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HomeMy WebLinkAbout1999-07-19 (Regular) Meeting Agenda• •' . . July 19, 1999 ENGLEWOOD CITY COUNCIL Regular Meeting • • • •• • ., .. .. .. ' 0 - • ./ -. .. -·· • • - REGULAR CITY COUNCIL MEETI NG JULY 19, 1999 ORDINANCE # }8', 3;11, '¥• -;{, ~, fl, )h, 4 3, 4 4, 4 5 RESOLUTION * r. ~ 1. 1 . 81. 82. 83. 84. 85. 86. 87 .. •, • 0 • • 0 0 I· 0 - • • J v • • I • .. .. • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular SalicNI July 19, 1999 I . Call 18 Order The regular meeting of the Englewood City Council was called to order by Ma yor Bums at 7:34 p.m. 2. lavacadoa The invocation was given by Council Member Nabhol z.. She asked that everyone bow their heads in rcmembranc:e of John F. Kennedy . Jr .. his wife Carolyn Bessette Kenned y. and her si st er Lauren Bessette. 3 . Pledge or Allqiuce Tiie Pledge of Allegiance was led by Ma)•or Bums. 4 . Roll Call Present: Absent : A quorum was presenl Also present : 5. Miauta Council Members Nabhol z. Grazulis. Garrell. Bradshaw. Habeni cht. Waggoner, Bums None City Manager Sears City Attorney Brotnnan Deputy City Clerk Castle Adminisuation Division Chief Moore . Safet y Services Director Black. Parks and Recreation Engineering Manager/Capital Projects Manager KaJun . Public Work s Director Eaton. Human Resources (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF 111E REGULAR MEETING OF JULY 6, 1999. Ayes : Nays : The motion carried . 6 . Sd1eduled Vili18n Council Members Nabhol z. Gam:U, Bradshaw. Habenicht . Waggoner Grazulis, Burns None (a) Fire Di vi sion Chief Kieth Lockwood was presenl 10 recognu.e the efTons of Lieutenant Kent Davies. Lieutcnanl Mike Pattarozn . and Battalion Chief Kraig Stovall for their special programming cfTons . Mr. Lockwood said thal the glorious things they do, when they arc saving lives and fighting fares , they get a lot of kudos for that, but there arc a lot of things they do behind the sa:nes thal they probabl y have not done a very good job of making people aware of. He said he would like to rccogniu some people who reall y arc jUSI out there working hard and making a dill'ercncc . ., ... . ' .. ) I • 0 32 ,..- • • -• Englewood City Council July 19 , 1999 Page 2 I· .. ~ _. . • • - • .. ' ... Mr. Lockwood advised thaL about five or six years ago. we gOI in\'olved with the Arapahoe Douglas Arca Vocational School program. and they had come to us about pulling together a program for doing an internship with the students. lllis is for a large area. he advised. we draw students from all over the soulh end, nOI just the City of Englewood. but beyond those boundaries. Kraig S1ovaJI. who is a BanaJion Chief with our organi7..ation. is the individuaJ who spearheaded that effon. he staled. to design a curriculum tha1 wouJd take them beyond just being a student ,..ho got credit for coming to the fire house and meeting the firefighters. He really saw ii as an opponunity to bring these kids in and teach them somclhing. make them heller students. and maybe someday even make them good applicants for thc job. Mr. Lockwood said llial. rec:cntly, Mr. Stovall altcnded a graduation of those students and. unbeknownst 10 us. we were presenred an outstanding service award. It was presented to Englewood Fire for merilorious service to Ilic Arapahoe Douglas Area Vocational School Med Prep Program. he advised . By and large. Mr. Stovall was Ilic person who spearheaded thaL and enlisted a number of people 10 develop the curriculum. Mr. Lockwood continued thaL in the lasl couple of years . another area 1ha1 we have jumped into as far as safety education. has been in the safet y pll:\'Cntion and car scat programs. Kent Davies. who is our safer~ educator. saw tlus as an area that we could get invol\'ed in. lie said. He gm 1ogc1her wi1h Mike Panarozzi . and the 1wo of 1hem invcstiga1ed to find out whal was out lhcrc. ~-became proficient 1cchnicians al installing car scats. ,.'hich is e"''U'Cmely techmcal . considering all the different makes of cars and different kinds of car scats. nus mvol\'es a number of dilTerenr people who arc currently being trained to b<-'Come technicians at tlus, bul Mr. Da,·ies and Mr . Panarozzi bOlh have been soned our by COOT to become instructors so thal they can teach others. At Ilic last conference. we received a cenifica1e for oulstanding service award to thc Englewood Fire. in recognition of dedication and suppon toward lhe advancemenl of child passenger safety in Colorado. he advised. We are real proud of these guys and tlicir elTons . This is really the kind of thankless stuff that goes on. because. unless tlierc is an accident or some1hing. people tend to just ignore it , but we rest easy al nighl knowing tlicre is a lot of work going on behind the scenes. he said. Mayor Bums said we arc once again reminded of all thc great service the fire persormcl render to this cit~. He asked for a round of applause. Council Member Habenicht said tlw slic has been w.itching our Safel)• Services O\'er the years . especially Ilic Fire Division. She said slie tlunks tlus is Ilic orie dl\'iS1on who works so very hard 10 change Ilic statistics to make it seem like we do not need 1hem as mucb. We have fewer struclurc fires . less damage. aJI of that because they do their job so well. and thc prcventath·e tilings tliat tl1cy do arc so va luable . They really do not get enough recognition for all they do that isn ·1 Ilic hero stuff. Mayor Burns said great work on the emergency response . too. That is another tl1ing tl1ey do a terrific job on . 7 . Non-Scheduled Visiton (a) Mary Benson. I I09 South Clayton Street, Denver. passed out a letlcr to the Council members explai1ung her request. She told Council that slic has a friend who lives just up the street from the Skerrin house on B3IU10Ck . She said slie has been watching it deteriorate and it 1135 made her real sad. She said slie heard tliat Ilic City bought the house. and slie is happy that someorie is taking care of it . She said her proposal is to buy the Skerrill house from tlic City of Englewood. She said she would like 10 go tlvough a.II thc grants. make it an historicaJ place thal everyone could enjoy. Ms. Benson acknowledged t.1131 it needs a IOI of work. She said thc house is very interesting. It has some real old parts of it , and it lw sonie 1970's awful tilings. and needs a lot of TLC. She advised thal slie had reworked a house located 31 2630 South Logan Street . She said it was a 100 year old house thal had a lot of problems and slie fixed it up and it is quite a show place now. Ms. Benson said slie knolO-s she could do thal again. She advised that she had aln:ady gotten some bids on a roof and paint. They are preuy high. slie said. One was over ' .. ' ' I • 0 • • -• Englewood City Council July 19. 1999 Page 3 ,. .. .. " ----• . . • • ' $7,000.00 for the roof. Apparently they just roofed the parts that needed il. and there are now pans that really need to be redone. The same thing on the paint. she advised. and it would probably cOSI $1 .500 for carpentry before a painter would even take a brush to it Ms. Benson said a painter she spoke to told her thal. in its present condition. the house will not last through the winter. She said someone needs to jump on it. and she feels she is qualified to do that. Mayor Bums said he spoke to Ms. Benson about this briefly. with City Manager Sears. He asked where the City is in its analysis of thal structure. City Manager Sears acknowledge that there was a meeting with Ms. Benson. He said the Parks and Recreation Depanment has cleaned it up and we are involved with doing some historical preservation reviews of the building through our Building Depanmcnl. but we do not have a full repon to give Council. We were planning to put this as an agenda item in the middle of August when we have had an opponunity to look at the information from where we are and in terms of what the State Historical Society has. Mr. Sears asked Director Black if there was anything he would like to add in tcnns of maintenance. Mr. Sears said we had to wait until they had their equipment out of the propeny before we could do anything. He said it was his understanding that they may still have some vehicles in the garage. but he was not sure if C\'erything has been taken out of the site yet. Director Black said they are working with Public Works. Ron Miller and Da\'e Henderson l1<1\'c been working on the interior and Parks and Recreation pcrsoMCI have been working on the exterior He agreed that there is still quite a bit of work that needs to be done. Council Member Nabholz opined that if anyone on Council has not seen the inside. she would lughl} recommend that we have a road trip and everyone take a look at the inside of it to see exact I} what we arc dealing with. Ms . Benson said when she spoke to the roofers and painters. they said they were from three to six momhs behind. which puts you in about NO\'Cmbcr . Also. she said she put a call in to the Historical Society and the grants depanment. and she advised thal she is doing all this leg work because she really wants the house. and wants it to be a nice place for C\'C')-body. noc just her. Mayor Bums said he appreciates her interest . and the City is meeting with her and working with her. and there will be another meeting in August. and. hopefully. in the 1neantime. we will have a tour. Ms. Benson said it is a real hodge-podge. but you can see that really nice things could be done to it. Council Member Waggoner clarified lliat the City did not actually purchase the Gothic and then sell it to a pri\•ate pany . He said it was redeemed. City Manager Sears said that when he met with Ms. Benson he had explained thal the City did not sell the Gothic. Tiicy had a cure period, or time period for taxes, where he actually came back in and paid the back taxes and then took that site over. There was really no sale to them directly from the City, he advised. He asked if Ms. Benson 's proposal is lliat she would like to buy the propeny from the City and live in it. Ms . Benson said thal is correct, and she would never sell it It would not be a quick fix . but a very long one. Council Member Habenicht said she is not clear. She asked if this is an introductory letter in order to make an offer to purchase this from the City. Mayor Burns said lliat is what the interest seems to be . 8 . Communications, Prodamatioe1 ud Appointments (a) A memorandum from Bervette Williams, Chair of the Englewood Public Library Board. requesting thal Council declare a vacancy on the Board. was considered . Mayor Bums said this is with regard to Lou Parkinson's position for non-altendance . -. I • 0 . ]- • • -• Englewood City Council July 19. 1999 Page4 .. .. ·---. • • - COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RECEIVE THE MEMORANDUM AND DECLARE A VACANCY ON THE ENGLEWOOD PUBLIC LIBRARY BOARD. Mayor Bums said he knows Mr. Parkinson quite well and he is sony that he did not respond to this. He said he did not know quite why. Vote re1Ult1: Ayes: Nays: l11e motion carried. 9. Public Hearing Council Members Nabhol z. Garrell Bradsha w. Ha benicht Waggone r. Grazulis. Bums None (a) A Public Hearing was held to gather input on Council Bill No . 24 . amending sccta o ns of the Eng lewood Municipal Code 1985 pertaining to graffiti . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING. Ayes : Council Members Nabhol z. Garrett Bradshaw. Habenicht . Waggoner. Grazulis. Bums Nays : None l11e motion carried and the Public Hearing opened. All witnesses were duly swom. Administration Di vision Chief Moore. Depanment of Safety Services. presented Proof of Publica tion Notice of the Public Hearing in the Englewood Herald on June 25. 1999. He said he would be happy to answer questions during the course of die hearing. adding dial there were four niembers of the Code Enforcemelll Advisory Committee present. who were instrumental . with City Attorney Brot zman. in developing the wording of the council bill . Don Roth . 2830 South Shemian SIJCCL told Council that he had been invol ved in this process since the beginning as a member of the Code Enforcement Advisory Commillee. He also chaired die sub-commillcc dial looked at this whole issue. he said. l11osc of you who are familiar with die early history of Englewood will know that about 100 years ago. there were a number of businesses in die area that paid vel)' little a11ention to their effect on the surrounding community. In fact. Mr. Skcrritt was the landlord of a number of those business, he advised. Ninety-seven years ago. residents of the area voted to form the new city named Englewood . 111c first order of business for the new city was to set some standards for the area businesses. l11e ordinance that you are looking at tonight . he said. is in that same spirit . In panicular. Section 7-6E-IO deals with sorne of the business issues. and we will talk about that in more detail later. he said. Granted. we are not talking about what thcy were ninety-seven years ago. Gambling and prostitution are not die issues tonight. Tonight we are talking about graffiti, he advised. however, graffiti is just as onerous. This piece was put together by a group of residents. he said. They spent a lot of hours. a great deal of research. thougl1t. discussion. and a fair amount of compromise went into developing this. He thanked all the niembers of that sub-commillee who put in that time, they are very diligent. hard working and patient. l11e sub-commillee members are Todd Boyer, Katherine Fischbach. Ruth Hansen and Gerald Stankort>, and tile)' were all instrumental in developing tllis. 11ie goal that we set when we staned out on this was to design an ordinance that made sense and could actually be enforced. Mr. Roth said he feels we have done a fairly successful job, and compared to sornc of tlie ordinana:s that were looked at. he feels this piece shows a good dcaJ of restraint. 111Cre is not a lot of tough sounding language that can not be I • 0 • • -• Englewood City Council July 19. 1999 Page 5 .. ..-· .. • • - .. .. ... enfon:ed. He thanked City Attorney Brotzman for keeping them on the straight and narrow on that issue . We heard from some individuals who staled that graffiti was not a problem in Englewood. he said . Mr. Roth agreed that it is not as big a problem as it could be. He said he has some pictures taken at the greenbelt down 31 Rotolo Parle that tell a different story . About a year ago. some of the high school students painted some very nice murals on the bridge abutments in that area. and this past spring. someone decided to sign their anwork for them . He passed some pictures of what has gone on recently . Mr . Roth said he would like to give a brief sununary of the pieces in this ordinance. The first piece is §7-6F-12 . which prohibits graffiti . It is very similar to whal is currently in the Code. but it has a little bit tighter focus. and does a little bit better job of defining what graffiti really is . §7-6E-9 prohibits the possession of specific graffiti materials by minors. It seems that most of this son of thing is done by minors and it would be difficult to control adults in this type of thing. At any rate . with all the oilier codes that we have . minors are an easy target, and. since tllCy present the biggest target. this is where we looked. he said . While the items prohibited from possession are not all inclusive by any stretch of the imagination. it docs cover the most commonly used items by graffiti taggers. he said. What it does is allow the police a little more leeway in contacting potential or suspected taggers. §7-6E-IO prohibits the sale of those same materials 10 minors by local businesses. he said. §7-6E-13 defines parental responsibility with respect to graffiti. Tilis is tl1e one section that is probably more posturing than there really is meal to iL he said , but it spells out what we were looking for from the parents . He advised that Mr . Bromnan pointed out thal probabl y no one would ever be charged under that section. but it is nonetheless an imponant piece . The final piece m this. he said. is § 15-15-1. which places cleanup enforcement under the standard nuisance abatement process . Mr . Roth advised that the current language allows only twenty-four hours for cleanup. which seems a little unreasonable. and ii really is not being enforced anyway. so we might as well make something that is standardized and fits in with Ilic rest of our nuisance abatement.. Mr. Roth said he personally has one concern . Tilis was pu1 together with a good deal of compromise. and in panicular. §7-6E-IO-C, which pertains to the businesses, he said. We had several meetings about tllis. and this is tl1c compromise version. Not everyone on the committee agrees with the oompromisc. myself being one. he said. although it is better than nothing. On the other hand. I would like to sec a little bit stronger language. he said. Paragraph one. as written. allows the businesses to store these defined graffiti materials witl1in the line of sight of tlicir employees as a theft deterrent. Paragraph two states thaL if businesses can not comply with paragraph one. then tlicy must store graffiti 1naterials in an area th.it requires employee assistance. he said. Paragraph one is nearly impossible to enforce. he opined . Mr . Roth said he doubts that Safety Services would devote a whole lot of time to trying to enforce tl13t paragraph. and. in a sense . paragraph two is dcpendenl on paragraph one. Paragraph two is vinually meaningless in the presence of par.1graph one . Mr . Roth said tl13t is his personal opinion. He urged Council to delete paragraph one and tl1c reference to it in paragraph two, and make tllis an ordinance that can be enforced and tl13t would make ii consistent with what Denver passed tltis last fall . Mr. Roth said he feels that consistency is imponant in considering our close proximity to Denver. Council Member Habenicht asked if the makeup of the committee was all Englewood citizens. Mr. Roth replied that every member was a residcnl and there was one who was a resident and business owner. Ms . Habenicht asked if there were four people on the committee . Mr . Roth responded tl13t tl1ere were five . Ms . Habenicht said the compromise position was to go with llus. She asked if that was a compromise. a vote of majority . or a consensus. Mr . Roth responded 11131 he believed it was a consensus opinion to present tltis with lhe compromise version. There are pros and cons to both directions. he allowed . Ultimately 11131 is what it wJS , and 111.11 is why we decided that maybe Council has a little bit better feel for what we need . Ms . Habenicht said Ilic reason slic was asking is. when we had sonic infonnation on tllis last time. sl1e 113d the impression 111.11 it was strongly endorsed by this collllrlittee. and it sounds like now it is not really strongly endorsed. but that tlicre nlight have been a contingent that would like to see tl1is be much stronger. Mr. Roth said that is true. It is endorsed by the Code Enforcement Advisory Committee as it stands. We would prefer lo sec stronger language, but it is acceptable as is . Ms . Habenicht asked if she is to understand that what is presented here tonigl1t everybody could agree on . Mr. Roth said we could live with I • 0 • • -• Englewood City Council July 19 , 1999 Page6 " ,,-. • • - .. , . " it. let 's put it that way . Ms . Habenicht asked if nobody would have made it less weak. but people would have made it more strong. Mr. Roth said right deleting paragraph one makes it stronger. Ms . Habenicht asked. in paragraph one. ifhe was referring to display and Slorage . Council Member Waggoner said line of sight Mr. Roth said that gives the businesses the option of a line of sight displa y of the merchandise . rather than strict lock down . Mayor Burns asked if Denver is essentially paragraph two . Mr. Roth said that is correct , Denver requires lock down . Mayor Bums said there was a question about how much of the paint supplies were actually stolen that kids use . Mr. Roth said there are a lot of statistics. and you have to take them all with a grain of salt because everyone is trying to prove their point . The reality is probably somewhere between the two extremes. he said . The people who are pro lockdown are going to say IOOo/o of the paint is stolen. Tiiat may be true . but it does not necessarily mean it was stolen from businesses . it could have been stolen from the next door neighbor. be said. Council Member Habenicht asked if this went before Clean. Green and Proud . Mr. Roth s.-ud there "as some discussion then:. but no vote was involved . Ms . Habenicht asked what the understandin g was. or rhc feel. of Clca1t Green and Proud . She said she was swprised it did not go back to Clc:m. Green .-u1d Proud Council Member Nabhol z said she did not understand why it would . Mr . Roth said it 1s rcall~ 1101 an iss ue that Clean. Green and Proud is concerned with . He said that he and Mr. Stankorb arc both on Clcart Gree n and Proud . so it was discussed a little bit. but it was not something tJiat commission was dealin g wilh Council Member Gr.11..ulis asked if anyone from Flood Middle School had been consulted. because 1hc} had done a progr.un on this also. and we were to take some of their ideas into considemtion . Mr. Roth sa id 11 was discussed a liule bit tJie evenmg after tJie meeting . The issues tJiat they were bringin g up . munber one . the juvenile responsibility was counter to the rest of the Englewood Code . it would bevel) diffi c ult . .-uul 11131 was their main premise . Ms. Grazulis said as long as they were consulted . Site asked 1f tlte } had nol also said something about parents being responsible . Council Member Bradshaw said tlu s docs address tJaat concern soniewliat. Mr . Roth said tlierc is a parental responsibility section in here . and that probabl y is more postunng. as 11 would be difficult to charge anyo1ie on tJiat issue. but nonetlielcss. it is spelled out . Council Member Bradshaw asked if he liad not said earlier that this was acceptable to the Code Enforcement Advisory Committee as written . Mr. Roth said . as written. it is acceptable . Ms . Bradslia" said but your sniallcr committee would like it stronger. Mr. Roth said not all of the members . n,crc arc two sides to this coi1t and that is why we put it in Council's la p. Mayor Burns asked if paragraph C-1 is essentially tJ1c industry s1.-u11lanis . 1ha1 is tJ1c lobbying group 1ha1 we heard from . Mr. Roth concurred. adding tJiat it conies from the IMLA . Council Member Bradshaw asked if it was from the Colorado Retail Council. Mr. Roth said the Colorado Retail Council suppons it . but tire language actually comes from a recommended ordinance from the IMLA . City Attorney Brot zman explained diat it stands for lnterriational Municipal Lawyers Association . Mayor Bums asked how Safety Services feels about how enforceable this is , and whether we can still get the job done by notifying businesses to clean up. Mr. Roth responded that he was sure you could, but the point he was malting was tJiat it is very difficult to prove that they have not been observing. They put it across the isle from the cash register, which qualifies for line of sight. but as tJ1e clerk is busy ringing up somebody else 's merchandise. he is not watching. So1ne of those issues probabl y can be addressed. and d1crc arc effective ways for tJiat to happcrt he said. but my concern is whether it will or will not happen . We had some contact with the group that met with us about this and n:conunended this language and tJIC)· made some promises to give help and training to the businesses and. hopefully , they will follow through on that . He said there is a representative out in the audience tonight , so . hopefully. she can gi,•e a little more insigl1t on what they really plan on doing. Mr. Roth com1nented that . as he had noted in the letter given to ., ' . I • 0 ]- • • -• Englewood Cit y Council Jul y 19 . 1999 Page 7 .. •,, -- .. ,, ,,,-. • .. • -... Council earlier. one of the concerns with their effons was they had admitted Uiat the model th ey were usin g at the meeting was Albuquerque. New Mexico where they had set up a program like th is. and Oien they admitted that they have not been to Albuquerque in two years . Council Member Habenicht said her concern is the Denver ordinance tliat lias U1e tighter control over this . She asked how long that has been in operation. Mr. Roth said he is not sure U1ey liave actuall y implcrncnced it yet. lbey passed it last November. but he did not feel they have begun enforcing it yet. at least if they have . they are not doing a very good job. Ms . Habenicht said the reason she raised th.it is Uiat she noticed on Sheridan Boulevard the other day that there is a remarkable reduction in the graffiti . It had been a horrendous problem and she wondered if. I>)· some chance. the stronger ordinance had something to do with that. Mr. Roth said he could not reall~· sa y. but he knows that. in visitjng some of the businesses 111 Denver. they do not have some of their spray paint under lock down at U1is time . Mayor Bums said he thought Den,·er's ordiriance was patterned after Ute Phoenix ordinance . He asked Mr Roth if he knew how effective that one is . Mr. RoU1 responded that Phoenix drums it was extremel y effective. but he did not have the figures in front of him. He said he knows that was wh y they were here proposing it to Denver. because they felt it was extremel y effecti\'e and there was a hug e reducti on m graffiti , according to their statistics . Council Member Habenicht recalled tltat we had one of the very first graffiti ordinances in Colorado. and ours was the model . We have Dorothy Romans to thank for tliat. she added . Ms . Habenicht sai d she want s to suppon Olis. but is really concerned about Ute nlixed feelings on the pan of Ute committee. Mr. Roth said. hopefull y to alleviate some of her concern about that. Ute group suppons it as it is. and we all think ii is an improvenicnt. One of the issues we discussed . also. is if. in the future . it becomes a problem . it would be very easy to go back and delete 0131 paragraph at a later date. It is written in such a way . he sa id. that i1 would not be difficult to make that change . 1ltere are pros and cons in both versions. ii is j ust that. considering Denver's passing of a stronger ordinance . and our close proximit y to Dcn\'cr. we arc a linlc nervous about liaving a weaker language in ours. Council Member Nabhol z said she knows tllis sub-conunittee has worked diligentl y. with Cit y Attorney Brotzman. and she applauds the Code Enforcenicnt Advisory Committee. as well as tllis sub-committ.ee . Mr. Roth said the members did a great job. Of all the committees on t11c Code Enforcement AdviSOI')' Conuninee. tllis is Ute onl y one tliat stood the test of tinte . lte said . Christena Estes , 2534 S0uU1 Gilpin Street. Denver. said she was representing the National Council to Prevent Delinquency. and the Colorado Retail Council. Site said she believes we both sent letters to U1e Mayor and Council, and she thanked them for giving lter an opponunity to speak on thi s issue . She said she would also like to thank both the Code Enforcement Advisory Committee and sub-committee for allowing the National Council to Prevent Delinquency to come in and speak wiU1 them on April s••. 1l1ey were very couneous and took in a lot of infonriation at orte tinic. Ms . Estes said she is very pleased to endorse and suppon Cow1cil Bill No . 24 . as written, on tlte lock up issue tliat was referred to . We . as a retailing commw1it y, suppon flexibilit y in the way tliat we sell our product , and we beli ev e this ordinance responds to U1e concems tliat we presented to tl1e Code Enforcement Advisory Committee on April 5d•. At that time . she continued. we expressed our interest in assisting U1c City and tl1c appropriate graffiti coormnator or commwlity liaison in tl1e training of retruling and providing signagc , and that kind of thing . 1l1is would be assistance with Uic graffiti program. establishing paint banks. and having a pannership between tl1e two entities was our goal at 0131 time and we are still here publicly 10 offer tliat assistance . she said . Regarding Denver, the lockup tlterc was not passed without opposition. there was sigrlificant opposition there. and tlte lockup has not been instituted as of yet . Ms . Estes said she is not sure when the actual date of initiation will occur. but she felt it would be a year from the passage . Site said site is not sure how their enforcement mechanism will work. and that was orte of our concerns that we raised with them al that time . We as a retailing commwlity would like to be responsible, she said. and we feel that . ifthefl is not a 1riajor problem in Uie cit y. then putting pwulivc type laws on the books without attempting to go for a • ~ .. I • 0 • • • Englewood Cily Council July 19. 1999 Page8 "'"',· - , . ... .. ,. • .. • -.. more flexible approach. is damaging. We would like 10 have the opponunity 10 prove lo Council Iha! we can be responsible citizens. If tbis does no( work for a year. we would be more lban happy to come back and revisit the issue. she said. Ms. Estes ag;iin lbanked Council for the opportunily 10 speak. and rei1era1ed lhal we arc here as a n:tailing community to suppon the bill as wrillen . Council Member Bradshaw recalled the last time that Ms . Estes spoke to Council she said she would contact different relail establishments. She asked if Ms . Estes had contacted all the retailers in Englewood. Ms . Estes said yes. they have contacted fony-two. and it was tbose that sold paint and what is classified as graffiti instruments. Ms . Bradshaw said so you have contacted all tbose at this time . Ms. Estes said yes. Ms . Bradshaw asked what they had found out. Ms. Estes responded that they found out that lhey were not happy with the proposal to lock up paint and that they did not really know a whole lot about the issue and were not very informed as to what City Council was proposing. and they were 'l\illing to assist in any way they could to make it a beller community . Council Member Bradshaw asked if Ms . Estes could specifically name some of tliose . Ms . Estes responded that it was a confidential survey. so the infonnation that they give her is con1ingen1 upon ii being confidential. Mayor Burns asked Ms. Estes if she had spoken to them aboul how much of their produ cl is stolen . Ms . Estes said she did. and it was not a significant amount. She said she would not lie . 