ALL DISTRIB UTIONS MUST COMMENCE NO Ll\TER THAN THE YEAR 1:-.1 WHICH THE RETIREE ATTAI NS THE AGE OF 70 1/2 ; 2 . LUM P SUM . A ONE-TIME DISTRIBUTION OF THE RETIREE'S ENTIRE ACCOUNT BALAN CE . IN CLU DING A DIRECT ROLLOVER UNDER SliBSECTI0:-.1 3-6-17-3 ; 3 . PERIODIC PAYME:-.ITS DESIG:-.IATI NG AN AMOUNT. DISTRIBUTION OF THE RETIREE'S ACCOUNT BAL.\NCE BY MONTHLY PAYMENTS IN AN AMOUNT DESIGNATED BY THE RETIREE . UNT IL THE ENTIRE BAL.~\iCE OF THE ACCO U'.'I T IS DISTRIBUTED ; 4. PERIODIC PAYMENTS FOR A DESIGNATED PERIOD OF TIME . MONTHLY PAYMENTS TO THE RETIREE FOR A PERIOD DESIGNATED BY THE RETIREE . THE PAYMENT WILL BE CALCULATED SUCH THAT UPON THE OCCURRENCE OF THE LAST MONTHLY PAYMENT, THE ENTIRE BALA:-.ICE OF THE ACCOUNT WILL BE DISTRIBUTED ; 5 . INITLU MINIMUM REQlHRED DISTRIB UTION . ACCOUNT BAL.\.NCE IS DISTRIBUTED AS PERIODIC PA"l'"MENTS THAT ARE CALCULATED BASED ON THE RETIREE'S LIFE EXPECTANCY (AND THE LIFE EXPECTA'.'ICY OF THE RETIREE'S DESIGNATED BENEFICIARY, IF APPLICABLE); OR 6 . COMBINATION OF LUMP SUM AND PERIODI C PAYMENTS . A::si INITIAL LUMP SUM PAYMENT OF AN AMOUNT DESIGNATED BY THE RETIREE , FOLLOWED BY A DESIGNATION OF A NUMBER OF SUBSEQUENT MONTHLY PAYMENTS ORAN AM:OUNT PAYABLE ON A MONTHLY BASIS . REGARDLESS OF THE FORM OF PAYMENT THE RETIREE CHOOSES, THE Mir--TJMUM DISTRIBUTION AMOUNT WILL BE DETERMINED AND J\,lADE IN ACCORDANCE WITH CODE SECTION 401 (a) (9), AND THE REGULATIONS THEREUNDER. INCLUDING MINIMUM DISTRIBUTION INCIDENTAL DEATH BENEFIT REQUIREMENT OF PROPOSED INTERNAL REVENUE CODE 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 -17- • .. ) I . 0 - • • --. .. ,. --. • '· .. . , • -' THE RETIREE AND/OR THE RETIREE'S POCSE S HALL BE RE CALCU LATED ANNUALLY . .. .... IF THE RETIREE MAKES NO SELECTION A TO FOR'.\! O F PAYMENT WITHIN THIRTY (30) DAYS OF TER'.\IINATJ0>-1 OF EMPLOYMENT OR EXPIRATION OF THE THREE-YEAR LIMIT FOR PARTICIPATION IN THE DROP, AL MP SU~! PAD1ENT SHALL BE l\'lADE. N. PARTICIPATING DROP MEMBER'S DEATH : SPOUSAL BENEFICIARY . IF THE PARTICIPATING DROP MEMBER DIES DU RI>-IG THE PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP AN D THE PARTICIPATING DROP MEMBER'S DE SIGNATED BENEFICIARY IS THE PARTICIPATING DROP ME~!BER'S SUR\lVING SPOUSE TO WHOM THE PARTICIPATING DROP MEMBER WAS LEGALLY MARRIED AT THE TIME OF THE PARTICIPATING DROP MEMBER'S DE AT H. THE PARTICIPATING DROP ME'.\1BER 'S DESIG NATED BE NEFICIARY SHALL RE CEIVE , AT THE BE NEFICV\RYS OPTION , A LUMP SUM PAYMENT FROM THE DECEASED PARTICIPATING DROP MEMBER'S INDIVIDUAL DROP ACCO NT BALANCE OR EQ UAL MONTHLY I NSTALLMENT PAD'IENTS FROM THE DECEASED PARTICIPATING DROP MEMBER'S INDT'vlD UAL DROP ACCOUNT OVER A PERIOD NOT TO EXCEED THE SPOUSE'S LIFE OR LIFE EXPECTANCY . IF NO SELECTION IS MADE BY THE DESIGNATED BENEFICIARY WIT HI >-1 SIXTY (60) DAYS OF DEATH OF THE PARTICIPATING DROP MEMBER, A LUM P S UM PAY'.\1ENT SHALL BE MADE. 0 . PARTICIPATING DROP MEMBE R'S DEATH ; NON-SPOUSAL BENEFICIARY . A MARRIED PARTICIPATING DROP '.\1EMBER MAY DESIGNATE SOMEONE OTHER THAN HIS SPOUSE TO BE A PRIMARY BENEFICIARY . PROVIDED SPOUSAL CONSENT AS PRESCRIBED IN SUBSECTION 3-6-8 -7, HEREOF, IS OBTAINED . IF THE PARTI CIPATI NG DROP MEMBER DIES DU RING THE PERIOD OF THE PARTI CIPATING DROP MEMBER'S PARTICIPATION IN THE DROP. AND THE PARTICIPATING DROP MEMBER'S DESIGNATED BE::slEFI CL-\RY IS SOMEONE OTHER THAN THE PARTICIPATING DROP MEMBER'S SURVIVING SPO SE TO WHOM THE PARTI C IPATI NG DROP MEMBER WAS LEGALLY MARRIED AT THE TIME OF THE PARTICIPATING DROP MEMBER'S DEATH . THE DESIGNATED BE NEFICIARY SHALL RECEIVE A LUM P SUM PAYMENT EQ UAL TO THE DECEASED PARTI CIPATI NG DROP MEMBER'S I NDIVIDUAL DROP ACCOUNT BALA NC E . P . PARTICIPATING DROP MEMBER'S DEATH ; NO DESIGNATED BENEFICIARY . IF THE PARTICIPATING DROP MEMBER DIES DURING THE PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPATION IN THE DROP. AND THE DESIGNATED BE NEFICIARY 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 BALA NCE. Q . NO IMPACT OF DROP PARTI CI PATION ON OTHER DEATH Ai'ID DISABILITY BE NEFITS . DROP PARTICIPATION SHALL NOT AFFECT -18- ) I· 0 . ] • • .. ~ .,- • ,-.... •, -. • -' ... . , ANY OTHER DEATH OR DISABILITY BENEFIT PROVIDED TO A ME:.\1BER UNDER FEDERAL LAW , STATE LAW. CITY ORDINANCE , OR ANY RIGHTS OR BENEFITS UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT . ... R. RETROACTIVITY (BACK-DROP). FOR P URPOSES OF THIS S UBSECTION 3-6-7-8(R), "RETROACTIVE PARTICIPATION DATE " MEANS JANUARY 1. 1999 , OR SUCH L-\TER DATE AS WOULD HA VE BEEN ON OR AFTER AN 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 WO ULD HAVE QUALIF1ED FOR THE DROP ON HIS RETROACTIVE PARTICIPATION DATE . HAD THE DROP BEEN IN EFFECT ON THAT DATE , MAY ELECT TO HA VE HIS INDIVIDLAL DROP ACCOUNT CREDITED WITH A ONE-TIME LUMP SUM PAYMENT. S UCH ONE-TIME LUMP SUM PAYMENT SHALL EQUAL THE SUM OF THE NUMBER OF PENSION PAYMENTS WHICH WOULD HA VE BEE N PAYABLE PRIOR TO THE EFFECTIVE DATE OF THE DROP , HAD THEY COMMENCED ON THE MEMBER'S RETROACTIVE PARTI CIPATIO N DATE , CREDITED WITH INTEREST USING THE ACT UAR1AL I NTE RE S T 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 SUBSECTIO N 3-6- 7-8F , HEREOF, WILL BEGIN TO RUN . NOT ON THE DATE OF SuCH ELECTION, BUT ON THE PARTI CIPATING DROP MEMBER'S RETROACTIVE PARTICIPATION DATE . S . FIDUCIARY LlABILITY : THE DROP IS INTENDED TO FOLLOW SECTION 404 (c), OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 SIHSAAND THE APPLICABLE DEPARTMENT OF LABOR REG U LATIONS FIDUClARIES OF THE PLAN MAY BE RELIEVED OF LL<\BILITY 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: GENERAL: 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 -19- ' ., ... . ' I . 0 J- • • .. • --· • / .. .. • -... d a t e of the fir t payme nt of retirement benefits under the plan. However . an optional fo rm of payment may n ot be elected unless the value of the payments expected to be p a id to the member exceeds fifty percent (50%) of the value of the total benefits to be paid under s uch option a l form. 3-6-8 -2 : QUALIFIED JOINT AND SURVlVOR BENEFIT OPTION: The Qualified Joint and Survivor Benefit option provides an adjusted monthly Retirement Benefit payment during the Retired Member's life ; and the spou s e (to whom the Member was married when his Retirement Benefit co mmence d), if surviving at the Members death, shall receive the reafter for life a monthly Retirement Benefit of fifty percent (50%) of the adjusted monthly a m ount paid to the Member. Within a reasonable time before the Member's Retire ment Be n efit co mm encement date hereunder, the Retirement Board shall provide to the Member a written explanation of the terms and conditions of the Qualified Joint a nd Fifty Percent (50%) Survivor Benefit set forth herein and the effect of refu sing it. If on or after January l , 1987 , the Employee wishes to elect a form of payment othe r than the Qualified Joint and Survivor Benefit (described in this Section), s u ch election will n ot become effective unless his spouse (if he has a spouse who ca n be located) consents in writing to such election, acknowledges the effect of s uch election a nd ha s u ch co nsent and acknowledgment witnessed by a Pla n representative or a n otar y public . A properly completed benefit election form (furnished by the Retir e m e nt Board) mus t be returned to the Retirement Board within ninety (90) days prior to the Member's benefit commencement date . If the Member files another e le ction form after the earlier form and prior to his benefit commencement date , the earlier form s h all be annulled . 3-6-8 -3 : ONE H UNDRED PERCENT JOINT AND SURVlVOR BENEFIT OPTION: The one hundre d percent (100%) Joint and Survivor Benefit option provides adj u sted monthly Retirement Benefit payments during the Retired Member's life , and upon his d eath after retirement, continue payments in the same amount to a d esign ated Beneficiary during the life of such Beneficiary. 3-6-8-4: FIFTY PERCENT JOINT AND SURVlVOR BENEFIT OPTION: The fifty percent (50 %) Joint and Survivor Benefit option provides reduced monthly Retirement Be nefit payments during the Re tired Member's life , a nd , upo n his death after retire ment, continues pay ment in an amount equal to one-half {l/2) of the a mount of such reduced pay ments to a de signated Beneficiary during the life of such Be neficiary . Pay ment 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: -20- ' . ) I • 0 ./ • • -• • / . • =·· • • The Lifetime Ben efit option provi d es in cr eased monthly Retirement Be nefit payme nts during the Retired Member's life with no co nt inu a t io n s of payment after his death. 3-6-8-7 : BE NEFI CIARY : The Member or Vested Member mus t design ate !us Be nefi ciary m wntmg . If on or a ft.e r January 1, 1987, a m arried Member or Ve st e d :\!e mbe r wi s hes t o designate so meone other than his s pouse to be a primary Be n efi ciary (o r wi s hes t o continue , after January 1, 1987 , such a d esign a tion made pri or to J a nuary I , 1987), s uch designation will not become (o r continue to be) effective unless lus s pous e (if his s po use can be locate d) consents in writing to s uch d es ig nati on (o r fo rm of benefits) which may not be changed without s pousal co nse nt (or the co nse nt of the s po use e xpressly permits designations by the Member or \"es t ed :\!e m be r without a ny r eq uire me nt of further consent by the s pous e). acknowle dges the effect of s uch designation and has s uch consent and acknowledgment witnessed by a Pl a n re presentative or a notary public. Such designation s hall be m a de in writing upon a form provided by the Retirement Board and s hall be fil ed w ith the Re tire ment Board. The last such designation filed with the Re tirem e nt Board hall co ntrol. 3-6-8-8: MINIMUM MONTHLY PAYME NTS : If the monthly benefit to which any Member, Vested :'11 e mb e r or Be neficiary s ha ll become entitled under the Plan s hall be less than on e hundre d dollars (Sl00.00), the Retirement Board shall have the right to direct tha t the Actuarial Equivalent of s uch benefit shall be paid in a lump s um or in installments at s uch intervals a s will result in each payment amounting to at least one hundred dollars ($100.00). 3-6-9 : DEATH BE NEFITS: 3-6-9-1 : DEATH OF AN ACTIVE MEMBER WITH FIVE (5) OR MORE YEARS OF SERVICE : If an active Membe r dies after co mple ting fiv e (5) or more years of se r vic e, the s urvivmg spo use shall receive fifty percent (50%) of the Member's accrued benefit for one hundred twenty (120) months ce rtain and life thereafter . H oweve r , if the s pou se is mor e than five (5 ) years younger than the Member, the monthly benefits will be r educe d by one a nd one -half percent (1.5%) for each year that their diffe r e nce in age excee d s five (5) year s . If the Member is not survived by a spouse. hi s de signated beneficiary s hall r eceive fift y perce nt (5 0%) of the Member 's monthly accrued benefit for one hundred twenty (120) months certain. If the Member is not s urvived by a designat e d Be ne ficiary , the one hundred twenty (120) monthly payme nts s h a ll be computed and paid in a si ngle s um to the Member's estate. The p ayme nt to the surviving spouse or designated Be neficiary will co mm e nce on the first day of the month following the date of the Member's death, or if later, the date the Membe r would have attained age fifty-five {55). If a Member 's death occurs prior to his fifty-fifth {55th) birthday, the Retirement Board may e lect, with the consent of the Member's spouse , des ignated Beneficiary or estate to pay the s pouse, Be neficiary or estate a single sum pay ment 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 : -21- ', 0 I • 0 -------:-----------------, .. ,-----------~-------------· - • • -• ,,-. • . . • • ' In the event a Vested Member or a disabled Member dies prior to the commencement of payments from the Plan, the s urv1~;ng spouse s hall r ecei\'e fift y perce nt (50%) of the Member's Accrued Benefit for one hundred tw e nty (120) months certain and life thereafter. However , if the spouse is more than five (5) year s yo unger than the Member, the monthly benefit will be reduced by one and o ne -half per ce nt (1.5%) for each year that their difference in age exceeds fi,·e (5) years. If the Mem be r is not survived by a s pouse , his designated Beneficiary s hall receive fifty perce nt (50%) of the Member's monthly Accrued Benefit for one hundred twenty (l:W) month s certain. If the Member is not survived by a designated Ben eficiary, the one hund r ed twenty (120) monthly payments shall be computed and pa id in a s ingl e s um t o the Member's estate. The payment to the surviving s pouse or designated Be neficia r y will commence on the first day of the month following the date of the i\l ember ' death . or if later, the date the Member would have attained fi.ft y·fi \'e (55). If a Me mbe r 's dea th occurs prior to his fifty-fifth (55th) birthday, the Retire ment Boa rd m ay e lect. wi th the consent of the Member's spouse, designated Beneficiary or estat e to pay the spouse, Beneficiary or estate a single sum payment at the time of the :\!emb e r 's death, equal to the Actuarial Equivalent of the payment d ue whe n the :\!emb e r would have attained age fifty-five (55 ). 3-6-9-3 : DEATH OF AN ACTIVE MEMBER BETWEE.:si '.'\ORMAL A~D DELAYED RETIREME.:siT DA TES : In the event a Member continues in City e mployment after hi s norm a l r etire ment date and dies before actually retiring, then he shall be d ee med to h ave r etired on the first day of the calendar month in which he dies . If an optional form or p ay me nt h as been elected, the death benefit, if any, shall be determine d by the option elected . If no optional form of payment has been elected, the Member's monthly Acc rued Benefit shall be paid to his survi~ing spouse for one hundred twe nty (120) months certain. If the Member is not survived by a spouse, his designated Beneficiary shall receive on e hundred percent (100%) of the Member's 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 ma si ngl e s um to the l\.lember's estate. Death benefit payments shall co mmence on the fir s t day of the month following the Member's death . 3-6-9-4: DEATH OF A RETIRED MEMBER OR BENEFI CIARY : In the event a Retrred Member or Beneficiary di es while r ece iving Re tirement Be nefit payments , the death benefit, if any, will be determine d by the form of Retirement Benefit being paid. In the event that no designated Beneficiary is living at the d eath 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 Reured Me mber. If at the death of the last surviving Beneficiary following the death of the Retired Membe r , monthly installments have not yet been paid for the full pe riod of the term ce rtain , 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 las t surviving Beneficiary . 3-6-9-5: SUPPLEMENTAL DEATH BENEFIT FOR MEMBERS HIRED PRIOR TO JANUARY l . 1976: In addition to the death benefit provided in SUBSections l , 2 and 3, OF THIS SECTION 9, ltereef, a lump sum supplemental benefit shall be payable to the -22- .. ' ' I • 0 - -. • • .. • .. .. • •• .. 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 1, 1983 . If such Member is not survived by a designated Beneficiary, the lump sum payment shall be made to his estate. -23- • ' .. ,. . ) .. I .. • 0 32X • • -• • ~ ,.,--. • / ,I, • -.. ... 3-6-9-6 : UNIFORM SIMULTANEOUS DEATH ACT: The provisions of any State law providing for the distribution of estates under the Uniform Simultaneous Death Act, when applicable, shall govern the di stribut10n 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 hereof if his employment terminates for reasons other than retirement, Disability or d eath. 3-6-10-2 : LESS THAN FIVE YEARS OF CREDITED SERVICE: Should a member's employment with the City terminate for reasons other than retirement, Disability or death prior to his ormal Retirement Date and prior to his completion of five (5) years of Credited Service , the only benefit to which h e shall be entitled under this Plan s hall be : A. The amount of his Accumulated Co ntribution s. if any , plus B . Two percent (2%) of the Co mp ensation received by the Member s ubsequent to December 31 , 1975 and prior to January l. 1983 . 3-6-10-3: FIVE 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 s ubsequent to his attainment of age fifty-five (55). The reduction shall be one-fourth of one -24- • ... ' I • 0 - • • .. ,,-. • ,. ,. .... .. • -.. ... percent (.25%) for each month (three percent [3%] per year) by which payments commence prior to the first of the month following his Normal Retirement Date. A Vested Member may elect at any time prior to hi s Normal Retirement Date to receive , in lieu 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 his Compensation received subsequent to December 31 , 1975 and prior to January 1. 198 3 . 3-6-11: ADMIN1STRATION 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 shall be composed of seven (7) members . One (1) m e mb e r s ha ll be an elected member of the City Council who shall 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) members shall be employees of the City who are Members of the Plan, who shall be selected by a vote of all s uch Members in accordance with such procedures as the City Manager may adopt, from tlme t o tim e . Three (3) members shall be taxpaying electors of the City who s hall be se lect ed by a majority of the members of the City Council. In addition, the City Manager . or hi s designee , shall serve in an advisory capacity, as an ex official , nonvoting member . Members of the Retirement Board shall be appointed for four (4) year terms. provided the said member continues to possess the qualifications provided herein during the member's term and, further provided that: A. The Council member shall serve during his term of office as a Council member; and 8. The Director of Financial Services shall serve during his tenure m office as s uch Director. Should a vacancy occur in the membership of the Retire ment 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 s uch 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. -25- . ' ... I ., • 0 ~ • • ' 0 .. • ~-· • l .. ,, .... .. -~ • -' ... 3·6·11·2: MANAGEMENT OF THE PLAN : In addition to the powers and obligations imposed upon the Board as Trustee pursuant to SUBSection 3·6·12·1 hereof, the Retirement Board shall have all pow er s necessary to effect the management and administration of the Plan in accordance with its terms. including, but not limited to , the following : A. To establish rules and regulations for the administration of the Plan. for managing and di scharging 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. 8 . To interpret the provisions of the Plan and to determine a ny a nd all questions arising under the Plan or in connection with the administration thereof. A record of such action and all other matters properly coming before the Board 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 such reco rd s of Ac cumulated Contributions as are necessary under said Plan. To determine the Credited Service of any Member and to co mpute the amount of Retirement Benefit, or other sum, payable under the Plan to any person . To authorize and direct all disbursements of Retirement Be nefits 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 necessary 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 as 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 under 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 to render such financial statements and reports as may be required by the City Council . -26- ' . .,_ ,. ..; • I • 0 • • .. ,. ---. • ,. •' !'"t ., • -.. ... ' 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 r eq uired of a Plan Administrator under the applicable law s and regulations . 3-6-11-3: MISCELLANEOUS: All proper expense incurred by the Retirement Board m the a dministration of the Plan, if not paid by the City, shall be paid from the Fund when a uthorized by the Retirement Board . The Retirement Board shall have no power to add to . s ubtract 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 elig1b1hty for Retirement Be nefits under the Plan. A member of the Retirement Board shall not vote on any matter relating so le ly to himself or to his rights or benefits under the Plan. If a Board member is so disqualified to act and the remaining members cannot agree , the City Council shall appoint a temporary substitute member to exercise all the powers of the di s qualified member concerning the matter in which he is disqualified . The decision of the Retirement Board and any action taken by it in res pect 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 s hall be construed as giving to any Member or other perso n 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 : Th e Retirement Board of the City, and its members, are hereby appointed and co nstituted Trustee of the Retirement Plan Fund and s hall 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 s hall have any -27- ' . ', 'l ) I • 0 • • • .. ~ ,,,-. • ... •,, .. • -' ... ' interes t in or right to any part of the assets of the Fund e xce pt as a nd to the exte nt expressly provided in the Plan. 3-6-12-3 : PURPOSES AND AUTHORITY OF THE TR C STEE: It is the purpose and intent of the City in co nstituting a nd a ppoi ntin g the Retire ment Board as Trustee of the Trus t Fund to gi\·e the Retirem ent Boa rd full pow er to establish s uch investment or purchasing program s as the Retire ment Board may deem ne cessar y or appropriate to provide assurance that there s h all be a n adequate source for the payment of a ll benefits provid ed he r ein . The Trustee, however, s hall not be responsible fo r the collection of a n y C1ty or Empl oyee contributions. In serving as Trustee. the Retirement Boa rd may de t e rmine t o : A. Use the Trust Fund for the purchase of one or mor e group a nnuity . or other . insurance poli cies from one or mor e Insurance Comp a ni es a uthori zed to do business within the State of Colorado. whereby said Insur a nce Co mpa ny agrees to pay all or a portion of the be nefits he re m p r o,·ided fo r ; o r 8. Contract with a co mmercial bank. chartered und er ei ther the statutes of t h e State of Colorado or the Cnited States of America a nd domg bu m ess withrn this State, with a trust co mp a ny org a nized pur uant to the s t atutes of t he State of Colorado and doing busin ess within th.i State . or with a me mber of the New York Stock exchange or the American Stock Ex cha n ge . d omg bu m ess within this State, to have any of such pa rties invest fund on be half of the Trustee; or C. Directly invest the assets of the Tru t Fund: or D. Establish an investment program . partly fund ed by ins urance a n d pa rtly funded by investments: or E. Retain on a discretionary bas is an mvestment adVJso r li ce nsed as s uch unde r the United States Inves tment Adviso r 's Act of 1940, whic h investme nt a dvi sor is also an investme nt co unse l as defin ed m said Act. 3-6-12-4 : INVESTMENTS: In serving as Trus t ee, the Retire me nt Bo a rd s hall be a uthorized a nd empower ed , in its so le discretion, to inve s t and reinvest the Trust Fund AS FOLLOWS : , .. ithe .. t fiietindien !,et .. een prineip11l anti ineeme , i.ft s11eh eemmen steeks , preferrefi steelts , !,enfie, netee. fieeent11res , mert,:11ges , eertifie11tes anti ether see .. rities . in. estments , real er perseP111l prepert, ef an, ltinfi , inehtfiin,: pltl'eh11se anti lease !,11ek tr11ne11etiens . iflterests in eil anti ether fieplet11ele n11t111"11I reseltl'ees, in. estment in m11t11al £..ntil! (e pen enfi er ether .. iae ) as it 1!111) fietermine , .. ithe .. t re,:11rfi te .. hether s11eh iP11estment8 11111, preti .. ee eltl'rent ineeme, pre,ifiefi , he .. e,er. that shettlfi the Retirement 8e11rfi fietermine te make in,estments fiireetl), .. ithe .. t an in, estment m11n11,:ement eentr11et .. ith !I !,11nk . tr11st eempan, in. estment ee11nseler er st:eelt eiteh11n,:e memeer , then the felle .. in,: limit:fttiens shall 11ppl,. A. The 11ggreg11te ef mene, 8 in. estefi in eerper11te sleek ef 11ll ltinfis, tegether .. ith mene) 8 iPI, estefi in eerper11te !,enfis een, erti!,ie te eerper11te steek, sh11ll net elteeefi thnt, pereent (39%) efthe !,eek ,11l11e efthe 11seets efthe Tr11st F11nfi lleing fiireeth in,estefi, anti ASSETS OF THE RETIREMENT FUND (OTHER THAN ASSETS OF THE DROP ACCOUNTS) SHALL BE INVESTED -28- • ' . . .. I • 0 - • • .. ,. ,.-· • . · .. ·, • -.. .. IN ACCORDANCE WITH COLORADO REVISED STATUTES SECTION 15· 1.1.-102 , UNDER THE UNIFORM PRUDENT INVESTOR ACT . B . l>le in, estmer1t in the steek, er eer1, ertil,le l,er1as , ef !ll'IJ single e6Pp6rt1tier1 sht1II e.ceeea £i, e pereer1t (&%) ef the l!eek , 11h1e ef the t1ssets ef the Tust F'tlfta l,eing ai:reetl, in,estea, t1r1a ASSETS OF THE DROP ACCOUNTS SHALL BE INVESTED IN ACCORDANCE WITH COLORADO REVISED STAT UTES SECTION 24-54-112 (3) (c). G. .\t 1'16 time sh11H the Trt1st Ft1na hela mere tht1r1 se, er1 per eer1t (7%) ef the et1tet11r1air1g eteelts er l,er1as ef 111'1~ eerper11tier1. 