1hcrc were a couple of problem stores. and we have asked IJICDI lo allow us lo come in and help tlicm revamp !heir program. retrain their employees. pul sig113ge up. and put the malerials in closer view . A couple of lhc stores thal we visited did not ha,e the materials up front , in a direct line of sight. and we think that significantl) contributed to the problem . she said. and they were very happy to receive our assistance. Mayor Burns said Mr. Roth had mentioned a lack of follow-up in Albuquerque . He asked Ms . Estes 10 address that Ms. Estes acknowledged that tlic National Council to Prevent Delinquency helped Albuquerque set up their program . lbc: decision of Ilic policymakers in Albuquerque was to have us assist their graffili coordinalor. she explained, so it is at their leisure that we come in and help them . Last year. their graffili abatemenl officer was pro1no(ed to the national level in Keep America Beautiful. and they were going 1hrough !heir search process. which may have led to a lack of communication . Council Member Habcnichl asked. in any of 1he cities that Ilic NCPD has had a connection with on lltis issue, if anyone in the business community. or the retail community. assists in llie cleanup of graffiti when llicir product~ llial Ibey have sold were ulilizcd . Ms . Estes responded thal lliat is part of !heir program . lliey try to bridge Ilic gap between the retailers and the communi1 y and help, nol onl y in cleanup. but in providing free paint and assistance. She added that it 1s personalized lo each commmtily. and we would need a clear person lhal we could deal wilh and a direction from Council as 10 whclher or 1101 !hey wanl 1ha1 assistance. Council Member Habenichl asked if lhal would have lo be pan of our ordinance . City Allorne y Brotz man said no . Gerald Slallkorb. 4913 Chenango Circle . a member of the Code Enforcement Advisor)' Commince. said lliat he was nol siue he could really clarify an)1hing. bul lhcrc seems lo be a lot of questions aboul how lhe commillce fell . We submined an ordinance to the Council with much stronger language originally and ii was 1aken off lhe agenda , he said . When we went back and had discussions 'l\ith the NCPD . lhcrc was sonic assislancc offered to us to make some modifications in the language, and al that point we also. quilc frankly , were not sure we had enough suppon on Council to pass it the way ii originall y was . We fell that a compromise bill was bcller than nothing at all. he said. Mr. Stankorb said he thought, not only the sub- commillce. bul also the full commiuee. voted lo acccp1 both versions of the bill. but that is why ii was " ' . ~ . • I • 0 • t • Englewood City Council July 19, 1999 Page9 /· . ... • ,,--· • • • .. .. ... ~ compromised and modified. in part. We fell thal if we could get this bill passed. and accept some assistance from their group. that miglu be better than just the straight out lockup and not knowing whether we were going to get any of the bill passed by Counci I. One other thing. he said. was thal he was not sure where the number of forty-two came from t.hal Ms. Estes quoted as being the nwnber of retailers thal were surveyed. He said thal was a very misleading number, because the number of businesses that arc actually in Englewood, and thal actually scll lhcsc types of materials. he believes is closer to eleven or twelve. and a oouple of them may have Englewood addresses. but arc not actually in Englewood. So. he said. we are looking at a very much smaller number of retailers, and he just wanted to clarify that Council Member Habenicht said this brings her a little bit of concern and maybe she is not understanding. The committee originally gave us a suonger bill. and we sent it back? Mr. Stankorb said yes. You fell that Council would not suppon the suongcr one so you made it weaker so that Council might suppon it. she said. Mr. Stankorb said they compromised because one of the reasons it was taken off the agenda was because the NCPD came and spoke and we were asked to take another look at it and that kind of gave us some mixed signals about where Council was coming from . Mr. Stankorb said he believes the Code Enforcement Advisory Committee would suppon either version. either the total lockup. or trymg a lilllc more lenient approach to see if it works. Ms. Habenicht asked if the more lenient approach was second guessing Council . Mr. Stankorb said he thinks that was a piece of it . Council Member Waggoner said it was a compromise. as he understands it. Mayor Burns said Council asked for the SW'\'ey. too. Mr. Stankorb said he did not know whether it should be called second guess or compromise. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays: None The motion carried and Ilic Public Hearing closed. Mayor Burns said tllis wiU be taken up when it comes back before Council for action. Council Member Bradshaw asked that this matter be brought back at the first meeting in August. II was Council's consensus t.hal they would like to see this bill again at the first meeting in August . 10 . Con1e11t Apda (a) Approval of Ordinances of First Reading. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING . (i) COUNCIL BILL NO. 43 , 11'ITRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER I. SECTION IB. OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS. Voceraulh: Ayes : Council Members Nabholz. Garfflt Bradshaw. Habenicht. Waggoner Grazulis. Bums Nays: None The motion carried. ., .. .. . ~ . . , • I • 0 Englewood City Council July 19, 1999 Page 10 , .. .. ,. -· • • - (b) Approval of Ordinances on Second Reading .. ' COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii), (iii) AND (iv) ON SECOND READING. (i) ORDINANCE NO. 36. SERJES OF 1999 (COUNCIL BILL NO. 16. lNTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE REPEALING TITLE 7, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERT AJNING TO BURGLARY PREVENTION. (ii) ORDINANCE NO. 37. SERIES OF 1999 (COUNCIL BILL NO. 32 . lNTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY . (iii) ORDINANCE NO. 38. SERJES OF 1999 (COUNCIL BILL NO . 37 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 12 , CHAPTER IB. SECTION 10. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO FIRE HYDRANTS. (iv) ORDINANCE NO. 39, SERIES OF 1999 (COUNCIL BILL NO. 4-4 . lNTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND 1llROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2. 1999. Vote rault1: Ayes : Nays: Council Members Nabholz. Garrett Bradshaw. Habcnichl. Waggoner. Grazulis. Bums None Tiic mo1ion carried . (c) Rcsolulions and MOlions COUNCIL MEMBER WAGGONER REMOVED ITEM 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (ii), (iii) AND (iv). (ii) RESOLUTION NO. 77. SERIES OF 1999 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO TO FILE AN APPLICATION WITH THE U.S. DEPARTMENT OF COMMERCE: ECONOMIC DEVELOPMENT ADMINlSTRA TION FOR A GRANT WHICH WILL FUND THE DEMOLITION OF THE EXISTING ENGLEWOOD CITY HALL. SURROUNDING ROADWAY AND PARKING LOTS. (iii) RESOLUTION NO. 78. SERJES OF 1999 ' I· 0 • Englewood City Council July 19. 1999 Page 11 • • • - .. ... A RESOLlITION AUTHORIZING THE CITY OF ENGLEWOOD . COLORADO TO FILE AN APPLICATION Willi THE DRCOG 2001-2006 TRANSPORTATION IMPROVEMENT PROGRAM FOR A GRANT WHICH WILL FUND SANT A FE LANDSCAPING-PHASE II . SOUTH BROADWAY STREETSCAPE. SIDEWALK INSTALLATION IN THE BLOCKS OF 3000-3600 WEST BELLEVIEW A VENUE AND 3000-3400 SOUTH UNIVERSITY BOULEVARD . (iv) A CONTRACT Willi CAROLLO ENGINEERS IN THE AMOUNT OF S6S ,300.00 FOR TECHNICAL ASSISTANCE FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT'S DISCHARGE PERMIT RENEWAL . Vote rault1: Ayes : Nays : 111c motion carried . Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner Grazulis. Bums None (i) Council Member Waggoner said he has some questions. Mayor Bums read tile title of the resolution for the benefit of the audience . Director Black presented the recommendation from the Depanrnent of Parks and Recreation to adopt a resolution approving an agreement between the City and the Society for Preservation of Humanity . to provide an in public places. He advised that the Society would like to put ten sculptures in the Cit y of Englewood along Linle Dry Creek for a two year period. with options for renewal. Mr. Waggoner said his concerns were more granunatical than anything. Under page 2. paragraph 4. he said, down about the middle. it stans .. with the actual cost of removal and installation of the replacement piece shall be paid ... ·• I guess we should either take out .. with., and just say the actual cost removal and installation ... " or leave -with .. in and take .. shall be" out. he said . One way or the other. the language does not read right. Council Member Bradsbaw asked if thal is in addition to the other amow1t. Mr. Black said yes. it is. That is if the City and the Cultwal Ans Commission sign off on the original ten pieces going in. and they arc installed. and then lalcr on. the City decides that. for whatever reason. there is a piece that needs to be removed. and the City would remove that piece . Council Member Bradsbaw said so it is if we decide the piece needs to be removed we pay for it. but if it is just the natural rotation ... Mr . Black said that is correct. Ms . Bradshaw said sbe thinks thal is misleading. Mr. Waggoner said. do\\11 in paragrapb 9. starting with .. if the Society fails to repair the dangerous condition tl1e graffiti within twenty-four hours .. :· That does not read right. eitl1cr. he said. City Attorney Brotzman said there sbould be the word .. or .. between .. condition·· and .. the ... Council Member Habenicht asked for clarification . If it is removed because of a mailer of taste, after it has been aa:epted. the City bears the cost. and if it is removed because it is a safety issue, or a liability issue . or a danger issue. it is removed at tlie cost of the Society, she said . Mr. Black said tliat is correct . Mayor Bums said he would like to have a better definition of what a Sculpture Garden is. Mr. Black said he thinks for the purpose of this contract. the Sculpture Garden means the location that the ten pieces of sculpture will go into . We really did not get into a specific definition, he said . but basically that is what it means. it is the location of the ten pieces of sculpture. Mayor Burns said also. Wider the acts performed by the City. page 3. number 4, .. the site or sites for the Sculpture Garden will be at tlie discretion of tlie City. so long as the site is in a City owned park". so that I • 0 J- • • • Englewood City Council Jul y 19, 1999 Page 12 ~ --• • - .. .. ~ ... ~ could include anywhere. These ten. he said, arc only going in Little Dty Creek. He said he did not think the definition of Sculpcurc Garden is DOI confined to just those ten. because there is a reference here to any park or open space in the City. Council Member Bradshaw asked if we need to just tie this down on specifics more. Mayor Bums said he thinks the definition of Sculpture Garden could be very broad. and it was just the fact that there wa s no definition here that bothered him . Mr. Black said we could go back and revisit that definition. but basically, for what we arc looking at here. it is the location of the ten pieces of sculplurc that they will present. but we can include a definition as part of the agreement. Council Member Bradshaw said let 's just pull it and bring it back with those things cleared up at the first meeting in August. Council Member Habenicht asked if that would preclude the installation. or moving forward in wh.11 th~ arc trying to do. if we postpone it. Mr . Black said they arc in the process no" of lllO\ing sculplures in. in fact they have already brought some in from out of stale. Their plan was 10 move forward at the end of this month or the first of August for installation. but if thi s is not clear. and Counc il wants to go back and clea n thi s up. we can cenainly do thal. he said. Ms . Bradshaw said ii would delay them two weeks. Council Member Habenicht said she would like to clanf)• tha t her unde rstanding is that the 1cnn Sculpture Gardens is a 1enn that ti~· use . It is capitalized in all places. so tl1at it is not really a definition kind of issue. but more of a designation issue. what they call ii when they put something in . So what else is not clarified in hen:. she asked . Director Black said he thinks that is a fair definition. where the specific location is what he considers Sculpture Garden. C0tmcil Member Waggoner said at the top of page 3. thcn: is this "'$6.2000"' and I am not sure I can read tliat nwnber. Council Member Habenicht said we arc just talking about grammatical and typographical errors. She said she does not sec why it needs to be continued. Mayor Bums said he is still looking for tliat definition . Council Member Bradsliaw said she would rather have it passed in total. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM IO (c) (i) WITH mE GRAMMATICAL CHANGES mAT HAVE BEEN SUGGESTED . Mayor Bums asked if he was going to include tl1e definition of a sculpture garden. Council Member Waggoner said he is torn between sculpeurc garden capitalized. It seems like that is a specific place for each sculpeure. each one indi vidually could be a garden in itself. Mayor Bums said Ilic first Whereas says there is a proposal submitted for the construction of sculpture gardens to be pL1Ced in park or open space areas of the City of Englewood. Council Member Waggoner added ALONG WITH THE DEFINITION OF A SCULPTURE GARDEN to his motion. Vote results: ~ I • 0 • • -• Englewood City Council July 19, 1999 Page 13 • • - .. .. ... Ayes : Council Members Nabhol z. Garntt Bradshaw. Habenicht Waggoner. Grazulis. Bums Nays : None The motion carried . Mayor Bums advised that this is a resolution and would need to have a number assigned. The resolution was assigned a number and read by title . RESOLUTION NO . 79. SERIES OF 1999 A RESOLUTION AUTHORIZING A CONTRACT FOR THE ART IN PUBLIC PLACES PROGRAM BETWEEN THE SOCIETY FOR THE PRESERVATION OF HUMANITY AND THE CITY OF ENGLEWOOD . COLORADO . Council Member Waggoner said let · s start over. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEM 10 (c) (i) AS AMENDED AND WITH THE DEFINITION OF A SCULPTURE GARDEN. Ayes : Nays: The motion carried. Council Members Nabhol z. Garrett Bradshaw . Habenicht Waggoner. Grazulis . Bums None Director Black said he would work with City Attorney Brotzman to clean that up and come up with a better definition of Sculpture Garden . 11 . Regular A~nda (a) Approval of Ordinances on First Reading Tiiere were no additional items submitted for appro,•al on first reading . (Sec Agenda hem IO -Consent Agenda.) (b) Approval of Ordinances on Second Read ing COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE REGULAR AGENDA ITEMS 10 (b) (i), (ii) AND (iii) ON SECOND READING . (i) ORDINANCE NO . 40, SERIES OF 1999 (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 AN AMENDED CITY OF ENGLEWOOD NON- EMERGENCY EMPLOYEES RETIREMENT PLAN . (ii) ORDINANCE NO . 41. SERIES OF 1999 (COUNCIL BILL NO . 45 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY FROM THE CITY OF ENGLEWOOD. COLORADO TO THE ENGLEWOOD McLELLAN RESERVOIR FOUNDATION . • I • 0 • • • Englewood City Council July 19 , 1999 Page 14 1-.,.,. .. ~ -· • • - • . . .. ... (iii) ORDINANCE NO. 42, SERIES OF 1999 (COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTIIORIZING THE .. AMENDMENT' TO THE INTERGOVERNMENTAL AGREEMENT Willi THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION AND FUNDING OF THE TRANSIT FACILITIES AND PARKING SPACES AT CITYCENTER ENGLEWOOD. Vote raulu: Ayes : Nays : The motion carried. Council Members Nabholz. Gam:{L Bradshaw. Habenicht Waggoner Grazulis. Bums None (c) Resolutions and Motions (i) Engineering Manager/Capilal Projects Manager Kahm presented a recommendation from the Department of Public Works to adopt a resolution supponing the Englewood Environmenlal Foundation 's selection of CalCon Constructors as the General Contractor for the remodel construction of Englewood Civic Center. Mr. Kalun said he is also here this evening a s a board member for the Englewood Environmental Foundation . He said the Englewood EnviroM1cntal Foundation was crcaled 10 suppon the rcde\•elopmenl ofCityCenler Englewood. Al thc cod of 1998. Council supponcd the issuance of Cenificales of Participation. thal provided S9. 3 million for the remodeling of the fonncr Foley's building for a new Civic Ce111er. Council also appr<n•ed Resolution No. 74. Series of 1999. providing an additional S2 million for this project . Al this time. staff recommends that Council support. by resolulion . the Englewood En\'iroruncnlal Foundation's selection of CaJCon Constructors as the General Contraclor for the remodel of the Civic Cenler. wilh construction to begin in about a week. approximately July 26. 1999, he said. CaJCon has assisted the Foundation and David Owen Tryba Archilccls wilh pre-construction activities. including building exploration. design. value engineering and cost cstimales. CalCon has soliciled bids from multiple sub-contraclors and arrived al a guaranleed maximum price for lhc remodel of the project, he explained. CalCon's guaranleed ma.~imum price for the project is S9.363.042.00. Al the July 12'" S1udy Session. Council also discussed several altemalives to the project. and elected to go forward wilh alternates I. 2 4, 5. 6 and 7. which added approximately S270,000 10 that guaranleed maximum price . Mr. Kahm said he believed lhe commwlication Council had suggested thal number is S378 .000.00. but that was the Iola! of all the alternatives. if they had all been selccled. Also. he said. lhal means the S9,741.000 .00 nwnber on the commwlication should actually be S9 ,633,533 .00. Thal would be the lotal of construction. with the altcmalives that Council selccled. Those allematives would bring the estimalcd tolal project cost to SI 1,175,486.00, which includes all the design services. furniture , fixture equipment and an owner's conlingency for thc project of SJ 17.000.00, he said . As was also mentioned al that S1udy Session. the contractor's guaranleed maximum price also includes S250,000.00 in conslruction con1ingency , so we aclually have a conlingency of S567 ,000.00, or 6 .3% of thc lotal project. available to us, he said. Mr. Kahm repeated thal the tolal funding for the project that is available is S9.300,000.00 from the COP 's and the S2 million thal was moved by Resolu1ion 74 , Series of 1999 , so thc tOlal budget available is SI 1,300 ,000 .00. That is adequate for the projccl as proposed. he said. Mayor Bums asked Mr. Kalun to give him that nine million figure again. with lhe allematives. Mr. Kahm said, where ii says S378,000.00, would be $270,491.00. Council Member Waggoner said lhal was not in the resolution. Mr. Kalun said no. it was only in the communication. Mr. Waggoner asked whal the correct nwnbers for lhe resolulion were. Mr. Kalun said, in Section I , the S9.636,000.00 figure is the base GMP. and that number, with the alternatives lhat Council selected. would go to S9,633.533 .00. for a lolal project budget of SI 1,175,486.00. Mr. Waggoner asked if. in the Whereas, SI 1.300,000.00 was correcl. Mr. Kahm said thal nwnber is correct . •. I • 0 - • • ~ -· • • - Englewood City Council Jul y 19. 1999 Page 15 The resolution was assigned a nwnber and read by title. RESOLUTION NO . 80, SERIES OF 1999 .. . .. .. ... ~ A RESOLUTION SUPPORTING 1llE ENGLEWOOD ENVIRONMENT AL FOUNDATION 'S CHOICE OF CALCON CONSTRUCTORS AS 1l{E GENERAL CONTRACTOR FOR 1l{E REMODEL OF THE ENGLEWOOD CIVIC CENTER . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO. IO, SERIES OF 1999, WITH THE nGURE CBANGL . Mayor Bums said they bad gone through quite a long process to get the guaranteed rnaximwn price . Mr. Kahm apologized for those errors in math that caused some confusion this evening. Vote realU: Ayes : Nay s : Council Members Nabhol z. Garrell Bradshaw. Haben ic ht Waggoner Grazulis. Bums None The motion carried. Mr. Kahm said the Foundalion will proceed. He thanked Council. Mayor Bums thanked Mr. Kahm for all his work on this. (ii) Director Eaton presellled a recommendation from tllC Human Resources Dcpanmcnt to appoint an arbilralor to conduct hearings in the matter of the impasse between the Ci ty of Englewood and the Englewood Police Benefit Association. Ms. Eaton advised that Council had been provided with lhrcc resumes from which to choose the arbitrator. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE HARVEY A. NATIIAN AS THE ARBITRATOR FOR THE ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Ayes : Council Members Nabhol z. Garrell Bradshaw, Habenicht . Waggoner Grazuli s. Bums Nays : None The motion carried. 12 . Gcaenl DilCUllioa (a) Mayor 's Choice Mayor Bums had no matters to discuss . (b) Council Members ' Choice Mayor Bums asked if lhcrc were any additional items that had not been discussed at the Study Session . (i) Council Member Bradshaw said she just had a quick question. She asked if ' Clean. Green and Proud came before them with a trash hauling rccommcndalion. Mayor Bums said not lately . Ms. Bradshaw asked what that rccommendalion was . Council Member Nabholz said it was referred back to Clean. Green and Proud. CourlCil Member Garrett n:callcd that is was for one hauler. Ms . Nabhol z suggested having Mr. Roth or Mr. Stankorb address that. ' . ., '· .. ., . . l .. I • 0 - • • Englewood City Council July 19. 1999 Page 16 , .. -· • .. • -.. Don Roth Slaled lhal ii gOI rd'em:d back. allhough he did DOI lhink Ibey ever got so far as 10 actually recommend a one hauler syslCm. We were invcstigaling lhal , he said, and lhc consensus among lhc haulers wu lhal Ibey would pRfer lhal rather lhan a division oflhc city. We have discussed all of this wilh lhcm. bul ii has been lhn:c or four years now . and all of lhe haulers have shuffled. so ii is hard 10 say whal !heir opinion would be. Council Member Bradshaw said lhc reason she asked was because she wanted 10 know if lhc possib11i1y of Englewood contracting wilh Denver had been discussed . Mr. Roth said he did DOI lhinlt lhal was ever really investigated. Pan of lhc reason is lhal one of lhc haulers is an Englewood business. Was1c Managemcnl has !heir operation here, so we were looking al ii more as a privale en1erprise. he S3ld Ms. Bradshaw said, after dealing wilh nwnerous complaints in Arapahoe Acres aboul different trash haulers who choose lo pick up some days. and DOI Olher days . Sometimes lhcy pick up on lhc day after a holiday. and somc1irncs lhcy try 10 pick up on lhc holiday , and ii gels very confusing. she S31d . and she wondered if Clean. Green and Proud could revisil lhal and look al allemalives. or staff or whoever Mr. Roth said if ii wenl 10 conlraet hauling. lhose are lhc kinds of things lhal you could la~ dmrn as pan of lhe conlraet.. Ms . Bradshaw said she does DOI know if Council has any interest in lha1 or not bu1 ii 1s lhe wear and 1car on our streets . Council Member Habnichl said !here have been so many other lhings on our plale thal we have put that on a back burner. bul ii is an imponan1 issue . Council Member Bradshaw said five difTerenl haulers go lhrough her neighborhood . Mr. Roth said ii is definitely on Clean. Green and Proud 's agenda 10 pick up lhal issue and stan working on ii again, we just have loo many Olhcr lhings before us righl now . Council Member Habenichl said lei 's move forward, I agree with you . Council Member Bradshaw said she would like lo see 1ha1 revisited . Mayor Burns said there seemed lo be a bias lhat people wanled lo be free to hire their own lrash haulers , and lhcn you do gel four or five going dm\11 lhc same alley. Council Member Garren asked if ii would require a vote of lhc people 10 go 10 a single hauler if we were 10 impose a laX on lhem lo pay for that City Anorncy BrolZman said thal is actually a fee . so you would nol have lo go lo lhe vorers . Mayor Burns said you mighl wanl 10. Council Member Bradshaw said she would lhink we would wanl lo. She said she would like 10 have thal explored . (ii) Council Member Nabholz: I . She passed OUI her CML repon. and said !hank you . 2. She !hanked Cowicil and lhe City Manager's office for flowers last Monday. 3. She asked for lhe Slalus of Tim al 4898 Soulh Lincoln Street She said she has wrinen some Olhcrs down for Mr. Scars lo check into . 4 . She said thal Governor Owens has requesred lhal elected leaders proclaim July 31 , 1999 as Colorado Cares Days . If lhere is sornclhing lhal we can do eilher as a aean. Green and Proud Commission. or all lhe commissions. she fell lhal would be nice . • ., .. I I • 0 • • • Englewood City Council July 19, 1999 Page 17 ·~ • • - 5. She said she is interested in attending the Federal Transit Administration. July 26. 1999. here . She said she had the privilege of meeting Gordon Linton just as he popped his head in that morning. 6. She said, if no one else is going. or interested in going. to the Rail-Volution Conference in September. she is interested in aucnding. 7. She said she had another very big thank you. She received a call last week at work.. the Fire Department was al her house . They showed up quickly and. since her neighbor had a key . she was grateful they did not have to break down the door. Thank you to the Fire DcpuuncM. she said. It was just basically a smoke alann that was directly wired, and even though they discolUICCled it and took the battery out. it was still going on. 8 . She thanked Council for allowing her to attend the conferences and for their patience with her. Mayor Burns asked if there was a cost associated with the 26"'. Ms. Nabholz said yes. it would be $25 .00 per person. Mayor Burns said he has been asked by RID to be active in that and meet with Gordon Linton He is going to tour tl1e light rail line. he added. so he will be in Englewood somcttmc that day. Ms. Nabholz said she had requested to get that day off. as she is very interested in it. 13 . City Manager's Repon (a) Dcpanmcnt. City Manager Sears said he would pass on Ms. Nabholz ' commems to the Fire (b) Mr. Sears apologized. He said. unfonunately we received this on July 13 "' from Ilic Governor's office and nobody knew it was coming. He said he asked all the depanmems to give him some ideas. because many corporations were also contacted. He said he got a call from Swedish and tlicy have a nwnbcr of volunteers that are ready to go do something. so they are going to go do this on tllis Saturday with Dave Lee from our Parts Dcpanment, do some clean-up types of tllings. Mr . Sears said we will let the G<n•ernor's office know. Council Member Nabholz asked if a proclamation would work . Council Member Bradshaw said we do not have any time left . but we could retroactively pass it . Mr. Sears said we will facilitate this and he will ask for more notice next year so we can work through Ilic communil)'. Council Member Nabholz said there arc cub scout troops that need to earn their community service badge that this would be wonderful for . Mr. Sears said tl1ere was no word on this from CML. Council Member Grazulis said tl1erc was sometlling at CML. but it was with Ilic youth thing. and they passed out posters to us. It was kind of generalized. she said, but a lot of churcl1CS have jumped on this and they are helping out people within their congregation. elderly people especially. Mr. Sears said he has asked tlie dcpanmcnts to give him some ideas of things they could do for this weekend. He asked. if tliey hear of other groups in the community. that they let him know. * •• * * Mayor Burns said the Metro Mayors' Caucus meets this Friday, and Cal Marsella will be there to repon on their lalest statisaics on their Southeast Corridor bond issue, which is already getting various kinds of press. Also, there is a rcpon on suppon for the DR COG 2020 Plan gerierally . ., ', I • 0 • • / Englewood City Council July 19 . 1999 Page 18 • .. • - ' ••• *. Mayor Burns said he needs to have a din:ct meeting with RTD about the parking situation at Oxford, because they arc not Clllcl1aining thal righl now . He said he talked to one of their board members the other day and they do noc think that is on their agenda. Mayor Bums said he is very concerned about it . and he was invited to approach Gordon Linton. the FT A Administrator, when he comes in next Monday to talk about any other granl programs at FT A thal we might try . He said he spoke to Director Simpson about that Friday. also . Council Member Waggoner said he knows we un-entenained their light rail stop at Oxford . Council Member Bradshaw said because it is in Sheridan. Council Member Habenicht said she thinks we need to look .. tbal . *. * *. Mayor Burns said then: is also a Tri-Cities meeting scheduled for 2 :00 p.m .. but he was uncertain of the date. City Manager Scars said he has asked Director Simpson to coordinate that , and they will gi\'e Council a call. because he was also uncenain of the date and time . Mayor Bwns said he was not certain who was on it last. He said he has gone to a lot of these meetings. although he was nc\'cr on the commincc . but just interested . Council Member Habenicht referring to a correspondence that she had received. said we arc the onl y three that they have not received a response from . Council Member Bradshaw asked who the three were . Ms . Habenicht said herself. Mayor Burns and City Manager Sears . Ms. Habenicht said the meeting is al 2:00 p.m. on the 28"' and she would be able to make it. Council Member Bradshaw said she could not make it. City Manager Sears said let's see ifwe can reschedule . He apologiud and said they wouJd get back to Council on that. Ms. Bradshaw said she thought that was when we were going to focus on the Platte River corridor. Oxford and all those issues. Council Member Nabholz said same thing with the Swedish Task Force. but I guess you have been meeting. Mr. Sears said we have not met. • * ••• Council Member Garrett said the City of Englewood's golf team was victorious today at the Greater Englewood Chamber of Commerce Tournament . • •••• Council Member Grazulis said a person complained to her thal they were trying to get a license plate number off of a car thal was speeding and it had neon around the license plate with the license plate light turned off, so it was unreadable . They were wondering what kind of an ordinance we have on thal . Division Chief Moore said it has to be readable. He asked if she knows who the person was . She said no , but it was complained about but not addressed . Mayor Burns said thal is a State law . Di\'ision Chief Moore agreed, and said he would talk funher with Ms. Grazulis about it. • ., ', I • 0 . ]-/ Englewood City C.ouncil July 19. 1999 Page 19 14. City Attoney'1 Rq,ort City Attomc:y Brotzman had no maners lo discuss . 15 . Adjour,mmt ,. --• • . , .. MAYOR BURNS MOVED TO ADJOURN. The mcet.ing was adjourned al 9 :00 p.m. • .. ' ' .. . ' . I . 0 32X 1. )·. .. " --·· • . , • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 19, 1999 7 :30 P.M . Call to order. 7 :3</ p,rn 2. Invocation . ))~ 3. Pledge of Allegiance . /;l,l/l/lt,o 4. Roll Call. / ~ .. ~ 5 Minutes. ~ 1 :o a M;nutes from the Regula, c;1y Coundl meoting of July 6, 1909. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) /a. Fire Division Chief Kieth Lockwood will be present to recognize the efforts of Lt. Kent Davies, Lt . Mike Pattarozzi, and Battalion Chief Kraig Stovall for the ir special programming efforts. Non-Schiwuled Visitors. (Please lim~t yoy~ presentation to five minutes.) • r /f)v.y 15e~n JLV 51:.err/ff Ht)q6t!_ 1 ~ ~ Communications, Preclamations, and Appointments . 7 . ~Wo ~ Memorandum from Bervette Williams, Chair of the Englewood Public Library JtPJ:,.a,., 0 Board, requesting that Council declare a vacancy on the Board. ' q, • ' . " • .. • ' . I . 0 • • .. • 1· . , •, . • - ... Englewood City Council Agenda July 19, 1999 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 43 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance amending the Englewood Municipal -1 Code pertaining to High Occupancy Vehic le (HOV) Lanes Vio lations . STAFF SOURCE: Division Chief Robert Moore. b . Approval of Ordinances on Second Reading . "'.:~aJ!'!J~. Coun.cil Bill No . 16, repealing .Title 7-4 of the Englewood Mun icipa l Code °":".fij;f'\ W I pertaining to burglary prevention . ~ V {11)~0}.J i. Council Bill No. 32, approving a Quit Claim Deed f rom Arapahoe County for a JU"' -1 '<) City Ditch gate adjacent to 3596 S. Bannock St ree t. 113i .. tfll· Ill . Council Bill No . 37 , chang ing Secti on 12-18-10 oi th e Englewccd Mun ic ipa l Code pertain ing to fire hydrant connecti on . ~"11iv. Council Bill No . 44. approving an Inte rgove rnme ntal Agree m e nt wi th Arapahoe County for coordinated electi on services . Waggoner -mollon to approve wlh the f~ng ~: 1.Page2.~4. line 3, ,_ .. the word "with". 2. Page 2. ~ 9, linll3 .-the --condition and the, add the word "OI'. 3. Page 3, line 1, ($8,2000) cta,ged to ($15 ,200). 4. Adding I deftniion of I Sculplin Garden . 7-0 Resolutions and Motions . a.Ja.,~ ~ JO(; ,· i. Recommendation from the Department of Parks and Rec reation to adopt a resolution approving an agreement between the City and the Soc iety for Preservation of Humanity to provide art in pub li c places . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Gary Hultberg, Recreation Manager. v.~< Q~! ~i id-''' fl 11·1 Recommendation from the Department of Ne ighborhood and Bus iness Development to adopt a resolution authorizing the application for funding assistance from the Economic Development Admin istration . STAFF SOURCE: Art Scibelll, Business Development Coordinator, and Darren Hollingsworth, Business Development Specialist. '°e,1 , ,oe. i" "7,0 iii. k:f 1& Recommendation from the Department of Pub lic Works to adopt a resolution authorizing the filing of an application for DRCOG 2001-2006 Transportation Improvement Program funding . STAFF SOURCE: Ken Ross, Director of Public Works. iv. Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to approve, by motion, Technical Assistance for the Plant's Discharge Permit Renewal. Staff recommends approval of a contract with Carollo Engineers in the amount of $65 ,300 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Charles J. Caudill, Process Development Analyst. PleaM note: If you have a disability and need auxlllary aids or services, please notify the City of Englewood (303·762·2405) at least 48 hours In advance of when Mrvlces are needed. Thank you • • ... I . 0 - .. --• . .. .. _ ...... • .. Englewood City Council Agenda July 19, 1999 Pqe3 11. Regular Agenda . a . Approval of Ordinances on First Reading . b . Approval of Ordinances on Second Reading. ~J,_iii. Council Bill No. 40, adopting the City of Englewood Nonemergency Retirement Plan Document (the Plan). Council Bill No . 45, transferring certain Mclellan Reservoir property to the Englewood Mclellan Reservoir Foundation. Council Bill No. 46, approving the first amendment to the Regional Transportation District Intergovernmental Agreement. c. Resolutions and Motions. Recommendation from the Department of Public Works to adopt a resolution supporting the E:iglewood Environmental Foundation 's selection of CalCon Constructors as the General Contractor for the remodel construction of Englewood Civic Center. STAFF SOURCE: Rick Kahm, Board Member, Englewood Environmental Foundation. Recommendation from the Human Resources Department to approve , by motion, the appointment of an arbitrator to conduct hearings in the matter of the impasse between the City of Englewcod and the E:iglewood Police Benefit Association . STAFF SOURCE: Sue Eaton, Director of Human Resources. 12. General Discussion . a. Mayor's Choice . b . Council Members' Choice . 13. City Manager's Report. a . CityCenter Englewood Update . 14. City Attorney's Report. Adjournment. 1 ! ,:JO f'1'17 ' .. PINN nota: It you have I dlaabillty and need auxlllary aids or wvtc:N. pleae notify the City of Englewood (303-712-2405) at leal 41 hour8 In advance ot when NrVk:N .. wded. Thank you. ' . ,. .,, ·• I . 0 32X - • • ~ -• .. ;,; ../ ......... • • .. Englewood City Council Agenda July 19, 1999 Page4 The following minutes were transmitted to City Council between 7/2/99-7/15/99: • Englewood Firefighters Pension Board meeting of January 14, 1999 • Englewood Firefighters Pension Board telephone poll of January 21, 1999 • Englewood Non-Emergency Pension Board meeting of April 13, 1999 • Englewood Firefighters Pension Board meeting of April 15, 1999 • Englewood Liquor Licensing Authority meeting of May 5, 1999 • Englewood Firefighters Pension Board Special Meeting of May 13 . 1999 • Englewood Liquor Licensing Telephone Poll of May 19, 1999 • Englewood Firefighters Pension Board Special Meeting of May 20 , 1999 • Englewood Housing Authority meeting of May 26, 1999 • Englewood Non-Emergency Pension Board meeting of May 27 , 1999 • Englewood Cultural Arts Commission meeting of June 2, 1999 • Englewood Clean, Green and Proud Commission meeting of June 8, 1999 • Englewood Public Library Board meeting of June 8, 1999 • Englewood Parks and Recreation Commission meeting of June 10, 1999 • Englewood Firefighters Pension Board Special Meeting of June 15 , 1999 • Englewood Cultural Arts Commission meeting of June 16, 1999 • Englewood Planning and Zoning Commission meeting of June 22. , 999 .. .. ' .. PINN nola: I you..,. a dlubllty and need auxllary alda or wv1ces, plNN notify Iha City of Englewood ~?a-l4GI) ati..t ... haura In ...... of ........... IINded. Thatk you. • ,. . ., I· 0 .] • • • 1. Call to Onler .. ~ ,,- • I• • ... .. • • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sasioa July 6, 1999 . . The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :56 p.m. 2. lllvocadN The inwcalioa was given by Council Member Nabbolz. 3 . Pled&e fll Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Absent : Council Members Nabholz, Gra;:wis. Garrett. Bradshaw, Habcni c hL Waggoner, Bums None A quorum was praent. S. Miauta Also praen1: City Manager Scars City Aaomey Brotzman City Clerlt Ellis Fire Marsbal1 Greene Dircaor Gryglewicz, Financial Services Assistanl City Manager Flaherty Engineering Manager Kabm Director Simpson, Neighborhood and Business Devclopmeor Direaor Ross. Public Worts (a) COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1999. Sa Ayes : Council Members Garrett. Bradshaw, Habenicht Waggoner. Grazulis. Burns Nays : None Abstain: Council Member Nabbolz Motion carried. 6. Sclledllled Vlliton (a) Joe DcBcncdittis, scbcduled to admss City Council regarding Municipal Court proccdmcs that place adverse information against individuals without a proper hearing, was not present 7 . Noa-1ebeduled Viliton (a) Ron Gold. 2812 South Bannock, SlalCd be has lived and worked in Englewood since 1976. He DOCcd that be spoke to some members of Council about some of this already. He said be would ., ~ • . I • 0 • • • Englewood City Council July 6, 1999 Page 2 . . ~- • • - like to speak to Council. and others present about Englewood 's la" s. or lack of laws. regarding gun control. ll1e weapons that killed I 5 people al Colwnbine High School are all illegal in Den\'er. 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 does not have any laws like this. Denver has laws regarding gun locks and safe storage of weapons. Englewood does 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 stated that there would be nothing forbiddin g any store selling guns. to sell assault weapons in Englewood. Mr. Gold said that Mr. Olson also stated tha t. a nwnber of times. he has seized assault weapons from criminals. from felons. in Englewood . Mr. Gold noccd thal he has been in some Englewood busi~ where there ha\'e bee n dozens of weapons. rifles and other guns. unlocked and accessible to anybody without any store personal. for ten or fifteen minutes. C\'e n in sight. 'These are acti\'C places selling guns today. Personally. he said. he knew two parents who had children at Columbine and wc 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 si x years and they have ceruinly held up well in coun. he ad\iscd. He said he secs no rcaso!l whatsoever. why Englewood canno1 follow the examples of other cities. of other tO\\TIS and sho" that "e care and do something regarding this danger. Mayor Burns advised that they had on Council's Study Session Agenda a co mparison betwee n Dcm·er's weapons control laws and Englewood's. but they just did not get to it toni ght So . he stated. wc arc addressing that issue and he thanked Mr. Gold for coming. 8. Communications. Proclamations and Appointment, (a) A letter from Theodore W. Sell indicating his resignati o n from the Code Enforccmeni Ad\~sory Committee 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 COMMITTEE AND KEEP ENGLEWOOD BEAUTIFUL Ayes: Nays: Motion cmied. Council Members Nabholz. Garrett Bradshaw, Habenicht Waggoner. Grazulis. Burns None MAYOR BURNS PULLED ITEM 8 (r) FROM THE AGENDA. (A RESOLUTION RECOMMENDING THE APPOINTMENT OF EDWIN SANBOR. "1 TO THE HOUS ING AUTHORJTY FOR THE CITY OF ENGLEWOOD. COLORADO.) Mayor Bums advised that the change in the law regarding Housing Authorities provides that the Mayor appoints or there is a separate body appointed by the Council to appoinl members of the Housing Authori ty Board. Mayor Burns said he understands the previous recommendation by C ity Council is not in the law anymore, plus wc are appointing a Council member to a new position tonight so he thought it was appropriale to not have that resolution there, because it is not legally required anymore. He stated Mr. Sanborn has appeared before the Council and the Housing Authoril),· Board and is acceptable to both. Mayor Bums stated he has signed a letter appointing him to the Housing Authority Board. so he thought we did not need to have him on this list . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) 111ROUGH (u) EXCLUDING 8 (r). Motion carried. Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht , Waggoner, Grazulis. Bums Nays : None • I • 0 J • • • • -• • • Englewood City Council July 6, 1999 Pagel (b) RESOLUTION NO. 55 , SERIES OF 1999 • 4 ... A RESOLUTION APPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. Mayor Bums presented a cenificate and City pin to Mr. Benoluzzi. (c) RESOLUTION NO . 56. SERIES OF 1999 A RESOLUTION APPOINTING ERIC BERTOLUZZI TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a ccnificatc and City pin to Mr. Benoluzzi. Mayor Bums noted that Mr. Bcnoluzzi is a long standing member of the Colorado Symphony Orchestra and they think he will be a very valuable member of this Commission and Board. (d) RESOLUTION NO. 57 . SERIES OF 1999 A RESOLUTION APPOINTING JILL CARLSTON TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a ccnificatc and City pin to Ms. Carlston. (e) RESOLUTION NO . 58. SERIES OF 1999 A RESOLUTION APPOINTING JILL CARLSTON TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a cenificate and City pin to Ms. Carlston. (I) RESOLUTION NO. 59. SERIES OF 1999 ' A RESOLUTION APPOINTING JILL CARLSTON TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a certificate and City pin to Ms. Carlston. Mayor Bums noted that Ms. Carlston has agreed to sen1e on all three and he asked for a round of applause. (g) RESOLUTION NO. 60. SERIES OF 1999 A RESOLUTION APPOINTING BILL CURNOW TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO . 61 , SERIES OF 1999 A RESOLUTION APPOINTING ABDI DULANE TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (i) RESOLUTION NO. 62, SERIES OF 1999 A RESOLUTION APPOINTING GERALD GARTNER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . ' ..; .. • I • 0 • • • Englewood City Council July 6, 1999 Page4 ¥·_.,., . '' ' . (j) RESOLUTION NO . 63 . SERIES OF 1999 .. • .. • - ' A RESOLUTION APPOINTING AUSTIN GOMES TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD. COLORADO. (k) RESOLUTION NO . 64. SERIES OF 1999 A RESOLUTION APPOINTING BRIAN HAMBLETON TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD . COLORADO. (I) RESOLUTION NO . 65. SERIES OF 1999 A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS A YOUTH LIAISON TO THE CUL TIJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums noted that Mr. Heberling is a student and has been really wonderful as a youth liaison and he is also on the Public Library Board. He said he thought we owe a special debt of gratitude to him. because both of those are reappointments . (m) RESOLUTION NO . 66 , SERIES OF 1999 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. HEWITT TO THE MALLEY CENTER TRUST RJND 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 At.rrnORITY FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a certificate and City pin to Ms . Martinez. (q) RESOLlJTION NO . 70, SERIES OF 1999 A RESOLUTION APPOINTING CHRISTOPHER RANSICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (r) lllis resolution was pulled. See page 2. (s) 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 City pin to Mr. Tomasso . • • I ) I· 0 '..]- • • • -,,-- Englewood City Council July 6, 1999 Page5 .. ·~ (t) RESOLUTION NO. 72. SERIES OF 1999 • • - .. ' A RESOLUTION REAPPOINTING CLIFFORD M. WEINBERGER TO THE DOWNTOWN DEVELOPMENT AlmiORITY FOR THE CITY OF ENGLEWOOD. COLORADO. (u) RESOLUTION NO. 73. SERIES OF 1999 A RESOLUTION REAPPOINTING OLGA WOLOSYN TO THE CUL TL'RAL ARTS COMMJSSION FOR THE CITY OF ENGLEWOOD. COLORADO. Mayor Burns presented a cenilicate and Cit)' pin 10 Ms. Wolosyn . Mayor Bums expressed. on behalf of Council. their special appreciation of all our citizens who sel"\·e on our boards and commissions. 1llCSC boards and conunissions could not function without the participauon of our citizens and we have a lot of loyal people who serve and they lend an awful lot 10 our commurtity He asked for a round of applause for all of them. Council Member Grazulis suggested that if Mr. Sanborn was present he should be recognized. Mayor Burns agreed and had Mr. Sanborn come forward . He introduced Mr. Sanborn and explamed that by Statute he appointed him to the Englewood Housing Authority . Mayor Burns noted it is the first ume m the history of the Housing Authority thal we ha,·c a tenant serving on the Board. He advised tlus was IIWldatcd by Federal law recently and we are creating a different position for the member of Ci!)· Council Instead 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 Authonl) matters that come before the Ci!)· Council without being conflicted out It works bener for the City Council. Ma~ or Burns stated they ha,·e the special pleasure of having Mr. Sanborn join the Housing Authority Board. He is the CWTCllt President of the Simon Center Tenant Council. Mayor Bums thanked l\.1r. Sanbom Mayor Bums noted Mr. Sanborn will receive a letter instead of a cenificate. 9. Public Hearin& No public hearing was scheduled before Council. 10 . Consent Agenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i). (ii) ud (iii) ON FIRST READVOiG . (i) COUNCIL BILL NO. 44, INI"RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND TIIROUGH 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. INI"RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 18, SECTION 10. OF THE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO FIRE HYDRANTS . • • ... I • 0 - • • -• Englewood City C1M1ncil July 6, 1999 Page6 . ·, .. ~ ,,.-- • • -' (iii) COUNClL BILL NO. 32 . INfRODUCED BY COUNCIL ~tEMBER BRADSHAW ... A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GR.ANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY. Vote results: Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw. HabenichL Waggoner. Grazulis. Bums Nays : None (b) Approval of Ordinances on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) and (ii) ON SECOND READING. (i) ORDINANCE NO. 34 . SER1ES OF 1999 (COUNCIL BILL NO . 41. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE VACATION OF THE NORTH 16 FEET OF RJGHT-OF-WA Y LOCATED ON WEST JEFFERSON A VENUE BETWEEN SOUTH BANNOCK/SOUTH CHEROKEE ALLEY AND SOUTH CHEROKEE STREET BY THE CITY OF ENGLEWOOD, COLORADO. (ii) ORDlNANCE NO. 35 . SER1ES OF 1999 (COUNCIL BILL NO . 4 2. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDlNANCE AMENDlNG TITLE 6. CHAPTER I, SECTIONS 11 AND 12 . OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAJNlNG TO WOODSTOVES . V otc results: Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw. HaberuchL 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 ST A YBRJDGE SUITES. (ii) CONTRACT WITH THOUTT BROTHERS CONCRETE CONTRACTORS. INC. FOR CONCRETE UTILITY 1999 lN THE AMOUNT OF $398.242.50. Vote results: Ayes : Nays: Motion carried. 11. Rqular Aeenda Council Members Nabholz. Garrett, Bradshaw, HabcnichL Waggoner. Grazulis. Bums None .. . I • 0 - • • • Englewood City Council July 6, 1999 Page 7 '· .. ~ _ _,,_. ... • • - (a) Approval of Ordinances on Finl Reading .. .. (i) Fire Marshall Grccnc presemed a recommendation from the Depanment of Safety Services/Fire Marshal to adopt a bill for an ordinance repealing Title 7. Chapter 4 of the Englewood Municipal Code pcnaining to burgla,y prevention. He advised they were charged "ith going back through the Municipal Code when they were getting ready to do the reformatting and looking at some of the articles Iha! were in then:. Mr. Greene said this one caught his eye. the best he can figure ou1 is Iha! this one was originally wrincn in 1973 . In looking at specific parts of this Code he noted Iha! a 101 of ii goes back 10 the 1953 Building Code from Denver. which Englewood adopted up W1til the la!e sixties or early seventies. As you look down through this. he noted. that iftlie business 0\\1ler was to comply \\ith wha1 is in this ordinance. then when the Fire Depanmcnt comes in for their annual inspection. they could actually be cited for complying with this. because they conflict with each other. So. he said. he is looking a1 removing this because most of the items in here concerning doors and barring of the doors and all of Iha! is already covered in the Building Code and helped to be maintairied by the Fire Code. He said he looks al this as kind of like ... can we at lcasl update this and make it more user friendly for the business o"ncr so he doesn't have to compl)' \\ilh two sets of rules and get in uouble with each one. Also. when they talked about some of the exiting issues in here. one of them was using a door 10 exit onto a roof. Well he noted. common sense kind of says ... isn't Iha! going the wrong direction. aren't you suppose to exit from the roof. into the building and out the building? So be is looking at this as being somewhat of an antiquated ordinance that was in then: and they would like to bring it current to what we are using today Mr Greene said be was open for questions. In response to Ma)or Burns. City Anomey Brotzman said it looks good. Council Member Waggoner asked if there is a conflict between the Fire Code and tl1e Building Code Fire Marshal Greene said actually no. the two have been correlated since probabl y the I 988 Code They arc done by an outside company. they arc done by an International Conference of Building Offic ials oul of California Thal is where we buy our Code books from that we bring to CoW1c i l to be adop1cd. So. Council Member Waggoner said. those two are compatible and it is just the Municipal Code thal is not . Mr. Greene said that is correct. Mayor Burns noted the ICBO is often changed a little biL tweaked. by the local municipali1y . Fire Marshal Greene confirmed that it is and noted they will probably be bringing the 1997 Edition 10 Council m the near future. 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. Motion carried. Ayes: Council Members Nabholz, Garrett Bradshaw, Habenicht, Waggoner. Grazulis. Burns Nays: Nooe (ii) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt a biU for an ordinance adopting the City of Englewood NonEmergency Retirement Plan Document (the Plan). He advised Iha! this ordinance was actually read on first reading on June 21•, but our outside aaomcy. Martin Semple. had reviewed it and made suggestions to amend ii and Iha! is why this is going on first reading again tonight The City :Clerk read tbc Council Bill by title : .. • I ) I • 0 . ]- • • -• Englewood City Council July 6, 1999 Page8 ·~ .. " ,,... . • • - COUNCIL BILL NO. 40. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TmE 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 MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO . .W, ON FIRST READING. Moiion carried. Ayes : Council Members Nabholz. Garren. Bradshaw. Habenicht Waggoner, Grazulis, Bums Nays : None .. (iii) Assistant City Manager Flaheny presented a recommendation from the Cit)· Manager's Office to adopt a bill for an ordinance approving the first amendment to the Regional Transportation District Intergovernmental Agreement. He noted that a year from tomorrow. Englewood Station will be opening for service and tonight we are considering an amendment to the Intergovernmental Agreement. All we have to do . he said. is approve this agreement and prepare the improvements by May I" of the year 2000 . The amendment to the IGA includes an increase of the parking spaces by 240. from 670 to 910. It includes the new enhanced pedestrian bridge and an option by RTD for 500 additional spaces. based on their request for those spaces by December 31" of 2003 . 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 situalion . The City would only panicipalC in the funding of those parking spaces in the event that a new parking 5IUdy for the Cityu:ntcr project indicated that the City needed additional shared parking. Mr. F1ahcny advised thal our current parking plan shows that the onsite parking will accommodate the needs of CityCcntcr. Last. but noc least. be said. then: is a $3 million difference between the original funding and the IGA of 1997 . The current amcndmcm raises it from $2.7 million to $5 .7 million. The City Clerk read the Council Bill b)' title : COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING THE "AMENDMENT" TO THE INTI:RGOVERNMENT AL AGREEMEJ\IT WITH THE REGIONAL TRANSPORTATION DISTRJCT FOR THE CONSTRUCTION AND FUNDING OF THE TRANSIT FACILITIES AND PARKlNG SPACES AT CITYCENTI:R ENGLEWOOD. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iu) -COUNCIL BILL NO. 46, ON FIRST READING. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht . Waggoner, Grazulis. Bums Nays: None Motion carried. (iv) Engineering Manager Kalun presented a recommendation from the Dcpanment of Public Works to adopl a bill for an ordinance transferring cenain Mclellan Reservoir propeny to the Englewood Mclellan Reservoir Foundation. He nolcd he is the Engineering Manager and he is also on the Board of Directors for the Englewood McLcllan Reservoir Foundation. On May 3. 1999 Council authorized the creation of the Englewood Mclellan Reservoir Foundation, he said. Thal corporation is now in place and Slaff now recommends tbal Council approve a bill for an ordinance transferring a ponion of the City controlled McLcllan Reservoir propeny to the Foundation. Mr. Kalun asked thal it be noted thal the only propeny they are referring to is the property south of County Linc Road. Our Slaff has reviewed the legal descriptions of the attacbcd parcels. They checked parcels one through five against the Douglas County records. as well as the Colorado Department of Transportation records and they believe • • I I • 0 • • Englewood City Council July 6, 1999 Page9 " /" . • • - .. ' !hey are accurate. He stated that this transfer will consolidate the property under the protective umbrella of lhe independent Foundation and continue the progress toward optimizing potential development of the sne. Mayor Bums asked if this includes the area around the Highlands Ranch interchange and also the forty acres in the middle of lhe business pa,t. Mr. KaJun stated it does and noted that in their packet there arc five parcels and a drawing with each one. Council Member Waggoner said everything south of County Line Road . Mr. KaJun said that is correct and that is approximately 165 acres. The City Cleric read lhe Council Bill by title : COUNCIL BILL NO. 45 . INTRODUCED BY COUNClL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTIIORIZING TiiE TRANSFER OF PROPERTY FROM TiiE CITY OF ENGLEWOOD. COLORADO TO TIIE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (h·) -COUNCIL BILL NO. 45, ON FIRST READING. Motion carried. (b) Ayes: Council Members Nabholz. Garrett Bradshaw. Habenicht Waggoner. Grazulis. Bums Nays : None Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda.) (c) Resolutions and Motions (i) Director Grygle\\icz presented a 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. He advised that this is a transfer of funds from the General Fund in the amowu of $7 .614.000. and from lhe Public Improvement Fund in the amount of $1,896,000. to the Capital Projects Fund. Mr. Gryglewicz explained that $1.000.000 "ill be used for the Kiewit Property acquisition. $2,000.000 for the Civic Center Project. $1.000.000 for the Y2K Project $700.000 for the Girard right-of-way acquisition and $4.8 IO .OOO for the CityCentcr Englewood Project. The resolution was assigned a number and read by title: RESOLUTION NO. 74, SERIES OF 1999 A RESOLUTION TRANSFERRING FUNDS FROM TIIE GENERAL AND PUBLIC IMPROVEMENT FUNDS TO TIIE CAPITAL PROJECTS FUND. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 74, SERIES OF lffl. Mayor Bums said he had a question. He noticed one of the items in the PlF Fund is the Santa Fe Landscaping Project . He said he was not sure what pan of Sallla Fe that is. but be would be interested in reimbursing this fund out of developer's funds as soon as possible so we could continue with that Mayor Bums asked if that was what be kept bringing up about the inlerdlange. if that was lhe signal for the interchange. Engineering Manager Kalun said yes. · . ) I • 0 -------------~----------------------. .. ~~--- - • • -• Englewood Cily Council July 6, 1999 Page 10 .. ... ,,-·· • .. • - .. City Manager Sears advised that we have wanlcd 10 take a look at keeping the project moving and take a look al every source we could come up with. He explained that we feel the immediate timi ng of doing that was not critical as opposed 10 where we need to go. But. he said, we are committed to doing those Sama Fe improvements because they will fit nght in to what the plan is. just as soon as we can move ahead. Mr. Sears advised that with the development agreement we 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 S 1 million. He noted that seems like a lot of money. City Manager Sears noted that the head of our Y2K effon is right here and we have really not had an opponunity to really go through the workshop since our retreat. in terms of where we are al He asked Director Gryglewicz to address this. Director Gryglcwicz stated that that is currently just an estimate and he will gi ve Council a bener breakdown when more of the funds are known . Currently, we ha,·e one consultant on board he lping us do our testing and gening Ilic cffon mo,i ng forward. The other big portion of that money . he said. is proba bl y going to be a new traffic signal system, that will be installed before the end of the year. He said th~· think that will be up to $350,000. Mr. Gryglewicz advised that we will be back to Council with that proposal . Council Member Waggoner asked if that thing is date related. Mr. Gry glewicz said yes and not only that but ii has a nwnber of other issues with the finn . They have had financial problems and the focus of their business has shifted from traffic signalization 10 doing billboards and screens for stadiums. So th~· are getting away from that and it is getting increasingly difficult 10 get suppon from them. he said. D irector Gryglewicz noted that this is the right 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. that is a big portion of that from $350 .000 10 $400,000. He stated he would give Council a better breakdown of that Council Member Habenicht asked ifhe will have to come back to Council for the moricy to be a uthorized or if they are prcauthorizing il Director Gryglcwicz said it would be preauthorized. 