3-6-12-5 : TRUSTEE'S POWERS: Subject to the provisions of SUBSections 3-6-12-3 and 3-6-12--l , hereof. in its investment and administration of the Trust Fund, the Trustee is auth orized and empowered with respect to any securities or other property held in the Trust Fund: A. To sell. exchange . convey , trans fer , lease for any period . pledge . mortga ge , grant options , contract with respect to or otherwise encumber or dis pose 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 application of the purchase money or to inquire into the validity, expediency or propriety 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 procee ding 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 power of substitution. D. E . F. 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 to deposit them in any voting trust or with any protective or like committee o r with a trustee or depositories designated thereby, or to exercise any rights to s ubscribe for additional stocks, bonds or other securities and to make any and all necessary payments therefor, and to join and participate in or to disse nt from and oppose any reorganization, recapitalization, consolidation, liquidation, sale or merger of corporations or properties in which it may be interested as Trus tee , 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 . To retain, manage, operate, repair, improve , partition, dedicate or otherwise deal with any real estate held by it. -29- ' ~ I • 0 • • -• • ~ .,-. • .. . . • -' ' G . To retain uninvested such cash as it may deem nece ssary. without obhgat10n to pay interest thereon. H . In general. to exe rcise all powers in the management of the Trust Fund wluch any individual could exercise in the management of property owned in his own right. Necessary parties to any accounting, litigation . or other proceedings sha ll include only the Trustee and the City Council , and the settlement or judgment m any such case in which the City is duly served or cited s hall be binding up on all Members. Retired Members. Vested Members. or Beneficiaries under the Plan. and upon all persons claiming by, through or under them. 3-6-12-6 : ADMINISTRATION OF THE TRUS T F UND: The Trustee shall pay or distribute all Plan benefits from the Trust Fund in such form , in such amounts, at such times and to such payees as may be authorized by the Retirement Board . The Trustee may employ s uitable agents and counsel. The expenses incurred by t he Trustee in the performance of its duties her eunder and all proper charges a nd disbursements of the Truste e , including all taxes lawfully assessed upon or m re s pect of the Trust Fund or its income . s hall be charged and paid by the Trustee from the Fund. No me mber of the Retire ment Board, as Trustee. s h all receive compensation for hi s sen;ce as s u ch but s hall be e ntitled to be r eimbursed for any expenses incurred by him on behalf of the Trust Fund to the extent that s uch expenses are not paid by the C ity . The Trustee s hall keep detailed , accurate accounts of all inves tments, receipts and disbursements and other transactions hereunder. All accounts , boo ks and record s relating thereto s hall be ope n to inspection by any person designated by the City at all reasonable times. The Trustee shall maintain such records . make s uch computations and perform uch ministerial acts as the City from time to time may request. On or before August 1 and February 1 of each year . the Trustee s hall file a r e port with the City in such form as the City may request. This report s h a ll s how a ll purchases, sales. receipts, disbursements and other transactions effected by the Trustee during the six (6) month period for which the report is filed . It s hall contain an exact description, the cost value as shown on the Trustee's books and the market value as of the end of such period of every item then held in the Trust Fund . The Trustee shall be forever relieved from all liability to the Ci t y , the Fund, and any 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 matter 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 received by it as herein provided nor for any expense or liability , hereunder, nor for any los s 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 401(a) and that the Trust hereby established is at all times tax-exempt under Internal Revenue Code Section 501(a), as amended , -30- ' ' ' I • 0 ·] -. • • .. .. .,,.-- • J• .. . . • -., or a s u ccesso r provi sions. The Trustee s h all have no respo ns ib ility fo r the accur acy of any in for mation furni shed it by t h e City . 3 -6 -1 2-7: RE MOVAL OF TRUS TEE : othing herei n s ha ll be co n strued to prohibit the City Co unci.l from r emovi n g the Retire ment Board as Trustee of the Retirement Fund by appro priate amendment to this agreement . Upon r emo va l of the Trus tee , the City Co uncil s h all a pp oi nt a s uccessor Trustee or Funding Agent. U pon delivery by the removed Trus t ee to its s ucce ssor of all property of the Fund, Je ss such reasonable amount as 1t s ha ll dee m necessary to provide for its expenses, and a ny taxes or advances ch a r geable or payable out of the Fund. the successor Trustee or Funding Agent s hall t h ere up on have the powers a nd duties as are co nferre d upon it by the Trus t Agreem e nt or group a nnuity contract. No s uccessor Trustee or Funding Agent s h all h a ,·e a ny obliga tion or li a bility with r es pect to t h e acts or omi ssion of its predeces or . 3 -6-13 : RETIREME NT BENEFITS A:-J D RIGHTS I NALIENABLE : 3-6-13-1 : I NALJE NABILITY : Members, Retir ed Members, Vested :\-!embers a nd the ir Be nefi cia r ies unde r the Pl a n are he r e by re strained fr om selling. transferring, a nticip ating, assigning, hypothecating, or otherwise di s posing of their Retireme nt Benefit. prospective Retirement Benefit. or any othe r rights or interest under the Pl a n . a nd a ny attempt t o anticipate , ass ign, pledge , or otherwise dis pose of t he same sh all be void . Said Retirement Benefit, prospective Retirement Bene fit and rights and inte r est s of said Members, Retired Members, Vested Members or Benefi cia rie s s h all not at a ny 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 attachme nt, exec ution. or other legal process . No twithstanding the foregoing , t h e Retire ment Board may approve payment teen alterneti,e pe,ee l,esetl: ttpen 8ft) "tlttBli:fietl: tl:emestie relatiene er!ler" ae !lenne!I in ll'lternel Re ,entte Gede See tien 11 H,Jl ), eml stteh pe; ment shaH net l,e !leeme!I te l,e a prehtl,ite!I eltenatien ef l,enefits . A. ASSIGNMENTS FOR : CHILD SUPPORT P URPOSES PRO\.lDED FOR I N CO LORADO REVISED STATUTES SE CTIO NS 14 -10-11 8 (1) AND 1-1 -1-1-10 7 . AS THEY EXISTED PRIOR TO J ULY 1 , 1996. B. I NCOM E ASSIG~'MENTS FOR CHILD SUPPORT PROVIDED FOR I N CO LORADO REVISED STAT UTES SECTION 14-14-111.5 . C . WRITS OF GARNISHMENT THAT ARE THE RES ULT OF A JUDGMENT TAKEN FOR ARREARAGES FOR CHILD SUPPORT OR FOR CHILD SUPPORT DEBT , AND D . PAYMENTS MADE IN COMPLIANCE WITH A PROPERLY EXECUTED AND CERTIFIED COURT ORDER APPROVING A WRITTEN AGREEMENT DIVIDING RETIREMENT BENEFITS BETWEE N A MEMBER AND AN ALTERNATE PAYEE ("ORO"), ENTERED INTO PURSUANT TO COLORADO REVISED STATUTES 14-10-113 (6). -31- . ' ' ) I • 0 - • • /• . ... 3·6 -13 -2: BA NKR UPTCY: .. • • •• .. If a n y Me mber. Retired Me mbe r , Vested Member or Benefi ciary s ha ll beco me ba nkrupt or attempt to a nticipate, a ssign or pledge a n y benefits under t he Pla n , then such benefits shall, in the discretion of the Retirement Board. ce ase , and in that eve nt the Retirement Board shall have authority to ca use t he sam e, or any p a rt thereof, to be held or applied to or for the benefit of such Member, hi s s po use , his children , or other dependents , or any of them , in s uch ma nner a nd in s u ch proportion s as the Retirement Board may dee m prope r . 3-6-14 : MODIFICATION OR TERMINATION OF PLA N: 3-6-14-1 : EXPECTATION : It i s the expectation of the City that it will co ntinue this Plan a nd the p ay ment of its contributi ons hereunder indefinitely , but co ntinuance of the Pla n is n ot assume d as a contractual obligation of the City. 3-6-1 4 -2: AMENDMENT: The City reserves the right to alter, ame nd . or termi na t e the Pla n or a ny part the r eof in s uch manner as it may determine , and s uch a lte r a ti on . a mendm e nt or termination shall take effect upon notice t he r eo f from the City to t h e Reur eme n t Board; provided that no such alteration or a mendment s h a ll provide t h a t the Retirement Benefit payable to any Retired Member shall be less t h a n that provided by his Accumulated Contributions or affect the right of a ny Me mber t o r eceive a refund of his Accumulated Contributions and shall not directly or indirectly r educe any Member's Accrued Pension. And provided further , that no alteration or termination of the Plan or any part thereof s hall permit any part of the Fund to revert to or be recoverable by the City or be used for or diverted to purposes other than the exclusive benefit of Members , Retired Members. Vested Membe r s or Beneficiaries under the Plan, except s uch funds , if any , a s may remain a t termination of the Plan after s atisfaction of all liabilities with respect t o ~embers, Retired Members , Vested Members and Be neficiaries under the Plan and are due solely to erroneous actuarial assumptions. Further, no amendment shall cause the elimination of an optional form of benefit nor the elimination or r eduction of an early 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 provision s of Internal Revenue Code Section 40l(a ), as now in effect or hereafter amended, a nd any modification or amendment of the Plan may be made retroactive , as nece s sary 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 2- •, \ . ) I • 0 • • 1• ... • • •• .. In the event of a partial or co mplete termination of the Plan, the Accrued Be nefits up to the date of termination by the affect e d Employees and their Beneficiaries shall be nonforfe itable a nd a ll affected fund s hall be a lloca ted to affected Members , Re tired Me mbe r s, Vested '.\1 e mbers a nd Beneficiaries on the fo llowing priority bas is of: A. An amount eq u a l t o the Acc umulate d Co n t ribution s, or bala n ce thereof. which would be paya ble to the '.\1 e mbers , Retired '.\!e mbe r s. Vested Membe r s or Beneficiaries s h o uld death occ ur on the date of the termination of the Pl an . B. An amount of the rem airung assets eq ual to a pro rata portion determine d on the basis of the ratio that the actuarial rese rve for his Accrued Be n e fit minus the amount in A . above credited to him bears to the total of uch a ctuaria l reserves minus the aggregate of amounts allocated unde r A. a bove . 3-6-14-6: DISTRIBUTION: When the assets of the Trust Fund have been a llocat e d as indicated a bove . t h e distribution may be made in the form of cash or n ontra n s fe r a ble ann u ity contracts as determined b y the Retire ment Board, provi d ed that a n y affected fund s r e m a mmg after the satisfaction of all liabilities to a ffe cted Me mbe r s , Re tire d Membe r s ,\ este d Members a nd Beneficia ries under the Pla n m ay b e withdra wn by the Re tire ment Board from the Fund and refunded to the City. 3-6-15: BEJ!>lEFIT RESTRICTIOl>lS m1 EARLY TER?/H?I.\TION : RE SERVED a 6 u; 1. RESTRICTIO~lS 01>1 TWEl>lTY FIVE HIGHEST P:\ID EMPLOYEE S EFFECTIVE PRIOR TO JM1U:',R¥ 1, 1993. Tms Seebt111 sets furth the ltmitatit111s reqtHrea e, the I11te111al Re,e11tte Ser,iee 611 the Emplt1)er et111trihtttie11s .. hteh ma, he ttsea fut the ee11efits efeertain EmpleJees . Tms Seetie11 shall appl) te a11 Emple,ee e11I, if his a11tieipatea !lftfttt!I! PeHsieH e .teeeas e11e thettS!lfta fi,e htt11area aellars (Sl ,699 .99) !lfla the Emple,ee .. !IS ame11r; the t .. e11t, fi,e (26) highest paia iHai.'iattals efhis Emple,er at the time t1 f stteh Empie, er's imtial estahlishme11t ef the P!aft ("Pla11 " fer pltftleses ef this Seetie11 , inelt1aes the Pre. ietts Pla11) er the aate ef a stthseqtte11t ame11ame11t .. h:i eh sttheta11tiaH, i11e1 easea the pessihilities ef !i:iserimi11atit111 as t6 Pla11 henetits . The limitatie11s set ferth i11 this Seetie11 shaH heet1me applieaele if. A . The Plal'I is termi11atea .. ithi.11 teft (19) ,ears after its i11itial estahlishmeftt, Br B. The Pe11sie11 ef !Ill Empie) ee heeemes !l!I) able .. ithift te11 (19) , ears after the initial estahlishme11t ef the Pla11 . lfstteseetie11 B ahe,e is !l!l!llieaele , the 1est1ietiefts .. iH 1emttin i11 eff.eet ttfttil the Pla11 has heel'! i11 e!Jeet fur ten (19) , ears frem the i11itial estaelishmeftt a11a, if at that time , the fttl.l ettrre11t eests ha. e eee11 ftt11aea . the restrietie11s .. ill 11e lel'lr;er appl,. Ifstthseetiel'I B ahe,e is applieahle a11a the fuH ettrre11t eests ha.e 11et eee11 ftt11aea alter the Pla11 has hee11 il'I e!Jeet fer te11 (19), ears £rem the imtial estahlishmel'lt, the limitlltiel'ls shaH ee11ti11tte t6 appl) tt11til the fttH ettrre11t eests ha, e hee11 ftt11aea . -33 - • ., . ' ) I • 0 • • • .. ,. ,,. . • .. , . ... • • ~ ... ' If the Eimple3 er eel'ltr1ettl:iel'la a, e sttffieiel'lt te meet the fttH ettr1el'lt eests af the Pis!'! !It the el'!!i ef tel'! (Hl\ _. esrs ft-em the !late ef the Plal'l '!I il'liti81 eataelishmel'lt. er l8ter if the fttll etttrel'll eeats are thel'I met fer the first time after a11eh tel'! (I Gl _. e8r perie!i. the e.1eess ef eel'lefita pa3 sele ttl'l!ier the Pl61'l e11t pre nett!II) l11n1te!i l,3 this Seetiel'I . e, e1 the 6mett!'lts 8etttaH) p81!i sh8H ee psi!! 11'1 a lttmp attm te the rettte!i er termil'lste!i :Vlemeer . ifl,.rng, er if !ieee6ae!i . 1:e h1a 1'16me!i 8el'lefiei6r, er est6te . lfsl'l Eimple,ee 13 atteieet te the pre,isiel'la efthia Seetiel'I . the EimJlle3er eel'ltr1ettt1el'ls .. h,eh ma, ee 11se!i fer his ee!'lefits shaH !'let e.,eee!i the greinest ef the felle .. il'lg. G . T .. e!'lt) thetts61'!!i !ieHsrs (828 ,888.88), er ~ .'.fl smett!'lt eempttte!i l,3 mttltipl)il'lg tne!'lt3 peree!'lt (28%) efthe &rst ltft3 thettesl'l!i !ieHsrs (l!l6e ,eee.ee) ef the Sl'll'ltt61 eempenast,el'l ef the Eimple. ee 11,erege!i e,,er his l6st fi,e (6) 3e11rs efp11rtieip6tiel'l . er 6etttsl ,esra, if le.as than 6, e (6) 3 ears, l,3 the l'lttmeer ef) e6rs l,et" eel'! the !iste ef the 1l'liti6l establishment ef the Pl6n I,) stteh EimJlle) er !l!'l!i -l-. 2-. The !i6M ehermil'letiel'l ef the Pl!ll'I 8S te atteh Eimple, e,. e r i!'l the e6se ef "" EimJlle) ee !ieser1ee!i ll'l atteaeet1e!'l 8 ef tlHa Seet1el'I . the !late his Be!'lefit eeeemes r,113111,le . ,f eefere the !i6te ef atteh termil'lati e l'I ef the Plel'l . He .. e, er, if the fttH ettrrel'lt eeete ef the Plel'l he, e !'let l,eel'! met e, atteh Empie) er e!'l the !late !ieeeril,e!I ll'I e 11el!f!et1el'le D l e r Dl! ef this Seetiel'l .. hiehe,er is IIJlJllieeele , the!'! the !il!te efthe fetlme te meet stteh ettrre~t eests shell l,e sttestitttte!i fer the !late referre!i 1:6 il'l s 11eeeetiel'ls Dl er Dl! ef this Seetiel'l. Fe,r pttrpeees ef !ieterm1n1n1: the ee!'ltrietttiel'ls ,. hieh m113 ee 11ee!i fer the eel'lefit ef !ll'l Empie., ee .. hel'l s tte seetien Dl! ef this Seetiel'l eppl,ies . the l'lttmeer ef 3 e 1118 tsliel'l i:nte 6eeettnt m6) ee reeempttte!i fer eseh 3 ear i.f the fttll etlf'rel'lt eests ef the Pl61'1 6re met fer stteh )e6r e) his Emple3er. The l,imitstiene !ieseril,e!I see, e m6) l,e e.1eee!ie!i fer the Jlttrpese ef mslting ettrrent eenefit ps) ments te r eti:te!i EmJlle3 ees w he .. ettl!i ethen, ise l,e sttl,jeet te stteh restrietiel'ls , p, e, i!ie!i that l ) the ee!'lt rietttiel'le .. hieh m113 l,e ttse!i fer lll'l) atteh retire!! Empie, ee in 6eeer!i111"1ee .. ith the reetrietiel'le heretefe1 e il'!!iieete!i ere llpJllie!i either te Jlrelt!ie a le.el 6mettl'lt ef Pe!'lsien in the eeeie ferm ef8e!'lefit prelt!ie!i fer tt!'l!ier the Plan fer stteh Emplt1)ee (er II le, el amettl'lt ef Pel'lsiel'l il'l s!'l eJltiel'l61 ferm ef Bel'lefit , net grester il'l sme-t thftl'l the le, el amemu Bf Pel'l@ien ttn!ier the l,aeie ferm ef Be!'lefit), an!i l!) the Pel'l@ien thtte Jlre, i!ie!i ie sttpplemel'!te!i 6) mel'lthl) p6) ments te the extent neeess6r, te pre lt!ie the full Pe!'leien il'l the eaeie ferm eaHe!i fer e, the Pla!'l , a!'l!i a) s tt eh sttpplemental pa) mente 6Ie ms!ie enl) if the fttll ettrrent eeete 1:1f the Plsn he,e l,ee!'l met er if the 11g!:feg11te ehtteh ettpplementel pe)ments fer sll etteh retire Ii Empie) eee !lees !'let e.1eee!i the sg!:fegete eel'ltrletttiene slree!i) ms!ie ttn!ier the Plan in the Yesr then etlf'rent. The term "eenefite" ee ttee!i in thie Seetiel'l 11h11ll net il'leltt!ie the eeete ef an) !ieeth l,enefite "ith reepeet te lll'l Empie, ee l,efere retirement, ner -34- • ., • . ' I • 0 - • • .. ~ --. • .. .. • -' ' ~ the amettftt ef BflJ 6e!!th beftefits aetttall, Jl8J able after the 6eath Bf 81'1 Empie) ee .. hether stteh 6eath eeettrs befere ar after I etiremeftt. 1ft e6ftfermit, ii ith Seetieft 1.-401 He)(2) ef the Tt e!!Stlt'J Regttlatielis. if the Plaft is amen6e6 te tfterease sttbstalitiaH_. the e.tteftt ef pessible 6iserimiliatieft as te eBfttribtttielis 81\6 as te beftefir.s aetttall) Jl!I) able ttJl6ft sttbseqtteftt termiftatieli ef the Pia!\ et sttbseqttel\t 6iseeftti11ttal\ee ef eefttribtttiefts therettft6er, theft the pre. isiel\s ef this Seetieli sheH be applie6 te the Plaft es se ameft6e6 11s if it .. ere thel'I a flt ... pleft establishe6 6ft the 6!!te ef stteh smel\6meftt, e.ieept thst. ift pl11ee ef the limit 6eseribe6 il'I Seetieft 1. ~81 -4(e)(2)(iii), ef the T1 essttr, Regttletielis . the Empie) er eefttribtttiefts .. hieh ml!) be ttse6 fe, the bel'lettt ef !!ft Empie) ee .. he is sttbieet te the pre ,isiefts ef this Seetieft .~h11H !\et e.teee6 the gre11test ef the felle .. ilig. Fr. The Empie) er eentribttttefts (er fttft6S attribtttable therete) ii Joaeh .. ettl6 ha. e been spplie6 te pre."ide the beneltts fer the Emple,ee if the Pis!\ prier te smeftdmeftt ha6 bee ft eefttilitte6 .. ithettt ehsftge. F . T .. eftt) thetts!lft6 6eH11rs (628 ,888 .88). G . The sttm ef 1) the Empie) er eefttribtttiefts (e r fttft68 sttribtttsele therete) .. hteh .. etthi ha,e beeft spplie6 te pre,i6e beftefits far the Emple)ee tt!'lder the Pls!i prier te smen6meftt if it h11d eeeft termiftsted the 68) befere the effeett. e 68te efehaftge, !lft6 2) !lft smettftt eemptttd 6) mttltipl_.ilig t .. el'lt) pereel\t (28%) ef the !irst fift) thetts!lftd 6ellars (l!i&8,888.88) ef the 81\ftttal Cempeftsstieft ef the Emple,ee s,erage6 e,er his last fi,e (&) )esrs efpartieipatiflft, er aetttal )ears. if less thsn fi, e (&) , esrs, tl) the littml!er ef Years eet .. eeft the 68.te ef the ameftelmeftt ef the Plal'I tl) the Empie) er 8ftd +. The eiflte efterminflt.ieft ef the Plaft tl) the Empie, er, er i!-. !ft the esse ef 8ft Emple,ee eleserieeel ift sttbseetien B ef this Seetien. the el.ate his Be!'lefit beeemes I'll) al,le , if befare the elste ef stteh terminatien ef the Pl1tft . a 6 l& 2. RESTRICTIONS OF TWE~JTY FIVE HIGHEST PAm EMPLOYEES EFFECTEE> !5TER E>ECEMBER a1 , 1992 . A. B . Restrietieft ef Beftelits . 1ft the e, el\t ef Plaft terminstieli, the Beftefit herettn6er ef 8ft) highl) eempeftsated Empie) ee aftel an) highl) eempensate6 farmer Empie) ee (ss defined in Cede Seetieft H l(Q)) is limited te s l,rnefit thst is ftefteliseriminster) ttnder Cede SeetiBft 481 (:\)( I). Restrietiel'I en E>istribtttieft. The !lflnttal pa) meftts te 81\) "High 2&" Empie) ee (defined l,ele .. ) ate restrieteel te ltft 1tmet1ftt eqttal te the Jl!l)meftts thst .. etthi l,e made en l,ehalf ef the Empie) ee ttfteler 1t siftgle life anftttit) that is the Aet11arial Etttti. aleftt ef the sttm efthe Empie) ee's .\eer11ed Benefit snd the Empie) ee's ethet eenefits ttneler the Plan. The restrietiefts de ftet appl), he .. e,er, tf. +. Mer I'll) ment te stteh Empie) ee ef 811 stteh l,enefits, the , altte ef the Plan assets ettt11tl er elteeeels ene httftelreel ten pereeftt (118q~) ef the , 1tl11e ef ellffent liabilities (as defined in Cede Seetieft 112(1 )(7)). er -3 5- . .. ' I • 0 • • -• .. • ,,,.. . • J • ,. ... • -.. ... f!.:. Tl,e ,B.lt1e ef s 1:1el, liette!tts for s1:1eh aft Empie., ee is less thaH 6He iie.eeHt (1%) ef t h e • B.it1e efs1:1eh el:lf'rettt !iB.liilities. G . E1.ni,le)ees Whese Bettefits .~e Restrieted (Higl, 26 Emf1l6)ees). The Emf!le., ees for 8.ft) got. ePI PIB.H) eB.r .. l,ese lieHe!tts tu e I estrieted ttnder s1:11lseetieP1 B B.be,e ("Higl, 26 Emflle)ees") ittel1:1de tke t .. ettt., fi,e (26) mghest pB.id . fer s1:1el, PIB.H) eB.r , ef 8.H higkl) eemf!ensated Emflltl) ees ttnd highly eemi,ettsated for mer Emi,le)ees (as de!tHed ttttder Cede SeetieH 11 l(Q)). B,. "Bettefit" Defitted . Fer tl,e f1l:lf'fl6Ses ef s1:11lseetiett B alie,e , "BeHefit" 1tte!ttdes leans in e.,eess ef tl,e ame1:1nts set fort!, in Cede Seetien 72(!'1 )(2)(.\), !!ft., f!etiedie iP1eeme, 8.ft) .. itl,drB. .. 8.I ,11!1:1es fla)11lile te s li,ittg Emf!le)ee . 81'1!! !IH.< de 11th liettefits ttet fire. ided for Ii) 1ns1:1rB.ttee 6ft the Em file., ee's life . 3 6 16 3 .. \MENDMEJ>IT OF Pb',N: If the PIB.PI is amettded te inereB.se benefits .. ioueh .. e1:1!d sttlistB.HtiB.H) iHereB.se the e .,teftt ef f16Ssilile diseriminatieH as te eeP1trili1:1tiens er 8.3 te benefits 1:1i,er1 te1 minB.tieH ef the PIB.n, tl,e restrietiens set fort!, al,e,e 1H Seetiens 3 6 16 I !!Hf! 3 6 16 2 ( .. hen eael, Seetien is effeeti. e), shB.ll lie 8.flfltted te tke PIB.H ss if It .. e1 e 8. ne .. fllB.n estB.1'1ished en tl,e date ef s1:1eh eh,rnge . 3-6-16 : LIMITATIONS : 3-6 -16-1 : REEMPLOYMENT OF FORMER NONVESTED '.\1EMBERS : If a '.\1 e mber's employment terminates prior to lus becoming a Ve sted Member and the :\1 e mbe r is ubsequently reemployed as an Employee , such Member shall not be e ntitle d t o receive credit for his previous Credited Se rvice under the Plan, except a s pro \'ld e d m SUBSection 3-6·4·3 hereof. 3-6 -16 -2 : REEMPLOY1\1ENT OF FORMER MEMBERS : If a fo rme r l\lember is reemployed as an Employee of the Ci t y , no Retirem e nt Be nefit paym e nts shall be made during the period of such reemployme nt. Upon the s ubsequent ve sted termination of employment by such a '.\1emb e r , the Membe r s hall be e ntitled to receive a Retirement Benefit based on i) his Cre dited Sen;ce prior t o the date of his previous termination (except Credited Service lost after a fiv e (5) year bre ak under SUBSection 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 received, prior to his reemployment, any benefit payments (whether single s um or periodic) with respect to which Credited Service is restored hereunder, the Retirement Benefit payable upon his subsequent retirement shall be reduced by the Actuarial Equivalent of such payments, other than Disability Retirement Benefit payments, he received prior to his Normal Retirement Date, unless such payment was a single sum that was repaid under SUBSection 3-6·-1·3 hereof. -36- ' . . I • 0 • • .. • • ,~ ... : / .. • -.. ... ., 3-6-16-3: LIMITATION OF BENEFITS: Effective January 1, 1987 , notwithstanding any other provis ion co ntained herein to the contrary, the benefits payable to a Member from thi s Plan provided by City contributions shall be subject to the limitations of Inte rnal Revenue Code Se ctio n 415 in accordance with subsections A and B below : A. Defined Benefit Plan Only . Any annual Pe ns ion pa yable t o a Me mbe r hereunder shall not exceed the le s ser of: 1. Ninety thousand dollars ($90,000.00), adjusted for increase s in the co st of living, as prescribed by the Secretary of the Treasury or his d e legate. effective January 1 of each calendar year and applicable t o t he Limitation Year ending with or within s uch calendar year. or . if greate r . the amount of straight life, or qualified joint and survivor annuity accrued by the Member as of December 31 , 1982 , OR 2 . 3 . One hundred percent (100 %) of the Employee's average earning for the three (3 ) consecutive calendar years , while a Member in the Plan. in which his earnings were the highest. For purposes of this s ubsection , earnings for any Limitation Year shall be the Member's earned income, wages, salaries, and fees for professional services. and other amo unts received for personal services actually rendered in the course of employment with the City (including, but not limited to, commis sions paid salespersons, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses), provided such amounts are actually paid or includible in gross income during such Year. Earnings shall exclude the following : a . City contributions to a plan of deferred compens ation which are not included in the Member's gross income for the taxable year in which contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductible by the Member, or any distributions from a plan of deferred compensation; and b . Other amounts which received special tax benefits, or co ntributions made by the City (whether or not under a salary reduction agreement) towards the purchase of an annuity d escribe d in Internal Revenue Code Section 403(b) (whether or not the amounts 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 less 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. -37- • ' ' ... ) I • 0 • • B. • .. ~ ,,-·· • ,. ',, .. • -' ... ~ 4. In the event that a Member has less than ten (10) years of participation in this Retirement System and predecessor plans h ereto. the dollar limitation otherwise applicable under s ubsection Al above s hall be reduced by multiplying such limitation by a fraction , the numerator of which is the number of s uch Member's years of Plan participation (or 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 Treas ury, be applied separately to each change in be nefit structure hereunder. 