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 baffic signalization and there are 45 lo SO PC's in the City that will be replaced. And now we arc testing the software. so there may be some cost then:. He explained that if it comes in Wider what is budgeted here. that money will just go back to the fund balance for other years. So . Council Member Habenicht said. we are. in essence. appropriating this program even though we do not know what it is. Director Gryglcwicz said not fully . But. Mayor Burns said. you will come back to Council with a more definitive explanation later. Mr. Gryglewicz said yes, absolutely. On the 19"' of this month. he said. he will be corning back and giving Council an update at Study Session. So. Mayor Bums said. the funds are not all commined irrevocably. we are just transferring funds over at this point. Director Gryglcwicz stated they are not commilted and especially on the traffic signal. we \\i ll be corning back to Council to discuss that particular issue, because of the magnitude of the cost and the implementation of that. Vote results: Motion carried . Ayes: Nays : Council Members Nabholz. Garrett Bradshaw. Habenicht . Waggoner. Grazulis. Bums None (ii) Director Gryglewicz presented a recommendation from the Dcpanmcnt of Financial Services to adopt a resolution approving the transfer of funds from the Water FWld to the Englewood/McLcllan Reservoir Foundation. He stated thal he is not only the Director of Financial Services, but he is also a Board member. He explained thal this is a transfer from retained earnings in the Water Fund of SI 00,000 to the newly fonncd Englcwood/McLcllan Reservoir Foundation. CWTCllll y, he advised. there is DOI a budget and he will come back to Council when expenditures are known. but what we .. ... I • 0 • • Englewood Cit~· Council July 6, 1999 Page II . ' • ,,,..-. • • - .. ' ... anticipate now are insurance costs. anomcys fees for fonning the foundation and consultant fees . So that is all we are looking at right now. he said. and \\C "ill give Council an update on that. So, Mayor Bums said. this is just an irullal fund "luch \\ill be defined later. Director Gryglenicz said yes. 1l1e resolution was assigned a nwnber and read b~ title" 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. 75, SERIES OF 1999. Motion carried. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht Waggoner. Grazulis. Burns Nays: None (iii) Director Simpson presented a recommendation from Ilic Eng lc"ood/lvkLcllan Reservoir Foundation to adopt a resolution supporting Ilic imposition of the Rcstric11vc Use Agreement on the Englewood/Mclellan Reservoir Foundation property. Mr. Simpson advised that he 1s the Director of Neighborhood and Business Development and also a Board Member and Secretary for Ilic Englewood/Mclellan Reservoir Foundation. He advised that this is focused on approximately 100 acres of a 500 acre development parcel and it has been reviewed by the Foundatjon's consultants. as well as Shea Homes. Mr. Simpson e"i>lained that what this use agreement does. first and foremost . is protect our water quality in the Mclellan Resen•oir. but it provides for higher long tenn valuation and income streams for the property's development over the nc"1 period of years. He said that staff is urging Council's suppon for this resolution . Mayor Burns asked if this is a protective process. primarily. Director Simpson said yes. He advised that what is currently in place is light industrial land use on the propeny and what tllis land use reslliction is doing is raising the standards for tl1e property to a higher level. What we arc seeking is to kind of begin to create an office park environment. similar to Meridian Office Park. he said. That is tl1e kind of qualit:· development you are going to be seeing occur at this location . Council Member Haberucht said tl1e limitatjon of the property tl1at we are talking about here ... tllis is not the area that is adjacent to the reservoir that we are lookjng at? Director Simpson said no. He advised this goes over the entire property. it includes Shea properties and our property. but these restrictive covenants 1'-ill remain in place. He stated that we will make sure the water quality and the ecosystems that are surroWlding that reservoir are maintained. because we own that . Council Member Haberucht said she just wanted to double check ... when we were at our budget mecung and we went over the resolution and talked about also ha\ ing a priority being the quality of life and recreational ... that that does apply to this property? Because. she not.ed, it is not stated here. Mr. Simpson explained that it is not a recreational reservoir. it is primarily there for Englewood's water. Ms. Habenjcht said she widerslands that. but we also talked about the ... (she asked for help with the issues). Ci~· Manager Sears advised there were five issues that were listed out in tenllS of where our prioriues were ... protecuon of the reservoir was number one and the ecosystem. maintaining the ecosystem. the revenue return ... there were like five issues there. Mr. Simpson explained those goals are listed on the resolutio1L that they are noted as protecting the quality of Englewood's stored water. protecting the ecosystem that has developed since access has been restricted. maintaining tbe quality of the Hjghline Canal recreational facilities and the wetlands that exist belwcen County Line Road and C470, developing the land south ofC470 in a manner thal minimizes 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 a pan . And finally . he said. in order of priority. establish and .. . . I • 0 • • • Englewood City Council July 6, 1999 Page 12 ·,· .. .. ,. .--·· • • • ma.umize a future long-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 there that was not so much enhancing the quality of the neighborhood. of which it is a pan. but also enhancing the quality of life of Englewood citizens and she does not see that hen:. City Attorney Brotzman advised that underlying all of this. what ~· did first was approve the resolution transferring the property to the Foundation and if you go into the Whereas'. on page one. the last W11 en:as addresses that issue . It is one of the goals of the Foundation. He stated the Whereas' on the transfer of property are actually the goals of the Foundation. Council Member Habenicht said oka~. The resolution was assigned a nwnber and read by title : RESOLITTION NO. 76. SERJES OF 1999 A RESOLITTION SUPPORTING THE ENGLEWOOD/MCLELLAN RESERVO[R FOUNDATION'S DEVELOPMENT OF THE FOUNDATION'S PROPERTY CONSISTENT WITII THE APPROVED DEVELOPMENT PLAN AND THE ADJACENT PROPERTY THE RESTRJCTIVE 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. Habenic ht. Waggoner. Grazulis. Bums Nays : None Motion carried. 12 . Geaeral DiKauioll (a ) Mayor's Choice (i) Mayor Bums said we had a great -'"' of July celebration and he wanted to thank Chris Olson and all the police and fire for all their panicipation and coordination of this event He noted it was bigger and better than ever and it was a great time. even though Nancy Peterson did put a pie in his face . They did a great job. he noted. and they are really to be commended. He said a lot of people had a lot 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 . at the City Hall in Littleton and 9 :00 a .m . down at Blake Street. (iii) Mayor Bums said his last Housing Authority meeting was Wednesday and he noted. for their information. they had audited financial statements. 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 intergovenunental agreement between the City and the Housing Authority. so it 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 THE FIRST EX OFFICIO CITY COUNCIL REPRESENTATIVE TO THE ENGLEWOOD HOUSING AUTHORITY. Ayes: Nays: Council Members Nabholz, Gam:tt Bradshaw. Habenicht. Waggoner. Grazulis. Bums None • .. ) I • 0 • Englewood Cily Council July 6, 1999 Page 1l Motion carried. ,,,-. • • - • ... ' ... (iv) Mayor Bums advised that we received a call from Teri Lyn Dio1L the Chainnan of the Board of the Englewood Chamber. and the JO"' Annual G..'Orge Allen Golf Tournament is going to be played by tbe Chamber on Monday. July 19"'. a1 Red Rocks Countty Club and they have asked us to fund a couple of participants, as we normally do. He said the cost is S 125 per golfer and you get lunch and an awards ceremony and so fonh. A major sponsor is $600. which gives you a sponsorship banner. a mention in the newsletler and thal son oftbing. whatever tbe Chamber wants to do. He said he played in this last year and he was IIOI sure. bul he asked if we had a foursome last year. Council Member Bradshaw said she thoughl we had a foursome. Mayor Bums agreed and DOied Ibey 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 lunches for that too. Council Member Habenicht said she thought they should do a foursome. ratber tban 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 fflE JOru ANNUAL GEORGE ALLEN GOLF TOURNAMENT. Ayes : Council Members Nabholz. Garrett Bradsha". Habenicht. Waggoner. Grazulis. Bums Nays: None Motion carried. (b) Council Member's Choice (i) Council Member Nabholz: I. She said she understands that a July 14"' meeting in regards to General Iron Works has been cancelled. 2 . She noted Beverly Bradshaw got the information for the total cost of what the Cultural Ans Facility is going to be and what the paybacks will be for our citizens. 3. She passed out a copy of a letter 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 to this. but he wanted to make sure this was a matter of public record and everyone was informed. 4 . She said. as a reminder, this Thwsday. the 8"' of July. from 5 :00 to 7 :00 p.rlL 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: I. She said she wanted to thank tl1em , she went to CML and liked it a lot. She noted she has some repons to hand out later. 2 . She commented that she did attend the best 4"' of July fireworks around and that happened to be our very own City's. It was absolulely spcctacular. she said. Ms. Grazulis said this brings her 10 anotllcr issue, just regarding fireworks witbin our community. She said she knows ii is a touchy thing and the police kind of put it lower on their priority scale. but she though! we should have some enforcemen1 since it is illegal. EspeciaUy, she said. the class ones that were going on around her neighborhood. It is very cruel to animals, she said, and they had to take their animals with them because they were quile disturbed the entire time . She noted she does not mind a reasonable time. a couple • ., • . ' ) I • 0 • • Englewood City Council July 6, 1999 Page J.I ,. ' _ .... ·" .. -· • ·,. • - ... days before the 411, and a couple of days afterwards. bu1 lhe whole monlh of June and ii goes until I :00 in the morning or 2:00 in the morning. When you make a call you feel like you are a second class citizen. she said. She stated that maybe somebody might stroll out after a while. bu1 she would say that two of the IJ3Sh receptaeles at Cherrclyn Element:uy 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 that people would like 10 see . perhaps. famil y time after a reasonable time at night. after 9 :00 or 10 :00 until like 5:00 in the moming ... no fireworks ... not on the 4lh ... but after the 4lh _ She noted it seems to be ge1ting worse and worse and when she asks some of the people where they obtain their fireworks they say their parents obtain chem from Wyoming. She said she was just wondering if perhaps the parents were fined also. it might pul a st.op to some of the illegal use and besides Iha! there is the po1ential for fire and injury . Council Member Bradshaw DOied it was real dry too . Council Member Waggoner DOied our ordinance now prohibits the use comple1ely . He asked if that is not ttue. Council Member Grazulis said it should. City Manager Scars said ii does and ii was terrible all over Denver. Council Member Waggoner though! it was a maner of enforcemcnl. Council Member Grazulis said she realizes that our priorities. especially around chat 1ime. arc for more crime and injury types of situations. but she thought tlus could lead up to that. City Manager Sears noted tl1ere were cars damaged at Cushing Park and a number of things . He said they will make this a shon term and get a full response back. as to what we did. what types of acti\~ties and what typeS of alternatives we may have out there . Mr. Scars commented that ii was not good . Cowicil Member Grazulis stated thal it is spreading, rather than staying the same every year. it is just spreading every year because there are no visible enforcements that she has seen . (iii) Cowicil Member Waggoner said Council Member Bradshaw mentioned a letter, las! time , that she had received from Steve Neyer. Ms . Bradshaw said yes . Mr. Waggoner noted that they received a repon since lhen and as he reads the regulations it already gives him the 72 hours for loading and unloading. Ms. Bradshaw said she thought the problem was he was paixed on the sidewalk and there were some other violations going on there, but he does have time . Council Member Waggoner said. then there were other violations other than just the camper parking there and loading and unloading . Ms . Bradshaw said that is what the repon they got back said . Council Member Waggoner suggested somebody clarify that with Mr. Neyer. City Manager Sears said okay . He asked if anybody has contacted him since that 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. too. and she just appreciated them bringing it up. 2. She said she just wanted to also thank them for the attendance at CML . It was a very good conference. she said, and her repon is in the works . Ms. Habenicht said she wanted to share that she won a drawing from one of the sponsors and she won a golf bag, a puller, six golf balls. a golf shirt, a golf towel and golf tees . Council Member Garrett advised that the Englewood Golf Course has a Youth Program and he was sure they could use them. Council Member Habenicht said that is great and she would do that. · . • 0 I • 0 • • Englewood City Council July 6, 1999 Page 15 ""· .. .. • • - Mayor Burns advised that his CML n:pon is actually finished. but he needs to a ttach 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 Dartmouth and Floyd o n 1he 4'". It is always a lot offun. he said. to parade our fire truck out there and go around the block ,.;,ball the linle kids and their strollers and their parents and their dogs and evel)thing else. 13 City Manager's Report (a) City Manager Sears asked Ken Ross to come up for a second. He noted 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 priority we have and he just wanted Council to know tJ1ey wen: going to go ahead and proceed ,.,th thaL if tJiat 1s what Council thought tJ1ey should do. He asked if Mr. Ross would like to say anything a bout thi s. Director Ross said it sounds like it has been an issue ,.;th C ity C ouncil before so nia~ be there isn't anything to say. It was called to his attention. he said. and as soon as he heard about it it caused him a lot of concern as well to have the potential at an intersection where we can ha\"c a green light and then a train going through it. He said he understands tJ1ere have been at least three accidents at tJ1a1 intersection. So. he said. he tJ1ought tJ1ey would be well served if they got the go aliead to go and proceed and do this work. Council Member Waggoner asked how many trains use that crossing and how far do they go south. Director Ross said he does not believe they go very far south. he thought it was just to the south of Danmouth there and what he has heard is it is only like once a week for a train. But sometimes. he pointed out, when you have tJ1em that infrequently that causes you more problems. because drivers' e:1.-pectations are there arc not going to be anymore trains. Council Member Waggoner suggested maybe a stop sign on the railroad tracks southbound. Director Ross advised they approached the railroad with that and they indicated the)• did not want tJiat responsibility . What we actually approached them witJ1. he said. was the idea of putting a manpowered switch on then: so tlley could actuate tJic traffic signal to make it red when ~· want to cross and they would not do it. He noted it would be a lot cheaper than what we are 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 Sears said. as Ann Nabhol z mentioned earlier. tJie Historical Society meeting is Thursday. He advised he met with Jerry Slack and George Allen on Friday and he thought then: were a nwnber of issues that they would like to talk to the City Council about. perhaps in August. after they find out about their funding on the grant. Mr. Sears said he and Jerrell Black both indicated they really should try to pul 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 Sears noted the Council had asked about getting together with the boards and commissions ... just a get-together ... and we were nol sure what that meant. He said we have talked about a nwnberofways to do it...an ice cream social or some type of buffet. August 23nt is the founh 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 Page 16 I•"•• .. ,. .,..-. • • - .. ' ... ~ Council Member Bradshaw asked if it was all of them together. She said she thought it was indi vi dual . Mayor Burns said he thought it was all of them together. He noted that some cities do it differentl y. He thought the City of Lakewood has a montltly breakfast with the head of each board and commission just to rcpon on what they arc doing latel y. He said there arc "arious way s you can do this and we used to meet at least once a year wi th each board or commissiorL Council Member Habenicht said she thought it might be nice to do something where you have a nice group of round tables. like at the Malley Center. or something like that. and have each commission sit at a table . "There could be some son of a potluck or buffet and then have each commission have about five 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 thought thal could be very positive and good . Th ey could get to know each ocher and sec what is happening. Ms . Habenicht said she know,-s a lot of times. having se1'·ed as a liaison, on difrereru commissions and different boards. sometimes they do not know what each otl1er is doing and it could be very positive. Council Member Bradshaw said she thought it was umc for Council to meet wi th them. l\,fayor Bums noted it really is. plus th ey could meet each other. but he thought it was good idea for each one 10 give a little repon on what they arc doing latel y if they want to . Council Member Bradshaw said she thougl1t cum:nt issues would make more sense . what tl1cy arc worlun g on . Mayor Bums agreed . Council Member Nabholz asked if before~· would come to a Study Session about every other month . Mayor Burns said yes thal is what we used to do. but we got so jammed in our schedule on Study Sessions we just found that we could not do thal anymore . He noted we got used to them and he kind of misses it because now we do not see them at all . Council Member Bradshaw said she likes a smaller group. thal she thinks you can gain more exchan ge wi th a smaller group . Council Member Grazulis commented that it would be nice to meet everybody in a mass group . but she said thinks you get more out of a smaller group . Council Member Habenicht said she thinks it is imponant to both. that it is imponant to have the opponunity to get to know board and conunission members and what the boards arc do ing . She said she also thinks it would be a wonderful opponllllity for them to get to know each other a little bit or have an idea of what is going on . Mayor Burns asked City Manager Sears if he had an idea of how many people we are talking about. Mr . Sears said he was not sure, but it is quite a few . Mayor Burns said he was not sure they have the time to meet like they use to . each board individually. Council Member Bradshaw wondered if their load would son of slack off now , once the deals arc signed. City Manager Sears commented that it hasn't so far . Mayor Bums said he wouldn't count on it Ms . Bradshaw said maybe sometime in their lifetime . Mayor Burns suggested that perhaps they could divide it up into once a quaner they meet with a board or commission . Council Member Bradshaw said she would rather sec something like that. like the ones thal have similar interests. City Manager Sears said he tboughl thal was what they indicated ... like Cultural Ans, Parks and Recreation and something similar. And then the other type. he said. like the Boanl of Adjustment and Appeals and Planning Comrnission ... they ha\'C similar interest Or, Council Member Bradshaw said. quasi-judicial ... Liquor Licensing Authority ... that kind of thing. • ' .. ... I • 0 - • • E•pewood City Council July 6, 1999 Pace 17 ......... • • •• .. .. .. Ciiy Manager Scars 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 to belittle the awards thing that the schools do. but when the)• appreciate all of their volunteers it is such a mass of people. She noted the intent is good, its just that nobody ever gets to say anything or participate. 14 . City Attoney's Report (a) Ciiy Attorney Brotzman requested a motion to appoint Pal Tisdale to represent the City defending an appeal from the Englewood Firefighters' Pension Board regarding Jon Scay 's pension. COUNCll.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPOINT PAT TISDALE TO REPRESENT THE CITY DEFENDING AN APPEAL FROM mE ENGLEWOOD FIREnGHTERS' PENSION BOARD REGARDING JON SEA Y'S PENSION. Ayes: Council Members Nabholz, Garren. Bradshaw, Habenicht. Waggoner. Grazulis. Bums Nays: None Motion carried. (b) Ciiy Attorney Brotzman said he had two other issues and both arc major issues for the Bi- Ciiy Plant One is the scttlcmcnt reganling the filter collapse that CIRSA paid off, he said. And the bigger one, be stated. aad the major ordeal. fmally through the Colorado Supreme Court is the \;ctory on the Bi- Ciiy Plant that the insurance company should have been defending us and should be paying. Council agreed thal was eXQ:llcnt and thanked Ciiy Attorney Brotzman. Council Member Waggoner asked when wc will realize the funds from those . City Attorney Brotzman advised wc actually have the funds alrcad)• on the filter case, from CIRSA. He explained that the issue on the Supreme Court Case is what arc the reasonable costs and fees and they will be setting down at a settlemenl conference to discuss that with all the insurance companies. IS. Adjouna111e11t MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned at 8 :54 p .m. . _# ' ' t1 z/j;, ~ ' . • . ' ) I • 0 • • • .. .. • > •• ... .... . ' •• PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS JULY19, 19H .. MAY SPEAK FOR A MAXIMUM OF FIVE MINU S. CH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME CCS1GN1 ADDRESS II tJ <t s . C! fi:h ,./frc.-, J TOPIC ,. . ' . ., ,. ' • I r· I ) I· 0 • • -. • . ,. • - July 19, 1999 To The Englewood City Council : .. .. .... This letter is to introduce myself. My name is Mary Benson and I am interested in purchasing the Skeritt property located at 3560 South Bannock. I am a 47 year old female, a Colorado native, have been in the dental profession for 15 years , and also in the antique selling and restoration business for 5 years . although my interest in antiques and restoration has always been a passion of mine . I have lived for the past nine years at 1109 S. Clayton , Denver, Colorado, 80201 . This area of Denver is several blocks from the historic area of Pear and Gaylord Streets . I had been actively looking for an older home to purchase and restore since helping a friend complete the restoration of his 118 year old house at 2630 S . Logan Street. When I saw the Skeritt house I became very excited at the prospect of bringing this house back to it's full potential. When I heard about the success story in which the City had purchased the Gothic Theater and then sold it to a private party, I was optimistic that you would be open to the same scenario with the Skeritt house. On my behalf let me state that I am gainfully employed, have been approved by several banks for financing, and would plan on restoring and living in the house. I would contact the historical society to have the property placed on the historical register and would do all the leg work securing grants and loans. I also believe that time is of the essence to start renovating the property. I took the liberty of having a roofer and painter look at the property and both stated further deterioration would occur to the property if it was left sitting through another winter. Although the estimates were large, I have yet to be deterred. I have listed the phases on how I would proceed with the restoration : Phase I-Paint, (matched to the original color), a new roof and gutter work. Also cement foundation work. This would begin as soon as possible. Phase II-Landscaping , walkways, new garden areas , reducing the driveway size for more lawn , picket fencing. This work would begin Spring of 2000. Phase Ill-This would include bringing back the hardwood floors, moldings. lighting fixtures, and stained glass windows. Also reworking the rooms inside conducive to the period and restoring the bathrooms using ball and claw foot tubs and pedestal sinks. Because of my many connections with antique dealers, stained glass workers, and people with knowledge of restoration, I feel I am a qualified person to take on such an undertaking. It will not be easy or cheap, but when completed would be a lovely • ) I· 0 - • .. • •' .. • ., . .. ' reminder c:A days gone by in Englewood and would be a place I would most assuredly be proud to call my home . Thank you for your time. Sincerely yours, ~:~x 6-- 1109 S. Clayton Street Denver, Colorado 80201 (303)7 44-7559 .. • . , l ' . I . 0 2X • • 568 S. Gilpin Street Denver. CO 80209 (303) 388-8151 rr •:, Pr..-sal Submitted Te .. ~ ,,,- • .. • • Proposal ·• .. ' .. Sheet .... / Work To le Perfermed At '...Ji~t:.!11!~-~;;;w::~..i:::~---------l Date of Plan,. ______________ _ __.....,~--,-,'!'ff-lll""l~:""".""---,,.,..,.-.---+ Architect-----------------, We hereby propose to lurn,sn all the materials and perform all the labor necessary for the compler,on of 1' ~pc£.:t.e ( 4 V---d '?< , 4dM d, Ca,, tJ/Jc tl,,yt( t'.Yf'q /a tut21..d~t - AH m~ is ara to be as specified, and the above wo · to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of CS 7, 4 S-0. oo ) with paymel'lts to be made as follows : $ 9ip-iJC ~ ~ - ~ I l..,,.{!_~ ~ ~~ Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate . All agreements contingent upon strikes, accidents or delays beyond our control. "-·· ·-·-~-c::::=::> '-. f'}/1, al Note -This proposal may be withdrawn by us if not accepted within 1 O days. ACCEPTANCE OF PIOPOSAL The obave prices, speciflcatio,,1 and conditi0ft1 are satisfactory and are horoby occepted . You are a11thariHd to do the -k 01 specified. PayM.,.t will be .node 01 outlined abOYe . Accepted _________________ Sig11C1ture·----------------- Dole·-----------------~S.notur.._ _______________ ~ I.IT ...... U a . A , ' • ' ' ' ... I • 0 • .. ~ ,.,..-· ~ • l• ~,. .. • . ~ -.. "' ·~~---~ C-TO~~ t5"' · X:, £.>{7 .l, (/ • Licenst!d & Insured• ... J-\_....-_-;, ~:-~-----------------------------'---~-"'~ 380 1 South Sonte Fe • Sheridon. Colorado 80 1 10 • 1-800-47 1-067 6 • 13031 7 8 1-8185 • Fox 13031 7 8 1-487 5 PHONE JOB N AME SPEC IAL INS TRUCTIONS Existing iype of roof _,~~~;,:'.:.__J<'.:,~~~;it'~~""'(_~--a;,,------?"---::"7'----::::a::::--:--:--:.,.,,_..,,_----:,, 2. Reoa,r or replace w1th _....::~~"2-.e~--=------+-~~d!5"$et!.~!'.'.'.ldlt~~!:'.!'!$,,:...,G:t...,~~e.._L,6!.~~~ 3 . S1y 1e of sn1ngle ------,-=r-=~-------t-::,;---. ... ......,...--::--=:-~-,---=.,._~------- 5 6. Valley iype 7. 8 . 9 . 10 . 11. 12 Roof pitch 13 . 14. 15 . 16 ,; 18 Lien wa,ver prOYldltcl 19 Clean up daily 20 21 22 . Insurance papers provided 23 Permrt Fum1Sl1ed Unoer trit teims OI hi contraa !he -olffllaf'lll\iD Wllt'tlfflY " nee eftectn,'f untll ~ 11 rTIMe 1n fvM r ni.Contrac:1~ine ~"'°~ ot N c111e1 ana no Off'lef ~. callilteral or QfflefWIW 5nlll tie oinong Uf11ftl ll'I •""'9 anc s.gr..o Dy oom pa,i_ies ~:,, ~-.ieo OIC:Mng. fiilCII OOiras root 1acu went•~tcn ffMIWlg OI OCl'lef maa.nalS .tliels ~ Slallc:l 11'1 M CMtld ~e no1 1"CtUOeO ana oe cna,gea as an eitra on 1 11me ;ano U8C bullOlnq caot r~rea lftll !Utent•rs HIIIIS Of SIAO'fll M UST oeoe1rate OtK:lllng 1i2" Of fflc;llneS5 l)I 9'Mll"Q • '° Z qoo1,r,g ti not r~ ,or e1DOMO eaves mat nans oeneuare Ounng me course 01 rooting you, N>YSe . Nf'9 may oe some VC>tatJOnS T~e c~bOns necessary 10 DfeYenl octure tql1 hnKes ,no Off'Jer ftefflS ll'Off'l lalWlg lt'IO 0fHlltfl9 A 10 l Roofing IS no1 lac,ot\5,iOle toi items orOIP.tn in tne ~i,o, Of !he~ A 10 Z Rootw,g •s tlOC resQOl'\IJOle 10, ::2r1¥eW¥ or ,ae-alu 11'1&1 ar e ~amageo •rom "entcles used '" t'!01 ma! roottng oroceoure "11 access /ff c:an o. DMI Dy CUMomer 10 ,nsore heavy lt'ehcies ri no! onv• on conc,e<e Home,owne, 1s reSOM.\!Oie 101 oavmem as outltneO DetOw 1no Mt cont1f'IC)ef'II uoori ,eg,onai ouliOlr,g onsoect,c,n o , insur11"1Cesefflemen1 or required to complete in accordance with the above stated specifications . for the sum of · Due upon matenal delivery$ Due upon completion$ '7...I 77, t!)<, =TOTAL$ >"..$ 77. 00 . UPON COIIPLETION OF WORK THE UNDERSIGNED PURCHASER AGREES TO IIIAKE PAYMENT IN FULL THE AMOUNT SHOWN ABOVE. Al rnatenai • ~WIINd 10 be n speal..a M won, 10 De con,plet.a ,n • WOflltMnl*e ~ .::co,~ 10 Manaard cwancq Al lf'llltnor Clllmag,t to buMdlngl II eadudlld 90 daVs lftef com· '*""" oate Ind"'-~ rs noelhed.,.. any aa,naga 10 con1en11 w111>e ._ ~ ot lf'Nt Date of Acceptance, :::::;::::;;;;;~i:,"---=~~.