5 . In the event that a Member has been credited with less t h a n ten (10) years of service , the percentage-of-average-earnings limitation oth erwise applicable under s ub section A(2) a bove a nd the d oll ar a mount otherwise applicable under subsection A(3) above shall be red uced by multiplying each by a fraction , the numerator of which is the numbe r of such Member's years of service (or part thereof), but never less than one (]). and the denominator of which is ten (10). 6 . 7 . The limitations of this Section apply to a t r a1g ht life annuity with no ancillary benefits and t o a n a nnuity t h at co n stitutes a qualified jomt a nd survivor annuity , provide d payment begin s be twee n ages s ixty-tw o (62 ) and sixty-five (65). If payment co mme nces before age s txty-tw o (62). the foregoing limitations s hall be reduced so t hat they a r e Actuarially Equivalent to such a benefit commencing at age sixty-two (62). However . the reduction ofthis paragraph s hall not reduce the limitation below seventy-five thousand dollars ($75 ,000.00), if payment commence afte r age fifty-five (55), or below the Actuarial Equiva lent of seventy-five thousand dollars ($75 ,000.00) commencing a t age fifty-fiv e (55 ), if payment commences before age fifty-five (55). If payment co mme n ce s after age sixty-five (65 ), the limitation s hall be the Actuarial Equivalent of a ninety thousand dollars ($90,000.00) annual benefit co mme nci ng at age sixty-five (65). The interest assumption for purposes of determining Actuarial Equivale ncy under this paragraph s hall be the in terest r ate otherwise used for purposes of computing option a l form s of income paya ble under the Plan, but the rate s hall not be le s s than five percent (5%) annually if benefits commence before age s ixty-five (65) a nd s hall not exceed five percent (5%) annually if benefits com m ence after age sixty-five (65). FOR LIMITATION YEARS BEGINNING ON AND AFTER JANUARY 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 -3 8- ,. ' ' • ' I • I -~ 0 • • -· • ,. ' ... • • ... which is the projected annual benefit of the Member under the Plan (determin ed as of the close of the Limitation Year), and b ) t h e denominator of which is the lesser of on e hundred twenty-five percent (125%) of the d ollar limitation under Internal Revenue Code Section 415(b)(l )(A) or on e hund r e d forty pe rce nt (140%) of the p ercentage limitation unde r Inte rna l Reven u e Code Section 415(b)(l)(B) for the year of determination (taking into a ccount the e ffe ct of Section 235(g)(4) of the T ax Equity a n d Fisca l Respon s 1b1lity Act of J 9 2). The Defined Contribution Fraction fo r a n y Limitation Year s h all mean a fraction a) the numerator of which is the s um of the a nnual a ddjt io n s (as defined in Internal Revenue Code Section -tl5(c (2)) to the !\1embe r 's accounts under all defined contribution plans maintained by the City as of the close of the Limitation Year (s ubject to r ed u ction to the e xte nt permitted under the trans ition rule in Section 235(g)(3) of the Tax Equity a nd Fi scal Res ponsibility Act of 1982), and b) the deno minator of which 1s the s um of the lesser of on e hundred twenty-five percent (125%) of t h e dollar limitation under Internal Revenue Code Section 415(c)(J)(A) or on e hundred forty percent (140 %) of the percentage limitation under Inte rnal 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 , howeve r , at the e lection of the Retirement Board, the denominator shall be increased by u sin g fo r Limitation Years ending prior to January 1, 1983 , an amount eq ual to the denominator in effect for the Limitation Year e nrung in 1982, multipJje d by the transition fraction provided in Internal Revenue Code Section 4 J5 (e)(6)[B1). If, in any Limitation Year, the s um of the Defined Be n efit Plan Fraction a nd Defined Contribution Plan Fraction for a Member would e xceed one (1.0) without adjustment of the amount of the maximum annual p e nsion that ca n be paid to such Member under paragraph Al of this SUBSection, then the amount of the maximum annual pension that can be paid to s uch Member under paragraph Al , HEREOF, ef this Seetien, shall be r e duced to the extent necessary to reduce the sum of the Defined Benefit Plan Fraction and De fin e d Contribution Plan Fraction for s uch Member to one , or the Retireme nt Board m ay take such other actions a s will cau se the sum t o equal one (1.0) or less. For purposes of thls Section, the Limitatio n Yea r s hall be the ca le ndar year. THIS SUBSECTION B , SHALL NOT BE EFFECTrVE FOR YEARS BEGINNING ON AND AFTER J ANUARY l , 2000 . 3-6-16-4 : CONSOLIDATION OR MERGER: The Plan s hall not be consolidated or merged with , nor s h all a n y assets or li a bilities be transferred to any other Plan, unless the bene fits payable to each Member if the Plan were terminated immediately after such action would be equal to or greater than the benefits to whlch such Member would have bee n entitled if thls Pla n had been terminated immediately before such action. -39- . < I .. • 0 •• • -• .. • .. .. • • .. ... 3-6-17 : MISCELLANEOUS PROVISIONS : 3-6-17-1: RIGHTS OF ME:\!BERS : Each Member shall be advised of the general provisions of the Plan and upon written r equest addressed to the Retirement Boa rd s hall be furni s hed with a ny information requested regarding his status. rights and privtleges under t h e Plan. Neither the establishment of the P lan . the granting of a Retirement Be nefit , nor a ny action of the City or the Retirement Board s hall be held or co nstrued to co nfer up on any person any right to continue employment, n or . 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 unde r the Pla n , except s u ch rights, if any , as may accrue to him upon his retirement from the service of the City under the provisions of the Plan while it is in effe ct . All s uch benefits a re payab le solely out of the Trust Fund a nd in no event s hall the City, the Trustee, or the Retirement Board members be liable therefor. Neit he r the esta bli s hm ent of this Plan, nor any amendment or modifi ca tion the r eof. nor failure of the City to provide s ufficient contributions to the same s ha ll be co nstrued as giving to any Me mber , or other person, any legal or equitable right again st the City. or a ny office r or direct or thereof, or against the Retirement Boa rd , or a ny :\•!ember thereo f. 3-6-17-3 : DIRECT ROLLOVERS : A. GENERAL. THIS SECTION APPLIES TO DISTRIBUTIONS MADE O N OR AFTER JANUARY 1, 1993. NOTWITHSTANDING ANY PROVISION OF THE PLAN TO THE CONTRARY THAT WOULD OTHERWISE LIMIT A DISTRIBUTEE'S ELECTION UNDER THIS SECTION. A DISTRIB UTEE 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 I N 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 DISTRIB UTEE, EXCEPT THAT AN ELIGIBLE ROLLOVER DISTRIBUTION DOES NOT INCLUDE : ANY DISTRIBUTION THAT IS ONE OF A SERIES OF SUBSTANTIALLY EQUAL PERIODIC PAYMENTS (N OT 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 -40- • " I • 0 • • / .. • ..--. • ... • • ... CODE SECTION 401 (a) (9); AND THE PORTIO N OF Ai\1Y DISTRIBUTION THAT IS NOT INCLUDABLE I N GROSS INCOME (DETERMINED WITHO UT REGARD TO THE EX CLU SIO N FOR NET UNREALIZED APPRECIATIO N WITH RESPECT TO EMPLOYER SECURITIES). 2 . ELIGIBLE RETIREMENT PLAN . A N ELIGIBLE RETIREME NT PLAN JS AN INDIVIDUAL RETIREMENT ACCO U NT DESCRIBED I N CODE SECTION 408 (a), AN INDIVID UAL RETIREMENT ANNUITY DESCRIBED IN CODE SECTION 408 (b ), AND ANNUITY PLAN DESCRIBED IN CODE SECTION -t03 (a ), OR A QUALIFIED TRUST DESCRIBED IN CODE SECTION 401 (a), THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER DISTRIB UTION . HOWEVER, IN THE CASE OF AN ELIGIBLE ROLLOVER DISTRIBUTION TO TH E SURVIVING SPOUSE , AN ELIGIBLE RETIREMENT PLA~ JS AN INDIVIDUAL RETIREMENT ACCO UNT OR INDIVID UAL RETIREMENT ANNUITY . 3 . DISTRIBUTEE . A DISTRIBUTEE I N CLUDES A N EMPLOYEE OR FORMER EMPLOYEE . IN ADDITION. THE EMPLOYEE'S OR FORMER EMPLOYEE'S SURVI\11 NG SPOl.i SE AND THE EMPLOYEE'S OR FORMER EMPLO'{EE 'S SPO USE OR FORMER SPOUSE WHO IS THE ALTERNATE PA YEE U NDER A QUA LIFIED DOMESTIC RELATIO NS ORDER , AS DEFI N ED I N CODE SECTIO N 414(p), ARE DISTRIB UTEES WITH REGARD TO THE INTEREST OF THE SPOUSE OR FORMER SPO USE. 4. DIRECT ROLLOVER . A DIRECT ROLLOVER JS A PAYMENT BY THE PLAN TO ONE ELIGIBLE RETIRE~ENT PLAN SPECIFIED BY THE DISTRIBUTEE. 5. WAIVER OF 30 DAY NOTICE FOR CASHOUTS OF $5,000 ($3,500 PRIOR TO JANUARY 1, 1998) OR LESS . IF A DISTRIBUTION JS ONE TO WHICH CODE SECTIONS 401 (a) 911) AND 417 DO NOT APPLY , SUCH DISTRIBUTION MAY COMMENCE LESS THAN THIRTY (30) DAYS AFTER THE NOTICE REQUIRED UNDER TREASURY REGULATION SECTION 1.411 (a) -ll (c), IS GIVEN , 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 CO NSIDER THE DECISION OF WHETHER OR NOT TO ELE CT A DISTRIBUTION (AND , IF APPLICABLE , A PARTIC ULAR DISTRIBUTION OPTION), AND b . THE MEMBER, AFTER RECEIVING THE NOTICE , AFFIRMATIVELY ELECTS A DISTRIBUTION. -41- .. . , ) I· 0 . J l • • I I ----------------------------------------------.. ,, • .. • -.. ... Sectjon 2. Safety C)auses The City Council. hereby finds . determine s. and declares that this Ordinance is promulgated under the general police pow er 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. Seyerabjlity 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 s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 Inconsjstent Ordjnances 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 modjficatjon The repeal or modificati on of a ny provision of the Code of the City of Englewood by this Ordinance shall not rel ease. 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 s uch provis ion , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability , as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Sectjon 6 . ~-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. Published as a Bill for an Ordinance on the 25th day of June, 1999. Amended , reintroduced, read in full , and passed as amended on the 61h day of July , 1999. Published as an amended Bill for an Ordinance on the 9th day of July, 1999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -42- • ,, . ., · ... ' ' ' ) I • 0 - • .. --• ./ JI ...... . ' .. • •• .. ... I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of an amended Bill for an Ordinance , reintroduced, read in full , and passed as amended on the G•h day of July. 1999 . Loucrishia A. Ellis -43- .. •, • I • 0 32X ~-J- • ti • l • -------.. ~ _.. • / i·~-~ .. . . .. • . -' .. COUNCIL COMMUNICATION Date July 6, 1999 Agenda Item 11 a ii Subject A bill for an ordinance adopting the City of Englewood NonEmergency Retirement Plan Document (the Plan) Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed this issue at a study session held on September 8 , 1998. Council approved Council Bill , Series of 1999 on first reading on June 21 , 1999. 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. Martin Semple , Attorney at Law, reviewed the proposed Plan and made the following recommended addition to cross-reference applicable Sections in the City Code: Credited service shall not Include any period of time that a member continues working for the City after commencement of the member's participation In the Deferred Retirement Option Plan pursuant to Section 3-6-7-8 . No other alternatives were considered. FINANCIAL IMPACT Based upon current assumption the cost will be approximately $90,000 per year. LIST OF ATTACHMENTS Letter from Martin Semple Proposed bill for an ordinance ., ~ ~ ) I . 0 32 • • • .. • / .. ( • - ... .. MARTIN SEMPLE SEMPLE, MILLER, DeLAY & MOONEY, P.C. Attorneys at Law REESE :\!ILLER KENNETH A. DeLAY PATRICK B. MOONEY CHRISTOPHER E. GDOWSKI The Chancery Building, Suite 1308 1120 Lincoln Street -or counsel- FRED C. KLHLWIL:\'1 KATHLEEN M. SHANNON ELIZABETH J. HYATT JULIE C. TOLLESON Daniel L Brotzman. Esq. City Attorney City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Denver, Colorado 80203 Telephone 303-595-0941 Fax 303-861-9608 June 28, 1999 Re: Non-Emergency Collective Bargaining Agreement Amendment to EMC 3-6: "DROP" Plan Dear Dan: Dl:RANGO OFFICE Telephone 970-884--'402 I have reviewed the proposed amendments to the Englewood Municipal Code 3-6 with the incorporation of the DROP Plan and its potential effect on Article 24 of the collective bargaining agreement between Englewood Municipal Employees and the City of Englewood. The only potential impact is on the calculation of the "number of years accredited service" in subsections (a) and (b) of Article 24 . While the Code revi sio n in Section 3-6-7-SH states that upon commencement in DROP "a member's credited service. final average monthly compensation and accrued benefits shall be frozen." because of the specific reference in Article 24 to the rights associated with the years of credited service as a matter of caution, I would suggest that the Code provision on Limitation on Credited Service in Section 3-6-4-2 specifically include a cross-reference to Section 3-6-7-8 to the effect that to the effect: Credited service shall not include any period of time that a member continues working for the City after commencement of the member's participation in the Deferred Retirement Option Plan pursuant to Section 3-6-7-8. If you have any other questions, please give me a call. Sincerely, SEMPLE, MILLER, DELAY & MOONEY, P.C. _,.~-, ,. /1 /{ -· ~, / ,; Martin Semple MS/Isa • ' . I • 0 . ] • • • .. ... .. ,. • • •• .. BY AUTHORITY . . .... ORDINANCE NO._ SERIES OF 1999 A BILL FOR COUNCIL BILL NO. 46 INTRODUC~ MEMBER~{.i,q~,-r:;,l(l"'IJIIL.II~_::: AN ORDINANCE AUTHORIZING THE "AMENDMENT' TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION AND FUNDING OF THE TRANSIT FACILITIES AND PARKING SPACES AT CITYCENTER ENGLEWOOD. WHEREAS. the City Council of the City of Englewood . Colorado passed Ordinance No. 1, Series of 1997 which authorized the intergovernmental agreement with RTD for the transit related improvements , including parking spaces for 670 automobiles , an eight bay bus transfer facility , pedestrian access from the parking facilities to the station platform . land for RTD Light Rail traction power substation and easements as required to operate and maintain RTD facilities at CityCenter Englewood project; and WHEREAS. this proposed resolution authorized an amendment to the intergovernmental agreement with RTD for construction and funding of the transit facilities and parking spaces at CityCenter Englewood ; and WHEREAS , this proposed amendment addresses changes in RTD funding for the project addition of a pedestrian bridge , increased number of parking spaces, revised completion and acceptance dates and an option for future parking needs ; and WHEREAS, this proposed amendment addresses changes in the scope of the project as requested by RTD including increasing the automobile parking s paces by 240 to a total of 910 spaces and an enhanced pedestrian bridge ; and WHEREAS , substantial completion of the project, under this amendment is required by April 1, 2000 with acceptance by RTD by no later than May 1, 2000 ; and WHEREAS, this proposed amendment also sets forth RTD 's retainage of an option to increase automobile parking spaces by 500 on or before July 31 , 2003 ; and WHEREAS, RTD will be responsible for the full cost of constructing these parking spaces unless the City requires additional parking to meet the needs of its CityCenter Englewood project in which case each of the parties will share the costs based on their proportional usage of the parking spaces; and WHEREAS , this proposed amendment increases RTD grant funding from $2,700,000 to $5,700,000 for project related costs ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: -1- "I .. ... ) I • 0 .. .. • . ]-.. .. .. .. '~ • • f .. .. ~. W ALMART & RTD Costs: Utilities s 1,300.000 Galapago 400,000 Elati 400,000 Signals @ Galapago & Elari 150,000 Site Prep 150,000 Plaza 50,000 Soft Costs 1,2 00,000 General Conditions 400,000 Subtotal Walmart 4,050,000 FromRTD 9,800,000 Contingency 800,000 TOTAL COSTS s 14,650,000 Sources : Walmart $ 3,400,000 ) FromRTD 10,036,000 Other City Sources 1,214,000 TOT AL SOURCES s 14,650,000 • l • I . 0 32X .. ~ ~ . ---· • ,~ -.. .. ' • ... .. -.. ... 0 RTD0nly Costs: Parking garage $ 4,354,000 GENERAL FUND IMPACT Bus Turnaround 593 ,000 Projected Fund Balance s 10,000,000 Bridge 1,165.000 Transfer out : Ramp 19 7,000 Kiewit (1,000,000) Platform 313,000 Civic Center (2,000,000) Inca Signals 100,000 Y2K Project (1,000,000) Inca Roadway 100,000 RTD Additional (I , 700,000) Nonhwest Parking Lot (Selbe) 421,000 Girard ROW (700,000) Stairs 441,000 (6,400,000) Girard 316,000 Floyd 600,000 Ending Fund Balance s 3.600,000 Soft Costs 800,000 ) General Conditions 400,000 9,800 ,000 Contingency 200,000 TOTAL COSTS s 10,000,000 Sources: RTD $ 5,700 ,000 General Fund 1,700,000 PIF Appropriation : Girard 1,034,000 • Santa Fe Landscaping 562,000 Sidewalks 300,000 1,896,000 Use Tax 240,000 Capital Projects Fund 500,000 TOT AL SOURCES s 10,036,000 I • 0 • • • .. ---. • t,._. .. • - COUNCIL COMMUNICATION Date Agenda Item Subject Approval of first amendment to the RTD Intergovernmental July 6, 1999 11 a iii Agreement Initiated By City Manager's Office I Staff Source Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action approves an amendment to an intergovernmental agreement with the Regional Transportation District for the construction and funding of the transit facilities and parking spaces at CityCenter Englewood . Council approved the original IGA via Ordinance 1, Series of 1997. The amendment addresses changes in RTD funding for the project, addition of a pedestrian bridge, increased number of parking spaces ,revised completion and acceptance dates and an option for future parking needs. RECOMMENDED ACTION Staff recommends approval of the amendment. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood passed Ordinance 1, Series of 1997 on January 6, 1997 approving an intergovernmental agreement with the Regional Transportation District for transit related improvements, including parking spaces for 670 automobiles, an eight bay bus transfer facility, pedestrian access from the parking facilities to the station platform, land for RTD Light Rail traction power substation and easements as required to operate and maintain RTD facilities. Substantial completion of the project was initially required by January 1, 2000. The amendment addresses changes in the scope of the project as requested by RTD and agreed to by the City on Englewood, including increasing the automobile parking spaces by 240 to a total of 910 spaces and an enhanced pedestrian bridge. Substantial completion of the project, under the amendment, is required by April 1, 2000 with acceptance by RTD by no later than May 1, 2000 . RTD also retains an option to increase automobile parking spaces by 500 on or before July 31, 2003. RTD will be responsible for the full cost of constructing these parking spaces unless the City requires additional parking to meet the needs of its CityCenter Englewood project in which case each of the parties will share the costs based on their proportional usage of the parking spaces. FINANCIAL IMPACT Increases RTD grant funding from $2,700,000 to $5 ,700,000 for project related costs . LIST OF ATTACHMENTS Proposed Bill for Ordinance. Amendment to January 6, 1997 intergovernmental agreement with RTD I . 0 -- .. • ./ ... • •• ... Sectjon J. The City Council of the City of Englewood, Colorado, hereby authonzes the "Amendment" to an intergovernmental agreement with the Regional Transportation District for the construction and funding of the transit facilities and parking spaces at CityCe nter Englewood , attached hereto as "Exhibit A". Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Amendment" to the intergovernmental agreement with RTD for and on behalf of the City of Englewood , Colorado. Introduced. read in full, and passed on first reading on the 6th day of July , 19 99 . Published as a Bill for an Ordinance on the 9th day of July, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify 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 6th day of July, 1999 . Loucrishia A. Ellis -2- . . .. '· I .. .. ., I • 0 32X • • • .. • ,,.. .. • :,, . ' • - AMENDMENT This Amendment made this __ day of . 1 999 between the City of Englewood (the City) and the Regional Transportation District (RTDl is to the Agreement (the Agreement) ma..:e January 6, 1997 between these parties for the construction of the Project at Cinderella City. 1 . The parties reaffirm the commitment made to one another for the Project as set forth in the Agreement . 2. The parties to this Amendment des ire to prov ide additional funding to the Agreement for an additional 240 park ing spaces w ith i n the newly constructed parking structure to be used by RTD cust o mers ; to provide fund i ng for an enhanced bridge connecting the commun ity p laza at C inderella City , now known as the C1tyCenter Englewood. to the RTD station p l atform ; and to secure the right to construct additional trans it park i ng i n the fu tu re . 3. In furtherance of the goa l s of the parties as set f or t h h ereon and on t he Agreement the follow i ng ame n dme n ts sh al l be in co rp o rated: a. §2(a ) shall be amended to increase t h e n umber of park i ng spa c es provided to RTD by 240 park i ng spaces w it h in a par ki ng structure . for a tota l of 9 10 spaces ; and the park ing rat i o shall not exceed 120 spa c es per acre w ithout RTD 's concurrence. b . § 2 (c ) shall be amended as follows : Access to the stati on shall include a pedestrian bridge from the CityCenter , in su bstantially the location and of the des ign represented by the Master Plan wh ic h h as been presented to RTD . a copy of which is attached as Exhibit A to this amendment . c . § 2 of the Agreement shall be amended by the addition of subsection (il as follows : The City shall reserve the surface park i ng area north of Flo y d Avenue and west of Inca Street in the CityCenter Englewood project , f /k . a Cinderella City , space for an additional 500 parki ng spaces to be made available to RTD at RTD's request. RTD shall inform the City on or before July 31 , 2003 if it will need all or any portion of the additi onal 500 spaces . If RTD requests all or any portion of the 500 spaces. the spaces may be made available within the area as set forth above . If the City constructs , or has constructed the additional parking, RTD will pay for the actual cost of construction . In the event that the City requires additional parking to meet the needs of the CityCenter Englewood project , the City will pay its portion of the actual per space cost of construction. based on an updated parking management plan for the site, and RTD will pay only for its proportional use. If RTD constructs the spaces, the parties will determine RTD's construction cost. and RTD will receive from the City funds such that RTD's contribution will be no more than its proportionate share of the cost based on its use. provided that the City requires additional parking spaces to meet the needs • ... E ., H I II I T A ) ' .. I • 0 • • .. ~ ,,-. • '· • -' of the CityCenter Englewood project, based on an updated park i ng management plan . RTD will provide notice to the City not less than 15 months prior to needing up to the additional 500 spaces and a determinat ion as to whether the City or RTD will construct the park i ng will be made based on the parties ' respective ability to complete the parking in a timely fashion, w ithin the designs, standards and spec1ficat1ons of the CityCenter Englewood project . at t he lowest cost . An RTD transportation easement to the City's lease of the subject property will attach to any parking constructed under this provision . A ll provisions regard i ng RT D r evi ew and approval of plans and spec ifications and any other app licable portion of the Agreement will app ly to any parking constructed under this provis ion . d. §3 of the Agreement s hall be amended to show an inc:aase i n funds from RTD for the Project in the amount of $ 3 m illion. bringing to the total of RTD funds committed to five million seven hundred thousand dollars ( $ 5 . 700 ,000 ). e. §5 (f l of the Agreement shall be ame nded to re'lect ew dates of April 1 , 2000. for substantial complet ion of the work . and May 1 . 20C . f or acceptance by RTD of the completed ProJect i mproveme nts . f. §6 shall be amended as follows: Th e City acknowledges and understands that RTD 1s committed by contract with the Federa l Trans it Adm inistrat ion o comp lete , 1nc lud1ng testing and training, and open its So uthwest Co mc!or Light Ra d Pr oJe c t , inc ludin g the Project improvements by the opening date in July 2000 . The City warrants that all work contemplated by the Agreement sha ll be substantially completed not later than Apri l • 2000 , an d be pe rform ed essent ially in accordance with the schedule shown in Ex hibit C . In the event that it appears to the City or RTD at any time up to Febr uary 1. 2000 . that the City w i ll be unable to complete the ProJect. or to construct temporary contingency park i ng and bus transfer w ithin the Project Area identified 1n Exhibit A , the parties shall so st ipulate in wr iting , and RTD shall have the option to itse lf complete the Proje ct or construct temporary cont i ngency park ing w ith in the Project Area . and deduct those construction costs from the total funds of $5 ,700,000 . Constructi on by the City of temporary cont i ngency park ing shall be initiated by no later than February 1 , 2000, and sh all not cause an i nc r ease in the financial contribution of RTD nor relieve the City of the obligation to complete the Project at a new date to be negotiated by the parties . The C ity agrees to incorporate into the contract w ith the Master Developer language making RTD's transit improvements and parking, the Project , a pr io rity of the contract, and shall include contract milestone dates. to be approved by RTD . requiring completion of RTD transit improvements and parking by April 1. 2000. The contract shall further specify that time is of the essence in the completion of the RTD improvements and parking . Such contract shall include a provision for the developer to pay liquidated damages in the amount of $3,000.00 per day for each and every day the Project is not .. ... 0 I • 0 - • l • .. • -• ? ... .. ( • . , .. ... .. completed beyond April 1, 2000, or opening date of the Southwest Corridor, whichever is later. If the City or its designee cannot complete the Project by the new date of completion, the City or the Englewood Environmental Foundation shall provide to RTD for use by its customers the temporary parking area until the Project is completed, when RTD's permanent transportation easement in the completed Project shall vest. In the event that RTD completes the temporary conti ngency parking , any sums expended by RTD shall be deducted from the $5,700 ,000 . g . § 17( 1) shall be amended to acknowledge the following rec i pients of notices : Ahmad Faze!, Director of Planning and Development. RTD Mike Flaherty, Assistant City Manager, City of Englewood All remaining portions of the Agreement shall remain in full f orce and effect . Any dates shall be extended as required to be consistent with this Amendment . IN WITNESS WHEREOF the parties have executed t h is Amendment . effective the day and date first above written : APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT A9'ociate Counsel ATTEST : Loucrishia A. Ellis, City Clerk REG i ONAL TRANSPORTATION DISTRICT General Manager CITY OF ENGLEWOOD By : Thomas J . Burns Mayor .. .. ' , . .,: ., ... • I ' .. ' • ' ) I • 0 32X .. " . ..-. • . ]-.... .. ... •, .. • - ) • ........1:.......1..------'-'--'------ __ r ____ __.__,___ __ I • 0 ~ ... EXHIBIT A • . J - .. • ./ • . , •• .. .. ... • ' .. . ' .. • 1-----·-----'------~~! _______ ----I ___ ----________________ I ___ - I_ ---------' -- 11•t-00 1-------------·-----_ .. _,_., _______________ _ .. ,_ IU-00 --I .. ,I ._ _____ .......... ~~-----------------------~------·"--·--. EXHIBIT B PROPOSED HAll'OEN PAAK·N-AIOE UIUINC / / &S,MiL r :._/ ._;;/ P&V(W[NI -1 CINDERELLA CITY .,. I ··--··-.. ·-· ... ., ....... .. ••LW-.. ......... ,_ ~ UI\IIIIIC O•,W•D O(t 1. ,. hll( ,au.11 r, us •u rco 1\ , .. ., .. o,uu1f . IHI tDNf.lCI .. \Nltl COOfiOlhif[ wl l rt u S •£SI &HD h-' .. 1\" &Iii) IN\hl l II~ 1 • Uli lO..Uull 0 •0i.11aro •'\NO •ODl110H•L COSI 10 MIO z. hi( CDNl•ACtUN \,uu AU&)Yt •HU Ul )r'O)t lit &~H&l l &\ AlOUf~O f OII IH\IAll •11 0,., Of l .. )S ill hll: Dllli"CftOk Qf Utt. lfrtCIN(UI &f "a •00 111 0 '1•1 COSI IQ •ro . U( 0.C , S.JCfOO fQII HJIIC[ lUOUT Pl &H • (IIStlNG / / 11.PttAlf ~ PO(M(NI _. 32X 0 m ~ I'- ffl ij 0 ,. !')! ;~, 01 • c,, l'i ! ? ) ~j i ~A; r, • rr,) r,, g:I .-~I -,~ '1 , ., . 'I lnlU~ GI.IP Developm,..,1 ln-te1l111 At1r•ett1er,I I Eocu/1;.ro NOTICE TO PROCEED .. Fl11el Gf.f/> Deve/opme11I oliiiciii11,., 1 Utllltiu I Sited l'\11111, Permit p;J;;;i6,.,, EJ1 /c/u• Pw11il Piidi ,ll/•11 Bticig• Fu1111ol•Uu 111 P~1m/l -- l'•1lclng Slmdu,e Denio Pe1111/t -- i>"i1td11u Sfru<1111• fo1mc/11lio11, Pem,/1 P1111dn11 Sltu,;lwe Sup•ralrutfure Pem,/1 Ped Stid!I• S/1of1 Dwi,, Development P•d 81/clg• Sl,op Dwg• Review Prd Brld91Sl1oii Dwu, cim~dlnn -- P•d EJrld~• F .iuiulian -· ---- EXHIBIT C • IIAPllti ~IJUt/1, 111,.11 .. /H O~JUI U HIULU UI.JUl.U ltJllL H llAUGP» llAIJUH ••~tl'MI UJUN.t IIJVl It UJI/Ui ' U,\UGH lfJl/j Ill ' OfAl/liH IIAUGU tlAUGH Ol!El'H ' 11 liEP~e IISfl'H ' D60CfU OIJU! N 114UG»• 11AUGllt JOAIJG•t JIAUGet IUE,-U /4$El'MM J50CJ9' ·• ,. 0 - ENGLEWOOD TOWN CENTER OESIGN / COIJSTf:fUCTION SCIIEIIIJl.E • 0 • \') )- I u lr ~; en• • ru• m• Q, ' "' (\J, .,., ~· • : C as ·• ,. ,, . 0 - ENGLEWOOD TOWN CENTER DESIGN I CONtiTRUCTION SCtlEDULE 0 De1,-oblfJ1..0.,,. I I I •.. . . ' Ol.€R·AI.L ,.,,o,tc:r CO"PIEIIOI/ &II I ! --i----- I-I CuJ.iA,;111• fc•1l $Jhl II -, I I -- 1ilflee 4ae.,i1ecUu11 l111plf1V1,rt1"n' I ... ... .. . . l(> ·~ ~ a: Ill .. .. m ru r-~ I.) ,_ ~ " r- !I ~ E O' '[, i..r (t ~ • ~: ( ~ ' . "· fl l l CJI M l CJ • • I (f>I O, l - Galap•10 Slre•I S11li9rerle Pr1:1• a .. ,.,,.,o Cu,b • Gutter ltNOIIII HC>ECIII Oaliji.l0SiinT!•tdn1 ___ -----1~1 11~c1111 Inca SlrHI &c..,itllon / Subgrallte "'• er,a-IGFfS(IO Inca SltHI Cuti,. Gu,.., -HFHllfl 11W.li00 iiica $t,eef ,. • .,, .. ,, IMIAOl,O JIMAli OO :SecOIIII lllf. Norrii •• OJAl'otll o,Al'IIOQ EnfJ-aorl-Plfwv (l,ivdt,e,Jit-Sub"rade ,.,.,-nFieii.. lllffl"" E'ifl~'*wv /i,111~",1-Curl, .-Me,-ifniuo ,..,.urioa Ettt,l_ao, ~ (blvll/Jlarll}Pavlng UAIAIIII 11AIA/IIQO 11W (ol ('UO Conllllfeiicrfp-.....~~-IIFiiJao UffflOO Nolfh Surtac• ,..,,,,,., to, s.,.,,ad• Prep oa,aoo tll'Et1N llw1II Surta&:e ,..,.,,.,, Lei p:W,,. ---11isuoe 1iFi1i.- . Ulll!HU! d • ' .. ..-. - 0 . ·- Ill ' .~ / • .. • ... • • .. ENGLEWOOD TOWN CENTER DESIGN I C0NS1RUC1ION SCIEDULE -----·---- .. ·, .. -.. .. • ~ n I (J" I · 12 D ., 0 • • , , .•· .. .,-. • • - BY AUTHORITY COUNCIL BILL NO . 45 .. ORDINANCE :,..:o . _ SERIES OF 1999 INTRODUCE~Yf~~~?iL . MEMBER~~~L..:"""'r,:,::,,~~ A BILL FOR AN ORDINANCE AUTHORIZING THE-TRANSFER OF PROPERTY FROM THE CITY OF ENGLEWOOD , COLORADO TO THE ENGLEWOOD McLELLAN RESERVOIR FOUNDATION. WHEREAS , on May 3, 1999, the Englewood City Council authorized the creatio n of the Englewood :VlcLellan Reservoir Foundation as a nonprofit development corpora tio n to further the redevelopment of the !\kLellan Reservoir site ; and WHEREAS , the Englewood City Co uncil established goals for the Foundat10n a t the Budget Retreat : and WHEREAS, in overseeing the developm e nt of the Property by the Foundation. the Foundation shall use its best efforts to do so in a m a nner which protects the quality of the City's stored water at the Reservo1.r ; and WHEREAS , in overseeing the development of the Property by the Foundation. the Foundation shall use its best efforts to do so in a manner which protects the ecosystem that has developed since access to the Reservoir has been restricted ; and WHEREAS , in overseeing the development of the Property by the Foundation. the Foundation shall use its best efforts to do so in a manner which establishes and maximizes a future long-term income stream for the benefit of the City : and WHEREAS , in overseeing the development of the Property by the Foundation, the Foundation shall use its best efforts to do so in a manner which maintains the quality of the Highline Canal recreational facilities and the wetlands that exi st between County Line Road and C-470; and WHEREAS . in overseeing the development of the Property by the Foundation, the Foundation s hall use its best efforts to do so in a manner which minimizes the impact on the Reservo1.r ; and WHEREAS , in overseeing the development of the Property by the Foundation, the Foundation shall use its best efforts to do so in a manner which enhances the quality of the neighborhood of which it is a part; and WHEREAS , in overseeing the development of the Property by the Foundation, the Foundation shall use its best efforts to do so in a manner which develops the quality of life of an gives priority to residents of the City; and WHEREAS , plans for future development of the McLellan Reservoir site have progressed to the point that it is now necessary to transfer the property to the Englewood McLellan Reservoir Foundation; and -1- .., ... ) I • 0 - • • • .. ~ .,,-- • .. -/ •'' .. •, • ' .. -... ' .. COUNCIL COMMUNICATION Date Agenda Item Subject Transfer of Certain Mclellan Reservoir property to the Englewood Mclellan July 6 , 1999 11 a iv Reservoir Foundation Initiated By I Staff Source Department of Public Works Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 3, 1999, City Council authorized the creation of the Englewood Mclellan Reservoir Foundation as a nonprofit development corporation to further the redevelopment of the Mclellan Reservoir site . Council established goals for the Foundation at the Budget Retreat. RECOMMENDED ACTION Staff recommends that City Council approve the Bill for an Ordinance transferring a portion of City- controlled Mclellan Reservoir property to the Englewood Mclellan Reservoir Foundation . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Plans for future development of the Mclellan Reservoir site have progressed to the point that it is now necessary to transfer the property to the Englewood Mclellan Reservoir Foundation. This is the only property on the site that is south of County Line Road . This final transfer will consolidate the property under the protective umbrella of the Foundation a.nd continue the progress toward development of the site. FINANCIAL IMPACT The proposed property transfer will remove substantial financial and environmental liability from the City and allow for a coordinated approach to future property transfers. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Legal Descriptions '· ., ' .. .. ' ' ... • I I . 0 32X -' ""•'"' ,,• .. .. • • •• .. ... WHEREAS, this final transfer will consolidate the property under the protective umbrella of the Foundation and continue the progress toward development of the site: and WHEREAS, the City Manager recommends that City Council approve the proposed Ordinance transferring a portion of City-controlled McLellan Reservoir property to the Englewood McLellan Reservoir Foundation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the transfer of property as described in the attachments hereto as Parcel l. Parcel 2, Parcel 3, Parcel 4 , and Parcel 5, to the Englewood McLellan Reservoir Foundation for the development of the property. Sfctjon 2. The Mayor and the City Clerk is hereby authorized to sign on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 6th day of July , 1999 . Published as a Bill for an Ordinance on the 9th day of July, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk 1, 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 6th day of July , 1999. Loucrishia A. Ellis -2- ' .. ... ) .. .. I .. • 0 3 • • .. " -• .,-,, .... .. • -.. LE GAL DE SCR I PT ION -PAR CEL 11 0 . 1 TIIREE ( 3) PAR C ELS O f' I.AND LOC ATED TH SECTION .) , TOWN S II I P 6 SOUTII, RAN C E 68 \•/E,T O f TIIE SIXTII PRTI /C I PAL Mt:RrDIAM HI TIIE CO UNTY O f DOUGL AS , S TAT E O F' CO l.OPA DO , AS SII OW!I W PART 0 1/ TIIE LA I/D SURVEY Pl.AT RECOR DED AT Ri,;C E PT [O!I tlllMB E P 29 3 9 ·1 2 It/ 'rllE O F'Fl Ct: O f Tllf. C l.ERK i\1/D !<£CO RDER Of $Al D COU I/T Y O F DOUG LAS , DES CRIBE D AS fO LI.OWS : P•.Rc ,:1. 1-A BE G !NIH NG AT A PO INT O N Tllf. 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PAR C Ei. 1-B BEGTllll!llG 11.T A PO lllT OJI T II E S OUTII Ll tlE O f THE HE 1 /4 O f SAID SECTJ OII 4, v/HENCE TIIE S OIJT IH;E ST CO Rtl ER O F SAI D IJE l / 4 BEAR S S OUT H 8 9 ° 4 5 ' 0 I" vlE S T 2 0.80 f'E ET, SAID PO IIIT BElllG A PO ll/T Oil T HE SOUT HE RLY BOUNDARY O F THE PREV IOUSLY ME IIT IOllED PARCEL "2 A"; T IIE II C E AI.OtJr. TIIE S OUTHERLY B0lll1DAR\' OF' S A l D PA RC EL "2A" TIIE FO LLOW I.II G fl VE (,) CO UR S ES : I . NOR TII 00 ' l 4 '59 " WE S T 2 b . 28 FE ET: 2 . TllEllCE IIO RTII '13°10 '58 " EAST 1 12 .91 FEET ; 3 . TIIENCE tJ ORTII 89 °45 '01 " EAST 31 9 .2 0 FEt::T : L TIIENCE IIORT H 85°23 '36 " EA ST 3 62 .3 -1 fc'.f:T; 5. T II ENCE SO UTII 75°17 '35 " EAST 2 9 3 .69 FEE:T ; T II EII C ~'. AL OII G TIIE S O UTHE RLY BOU!IDAllY O F S Ii ID PI\H C E I. "2A" AIID TII E SO LITl l f.RL'/ RIGHT-OF -\•AY O f Cl::llTE IIMIAI , PARKWAY (C-470) AS DESCRIBED Ill BOO K 6 45, PA GE 748, NORTH 89"4~'0!" EAST 250 .-13 FEET: T IIEI ICE SOUTII O l "00' 12 " EA ST 60 .0 1 T O A PO IIIT ON THE SOUTH LIME O F TIIE tJE 1 /4 Of S AID S ECT!Otl 4 ; THEN CE ALONG SAID S OUTH LINE SOUTH 89°4 5 '0 1" WE ST 1293.0 8 FEET TO TIIE PO il-iT OF BE:GWIHNG, CO NTAltllll G 2 .909 ACR E S , MORE OR l,ESS . BEARHIGS AR E BA S ED O N THE SOIITH LIN E O F TIIE S A ID ME l / 4 BEING S O UTH 89°45'0 1" WEST. . .. ' . ... I • 0 - • • .. • -• . .. / ....... ~· .. 'l. • .. -., PARCE L 1-C THE SW 1 /4 O F THE SE 1/4 O F SAID SECTIO N 4, MORE PARTICULARLY DESCRIBED AS FOL LOWS: .. ... .. BEGI IIMIIIG AT THE S OU T IIWE ST CORNER OF SAID SE 1 /4; THENCE ALOII G T HE WEST Ll!IE O , S AID S E 1/4 NORTII 00"02 '37 " EAST 1317.21 FEET ; THENCE IIORT H 8 9°52 '12" EA S T 13 1 8 .88 FEET; TIIENCE SOUTH 00"1 0 '26" EAST l 19 .95 FEET TO A PO I NT O N T IIE S OUTH LINE O F S AI D SE 1 /4; T HEN C E ALOII G SAID SOUTII L INE SO IJTII 89 °59 '20 " WE ST 1323.8 FEE'r TO 'I'll~ PO rN 'I' or BEGIN II HIG, CO NTAINING 4 0 . 000 ACRES MO RE OR LESS. BEAR HIGS ARE BA SED ON THE WE ST LINE OF T HE SAID SE 1/4 BE ING NORTH 00 °02 '37 " EAST. DU WA YNE M. FOR AN D Oll ALF O F p.~ 9 32 9 ROC KY MO Ull'J'titi CONS ULTANTS ;/JN C . 8301 E. PREl'l.'r.lCE AVE. SUITE. 101 ENGLEWOOD , cO.'~o 8 0 111 303-74 1-60 00 '•\.!<' ,. •11,,:,,,,11:.,, DATE =--=t.:.:...!'.:::23:c,A_,'f'!'.~----- Engl e wo od Pa rce 1 s Pac-cel!i 1-A thc-ouqh 1-C 2882 .011.00 6 /2)/99 -gjk '· . "· ,. . .. ,, ~ ... .. 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T Hf.t l E TA II GE tl T TO S AID CURVE SOUT II 82°08 '31 " WE ST 2 4 4 .7 4 F EET T O SAl 11 WESTERLY L I IIE OF T HE NW l /4 O F S ECT TO M 4; TIIE II CE LE/\V!II G SAID MOR'l'II E:R LY RI GHT -OF-WAY AII D Al.ONG S A ID WE S TE RL Y LI II E NORT II 0 °34 '55 " WEST 11 3 .5 8 FEET T O TIIE PO rnT Of OEG rM NHIG , COIITAI IHIIG 17.2 8 3 ACRES MORE OR LE SS . . ~· ' • .. ) I • 0 • • .. --• .. .. . . .. • - ' F,X C-f.PT FOR TIIAT PAR C EL O F LAIID DESCRTBED AS P ARCE L "2L" TII A WARRA ll TY m:r.1, 11 ECO Rl'lE IJ MA Y 15 , 1 9 7 , AT RE C EPTIOII IHJ MBER 9126021 OF T II E DOUG LA S COU tll'Y RE CO RDS, MORE P ARTI CUI.Al1LY DESCIHIJED A,; f'O LLOl,S : COMME II C IMG AT TIIE N~J COR I I ER OF SA LO SECT 1011 4; 1'11EII CE SOUT H 16 • 2 6 ' 41 " EAST 2003 . 5 4 FEET TO A PO l!IT 0 11 Tl!E SOUHIIIE STl::KJ.Y RIGIIT-Of-1,AY I. !NE: OF CO UI ITY I.WE ROAD , S A lD POIIIT BEl!IG Tm: l'l<U ~ PO ltlT O f BEGJ !IIIJIIG; 'l'II EIIC E ALONG SAIO RTGIIT-O F-lil,Y l.l l!E: 100. J9 f'EE1' A LO II G TliE AR C OF A C IIR VE T O T II E !.Ef'I' IIAVII IG A RADIUS OF sao~.00 FEET , T IIE CII ORD O f Wll f("II BEAR S SOUTII 17"4 •1 '2 1 " EA S T 100.38 f'EET; 'IIIEIICE SOIITII 00"55 '27 " WE ST 4 5 .06 fl::ET TO A PO IIJ'I' O F C LIHVE; Tl l f llCE 2 4 1. l / FEE'!' A LOII G THE AR C O F A Cll RVE T O THf. LEl~I' II AV TIJ G A Ri,DfUS O F' 3 H . 4 9 FEr:T , T II E CHORD O f Wll l C!I BEAR S SOUTII 1 9°3 7 '51 " EA ST 2 41.90 f'EET 1'0 A POl !I T OF' TAII GE:IIT ; 1'11 EII C E SOII T II •10° l l '08 " EA S T 2 4. 60 fEET T O A PO H/T Oil TII E NORTII WES TE R LY RIG IIT -Of-WAY LINE O f T II E ll!GIILHIE C ANAL AS DESCl1 11JEfJ JN BOOK 93 , PA GE 6,1 o r TIIE D0l1G LA CO UNT Y RE CORDS ; 1'f1Et1 C E AI.Oil G ~Aro R!GII T -OF-1,A Y LltlE SOUTII 69 °14 '2 8" WE ST 10,:.2 5 fEET; T II ENCI:: J07.72 fEET ALOII G TII E AR C 0 1' A 11 0 11 -TA II GEN T CURVE T O TIIE RIGIIT llAVIN G A RADIUS OF 44 2 .9 1 fEET, TIIE CHORD O F WH IC H BEA RS tl ORTII l8"58 '-l 6 " WEST 301.57 FEET T O A POINT O F TAIIG Ell 'I'; TIIEIJrE II OR'l'II 0 0° 55 ' 27 " EAST o ·I. 19 FEE'!' T U '!!IE TRU E PO ! !IT O f' flE G ll lll!!IG , CO NTAIIIING 0 .1 88 AC RE S , MOR E OR LE SS ; AND EXCEPT TH;.T PARC EL O F I.MID DES C RIBED AS P.~RC E:L "2J" Ill A WAR RANTY DEED RECO RDED MAY 1 5 , 1 997 , AT RECEPTI O N lllJM 8f~R 9726028 Of 1'1!E DO UGLA S COU!ITY RE CO RDS, MORE PAR'l'IC:U I.A RLY D£SCR!8ED AS FO LLOWS : CO MM F.!IC IIIG AT T IIE NW COR IIER O F' S AI D SECTION 4; T !IEIJ CI: SOUTII 7°34 'rn " EA ST 2 11 9 .05 fEV.T T O A PO l ll'I' 0 11 T Iii·: tlORT IIWF.S 'f'f:R I.Y IH GII T -O F -1-J A'I 1.lN E: CW 'I'll!! ll!<;111.111e: CAIIAL, SAfD PO iin' OF.ING T Ii t Tl<Ut PO INT 0 1 .. Bl:'.t;JNll[N<;; 'l'II E NCF. NO HTII 20 °•!5 '12 " WE ST 19 .68 fEE'I'; 'l'II E NC f' II O!l'r!i 69°1 -l'2 8 " EA S T 26 . 5, fEET TO A PO Hi'!' 0 11 !I 110 11-T A!lGEII T C URVE; TH E NCE 20 . 5 6 fEET ALO!IG 'l'II E AR C OF SA [D CURVE T O 'rllE I.E f1' II AV I NG A 11ADJ IJ S O f 4 4 2 . 9 1 f EET , TII E C II ORD O f WIil CH BEAR S S OUTII 37 • 33' 09" EA S T 20 . 56 FEET T O TIIE llOf<THNESTERLY RI GHT-O f-WA Y L!NE O f S ~.I D HI GHL IIIE CAIIF,L; THEIIC E ALO!lG SAID R !GHT-O f-WAY Ll!IE SOUTH 6 9 °14'2 8 " WE ST 32 .5 4 F'E ET T O TIIE TRUE PO INT O F BEG HINfNG , CO NT F,TIJ IMG 0.013 ACRES , MORE OR LES S . TIIE IIET AREA fOR PARCEL 3 15 1 6 . 482 ACRES , MORE OR LES S . BEARINGS AR E BAS ED ON THE WE S T LINE O F THE NW 1 /4 O f' S AID SECTION 4 BEING NORTII 00°3 4'5 5 " WEST . DATE =----=~:,_/;..:::z.::.;'.IA:__;<?_:Y ____ _ Englewood Pa rcels Parc el 3 28B2.0 l l.OO 6 /2 3/99 -q j k ' .. ,. ) .. I ., .. • 0 32X I'' i, .. . \ ,· .. !.l ... "i • .. ·.- ~;~~· .. ') I 0 t 0 ·" .. , • I I I -, _:~rr -=r®~ $C AL( 1 • a -'00' EXHIBIT ,, ~=.) UL--------r 1-~ -, .. . ii .. ~~1~1 ~:--=1--~ ~N . ,... ~~~ "o-__ ., I O• .,.. ~ ~ ,- z• "'"' u l, w<> !.-i Tm "' .. .. Jin ~ st (.) w (/) w z 0 . "' . :::- ~1 ! ,_,,....-- s.,,'5J• :lfl > _JJ•· . .... ' ... o~· .,, , i~y~ /"~ ); f J NOO'J4 '55·w 76.80' Poin l of Beginning POl'c.i J ~, z THIS C>cttllT DOES NOJ R(PMSCHT A MONUWCNT£D SURVEY'. II IS OHL Y INTDIJ(D TO DCPICT THC ATlA.OtCO D(SCRIPTION . : ~I:: 0 "' I "' • ., st (.) ~ :it IX) st co '-. a::: :i: z vi (0 t- _g~; _r•N ?:~ .. . I ., ~~"i. We,t Linc NW 10 Ser i I • ;,,.'7, ';' ~ Basis o f Beorlngii ~ i ~~-' NOO 'J,f55"W r;i ~N ~ ~..; 1)1 ., ii:: 8 z ROCKY MOUNTAIN CONSULTANTS, INC . =tmc SHEET 2 OF 2 8301 E. Prentice Ave . Suile 101 (nf'e-ooca , CO 80111 (lOl) Hl -6000 FA)( (JOJ) 741-6106 P,\SUAVEY\PROJECTS\28112011\PAIIC[LJ 0WC .JO A NO_____lfff'1_ 0 I 1 .oo____ ___ _ R£V1S£O 6 /1~99 • • X N M • • • • " -· • 1~ '."11. .. ·~ • -.. J.f.Gt,J. DESC ld PTT OII -PARCEL 4 ,; PM<CEL or LAIJD LOCATED Ill TIIE IIE 1 / 4 O F SECT] Cll l 4 , TOl;!J S Jl l P 6 $(1llTJI, PAIIGE 8 \;t:ST O F TIIE S!XTII PRlll CT PAL MER[D !AII ll l TIIE COU IITY O F r,,11,,1.;,s, STATF OF C(LORA O<), BE HIG A PA R'r O F Tm: P LUM VALLEY ,Ubl f'!!Sff•II RECC>RflE11 AT RECE?'!'!Oll tlUMBr:R 9B ·11 !II T IIE O F F!C E O TIIE CLE~K All D RE CORDER O F THE C.JUNTY OF DOUGLAS, IIS SH 0 11M 1" PART Dtl TH E L/\111, S\IRV C'/ PLAT RE CO RDF.D AT RF.C EPTT OII III IMllER 29]9 ,!2 [fl TIIE <WF!C E O F Tllr. 1'!.EHK Alli ) R~COHDt:R O F s;, TD CO UIITY O r' fX)UG l./\!i , IJt:S<'H ( UED AS 1'(11.LCWS: BEGTIIIITIIG AT TIIE SOUTHE AST CO RIIER OF TIIE NO RTII HALF OF' TIIE NE 1 /4 o r SAi[ SECl'!,111 4 , SAID PO !iJT BEING I\LSO TIIE S0l1T11EAST COR NER O F SAID i'l.1111 1/AI.LF.Y SUBOTI/I Sf ON; TliEl JCE: AI.OM<; TIIE S011'1'11E HL\' 1.1 11£ O F St, I[) IH,H'rll 111\1.1' All[I TIIE SOU'l'IIERI.Y LJtlE O F SAID P!.IJM V/\1.1.E'/ S llnDIV 1S I ON SOIJ TII 8 "4 2 '13 " ~JEST 4 0 .26 FEET TO TIIE l lORT II ER L"/ R l GIIT -OF-l·J AY O F Tl1E 11!(;11!.TIIE C.<.IIP.L AS DESCR!BEO Tl1 BOOK 93, PAGE 6 •1 Of DOUGL AS COIJNT'/ RECORDS , SAID-PO lllT Bl'.I l!G THE: BEGIM llmG O f A 11 0 11-l'A II GEMT CURVE CO ll CAVE SOUTll'.;E STERLY, A RADIAi, LlllE FROM SAID PO !IJT BEARS S UTII 47 °51 '47" 1-/E ST ; Tl1EIICE ALO!lG S AI D II ORTIIERL'/ RIGIIT -O F-l·JAY OF T II E IITGHLINE CA IIAL TIIE FO LI.OWHI G EIGHT (8) COURSES: 1 . IIORTHWESTERI.Y 176 . 31 fEET ALONG SAID CURV1': THROUGH A CEIITRAL Al1GLE OF 03'25"42" HA VIIIG A RADIUS O F 2 46 .43 fEET ; 2 . TIIEII C E TAIIGEIIT TO SATD CU RVE MORTII 4 5'33 '5," WE ST 27 .00 FEET ; 3 . TIIEIICE SOUT H H '26' 05 " ~JEST 25 . 00 fEET; •I. THEIICE ll ORTII 45'33 '55 " WE S T 439.03 fCET T O TIIE BEGI llllllG O f A TAIJ GE!IT CURVE CO NCA VE SOUTHWE STERLY; 5 . 'l'IIEII C E II PTHWESTERLY J.l ~.o5 t'Et:T A!.OJIG SAW <.Ui <VE T IIR OUGII A C EllTRAL AI IGLE O F 29'45 '15 " IIA Vl ll G A RAl,IUS 1W ~14.10 f"P.~T TO TIIE 81':GHIIJJ II G O F A COMPOUIID CU Rl'E •:OII C"AVE SOUT HEPl."I , A RAPl.~I. LINE FPOJ.I S A ! D PO l lJT BEAR S SOU'1'11 14 ',Ill' so ·· W1,.5T ; o . Tll!:11 C E \·/ESTERLY 271 .15 FEET AL 11 1; ~All) C"llPVf' TIIROllGII A CE IITRA L AII GLE O F 1 '00 '08 " HAVIN G A RAOT\IS, F 1:-1.:H rFt'T: 7 . T 11EltrE TAl1(;E HT T•J S AID cu1>•J E II C.RTII Hu"J•J ' IH " WL:!:T 4 <B.9·, FEET TO TIIE BE G lllll I IIG O F A TAN GE IIT CU RV E: CO II CAVE S<JIITJH'A5TEl<l."/; b. TIIEIICE SC.UTll\;ES TERL'/ gg. 4 3 FEET Al.• l)r; SA! I• 'URVE T IIR OIJG II A CEIIT P AL AIIGI.E O F 21'15 '~7" llAVIHG A RAf,IUS Of' 2~1 .8tl FEU' T O THE E.,ST ERL'/ LIIIE O f I.OT H O F S AL D PLUJ.1 v,:..1.1.c Y SU B L,T'JISTOII; THENCE AL O N<; ~J....111 £.;STERI.Y I.T ri £ tmn·r 11 fl 0 1L '!i0 " \-IF S1' 1!:!.l'..t l'IE''I' '1'0 TIIE SO IJTllEHL Y R!GllT-OF-~IA '/ O F' CuUN'I''/ LlllE ROAD AS DESCPrBt:U Ill ORD!II/\IIC E 11 0 . 6 . SERI ES o r 1 9 6 5 OF TllE CITY O f EIIGLE\iOOO , ("O LORA ur,; T llEIIC E ALOI JG TIIE ~A ID ~OUT ll F'RL'/ RlGIIT -O F -~J~.Y TllE r0LL0 t·JJ 11 G Tl1 REE ( 3 I CO URSES: I. S~UT II 84'55 '58 " EAST b .8 FEET; :! • Tl1E II C E SOUTII 85' 3 '28 " EA S T 202 . 6 0 FEET TO TIIE BEG111N 111 G O F A IICl1-TAIIGE1ll' CURVE CO Nr AI/E ll '1RT IIERI.Y, A HA l>IAI. l.lllf: FHO M SAT D PO lNT llFARS II O HTII 31J'4 l '7 "' EAST; l. ll!Ell<:E EADTERLY I 04 8 . 0·1 FEt:'I' AL0 11 G S AID CtlRVE TllllOtJ GII A CEMTRAL AII GLE O F 20':!5 '29 " IIAVIIIG A RADIUS OF 2940 .00 Ft:ET T O Tilt: SOIJTl1 1·1E S TERL'I RlGHT-O f'-t;A"/ O F S AID IIT GIILTIIE C.•.IIAI.; TllEIIC I,; /\LOMG S AI D SOtJT ll!iESTER I.Y R I Gl1T-OF-WA'/ O F 'l'llP. H[GHl.fllf: CA IIAI. T il t: fO I.LOWTII G TIIREE (31 CuU RS ES : 1. SOIJT II 41' 30 ' 5 I"' EAST BB. 84 FEE:T T O TIIE flf:(, r 1111 ING o ,· A TA II GEIIT CUR VE CO II C/.VE: SOUTll\;ESTERI.\'; 2 . T II EII C E sou rHEA S'l'ERLY I 00 . 2 1 FE E:'r ALOII G SAID C tJRVE TIIROUG ll A CL:IITl<AL AII GI.E OF 4 2 '25'00 "' IIAVIIIG A RA DT US O F' 1 35.16 FE ET; 3 . 'l'llEII C.:E TAtlGEIIT T O S AID CURV E SOUTH 5'0 5 '5 1" EAST 26 1.56 FEET T O TIIE: f.AS'l'c'.RLY LIIIE O F SAID llOR'l'll IIAl.f O F TllE II E 1 /4 O F SEC'l"I OII 4; '1'11£111'£ AI.OII G SAID EA STER LY LllJE SOUT II 0 °5,!'2·1"' EA S T ,6l.88 F't:ET T O TIIE h)lll'I' OF BEG!nlll tlG, co1nAIIITM(; 1 5 .016 AC RES MORE OH I.EDS. EY.CF.PT LOT S 46 AND 48, Pl.UM VALLEY SUBD1VIS !ON, MORE PART!CULARl.'1 DE SC IHBED AS FO i.LOWS: BEG I IIIIHJG AT TIIE SOUTHEAS'l'ERL'/ CO RNER O F S A ID LOT 4 8, WHEN C E T IIE: l'O IIIT O f BEG !lltllMG OF TllE AB OVE DES C RTllED PARCEi. 4 BEAR S SOUT II 31'25 'H"' EAST 503 .35 FEl::T; T II EMCr: ALONG T II E: SOUTIIWEST BOUNDARY OF SAID LOT 48 NORTII 4 ~'27 '44" WE S'!' 187.34 FEET; TIIE:tlCE ALOtlG TIIE . '· ., .. .. ) I • 0 .]- • .. • ----• . ). ti / f., .... ..... .. ·~ • -.. .. .. SOUT HEAST BOUNDARY OF S ATO LOT 4 6 SOU TII 44'32 '16" \-!E S T 171.54 FEET, MORE OR LESS , T O A PO JIIT O N TIIE NORTIIE RLY R!GIIT -O F-WAY O F TIIE IIT Gll l.ltlE CA !IA!.; TIIEM C E ALO!IG SAID NORTIIE RL'f RIGIIT-OF-WAY A!ID TII E: SOUTIIERI.Y BOUNDIIRY O F S AI D LOT 4 6 TIIE l'OLI.OWI !I G T\iO (2) COURSES ; .. l . II OR TIHiE:STERi.Y 137. 7-1 FE ET ALONG T II E ARC O F A CURVE CO II CAVE TO THE SOUT ll~IES 'r TIIROUGH A CEIITRAL ANGLE O F 28'43 '4b" A!ID A RADIUS O F 27 4.70 FEET, TIIE C HORD OF WH!C li BEAR S NORTII 60'57 'U " ~JEST llo.30 FEET T O A CO MP OUII D C URVE CO II CAVE SOUTHERLY, A RP.OT/I L Li!I E f'R"M SArD POIIIT BEA RS SO IJTII 14 '4 0 ' 50 " WE ST ; ~, ·rt1EIJ C t: l·I ESTf.HI.'/ U. 4 6 PF.CT AL Otl'; Sil I I) r1111vr:: 'l'IIIU ,I/G Ii A C f.llTR/\L I\II GI.E OF 00 '23 '4 9 " MAV!MG A RADIUS OF 1 22l.2ij FECT, THE CIIOHD 1W 1-/ll!C ll BEARS NORTH 7 5'3 1'35 " WE S T 8.4 6 FEET T O THE SOUTll\·I EST COR NER O F SA!O LOT •16 ; TIIEllCF. ALO NG TIIE liESTE:R LY DOU!IOAH Y OF SAID LOT 46 llORTII OO "I6'44" l•IEST 2 44.57 T O TH E NORTllliEST COR NER O F SP.ID LOT 46; TIIEM CE !\LOIIG Tl!E II ORTIIERI.Y AND E:AS'l'F:RLY B0 Ulll1AHY O F SArD LOT ·lb Al/fJ LO'I' 4 8 TIIE rG LLOWING COURSES: SOUTH 88'1 2 '59 " EAST 3.4 2 Fr.ET TO A PO TIIT OF CURVE ; TIIEllC E 53. 63 FE:ET ALONG THE ARC O F S AID CUR 11E CO llCAVE TO THE !I ORTH THROUG II A CENTRAL ANGLE or 38'24 '30 " Al lD A R!-.D!US O F 80.00 FEET , THE r 11 0 RD OF WIII CII BEARS NOl<TH 72'3 4 '4o" E.;sT ~-·. 6.> T O A POlllT O f TMIGE14T; TIIENCE NORTH 53'22 '3l" EA ST 163 .87 FEET TO~-PO I II T O F CURV E; T IIE!I CE 55. 32 FEET ALONG TIIE AR C O F SATO CURVE CO HCAV E TO THE SOUTH THROUGII A CENTRAL A!-IGLE Of 79°14 '30 " AII D ;:., R.<.lJ!US O F rn.oo FEET , TIIE C II OR D O F ~IH !CH BEARS S OUTH 87 • 00 ' 14 " EAST S l. 0 FE ET TO A POIIIT O F TlltlGE IIT; TIIEII C E SOUTH 47'2 2 '59 " EA ST 14 5.03 fEET TO A POl!IT OF CU RVE; THEl lC E 29 . 