------- wu in process .,... be CO!tefed by h contracior AN agreements COt'lllnglfll upon"'*" ato· A tho • ad S tu ~ 50 ~ ,6,C _.., ownet" arid,_ "*"ante CClfflPlnY Al~ 10 N bl.lriOlng wnctl oa:u"9d ...... lhe r • -"7 ~~ mnts Of cte6ayS IMl¥Ond ou, contr:Jt Owner 10 ca1ry hre. tomado ano OIIWI' nee-.wy ..._.,ence u nz ).9na re • ~ Scnodullng..,bo...,.,,_.._ .... ,ognod bul k""1edbyav-11"-.C-~-~ M#-P(!,Ji!.,,$U 7-lncl-~ Note: Th,s proposar'liiay be wtlhdrawn by us 7n<l1 accepted with,~ ACC EPTANCE OF PROPOSAL · TtM PfOOOMI b11comn • legat twong corwract 72 houn trom Days o.te al acceplante 1 112"11. '* ~ ll"llltfflt _. be added on to all accOl#'III JO oays ~~-:t'J:: = ;'°~~ -=:;•,.::.•c:.c:::-..,: ~= ~~gnature ---------------------- const•'-"-I ffiKNlnlCa ..,.. INCi agai,111 p,aoeny Canc:ehtlon of the conlract ma, be ad'llevecl r,y ~ a c..-..,n ... "' •• amoun1 o1 s, of tM conN'act pnce Sagnature ---------------------- A to Z Roofing Ir Siding la owned and operated by GBS EnterpriNa Inc .,• registered Colorado Corporation . • ., . ) I • 0 • • ... ~'. ~ MEMORANDUM TO: MAYOR TOM BURNS ENGLEWOOD CITY COUNCIL FROM: SUBJ: DATE: BERVETTE WILLIAMS. CHAIR ENGLEWOOD LIBRARY BOARD LIBRARY BOARD VACANCY JULY 12, 1999 .. • .. • •• .. ... The Englewood Library Board has an Attendance Policy th at states "Board members are all owed abse nc e for a vali d reason, not to exceed 3 consecutive meeti ngs ." Fo ll owing his appointment to the Bo ard in J anuary. 199 8. Lo u Parkinson attended or missed the followi n g meetings: MEETING m NO FEB 98 X meeting can celled due to lack of quorum of voti ng member.; MAR98 X APR98 X MAY98 X JUN98 X JUL98 X AUG98 X SEP98 X OCT98 X NOV98 X DEC98 X JAN 99 X FEB 99 X meeting cancelled due to lac k of quorum of voti ng members MAR99 X APR99 X MAY99 X JUN99 X Attached is a copy of a letter sent to Mr. Parkinson o n April 20, 1999, requesting th a t he notify the Board of hi s intention to panici pate . To date we have received no re sponse to this letter. Also attached is a copy of a letter sent to City Counci l on May 17 , 1999 , concerning this matter. It is with regret that the Englewood Library Board requests City Counci l to declare Mr. Parkinson· s Board position vacant and to seek a re place ment for his position on the Library Board . Thank you for considering th is request. cc: Gary Sears, City Manager Dan Brotzman. City Attorney En g lewood Library Board '.,. 8 a --,, ?:-·nted on Pecyc !ed Pap er .=" ) I • 0 32 April 20, 1999 Lou Parkinson 590 Pennwood Circle Englewood, CO 80110 Dear Lou , •, P•t,,• ' .. • t, • • .. • •• ' .... A review of the attached 1999 Englewood Library Board Attenda nce Report shows that yo u have misse d all four meetings since the first of the year. Although we had fou r voting members in attendance at the February , 1999 meeting , it was declared inva lid due to the lack of a quorum of five vot in g members . In addition , the attached 1998 Englewood Library Board Attendance Report indicates that you were absent 5 of the 10 meetin gs held this past year , following your February , 1998 appointment to the Board . All of these absences occurred without prior notification from you to the Board Chair or to Library Admin istration . I am includ ing for your rev iew a copy of the Library Board Attendance Po li cy wh ic h you were given as part of your member's package at your first meetin g. As you can see from th is Po li cy, Board members are not expected to miss more than three consecutiv e meetings without a val id reason. The Library Board serves an important function in its policy setting-rol e of providing ad vi ce , guidance , and direction to the Library Director and in helping determ in e the futu re of our community library system . In order to fulf il its charge , the active participation and input of all members is very important. As Cha ir of the Library Board , it is my responsibility to ensure that this occurs . Therefore , on behalf of th e Board , I have been requested to ask you if you wish to continue as a me mber of the Englewood Library Board. If you feel that you are unable to do so , we respectfully request that you notify C ity Cou ncil of your decision so that they can select a replacement for your pos ition . Sincerely , ;_f r :v:.ri -., t~i.f~.~ Bervette Williams , Cha irpe rson Englewood Library Board cc : Englewood Library Board Englewood City Counc il • ' .. ... ) I • 0 32X - .. • ~ .... ,,:·. •,4, ' • ' .. •• ... .. ... City of Englewood Englewood Public Library 3400 So ut h Elau Str eet Eng lewood . Co lorad o 80 11 0-23 04 Pho ne (303) 762 -2560 May 17 , 1999 Mayor Thomas J . Burns & Members of Englewood City Council Englewood City Hall 3400 South Elati Street Englewood, CO 80110 Dear Mayor Burns and Members of City Counc il: FAX (303 ) 762-2576 At the suggestion of other members of the Englewood Library Board , I recently sent a letter to Lou Parkinson (see attached) reminding him of his obligation to attend meetings and inqu iring as to his plans for remaining an active member of the Board . To date , we have received no reply to this lette r. While Lou's term is not officia lly up until 2/1/02 , the Board feels that all appointed members must fu lf ill their commitment to fully participate in meetings and that Lou has not lived up to his promise to do so. Thus, it is w ith deep regret that the Board requests that the Englewood City Council take under consideration the rep lacement of Lou Park inson 's position on the Eng lewood Library Board. Sincerely, /t.#, ... Cl,/z % ~..-. {i-:;,'.vette Williams, Chairperson Englewood Library Board cc: Englewood Library Board ~\ Pnn1 ed en Recyc ied Paper.,:!..:: . ., . ~ ~ ... ' ' ' > I • 0 32 • • • ./ PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO ss COUNTY OF ARAPAHOE I, Thomas E. Spargur, do solemnly swear that I am the Publisher of the Englewood Herald and that the same is a weekly newspa- per published in the city of Littleton in the County of Arapahos, State of Colorado. and has a general circulation therein ; that said newspaper has been published continuously and uninterrupt· edly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered in the Post Office of Littleton, Colorado , as Second Class Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30, 1923. and entitled "Legal Notices and AdvwtlNmenta" and other acts relat- ing to the printing and publishing of legal notices and was published in the regular and entint issues of said iwwspaper, once each week. on the same day of each week , for a penod of _!___conwcutive insel1ions and thet the first publication of said notice was in the ~ ~sa~ newspaper dated 4f,,(4l 4 ,;z.s: 1999 ~ublication of said notice was in the issue of said newspaper dated Subscribed and sworn to b~ me, a Notary Public, thi~ -day Notary Public '"'•tf.. -. ·-. ( • ~ Ar-- • • -.. CllY OF ENGI.EWOOO NOTICE OF PUBLIC HEARING Nollco la hereby gi..., ll'lot ll'lo City Council of ll'lo City of ~-. ~ ..... -• Public Heortng 01 o Aa9u1or City Council ~ on JULY 11, 1-. 01 7:30 p.m. in the City Council ~. MN Soulll ElOII-. IO•- ....... ll'lo E,..-llunicipol ~ 1N5 by AN ORDINANCE AMENDING TITLE 7, CHAPTERS IE AND IF AND TITLE 15 BY REPEALING AND AD0tNG NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERIALS AS WELL AS PARENTAL RESPONSIBILITY. (Council BIN No. :Ml All -po,tlee -·-apilliona In -ot tlle -~ or In writing to bo --llr N City Clorlc llr 1:00 p.111. on JULY 11, 1-. .._.. MU*'I ID ....... ""' _ _,,,._ col .. CIIJ Clorlc'• Olllce, JQ.7t2. -----pn:11nl1Va ,., ....... ..._ .. --· .. -· ., ..... of .. ~CIIJ ~ ~A. Ellis, CIICIAAE CIIJ Clorlc Cltyof~ MNSoulllllall..,_ ~COI0110 ...__ ...... -_....,_.,_ _________ .,.__,_,_,_, ______ : JUDITH A. BL OEiVEN NOTARY PUBLI C STATE OF COLO RADO ' ~ • ' ... ~ '· ., . .. . ( ' ... ... ., ) I • 0 • • • .. --·------------------------.. • • . ' pr. ~;:f~-~ . , . .. : .... ~ • • - PUBLIC HEARING ROSTER JULY11, 1111 AGENDA ITEM NO. la ... PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: COUNCIL BILL NO. 24 AMENDING SECTIONS OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO GRAFFITI NAME ADDRESS ,, . . ' . .. • I ., I . 0 32X - • • CHMN&t# WIiiiam L Cook --- VICI CHl'IIIMtN L.MY""-JC---- VICE CtWRMAN .,_._ .... --VICE CH'tilMIAN _..._. --Co • .. • ,r-• • . • -.. cRc Colorado Ratail Council 45 1 East 58th Ave ., #412 1 Suite 4184 / Dernier , CO . 802 16-1421 Telephone (303) 297-oe57 / FIP (303) 297-0735 ~11.1• The HolNnllll Tilonm Buma ...,,, Cly d En;luaad CilyHal 3400 Saultl EIII Englar iaad, CO 80110 The Colorado W Council ia • naMar..p,afit aua·+.11on .......,..ISi avwr 2,000 191111 localona in 1he ._ d Cakndo. Our primay million ie to lobby on blllllf d our IMfflbar9 • ._ CGlcndo Sia C..,. and at ciy halll around U. ..... Maf'Y dour ffllfflbers ... 1Pfar paint and ...... IO - .. .._. COIICllfflN WMf\ we falow poaalble "lock-MP• 1eg · lston lhat inCI r r r r r ........ on how we ... 11111 product. Aa we ... 111111 ID ,OU in a .... dad Apnl 5, 1591, (-C c:hed) wa lllanlllr Ull9 ,au ID nat pw • ·...-, palrll lDC*-up• Ofdinaa in En•• aad. WI wauld mucti .....,. ... onil•a 1tlll -.. our mamlle.• ID p1am the Plill in._~· dour lllff. In pall lUM!ya d Pllrt.....,. o. .. '-canduclld, we,-nat bind the ltlllft d IPl'8y paint br minors ID be a ..,._ .. llfllllllm. When flllillls do ,-• problem wlh theft -al anr p,aduc:I -lwr UIUlly 11118 ~ ..... to maka IUIII I is nat IIOlen again. Thia onlr ...... --..... ,..,.. ... in the bu .... al malling ,..,, nat IDiing ii. Such ............... Include dlapllrytng ... product only In • Place ... is fflDlllilaNd 11,y lllff, ardor......_ any d • number al eleclra,lic aurwillance .,... tD ,,_,. lhlft. Suell lllpl .. ganaraly recognized br 1he IPl'8y paint NIIII CDfl'lfflUnilr • Reaponaible Rllailing, and we aak that you support .. appraactl. . ' .... I .~ I· 0 rr .._ .... CJMI. ... ~...., ,... __ ........ ............. .... -..c-. IIICZ CHMaWI ....... ... - .. CNAllltlllAN Will.-L. o..11 ·--- Wlll CNAIIIIMN ....... -VICS CHAIMWI .......... - VIC&Cw.N _._.._.. ._...,_Co. VICII c:IWIIIMN .,... .... ---- W:.OWNIM ._ ..... • --~ca.. • -. .. ~ /". • , ... ,. • ' -' ... ell: COiorado 111111111 Counotl '61 Ellll•'"-• N12 /&.-41M/0.-, CO. 80218-1421 Tllllnlnt C303i 287-0U7 / Fax (303) 297-0736 Mayor Tom luffla Eugluood Cir Council C1'1Hall Engle iaod,CO O..Mayor luffla and......,. olCily Ccud: The ColoraCID Rallil CoullOll la a 11111 .......... bCl8 UIOC:latiOl'I 1'9PfWMnllng OWi' 00 ........ will hW 2,000 ..... lclcallDN In 118 .... of Colorado whON primary purpoN IS 1111 IObby on ....., of 119 ...,... et lie COloradO Sta C8PIOI and at city hall1 arauncl the IIMt. Ma,y ol our ffllftlMn NII 1Pt11J paint and markffl so we •• CClnOlffled when• INm ol ~ ~· legillalion thaC incrNw l'Ntrlclionl on howWI NII lhla PNNMll Moflt and fflOC'I, ........ • bell,a ......... Dr QCMffllllenll ID be Iha "IOdal 11•11ap,,.• on afllrl ~ ,,_.. 111a aloclhol, labaaoo. CIDld meclielne. IOlllly tlc:UII, and now, paint anG fflllllO ....... W. accapt .. requnmant ID NII 81,d\ produCII NIP D llllbia1. llut we IIIO lilllwe llll IIIMffllMftl raet,tclolll can aftln be 1111119 fWlh IIWI r DI ay, WI --.... ,_. IO nM ,-8 ...,,., paint loalHlp" ......... ., ...... ,_ ,,_. •...., alllr OIIIDfll......,. can take ID dlclula paint It! DPfilll, ............. peiflt in IN ~ of c:leftts, tt'8t -not 81 --*• ffllldng .... legal ..-...1nac lll'tlle lO Ille PIA*, tt'I W8 ltl8l IOfM ....... ---dD Wfllll Mlfl I law WNd ..... bf pllc:lng paint procluc1a out ol ...,_ of cu•INlt. Tl'INe ....... ,-. falnll lt.clpl'llng 10 Na PNb1em and IDOlr. lhe ...,..._ aclieln . M .. g,and ~ of our,,.,,..,. 1t1a1 wa ~ • _.., • Noi...., ,. IDld me ...,_lelr twt Ille lh0plftll19 °' Pllnt ii e11t11n1y nae a wid1aprNd pnallllrn. v.1111 we find moat fftanlinll ..., auct, "loea-up" !awl ia Ill camplall lack ol llllllllcal proof ltlal 91,c:h mwurN WILL ACTUALLY REDUCE ACTS OF GRAFFITI VANDALISM! Typlcallr, auc:t'I lewl a,w pUled In ~ wlltl IMMMI C1ean-11J p,ograma 111at .,.. 118 true INaor'I fcW a c:IMner~. W. hope that an, Clf6•ict i,au may pau In !11911 :aoCI ID eOIVa grllfflll \l!Mdllllm takN In ID acciDllnl the l'Wllilal'I GOil IO l9CIOftllNCt 111119 di..._. M well aa 1M rawrue loll ID dacnaaeCI .-. rn ....,._ ' ' . . I . 0 . ] • • .. --• . ..... '. ... •• ' .. CRC FAX COVER SHEET Colorado Retail council 451 E. 58 111 Ave., #412 Denver, CO 80216-1421 Phone(303)297-0657, Fax(303)297-0 735 To: ~ f},-s Location: Fax#: ]:gj-1115 From: Oate: Time: ... Number of pagea aent (including cover): 1. _......;... __ .. Adclitiot,al M111age: k, We. J.-sc.~ e»'\. kpbe.__, · , \ . -fer--b.-j k+ :s r,ee;t~ '"..T-' d: ~ spr=r pa,·,J ~splo.ys, -t_~ ~l --C'o.-y;v• CASS i's{.._" ce . -Chrr' ~ . ' ' ). ' ', ... . ( . . ) I . 0 32 ..< ·.]- ·' r • • .. •,,' . .. ORDINANCE NO. __ SERIES OF 1998 .. .. --· • • - BY AUTHORITY A BILL FOR .. COL NCIL BILL :'-JO . 2-1 l:s.!TROD UC ED BY COC:'-JC IL :\!EMBER ______ _ AN ORDINANCE AMENDING TITLE 7, CHAPTERS 6E AND 6F A:--:D T ITLE 15 BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS PO SESSIO :--: AND SALE OF GRAFFITI MATERIALS AS WELL AS PARENTAL RESPO'.\ IBILITY . WHEREAS , gr a ffiti is a blight to prope rties ; a nd WHEREAS, graffiti can contain gang r e lated terms: and WHEREAS , graffiti is not only inconvenie nt but also causes property damage to the citizens of Englewood ; and \\ HEREAS, the Englewood Code Enforcement Ad,;so ry Committee distinguish es items that may make marks on public property , s uch as , chalk or wa x or othe r item s: and WHEREAS , the Englewood Code Enforce m e nt Advi sor y Committee h as r eco mmende d and Council feels it is appropriate to address graffiti that damages property and does harm to the citizens of Englewood : and WHEREAS. the Committee has recommended and Co uncil fe e ls tha t la w enforce ment efforts should be addressed toward issues that are more h a rmful a nd wi s hes to remove enforcement against item s which are inconvenient but do n ot ca use property damage such as chalk or wax ; and WHEREAS , use of chalk and other similar items on public prope rty is n o longe r a prohibited activity ; and WHEREAS , the Committee and Council wish to aid police officers in pre,·e nti ng gr a ffiti by addressing use and possession of s pecific graffiti materials; and WHEREAS , it is found that most graffiti violations are committed by minors ; and WHEREAS, possession would be prohibited when there is an "intent" of u si ng the materials for the application of graffiti ; and WHEREAS, parental permission, school projects, and other lawful endeavors will allow minors to have possession of graffiti materials; and WHEREAS, the Committee and Council note that theft of specific graffiti materials is harmful to not only the business owner where the theft occurred but also other businesses and homes where graffiti is applied ; and WHEREAS . for the protection of all the citizens of Englewood, including the business owners, sales of specific graffiti materials to minors will be prohibited; and -1- .. 9 a I • 0 - .. • .. • •• ' ' •, WHEREAS , the Committee and Council recognize the current 24-hour remova l requi rement from business and homeowners ' property is onerous ; and WHEREAS, the Council and Committee wish to u se the current abatement proce ss and system to enforce the removal of graffiti; and WHEREAS, the Code Enforcement Advisory Committee met with representatives from the retail community and this Ordinance reflects those concern s; and WHEREAS , the proposed language is based upon representations from the retail community that they will provide materials and education for retailers in the City of Englewood; and WHEREAS, the Englewood Code Enforcement Advisory Committee and the Englewood City Council believe these amendments will aid in graffiti enforcement; 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 authorizes the amendment of Title 7, Chapter 6F , by the addition of a new Section 11 , of the Englewood Municipal Code 1985, e ntitled ·'G raffiti Definitions ," which shall read as follows : 7-6F-11: GRAFFITI DEFINITIONS : FOR THE PURPOSES OF THIS TITLE , THE FOLLOWING WORDS SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM. EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING : AEROSOL PAINT CONTAINER: BROAD-TIPPED MARKER : ETCHING EQUIPMENT: -2- ANY AEROSOL CONTAINER THAT IS ADAPTED OR MADE FOR THE PURPOSE OF APPL YING SPRAY PAINT OR OTHER SUBSTANCES CAPABLE OF DEFA CING PROPERTY . ANY FELT TIP INDELIBLE MARKER OR SIMILAR IMPLEMENT WITH A FLAT OR ANGLED WRITING SURFACE THAT, AT ITS BROADEST WIDTH , IS GREATER THAN ONE- FOURTH (IJ4T") OF Ai'\! INCH , CONTAINING INK OR OTHER PIGMENTED LIQUID THAT IS NOT WATER SOLUBLE . ANY TOOL, DEVICE , OR SUBSTANCE THAT CAN BE USED TO MAKE PERMANENT MARKS ON ANY NATURAL OR MAN-MADE SURFACE . ' ... I • 0 32X • • • GRAFFITI: PAINT STICK OR GRAFFITI STICK: PERSON : .. • • -' THE DEFACING OF PUBLIC OR PRIVATE PROPERTY B'i '.\1EANS OF INS CRIPTION , WORD . OR FIG URE , DO~E B'i PAINTI:\"G , DR.AWING , WRITI:--iG. ETCHING . OR CARV1 1 G WITH PAINT , SPRAY PAINT , INK. KNIFE . ETCHING EQl.iIPMENT OR ANY SI:\lIL.\R METHOD WITHO UT WRITTEN PERMISSION OF THE OWNER/PROPER.TY OWNER. ANY DEVlCE CONTAIN!. GA SOLID FOR:VI OF PAINT. EPO>.'Y , OR OTHER SIMILAR SUBSTAl'\ICE CAPAB LE OF BEING APPLIED TO A SURFA CE B'i PRESS URE AND LEA VlNG AN INDELIBLE MARK OF AT LEAST ONE-EIGHT (l/STH) OF AN INCH I::sl WIDTH. ANY INDIV1DUAL. PARTNERSHIP . COOPERATIVE ASSOClATI01 , PRIVATE CORPORATION. PERSONAL REPRESENTATIVE , RECEIVER . TR US TEE. ASSIGI\EE . OR Al\1'i OTHER LEGAL E. "TITY. Sectjon 2. The City Council of the City of Engle wood. Colorado hereby authorize the amendment of Title 7, Chapter 6F, by ame nding a nd r e numbering Section 11. of the Englewood Municipal Code 1985 , entitled "'Graffiti Prohibited."' whi ch s hall r ead as follows : i &F 11. GRAFFITI PROHIBITED . It shell l,e t1Hle .. fttl fer !!HJ pe1seH te p!!IHt. spre) p!!tHt, are .. , .. rit.e . eteh, eer,e er 8) en_, si111iler 111et.hea hetsee ,er aef!lee 6ft) pttlilte er pri, ete !lrepert_,, , e.1eept .. ith .. ritten per111issien ef the e .. ner ef pri, ete prepert.), the Cit.) Meneger, in the eese ef Cit) 131 epert), er the st1per,ise1) effieer ef 6ft) ether pttl,lie prepert). 7-GF-12 : GRAFFITI PROHIBITED: IT SHALL BE UNLAW FUL TO DEFACE PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION , WORD, OR FIGURE , DONE BY PAINTING , DR.AWING . WRITING , ETCHING , OR CARVlNG WITH PAINT , SPRAY PAINT, INK , KNIFE , ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHOUT THE PERMISSION OF THE PROPERTY OWNER . Sectjon 3 . The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 7, Chapter 6E, by t he addition of a new Section 9, of the Englewood Municipal Code 1985 , entitled "'Possession of Graffiti Materials by Minors Prohibite d ," which shall read as follows: -3- • ' < .. • I I • 0 • • ·-. / 7-6E-9: .. ~ ~.,,-.... • " . . ... • " -.. POSSESSION OF GRAFFITI MATERIALS BY MINORS PROHIBITED : '" ' ' IT SHALL BE UNLA WF L FOR A PERSON UN DER EIGHTEEN (18) YE.-\RS OF AGE TO POSSESS AN AEROSOL PAINT CONTAINER. BROAD TIPPED MARKER, PAINT STICK OR GRAFFITI STICK WITH THE INTENT T O USE THE IMPLEMENT OR MATERIAL TO APPLY GRAFFITI. Sectjon 4. The City Council of the City of Englewood , Colorado her eby a u t h orize the amendment of Title 7, Chapter 6E . by the addition of a new Section 10 , of t h e Englewood Municipal Code 1985 , entitled "Prohibited Sale of Graffiti Materials To Minors," which shall read as follows : 7-GE-10 : PROHIBITED SALE OF GRAFFITI MATERIALS TO MINORS : A . SALE . IT SHALL BE UNLAWFUL TO SELL ANY AERO SO L PAINT CONTAINER, BROAD-TIPPED MARKER, PAL 1T STI CK OR G RAFFITI STICK TO ANY PERSO N UNDER THE AGE OF EIGHTEE N (18) YE . .\RS. B. SIGNS REQ IRED . IT IS UNLAWFUL FOR ANY PERSON WHO SELLS OR OFFERS TO SELL ANY AEROSOL PAINT CONTAINER , BROAD- TIPPED MARKER, PAINT STICK OR GRAFFITI STICK TO FAIL TO DISPLAY A WARNING SIGN I , A PROMINENT PL.\CE IN THE BUILDING AT ALL TIMES . C. DISPLAY AND STORAGE : 1. EVERY PERSON WHO OWNS , CONDUCTS, OPERATES, OR MANAGES A RETAIL COMMERCIAL ESTABLISHMENT SELLING AEROSOL PAINT CONTAINERS , PAINT STICKS, OR BROAD- TIPPED MARKERS SHALL STORE THE CONTAJNERS. STICKS OR MARKERS IN AN AREA CONTINUOUSLY OBSERVABLE. THROUGH DIRECT VIS UAL OBSERVATION OR SURVEILLANCE EQUIPMENT, BY EMPLOYEES OF THE RETAIL ESTABLISHMENT DURING THE REG U LAR COURSE OF B USINESS. 2 . IN THE EVENT THAT A COMMERCIAL RETAIL ESTABLISHMENT IS UNABLE TO STORE THE AEROSOL PAINT CONTAINERS, PAINT STICKS. OR BROAD-TIPPED MARKERS IN AN AREA AS PROVIDED ABOVE , THE ESTABLISHMENT SHALL STORE THE CONTAINERS , STICKS , AND )MARKERS IN AN AREA NO T ACCESSIBLE TO THE P UBLIC IN THE REG ULAR COURSE OF BUSINESS WITHOUT EMPLOYEE ASSISTANCE. Sectjon 5. The City Council of the City of Englewood, Colorado hereby authorizes the amendment of Title 7, Chapter 6F , by the addition of a new Section 13 , of the Englewood Municipal Code 1985, entitled "Parental Responsibility For Graffiti Offenses ,'' which shall read as follows : -4- ., ' ' ) I· 0 - • • .. ,. /' . • ,. • - i-GF-13: PARENTAL RESPONSIBILITY FOR GRAFFITI OFFENSES: A PARENT OR Gli . .\RDL\:'11 OF A :\11:'.'JOR COMl\'IITS AN OFFE:-JSE IF HE OR SHE KNO\\ ING LY PER:\IITS THE MINOR TO APPLY GRAFFITI. Sectjon 6 The City Council of the City of Engle wood h er e by repea ls Title 7. Chapter GF , Section 12. The City wishes to abate graffiti und e r the tand a rd abatement procedure of Title 15 and therefore authorizes the a ddition of a new Section 15, DEFACED PROPERTY. to Title 15 of the Englewood Muni cip a l Code which hall read as follows: 7 6F 12 · DEF.',CE:D PROPERTY: :\. Deel11r11tieH ef Pttillie Nt1is11Hee. All prepett) Elef11eefl B) r;raffiti er g11Hg g,ot1ffiu th11t is • isiille te pt1ill:ie .ie" is hereil) Eleel11rea te Ile 8 pttillie HttisaHee !IHa 1H the iHterest ef pttillie he11lth . s11fet), rBerals !IHa geHeral nelftne . sht1H Ile 11il11tea !IS set ferth iH this SeetieH. B. Ail11te1BeHt efCt!lffiti er C11Hg Gr11ffiti. Wl.eHe ,er !IH) r;r11ffiti er g11Hg r;rt11litt shaH Ile fet1Hli , the Cit) ?l11Ft11ger er his aesigflee sh111l eraer the eeet1p11Ht er e .. Her e f the pr epert) ttpeH .. hieh the gr11ffiti er g11Hg II" 11fati ah111l e.tist, at his e .. H e.1peHse . t e reme,e er eerreet the s111Be .. ithifl t .. eHt) fettl' (lH) hett1B er stteh periea tfl e.1eess ef tn eftt, fettr El!'!) hettrs !IB liesigft!lteli iH .. ritiftg il, the City M11H11ger er his aesigHee . the Cit, M11H11ger er his aesir;Hee IB!I) ea11se the r;r11ffiti er 0 aHg r;r11fati te Ile I e1Be, ea er eerreetea 11t1a 1111 e .tpel'.ses 11\ettrrea sh111l Ile assessea tlJlBft stteh a let er premises eH "hieh the r;r11ffiti er ,;11!'.r; r;r11ffitt e.ttstea. 15-15-1: DEFACED PROPERTY; ALL PROPERTY DEFACED BY GRAFFITI WHICH rs VISIBLE TO PUBLIC VIEW rs HEREBY DECLARED TO BE A PUBLIC ~1JISANCE AND SHALL BE DEEMED UNLAWFUL. Section 7. Penalty Provis10n . The Penalty Provisions of E .M .C . Section 1-4-1 s ha ll apply to each and every VI Oiation of thi s Ordinance. Section B. Restitutj on: Mandatory r es titution s h a ll be required under Section 1-4· 7 of the Englewood Municipal Cod e . Section 9. Safety ClaµFes The City Council , hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health , safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council furthe r determines that the Ordinance bears a rational relation to the proper legislat1ve object sought to be obtained . Section 10. Seyerabiljty If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstance. s hall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to -5- • .. . ' ·. I • 0 • • .. • ,.,... .. • ' .. / ... .. • -.. ... •, other person s or circums tances. Sectjon 11 Inconsistent Ordjnance• All other Ordinances or portions thereof incons is t e nt or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of s uch inconsistency or conflict. Sect10n 1? Effect of repeal or modjficatjon The repeal or modification of a n y 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 , s uits, proceedings, or prosecutions. Introduced, read in full. and pulled from the Agenda on fir s t reading on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th d ay of June , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby 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 7th day of June , 1999 . Loucrishia A. Ellis -6- ' ... ... \ .. . ' ' ' r I • 0 32X -J - • THE NATIONAL COUNCIL TO PREVENT DELINQUENCY Values R espo nsibilit y Direc tio n / • • • July 19, 1999 Mayor Thomas Bums and City Council members City of Englewood 3400 S. Elati Englewood, CO 80110 Dear Mayor Bums and City Council members : • • .. .. The National Council to Prevent Delinquency is pleased to support the proposed Graffiti Ordinance (Council Bill 24) on final reading tonight. We met with the Code Enforcement Advisory Committee in April of this year and discussed our concerns with the initial recommendation to lock-up spray paint cans. The proposal on final reading tonight has responded to those concerns and provides more retailer flexibility in the display and retail of this product. At that time, we expressed ou r interest in contributing our Responsible Retailing program to the anti-graffiti eff'on. 'Through this program. we provide education, in-store materials and employee training to prevent theft and illegal purchase of spray paint and othrr items by young graffiti vandals. In the put few years, the program bas been 1~lcmentcd in Milwaukee, WI; Albuquerque and Bernalillo County, NM : Suffolk County, NY; Sacramento, CA; and Dade County, FL. We look forward to working with the City of Englewood in the fututt . Thank you for your support of this bill. Sincerely youn, ~~, Executive Director PO BOX 166 75 • ALEXANDRIA, VA 22302-8675 • TELEPHON E 703-75 1-9569 • FAX 703-75 1-3507 • E MAIL NCl'Dgraf@c rol s.com . "· ' ., . • I . ' . I • 0 32X - • ' PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO ss COUNTY OF ARAPAHOE I, Thomas E. Spargur. do solemnly swear that I am the Pu.,..,_ ol the Englewood Herald and that the same is a ~ i.wspa· per published in the city of Ultleton in the County of Arapahoe, Stale of Colorado, and has a general cilculation therein; that said newspaper ha been published continuously and uninlerrupt· edly in said County of ~ for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper ia9"18red in the Post Office of Uttleton, Colorado . as Second Class Mail maner and that the said n-spaper is a -.paper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30, 1923, and entitled "Legal Nollcn and ~" and Olher acts relat· ing to the printing and publill*lg of legal notices and was published in Ille nigular and entire i-of said rwwapaper, once each week, on the 11811111 day of each week, for a period ol _L__consecuttve insertions and that the first publication of said notice was in the iffu_eof said -spaper dllted 4f,tA? 4 ,;z.s: 1999 ~ publication of said notice was in the issue of said newspaper dated Subscribed and sworn to befonl me, a Notary Public, ~day Notary Public ' ) ~. {•· .. ,. • • •• CllYOF~ NOTICE OF PU8UC HEARING -•Is.......,._, -Ille City c-1 ol""' Cllr ol ~ c:..a-. --• Public -... ... -.., City Council -.... on JULY ti, 1Nt, at 7:30 p.m. Ill Ille City-=-~ --Elall ..... ID canal- ..-.""' &glowood llunldpal C:O. 1NI lly Ml ORDINANCE AIIENOING TITLE 7, CHAPTERS IE AND IF ANO TITLE 15 BY ll£PEALJNG AND ADDING NEW IICTIONS THAT ADDRESS POSSESSION AND SALE OF GIIAfFIT1 11A TERIALS AS WELL AS ,ARENTAL RE-UTY. tc:.n:1111111 No. :M) All~...-may·-· opinions In -11 Ille Public -...orln ....... lDllerwc- llr N City C.. lly 1:00 p.m. on JULY 11, 1•. _,.... M8111ng to ......... --...- -.. City ClellL'a Olllce, 30J.7&2· a.I, ID --,n111111M1r••••e11Ntwil __ .... __ ~A. Ells, CIICIAAE CltyC.. City ol &glowood --Ball SIINt E...-,COID110 .....-...... ,.. aaawao')-.Dt- JUDITH A. BLOE ME N • NOTARY PUBL!C : STATE OF COLORADO 1 ................. _..-...-.~-------- My Comm1s~1on '=1.=1n!S '1it25'2CC2 • .. ' ' . ) I •, .. • 0 32 • • • .. ,.,-· . • ./ .. 'i • BY AUTHORITY ORD1NA1 CE ~O. _ SERIES OF 1999 COUNCIL BILL NO. 43 INTRODU~ COUNCIL MEMBER 'J.011 f7 A BILL FOR AN ORDINANCE AMENDING TITLE 11 , CHAPTERS 1. SECTIO:s; 18. OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV L-\.'.'!E VIOLATIONS . WHEREAS , the current Section 1012, m the ~odel Traffic Co de doe s not ha\'e a section which prohibits violating the High Occupancy Vehicle Lane de s ignation ; and WHEREAS, in the past the City has cited violators for failure t o obe y an offi cial traffic control device with a four (~) pomt violation : and WHEREAS , the State of Colora do has amended High Occupancy Vehicle Lane Violations to be a zero (0) point offense for purposes of the Department of Motor Vehicles; and WHEREAS, it is necessary to amend Section 1012 of the Model Traffic Cod e to provide a more specific High Occupancy Vehicle charge ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon J. The City Council of the City of Englewood , Colorado hereby amends Title 11 , Chapter I , Section I , Paragraph B, of the Englewood Municipal Code 1985 by the addition of a new Subsection 12 , and renumbering the remaining Subsections accordingly , to read as follows : 11-1-1-B . The 1995 Edition of the Model Traffic Code is adopted as if set out at length, except for the following parts and sections of article I which are declared to be inapplicable to this Municipality and are therefore expressly deleted or amended: I. Penalty Assessments-The City does not use penalty assessments for traffic violations and therefore all references to penalty assessments and procedures dealing with penalty assessments in any article or section are expressly deleted. 2. Part 1, section 106 is amended to read as follows : Restricted Use Of Streets (1) The use of certain streets and roadways by motor-driven cycles, trucks or other commercial vehicles , bicycles , motorized bicycles and horse-drawn vehicles or other nonmotorized traffic shall be restricted or prohibited when authorized by the Traffic Engineer and when official signs giving notice thereof are erected. -1- ' ', • I A I • 0 - • t • • • • ' ,. i·r-• ;,.