61 fEET ALONG THE AR C O F SA D CU RVE CO NCAVE TO TH E SOUT HWE ST THROUG H A C ENTRAL ANGLE Of 4 2 °25 '00 " /\!ID A RAD1US OF 4 0.00 FEET , THE CHORD O F 11HICH BEARS S OU TII 26°1 0'29 " EAS T 2B.9 4 T O A POIIIT OF TA II GE NT; THE NCE S OUTH 0•1 '57' 5 9 " E:A S'i' 30 FEET TO THE PO!II T OF DEGIIIMTNG , CO HTA!NHIG 2 .665 AC HES, t1 0 11E O H LE S S. TIIE NET AREA FOR P.;RCEL 4 IS 1 2 . 371 AC RE S , MORE OR LESS. BEARINGS ARE BASED OM THE EAST LINE O F TIIF. NE l /4 Of' SArD S ECTION 4 BEIIIG SOUTII 00"54 '2 4 " EAST. DU liAYIIE M. EllGLEWOOD , CO 303 -741-600 0 DATE: __ t{,"-'-/z.3'.c..7._.c...'f'_f' _____ _ Enqt.ewood Parcels Paree l 4 2 862. 011. 00 6/23/99 -gjk .. .. ' .. . ' . ' ) I • 0 32X J - • • .. ,, • / ........ ··,: .. • •• .. ' EXHIBIT Point of Beq fnnlng Poree' 4 SE Co,nw N 1/2 , NE 1/4 Sec . 4 tlE Corn•r Sec ~ U,au C.;ip [011 lln, 11( 1 /4 S e c 4 S( Corner Plu m Volley Subd.""' so ·05'5 \"E soo·5•'24"E 8SC~·:iQ.' 2~~"'9' 1 :1 Ji ;1 ! i '" " 0 n lHIS (XHIIIT Dm:S NOf fl(,.-l(NT A WONUM[Ul(D SlAt\,j(Y, If IS ON..l' 1Nl[U0£D 10 O(PtCT fH( AnACHEo OCSCMPnON . -N ROCKY MOUNTAIN CONSULTANTS, INC . . ,, ---'JI' ':.' ,., ' ,e·,o"'w 322 .<&t PARCEL < CROSS AC. • 15 .036 EXC . AC . • 2 66~ NET AC . • 12 371 0 tj- 0 w 3:: (/) co tj-c.o ........... 0:: w (/) c.o z f- 11mc SHEET 2 OF 2 Su,I• IO I (nqtewooa, CO 80 I 11 (lOJ) 741 -60GO f'AX (JO.S ) Hl -6 106 [ 11:HIBIT PARC(L 4 owe DATE I 1, 99 -'k REV1S[D 6 2J 99 ' . ., .. .,, .. • I . ' ) I • 0 32X - .. • • / • . , LEG.<.L DESCRIPT ION -PARCE L S A P ARCEL O f LAND LOCATE D Ill TII E NE 1/4 Of S ECTI /J II 4 , T OWIISHIP 6 SOUT H, RA II GE 6 8 WES'!' OF TIii:: S £XTH PR IIICIPA L ·IF RID TAI I Ill T HE COI IIITY O f DO UG LAS , STAT E Of CO LORAOO , BE IIIG A PA RT O f Ti ff P LlJ M VALLEY SUB u lV I S I OII RECORD ED AT REC EPTION NU MIJEH 9 ~3.;J !II T HE OFFIC E Of THE C LERK AII D RECO RDER O F THE CO UIIT Y O F DOUG LAS , AS S HOW!! !II P ART Oi l TH E LA II LI SURV E Y PLAT RECORDE D A'I' RE CEPT IOII !!UMBER ~ 39 4 2 I ll T HE O ff!C E O f TIIE C l.ERK AN D RECORDER O f S A ID COIJ IIT Y O f O<,tlt,l.AS , l>E S<"R!BED AS 1'0 1.1.()\•5 : COMMEII C HIG AT THE NORTIIEAS T CORNE R O f S Al D SECT !OII 4; THEIIC 8 SOII TII 67'12 '4 4 " WE S T 2 05 1.60 F EET T O TIIE T RU I:: PO Tr!T O F' BEG Tll ll !IIG , S A ID P O !I IT BEING ALSO Otl TIii:: NOR THERI,Y RI GH'l'-OF'-\·IAY Of '1'11 8 JHG HL lll E C AIIAL. AS DF.:SCR TBED IM BOO K 93 , P AG E 64, DOUGLAS COU i i'!'\' RE CO RDS , AIJO T II E BF.:GII IIIIIIG Of' A CURVE COMCA VE S OIJTll!-IE STt'.RJ.Y, A RAO I AI. 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"' ,q- u w ~ (/) !X) ,q-(D 0::: " vi w (D z I- --------- =tmc SHEET 2 OF 2 SJOI C Pt•r,lice "'"•· Suate 101 Enqlewood, CO 80 111 (JOJ) 7 .. 1-6000 fj,)(, ()OJ} 7•1 -6106 P \SURVCY \PROJCCTS 2182011 \EXIUBIT PARCCL 5 owe JOH HO ? 8 01 I 00 OAT[ 6 15 /99 -HEVISEO 6 23 99 ., .. .. I • 0 32 • • • RESOLUTION NO . 1\/ 1 SERIES OF 1999 "/J- .. /' . • • •• A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL AND PUBLIC IMPROVEMENT FUNDS TO THE CAPITAL PROJECTS FUND . WHEREAS , ce r tain funds were budgeted from the General Fund with the approval of City of Englewood 's 1999 Budget on October 19 , 1998; and WHEREAS , the passage of this Resolution will authorize the transfer of fund s from the General and Public Improvement Funds to the Capital Projects Fund; a nd WHEREAS , these funds will be used for various projects which include land acqui sition . the Year 2000 prepar atio n (Y2h.'), Civic Center, and CityCe nter Englewood (RTD and Walmart) Proj ects ; NOW, THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : Sectjon l. The City of Englewood 1999 Budget is hereby amended as follows : GENERAL FUND : Source of Funds : Unreserved/Undesignated Fund Balance Uses of Funds · Transfers Out of Capital Projects Fund PUBLIC IMPROVEMENT FUND : Source of Funds : Girard Project Santa Fe Landscaping Project Sidewalk Project Total Sources of Funds CAPITAL PROJECTS FUND : Source of Funds : Transfers In From General Fund Transfers In From Public Improvement Fund Total Sources of Funds Use of Funds: Kiewit Property Acquisition Civic Center Project Y2K Project Girard Right-of-Way Acquisition CityCenter Englewood Project Total Uses of Funds $7.614 ,000 Si ,614.000 $1 ,03-t .000 $ 562,000 $ 300 000 $1.896 ,00 $7,614,000 $1 896 000 $9 ,510 ,000 $1,000.000 $2,000.000 $1 ,000 ,000 $ 700,000 $4 810 000 $9,510,000 ', • I ) I • 0 - • • • • ...,. .. • •• ~. Sectjon 2 . The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1999 Budget of the City of Englewood. ADOPTED AND APPROVED this 6th day of July, 1999. ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ... .. I • 0 32X • • • .. • • •·· .. • • COUNCIL COMMUNICATION Date Agenda Item Subject Transfer of funds from the General and Publ ic Improvement Funds to the July 6, 1999 11 Ci Capital Projects Fund Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 1999 Budget and Appropriation on final reading October 19 , 1998. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution to transfer $7,614,000 from the General Fund, and $1,896,000 from the Public Improvement Fund to the Capital Projects Fund. These funds will be used for land acquisition , and the Year 2000 (Y2K) , Civic Center, CityCenter Englewood (RTD and Walmart) Projects. An attachment outlines the use of the funds for the CityCenter Englewood (RTD and Walmart) Project The sources and uses of funds are : GENERAL FUND: Source of Funds: Unreserved/Undesignated Fund Balance $7,614,000 UuofFunds: Transfers Out to Capital Projects Fund $7,614 ,000 PUBLIC IMPROVEMENT FUND: Source of Funds: Girard Project $1,034,000 Sante Fe Landscaping Project $562,000 Sidewalk Project $300,000 Total Sources of Funds $1,896,000 UuofFunds: Transfers Out to Capital Projects Fund $1 ,896,000 CAPITAL PROJECTS FUND: Source of Funds: Transfers In From General Fund $7 ,614,000 Transfers In From Public Improvement Fund $1,896,000 Total Sources of Funds $9,510,000 ' . ., ,, ) I • 0 . ]- • J UmofFunda: Kiewit Property Acquisition Civic Center Project Y2K Project Girard Right of Way Acquisition CityCenter Englewood Project Total Uses of Funds --• • - $1 ,000,000 $2,000,000 $1 ,000,000 $700,000 $4,810.000 $9,510,000 .. .. .. The City of Englewood is required by City Charter to appropriate or transfer funds from one fund to another by resolution. FINANCIAL IMPACT This action will reduce the unreserved/undesignated fund balance in the General Fund by $7,614,000 and funds available for above listed Public Improvement Fund projects by $1,896,000. The Capital Projects Fund will receive a transfer of $9,510,000 for the projects listed above . UST OF ATTACHMENTS Proposed resolution CityCenter Englewood RTD and Walmart Budget F. • ., ' .. • I ) I . 0 32X • • • 1·. ,, ..... -LUTION NO. ffi SERIES OF 1999 ... .. • .. • • A IIBSOUfflON TRANSFERRING FUNDS FROM THE WATER FUND TO THE ENGLEWOOD/McLELLAN RESERVOIR FOUNDATION. WHEREAS , the City Council of the City of Englewood , Colorado approved the creation of the Englewood/McLellan Reservoir Foundation on May 3, 1999; and WHEREAS , certain funds were budgeted from the Water Fund with the approval of City of Englewood's 1999 Budget on October 19, 1998; and WHEREAS , the passage of this Resolution will authorize the transfer of funds from the Water Fund to the Englewood/McLellan Reservoir Foundation; and WHEREAS, these funds will be used for development activities ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon 1. The City of Englewood 1999 Budget is hereby amended as follows : WATER FUND : Sowse pf Funde : Retained earnings $100,000 Uses of Fund,· Transfers out to Englewood/McLellan Reservoir Foundation $100,000 Section 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1999 Budget of the City of Englewood. ADOPTED AND APPROVED this 6th day of July, 1999 . ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1999 . Loucrishia A. Ellis ( . ,. .. .. 0 I • 0 32 - • • .. • ,, ... .. . : ... • - COUNCIL COMMUNICATION Date Agendaltem .. Subfect Transfer of funds from the Water Fund to the ' .. Englewood/Mclellan Reservoir July 6, 1999 11 C ii Foundation Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the creation the Englewood/Mclellan Reservoir Foundation on first reading on May 3, 1999. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution to transfer $100,000 from the Water Fund to the Englewood/Mclellan Reservoir Foundation. These funds will be used for redevelopment activities. When the Foundation's activities generate funds not required for continued operations, the funds will be paid back to the Water Fund. The Foundation will provide a budget and periodic spending and activity reports to City Council. The sources and uses of funds are: WATER FUND: Source ot fundf: Retained Earnings $100,000 UN of Funds: Transfers Out to Englewood/Mclellan Reservoir Fund $100,000 The City of Englewood is required by City Charter to transfer funds from one fund to another by resolution . FINANCIAL IMPACT This action will reduce the funds available in the Water Fund by $100,000 and increase the funds available to the Englewood/Mclellan Reservoir Foundation by $100,000. UST OF ATTACHMENTS Proposed resolution .. ', ) I • 0 .]- • t • .. ,, --• >: l·.1. ' ./ .... ,,. } ;~ . -. .. ' • ' -.. .... RESOLUTION NO.~ SERIES OF 1999 l/tii/ A RESOLUTION SUPPORTING THE ENGLEWOOD/MCLELLAN RESERVOIR FOUNDATION'S DEVELOPMENT OF THE FOUNDATION'S PROPERTY CONSISTENT WITH THE APPROVED DEVELOPMENT PLAN AND THE ADJACENT PROPERTY THE RESTRICTIVE USE AGREEMENT. WHEREAS , the Englewood/McLellan Reservoir Foundation (EMRF) was formed to oversee the development of the McLellan Reservoir property ; and WHEREAS , the EMRF owns approximately 100 acres of the 500 acres tha t are to be developed adjacent to McLellan Reservoir ; and WHEREAS , the imposition of covenants or us e restrictions on all lands wi thin t he development area will ensure a consistent high level of de velopment: and WHEREAS , these use restrictions will provide even greater prot ection to t he Mc Le ll a n Re servoir's wa ter quality when compared to de velopment withou t the re stri ctio n ; a nd WHEREAS , these restrictions will create and maintain a greate r va lue fo r t he la nd t h at in turn ensures a long-term income s tream to the City ; and WHEREAS , the Englewood Utilities Department retai ned THK Associate s as a consultant to review the restrictions; and Y.'HEREAS , after review THK Associates recommended approv al of the "Rest rictive Use Agreement"; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COU!\C IL OF THE CITY OF ENGLEWOOD . COLORADO . THAT : Sectjon 1. The City Council of the City of Englewood , Co lor a do, here by supp orts the "Restrictive Use Agreement, attached hereto as "Exhibit A". Section 2 This resolution of support in n o way waive s or delegat es the City's regula tory powers, duties and respol)sibilities with res pect to zoning and gove rnme ntal iss ues . ADOPTED AND APPROVED this 61hday of July , 1999 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I ., ··. . ... . ' . ) I • 0 32X - • • • ,,.-- • • / ,.. ;i . • .. .. .; • "' -.. .. .. I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 1999 . Loucrishia A. Ellis • ... .. '• ... . ' . ' . ' I • 0 - • • • -.. .,, .. {Space Above For Recorder 's Use) Shea Homes 300 West Plaza Drive. Suite 300 lli&}llands Raach. Colorldo 80126 Aamtion : Legal Depanment RESTRICTIVE USE AGREEMENT (Highlands Ranch Busine\13 Park) DoucJas County. Colo1'3do ... I! X 1-, I 8 I T A ,. ', ' . ' I· 0 32X • • ------.. ~-~:-----------~-~--~ • ./ ... ... .•. ·~ • •• .. .... TABLE OF CONnNTS l. Dt::fl.NITIONS ................................................................................................. l l. l 1.2 L.3 1.4 LS 1.6 t.7 1.3 1.9 uo l.l l 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 l.20 1.21 1.22 1.23 124 1.25 1.26 1.27 1.25 1.29 1.30 1.31 1.32 1.33 l 34 l.3.5 Gcmer:11 ......................................................................................... l Big Bux Re1:1il F:ictliry . . ... . . .. . . .. . . .. . .. .. .. . . .. . . . . . . . .. . . . .. . . .. . . . . .. . . .. . . . . .............. 1 Bus iness Parlt Association ........................................................................ l Cen~r LLC Property ........................................................................ l Community Asscciation .......................................................................... l Coir.muniiy Declaration .. ... ... ...... . . ..... .. . .. . .. . . ... . . . . . . . . . .. .. .. . . . . .................. 1 Oevclopucnt Guide . . . . . .. . . . . .. . . . . .. .. .. . . . .. . .. . . . .. .. .. . .. .. . .. . .. . . . . . . . . . . . . . ............. 2 Englewoocl t'ounu:iuon .. . . . . .. . . . . .. .. . .. .. . . .. . . . .. . .. .. . . . . .. .. .. .. ............................ Z En&lewood Foundation Pr~rty . . .. . . . . .. . . . .. . .. .. . . . .. .. .. .. .. . . . . . . . .. . . . .. .. .. 2 Excluded Property . • . . .. . .. . . . .. . . . . . . . . . . . .. • . .. . . . . . • . . . . . . . .. . . . . . 2 E.-usm:g PSC Gas Transfer rac:1hry ............................................................ 3 Hig::Ua r.lls Ranch .... . . . . . . . . . .. .. . . .. .. .. . . . . . . . ... . . .. . . . .. . .. . . . . . . . . . . . .. . .. . .. .. .. . . .. . . 3 L..iw ........................................................................................... 3 Luc:mt B~:evard .. . ............................ 3 ······· ·································· .. Owr.e: .............................................................................................. ···:; Pan::! ................................................................................................ 3 l'erson ............................................................................................... 4 PA 76 Zone 8 Portion ............................................................................. 4 PA 78 Northem Portion .............. . . . .. .. .. . .. .. . . . ........ ... . .. . .. .. . .. . .. . . . . . . . . . . 4 PA 78 Soud:eru Portion . .. .. . . . . . . .. .. . .. . . . .. .. . . .. . . . .. . .. ..................................... 4 PA 81 Zone B Portion ........................................................................... 4 Plaza Dc:d .......................................................................................... 4 Pla;:a Proper.y ... .. . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........ 4 Record ............................................................................................... S Res1de!ltial Planning Area ........................................................................ 5 Restricted Pruperty . .. . .. .. .. .. . .. . . . . .. .. . .. . . . . .. . . . .. . . .. . . . .. . . . . . .. . . . . . . .. .. . . . . . . . . ......... .5 Restrictions ........................................................................................ 5 Restrictions Term ............................................................................. 5 Review Committee..................................................................... . ......... 5 Shea .................................................................................................. .5 Shea Enforcement ~riod ......................................................................... 6 She:i Property ....................................................................................... 6 Subassoci31 io n Declaration ....................................................................... 6 Zone A ............................................................................................ 6 Zone B ............................................................................................... 6 2 . C.F.NERAL ......................................................................................... 6 2 .1 2 .Z 2 .3 2.4 2.5 2 .6 Purpo~e of Agreement ............................................................................. 6 l)cclarat1on ........................................................................................... 6 luterpreta1ion and Rclalionship to Develupma=nt Guide ...................................... 7 Relation~hir rn Dou1!.l1 County Development Requirements .............................. 7 PbDDin& Area Legal Oescripuoas ..... .. .. . .. .. . .. .. . .. .. .. .. . . . . . ............................ 7 Term 1>r A11rccmi:nt ................................................................................ 8 Ol.RIJllllll..:ISl,e,IID•._pA 77'1o.'"'U .. K·h3 Q6jGT/99 • i . • ., ', I • 0 2 - -. • • • .. ~ .,,-- • •, T • / ·•' .. • -.. ... ~ 3. USE RESTRICTIONS ........................................................................................ 8 3 .1 General ............................................................................. ······· .......... 8 3 .2 Use Restrictioos Applicable to Zolll! A ..................................................... 8 3 .3 Use Rcsmc:1ons Appii.:able to Zone B ... . . ............................................. 9 3 .4 Use Rc~trictions Applicable to Pl= P:opc:ty .......................................... 10 4 . OEVELOPMF.!111 STANDARDS ...................................................................... 10 4 .1 G.:::ic:a l .. . . .... . . .. . .. .. .. ... . .. .. . .. .. .. . . . .. ................................................... 11 4 .2 Stincbnls .... ..... ....... .. .. . .. ..... ..... .. ................................................ 11 5 . SIGNS 11 6 . 5 l Restr ict ions on Sisns .......... .. . . . . . . . . . . . . . . . .. .. . . . . . . .. . .. .. . . . . . . .. . . . . .. . .. .. . . . . . .. .. , ! ANNEXATIONS OF E:'-!GlEW00D FOCl'IDATION PROPERTY TO COMMUNITY ASS0ClA TlCN AND Bl!SINESS P . .\RK ASSOCIATION .............. 13 6 . l Dctininons in Subassoci:mcn Declaration .. .. . .. .. . . . . .. . . . . . . .. . . . .. . . . . .. . . .. . . . . . .. .. .. I; 6 .2 Annexation of Englewood Fcumlacior. Prope:cy co Communiry Assoc:iation and BusiM!s P:uk Assoc1:mon .. .. . .. . . . ................................ 13 6 .3 Amieud Prop.:rty . . .. .. .. . . . .. .. . . . . . . ... ..... . . . . . . .. ....................................... 13 6 .4 Tune of Amieution ....... ................ .. ............................................... 14 6 . .5 T ransfe: of lnie:cst .. . . . . . . .. . .. . . . . . . .. . . . .. . . . . .. . . . . . .. . . .. . . . .. .. . . . . . . . .. .. . .. . .. .. . .. . .. . . 14 6 .~ Manner of Anne:ution -Sup:,lernca!al Dec!anuons .................................... 14 6 .7 No Partic:ipatoa ill Rl!C:eation Cost Ceater .... .................................... 14 6 .8 Only Commn::al Sites ......................................................................... 14 6 .9 Delqace Districts ............................................................................... 15 6 .10 Commwuty Assoc::.-.tion and Business P:irk • .t.ssoc:acion Pr~ny ....................... 15 6 . 11 Common A re:i and Or,en Sp.ic:e .. .. . .. . . . . . . .. .. .. .. .. . . . .. . . . . . .. . . . . . .. .. . .. . . .. .. . . . . .. I~ 6.12 Use of Corr.munity Assoc i.ition :ind Business Park Association Properties ............ IS 6 .13 Evide:ice of Shea A,~i=pbm:c :i.11d of Compliilnt: ......................................... 15 6 .14 Compliam:e wnh Up.:n Spac: Requi:emell1S ............................................... 15 7. MISCELLANEOUS ............................................................................. 16 Amendment and Termin.ition ................................................................ 16 Notices ............................................................................................. 16 Persor.s Enutled 10 Enforce A:reemenl ...................................................... 16 V iulariom C oastitute il Nu isanc: e .. .. .. . .. .. .. .. . .. . . .. . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . . . . . 17 Remedies Cuinu lative .......................................................................... 17 No Implied Waivers ... . .. ............... . ....................................... 17 Cusu and A!t unit:ys· F=es .......... ............ .......................... . ................ 17 Liberal fn~!'J"retation .. . . . . . . .. . .. . . .. . . . .. .. .. .. , . . . . .. . . .. . .. .. . . . . .. .. . . . .. .. .. .. . . . . . . 17 Qovemin; L,1w ............................................................................... 17 Scvernbilicy . .. .. . . . .. . .. . . . . . .. . . .. . .. . . . . . . . . .. . .. .. . .. .. . .. . .. . . . . . . . . .. . . . . . . . . . . . . .. .. .. . . . . 17 Number :wd Gender ............................................................................ 17 7 . l 7 .2 7 .3 7 .4 7 .5 7 .6 7 .7 7 .8 7.9 7 .10 7 .11 -ii . ' . • j .. I • 0 • • • • ,,- • / .,. ·~· .. .. .. .x. • ' .. • ' ... ~ 7 .12 Capcions aad Headiaas . . . . . . . .. . . .. . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . • . . . . . . . . . . . . . . . . . . . I IS 7 .13 No 'Ilainl·P:lny 8eDeficiaria . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7 .14 1.imill:d lldcllC on Transmr... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 18 7. l!i Estoppe1 Ccnificaa:s .. . . . . .. .. . . . . . . . . .. . . . .• . . . . . . . . . . . . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 TABLE OF EXHIBITS l!ldubit A -lC$0lution of Suppon by Englewood City C01111cil Exhibit !S • Lepl Dn:riplioll of E.a:ludcd Propmy Exhibit C • Lepl Description of Exislillg PSC Gas Transfer Fxiliry DU1\l'ulll1<.._\U¥XJ'AT7111"8U•·bJ °"°7199 • Ill • A -1 8-l C·l . ., ' .. .. ' ~ • ) I . 0 32X • • • .. ~ ,,-. • ,. -~ .. .. .. • • ' ... ~ RESTRICTIVE USE AGREEME::-OT (Hig!liands R:mch Business P:i.rk ; This Resuic:1vc Use A&rceme:u (this • Agreement") is ::-.:i.clc md :.s et':"c;:i,·c as of :he wy <>f • 1999 (the 'Effei:tivc Dace ··). by ar.c miong SUE. ... HOMES LIMITED PART ~l::R~HlP, a Californiil limited parmership d/ba Slu:a Homes ("Shea "). whose address iii 300 West Plaza Drive, Suite :00. Hi&hlamb Ranch Colorado 80126 , (Fa:t No . (303) i91-8560). HIGHLANDS RANCH SHEA CENTER . LLC . "C'Aliforni:t limired liahiliry company t'Ccntcr LLC"). wboS1: audn:s~ is 300 West Plii~ Dr:·:e . S ·:te 300. Hiihlands Randt. Colorado 80i26 . (Fa.<t No. (303i i91-8560l. PLAZ . .s. DR!\"E PROPERTIES, LLC . a Delaware limned liability company ("Plaza "), whose :icldress :s ;,c ?:mey Bo,,.~ Clpital Corporation. 27 W:ite:vicw Drive. Shelton. Con=ric~r 06-+S.:. i F:t.\ No . ), and ENGLEWOOD Mi:Ct.El.LA'-' RESERVOIR FOUNDATION, a Colorado aonprofir corporation ("En1lewccc F:iur..::.1non "). whose .idllress is 3400 South E:ari Sr:eer, Englewood , Colo1'3Co 801 10 . (fa,\ :-l o l. 1. DEFINITIONS 1.1 General . Except as the :0111e:t t orr.c::w;sc: rei;~::es ar.d unless othe::wisc C,'\Pressly provided herein . the cap11alizcd 11:rms :.u tl".ls A1re:rr.e!'lt sha ll have the same me:lni."lg as any similarly .::ipita!izcd terms def~ in t!lc Ocve !o;,mem Guille r.,e following words ;md phr:i.scs when used in this A&?Wmcnr sha ll have the ir.ea::ir:g hereinafter spec :fied . 1.2 Big Bo:t R:tail Facjjjrv . "Big Bo~ Rc:.ail Fa d:L:, · ~hiill ::ru:a11 a ~inglc tenant retail cummertial store coniaining ~.000 or mon: square fe:: Jr g:oss floor area . 1.3 Business Park Anocj.arioa . 'Business P:irk Asscci:rnon' shall mean Highlands Ranch Business Park. Inc .• a Color;wo noaprofir corporation, 1t! suc:esson ilD<i ;wigr.s, est.iblish~ in connection with the Subasscc:ation Dcc!aration . 1 4 C;ntcr LLC Pro~rrv "Cenrer LLC Prope::y ' si:all mean that certain portion of HiJhland& Ranch which is more partii;ulaliy described as Lot -1'.l5A , Highlands Ranch Filillg No . 134-A, 2uu .,mcuwuc:111, Cvwlly vf Dvu&las, St.ite of Coloraco. according 10 the Recorded plat thereof. As of the E ifec:ive Date. Center LLC is the Owi:e: of the Cen1er LLC Propeny . 1.!i C,,mmunitv A,sqci~rion . "Cnmmumry Asscdzri on · st.all mean Highlar.ds boch Communiiy ASIOCiation, Inc .. :a Colorado nonprofi1 ~ol'?o:-at :on. ilS successors :111d assigns, establohcu in 1:UMcction wilh the Cummuuity Declarati on . 1 .6 Communitv Dccw;ujon. "Ccmmuni!y Decl:ir:ition " shall me:lll !he Community ~claration for Highlands Rardl CollUllllnity Associarion . Tnc . cuce:l September I, 19g1. Recorded Scp1embotr 17, 1981. in Book 4.:1 bt!iinning ar Page 924, as the same may be amcaded from rime 10 time . 1.7 Development Quid,.;. 'Devclcpm1mt Guide" sha:! mc;ui the Planned Community Di!IUict Oevelopmenr Guide for rbe New Town of Hieh lacds Ranch as &(l[lrnvcd ' . .. 'I . ' J I • 0 . ] • • • .. • ,,.. .. • ' . ... • -' Scprc:mbcr 17 . 1979, by the Board of Counry Commissioners oi Doug las County . Color:ido. Recorded Oc tober 2S, 1979, ill Bouie 373 t,eainning at Page: 187 , as the De velopment Guide may bave bfto ;&niJ hcrc:aft.:: may be ;um;:idcd from time IO ti.ml!. 1.8 E;:;glewood Foun<lar io n . "Englewood Fuunc1'ltion " shall :r.e:111 Euglc:wood McC !tdlan Rescl",oir F\J\ln<iJnoo. a Colornco nonpmtit .:nrpomic:n The Eng iewood Found.ltioo is a Co lorado nonprofit ;:ofl)Or.itiun fanned by tr.e Ciry or Eng!ewoud. ii Color.ido municipal corporar iun (the: "City of E.'lglc:wuuu") 10 own .ind develop the Eng !c:wood foundation Pn.-perty. anil to enter imo '.his Agre:ment. ill ! a) is tv 1dc:::cec by t11e Reso lution or Support by the: Cicy Council of tJlc: C:ry of En1lewood witil:h is :mached ne:-eto as Exhibit A and incorpo~ by rdcre:ic:: !:e~in. Wllcncvcr reference s made :o Eng!ewc1.,"d Foundarion ill this Agrecr..cnt. tile rcfera:cc sb.&ll x llc:med to ~!uuc Eng lewood Foumilmon ·s successo~ ana assaans as !be ierms ·successors and ass1g::.s · uc iimire:1 in mis s~i:or:. A party mall x dec::r.1 a "suc;esscr· or "assign· of E:ig!ewocd Foundi!r ion oniy if spcc:fically designared ll1 a wrinen illld duly Re::nrdcd in~rument 3~ a sut:c~sor or :issign or Englewood Foundation uncer this A1r=mc:n1. and sh:i 1 be de::ned J S1.:cc::~sor or :issiar. or E::g le•.11ocd Foum.!a:ion 'Jnde~ th is Agrecmenl only as tc ;!:e ?articular rights or inll:rc:~ts of Engiewocd Faur:dation ur.de: rr.:s Agrcemer:t . md/ar cnly wiL'l :espa:! ro :he 9arucul:ir po:uoa or t11e Eng lewocd Found.i t:or. Propc:ty . whic.11 ;ire spe::ifkally deS 1ir.at.ed in si;ch insuument Jn.: then subje::t ro such hmicauom and :emic:ions as shall be se: fort:i ;n 1uc :1 in.~tru;r.e:i t . e:<:::::pt tha t ~ pa::y 3cqu m :i g all or substintwly all of tbe ri&ht. ritle illld :ii:::n:st of Englewood Found;t:on in tbe En;ie"'ood Foundatioa Propc::y (or remamir-& portion lhtreoI') upon dissuluuon . by upt::at iun of ;3w or by other involunwy transfer . shall autollliltic::illy be i:lc:mc:1 a successu r and assig:1 of E::g lewood Foundation under th i~ Agrerment . Notwithstanding tile forecoin&, howeve r , an y transfer:: of any por.ion of the E:11lewood Found.men Propeny from Englewood Fcu::c,mon sh:ill constirure the Owoc: cf such portion hereunder and such transferee, its suc::essors and as~igns . ,hall have the :ights of an Owner hereundc: alltlough it aces not consri 1:.re a ·successor · or ·assicn · of Englewood Found.ui.in for purpos,:s •:if tl:'~s Agreement l.9 Eng !cwoaj Found,u ion P~aoem·. The "E:lg !c · .. ow f 1:um!:1:ion P~cpe~,-· sbll mean those certain portions of Highlar:ds R;;nch wllicll are de fi ned in :he De·,e!opmc:nt Guide: .l:. Plann ing Arc:181 lllli Pia.Ming Ar::i 85; prov ided. llowever. Iha( the En&!ewood founda tion P!'Op,erty (and the tenn "Plannin& Area 85" u ~d 10 ttis A1r:ement) shall iutomatically :,e deemed :o exclude . effective as of the ;fate oi the dedic:iticn or conveyance of sue!! ri&ht-of- wa y . auy ponion of Planning Are:i 8~ wbic:h i., localed weste:ly of :he c:i!tc:tly boundary of the r ight-of-way tor any utension of Pt;iu Urive "Nhich hereafter may ~ ccnveyed or dedicated tu Dou1Jas County er any other govcrm:ie:iral or qu:isi -1overnmc:nt.1! mrity as a public right ·of- w:i y . As of th,: Eff~tive 0.11:, En11 !cw oo d Foundauon is the Owner of the E:iglewncd Foundanon P:upcrty. l . lU E.w!ylji;d l';pp,;rty . T.'le "Exc!udec Prop,:rty • sh~ll me:in :hose ce:-:;im purtiuns of Hi1hwids R:wc!l w!l icll arc more ;,articuluiy des1:ribcd in E:<nib 1t B atuc::ietl ncr<:to and ino;orpor:ucd by refe:-enc:e he:-c:111 and which . ;,r:or to the Effective Da te . were ;old and conveyed by She:i or Sbi:-.i 's predece.ssor bc:orc merae:, Mimon Viejo Compan y. :1 (3Jifor:iia corpor~tiou. to othe~ Persons and therefor: whic!! an: uul a p•rt of Ll 1c: Rc:s tr :c ted Propcr:y hereunder and 001 subject to the Restrictions in lhis Agre:ment 1.1 ! Existing PSC G1• Tl'3n~fer facilicy . The "E.,isting ?SC Gas Trmsfcr Facility " shall nY.in the Mtural i:u fac1 luy whu:h, as of the F.ffecrive D41e , 1S lcc:itc:1 upon th.at ccruin DUI\Plll>lic;l.libcal ll• .. , A 17\Rn&\J,cl( ·h.l OCi/07199 • 2. • ' ' .. • l I • 0 • • • .. ~ __. .. • ,-. -.. ,. .. ·, • -.. .... po"ion of Ille Excluded Property more jl3rtic:ilarly descr ibed in Ext:itit C anac!led hereto and incorpor,11ed by refe=e herein. l.!2 Higlllands Ranch. "H1ghbr.ds lunch ·· sh:iil ~'l !1131 ce:t:lin re:il property lcc:i~ iJI Douglas County, Colorado which is more particular!:, described as the • Anne:ub!e Are:i • in E;s,.';jbit B oittxhed ro the Communicy De:laration. 1.13 ~-·uw" shoill me:in all laws. statut~. 1.mJw:im:cs. resolutions. orders. ~odes. rules. rqul:ltion,, judgments. dec::c:s and other requirements (i.ncludin&. w1tho1.;1 limic;ition , the Developmc:it Guide amt requirements under i:e~i!.S. lic::ises . cor.sen:s and approvals) of ;my fede~I. St.11'::, county. dcy, cown or otter gc ve~::me::tal aut."lor i:y h.iving jurisdiction . 1.14 Luq:nt &ujevard. "L.ic:nt Boulevard " shall mc:m U:l! ce:-:ai.n pi;bllc strt:er loc:ued in Highl:uids R:inch it.iown as Luc:nc Roulevard bi;t 11,t;~:i. be:ore c::an~e ili :u.-nc. w:is previousiy known as Hi&hland! Rmc!l Boulevard . 1.15 Owne~. "Owr.e~· shall :near. tllc l':mon. er 1: mere er.an cne . all s.:ch ?i:rsons co il ective!y . who holds :'ee siir.;,:e title oi Re-::ord to a Paree! ·;.·ir.':m ::1e R:str :c:e-.: ?:op,:rty from time to !IJlle. ir.cluc :ng . w:tho1:t !imit.1tio:1. se!le:s ur.ce: :.'tt:c·.:t or:1 conrrac :s for ~le and exc!udillg buye:s :he:-eunce: a!llj :ncl~l!i:i g. with out fo-:1iution , landlord.! unde: leases affecting a P:src::! willlin the Restric:ec Prop,:::y a::d exc !ud ing ,e!l3llts :.'le:eof; provide::. howe ve:. ll:at the Person wl:o would otherwise consu,.1te :he Owner of a P1re::! wi:::.m :.'le Restncteu l'rnp,::-ry hereunder sh31l have the right :o :is~ign it~ rights WlC:Cr tJus Agree:ne:l! with respe:t to such P:ircel. on an exi:luaive basis 3I".d in whole but nOf in pan. to ar:other Person who holds a beneficial imcre,t i.u ~h P,m;el (illl;!uding, without limitillicn, to a renant or' suc!l Parcel , or a portion the:eof or sp:ice within any ir.-.prove::r.e!ll the:eon. fer the term of suc:i tenant 's le:.se ) by a written assi~c a .:opy of wl::cll h3S been deli vered ro t.'le Business P:irk Association From and 3fter !he date of the Business Park Assoc iation ·, rec:::pt :i f s-.ich assignment for the dur:uion of t.'le period oi such .issigr-.me:u. suc!l .1ssi1r.cc sha :! be cnm!e:! :o the ,ii;hts of such Owner hereuooe: and suc!l Owntr sha il noc be :ntiiied to or !la ·,,: )u..:h :ight) bereuu\!e: as che Owner oi such Pare:!. l.16 Pa!'Cel "Pare:!'' shall mean an y of (a) t.':.t: Sr.e:i P:op-:rty , (b) cJ:e Center L-C Property, (c) the Plaza Propeny , (d) the En1iewood Found:t :cn I':O!)\:rty. (.:) any 101 . 1racr or parc:el of re:il ;,rope:ty within the Restt:cled Properry that is hereafte: so ld or conve:1eu without viol:uicn of any Llw pert:iining to the 5~1:div ision of land as c:escribed in !he m~trumeat of conveyance mos: recently Recorded, and (f) any Im (including witho~t limit:mon . an y lot which, ;as of the Ef!ec:ive D31e, exists with in the Shea Prope~y or tile Plaz:i Property) tnet or par.:cl within the Resuic:ed Prope:ty now or bereilt'ter show;: on :i :ir:.tl subdivision ;,lat approved in accorJmce with Law {or not requiring suc:1 approval ) ilnd appe:mng of Record, in any cast not mc:luding any ucit :n .i condomin1um or interval estate :;rojcct , but includ ing :he lot, tract or parcel on which the enurecy of J condominmm or inre~v:il e~ute prnJect 1~ lcc:ircd . l l7 ~-"Perso11· shall mean any indiv1dL1.1I. ,;orpora1ion. pume~~h ip (ge::eral or limite\l, with or wichouc limltet.1 liab il ity), limited liab1hr:,, comp.my. estate , trust. business trJst, .woci.suon or any Olhe: legal enticy. I>LIN'lablic '~hnW•a;l'A 77\lln&U>dt·IIJ 06/0719'1 • 3 . • ' ' • I ' ' ) I • 0 - • • --• .. • ,--... • - 1.18 P,\ 76 Zone B Portjon . The "PA 76 Zone B ?ortion· shall me3Il :h:ir ceruin portion of PliWWig Aic:i 76 w11lc:r 1.bc: Dc:velopme:n Guice whic!l is generally des<::ibc:d as that portion of Lor 4358, l:ilgb.1:uws R.ulcll. t'illn& No 134-A, 2nd Amc~ni. County of Douew. State of Colorado. ac=o~ to chc Re::urded plat tlle:-eof. and Tract 0, High13nds lunch Fiii.'lg :,.lo . 134-A, County of Douilas . St:11e or C,,lorac:o . according to the Recorded plat lllereof. wb:!: is loc;ued northerly of the ncrthem bt..'llr.dary of :.':e r11h1 -of-w:iy for Tl)wn Cen1c: Drive, southe:ly of a line located 380 ~t nol'tll.c:ly of and parallel to such nurtllc::u bounda.ry of tl:c ri&ht-of-way for Town Ccn~r Drive. wester!y of the western bour.uary of we right-of-way for Lucent BoulevJrd and e:i!-terly of l line IOC3te:! 380 tee: we5te:!y of Jnd parallel to sa:d western boundary of !he r1gh1-of-way for Luce:11 Boulevard . The PA i6 Zone B Portion is a pan of the Shel Property . the Rc:stricu:11 Prcpe:ty and Zone B '.11:re-.:r.de:. 1.19 PA 78 ~oohem Portion . "PA 78 Nor.hem Par.ion '" shall mei, t.'1<11 c~rt:iir. portion of Planning AreJ 78 which as located northerly of a lillt' whic!l as the no:'tllerl y bllundary !me of tbc r;ght-Qf•way for Monument Drive ex:e::d~ we~te:!y to the wester:, boundary oi Planning Area 78 and eas,e:!y to the ~aster:. bour.d3C:,' of P!:1MJ1:g .a.:e:i 78 T.,e PA 7S Northe:n Portion is 1 part of t.he She:i Properr:,. tile Rcstr :c:d P:operry l.'.:.; Zor.e A he:e:mcer 1.20 PA 78 Soother:i Portion . ··p,\ 78 Scut.1ie:n Pornon " shall r.,e:in :n.:ir cer.;iin portion of P!anning An=a 78 which cons1Sts of tt.e e:u:re:y of P l;in:i1r.1 A::-ea 78 exc :ud 1ng !be P.o\ 78 Northern Por:ion. T.~e PA 78 Soutbcr.: Pomo:: :s a ;::iarr of the Slle.1 Proi:;er:y. the Resr:ic::ed Propc:ty and Zoac: B hereur.cer . 1.21 P." Bi Zone B Portion. The "PA 81 Zi.ue B P-i ruvu · stall mc:a;, EJ1.11 ;en.1111 portion of PIJnning Area 81 uncer !he Development Guide which 1s Je::e:all y de~c:ibetl as located norJie:ly of the soud1em boundary of Plaru11121,1 :\:ea !! I. scu:terly oi a l:ne :oc:ated 380 feet :1ort!ler!y of md parJllel to s.1ic southern bound.Jry cf Plan.,mi Are3 8 l . eas:erl y cf ttc eJStcrn boundary of the :ii;ht-vf-w.iy for Luc:e:tt Bou levJrd and westerl y of a line loc::ited 380 feet easterly of and paralle l to said casiern boundar y of etc nght-of-way ror Lucent Boulevard . The PA 81 Zone B Portion is a part of the Englewood Foundation Property . !tie Restricted Property and Zor:e B hereunder 1.22 P!aµ Qm;tl . "Pim Deed " shall mean tiiat ce~tllll Spe:ial Wa:ranry Deed ~J May 27, 191j'.i Recorded May 28 . lli'JIJ m Sook 1713 at P3ae 2":B by which Shea conveyed utle to tl:e P!aza Property :o Plaza . 1.23 Plaza ?roperrv . "Plaza Prope!'ty" shail mcm t.'lat 1:~rtain portion of Highlands R:mc!1 wh ic!:i is more pamc:.ilarly defined ;is Lots:. 3 :ind 4. Highlands Rancll Filing No . 140 , County of Dougl3S. State of C 1Jlorado. ac;;ording to the Re,.;on!ed plat thc:eof. As of the Effective Date . Pl:lu is the Owner of the Plazl Property . 1.24 &iswl -"Record" or "Recorded" shall meJn the filina for rec:irc of :my instrume:it or dcc\lmellt in the office of the Clerk and Re:orde: of Doualas County, Color:1110 . I .!S Ri;sjdmfjal Planning Ar,a. "Residential Plannini,: An::i" shall mean any of Plannin; A:eu I through 7, inclusive. 20 through 3'.l. inclusive. 40 through 59, inclu~ive, and 60 duoui;!l 67 . inc lusive, under the Deve!opi::c:nt Guice . DUIIPuOlocl.S-IV•11:l'A77\Jtn11J,clC-hl 06,U7/99 • 4. . . I • 0 • • ~ ,.,--• • ' . . •· ... • -' .._ ' ... -1 • ... ._,.. ........ __ I -• 1.26 Resttic:ed Properrv . The "Rest:icted ?~ope:.;/' shall :nean, colledvely. the E:iglewood Foumfation Property, the P!ilU P:operty, tile Center LLC Prope:-ry 111d the She:a Property; provided, howeve~. that the Restrict~ Property shall Jutolll3tic.llly ':le dce:ned co exclul!c:. from time to time, effective as of the date of the dedic ation or convc13ncc :hereof, any portion of me property initi:illy defined herein as a part of the Resrricted Property wbit.'1 portion is Jedic:aced or conveyed :o my govermr.encal or quas ;-governmcntal entity (including, without !.imitation, Dougias County or JnY Highlands RJnch ~le:ropolitan District) ~ :l right- of-way for public use as a road or street. 1.27 Rptri,:ions . "Restricnons" sh;ill me3n coven:mt~. conditicr:~. rt!srr :ctions. lim1cat ior.s, rc,crvations, c.,c.:ptiun~ a.nil 1:y_uit.1ble serv in;des ;iff~dng real prop<!r:y 1.28 Resmc11cns Term . The "Restnc:1ons Ter:n" shJII mes n the ?e~1od conm:cnc:na on the Effe-~tive Date and termin.it:.n;: on the 11.lte wh1c:; 1s 20 years ant:: the Effective Date. l.29 R;v ie•11 Ct>gunit!ff . "Rev iew Commm~ · sh~:: r::<!:ir. the R~·,:~w C omrn:ct~ established unde: Article VU of t!1e Subassoc:at:cn De :!aranc::. 1.30 She3 . "Shea · sh:all :r.e:ir: She:i Hor.:es -i.T.i~J ?:ir:ne:sh:p . :i C.1iifcr:1i:i !ir.:i:e:i partnl!rship d/b/a Sho Homes . Whc::ie·1er :efe:e:11:c b :r ... uc tu Shea in :hi.) .-'.;;n::eir.e:u . the relerence shall be deemeo to 111C!ude Shel· s suc~esson .lnc1 as:;1;;:ns as t.'le te::r.s • successo:s and assi:ns · are limited in tJiis Section. A ;:a r:y shall be dce:ne:! 1 ·suc:~sor· or 'assign" o f Sl:t:J only if specific:a lly designated in a written and duly Recc:~ inst ru~nt is a S'J cc essor or a.ssign of Shc:t under this A&rccmcnt, and shall be deemed .i ,,.;;essor or .issi gn of She:i under this Ag:-eement only as to the particular ri&hts or interests of S;;e3 u~cer this .-'.grecr.;e:11 , 3nd/or only with respec: to the particular ponior. of the Shea Proper ty , wh1c!l arc spc;;;fica ll:, desi&nated in such instrume:ir ar..d then ;ubje:.:: to such lir:m:moos and rcstric:1ons as shlll be set forth in such insuument, except !hat J p:i.rry a.cquir ini all or s;.;bscant iall y all of the right, tit le and imerest of Shc:i in Highlamh Ranch (or ~maining pomcn chereoi) upon disso lution, by operanon of law or by othe: i.nvolumary IJ'3Dsfer , shall Jutomaucall y be deemed l successor and assii:u of She:i under this Agrce:nent. Norw irhsr:mcing '.!le foregoing, hcwevc:r, any trJnsfe~ or :my portion of the SheJ Property from She:i sh:iil cn n~t irute the Owner of ~uc:-i poruon hereunder ;inJ such tr;inste:ee, its s~cctssors :me ass:gns, shJll llave the :igh:s of :in Owner ~;eundt: althou&ll it '1lll:s uo t coust irute a "successor· ur ".wign" oi Shea for purpose~ of ttis A&reemen1 . 1.31 Shejj E;1ton;,!JlNII Period . "Shea Eniorcemer.1 Period .. shall mt'Jn the perioo of time dur:ng which Sht:a. its suc::essors ;ind a:;signs . 5hall have the rig~t to e:ifo~e the Restrictiom and other provisions contained in this Agrec:nent as provided in Section 7.3. which period or time shall commeuce on the Ef:ective D3te and whic:: shall expire on tl:e earlier of (a ) the date \lpoll wl\ic:!J SIIC3 sh:iil have sold .md conveyed the last lot, tract or othtr parcel of rc:al property owned by it ir. H ighl:mds Rar.ch . or (!>) the e:"<pir:it ion of the Restr:c:ions Te:m. 1.32 Shea Proprqv . Tue "She:a Property · sllaU rueau those certain portions of Highballs Ranch which :arc definlld in the Devclopme:it Guic.e JS Planning A=C:lS 76, 77, 78 and 80. excludin&. however. tile Exc luded Property. the Center LLC Property and tile Plaza Property . As of the Effective Date, Shea is :be Owner of the Shea Property . Dl.H\'1.llul:\SIIC\Dvx,A nlllad.!.C-h) 116101/99 • s . ) I • 0 -- • • - .. • ,.,.-. • .. ,. ... ... • -.. ... ~>t \. ... ,, .. ,,_,-o W••·--1 • 1.33 Subassociatior. Declaration . "Suba~">OC :ation Dec!:ua1ion· shall mean the Subassoc iati1Jn Det:!aration fur Hi&hlands Ranch Business Park. Inc .. d:11ed February l4, l989 . Recorded February 21. 1989 in Book 841 at P:igc: 1115 . .u :une:ldcd by !he Amendment of Suba.ssoc :ation Oec!ar.ltion for Hi&hlands Ranc:h Bus iness Par.It , Inc ., da1ed June 7, 1990. Recorded June 11. 1990 . in Sook 9 16 at Page 49. and as :.'le ,alilC may be further ilmended from ume to time . 1.34 ~-·zone ,\ • sb:111 mean :hat c:::uin par.ion of the: Rc:~tri1.:tc:u Prope:::-· consisting of: (a) Planning A!C3 76. exc!uding the PA i6 Zcnc: B Portion; (b) Planning Arca 77; (c) Pl3nning Arca 81. exc luding !he PA 8 1 Zor.e B Pcrtion : (d) P!:uming Area 8~: and (e) the l'.-\ 78 Northern Port ion . 1.35 Zone B. ··zone B" sll:111 me3n th:it .:e~!.l1n po:1ion of the: R~~rncted Propc~t:' consisting of: (a) P!anning Are:1 80 : (b) the PA i 8 Sou!her:i P-:nion : (;.;) thc: P.!\ i6 Zone B Portion ; and (d) the PA 81 Zone B Portion . 2. GENB.~L 2 .1 Pur;cs of ;\g~:::nc:i:. The puf?ose 0i :his Aire::m::nt :s :o m1po~ ce~;:;ir: Restridons. (a ) as a part of. pursuant ro J.llli in fu~ .. ,e:-:i n~ of l :omrnon and general ;i hm to lli:ve!op il1e Restric:ed P:operty for :he puzpose of er.t...ir.c:ng .uic p:oti:cting the ·, al uc. desirab1hry and acractivencss of :tc Restricted Propert:,·. :u:c: (b} to restrict ce~.:iin uses of, anll ro require the idbe:cnc:: to ce:uin developme:it swidards in t."c imp:oveme:u ind dcve:opme::t of. tbe Restricted Pror,e:ry in iddi1ion to the Rcstricrioas ax:c c::ve!opmcni swldards appli.::il:le to the Restric:cd Propc:ry under the Development G..::dc . 2 .2 Dec!mtjon. Shea (w ith respci:t to !l:c S::c1 P~operty ). Center LLC (With respect to !he Cc:iter llC Property ). Plaza (wi~ rcsi;e~: :o the Plaz.i Propc:ry ) .mu ~lcw1..'l.'d Four.daticn (wilh ~spect to ttc EnglcwoocJ Found.aucn Prope::y ), c::i c!: hereby <lec:ares ,hat :he par.ion of the Restric:cd Prcpc:r1 owned by sue!: :es;:~;::ve pl::y shall~ owned , he ld . transferred. conveyed. sold. leascl, rented, hypothe--..ate:1, encambered , u~-d. occup1c:li. mamta i:1ed . ~lter~ and improved at all rimes subj~t tc tl:e Re5:r1c:ions se: forth in :his Agreement. for tbe Restrictions Term . The Rcstric:icr:s ~nd other provisions of this A;ree:r.enr (a) are imposed u equitable servitudes 1.1pcn the Rest....jc:ed P:operry as :1 serv ient renc:nenr for the benefi1 of c:acil Pan;c:J within the Restricted Proper::-· a.s a dominant te~enr. (b ) ue inte::ded to and sba.ll run with tt'.c title to the: Rcstr:ctea Propen:,,. unul their upuation or temunation in accordance with the terms of this Aa re~mc:nt. {c ) ;hall bind and be a charie upon (i) the Re~uic:ed Prope:ty. and c3Ch pan and P:uc::I tte:,:of :ind (iii Persons ownina any right. title or inte~est in the Restricted Prcpe:T/ and meir hei:s. personal rcprescn~tives . suc:essors ;1111.l •~i1ns; and (d) sba!l inure to the be:ief11 of (i) illl of the real property within :be Restr:crc:ll Prope:ty and e:icll part :ind .Parcel thereof. (11) eac!l O•.vner of any Parcel w1thlll th,: Rl!ll1rii::ed Proper.y :md their heirs, pc:sooal reprcxniatives, suc::ssors :illl! assii;ns. (iii) :he Business Parle Assoc iation . .md (iv) Shea and its successors and :i~~ign~ 2 .3 Inte;prc:tation and Relationship to [)cv,:lopment Guide . TI1is Agreement is intendi:d to supplement, but no1 to amenc1 or supersede , the :t-:ms .ind prov 1s11Jns ot :Ile Development Guide. which is and sball remain in full fon:e and effec1 ill accordance with its terms and prov isions . This Agreement imposes Restric:ions upon rh e Resrric:ed Property whicll m cerl:lin respeets are more restrictive than t.:eruin provisions :q,plic:ible to the Resttr.ed DLMll"JbliclSIICIOva:l'A 77\Rat\Jtd.-113 06/01199 -6- .. .., .. I • 0 -- • • • .. • ,,-. • '·· .. • - Property se! fonh in the Deve!opr.1ent Guide . In lhe event :.'lat t!:e :e is Jn y contlict between the Restrictions conuined in this Agreement ;md the Restrictions cnnuined in the De•,elopr..e:;t Ciuide, th: more restrictive Restrlctions shall control. Additiona!!y , nothing here:n shall prevent [Ile imposiuon of aduitional and more resrr :cuve Resuictions upon illly purtion of the Resuicted Prope:-ry by the Owner of such portion in ac;:ordance widl :he require:nrr.ts of applicable Ltw . inciuding. without limitation. purruam :o any deed by whic:: suc:i ;,or:ion may be convcy1.-d by suc!l Owuer . 2A Relationshi p to Doug las Countv Deve!oprr.ent Recu1rements . NoU:ing in this A~reemenl shall be const,Jed :o limit. modify or abrog3te an y L1w which otherwise app lies to the use, development or ur.prove:nent of the R~otricted Prope::y. ir.clud:.ng. wit.'lout limit.1rin n . the Douglas County Zoning :lesolutioo and thi; n:qu,reme:u :he:ei.;nt:e: th:it the Owr.e: cf a P:an:e! wilhin ±c: Restricted Property obtain Doi:g l~ CuuuLy ', ~1=;.m:,val of a 5itc im provement plan ill order to proce:d wit!l tile aeve!cpmem and imprcve:nem of s-.. ch Pa:~e : w11.'un :!:c: Re~tricted Prope:-ry . 2 .S Plaru;i.ng .&.re;; Legal De:!<:npcions . Por::cns of :he Rescr !c:e,j Propt::t;, arc desc:it,e,j herein as par.icu.3r Plann;ng A:e-.is 3S cefine-:i and prov :d~.! m the De ve!opme:it Guide on the E!!ec:ive Dace . The bound.lries of the P!an.":i::5 A:~:is ,,..ittin th~ R~st rii;~ Prop,my u nder this Agreeme:11 stall ~ ,ls th e s;ime exi.st undc:: t.':e De·1e!oprr.~:1r Gu:de .:in c.'le Effective Date (as c!lc same cy be .::ud i:ied pursur.nt to the "Bc;·..:r.c;i,f /\djusttnent Procedure,· as llerei.cafter defincl), notwithstanding ~uy u:iaug-: iu U1e l~1io11 oi an y sue :: boundary (other lh:m any such ch:ul&e pursuJIJt :o Ule Buund;;.ry Adjusanenc Prcc e:i .:re ;. er aI:Y change in the Placnini Area desi&nacion of m y portion of !he Re5u:c,ed Prcpe::y. occ:ir:mg .ifter the Effective Date pursuant to an amer:dir.enl co tt:e De ve :cpme:it Gu ide r...:,Je afte: !he Effective Daie. Se-.:tion VG of the Developmcn! Gu1l1e spec:f:e5 IT.Ore ?anicul:irly the boundaries of a particular ?tannin& Arca and sets ~or-.ll a proc:cure fer more partic;ilarl y refinin& the bcundaries of P!annii.& Are3S (the "Boundary .-\d ius::::e:u P:occlure "). Toe boundaries of the Plann ing Areas which are a part of :h e Re~:nc :.e:: Property he~e:mde: s~il. no1withstnnding the foregoing. be 3S :be sa~e :r.ay be detir:ed a::d re~ineo from time to time pursuant to the Boundary Adjusunenc P:ocedure . '.!.6 Ter::i of Agre~me:cc . The Res1r :c11ons conraine:: .n :.'ii s Ag~ee:r.e:lt shlll be effective and apply to the Restric:ed Prcp!rty on ly :or t.iie cc.:r.i t:u:: of !he Re~tr ic:ions Te:-m. except as is ochcrwisc provided in Sections l.9 ind~ ,mu as is :iere~l'ter ?n>v;ded w it..'i respect 10 the "Continuing Use Restrictions,· as hen::nafter dcfi::ed . and subject to ear!y termin'1tion :as provided ill Section 7 .1. After the e:tp ira t:on of :.he Restr ictions Te::n, the Restrictions (othe~ than the Con1inuin~ u~ Re5tric:ioc.s) set forth in this A~rcement shall n:i longer be of my further force or effec: or apply to tl:c Resuic:e:i P:-operty . and the Rc:~t:ic:ed Propeny, and each portion thereof, may be used for any ;,urpose . other t.'l.in resi\!1...:1i1! dwelling units. permiaea under the zoning 3pp ii cabi~ thereto 1:1 :et ~or:h in lhe Deve lopn:.ent Guide (die "Continuin& Use Restrictions ·'). Tne Cont:nuing Use Resmctions sha!l be perperual 3 USE RESTRlCTIONS . 3 . l ~-From md after lhc Effective Date ur.tii the expinuon of the Re,trictions Term: DLff\l'llllf,clS,-\Uoa;l'AT7\JlnaUICK.bJ OIIOT/99 • 7 .. • • I • 0 ..... • • • .. ~ ,.,- • . , ·, • -.. (~) Any new building or olher sttucture builr upon :my P:in:el wiL'lin the Restric!Cd Property, IDd ~y P:iro:I within tbe Restriaed Property , 111:1y be used; (b) Tbe ux of any existing buildin1 or structure upon, or any 1':artel within the Rl!'Stticted Property . may be chan&ed or extended; mi (c) Any e:ust in1 buildi.Ag or other st.-uc:ure within the Restricted Property may be enlar&ed, reconsuuctcd, structurally altered , conve:trd or reluc:ued; For my pwpose pmnitted or required by the provisio.is of thtS Artic!e Ill applicable ro rte panicw.ar area of the Restric:ed Properry in wbil:!l sucll building, other suuc:rure or P-.m:e i is locarcd. and !or 111> omc~ purpose . 3 .2 Ug Restrictions Apcljc:ible to Zar.; A. Tb!! ;,or.ion of the Restric:ed P:openy loc:.mi wilhin Zoar A may , except as is olherwille be~e :naf-..e~ prov ided in Se::non J .S with ~t to the Plaza Propcr.y, be u5Cd for any uf the fo ll owing ?Urposcs . but ~er no ocher pu."7Cse . during the Restrictions Term : (a) Administr:inve Offices md P~ofe~s icr.al Ot:lces ; (b) Scrvii;: Cummi:ri;i.&J, primar ily to ,erve the eir.p ioyces in the Re~trK::Cd Property tDCluding, bur nor limited to , resrau~is (e:tc:l~i.'11 dnve -ttrouah fac:il ines}. banlt.s, barber shops. cleaners. m:rc:ition f.iciliril!S, aad day ::arc fac 1i 111es ; {c) Hotels and ~orcl3; (d) Pub lic and quas i-public buildings am~ suucrures. ;nc!uding . but not !imitrd to : po~e stat ions, fire stations. libraries, pu::lic rec~i:iot:. :and emcr1cncy c3:-e facilities me. except as olherwise te.-eill.llfter providec, Public Utilines; excluding, bowe-rer, Public Utili ties (odler than any Pub iii: Utilities in existence as of the Effective Dare, inc!udi.Ag, without limiral.iDJl, tile E.,isting ~c; Gas Transfer Fac1liry . which are and shall be permitted) lh3r arc ilbove gr:ade buildings or srructures 001 necessary to se:-ve properties located within a radius of 1,500 feet of such buildini or s<ructure; {e) Transit f.acilities or other fa1.:ilitic3 uc~ii;m:1.1 \U ;uh;wi;; ~IC IISC of public tnnSit ; {f) Accessor y Buildin1s and Accessory Uses pr imarily to serve the employees of a building or Project within the Restric:ed Proix:.-ry with ii US\: utlll;rw~ permim:d herewider, iacludin¥ but not limited to lunchroom. e.1feteria and recreational fac ilities net intended for public use; (1) Si;ns, aa set forth beluw in~; and (h} Off-street parking as pruvllkd in Section XVI cf tile Development Gui&le. excludin& free SWldinl: parking srrucrurcs lh3t arc net .wocia!ed wilh a use ~ise pcrmitred Wider this Aateement. DLJl\l'lllllil;\Slim\DwacP/\ffildll:..C ,11.l 06,U7199 . a - \ ... ', · ... I • 0 • • • .. 1' -· • ,. , ' .. .. • -.. ... 