• • .. :· .... • -.. .. ... .. COUNCIL COMMUNICATION Date Agenda Item Subject An ordinance amending the Englewood Municipal Code pertaining to July 19, 1999 10 a i H .0 .V . lane violations Initiated By Department of Safety Services I Staff Source Division Chief Robert Moore COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance that will provide for more efficient enforcement of High Occupancy Vehicle (H .O.V.) lane violations, consistent with state law. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED H.O.V. lane violations are presently cited under the more general "obedience to official traffic control devices" section of the Model Traffic Code, resulting in four (4) -point driver's license assessments. Passage of this ordinance will provide specific language prohibiting H.O.V. lane violations, resulting in zero (0) -point driver's license assessments consistent with current state law. FINANCIAL IMPACT None UST OF ATTACHMENTS Proposed bill for an ordinance ,. . "· ,. ' .,, • I I . 0 2X ;. ] I ' • • 3 . 4 . 5 . 6 . 7. 8 . 9 . ·• • --• ,. / '• .; • -.. ... (2) F or t h e purpose of road co n truct1 on a nd mainte nance any s treet or portion the r eo f may , by action of tlus Muni ci p a lity or by agree me nt with oth e r con ce rned road agen cies. be te mpor a rtly closed t o through traffic or to a ll vehicular traffic during the work proJe ct. and the traffic affected s h a ll be guided along appropriate deto urs or a lte rnative r o utes by official traffic control devices. (3) When sign s are so erected giving notice of restrictions or prohibitions up on the use of streets. n o perso n s hall disobey the directions or ins tructions stated on s uch sign s . (4) The provisions of s ubsect io n(]) s hall not be construe d to prohibit the drivers of a ny excl uded velucles fro m traveling over s uch r estricted or prohibite d s treets , other tha n controlled-access roadways, for the purpose of delivering or picki n g up mate ria l s or merchandise or reaching the ir destinations which occ ur on these p articul ar s treets. provided u ch excluded vehicles e nte r s uch s treets at the intersection near est the destin a tion of the ve hicle a nd proceed thereon n o farther t h a n the nearest intersection thereafter. Part 2 . s e ction 203 l 'n safe Ve hicles -S pot Ins p ection s is deleted . Part 2 , section 22i(3)(b) Tinted Windows i s del e ted. Part 2 , section 236(8) Child Re s traint Systems (rega rding fin e) is de leted . Part 5 , section 510(l )(b) Permits for Excess Size and Weight a nd fo r Manufactured Homes is amended to read as follows: (l)(b) The application for any permit shall specifi ca ll y d escribe the vehicles and load to be operated or move d and the particula r highways for which the permit to operate is r e quested , and whether such permit is for a single trip . a s pecial, or an annual operation. a nd the time of such movement. All local permits s hall be issued at the discretion of the local authority through its Traffic Enginee r or d esignee . Part 5 , section 510(9)(b) Permits for Excess Size a nd Weight a nd for Manufactured Homes is amended to read as follows : (9)(b) This Municipality with regard to a loc a l permit may , through its Traffic Engineer or designee, revoke, suspend, refuse to renew , or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of this Municipality, or any standards or rules or regulation promulgated pursuant t o this section. Part 5 , section 511 Permit Standards is delete d . Part A, section 604(l)(c)(I) Steady Red Indication is a mended to read as follows: -2- ' . ~ . .. ) I • I 01 I l 1 . ] • • ,. ... • • • - .. . . (I) Vehicular traffic facing a s teady circular r ed si gnal a lone shall sto p at a clearly marked stop line but. if none , before entering the cross walk on the near side of the intersection or . if none . then before entering the intersection and shall remain standing until an indication to proceed is s hown ; except that: (A) Such vehicular traffic. after coming to a stop and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, may make a right turn, unless state or local road authorities within their respective jurisdictions have prohibited any such right turn and have erected a n official sign at each intersection where such right turn is prohibited ; (B) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop , may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn s hall be made only after yielding the right-of-way t o pede s tria ns and othe r traffic proceeding as directed . No turn s hall be ma de purs uant to th.i s sub-subparagraph (B) if local authorities ha\'e prohibited any s u ch left turn and erected a s ign giving notice of any s uch proh1b1t1 o n a t each intersection where such left turn is prohibited . 10. Part 8 section 805(5) Pedestrians Walking or Traveling 111 a Wh eelchair on Highways is amended to read as follows : (5 ) This Municipality may regulate the use by pedestrians of s treets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 42 -4-110 and 42-4 -111 , C.R.S ., but no regulation regarding such streets and highways m a manner differing from this section shall be effective unnJ official signs or devices giving notice thereof have bee n placed as required by section 42-4-111 (2 ), C .R.S . 11. Part 10, section 1010(3) Driving on Divided or Controlled Acce s s Highways (regarding limiting use) is amended by deleting the phrase "by ordinance consistent with the provisions of section 43-2-135 (l )(g), C.R.S . ... ", in the first sentence. 12 . SECTION 1012 . HIGH OCCUPANCY VEHICLE LANES rs AMENDED BY THE ADDITION OF A NEW SUBSECTION (3): ·HU3. +3.14. (3) NO PERSON SHALL DRIVE IN A DESIGNATED HIGH OCCUPANCY VEHICLE (HOV) LANE IN VIOLATION OF THE OCCUPANCY OR TIME RESTRICTIONS POSTED ON THE OFFICIAL TRAFFIC CONTROL DEVICE . DESIGNATING SUCH HOV LANES TRAFFIC CONTROL DEVICE. Part 11 , section 1101(2) Speed Limits is amended to add a new subsection: (i) Fifteen miles per hour in any alley . Part 11, section 1102(5) Altering Speed Limits is amended to read : -3- • ... 0 I • 0 H .15 . H.16. ~.17. • H.18. • -i-&.19 . .. /II _.,,.-~• • '• .. . . • • ' ' (5) In its discretion. this Municipality may impose and enforce stop sign r egulations a nd speed limits . not inconsistent with the pro,;sions of sections 1101 to 110-l , up on any way which is open to traY el by moto r vehicles and which is privately maintained in mobile home parks, when appropriate sign s giving noti ce of s uch enforcement a re erected at the entrances to s uch way s. Section 1202 Pa rking or Abandonment of Ve hicle s the phrase "o utside of a busi ness or residential di strict ... " is deleted . Part 12. sectio ns 1205(2) and (3) Parking a t Curb or Edge of Roa dw ay are amended to read: (2) Except as a uthorized by the Traffic Engineer or hi s/her d es ign ee , every vehicle stopped or p a rked upon a one -way ro a dw ay shall be so stopped or parked parallel to the curb or edge of the r oa dw ay m the direction of authorized traffic movement, with its right-ha nd wheels within twelve inches of the right-hand s houlde r or with its left-hand wheels within twelve inches of the left-hand s houlder or with its left. hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-ha nd shoulde r. (3) The local authority may, through its Traffic Engineer or de s ignee , permit angle parking on any roadway; except that a ngle par king shall not be permitted on any State highway unless the De partment of Transportation has determined by resolution or ord er e nte r ed m its minutes that the roadway is of s ufficient width t o permit a n gle parking without interfering with the fr ee move ment of traffic. Part 12 . section 1208(3)(b) and (c) Parking Privileges for P e r son s with Disabilities are amended to read: (b) The owner of private property available for public u se may request the criteria and format information for official handica pped parking signs from the City Traffic Engineer concerning the installation of official si gns identifying parking s paces reserved for use by per so ns with disabilities. Such a request s hall be a waive r of any objection the owner may assert concerning enforcement of this section by peace officers of any political subdivision of thi s Sta t e, and s uch officers are hereby authorized and empowered to so enforce tlu s section, provisions of law to the contrary notwithstanding . (c) Each parking space reserved for use by persons with disabilities whether on public property or private property shall be m a rked with an official upright sign, which sign shall be stationary, identifying such parking space as reserved for use by persons with disabilities. Part 14 , section 1401(1) Reckless Driving-The last sentence, "A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42·2·1 27, C.R.S." is deleted . Part 14 , section 1401(2) Reckless Driving-Penalty is deleted . -4- I • 0 - • • • .- H .20 . JW.21. H .22 . ff.23 . 1!3.24. lM-.25. %.26 . ll-6.27 . .. • • l• ·-·~ • -' ... Part 14 , sect io n 1-102(1) Car e le ss Driving-The last sentence , "A perso n convicted of careless driving of a bicycle or motorized bicycle sh a ll not be s ubj ect to the provisions of section 42-2-127 , C.R.S." is deleted . Part 14 , section 1402(2) Careless Driving-Pe nalty is d ele ted . Part 14 , section 1409 Co mpulsory Insurance is amended to a dd the following s ubsections : (7) Upon conviction thereof, the defendant shall be punished by a fine of not less than one hundred dollars (S l00.00) nor more than five hundred dollars ($500.00), and, in addition, the court may impose imprisonment for not more than one hundred eighty (180) days . The fine imposed by this section sha ll be mandatory , and the co urt shall not suspend said fine . in whole or in part, unless it is established that appropriate insurance as r equired under sections 10--1 -i05 a nd 10-4 -7 16 . C .R .S . has been obtained . (8) Upon a second or subsequen t co n n ct10n under tlus ect10 n within a period of two (2) year followi n g a prio r co n viction unde r this section, the defendant s hall be pumshe d by a fi ne of not le s than two hundred dollars (S200 .00) nor mor e than five hundred dollars ($500.00). and, in addition . the co urt may impose impnsonment in the county jail for not le s tha n te n (10) days nor more than one hundred eighty (180 ) da ys. The fine LDlposed by this section shall be mandatory , and the court s hall not uspend said fine , in whole or in part, unless it is established that approp n a t e ins urance as required under sections 10-4 -705 and 10--1 -716 , C .R .S . has been obtained. Part 14 , section 1412 Operation of Bi cycl e and Other Human-Powered Vehicles is amended to add the following u b ection s : (12) The parent of a ny child or guardian of a ny ward s hall not authorize or knowingl y permit an y child or ward to violate any of the provisions of this sectio n . (13) It is unlawful for a ny perso n to do any act forbidden or fail to perform any act required in this article . Part 17, section 1701(3) Traffic Offenses Classified-Schedule of Fines (regarding fine schedules) is deleted . Part 17, section 1709 Penalty Assessments is deleted . Part 17 , section 1710 Failure to Pay Penalty is deleted . Part 17, section 1716(1) Notice to Appear or Pay Fine-Failure to Appear- Penalty is amended to read as follows : (1) For the purposes of this code , tender by an arresting officer of the summons shall constitute notice to the violator to appear in court or at the Violations Bureau within the times and dates specified on such summons. -5- . ' .. . ' • I • 0 . ]- • t • l!-T.2 8. .. • . . .. .. • •• ... ' Part 17 , section 1717 Conviction-Attendance at Driver Improvement School-The phrase "located and operating in the county of the defendant's residence and ... " is deleted. Sectjon 2. Safety Clauses The City Council. hereby finds , determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health. safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . Seyerabj)jty If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances sh all for a ny reason be adjudged by a court of competent jurisdiction invalid. s uch 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 AU 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 modjficatjon The r e peal or modifi cation of an y provision of the Code of the City of Englewood by this Ordinance shall not relea se , 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 6. Penalty Proyjsjon . The Penalty Provisions of E .M .C. Section 1-4-1 s hall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 19th day of July , 1999. Published as a Bill for an Ordinance on the 23rd day of July , 1999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk -6- • : ... . ' ' ' . ) I • C, 32X - .. • )• 11 . ~ .•. •. .. !' •·' .. • •• ... I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, here by 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 19th day of July, 1999. Loucrishia A. Ellis -7- '· . ., ', .. I • 0 32X - • • • ,... •.. .. . . • --.. BY AUTHORITY ORDINANCE NO.~ SERIES OF 1999 COUNCIL BILL NO . 16 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE REPEALING TITLE 7, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO BURGLARY PREVENTION. WHEREAS , the issue of building security requirements , including door s a nd 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 dopted ; and WHEREAS , to avoid confusion and conflicting requirements, this Chapter s hould be repealed; NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD . COLORADO, AS FOLLOWS : $ectjon 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 . Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No . ~ Series of 1999 , on the 23rd day of July, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- .. 10 bi ) I • 0 32X - • • .. ~ --• I• t", -.I' .. ' .. ' .. • -.. .... 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- ' 8 .,_ .. ', .. ... 1 I • 0 32X - • ,· ORDINANCE NO. "_32 SERIES OF 1999 • ,•. .. • •• BY AUTHORITY .. .... COUNCIL BILL NO. 32 INTRODCCED BY COUNCIL ME~IBER BRADSHAW AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE CO UNTY. 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 Co unty at the May 12 , 1998 meeting ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ectjon 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. Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No .~ Series of 1999, on the 23rd day of July, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- ., ,. .. 10 b i 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 the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999. Loucrishia A. Ellis -2- ., ,. .. \ • .. ' I • 0 32X J- • ,. / ',• .. ,1,0\1 "· (J UIT C l.,\li\l ll EE IJ l 'IIIS IJ F.f.U, ~-bile 111 ,, 11:n·••I hct•«n /\JU\P/\II OE COIHl'l'Y C:0 1,()IU\DO • • • • -.. . IY98 . .. 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V i c krey . n R C h airman o f l h e Uuurd ttf C1 ;u 11 l y Cn1111111:;r.·011£'tr. of A rapa h oe C l.lunly , Co l.u rad o 0 11d Do n ella llav LU no11, U!l Clc,k 111 L1 1c IJ 1,11tl My C0111mi.<i ,tclll c•rirn /)'if/I l, / cJ..000 a . W11nc.,, my hanll anti ,1l lic 1al ,;cal ....... , '' :' .. ' ' ·::~;~· . J{& 'ifr(A~ cl jvWij-· ... ' .. q ·--~ ~{/- .. /,,,''. -~i~ ;:~~r~ - • • • .:.~ ,.,,r•' --·-------·'."' - ..._ UJ. .... ).II. QUIT Cl.MM -.,a ......., .............. 110W.'"'S1 .l~o.f'IIM1UZ -j WI H .,,. l \flll -l n , . ' ., ~ ~ ' ~ « ... ) I • 0 .. ,...., .. ., • ·.] ~-., . ' .. • -... 0 ~ ze· . ,..~ IYa. tO ,, 129 ~ g te l5 ' a ol! ~ , · .. !~@ Ill 0 ~ I 9.' • ~ • 0 121 A't'E. C . om~' ,. I h~ IB 'I I 12 I , I •tQtp .. ··._t--~ ~r --·•·------'.... •· . t . . ••... -"'c ;, .., •••w ,.:. ... "'" - ( • • • ·• • .. • - .... BY Al"THOR!TY ORDINANCE NO. 3i_ SERIES OF 1999 COuNC lL BILL :-JO . 3i 1:-.J TROD CCE D BY COL'NC lL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 12 . CHA PTER IB , SECTION 10 . OF THE ENGLEWOOD M U TICIPAL CODE 1985. PERTAl:sll:siG TO FIRE HYDRA NTS . WHEREAS, in the pas t problems h ave arisen due to una uthorized person s taking water from fire hydrants; and WHEREAS , there have been damages r es ulting fr om us ing improper connect10n and fittings , as well as revenue lo s t from unco lle cte d fees ; and WHEREAS, the propose d Ordinance will prohibit fire hydrant use e xce pt by pe rmits issued by the City; a nd WHEREAS, the permits would be iss ued to co mpan ies or 1ndiv1duals tha t are ab le t o de monstrate knowledge of proper h ydrant operation: and WHEREAS , the permit will allow the water to be taken through a meter at a de s ignated hydrant using a backflow assembly: and WHEREAS , the Englewood Wa ter and Sewer Board re vie wed this issue at their meeting in October, 1998 and recommends Council approval; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU:--ICIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Sectjon 1. The City Co uncil of the City of Englewood. Co lor a do h e reby a mend s Title 12, Chapter lB, Section 10, of the Englewood Municipal Co de 19 85. to read as fo ll ows : 12-IB-10: CONNECTIONS TO FIRE HYDRANTS: Ne eef!Heetiefl s hell ee 1H11e.e ie efl~ Me k~e.r11flt CONNECTION TO FIRE HYDRANTS IN THE CITY OF ENGLEWOOD SHALL BE PROHIBITED except by a n employee of the City for Mumcipal purposes OR BY AN OFFICIAL OF ANY FIRE DEPARTMENT OR DISTRICT FOR FIRE SUPPRESSION OR EMERGENCY P URPOSES . ~ Direeter ef Utilities THE CITY MANAGER or fttSfAef' designee may authorize. BY A PERMIT, exceptions when necessary to me et emergencies OR WHEN A COMPANY OR PRIVATE INDIVIDUAL, WHO IS ABLE TO DEMONSTRATE THE POSSESSION OF PROPER EQUIPMENT AND KNOWLEDGE OF HYDRANT OPERATION , REQUIRES THE TEMPORARY USE OF LARGE AMOUNTS 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 GALLONS OF WATER (10 ,000), AND THE CU RRENT PER THOUSAND GALLON -I - • IO b iii ) I • 0 • • • • • -• •' J·!.._, .. . ) • -~ " ~ CHARGE FOR ANY Ai'vIOUNT OF WATER TAKEN OVER TEN THOUSAXD GALLONS . Sectjon 2. Safety Clauses The Ci t y Co uncil , her e by finds , determ ines . a nd declares that this Ordinance is promulgated under the general police pow e r of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance is ne cessary for the preservation of health a nd safety and for the protection of public converuence and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legi slative object sought to be obtained. Sectjon 3. Severabj)jty If any clause , sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for a ny reason be adjudged by a co urt of competent jurisdiction invalid . s uch judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Sectjon 4 Inconsjstent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Section 5. Effect of repeal or modjficatjon The repeal or modificati on of any provision oft.he Code of the City of Englewood by this Ordinance s hall 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 such provi sio n . 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 , a nd prosecutions for the enforcement of the penalty, forfeiture , or liability , as we ll as for the purpose of sustairung any judgment, decree, or order which c-.an or may b e 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. Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No . ~ Series of 1999, on the 23rd day of July, 1999 . ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk -2- • r · ... ... I • 0 32X - • • ,. • ./' •· .. • • •• ... I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, h er eby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final re a din g and published by title as Ordinance No ._, Series of 1999 . Loucrishia A. Ellis -3- • • I I • 0 32X • • .. " ,,.-. • .. • • .. ., BY AUTHORITY ORDINANCE NO .~ SERIES OF 1999 COL''.'l CIL BILL NO . -l-l I'.'lTRODt;CED BY COUNCIL MEMBER BRADSHAW A.N ORDINANCE APPROVING AN INTERGOVERNME'.'lT . .\L 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. WHEREAS , pursuant to the Uniform Electio n Code of 1992, governm ental entities are encouraged to cooperate and consolidate elections in order to reduce taxpaye r expenses ; and WHEREAS . the City of Englewood has participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995 , 1996, 1997 and 1998; and WHEREAS . Arapahoe County and the City of Englewood have determined that 1t is in the best interest of the taxpayers and the electors to conduct a coo rdinated ele ction for the November 2. 1999 election; and WHEREAS , the Colorado Constitution Article X, Section 20 . requires the prod uction of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englewood ; and WHEREAS , the TABOR notices of several jurisdictions are to be sent as a package where jurisdicuons overlap ; and WHEREAS. there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutiona l secuon : and WHEREAS , the County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and if nece ssary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sectjon ) : The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is attached hereto as "Exhibit I." 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 the Agreement for and on behalf of the City of Englewood . -I - ... 'I 10 b iv I • 0 . ]- • • • .. • . ( ... • •• 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. Read by title and passed on final reading on the 19th day of July. 1999. Published by title as Ordinance No .~ Series of 1999, on the 23rd day of July, 1999. A'ITEST: Thomas J. Bums, Mayor 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- • ' . .. • r I • 0 • • • •' .. ~ ,,,--· • , .. .. • • ' DiTERGOVER."IME:\T.U. AGREE:.VIE::"JT FOR COORDL'IATED ELECTIO!\'. ARAPAHOE COl~TY NO\"'DIBER 2, 1999 (Election and L\BOR ~otice) .. ... This Intergovernmental . .\greement is entered inro by and between the Board of C ounty Corru:ussioners of the County of . .\rap~oe, State of Color:;.do acd the . .\::i.paho e C ounty C lerk and Recorder (nereinafre: j oir:t!y :efe=red to as :he ··Cou..,:y··) :md the City of Englewood Vv1fEi:li . .\S. pursuant to the Cniform E lectio n (Jde o:· 1992. as a.rne:ided. governrnent:i.l entities are encouraged to cooperate and consolid:i.re elections in orde: ro reduce taxpayer expenses : and WHERE . .\S. the C ounry and the City of Enclewood dete:mined that it is in the best interest of the u.xpaye=s and tl:e electors to conduct a Coordinated Election on ::--ove mber 2, 1999; and \VHEREAS. the Mail Ballot E lection Act (Articl e 7.5 of T itle I , CRS) permits the use of mail ballot for cenain elections; and VlHEREAS, the Colorado Constituti on, Article X, Section 20. (the Taxpay er's Bill of Rights Amendment or ''TABOR Amend.mot") requires the production of a mailed noti ce (''TABOR Notice") concerning certain ballo t issues that will be submined to the electors of the County and the __ c=i..::t"'y"""""o""f...._.E..,n...,g.a...l""e .. w,._"'o"'o.,,.d~------; and • .. E X E I B I T 1 ' ,. .. " ., ' I • 0 • • ... •' • • • .. .. ' ... ... WHEREAS. the TABOR ;>iotices of se•:e:al jurisdictions are to be se:it as a pacbge where jurisdictions overlap : and WHEREAS. there should be county-wide coordination of the production and mailing of the TABOR Notice package to effectuate the ;,urposes of said constitutional section: and WHERE_.\S , t.lie County and the Citv of Enalewood desire to set fonh their respective responsibi.iti es for the :oordinated election and for the productio n and mailing of the TABOR ;>iotice package purs:iant to the Intergovemme:ital Agreen:e:11. ?-,;OW , THEREFORE. IT IS AGR;~:) by th e Cou:::y ar.d the _C=i..:t ... y-=oa.:f:.....;E,o;n~a-=l..:eccwc::o::..:o::..:d=-----as folio\,·;: 1. The ;>iovember 2. 1999. elec tio n s:-.all be c::md ucted as a coorc·r.ated ma: ballot election in accord:a..Tice \\ith ,he l"nirorm Election Code of 199: ( . .\:!icles 1-! 3 o : Title 1. CRS) and TABOR Ame:1d..rnent. The election partic:pants shal l be required to execute agreeme:1.ts with Arapahoe Cowity for this ;:,u.-pose ar.d ma:: include munic ipaliti es within the . .l..:apahoe County limits: sc::i.oo i distric~s wit.fun the Arapa.lioe Cou:i.ty limits anc: specia· districts within the A:apaho e County limits and the State of Colorado . 2 . The November 2, 1999. election shall be conducted as a mail ballot election by the County \\ith the use of ball ots and electronic vote-counting equipment . 3 . The Arapahoe County Clerk and Recorde: shall be designated as the Coordinated Election Official and the City of Ena le wood hereby ide:itifies the City Clerk as it's Designated Election Official . 2 ., ... • J , ) I • 0 32X - .. ,,-. • .. ./ ,. ~.:·. . . / • •• ... ., 4. The County shall ;,erform the following tasks in relation to said election. to wi : a. Negotiate an agreeme:it with Sequoia Pacific Systems Corporation 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 Election Official for proofre:iding before authorization to begin printing of all ballots . c. Certify the complete nt:nber of registered electors ""ithin the Arap ahoe County portion of the Citv of' En g l ewooc no late, than October 13. 1999. d. P:-o\·ide su;,port on the caie o:· the ele.:::or. by re!ephone and in ;,e:-s or:. should the need ar:se. u::til coumir.g of ~he ::,allots is comp leted. e. Pro\ide unofficial res.lit;; or :he election or. election night by tele;,hone .:>r by facsimile transmittal upon :-:quest. f. '.\-[aintain a list of ac:ual Yote::; from the :-Sovember 2. 19 99. e lection. anc. upon request. ge.:ie:-at: a pr.nted list of the persons who vote d fol!O\\ing the election . The cost \\ill be S.005 (1 ,2 cent) per name. g. Determine the "lea.st cost'' method for mailing the TAB9R 1\otice package. Nothing herein shall preclude the County from sencfu:.g the TABOR ~otice or notice package to pe:-sons other than electors of the City of Englewood if such transminal arises from the County's efforts to mail the TABOR Notice package at the "lea.st cost". 3 ' . .. \ .. . ... I . '-,, • I • 0 32X - • • .. ~ --· • ). . :-",. .. . . .. • -.. h. Include the __ c:..1._· t~y._o_f....::E_n""g~l:...e:...w_o:...o:...d~---text, as \Vri tten and in the order submitted, in accordance "-1th the TABOR Amendment requirements for the T . .\BOR ~orice requirements for the TABOR ~otice. i. Store all voted ballots for a minimum of 6 months. and al other mater:als required by law to be saved in such a manner that they may be accessed ·::,y the participating jurisdic :ion. if necessary, to resolve any challenge or other legal questions that might arise regarding the election. J · Tne County shall kee;, a care:ul and accurate accolh,ting or ri."Tie. supp li es . pr:nting costs ar.d ;alaries ac;butabie to the County·; ad.--:-.:.n.istrat ion of the elec:ion for the JU::Sdic:io n. The partic:par:::g jurisdicno:c.s proportional share of ac~l :osts shall be based on County expendi:-zes relative to the ~ovembe:: :. 1999, election. including prorated share of TABOR ~orice. k. Appoint. compe,,sate. insrruc: and ove:-see the Board of(an\·asse::s. !. Appoint. compensate. insrruc: and oversee the Judges of Election. m . ~o late~ than 20 days pri or to the election, pro\·ide the participating jurisdiction no less t)lan 10 sets of each "test deck·· o f the jurisdiction· s ballot style(s) to allow for testing of electronic vo te counting equipment . n . Enforce Fair Campaign Practices Act (Article 45 of Title 1, CRS ) as it relates to the November 2, 1999 election. o. Provide 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 • 0 32 • I• •,. ... '"4 ,. • • .. .. " 5. The _....:C:.i::.· t;:.v..;_.:::o-=f--"'E"'n""a""l:..::e::..:w::..:0::..:0::..:d=---------shall perform the follo\,ing tasks in relation to said election, to wit: a. Certify the list o f candidates, ballot issues and/or ballot questions of e1ch ballot issue or question on a diskene in ~crosoft Word 9 i format along \\-1th a paper copy of the ballot content no late:-than 4:00pm on Septe:nber 8, 1999. The ballot content must be cenified in the order in whic:i it \\1 .. appe:ir on the ballot. The certified list of car.didates . ballot issues and or b allot questio ns shall be final a.rid the C ounr, v.ill not b e ~esn onsi:-ie for ma.\(:na a.ri,· cham!es after the c erc incation. b . Within one day of re:eipt. proofread the layout and the tex: er the jurisdictions portion of L'ie official ballots befo re authorizing the printing of all ballots . c. The city of Englewood is to publish all required legal notices for the jurisdi::ions candidates and ballot questions. i..,cluding :he notice that is requi:ed by CRS 1-5-::05. that is published no lat er than :o days before the e lection. October 13. 1999. which cove:-s all pertinent information required by statute. A copy of such published legal noti ce shall be subrnined to the County for its records . d. Prepare, hand-count and deliver to the County Cle::k, 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, 5 • ..: . . ', , I I • 0 I • • J '- • .. • / ..... ,,._ • - ... and all other election expenses described in Sec:ion 4 G,k.l). Toe current estimate of costs is S.65 pc:-ballot. to be shared by all participating jurisdictions. f. Comply ~ith the pro\isions of the l."ni.for:n Election Code of 1992 (Articles 1-13 of Title l , CRS ). and the time guidelines schedule as anached hereto as these relate to the :--:0\·e::1::ier :. 1999 election. Toe Citv of Enqlewood shall noti:y the Counry o f any exception no later than 29 days prior to the e ie::ti on. g . The process oi re::ei \·ing w::nen com.-.ie::ts a.'ld su.-.:mari::.::2: suc:i comments. as required by Se:::ion 20 oi . .\r.ici e X of the Co lor:ido Constirution is the so le responsibility of the Distric t. h . Recei ving of pe,ition re;:resenrative·s summary of comments is the responsibility of the Disr:-ic:. 1. The Di strict shall certi:y a final and exact te:CT anc: summary of comments conce::ning its ballot issues to the Coumy, on diskene formaned in Microsoft Word 9-along with a paper cop y 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 Constirution. The certified text and summar• of comments shall be fi,'lal and the Count" win not be responsib)e 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 •, . ' . ' ' 0 I • 0 • • • 6. The .,. . I• •,, ... ~ • I .. • • .. • •• .. issues and'or ballot questions as cerriiied to the County for inclusion in the November 2, 1999 Coordinated Election . k . Submit to the County a copy of the ;,arricipating j urisdiction map v.ith the list of county precincts, which correspond to the County no later than July 2i, 1999 . 