3 .3 Uw Restric:iogs Applii::ible 10 Zone B. The j?Ortion of the Restricied Property loc.aled within Zone B may be :.i:ied for any of the following purposes, but for no olher purpose, durin& me Restr'.ctioos Term: (a) Sc:entific and JPJ)lied research. developme:u md tcsrina: and s~ non-offensive li&hl llldustria1 uses relsled to the lilbr:catiou and processing cf prodi.c:s ;uxt maier1.&h foe experimencal purposes; e:u:ludin&, howeve:. me m.oufacmre er assembling of products t'or sale and excluding any operation that emi!l dust. smoke. fumes. 1u. noxious odors or noise beyond the boundari~ of Ille Pa~l upon whic!l sue!:! opcr:mon is loc:ited; (b) Administr,mvc Offices Jnd Protmioc.il Offic:;s; (c) ~rvi1:e Commi:rdal :llld Recreation Cl.lmn:e:c ial, pnmanly to sc:ve tlle Cffl{lloyees in the Restr:ctcl! Property. u:c!udin&, but net limiie-J 10. restaurants (exc!udin& drive -through fac:lities), banks. barber s.'lops. cle~rs. re-.::-eation faci lines. and day care facilitie~; (d) Hotels and ~ore:s ; (e ) Ret:iil Com:r.en:i.ll inc :udina. lrut not fonited to, stores fer !he sale of baked &ocxlS, clodling. !lowers, jewelry, Sllce5. sporung gooili am1 tuys; exduuing . l!uweve:, Bil Box Retail Fscilities aud a:1y sexually or:c:lled bus111ess; (f) Pubiic md quai-public buildinas and srrucrures. im:l uding but not limited to: polia mtio11:1, fin stations, libraries . public recre::t ion, and emergency c:ire fac:Jines aad, except as odlerwise hereillal'ler provided, Publ ic t,;tiJities; e.:tcluc1ing, howe.,e:. Public Utilities (ocher lhall :my Public Utilities in existence as of !he Effective Date whic!l ue and shall be permitted) that are above g~de buildings or struc:urcs not necessary to serve prope:tics !oc::ited wilhin :l r:u!ius l)f 2 .500 feet of such bwldir:i; or structure ; (&) Public and private schools and technical schools; (h) Transit faciiiues or othe: !:icilities des i;ned ro e:1hance the use of public transit : (i) Automobile Se:vice Stations as prov ided in Sc.tjcn Xl of the Development Guide, except th.I pennitted uses in connection thercw:tb shall include only the sale of petroleum productS , minor automobile maintc:iance, assoc iated car wash fac:Jities, incicmt1l food and beverage sales, quiclc•service ~aurmrs. a.nd signs; (j) ColillJlWlity Infonnation Cen11:rs ; (k) J\cccssor/ Buildings and Accessor1 Uses. primarily m serve the employees of a build iui or Prujei:t wiu.i .i .il>t: otherwise permitted hereunder, including but not limited to lunchroou1. c.ifeteri.a and recreanollill facilities not imended for public use: (I) Sians, as set forth below in ~; ~ l>lJl\l'lillli:\SllalOvacP., 77\ltcMUselt·o&l CIG/071911 . 9 . .. ' ... . ' • ) I • 0 •• • • .. ~ -· • 1 ! . .. ..• • -.. (m) Off-stiff! parking ilS provided in Sec;ion XVI 1Jf tile Deve lopment Gwdc, e~lucfin& free sl.lndin; ;,mini; str\.Ctures that .ue oot associ.ltcc ·.vith a use otherwise permiaed under :his .~iree:nc:u . 3 .i v~ R~rictinns .~ppli c:i hle to Plj1Zl Prope:TV . The Pim P:-cpe rty n:a y be usea for my oi me foilowin1 purpose,, but for no other ;,urpose . during !he R~rn:tioi:s Term : gem:ra I business and adrmnistntive office purpoS1:s tuge:her wi th suc h ~di non;il ruso~ble uses as are eustcmary in coaneetion witil, or incidental ro, ge:ie:al busineu and .i'1minisualive offke u.~. inc:ludin;. widlout licilation. trair:in& :md c:onfere:ice faciliues . product demonstration facilities . document and Jraphac production fac ilities . video ;,roduction :md broadast fai:ilities, tedmical suppon facili ties i1I1d d.&ra cenicr fac ilities ; for park:ug ; ar.d for service ::ammen:ial ~. UJc:luding, but noc limited co. fiDaacial tnsdiu ti ons. d.a y c.ire fac :l:ti es , medic:il care fac:lilies . convenience store . p;icx;iging ar.d maililli services . pr inting 3lld reproduc:ion services . lur.c!lrootn , cafeteria . resr:mran t (e:u:ludmg tl rive -ihr ough facilities ). ind re1,;~tional fadities provided tb.:t lil.-:1 ~:vice ccmir..e~iai fac ili ties ;ire ir:re::~ed primarily :c serve !he Owner :ind :e:iani:s of tile Plaza Property and ti:eir rc~pc:~li>e ofiic=rs . e:::pi oyee!. agents and invice::s. Th is Agre:r.iem is intended to cons ti rute 1 "Rc st.:c:1ons Ag~:r.e::r· :or the i'urposes of. and as provided in , S~tion ! 3 d tile P!m Deed . Conseq uently . tt.e Restr idoas conr.ine:1 in this Ai:reeme:n ;ire inrended tc , ar:d sh:ill. supe:ce:ie the ·use Limitation," as defined and provided in Section 1.2 of :he P!az3 Deed and , consmeot with Sectiog 1.3 of the Plua Deed, the "Use L1mit1t ion Pericd ." as ~fir.ed i.'l the Pim ~. under said Section 1.3 of the Plaza Deed shall e:itpire "Jpon th e Recordation oi this Agreement . 4 . DEVELOPMENT STANDARDS 4 .1 ~. from and atter ll:e Effecti ve Date unt il the c:tpir.uicn of :he Rc:suic:ions Tenn. al! building ~. srr.:ctures ill<1 ot!:er irr.p rovc:r.en rs, in;;!uding , without limit:uion, the loc:uio11 an d bulk the~f. ins1:1 lled :ir co1:3truc1ed upon rhe Restr :c!ed Prnpe ;.y. sh.all be in :onformi:y witll lhc stand:irds a!ld requirements set forth ir. S(C!ion 4 :. 4.2 SWJdaro s. (a) Mininwm lot ueJ : S0 .000 5<:U3re feet . unless suc!l de ve!uprr.e:11 is des i&ned .is a Project or Proj ects . and in such case there shall be no mi r.imu:n le t .irc;i , (b l Minimum lot width and depth : 200 fe:: (widlh ) :t 2.SO feet (de;,tJt ) . unless ~1ch de"l elopment i~ de~igned 3 .~ l Project or P~oj~ts . l nd in S'.:ch :ase there shall bi: no rcqu~-d minimum !or width or depth : (c ) lbe following buildin& setb.icks .are required : Minim um bUildinJ setback of 30 feet shall be required in mas abu tting perimeter and :ntenor public ~.5 il1ld 40 feet in areas abutting a peruneter bour.c.ry cf :lie Restricted P:upe:-ty , prov ided ~uch q::bill:k shall be SO li:l:t wbc:cvcr any such perim=:er boundary of the Resiricted Prcpe:-ty :ibuts, without street separation. a Resi.denti.11 Planninl: Area or Jay dwelling wut in c.-61.1:m.:c: 011 the Effective Oilte. all(1 prov ided further, chat with respect to a flai or l'a.'lhandle Lot, the lenj;dl of thlf corridor or access way shall be excluded in applying such minimum setback rcqu iremems to such Lot. No wtback shall be required iidj acent 10 proreny Jine5 which merely se;i.uate uses within I Projec!. DLHll'lobli.\SliGID>d A 77111asdJ&d .b3 1111107/99 -10 - • ' .. " ',. • I • 0 • • .. ~ ,,--· • , . ... ... .. • -.. ... ~ (d ) Ac sucn ume :is ot!lc~ improvements on ;i ;,articular Psr.:e l within the Resmcred Proper.j ;ire consuuctcd , Jandscapin& shall be insl:1llcd along ~ property lines of such Parcel abunillg succts to a depth of net less chan I.S :cet. excluding ttcrc!'rom driveways. alleys and street openings . and along all property lines abutting that ponion of Lucent Doulevud oorm of !he center line of the right-of-way for Town Cl!n!er Drive at its inters«!lon wuh Lucent Bou levard to 3 depth of ne t lc:.s tban SO feet and :o 3 J1.-pth not less than 30 feet abutting any of Plaza Dnvc. Town Ce:irer Unvc or di.it portion of Luc:e:11 Boulevani :.uulll of the center line of the ri&ht~f-way for Town Centet Drive at its in1ersection with Luce:u Doull!v:ud. ,. ~. 5 l Re~mctions nn Signs . The following Remic::1ons. in addi1 ion to :he Restri<:tions on si1Pl5 :app liable to the Resu ic::.cd Prope:1y contain ed in the Dt!vdopment Guic.l t!. shall apply tu !hi: iuslallation and maint=: of an y illlll 311 :il&r:s witl:in :.l:e Restr :cted Property from :md after the Eftecttve Date •mt;! :he expir:iti on of the Restric:i or..s Te:m : (a ) T!:e :oUo wing dire.::.ona , s1g ::s for :he 1 i d of t.'105e tra veling wi t111n HiiJh lands Ranch ille permitt~d : (i) Tcmpor;i ry signs dire:::mg U:e pu blic :o var ious mcc.Ji:! home c:omp lue~. sales offa;:s , !cuin& ot5c::s . and i:ommun ir:y fac:iiu es arc permi,.ed for up to 2 ye.au after erection (subje:t to renewal fer acdiuonal time by :he wriaen approval of tt:e Review Commim:c), prov ided such signs do IIOt exceed 100 ;quarc feet in surface ;uy;a per sign face nor project !lilber than 1 S fee! abo ve groui:d level; (ii) Pe:ma~ent si1ns diredni: the pi.:blic to emergenc y ar.d c:o~nil)' f.lc ili ties am.I ncnrcsiccmw sales offic~. usinc words or m:ips , provided such signs do not exceed 50 square fc:t in surf:lc: irea per ~ii:11 fa c:: no r project highc:: than 10 f~ abo ve ground level ; (iii) Per=ne:it sii;ns or directories directing the ;:,ublic to busi.~ess fad lities within the Rc:3trictcd Propc::-ty, us :ng word~ or maps, provided sue:. s,i;!lS do not ucee\1 I 00 square feet in surface :ite3 per sign face nor proje<.:t highc:r llw1 l S feet above around leve l; lb) Signs informing of spec;iai comcunity events are perminerl in cac!i Planning Arca within the: Rc:itric ti:u Property . providcu such s1&ns are ere-=:ed or disp iaycd no c3rJier d::an 2 weeks preceding the: c:v~t and are rem oved no J:iter th:in 2 d3ys subsequem to the event ; le) Temporary sicns informing prospective t11n:mts and business owners of land uses being constructed or tu be 1:onsU\lc:tcd in the: fuLun:, or identifying proj~t name . owner, arc:bitea, engwc:r, cuiuuuction company. etc . arc permitted for up ro 5 yc:irs after erection of such sip. provided th.it nu :iw:h si&n sha ll ciu:ttd 100 square feet in sur!ill:e arc:i per sign f.lce nor shall project more dwl 10 feet above ground . and all such sips shall be Wli1orm in color, size and IJlillarials to mose IOQ!ed elscwbi:ri: in Highlands lbnc:h and shall be c:oasist.ent with HiplaDds llaach's arcbilec:turai theme . • 11 . • .. . ' . ~ • ) I • 0 • • -• ----------------------·-.-----------------------------------,. • • - (d) SiiJlS permitted under par,maph 7 of Sl!Stion XV(D\ of ltle Development Guide shall not be permincd in the Restr:::lCd Property: and (,:} The following signs are prohibiced in lhe Restricw.1 Property : (i) Ally portable Slin .ocai:d on one or more w~!s ; (ii) Any revolving l>c.lc.:on, fcuni:ain. &shins. and rocating sign . and .my other sign with any type of wuvemcnt ur intenniaent lig!lring effe::1; (iii) Any flag, b-.nner. or other device d.:signed to wave . fl:ip . mcare. or nlherwi~ move with the wind. exc!udmg thr:-:fror:, .iny fb; or emb iem of 3lly government or zovemn:1mt.il agency or of an y c:vtl. co:-porare . char:table . religious . or frace:iw oriani:zation; (iv) Any sign ;or pu!jln~~ Jf :idvertisi::g of products or serv ices available elsewhe:e wn on t.r.e P:in:el or P:'oJczt wlle:-e such sign is situated ; (v) Any sign an:icllea :o a build:ng .... h,c:i : (A) Projects perpe:::dicu lar to the builci.ng, e:<.;;ept ;is provided in S«rion XV{Dl(21 of the Devc!opmc::t Guice ; (B J Is par:llle! with J w:ill of the JUildi:ig but prcj.:cts more than 36 inches from such wall; or (C) Exrends above :l:e rco' Jim: ur above the top of :l:e parapet of tlle front w:ill, whichever is ltig.'ler . (vi) An) sign which hince:~ the visibility of traffic concrol devices or directional si;ns; and 6 (vii) Any sign painred upon the ex~~ior of l building . ANNEXATIONS OF ENGLEWOOD FOUNDATION PROPERTY TO COMMUNITY ASSOCIATION .~ND BUSINESS Pt,RK ASSOClATION . 6 .1 Vefm.ipons in Subassociatiog Qsclaration . Unless otherwi~ expressly provicerl he:-ein. the ::apit.ilized i1ems in !his~ shall hav,: the same meanin1 ss any simifarly 1:apitJliz~ and defined terms within the Subassoc:acion Declaration. 6 .2 Annexatjon of Engl!wood Foupdauon P~opertV to Conununitv Association and Business Parlt Assocjation . E.'ll:epl as Shc:i may omerwise dire::t in wri1ine. Engl.:wood FOU!ldation ::ovenarus and agrees, for iiself, its successors and assigns. to and with Shea. its .uccessor and assigns, ro C3USII all portions of the Englewood Found,uion Property, except ~ odlerwise bereinafter provided, to become suuja:l 10 lhc: Cummuniry Declaration ancJ the Subassociation Dec!ar.ition an<1 to ~ :mnexed 10 and be:ome ;,art uf the Conunllllity Association Area of the Cummunicy Association in :ic::ordance with the provisions fur annexation to the Community As.sociar ion Area qit form in the Conununicy O«lu:ation and iJJ -12 - · . I • 0 --------~--------------.. ---------------------~-------~-----"- • • - accoro:u:ice wiui :he provisions hereinafter set forth, and to ~ annc:.\c:d 10 and ~ome part of tbe Business Paric Association Are: of the Business P:irk Asscciauon :.n ac;ordarn:e wit!l the pmvi~ion~ for :ir.nex:ition to the Business Park Associ:ition set forth in tile Subassoc:uion Declar:ition and in ac::ordaace with the: pruvillions hereinafter set form . Gr:inree sb:Lll nor be required 10 am:e:t chose are:is of :he Englewood Foundar;oa Property dedica1ed or :o be dedicated ilS public rights-ot~way or JS Open Space. as he:ein.lfter provided ior :.n k!ion 6.1~. unless Shea de:e:r.lines it is necessary for pw;,oses of :he Publi, fwic:ions . a:; definec in t.tu: Communiiy Dec!aration, in which case Shc:a sh.ill, by wrietcn nutice, d irect Eug!c:wuod Fouuu;itiuu ,u a.r.nc::\ such areas (suc!l areas shall no,. however . be subJe::t to the Corn:::unity Association or l:lw;mcss Park Assuciauon assessmc:nt5). Prov ided Eng lewood Founcation complies wich the provisions o( the C:,,mmunit y Dc:daranon Jru1 :he Subasscc :auon Dec~:i.tiun and the provisicns llereinafier set fcrth, Shea. for iuelf. its successors am! .i.ssigns . covenant~ and sgrccs to az:d ·.vith Enalewoud Foundation. i!:i su..:.:c))UC) and asslg.'lS, to c::m:ute ar.c ieknowledge its wrinen c:mse:u to each mnexauon as requi.ret.i unccr the Cor:ununi ry Oeclaurion :and tt.c Sub:issociaoon Declaration . 6 .J Annexed Pr23pv . "An:ic:tcd Propc::y." i15 u!ec in th is Arfa !e 6. shill ! mel!l any portion of the Eng !ewOQli Fvundac ion Proper:-; re :e lr.nexc:i to rne Ccr.m:uni:y Association ,\re:i l!ld Busmess Park Assoc:atior: :>.reJ . 6 .4 T:mc of Annex:ition . Annexed Prc!)Crr; ~h a:! bo= annexc:d ro t::c Co rn;~;;n icy Assoc:i.ition Ar:J illld Bi:sil1C$! Pult Assoc iation Area pr ior to auy "T:an.sfer of lm::est'· ,as b.ereinatter defined) in the kule~ Propc:ty ::u::;n sbat Eng le"-oo<l Four:carion ma y :..a.kc a Tr:IDSfer o! 1%.te~ prier :o the anru:x.::tion of .&.nne:u:d Propc:ry to the Community ,\ssociarion Area and the Business Park Association Arn if the Transfer of Interest is approved in wr itin; by Shu, and the p:ny ;acquirin& soy right, title or inreres: in the Annex..-d Property aarees in wrilu1a. in form ir.d sub5tmce satisfx:ory to Sbe:i. to be l>cunc by the prov :s1ons of :tis ~ and grants an irrevocable power of Jtlornc:y to Sr.c:a, in form lnd sub~t.ince satisfactory ro Shea. aulhorizing Shea . as anor:iey-ln-fac: for such plrr:,·. to tJke ;111 ac::or:s ,,n bc:half of such parry wh ich may be necessary ,;,r des irable to m;iilc: the Anne,i:c:d ?:opc:rty, :ind the interen of su:h party in :he Annexed Propen: . subj!:";: tu lhc: Co:r.municy Dc::!a:;;t ;or. and the Sub:isscciation Dec laration in :ic;;r.miance w1:!1 the ;:,rov isio r.s ~et fer ... , in .. ~e Cornmunity Declaration and :he Subiissoc iation Declaration u.d ·.he prov :s1ons of L.~£ Arr ic !e ;5 . 6 .5 Transfer of Ipreres1 . "Transfer of lr.!l!n:st· as used in this .&.rt it:!e 6 , s.'lall mean any sale, conveyam:e, enc:.11ubr.uu:e . lease , 1ram. assignmeni or transfe: of ar.y righ t. utle or interest in property . 6 .6 Manner oi /lt.nnex3tion -Supplemc:;;t~i De~!ar1uons . Anneud P~cpc:rty shall bc: :11111e:\Cd to tbi: Conunun ity i\ssoclllUon Area ar.d the Businc~s Park Associati on An:;:. by ~ Supplemental Oe,;!ar;alil.'n in form and substam.:e san.sfui::ory to Shel and ac.:epted in wntu:g by Shea, complym1 in 3ll rc:spe,;: with the rcqu ireme~ts of the Comir.unit y Dec!arac:on ~c we SubilSSOCiation OC':!Jration . EJCh Supplement.ii Declar::t ion ~h:ill l:le in ;1 form lnc shall contain terms and provisions. including wid1ou1 limitation . use restnc:icns :in<.! ar;lutec~r,il coni::-ol provisiuns, subst.mti;illy the same as Supplemc:n~I De.:laratiuns tben useo by Sllc:;a fur )iliulilE properties uwncd by She:i and only such or.her tcnm and prov isions. accepted hy She:i in writinl, in form and subst3.Dee satisfactory IO Shea, u may be necessary to tlke inro account any unique or panicuLar aspects of the: iJroposed deve!opme:n r.1f thc: Annexed P:uperty covered by the SUl'(!lemenw Oeclamion. DL.K\l'llblicl$ha1D•..:PJ\1'7\llntl1~ ·113 UIID7/99 . !j . • ' ' ) · . • r I • 0 • • • ·• ,. ---. • / .. .. • -' 6 i No P:yt1cioatjon in Rcgption Cost Center . E.·tc:~pt as Shea m.:iy o!he:-N1sc direct in wririn&, e:ich Supplement1I Declaration cove:~ a P:ivarc!y Ow~ Sire sh.1!1 001 be pan of any Re:::cation Cost Center. 6 8 Onlv Cuq;~~ial Sires . Except as otherw ise JPprov~tl m wr:ung ':ly s::e:a . whic.:h ;ipproval shall 001 be :lllrealianabiy withheld, all Privatc!y Own.:u Sites in all A::nexec Property shall be Commercial Sires . fn clle event S!rd appro\·es annc:uuon of PrivJ1e :y Owned Sires which m: olher dwl Coc-.merciai Sirc.,. Shea shall have me :igl:n to dc1e::ui.ne . in its sole disc:c:ion. wlletbcr or not .wy sud: Privately Owned Sites shall be ;,an oi iny l<ecn:auon Cost Ce:1ter and, if so. tile number of Re::reation Function Cmrunon A.ssc:~sme:11 Units for any such Privately Owned Sire:. 6.9 De !euic Distric:s Eac:i Supple1::emal Dedamiun ~h,11 . ;is requuel.! by :.'7.e Cummunii y Dl:\:larac ion. desig:iai.e ttlal the A~:\eu P:openy is lcc=.tt!t! 1r. Dc:c;p.te D1str:.:: No . 207. 6 10 Commu:iirv Assoc :a ricn :ir.d Busine~s ?1r k As~oc:;mo n ?:'O oc:tv E.~c ~;,, 1s otherwise ;igr:ed in wt it;ng by Shea ar.c E:ig le•.11000 Fcunda:ion. no pomon of tte Annexed Propc:ry shall be design.11et! as Comr:1wi :1y Asscc ianon ?~ope:ry or Busir.ess P3a ·°'sw:i:ir :i.:r: Property. 6 11 Common Ares ar,d Opep Space . Excep: as ;,r-.,v;l!c: ::i Sect io n 6 14 bc::c:of. nu Common Area or odler property not wimin a Pnvately Owned Site sha ll be included within any Annexed Property unless provision is made , sar isf:lc:ory to Shea and 3pproved in wriunii by Shea. which approval sh:111 net be unre35onably wiihheld, for the ownership. care and mai:lt.en.ince the:eof. 6.12 Use of Communicy Assocjarjcn and Business P1rk .A.sscci:irion ?rope:ties . Each Supplementa.l Declaration shall provide that the owner cf eJc!l Privately Owned Sire within !he Anr.exed Ptoperty shall !uve a non-exclusive ni:nr and easemem for ust of sc:r,:ccs prov ided by the Commwiiry Associat ion and the Business Pad, .".53oc :.ition a111J oi Cummun ity Assoc iat ion Propert ic:~ wh ii:h are no! part of any Recrn1ion Cost Center and of Business Park A=:auon Properties. E:ic.'l Suppleme.'l!.ll Dec!.uation shall :inlit :t.e righis of Members who own P:ivately Owned Sites in the Annexed P~ny ro de !eg;,te such "fembers ' nonexclusive ri&hts and esseme:ns for use: to the s.une extent as the limits ::ont:unec in the Supph:menr.i! Declarations then u:cu by Shea for similar ?COpc~ties ow ned :.,y Sl11:;s . 6. 13 Evidence of She.i Acce;,W)Ce and of Compliance . ne execuoon by She;i of a consent to any Supplemem:il Declaration fflall he .:onc !u~ive ev:dence. except as to p:mies who have noiice to the conrrary. th.it Eng lewood Foundation has complied with ;ill of che ptovisions of this A1rcement set fonh in Sc:c.:tiuns 6 l throuah ill :above with respect to the Allnc::\etl Property coveted by such Supp!emenw Declar:mon and that Jll ne::essary acceptances or comems from She.i h.ve bc:n obcaincd in connection with sud: J11nex3ucn. 6 14 Compljance wjth Ope;i Space RC1luiremcm;s . Engle...,ood Fouodauoo cove:1ancs ind agrtts thi11 each portion of lhc: E:1i;Jc:wuou Fuund.irion Property, if .iny. whicll does nut consiirute a Privately Owned Site shall be de$ignated as Open Space pursuant 10 the Open Spaci: Agreemenr. ;,s heremal'ter defined, on the plat for such portion of the Enatewoou Foundation DUl\~1Sba\OvxPA77\R0<1t : .. K.hl 06/01,'99 · 14 · • .. I • 0 • • • .. • • - ... Properly. pruviueu th:u sw:ll portion of the En&lewood founclation P:operty olherw1se qualifies as Open Space purmant to the Open Spat: A&reeme:u. Any portion of the Englewood Fo~on Propc:ty so designated oo any plat or plats for the Property as Open Space sb.lJI be subject ro the Open Space A1recment. dated October 20. l980. between Mission Viejo Company and the County of Douglas. Re::orded Oc:ober 22. 19~0 in Bcok 396 at Page 864 (t.'ie "Open Space Agrecr:ient "). Englewood Foundac:on covenants Jnd aiF:-::s :o ~onvey or tkdic:.te such Open Spac: 10 a Public Budy or C,,rr.muniry Sed y. as def:ned in tllc Open Space Aireement. when and as dim::ed by She:i aud approved by Dou1!as Cuunry rubject only to such reservations and e:tceptiuru; of easerner.ts ror ai:cess , utilit:es am1 c1ra1r..igt: purposes as Englewood Fo\llldation m:iy deem necessary and desir:ible and u are approv~ in wr iting by Shea :ind Oou1tlas Cou.'lty . Until suc:i mne as such Ope:i Spac"' is conveyed 0r deuicare:J re a Puhlic Rody or Communiry Body . .Er.glewood Found:iuon st:::!! ::i= cblig:ired ro c:ire for ;md maintain the same . 7. MISC.ELL.\~Eor.;s . 7.1 Amendme::t lnd Te:mm;ition . E.tc:;:t l:i ot.':e:·.v:sc expressly prov ided :n the: Ag~:nenc, any Res,r:c:ion c onr:11ned 11: this A,rec:::e:1t :n:i :, == aoe::c!ed or :e;eJled. and this Ag:e:emc::r :er::r.inated u: 'Nhole. at an:, nme and from ::r::e !O t::::e ;,r:or :o the ::tp1rat1on oi the Restrictions Term , upon approval of :.tie ~m~nd=nt ur re;e:i l, or such rermin:ic :cn · (a l by Owners ownin; at le:ist :wo-th1rds (2 /3) of the !;mu ;m: oi the R.:scr icted Proper!)·; (b ) di;~ing die Shes Enforc:mc:u Periou. by She3 ; (c ) by me Owr.cr of t::e ?l;iz:i Property ; (Ill so '.ong .is Englewood foundation, its sui:i.:c=rs and assigns, is :he Owner .:,f .iny poruon of the Englewooa Fou:ldauon PrOP':::Y, by .Enifewocd Foundation; and (e) if. bur on iy i f. any sue!! amendment Of repeal. olher than a te:minauon of this Airc:Ir.:ot in its entirety . ma~ria il y . adversrly md unrnson:ibly affel:u an Owner or the P31'cei oi Jll Owner , and such Owner 1ivcs wrinen no!lce of sue:: fact ,o the Business Parle Assoc iJuon wit!::.'! il:iny u.iys ;ifter. rece :pt by sucll Owner of wri!Ten notic:: of sue:: prq:osed ame::dme::t or :e;:::11, t!:e wr:nen conse:it of sucll Owner shall also ~ req1.:ireu . roe ame::dment or re:-.,c:i ( sh;.!! be e!re:::ve upon :te R:ccrdacion in the office cf !he ('?erk and Recorder of Doug las Cour.t y . Culor:.do . of a c:e:-t1fic:llC , dwy e:1:.e-cu!Cd by the pames whose con~cnr 1)r appro v:il is required ;u set forth above se'.tlr.g forth !tc amc::nlmt:m , rep:aJ or :e::ninano:i in full. The consc:it or :ipproval of :iu other Person sll:i!l be rec;uired tor any such amendme::t. repeal .:ir rc::mir:auon of th is Agreement . 7 .2 Notices. Any notice penr.ined or required to be &iven um.ler thi:. Agrttnrnt shall be in writin& and shall be ~eined properly given :inl! re-~=:ved 1Jn the earlit:r of: (a ) when actually =e:ved 1f de!ive:ed iJtrsonally. by messenge: servii::!, by facs1rr.i!e . or otherwise; (b) on the ne:tl business day after depo~it for delivery (~pecifyin~ nl!." day delivery) with any recognized overnight courie: servic:e; or (c ) chr~ (3 ) bus ines~ dlys .iftt:r malling . by !'Clistercd or certified mail, ri:to.:.m receipt ri:ljut:~tt:d All su1:!l notices shall be furnis~ with delivery or posta&e char1es paid, :idtlressed to Shea. Ct::nc:r LLC. Plaz:i o: Eng!ewc-0<1 Fuunu.ition Jt tl1e respective audress (which t,mn. for purposes of :his Sec:ion. shall inc!ude the facsimile number in the c~ of .1 notice given hy f.lcsimile) set forth in the first par:iir.lph of this Agreement , to !he Busillfflj Park Anociation ;it JOO West Plu:i Drive . Suite 31;0 , Highland, Ranch, Coluradu 80126, a11d ro lhc Owner of a portion or the Re,u-ii:11:u Prupc:':'f II the address fur suc:n Owner shown in tbe Recorded deed or ocher instrument by whic!1 title :o Sllch ;,ortion was conveyed to sucJI Owner; provicled, however. that if .such deed or other instr.imeat does not include the iddress for such Owner. tht:n any =h IIQlil;e ro su~h Owner mJy be given in any manner DL.Hll'lllllic\SllnlD"°i:l'A 771RoS1Utclt -~J 06,0119'} · IS · • • ·. ) I • 0 • • .. /" • .. • • .. notice is pe::miued to be &i ven to a Person under the statutes cf the S11te of Colorado in coru:ection with the fo~!osure or morq;ages. including, without limicition. by µublicat ion . A copy of :iny notice given to Plau under !Ilia Agreement sball ~ simul~eously !le &iven to Townsend Capital . LLC . 210 West P:11.mylv;aniil Avffllle , Su ite 700. Towson. Maryland 21204 . An Jddress for purposes of this Agreement may be c!langed from time to rime by aerie;: &iven in :ic.:ordanc:: with mu Section. 7 .3 Penon, Entil!ed ro Enforce Agrcgncnt . :E.ich of the Busir:ess Park Association. ;ir.;ting by authority of its Board of Directors. U1e Owner of :my portion of tbe Restricted l':Opcny 3%:d Shea (for, but only for , the duntion of the Shea Enforcement Periodl shall !Jave rhe right to enforce :iny or al! ,1f the Restrict ions or other provisions contained in this Agre1:ment against any Parcel with in the Restricted Property am! the Owne~ thereo i which P:ircel or Owner is in default ur violation of !he Rcstr ic:ious ur vlher prev is ions contained in this A&~:r.e!ll . The ri&ht of ,mforcement shall include :he nght ro brin1 an :iction for actu al damaaes (but not for other d.1~ges , such as. withou t lin:itaucr.. :o~u:ntiai. inc icent.11 or punitive darn."tges or damages for !est profits ) as -.,ell u .ny equitable re iie :, inc!u:1ing. with~ut limit.itiot:. my x:ioo to enjoin any violat icn or specitic.i ii y enfor:e the R:st:i1::1on or od1er provision of th1S A&rcemc:it None of Shea. Ce:uer LLC . P!:iza . En1 Jewcoc F:;u:idation or the Business Park Assoc iation shall ti:ive any obligltion to e:iforce or to see to the e::forcement of ~l or 3ny of the RC$Uict ions in th,s A&r:emeni :ind shall have nc liabiilr;-m 3n y Per;on for an y defau it uncer this Agreement by any Owner (other than ;y the respecti ve ;::ar ry . ro the ex tent ·r is an Owner) or any failure by my Perso n to enforce my of :h e R::su idun:;. 7 .4 Violat:ons Constitute a Nuisance . An y violau ur. of an y Rest:ic ti on hereunder. whetter by ac: or omission , is hereby de--..Ja~ to be a nuisance and may l:e en;o ined or abated . whe:l:c: or not :he relief sought is for negative or amrmativc ;K;t:on. by an y ?::-son entitled to ea!orce the provisiou:. of lb.is Agre::me:u. 7 .5 Re!T.ed i~ Cumulatjve . Each re:nedy prov ided under :lu s A11:ee::-ient i~ cumulat ive and not exclusive . 7 .6 No Implied Waivers . Failure to enforce any Rest ri ction or other provis ion of this Aareement shall not operate as 3 wai ver of :!lat Restr icuon or prov ision or of any olhe: Res:r ic:1on or prov ision contained in th:~ Agreeme nt. 7 7 Costs :inJ Atrurm,vs · Fees . In any ac ti on or proceeding under this Agreeme:1t. the preva1hn1 party sllall be enurled to recover its costS and expe:ises in co~nection therewith . mc!udini.. without limit:ition. reasonab le attorne:,s· fees 7 .8 Liberal lnreqre!.ltion . Ti:e pcuviisioiu of this A,;n:emeot ~h.:ll be libe:-.illy construed .u a whole to ef'fettuarc the purpose oi this Agreemen:. 7 . 9 Governing Llw . Th is Ag~trr.u shall ~ construed and govemc:! under ihe Law of the St:1te of Colorai!o . 7 .10 S,;verahi!iC",·. Each of the provis ions of tbis A&~mem sb;ill be ~med independent and severab le. and the invalidity or uneoforceabiliry or partial invafa lity or partial unenforc::ability of any provision or portion tbcreof shall not effect tbe validity or enfor1.:c.1bili1y of :iny nther pmvi~ion of this Agreo.ment . DLH\Pldll~\Ska\D,,•P-'771 ... ,U .. &:-lll 06,07,9' • 16 • • ., I • 0 • • .. • .. • - ... ., 7 .11 Number and Qender. Unless die coatrxt requires J contrary consmiction. the sinaular shall include the plur:il and the plural the siniul.lr. md the m:uculine. feminine or neuter mall each ioc!ude the masculine, fl!minine md 2u1er. 7 12 C;n,tjon, and Heading<. Toe titles. he:i.dings and c:iptions 11Sed in this Agn.'1:mcnt are intended so lely for convenience :if refi:rem:e 311d shall no, be :ons1cereu in con.sttuinJ !hill Ai;.m:.weut .Jr ;wy pruv i:iiuu tllereof. 7 .13 No Jhird·P3rty Beneficiar ies . Noae of !he terms. prov isions ar Resir ic1ions conrained in d!is A11reemen1 sh.ill be deemed ro be for the benefit or my ;:,arry orher th:in those parties designated in Secrions 2 .2 and 7 3. and oo olher party sh..11 be entil!ed 10 rel y on or enforce tins Agreemeni . 7 .14 Ljmited Re!a.,s on Tramfer . Any party holding or acquir :ng an :ntemt in m y Parcel within rhe Restric::ed Prope:-ty sball be li;able for :my de=~u lt or failu:e !o compl y widl its respective obligations h1m:um1er wb :1.::i ~lo1te, LO the per:od of t:me :n ·..-Juch such p,my ho ids an interest in suc:!l P:in:el, but suc.h par.y shall not be l.i.ible foe any dtiault or f;11.iure 10 corr.p ly wilh its respective obligations hereunder wr..k!:l relates to tlte pcr:od of time 3fte~ sue!\ ;,,my shall have conveyed or alherwise rr:ins!'e:.rd its entire inte~est in such Par::e!. Additionall y. the Parcel of sucb party shi1il abo be subject :o :my ~y provided for h.ere:n for .i default or breacn bercunder widl respect !O such Paree! whic!l :uose or ac cr ued pr :or to tJ:e II.Ile upon which such par.y acquired its interest in such Pare:! (e:u::pt as may otherwise be provid~ pursumr to Section 7 15). hut mch party shall ncx be personally liable for any damaaes wh ich relale IO me period prior 10 (but not on or after) die dare upon whic:h such party acquired its interest in such Parat. 7 .1S gtoppe! Ce;:tiwic,. Upon ;,aym.::tl oi such re:ison:ible fee lS may be determined from time to nor by die Business Park ,4.~.sociaiinn . and upnn the written request of any Owner or my persoo with . or in:endmg re icquire. any righr. tit le or imeresr in the Parce l of an Owner. Ille Busicess Park Assoc iation slwl furnish a wnm::1 statement ~ttini: furlli whedler . as of !he date of such certificate, an~· v 1ola11un of the Restr ictions in this Agree:nent ex i~ts witb respect to sue!! Parcel. Any Person . without ac:ua l knowledge to the contrary . shal l be entitled ro rely on sa id cenificaie widl respect to all rr.:mers set fort!: there:n . IN WTn'iESS WHEREOF . ShQ. Center LLC, Pilla and Enalewood Foundation 113ve e:ecuted this Aa~ment as of the day and year first above written . DUI\PllllliclSlleailD•..:I'.'\ 17\RaaUxlt-bJ 06,1)7;9') . 17. ., ' .. ) I • 0 -/ • • • .. • .. • •• .. ... SHEA : SHEA HOMES LIMITED PARTNERSHIP, a California limiled parmcrship d/bta She:i Homes By : J. r . SHEA CO .• INC .. a Nevada corporation. its ~al partner By : ___________ _ Name : __________ _ Title : __________ _ By : ___________ _ Nan:e : __________ _ Tit!:: __________ ~ CENTER LLC · HIGHLANDS RANCH SHE.-\ CENTER . LI.C, a California li:niled liabiliiy company By : J.F . SHEA CO .. INC., a Nevada corporation, Me:nbrr By : _____________ _ Name :. ____________ _ Title : ____________ _ By : ___________ _ Name : ____________ _ Tille : ____________ _ PLo\ZA : PLAZA DRJVF. PROPERTIES . LLC, a Ccww:ue limited liab1licy company By : Name : ____________ _ Tide: _____________ _ • 18 • ., .. .. I . 0 32X - .. --:-----------~-~-------~ • • . .,. .. • •• ' ENGLEWOOD FOUNDATION : ENGLEWOOD McCLELLAN RESERVO[R FOUNDATION. a Colorado nonprofit corporation STATE OF COLORADO ) ss. COUNTY OF DOUGLAS ) By : Name : Scuan Fonda TIile : President Tile forqoillg msaume:u was acknowledged bt:forc me th is __ day oi -----· 199_. by as --------~llld as _____ ...,... ____ of J . F. Sl1ca Co ., Inc .• a Nevada corporation. as ge:ietal panacr of SbA Homes umilcd Pannenhip . • Califonm limited parmcnhip d/b/a Shea Hair.es . Wimcsl my hlDd and official seal . My c:oaanission expires : (Seal) Norary Public • 19 • . .. · .... ~ ... ,. ,, . .. ., ' • I· 0 32X - • • • ../ .. '• !'-·· STA TE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) .. • • ., ... .. The foregoing illsuumem was acmow~ before me dais __ day of -----· 199_.by as _________ and as ".":":'"-,-:-~~--=--=--=--~ uf' J . F. Sha Co .• Inc: .. a Nevada corporation, as Mc:mbc: or HigbJands Ranch Shea Cen11er, LLC. a ulifomia limimd liability cumpany. (St!:11) Wimess my lwld and official !Cal . My commission e:oq,ires . Nowy Public STATE OF COLORADO ) ) ss COUNTY OF DOUGLAS ) lbe furl80UJ& iastrumenr WU aclulowieqed before me lllis --day of -----· 199_, by as ---------of Plaza OriYe Properties, LLC. a Delaware limited li.ibiJiry company. Witness my hand 111d official seal. My commission expires : ------------ (Seal) NoWy Public . 20. . . .. .. I· 0 32X - • • .. ,. / • .. :r, ..,, . .. ·~ . • -.. ' .. ,, -. ST A TE OF COLORADO ) ) $5. COUNTY OF OOUGUS ) The forqoillc imttumcnt was acknowledged t.fott me dlis day of ------· 199 _. by Sllmt Fonda as Presidcal of' Englewood McC l~llan Reservoir foundation. a Coiondo DOapn>fit corporation . My comrnimoa expim: (Sn!) Nocary Pub lic • 21 • .. . ., 'I, • ' .,, • . ' . ) I . 0 32X - • • • CONSENT BY • • •• .. BUSINESS PARK ASSOCIATION .. ffi&hlmds Rm:h Busiaess Park, Inc .• a Colorado nonprofit corporation. hereby consenrs flO me forqoine Rattictive Uac Agrcemmt aad acn:es dial it sball perform its obligations 1IO psepllC 111d l\amish estoppel certificall:S pursuant ro Section 7 . 1, of the forqoing .RestrietiVe Use ApcmellL DalCd : ________ _, 1999 HIGHLANDS RANCH BUSINESS PARK . INC .. a Colorado 11011Proti1 c:orporatioo By : ____________ _ Name : ___________ _ Title : ____________ _ -22 · ' . ., ,. .. . . .. .. 0 I . 0 32X - • • • EXHIBIT A TO • • • .. R£STRICTIVE USE AGREEMENT (HigbJands R.aacb Businns Park) (Resolution of Support by Englewood Ciry Cowx:il -Sec Auacbcd) A-1 . ' .. • .. < .. ' ' • I . 0 -/ • • .. 1,., ..... • • - EXHJBrrB TO .. .. RESTRJCTIVE USE AGREEMENT 8-1 ,. . ., .. ', . ' . ' . ... • ) I . 0 32X - • • ,/ ~ ,,....- • ; .. t • - EXKUUTC TO • ... RESTRJCTIVe USE AOREEMENT (1.ea.il Description of Emtil1g PSC Gas Tr:ansfcr Facility --5ft A~l C-1 . ... .. ' ... ) I . 0 32X • • .. ~ ,,,-. • t,. ... • -.. COUNCIL COMMUNICATION Date Agenda Item Subject Support of Restrictive Use Agreement at Mclellan July 6, 1999 11 C iii Reservoir Property Initiated By Staff Source Englewood/Mclellan Reservoir Foundation Robert Simpson , Board Director Englewood/Mclellan Reservoir Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action on this matter . RECOMMENDED ACTION Staff recommends that Council adopt a resolution , which supports the impos ition of the Restrictive Use Agreement on the Englewood/Mclellan Reservoir Foundation property . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood/Mclellan Reservoir Foundation has been established to oversee the development of the Mclellan Reservoir property. The Foundation has articulated the following development goal : Protect the quality of Englewood's stored water . Protect the ecosystem that has developed since access has been restricted . • Maintain the quality of the Highline canal recreational facilities and the wetlands that exist between County Line Road and C-470 . Develop the land south of C-470 in a manner that minimizes the impacts on Mclellan Reservoir. Develop the land south of C-470 in a manner that enhances the quality of the neighborhood of which it is part . Establish and maximize a future long-term income stream fort the benefit of the City of Englewood after meeting the above listed goals . . The Foundations owns approximated 100 acres of the 500 acres that are to be developed adjacent to Mclellan Reservoir. The imposition of covenants or use restrictions on all lands within the development area will ensure a consistent high level of development. Furthermore , these use restrictions will provide even greater protection to the Reservoir's water quality when compared to development without the restriction. Finally, these restrictions will create and maintain a greater value for the land that in turn ensures a long-term income stream to the City . THK Associates, the consultant retained by the Utilities Department to review the restrictions has recommended approval of the Restrictive Use Agreement. • ... ' I • 0 - • l '- .. • ./ .. . : ...... • •• .. •, FINANCIAL IMPACT There is no direct cost associated with this Resolution of Support. The proposed Resolution will demonstrate support for the Foundation and the development of the Foundation's property consistent with the approved development plan and adjacent property . UST OF ATTACHMENTS Proposed Resolution THK Associates Letter ., ·, 0 I . 0 32X 'tJ ~ ,,,-- • I• •,. • -' Po&'t Office Box 601. En91ewood, CO 80151-0601 (303) 789-4781, Fax ~3) 781-1992 (303) 475-5a20 cell June 30, 1999 Counc ilwoman Ann Nabholz 2990 S . Delaware Englewood, CO 80110 RE: Zoning regulations for the R-1-A district Dear Ms. Nabholz: .. " ' Th is is to foll ow up on our conversation of earlier this week . I have read the zon ing regulation for R-1-A (attached ), and would like to make some po ints about it . • The spirit of the regulation is one I agree with compl~...ely. I have no interest in tuming my ne ighborhood into anything other than the delightful place it is. • The regulation needs to be updated to reflect changes in soc iety . It is currently far too prohibitive, given the proliferation of home-based businesses . • Such an update should include provisions to comply with the origina l intention of the regulation, such as traffic and noise impact. My situation is this. My full-time work requires me to travel extensively . When home, which is uncommon, I operate two very small businesses from my home, and have since January 1998. nu lt;"ch r,:;h :1.::t;;om ,co; e-m a il b.t:i;a:L/:t1WW..l'.l~;.c.o.D1.wac1i."'nut:;~ ' . ~ . • 0 I . 0 - • • • .. • • •, My businesees are the building, repair, con~uration and upgrading of computers (PC's), and the sale and installation of DBS satellite systems. operate theee two l,usinesses i,y word-of-mouth. My phones are not business lines, and no signs exist advertising these enterpriees (in fact, I eng~e in no advertisi~ whatsoever.), nor does my lettemead contain my physical address. Visits to my home (deliveries, demonstrations, pick-ups, etc.) have never exceeded ten per week, 50 no traffic difficulties have developed. I have in fact had absolutely no complaints from my neighbors, and I suspect most don·t even know I have these enterpri ees here . My busines s es occu py my desk area in t he livi ng r oom , and o ne of the th r ee bedrooms . This bedroom is used as my tech room, to perfo r m co m puter work . Addit iona lly, I store one satellite unit in the room , wh ich is in a box about the size of a VCR . My technical equipment includes two tables, two chairs, one computer monitor, some hand-held diagnostic devices, hand tools, two storage shelves that contain shipping supplies and spare parts. My satell ite work is a lmost entirely at the customer's site, as is a great dea l of my comp uter work . The onl y deliveries I rece ive are via FedEx, UPS or USPS, and number ma yb e six packages per year. When I need to ship out, I deliver to a shipping po int (Ma il bo xes etc, FedEx, UPS or USPS ). I have a State of Colorado Sales Tax License, and collect and remit t he proceeds . I recently paid the City of Englewood sales tax, use tax, penalties and interest on my commerce of 1998, totaling $443.06 . This letter comes about due to my inability to acquire a sales tax license from the City. based on my location. One source indicated I should not collect Englewood sales tax without a license, instead instructing c lients to remit use tax on their own honor. Another source indicated I needed to go out of business altogether. tl.!..l!:r:th@ '< ""·"!,...,;.,..,..... -;om e·ma il h;;_:;a:li.w.Y.i'l .r.:~:;,:;.om • .;ar.u_::r.:1. ;.~crJ I . 0 - • • • • ,,,-- • },,,•,. .. .. • -.. ... " A third eource informed me I would t,e sut,ject to a fire department in5pection in order to acquire a tax licen5e. Thi5 5eems ludicrou5 for activity such a5 mine, and a waste of the Ci1;y'5 re50urce5. I have been a re5ident of En9lewood since 1986, and I want to comply with the laW5. I al50 wi5h to 5ee E~lewood receive their ju5t due. I feel that t,u5ine55e5 euch a5 mine are t,ecomin9 far more common, and all 5uch commerce within Ci1;y limits repre5ente a fair and appropriate 50urce of income for the City, and can impact the local economy favorably. I therefore reque5t that the attached zoni~ r~ulations for R-1-A be revi5ed to permit home-ba5ed bu5ine5ees . A li5t of e~gested guidelines is attached. Sincerely; Geoffrey Dix, owner enc l!:-. oult.•,b@ix ".l4;om ::o'T' e-ma il hup:L/i'i'Mv.J'.l~.c.om . .:;aml.:::ru.:l~:;.hL .. .. , ) I . 0 32X J • • .. ... • • - .. .. .. SUGGESTED REVISIONS TO REGULATION COVERING DISTRICT R-1-A • No changes to Permitted Principal Uses. • Revise Conditional Uses to permit home-based businesses. • Limitations placed on said home-based businesses to protect the neighborhood fabric. Such as: • T raffle limitations. • NO signage permitted. • All exis"ting noise, traffic and other poliutiot1 restrictions enforced . • NO dangerous or Toxic activit ies permitted. • No fire department inspections required. Any bus iness activity that raises concern about safety should be restricted to an appropriate zone. • Require residency in home (Part of Principal Uses) • Require tax and bus iness licenses as appropriate. SUGGESTED PERMITTED HOME-BASED OCCUPATIONS • Computer work • Small retail • Artists • Authors • Craftspersons • Skilled Laborers (e.g.: watch repair, carpentl')') • Avon I Tupperware • Yard and garage sales • Tele-commuting • Any other pursuits that preserve the peace and tranquility of the neigh borliood ' ' • •' '1 ., I . 0 • • • :,, • - .. ... ' . -(jJjJµ!p --~ /[ __ --. ~ ~/Ud. ~~ :?-~~- 1. 2 . ~ REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL ~~ u-. TUESDAY , JULY 6 , 1999 7:30 P.M. Call to order . I)· ·5(:;, ~ Invocation.# /7~ 3. Pledge of Allegiance . ~ 4 . RollCall. /)~ 5. Minutes . tl/1' ~-/ a. M;,"1,s from the Reg,1" c;1y Couoo;1 meeti,g of J,oe 21 , 1999. ~ ~~:,;;~~ 1;m;1 '°"' '"""'at~" to tea m;""'••-1 ~~enedittis will address City Council regarding Municipal Court procedures Afiat place adverse information against individuals without a proper hearing . '.:::i DO 7. ~Oni9sh~duleaisito,. (Pl!l!l_s~ liv,it YO.!,J!J)resentatio~ to five "'!inuJes.) /J, . ~~ C/'7( (// K,!H._,, ?(ti , µw , ~ ;:i--. Si, .~ / '<-. I 3;..o 3 8. Communications, Proclamations , and ~_a?;ts.~ g ()-L . ~ _::?! a. Letter from Theodore W . Sell indTCng his resignation from the Code E;nfo 'R.._ -/II /)-v Advisory Committee and Keep Englewood Beautiful ~ ~ (), ,r ,('f' ~1.-l ~ f3 PJ)rrf/:: 2,':I b. Resolution appointing Eric Bertoluzzi fo the Englewood Cultural Arts Commiss1 n . ~JI:=.-~ c . Resolution appointing Eric Bertoluzzi to the Englewood Urban Renewal Autho · -~ l), . _ J)... '5'l d . Resolution appointing Jill Carlston to the Englewood Board of Adjustment aniA i .• u.sr- f.)/} (Jr~ Appeals . fl'...._...,, ~s-~ ftJ/?3 PINN nole: If you have • dlAblllty and need auxlllary aids or aervtc:ea, pleau notify the City of Englewood (303-762-2405) at lust 48 hours In advance of when aervtc:ea.,. needed. Thank you . • • .. • I I· 0 - .. ,. ..< . • ··!., .. • -' Englewood City Council Agenda July&, 1999 Page 2 /J;;o J_ (;§ e . '12Mo-1-tfl 1. fZM o fl:-/f_O g. ~~&t h. - ~-#-&)-i. &11-b3 j . #JB~ btf-k. ~(J =If J£f' I. /a,():!=-{it m. ~:/1-~? n. /2tM I-_lg_ o. KJBB,1-ftl p . ~;~q. Resolution appointing Jill Carlston to the Englewood Code Enforceme t Advisory Committee. Resolution appointing Bill Curnow to the Englewood Downtown Development Authority . I{#-~C 'J' I J ';_:,) Resolution appointing Abdi Dulane to the Englewood Clean , Green and Proud Commissio~ 1 '{tJ t, 1 i- Resolution a~~~i~? _Gera!!_Gartner to the Englewood Downtown Deve lopment Authority. v,r,o.r ~ / Resolution appointing Austin Gomesto the Englewood Code Enforcement Advisory Committee. ~ ~ Resolution appointing Brian ambleton to the Englewood Code Enforcement Advisory Committee . Cultural Arts Commission. r' v Resolution reappointing~1chael Heberling as a youth liaison to the Englewood Resolution reappointing Mi ~uth liaison to the Englewood Public Library Board . Resolution reappointing Selwyn G . Hewitt to the Malley Center Trust Fund.~ Resolu_tion realjP;'~J. ~~~ary La Porta to the Englewood Cultural Arts Comm1ss1on.//H f'~ Resolution re Authority . .Resolution rothy Martinez to the Englewood Liquor Licensing /I ~ r.~esolution appointing Edwin Sanbotn to the Englewood Housing Authori ~ _ ,,..if)A.,. /J-/ 2-s.-iJ ResoluUo~ reappo~g -~~~nd D. Tomasso to the Englewood Cultural Arts • ~ __.0:2.. rl Comm1ss1on . -r~ 1" ,,/)' "· ,II::-J3;-t.1J..s:lesolution reappoint!ng Clit<?rd µ.. '1S.i~~~~g;:.po the Englewood Downtown : y~ -nrl Development Authority. /Afr r ~~ ~ /J:.-~u.J!JResolution reappointing Olga Wolosy~ t~ ~he Englewood Cultural Arts . ,(' - 9 . Public Hearing . (None scheduled) ~ P ..... note: If you have a dlublllty and need awdllary aids or urvtces, please notify the City of Englewood (303-782-2405) at lent 48 hours In advance of when urvtces are needed. Thank you . • I • 0 . ]- • • .. ~ ,,.--. • " r. ._. : .. ~ "' ·~ • -... ... " l:nglewood City Council Agenda July 6, 1999 Page3 10. Consent Agenda . a . Approval of Ordinances on First Reading. i. COUNCIL BILL NO . 44 -Recommendation from th ction Commission/City Clerk's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for coordinated election services . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services and Loucrlshia A. Ellis, City Clerk/Election Commission Member. ii. COUNCIL BILL NO . 37 -Recommendation from the Utilities Department to adopt a bill for an ordinance changing Section 12-1B-10 of the Englewood Municipal Code pertaining to fire hydrant connection. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCIL BILL NO. 32 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Quit Claim Deed from Arapahoe County for a City Ditch gate adjacent to 3596 S. Bannock Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~ ... Approva~ of Ordinances on Second F/JKJ1"j?,() ~ / {J {J-/ 'c,--j / i. Council Bill No. 41, vacating 1~'81 of an unused right-of-way for West Jefferson Avenue improvements . {!b C. ii. Council Bill No. 42, pertaining to woodstoves . Resolutions and Motions . flnDJf"J-0 ~ / 0 (!_ / f-/ / i. Recommendation trfrlt~ Utilities Depart~6nt to approve, by motion. a Sewer Tap Agreement with Bass Resources for Staybridge Suites . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from the Department of Public Works to approve , by motion, a contract for Concrete Utility 1999 . Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors , Inc ., in the amount of $398,242.50. STAFF SOURCE: Ken Ross, Director of Public Works . 11. Regular Agenda. a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 16 -Recommendation from the Department of Safety Services/Fire Marshal to adopt a bill for an ordinance repealing Title 7-4 of the Englewood Municipal Code pertainin burgia prevention . STAFF SOURCE: Ben Greene, Fire Marshal. P..._ note: If you have a dlaablllty and need auxiliary aids or servtc:u, please notify the City of Englewood (303-762·2405} at INat 48 hours In advance of when servtc:u .,. needed. Thank you. • ., '. •, . ' I • 0 32 • • Englewood City Council Agenda July 6, 1999 Page4 l· ••• .. .. • . . • •• {!/) ii. COUNCIL BILL NO . 40 -Recommendation from the Department of Financial n~rvices to approve a bill for an ordinance adopting the City of Englewood · f---UonEmergency Retirement Plan Document (the Plan~TAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. {!_J,~ iii. COUNCIL BILL NO . t Recommendation from the City ager's Office to "'7 adopt a bill for an ordinance approving the first amendment to the Regional 1 "'0 Transportation District Intergovernmental Agr ment. STAFF SOURCE: Michael Flaherty, Assistant City Manager. e/!,,/b-tf<{ iv . Recommendation from the Department of Public W rks to adopt a ~eseh,1ti9n transferring certain Mclellan Reservoir property to the Englewood Mclellan /lmJ ,,--Reservoir Foundation . STAFF_.S~~R;E: ,~~ ~ahm, Engineering If Manager. /Y~ b. Appr~f Ordinances on Second Reading. c. Resolutions and Motions. ' ... /), _ ,L f)J i. Recommendation from the Department of Financial Services to adopt a 4., f<..l'()"f'F' ---7 resolution approving the transfer of funds from the General and Public //~~ ( 1-0 Improvement Funds to the Capital Projects Fund;,_A1:.Al;F S,PURC~: Fra,n~ -(!~ ?<,) Gryglewlcz, Director of Financial Services. /ZJ ~ t:() "Mc/..,,JJo ii. Recommendation from the Department of Financial Services to adopt a r;~ resolution approving the transfer of funds from the Water Fund to the ,-· a Englewood/Mclellan Reservoir Foundation. STAFF SOURCE: Frank !!,m12S Gryglewlcz, Director of Financial Services and ~ _Dl~~r, _ Englewood llcl.ellan Reservoir Foundation. 1,7 ~ ~ (),, ~ n;_ iii. Recommendation from the Englewood/Mclellan Reservoir Foundation to f:)(,l<)I .fJ,p adopt a resolution supporting the imposition of the Restrictive Use Agreement on the Englewood/Mclellan Reservoir Foundation property. !JI) 7. f)STAFF SOURCE: A~~p~n1 ~oar~irector, Englewood Mclellan vr, -vAe .. rvoirFoundatlon. ti)~ 12. General Discussion. a. Mayor's Choice . 11~ Council Members' Choice. P" t b. dpff '7-(f Motion to appoint Beverly Bradshaw as~x officio Crty Council representative to the Englewood Housing Auth ·ty . -;iiiiJ.J~ ~~ PINN nala: If you haV9 a dlublllty and need auxlllary alda or Nl'Vicff, plaaN nolffy tha City of Englewood (303-762-2405) at !Nat 48 hours In advanca of whan Nl'VlcH .. naedad. Thank you . • • ., . ' I . 0 2 - • .. ~ --• .. ... / .. . .. • -.. Englewood City Council Agenda July 6, 1999 Pages 13. C ity Manager's Report . a. CityCenter Englewood Update . 14. City Attorney's Report . a. Motion to approve the defense and costs associated with defending an appeal of the Englewood Firefighters' Pension Board in regards to a Volunteer Firefighters """'°" (Jon Seay) by Pat Todale of Holme , Ro~ 7-0 ~ i· 'Y1'f'v" ;)?/lf~ii~~ The following minutes were transmitted to City Council be~S/99 -7/1/99: • Englewood Non-Emergency Pension Board meeting of August 6, 1998 • Englewood Police Pension Board meeting of January 14, 1999 • Englewood Planning and Zoning Commission meeting of May 18, 1999 • Englewood Code Enforcement Advisory Committee meeting of May 19, 1999 • Englewood Clean , Green and Proud Commission meeting of May 11 , 1999 • Englewood Board of Adjustment and Appeals meeting of May 13, 1999 PINN nola: If you haw a clleablllly and nNd auxlllary lllda or NrYlcN, pleaN nollfy the City of Englewood (303-782-2405) at INat 41 hcus In advalce of WMn Nl'Vlcas .. neaded. Thank you. ' . ,. . , . ~ .. •<, .. - 0 I . 0 32X ·• , . ..-. ·- - ) I . -. .. ~ . ,,... . • . ' . . -... 0 ) • • I· -. • ·• , . ..... 0 - 0 ) • / • I . l -• -. :· 7 • ·• - • • I .. ..... . -' . /gh?-~ZA~~ @a/If (j) cfu x ~)L~fiu,hl;-,1-@)~ e..1-., Tn ~@-HJ!/) CD PA1-!!m_ -urwu1-1r /)Yu • • (t)8o€'1-~~~ (J) ;J//0 -~~'(-~ •• l liJiF ,-. •