1. Remit payment to the County v.i thin 60 days of billing for th e pror:ned cost of the preparation and maiiing of the TA.BOR ~otice package . m. Orde~ and de!iYer a ce~i:ied copy of the prope::ty own e~·s tis, for the .......:C:..:1:;..· t=-'-'-=co..::f--=E=-an.:..;q...;l:..e::.w=oc.::o:..=d::..._ _____ • (i: de emed :ipp lic:ibie ). n. Deliver all requests for abse:nee ballot s to the Counr:: for proces:;ing . Such requests shall be deii\·ered or .axed dai lv to the . .1..:::.pah oe Coun:y Clerk and Recorde:. City of Enalewood aYers that it has sufnc :ent fur:ds available in its approved budge! to pay it:; prorat ed election expenses for the ~oYen:be~ 2, 1999 Coordinated Election. i. l."nless otherwise agreed in writing, this IntergoYe:r,me::ital Agreement 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 court of competent jurisdiction to be unconstirutional or othen\'ise null and void, it is the intent of the parries hereto that the remaining provisions of this Intergovc::mnental Agreement shall be of full force and effect. 7 ' ' . , .. I • 0 - • • --• ./ ,.. :,.. !'.·· > , .. .. .. · ~ ... • •• ' ' .. 9. Notices to be pro ... ided under this Intergovernmental Agreement shall be given in writing either by hand delivery or deposit in the t:nited States mail, certified mail, return receipt requested, 1i1,ith 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 otheI'\'loise altered unless mutually agreed upon in writing by the parties hereto . 11. Anachments: The attachments on the follo"ing page (s) are a pan of thi s agreement. ' ,. ' • ,. ) I • 0 8 32X . ]- • .. • • -.. DATE : ------- ARAPAHOE COL~"TY BOARD OF COl'NTY COl\lCvIISSIONERS Steve Ward, Chaiiperson ATTEST : AR.\PAHOE COt';li"TY CLERK A.'ID RECORDER Donetta Davidson. Coordinated Eie::tion Official DATE : -------- .. .. Jl"RlSDICTIOr,i :,.;A .. \i!E : ________________ _ By=-------------------------- Title: ________________________ _ ., , . .. . , .. I . 0 9 - • t • • • ~ ,.,..- • "'· • -.. ADDE:'<ll>lTM A ~TIRGO'VER."''iMEl'iTAL AGRIEME:'<IT FOR COORDINATED ~Lil BALLOT ELECTION AR.\P.-UIOE COL;'IT\. NOVElIBER 2, 1999 (SCHOOL DISTRICTS ONl. Y) .. ... ... Tne County shall perform the following tasks in addition and :elatior: :o said e:.:::tion : All aspects of the pe,iti on process, disnibution :o and collec :ion from candidates. ar:d the verification of signar..res . 1. Provide candidate packets which include : Candidate information (guidelines) Petitions Fair Cawpaign Prac:ices Act forms 2 . Verify candidate petitions. issue the !enc: oi suEic :enc y to candidat es ~d to the desig:iated election official of 'die sc:100 ! d:scict. 3 . Work in conjunction \\1th the schoo l districts on all protests of sufiicie:::.c:: or insufficie:icy . 10 ,. . .. ,. .. .,, ' ... ' .. • I . 0 32X -.,. RESOLUTION NO . :1J SERIES OF 1999 ... .. .. • • •• .. .. ... JDc' A RESOLUTION AUTHORIZING A CONTRACT FOR THE ART IN PCBLIC PLACES PROGR..\."1 BETWEEN THE SOCIETY FOR THE PRESERVATION OF HUMANITY AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City Council of the City of Englewood passed Resolution No . 42 . Series of 1998, which recommended annual funding for an "Arts In Public Places Program": and WHEREAS . the Englewood Cultural Arts Commission has been in the process of evaluating and selecting potential art for placement in Englewood Parks and recommend s the approval of this Contract: and WHEREAS, the "Contract" between ·'The Society For The Preservatio n Of Humanity'' and the City is for the establishment of a sculpture garden with ten sculptures , which sha ll include a minimum of three sculptures by Colorado artists , a long Little Dry Creek Greenwa y east of the plaza for a period of two years: and WHEREAS, the Contract states the Society will only pl ace sc ulptures app rove d by the Englewood Cultural Arts Commission and the City ; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Section 1. The Contract. for "The Art In Public Places Program" betwee n the City and the Society for the Preservation of Humanity, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to execute and the City Clerk t o attest and seal the License Agreement for and on behalf of the City of Englewood. Colorado . ADOPTED AND APPROVED this 19th 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 ia a true copy of Resolution No.~ Series of 1999. Loucrishia A. Ellis '· ' ,. ', ... I • 0 .]- 1 • • ,.,---~----------------------------· • • •• .. COUNCIL COMMUNICATION Date Agenda Item July 19, 1999 10 Ci Initiated By Staff Source .. ... ., Subject Agreement for Art in Public Places Program Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution #42, Series 1998 recommending annual funding for an arts in public places program for the City of Englewood. RECOMMENDED ACTION Staff recommends that Council approve the attached resolution allowing for an agreement between the City and the Society for the Preservation of Humanity to provide art in public places. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cultural Arts Commission has been in the process of evaluating and selecting potential art for placement in City parks. In January 1999 the Commission recommended acceptance of the agreement between the City and the Society for the placement of ten sculptures along the Little Dry Creek Greenway east of the plaza, for a period of two years. FINANCIAL IMPACT The 1% of capital project funds approved by Council for 1999 is $15,384. The agreement calls for the payment of $11,200 for the installation and maintenance of ten sculptures approved by the Cultural Arts Commission. UST OF ATTACHMENTS Proposed Resolution Contract document ,. . '> • . ' .. ', . ' I . 0 3 .]- • • I, / RESOLUTION NO . !lL SERIES OF 1999 --· • • •• .. .. A RESOLUTION AUTHORIZING A CONTRACT FOR THE ART IN PUBLIC PLACES PROGRAM BETWEEN THE SOCIETY FOR THE PRESERVATION OF HUMANITY AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood passed Resolution No. 42, Series of 1998, which recommended annual funding for an "Arts In Public Places Program"; and WHEREAS , the Englewood Cultural Arts Commi.aaion has been in the process of evaluating and selecting potential art for placement in Englewood Parks and recommends the approval of this Contract; and WHEREAS, the "Contract" between "The Society For The Preservation Of Humanity" and the City is for the establishment of a sculpture garden with ten sculptures, which shall include a minimum of three sculptures by Colorado artists, along Little Dry Creek Greenway east of the plaza for a period of two years; and WHEREAS, the Contract states the Society will only place sculptures approved by the Englewood Cultural Arts Commission and the City : NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. The Contract. for "The Art In Public Places Program" between the City and the Society for the Preservation of Humanity. attached hereto as "Exhibit A." is hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to e:i:ecute and the City Clerk to attest and seal the License Agreement for and on behalf of the City of Englewood . Colorado. ADOPTED AND APPROVED this 19th day of July, 1999 . I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Co rado, hereby certify the above ia a true copy of Resolution No.~. Series of 1999 . Loucrishia A. Ellis .. .. . I a I • 0 I . J~ • • .. ,. --• ' ,. , . . :f, .. , .. ". • -.. ... ~ CONTRACT THIS CONTRACT is made and entered into this /f~y of~ , 1999, by and between the CITY OF ENGLEWOOD, a Home Rule c ·~g under and by virtue of the laws of the State of Colorado, whoee legal address is 3400 South Elat i Stre et, Englewood, Colorado 80110, hereinafter referred to as the "City" and THE SOCIETY F O R THE PRESERVATION OF HUMANITY hereinafter referred to as the "The Socie t y .'' WHEREAS, the Society has submitted its proposal to the City in Novembe r of 1998 , for the creation, and construction of a sculpture garden (a collection of two or more sculptures placed outdoors in close proximity) to be placed in park or open space areas of t h e City of Englewood, Colorado. WHEREAS , the City has elected to accept the proposal of t he Society , as prop osed a nd presented to the City ; WHEREAS, the City and the Society mutually d esire to e nte r into t h is Contra ct r e garding the estabwhment of a sculpture garden; NOW , THEREFORE, for the consideration here in expressed 1t is he r e by agr eed up on by and between the City and the Society as follows : 1. This Contract shall be for a period of two (2) years from the date of the co mpletion of the installation of the ten (10) sculptures and acceptance by the Ci t y of the sculptures subject to annual appropriation. Any provision of this agreement or its attachments which impose upon Grantee , directly or indirectly, any financial obligation whatsoe ver to be performed or which may be performed in any fiscal ye a r s ub seque nt to the ye a r of execution of this agreement is expressly made contingent upon and s ubiect to funds for such financial obligation be appropriated, budgeted and otherwise m a de a va ilable. 2. 3 . This Contract is renewable for additional periods of two (2) years by mutual agreement of the parties at least thirty (30) days before the termination of this Contract. If either party fails to fulfill any obligations of, or violates any of the terms of this Contract, the other party shall have the right to terminate this Contract with thirty (30) days written notice . Any money owed by the City shall be pro-rate d based on the percentage of performance . Acts To Be Performed By The Society : 1. 2. The Society will provide ten (10) sculptures for display in the Sculpture Garden(s) which shall include a minimum of three (3) sculptures by Colorado artists who shall be selected from a call for entries conducted by the Society . The Society agrees to only place sculptures approved by the Cultural Arts Commission and the City of Englewood. .. .... .. ) I • 0 J ... " .--- • '!'.,, .. • • .. 3. The Society agrees that the City has the right to deny approval of any sculpture for any reason. 4. After installation, if the Englewood Cultural ArtA Commisaion dete.rmines any piece of sculpture to be unacceptable, the Society will remove the piece within seven (7) days of notification whether verbal or written, the actual coat of removal and installation of the replacement piece shall be paid by the City, from the Art in Public Places Fund, not to exceed five hundred dollars ($500). 5. Sculptures shall be installed within ninety (90) days of the signing of this Contract by the City. 6. The Society shall transport, and install, and shall provide necessary security pedestals, identification plaques, maintenance and repair for the ten (I 0) sculptures at its sole cost. 7 . The Society's plan for installation procedures and methods; safety measures and maintenance procedures will be submitted to the City for approval before the commencement of installation. 8 . The Society agrees to remove graffiti pursuant to the provisions of the Englewood Municipal Code . If the Society has not removed the graffiti after notice pursuant to the Code , the City may remove said graffiti and the Society shall pay for the costs of the removal. The City shall not be respons ible for damage to sculptures as a result of graffiti removal. 9 . The Society agrees to resolve any public safety issues within twenty-four (24) hours of notification. either verbal or in writing, by the City . If the Society fails to repair the danproua condition or the graffiti within the twenty-four (24) hours, the City may make any repairs it deems necessary up to and including removal of sculpture with the costs of such repairs paid by the Society. 10. The Society will prepare and provide to the City 500 brochures for publicity purposes . Said brochures shall describe the Sculpture Garden Sculptures and Artists. This brochure may, but is not required to be , reproduced by the City. 12. Society agrees that the City shall not be responsible for any vandalism. theft, or other damage to the Sculptures, plaques or supporting bases. 13. The Society shall maintain liability insurance coverage in the amount of $1,000,000, for the duration of the project. 14. The Society agrees to participate in the ceremony which opens the Sculpture Gardens. 15. The Society agrees to hold harmless the City from any and all liability associated with the display of the sculpture after installation. Acts To Be Performed By The City: 1. The City shall pay the Society for their services and other obligations required to be performed under this Contract including to but not limited to providing the sculptures and setting up and maintaining the sculptures. The total amount that the City shall -2- ' . 0 I • 0 • • ... ~ ,,-·· • '·~ .•' . . ... • -... .... ~ pay under this Contract will be eleven thousand and two hundred dollars ($11 ,200). The payment shall be in the following manner: six thousand and two hundred dollars ($6,200) upon the signing of this Contract; two thousand five hundred dollars ($2,500) upon the completion of the installation of the sculptures to the City's satisfaction; and two thousand five hundred dollars ($2,500) at the end of the first year of this t wo (2) year contract. 2 . No sculpture shall be placed in the Sculpture Gardens without having bee n approved by the Englewood Cultural Arts Commission and the City of Englewood. 3 . Selection of sculpture pieces shall be at the sole discretion of the City . 4 . The site or sites for Sculpture Garden will be at the sole discretion of the Ci t y , so lon g as such eite(s) is in a City owned park or open space. 5 . The City shall not alter, move or remove the sculptures or the informat ion pla que , n or place any obstacle which might block the view of the sculpture without the wntte n permission of the Society except in cases of public safety. 6 . The City shall notify the Society of any changes in use or developme n t on or n ear the site of the Sculpture Garden. SOCIETY FOR THE PRESERVATION OF HUMANITY CITY OF ENGLEWOOD By~~~~uJ.B~~,ay~or ~ u1·Ju,,,...,.,,,.J"· ti~ -3- • ' . ' ' ... . , ) I • 0 2 • • .. p • \-.• .. • -' ... ' C Me-. DATE......,., 8/4/99 PIIOIIUCi9' • I nsurance Management Syste111S, Inc. 7936 E. ArapahQe Court. Suite 2900 Englewood, CO 80112 -A Penn America I n surance ---• co .... The Society for the Preservation of BUll&Dity 151 1 s. Jackson Street D~n ver, CO 60210 -C -D THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED 11ELOW HAVE BEEN ISSUED TO THE INSURED NIIMEO ABOVE FOR THE POI.ICY PERIOD INDICATED. N01WllliSTANDN3 ANY REQUIREMENT. TEAM OR CONDIT10N OF Nff CONTIW::T OR OTHER DOCUIIIENT Wffii RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE 1NSUMNCE AFFORDED BY THE POUCIES DESCAIED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS NfO CONOmONS OF SUCH POLICIES. UMITS St«-MAY HAVE BEEN REDUCED BY PAID ClAIIIIS. --- ----__..._,.., THE PIIOl'AIETOIII PNffllEAIIIEXECU OFFICEll8 AIIE , - TBA -------DA11!......,., DAW......,., 8/4/99 8/4 /00 !BODI.YIU ... I BODI.Y- (l'w- ..... I '• STA T\ITOA'f I.MTS .--: • POLICY I.MT .--: · EACH EMl'l.OYEE I DaClll'nDIIO,C111111i111G11M.OCA.,... •ncLB....:IM.,,.. Lo cat i on o f Park: South Broadway and Hampden Ce r tif ica te Holder added as Additional Insured Ci t y v i Ea glewood 3400 Sou:h Ela ti Street En glewoo d, CO 80110 At t ,.; G.t r y .tt..ulcburg ----------CAM:II.LID -1NE --DATE-. --~-w.L --TO MM. _]Q_DAft--TO--TE---T01NE ..-T, llff P-.... TO ---'--NO --OIi ~ ---"--.ns-OII-A'IMS. . \ . .. ' . ' ) I • 0 2 • RESOLUTION NO. LJ SERIES OF 1999 .. . ,{ .,, .. • .. • •• ;De) 1 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO TO FILE AN APPLICATION WITH THE U.S . DEPARTMENT OF COMMERCE : ECONOMIC DEVELOPMENT ADMINISTRATION FOR A GRANT WHICH WILL F UND THE DEMOLITION OF THE EXISTING ENGLEWOOD CITY HALL, S URRO U NDI NG ROADWAY AND PARKING LOTS . WHEREAS , the City of Englewood desires to apply for funds through the Economic Development Administration for the purpose of assisting in the funding of demoliti on of the existing Englewood City Hall, surrounding roadway and parking lots ; and WHEREAS , the proposed funding will create vital connections between the ne w CityCenter Englewood redevelopment and the South Broadway comm ercial co mdor ; and WHEREAS , the U.S . Department of Commerce: Economic Development Adm1ru stra t1 on provides funds to communities which exhibit economic need for financial ass istance ; a nd WHEREAS , to compete in the Economic Development Adm irus tration gr a nt prog r a m the City of Englewood must submit an application; WHEREAS, the City of Englewood has received a notice of fund availabilit y ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY CO UNCIL OF THE C ITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The City of Englewood , Colorado is hereby authorized t o file an application for U.S. Department of Commerce : Economic Development Adm inistration for the purpose of assisting in the funding for demolition of the existing Englewood City Hall . s urrounding roadway and parking lots. Sectjon 2. The Mayor and City Clerk are authorized to sign and attest all nece ssa ry forms , documents, assurances and certifications for the application for U.S . Department of Commerce : Economic Development Administration for and on behalf of the City Council and the City of Englewood . ADOPTED AND APPROVED this 19th day of July, 1999. Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk ~ •. ' . .. ' ... • I • 0 32 .] • • • .. ~ ,,.-· • I'< . / .. . . • .. -' ' COUNCIL COMMUNICATION Date Agenda Item Subject U.S. Economic Development Administration : July 19, 1999 10 C ii Public Works and Development Facilities Program Initiated By staff Source Art Scibelli, Business Development Coordinator Neighborhood and Business Development Daner, l-lolngs,M)r1h, ~ De.,eq:mert Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community/ Economic Development: Support the redevelopment of CityCenter Englewood. Community/ Economic Development: Leverage City resources through grant funding . RECOMMENDED ACTION Staff recommends that City Council authorize the City Manager to execute all application materials for funding assistance from the Economic Development Administration (EDA). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED EDA provides grant funds to communities that exhibit economic need for financial assistance. Funding will create employment opportunities and enhance the economic condition of the City by redeveloping the area adjacent to the former Cinderella City shopping mall. The purpose of the proposed grant is to provide funding assistance for the demolition of the existing City Hall , surrounding roadway, and parking lots. Additionally , the project will create vital connections between the new CityCenter Englewood Redevelopment and the South Broadway commercial corridor . This is accomplished through the design and construction of a new roadway that links the new development to the established South Broadway commercial corridor . Grant funds will assist by providing logical connections between the two commercial areas by enhancing continuity along the new roadway. The potential development of commercial pad sites further reinforces the commercial connections and is a vital component in this project. FINANCIAL IMPACT ~ EDA requires that the City..provide 50 percent matching funds in the form of cash or in-kind contributions to meet program requirements . The proposed project is $2 million, which includes $1 million in local matching funds . The required matching funds would need to be budgeted for year 2,000 in the Five Year Capital Improvement Budget -Public Improvement Fund . The proposed grant from the EDA leverage City resources and provide funding necessary to enhance the CityCenter Englewood redevelopment and its connection to South Broadway . LISTOF ATTACHMENTS Proposed Resolution Project Summary Statement Location Map • ,. ' . •, ' ~ .... ) I . 0 - • • -• ' , .• "I / \I ''' ~ '.l .. " . .. . • -' .... I, Loucrishia A. Ellia, 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 • • Project Description "· .. ·~ .. ,. --· • • - Summary Statement CityCenter Englewood -Phase II Redevelopment 0 Englewood desires to create employment opportunities and enhance the economic condition of the City by redeveloping the area adjacent to the former Cinderella City shopping mall. This project consists of the demolition of the existing City Hall, surrounding roadway , and parking lot. Additionally. the City desires to create vital connections between the new CityCenter Englewood Redevelopment and the South Broadway commercial corridor. This is accomplished through the design and construction of a new roadway and turn- around , linking the new development to an established commercial corridor. Logical connections will be made between the two commercial areas by enhancing continuity in connectivity and design along the new roadway and South Broadway . The potential development of commercial pad sites further reinforces the commercial connections and is a vital component in this project. The project area comprises the development of a minimum of 52 ,000 square feet of various tenant uses , which support the critical elements of a transit oriented development (TOD). 1 The proposed funding from the EDA will be used in conjunction with funding form the City of Englewood to demolish existing structures and prepare the site for the lead developer. The development involves a mix of commercial tenant speculative space . At a minimum , 52.000 square feet of commercial development will occur on the Phase n site with a minimum of 130 net new jobs. 2 The ultimate goal of this project is to promote economic stability and growth through the creation of jobs and tax revenue on a site that will be abandoned with the redevelopment of the former Cinderella City shopping mall. EDA funding is instrumental in enhancing the City's economic development program in the following areas : • Create vital connections between the CityCenter Englewood redevelopment and the City 's aging commercial corridor, South Broadway . • Create and retain jobs in Englewood . • Expand and maintain the commercial base to stabilize the underlying economy . • Promote business which utilize available labor skill s. • Leverage private sector, local. state, or other federal funding sources . Budget Estimate: Construction Proiect Bud2et Estimate Demolish City Hall -Asbestos Abatement 330,000 Utility Relocates 145,000 Landscaping (public right-of-way) 196 ,000 Demo parking lot, grade and fill for drainage 336,000 Construction Activities : Roadway. Roundabout , Pad Sites, and Downtown 498,000 Improvements Engineering and Construction Asministration 235,000 Contingency 260,000 Total Project Cost $2,000,000.00 1 Commercial development area is based on the enclosed CityCenter Englewood Conceptual Plan . This estimale represenls a minimum level of redevelopment to occur on the Phase II site . The City anticipates that the development will be similar to the Conceptual Plan. however, the project area may support as much as 70,000 square feet of commercial development under the current zoning regulations . 2 ITE Manual. Employees Per 1,000 Commercial / Industrial Square Feet. Regional businesses 400 square feet per employee. From the previous EDA Title IX L TED grant, 750 new jobs will result on the adjacent 51 acre Cinderella City site . This results in a total net gain in employment of 895 new jobs . -• •. . ' I • 0 .. . • ,,,-. ., • t • • . , .. . .. • • I • - ... 0 _ _J :' .' • • 0 ·---~------------------------ • • 3 ..... • • • / .. .. FIGURE 1 Standard Form -124 .. • • • • APPLICATION FOR FEDERAL ASSISTANCE 0MB "PPl'oval No. 03400"3 . J111v 20 IQQQ 1-- n. ""Ol' IUllasleN, • :L OATI ~ 11'1' ST~ s----· I --·--Cc...,..-.,, • ~ c.,,,r,,,JC::cn ._ __ .., __ _.. ............ I Cl """-con..r-.c~ L~-IIUTICN ...__ Cirv of En<>lewood ..... _ .. ______ ---= City of Englewood; Arapahoe County State of Colorado 80110 1.-.=-ra----/EM/: 1 1,""0,,~ ic:t-cc..-c- l o-A.--·-~-c.-o..- I I Qi•-•._ Neill:hborhood S. Bus . De veloomed I ____ ., ____ .,, ___ -------Arthur Scibelli 303-762-2318 Darren Hollingsworth 303-781-81 75 1 ••• ...-a1or--1:1__.._....,,.... .. az, @ &.S- I . :.OW,,,,. c.-c . .__ E.-F--G.SNca:ua,c: H -· Sc:,ool Oil:. I. Scaec.n.--., .._ 1.....-g ~--"-K. ...,T,.. L-.. -~ N 00er :5-: -------- I I 1 , _____ .,., ... : u 1 C.:i-a-o-0.... ,_;. J '· 11&11£ OF FC£.Ul. AGL'C:'· 1 De oar c~e~t of Comme r c = 1 Economic Deve_opmen t Adm1n1st ~a t ion j I ... c:.r.Tlw.QGQII~~----' I"· ~-:TTUC"..,..!,;~··c:..£~, I I j,---1,---1,---,1 CityC ent:r En glewood Redevel op men t : t I Grants for Public 1 1 -3 O O 11) Dem olition of Ci t v Ha , Ro adwa y , a nd ~l __ r.:._ .. ~~~w_o_r_k_s_s._E_c_o_n_om_i _c ___ • __ m_e_i_c ___ --l· parkin ~ l o t 5 I l,z. &111.LS~l'l'~ie-.c:..-.-.oc:: •2 ) Con s truction o: pub li i n f r ast r uc :ur e 1 ut ility r elo cates , r cadwa~ a nd dr aina,e . t:L~~ /•&.CQJNGMIP++LmOI', ls.,o.. Jc._:.. ,.__ Pending EDA Ap rv l ~ Distri c t 6 Di s tri c t 6 / •S. IS':llU.TC -.-..:. 1 ... • .w-o..:c.i.':"ICOI s,..,u:.-TD 1!£11£« n ~.: mc::nw 011CP 1 1~ .. ~~~------,-,-------------s---i t::r.:PIICCZSS" I ! 1 , 00 0, 000 . • YU n,15 ~~~·~'C,:,,,CNIAl"".:::.t.TlON w,.s IUCE All.......a&..: I Is oo TC '"-E ST•7: ,x.:::..m-e ,:;;::£~ ,z:r.:? aROC::;SSl'CII I l .000 ,o oo. l;f";F,v ON I I' ,_ .. .-, I s .00 o. NC ::X P~;w,,SNCTc::v£~11YE.O.,z:sn •. er., ' ~ .00 c OR PROG..w H.1S NCT ae11 ~ BY sm: FOR 1 ; REVIEW .. .......,_ ' 00 .. 17. B '11e Alll'uc:.aNT:lEl.1Cl,Dl'CNMff-QESn I 1-TCT.:.i. ' .00 =Y• I ..,__ • alllC't a, tlDllf8DI'\. ~-2,000,000 ta. TC ~ llr. OF ll'r IUCWI.IDGI ANO liUE'. AL:. :IATA IN TMIS UPl,."C.l~t.;::n:cN Alli 'MIUE &ND c::>AIIECT, 'nil __,,,. MAS / -:lULY auntOIIIZCI IY '11e GOVENNG IIOOY 0, lMIE -UCAHT &NII THE ..,..UC,IHT WIL.:.. CCII•~, Wl7H TIE &TT.M:HID -·-• M I ---·-... -· a.T,-,..,,,.olAl.l1"1Dnn4~• 1•T• l:.T_,..._ I Thomas J. Ru-a Mnu--303-762-32 IO c. S.,,...oor-....oc-.. 1·· Cllu 5pll I Jul v 20, 1999 I • 0 • • ·,· RESOLUTION NO . Jj_ SERIES OF 1999 ,, • .. • • A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD . COLORADO TO FILE A.\I .-\PPLICATION WITH THE DRCOG 2001-2006 TRANSPORTATI O:-l IMPROVEMENT PROGRAM FOR A GRANT WHICH WILL F .ND SANTA FE LA:s/DSCAPI. G-PHASE II. SOUTH BROADWAY STREETSCAPE. SIDEWALK INSTALLATION IN THE BLOCKS OF 3000-3600 WEST BELLEVIEW AVENUE AND 3000-3 400 SOUTH t.::-.:JVERSITY BO ULEVARD . WHEREAS , the Englewood Public Works Department desires to apply for funds through the DRCOG 2001-2006 Transportation Improve ment Program for the purpose of assisting in the funding of the following projects: Santa Fe Landscaping -Phase II South Broadway Streetscape Sidewalk Installation -3000-3600 West Belleview A"enue Sidewalk Installation -3000-3400 South University Boulevard WHEREAS , applications for Federal Trans portation Funds are soli cited by the De m·er Regional Council of Governments (DR COG) ever y two years: and WHEREAS, this years applications request funding are for the years 200 1-2006 a nd require local matching funds of 20%; and WHEREAS, the projects submitted must implement the improvements co ntained m the 2020 Re·gional Transportation Plan and meet the specific eligibility r equireme nts fo r the funding category requested ; and WHEREAS, DRCOG , in cooperation with the Colorado Department of Transportation, is charged with the preparation of the Transportation Improvement Program (TIP); a nd WHEREAS the TIP prioritizes regional projects for Fe deral Transportation Funds available through the Transportation Equity Act for the 21" Ce ntury (TEA-21); and WHEREAS, TEA-21 replaced the Intermodel Surface Transportat10n Efficiency Act (!STEA); and WHEREAS, these four projects were applied for in the previo us TIP cycle for 1999-2004 with DRCOG scoring them just below the cut-off for funding ; and WHEREAS. DRCOG and COOT have proposed an amendment to the TIP recommending funding for the two sidewalk projects in 2003-2004 ; and WHEREAS , DRCOG requires a resubmittal for the projects to re affirm City of Englewood's local matching funds are available ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ., • 0 I • 0 • • / .. • 1 ; ~ .. . .. • ., DRCOG 2001-2006 Transportation :Improvement Program Recommendation Form 1 .. ... APPLICANT IDENTIFICATION PROJECT RECOMMENDATION StJMMARY FORM (One Form Per Applicant) SPONSOR AGENCY: CITY or BNGLBWOOD Chief Administrative Officer (signs submittal letter ): Name : QARY SBARS Title : CITY IIAIIAQBR Phone: 762-2506 Agency TIP Technical Co ntact Person: Name: DAVXD IIDDBRSOII Title: SPSCIAL PROJSCTS COORDIDTOR Address: 3,00 s. IILATI ST. City: SIIGLIIIIOOD Phone: 762-2506 State: ~c~o~·-___ Zip: 80110 Fax: 789-1125 Total Match Project Name TIP Cost Funds Status (1,000) ($1,000) 1. SAll'l'A I'S LARDSCAPING -PJIASB II NBW 501 100 2. SOUTH BROADNAY STUBTSCAPB NBW 615 123 3. 3000 -3,00 SOUTH UIIIVDSITY SIDBWALltS NBW us 29 4. 3000 -3600 1fBST BBLLBVJ:Blf SIDBWALltS IIBlf uo 28 TOTAL PROJECT COST 1,,01 280 LOCAL MATCH CERTIFICATION: (All projects must be certified by the official authorized to c o mmit funds , i.e., Mayor or Chairman of the Board of County Commissioners.) I, , certify that I have reviewed the applications of the projects listed above and that the matching funds have or will be committed for these projects. These matching funds do not include past expenditures . Name: Date : ___ _ Title: -------------------------------- ., I • 0 • • .. -· • .. • -.. " COUNCIL COMMUNICATION Date Agenda Item Subject July 19, 1999 10 C iii TEA-21 Applications Initiated By Staff Source Public Works Ken Ross , Director of Publ ic Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Leverage City funding resources through grant funding . Previous Council Action: Council authorized applications for these projects in the pre vious funding cycle . RECOMMENDED ACTION Staff seeks Council approval of a resolution authorizing the resubmittal of the following applications for the 2001-2006 Transportation Improvement Program : 1. Santa Fe Landscaping-Phase II 2. South Broadway Streetscape 3. Sidewalk Installation -3000-3600 W. Belleview Ave. 4. Sidewalk Installation -3000-3400 S . University Blvd . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Applications for Federal Transportation Funds are solicited by the Denver Regional Counc il of Governments (DRCOG ) every two years. This years applications request funding for years 2001-2006 . Projects must implement the improvements contained in the 2020 Regional Transportation Plan and meet the specific eligibility requirements for the funding category requested. Projects require local matching funds of 20%. DRCOG, in cooperation with the Colorado Department of Transportation (COOT), is charged with the preparation of the Transportation Improvement Program (TIP). The TIP prioritizes reg ional projects for Federal Transportation Funds available through the Transportation Equity Act for the 21 " Century (TEA-21). TEA-21 replaced the lntermodel Surface Transportation Efficiency Act (ISTEA). These four projects were applied for in the previous TIP cycle for 1999-2004. DRCOG scored all four of these projects just below the cut-off for funding. Recently, DRCOG and COOT have proposed an amendment to the TIP recommending funding for the two sidewalk projects in 2003-2004 . DRCOG requires a resubmittal for the projects to reaffirm our local matching funds . • . ' > I • 0 • • / _ ....... FINANCIAL IMPACT The estimated costs for these projects are as follows: Santa Fe Landscaping-Phase II South Broadway Streetscape Sidewalk Installation -3000-3600 W . Belleview Ave . Sidewalk Installation -3000-3400 S. University Blvd. .. • --• • ., Total Cost $501 ,000 615,000 140,000 145.000 $1 ,401,000 .. ... City Match $100,000 123,000 28,000 29,000 $280,000 .. As projects are selected for Federal participation , funding for the City Match will be requested through the F"IVe Year Capital Plan (FYCP). UST OF ATTACHMENTS Proposed Resolution DRCOG Project Recommendation Form '· ., ..: I • :, I· 0 32X -- ( .. --• ./ .. _ ..... • •• .. ... ., Sectjon 1. The City of Englewood, Colorado is hereby authorized to file an application with the DRCOG 2001-2006 Transportation Improvement Program for a grant which will fund Santa Fe Landscaping · Phase II . South Broadway Streetscape, and sidewalk installation in the blocks of 3000-3600 West Belleview Avenue and the 3000-3400 South University Boulevard, attached hereto as "Exhibit A", by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and City Clerk to attest and seal a ll necessary forms , documents, assurances and certifications for the DRCOG 2001-2006 Transportation Improvement Program for and on behalf of the City Council and the City of Englewood, Colorado. ADOPTED AND APPROVED this 19th day of July, 1999. Thomas J. Burns. Mayor A'ITEST : 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 32 • • ./ .. ~ ,,..--:: • ' . .. • -.. DRCOG 2001-2006 Transportation Improvement Program Recommendation Form 1 .. APPLICANT IDENTIFICATION PROJECT RECOMMENDATION SUMMARY FORM (One Form Per Applicant) SPONSOR AGENCY: _ __:C.,.,llY..:....:O=F_.E=N..:.:G::.:L=E..,,W..,.O:.;O:aD"'--------------- Ch ief Administrative Officer (signs submittal lett er): Name: THOMAS J. BURNS Title : MAYOR Phone: 762-2506 Agency TIP Technical Contact Person : Name: DAVID HENDERSON Title: SPECIAL PROJECTS COORDINATOR Address : 3400 S. ELATI ST. City : ENGLEWOOD State : CO. z ;o : 80110 Phone : 762-2506 Fax : _7~8~9'"""·1 .... 1=2=5 ___ _ Project Name 1. 3000 • 3400 SOUTH UNIVERSITY SIDEWALKS 2. 3000 • 3600 WEST BELLEVIEW SIDEWALKS 3. SANT A FE LANDSCAPING · PHASE II 4. SOUTH BROADWAY STREETSCAPE TOTAL PROJECT COST Tota l T IP Sta tus Cos t RESUBMIT RESUBMIT NEW NEW (1,000) 145 140 501 615 1,401 Ma rc:i Funds {S1 .0 0 0 ) 29 28 100 123 280 LOCAL MATCH CERTIFICATION : (All projects must be certified by th e offic ial authorized to commit funds , i.e .. Mayor or Chairman of the Board of County Ccmmiss ioners .) I, Thomas J. Burns , certify that I have reviewed the applications of the project.s listed above and that the matching funds have or will be committed for these projects . These matching funds do not include past expenditures. Name :----------·-----------Date : ___ _ Title : M, " ' ' . ... l t ) I . 0 • • .. ~ --· • l• ... ... • .. -.. ... COUNCIL COMMUNICATION Date Agenda Item Subject July 19, 1999 10 C iv Discharge Permit Renewal Technical Assistance INmATEDBY STAFF SOURCE Littleton/ Englewood Wastewater Treatment Supervisory Committee Stewart H. Fonda , Director of Utilities Charles J. Caudill , Process Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The action recommended is to approve, by motion, discharge permit renewa l techn ical ass istance with Carollo Engineers in the amount of $65 ,300 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Code of Regulations requires renewal of wastewater treatment plant discharge permits every five years. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) is due for permit renewal and recommends technical assistance to assure appropriate discharge permitting in the best interests of the Cities . The proposed project would assess water quality issues to determine the best permitting approach, as well as to determine appropriate permit limits/requirements . The project would also evaluate wastewater treatment alternatives to comply with potential new permit requirements and provide technical assistance during permit negotiations . Water quality and related issues to be addressed in the project are: service area growth; facility loading; river flow criteria; ammonia; nitrate ; phosphorus; dissolved oxygen; metals, toxicity and others. These issues will require technical assessments and modeling to develop a successful permitting approach and to assure appropriate permit requirements . Qualification statements to perform permit renewal assistance were requested from five consulting firms in the Denver area. Based on the information received, three firms were identified as possible candidates : Brown & Caldwell; Camp.Dresser and McKee; and Carollo Engineers. Interviews with each firm were conducted. Carollo Engineers presented the most complete package of permitting strategy, technical expertise and successful permitting experience with the Water Quality Control Division of the the three firms interviewed . A final contract and contract price was negotiated with Carollo Engineers and is presented for approval. The Littleton/Englewood Wastewater Treatment Plant Supervisory Committee reviewed the contract and recommends approval of the proposed project. FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton. LIST OF ATTACHMENTS Contract for Colorado Discharge Permit System, Renewal Assistance • • " .. I • 0 • • , . ... ,,.. . • • - • .. ' .. ' . AGREEMENT FOR PROFESSIONAL SERVICES Project No. 4908A.OO This AGREEMENT made and entered into this __ day of , 1999, by and between Littleton /Englewood Wastewater Treatment Plant (UEWWTP , hereinafter "OWNER") and Carollo Engineers , A Professional Corporation , (hereinafter "ENGINEER"). WITNESS ETH: WHEREAS , OWNER and ENGINEER wish to ent<!r into an agreement (hereinafter "Agreement") for the furnishing of Engineering Services in connection with Uttleton /Englewood Wastewater Treatment Plant (UEWWTP) Renewal Assistance -Colorado Discharge Permit System (hereinafter "Project"), and WHEREAS, ENGINEER is qualified and prepared to perform the necessary profess ion al serv ic es in connection with the Project . NOW THEREFORE . in consideration of the mutual prom ises and covenants of th e part ies hereto . 1t is agreed as follows : SECTION 1 -PROFESSIONAL SERVICES 1.1 ENGINEER shall provide professional engineering services in all phases of the Project to which this Agreement applies. The services furnished by the ENGINEER will be defined by Task Orders which will set forth the Engineer's Services , Time of Performance, and Payment. 1.2 It is intended that each Task Order, after execution by both. parties shall become a supplement to and a part of this Agreement. SECTION 2 • PAYMENT TO ENGINEER 2 . 1 As consideration for providing the services referred to in Section 1 , the OWNER shall pay ENGINEER on the basis to be established in the Task Order for Services. 2 .2 The ENGINEER is not responsible for damage or delay in performance caused by events beyond the control of ENGINEER. In the event ENGINEER 's services are suspended, delayed or interrupted for the convenience of the OWNER or delays occur beyond the control of ENGINEER , an equitable adjustment in ENGINEER 's time of performance and cost of ENGINEER 's personnel and subcontractors shall be made. 2 .3 OWNER reserves the right to direct revision of ENGINEER's services as may be necessary. When ENGINEER is directed to make revisions under this section of the agreement. ENGINEER shall advise OWNER of the probable costs involved in completing engineering services and the time of performance for such completion . 2 .4 In the event OWNER and ENGINEER cannot agree on equitable compensation for services rendered in making revisions . then , at OWNER 's option, ENGINEER H\CliotOIUEng_DEN\Praject#\corvact.wpcl(REV 08/28/11) Page 1 of 5 . ' ) I • 0 • • 2 .5 2 .6 2 .7 / .. , .. ' ' .. shall either continue performance under the revised Agreement and an equitable adjustment in ENGINEER 's time of performance and cost of ENGINEER 's personnel shall be made at completion of the revised work or ENGINEER shall not be obligated to continue performance under this Agreement. If revisions of the project documents are required by reasons of ENGINEER 's error or omission, then , in that event. OWNER 's exclusive remedy for such errors and omissions will be limited to revisions made by ENGINEER without additional compensation . The ENGINEER shall bill the OWNER monthly indicating the services performed and the cost of such services . OWNER agrees to pay invoices within 60 days of their date. Payments not received by ENGINEER within 60 days shall be considered delinquent and subject to a finance charge of 1 percent per month for each month unpaid after the date of invoice. ENGINEER may suspend services should an invoice remain delinquent for 90 days from date of invoice . All notices, invoices and payments shall be made in writing and may be given by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to the designated responsible person or office: TO OWNER : Dennis Stowe, Manager L/EWWTP 3900 S . Platte River Drive Englewood, CO 80110 TO ENGINEER : Carl P. Houck Carollo Engineers , P.C. 320 lnterlocken Parkway , Suite 125 Broomfield , CO 80021 .. ,. -· • .. • •• .. ... and when so addressed . shall be deemed given upon deposit in the United States Mail , postage prepaid . In all other instances , notices and invoices shall be deemed given at the time of actual delivery . All payments are to be mailed to the address stated on the face of the invoice . SECTION 3 • MISCELLANEOUS 3 .1 The OWNER shall furnish the ENGINEER available studies , reports and other data pertinent to ENGINEER 's services ; obtain or authorize ENGINEER to obtain or provide additional reports and data as requ ired ; furn ish to ENGINEER services of others requ ired for the performance of ENGINEER 's services hereunder, and ENG INEER shall be entitled to use and rely upon al l such informatio n and servic es prov ided by OWNER or others 1n perf ormin g ENG INEER 's serv ic es under th is Agreement. 3 .2 The OWNER shall arrange for access to and make all provisions for ENGINEER to enter upon public and private property as requ ired for ENGINEER to perform serv ices hereunder. 3 .3 Documents , including drawings and specifications , prepared by ENGINEER pursuant to th is Agreement are property of the OWNER but are not intended or represented to be suitable for reuse by OWNER or others fo r this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by ENGINEER for the specific purpose intended will be at OWNER 's sole risk and without liability or legal exposure to ENGINEER. 3 .4 The ENGINEER maintains , at its own expense , Worker's Compensation and Employers Liability , Comprehensive General Liability , Automobile Liability and Professional Liability policies with limits at or above that which is reasonably H'IClienl\l.ilEng_DEN\Projocl#\conlract .wpd(IIEV Ol/21/NI Page2 of 5 .. ,. ', ~ . ' ( ) I • 0 .. -· • 1• / :-· .. .... • • I - ... required of other engineering firms and will , upon request , furnish insurance certificates to OWNER. 4 .3 Hazardous materials or asbestos may 3.5 A project notebook , containing all exist at a site where there is no reason to calculations used to complete the Project, believe they could or should be present. shall be maintained during the course of The ENGINEER and OWNER agree that the project. Two (2) copies of the the discovery of unanticipated hazardous notebook shall be furnished by materials or asbestos constitutes a ENGINEER to the OWNER at the changed condition mandating a completion of the project. renegotiation of ENGINEER's services . SECTION 4 -LEGAL RELATIONS 4.4 The ENGINEER has no control over the cost of labor, materials , equipment or 4.1 The ENGINEER shall be responsible for services furnished by others , or over professional negligence which is the Contractor's methods of determining exercise of skill and ability as ordinarily prices , or other competitive bidding or required of engineers under the same or market conditions , practices or bidding similar circumstances . The ENGINEER shall not be responsible for warranties , strategies . Cost estimates are based on guarantees . fitness for a particular purpose ENGINEER 's opinion based on or breach of fiduciary duty and shall only experience and judgment. ENGINEER indemnify for failure to perform in cannot and does not guarantee that accordance with the generally accepted proposals , b ids or actual Project engineering and consulting standards . construction costs will not vary from cost estimates prepared by ENGINEER . 4 .2 ENGINEER agrees to indemnify and hold harmless, at its expense , OWNER and its 4 .5 The services to be performed by ) directors , officers and employees from ENGINEER are intended solely for the and against claims , loss , liability and benefit of the OWNER. No person or damages to which they or any of them entity not a signatory to this Agreement may be put or subjected to arising out of shall be entitled to rely on the or resulting from the performance of this ENGINEER 's performance of its services Agreement, which claim , damage , loss or hereunder, and no right to assert a claim expense is caused by the negligent acts . against the ENGINEER by assignment of errors or omissions of ENGINEER in the indemnity rights or otherwise shall accrue performance of its services : provided , to a third party as a result of this however, that ENGINEER 's liability under Agreement or the performance of the this subparagraph shall not result from or ENGINEER 's services hereunder. be attributable to : 4 .6 ENGINEER has taken reasonable actions • a . The negligence, conduct or lawful to examine statements made by product responsibility of the OWNER , its directors , and system manufacturers with respect to officers , employees , contractors or Year 2000 information technology subcontractors and all workmen and compliance and has not knowingly persons employed by them or otherwise specified a product or system identified under their control , or by the manufacturer as non-compliant. • ENGINEER has not and will not knowingly I b . Improvements to the project (betterment) specify non-compliant components or which are the lawful responsibility of systems identified by the OWNER or • 0 OWNER , whether or not engineering OWNER 's consultant as required to be related . Year 2000 compliant. For the purposes of this identification , Year 2000 compliant Page 3 of 5 • - • • .. ~ _.,-. • .. .. • - means that the information technology accurately processes date/time data (including , but not limited , to , calculating , comparing, and sequencing) from , into , and between the twentieth and twenty-first centuries , and the years 1999 and 2000 and leap year calculations , to the extent that other information technology . used in combination with the information technology being acquired , properly exchanges date/time data with it. SECTION 5 -TERMINATION OF AGREEMENT 5 . 1 This Agreement may be terminated in writing by either party for any reason , providing that no such termination may be effected unless the other party is given (1) not less than fifteen (15) calendar days written notice (delivered by certified mail , retum receipt requested) of intent to terminate , and (2) an opportunity for consultation with the terminating party prior to termination . 5 .2 If this Agreement is terminated in whole or in part by the OWNER for reasons of default by the ENGINEER a negotiated adjustment in the price provided for in this Agreement shall be made , however, no amount shall be allowed for anticipated profit or unperformed services . If termination for default is effected by the ENGINEER the negotiated adjustment shall include a reasonable profit. The equitable adjustment for any termination shall provide payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to obligations and commitments as a result of entering into this Agreement . .. " 0 SECTION 6 • ENTIRE AGREEMENT 6. 1 This Agreement , including. attachments incorporated herein by reference , represents the entire Agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the OWNER and ENGINEER. SECTION 7 -GOVERNING LAW 8 .1 This Agreement is to be governed by and construed in accordance with the laws of the State of Colorado . H\C-.ufng_DEN\Projec:1111 \conr,act.wpd(REV 08/28/118) Page4of 5 • ., I • 0 - l e r • • • • •••• .. ... ., .. ' ' IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement, with effective date the day and year !i rst above written . CAROLLO ENGINEERS, A Professional Corporation By ~i, rincipal By Ll~J6 / Principa( LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT By: Attest: Page 5 of 5 Stewart H . Fonda Director of Utilities • .. \ ', ' . . ) I . 0 32X • • -. • ,. ,,,-- • t , ., , . ., • • .. TASK ORDER N0.1 LITILETON/ENGLEWOOD WASTeNATER TREATMENT PLANT AND CAROLLO ENGINEERS , A Professional Corporation This Task Order is issued by the OWNER and accepted by ENGINEER pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the day of , 19_, in connection with : Renewal Assistance -Colorado Discharge Permit System . PURPOSE The purpose of this Task Order is to : authorize the ENGINEER to proceed w ith the project. ENGINEER'S SERVICES The ENGINEER'S services are outlined in Attachment A, "Scope of Work". SERVICES TO BE PROVIDED BY OWNER 1. Supply historical and projected influent flow and loadings to the UEWWTP. 2. Prepare a draft permit renewal application for the ENGINEER for review . After receiving ENGINEER'S comments, OWNER's staff will update application and submit it to CDHP&E. 3 . Develop and furnish documentation identified by the ENGINEER as discrepancies in the OWNER's existing site application package. After assembly of an updated version of the site application package by ENGINEER, OWNER will submit the package to CDHP&E and others . TIME OF PERFORMANCE ENGINEER's services shall start promptly after receipt of OWNER's acceptance of this Task Order and shall be conducted in an expeditious manner. Time of completion is dependent upon actions by the Colorado Department of Public Health and Environment (CDHP&E) and others, but will likely be sometime in the year 2000. PAYMENT Payment for services rendered shall be on a time and materials basis, based on the attached fee schedule, with a not-to-exceed limit of $65,300. H:\Client\LitEng_DENIProjectl\taskorder.wpd (REV 212/98) Page 1 of 2 ~ . , 0 ) I· 0 - • l • .. • ,,.-- • .. ~ , .. .. • •• .... EFFECTIVE DATE ThisTaskOrderNo .1 iseffectiveasofthe __ dayof ________ , 1999. IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the ENGINEER have executed this Task Order No. 1 evidencing its issuance by OWNER and acceptance by ENGINEER . CAROLLO ENGINEERS, A Professional Corporation By: ~1 ti~ --.;..~+--4~_.P~rin:;acaa.ip•a•I -..:=---- By a ud . t::{-- 1 Principal LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT By: Stewart H. Fonda Director of Utilities ' ' i' .. ... I· 0 32 • • • .. • • ..... ,. ·~ • -.. ATIACHMENTA SCOPE OF WORK COLORADO DISCHARGE PERMIT SYSTEM RENEWAL ASSISTANCE The ENGINEER's services to be performed are as follows : Phue One • Deciaion Workshop A project kickoff workshop will be conducted at the L/'cWINTP to review all appropriate information to be presented by the staff concerning the subject, in order to arrive at a decision whether to pursue obtaining a renewed permit (go) or delay application (no go) If the assumed consensus decision is a go, the remainder of the workshop will be used to focus subsequent work , namely to discuss the preparation of white papers and a modified permit application , and to discuss permit renewal strategy. The white papers are important not only as tools to allow informed decision-making, but also because they will form the bulk of the statutorily required formal permit record . This record not only is the basis for permit renewal but also can be accessed and referenced throughout the life of the permit (e .g., to ensure the permit is a shield defense , or to support the OWNER 's positions). Ph ... Two· Pl'!P!ration of White Papers, Permit Renewal and Amended Site Application t . White Paper Preparation The following white papers will be prepared : a. Current permit review , relevant litigation (Thornton litigation , TMDL litigation) b . Evolving regulatory direction -federal , state , local c. L/EWWTP influent flow and loading d . Receiving water low flow determinations -biological (DFLOW), required for human health e. f . Mixing zone decision impacts Probable new permit limits i. Boiler plate , rationale , BOD , SS , etc. ii . Metals iii. Nitrate -TMDL iv . Ammonia -Colorado Ammonia Model v . Dissolved oxygen vi. W.E.T vii. Monitoring only (Phosphorous . N02 , possibly others) g . Impacts on OWNER capital and operating costs for 3 levels of required denitrification Modeling for metals limitation in Segment 14 of the South Platte River, as well as for nitrate, and any proposed permit limits established as a result of TMDL modeling by C .U.R.E., will be accomplished under the direction ofDr. Lewis working for C . U. A. E. The ENGINEER will review with Dr. Lewis the model input data and assumptions and will review the output results , furnishing its opinion of the results to both Dr. Lewis and the OWNER 's staff. No modeling of these two categories of constituents will be accomplished under this agreement. Abbreviated white papers documenting the C.U.R.E. modeling results as they affect OWNER will be prepared . ~ --.. -·.--...., ___ --··--- ' ' .. . ~ • ) I . 0 2 •• j • .. ,. .,.. . • • - Modeling for potential ammonia permit li mitations will be accomplished by Dr. Lewis and Dr. Saunders under the terms of this agreement . using the Colorado Ammonia Model. The ENGINEER will review the model input data and assumptions . and will review the output results. The results will be incorporated into a white paper on potential ammonia permit limitations. Considering the policy determination by the CDPH&E Mix ing Zone policy committee, if the amount of dilution ftow allowed by the proposed policy is so restrictive for the OWNER as to require significant upgrades in treatment capabil ity to meet proposed effluent li mits , it may be advantageous to perform computational fluid dynamics (CFO) modeli ng on the stream and various effluent release configurations to identify , for permit negotiations , a more favorable dilution factor. Should CFO modeling by the ENGINEER be indicated , it will be authorized as a supplemental service. No modeling for Dissolved Oxygen (DO ) will be accomplished under the current terms of this agreement. The results of the modeling for DO accomplished earlier on Segment 15 , along with the proposed site specific stream standards for DO on that reach , will be d iscussed 1n a wh ite paper. Should modeling be indicated as necessary to determin e proposed effluent li m its or other measures for L/PNWTP to meet poss ible DO standards , the additional work w ill be authoriz ed as a supplemental service. 2 . White Paper Review and Finalization Drafts of the white papers will be furn ished as prepared to OWNER s staff for review One copy with consolidated red-line comments for each wh ite paper will be forwarded by staff t o th e ENGINEER , who will revise the drafts accordingly . Any meetin gs associated with the d evelopment or review of the draft white papers , other than conference calls , w ill be authorized as supplement al services. 3 . Permit Renewal Application Rev iew A draft permit renewal application will be prepared by OWNER 's staff. The ENGINEER will review the draft and furn ish written comments to the staff . who will update the application and submit it to CDPH&E . Any meetings associated with the review , or subsequent consultation t ime associated with the CDPH&E rev iew process , will be authorized as supplemental services . 4 . Amended Site Appl ication The updated permit renewal application , with a design flow of 36 .3 mgd , cannot be approved by CDPH&E without a supporting approved Amended Site Application for the same flow rate . The existing site application and supporting documentation by the OWNER 's staff, which was submitted for 36 .3 mgd but was approved for 32 mgd by CDPH&E letter of February 14, 1997, will be reviewed by the ENGINEER for completeness pursuant to the proposed resubmittal of an amended site application for 36 mgd . The existing site application package will be reviewed by the ENGINEER against CDPH&E Regulation No . 22 , effective April 30 , 1998 . Discrepancies , the need for updating of information , or lack of data will be identified to the OWNER , who will develop and furnish the required documentation to the ENGINEER , or will direct the ENGINEER to proceed with the appropriate material as furnished . The ENGINEER will assemble an updated version of the Amended Site Application and furnish one master copy to OWNER 's staff for submittal to CDPH&E and other review agencies . Any meetings by the ENGINEER with CDPH&E or others, or development and review of additional information associated with the Amended Site Application , will be authorized as supplemental serv ices . ) I • 0 - • • --• .. .. • •• .. Phm lhree · Permit Review and Neaoliatlone 1 . Permit Negotiations The ENGINEER 's team will provide active support to the OWNER 's staff during permit negotiations, including participation in 2 meetings or conference calls with staff or CDPH&E personnel as a prelude to formal permit review . 2 . Pre-formal Draft Review The ENGINEER 's team will conduct a line-by-line and word-by-word review of the pre-formal draft permit, including rationale , limitations , procedural requirements , standard conditions, industrial pre-treatment requirements , and monitoring /reporting requirements . 3. Formal Draft Review or Clarification The ENGINEER will review the formal draft permit and will assist the OWNER 's staff in preparing the formal comment letter submitted during the public comment period . If a public hearing is held on the permit application , participation by the ENG INEER in preparation for or attendance at the public hearing , or subsequent assessment of the results will be authorized as supplemental services . 4 . Follow-up Letters The ENGINEER will prepare drafts and review with the OWNER's staff up to two clarification letters for the permit record to document the position of the L/eN'NTP ' ., ,• .. \ . ) I • 0 - • • .. ~ ,,.... .. • I·!,, . ·~ .. ( • -... CAROLLO ENGINEERS, P.C. EnglneerslSc:lentlsts (EIS) EIS I EIS II EIS Ill EIS IV EISV EISVI EISVII EISVIII EIS IX, Principal Engineering Aides (EA) EAi EAII EAIII EAIV EAV EAVI EA VII FEE SCHEDULE As of May 1, 1999 Denver, Colorado Engineering Technicians (ET) ETI ETII ETIII ETIV ETV ETVI ETVII Support Staff Office Aides Clerical Computer Computer Equipment (PC) Word Processor (Processing Time) CAD (Processing Time) Travel and Subsistence MIieage Subconaultant Other Direct Costs !:lm!rli Rate $72.50 81 .75 91 .00 108.00 124.00 132.00 146.00 154.50 167.25 33 .50 61 .50 69 .00 75 .00 81.50 88 .75 115.25 42 .75 44.00 49 .75 55.50 62.75 73.75 90.00 30.00 41 .50 12.00 12.00 18.00 at cost .35/mile Cost+ 10% Cost+ 10% This fee schedule is subject to annual revisions due to labor adjustments . H:\CllenllLitEng_DEN\Pro,ectt\LlrlOwnorllH ochldute.wpd • • . ' • .... ~ ... I . 0 32 • • .. ~ -· • • • .. Level of Effort Colorado Discharge Permit System ~alAulstllnce .. ' 0 Dollars Carollo RMI Tad Foster W EA & CU Total PhneOne Decision Workshoo 2640 3960 4740 0 11 34 0 Phase Two Permit Material Preparation 1. White Paper Preparation a. Current Permit Review 150 600 750 b . Evolving Regulatory Direction 300 300 2000 2600 c . Influent Flow and Loading 1010 200 1210 d . Receiving Water Low Flow 450 1200 1650 e . Mixing Zone 300 1500 1800 I . Probable New Permit Limits 1. Boilerplate, rationale, BOD, SS 200 1710 1910 2 . Metals 150 700 CURE 850 3 . Nitrate 910 1800 CURE 2710 4 . Ammonia 450 1800 6610 8860 5. Dissolved Oxygen 600 400 1000 6. W.E.T 200 400 600 7 . Monitoring Only 150 400 550 g . Capital and O&M Costs -N03 levels 9600 50 9650 2 . White Paper Finalization 1600 3200 420 5220 3 . Permit Renewal Application Review 1000 1600 2600 4 . Amended Site Aoolication 550 1760 2310 Subtotal, Phase Two 17620 17620 2420 6610 44270 Phase Three Permit Review , Negotiations 1. Permit Negotiations 1200 3620 4820 2. Pre-formal Draft Review 750 1600 2350 3 . Formal Draft Review 400 1220 1620 4 . Follow-uo Letters 300 600 900 Subtotal, Phase Three 2650 7040 9690 Total 22910 28620 7160 6610 65300 level of effort.xis • . . " 0 • • • ORDINANCE NO. (/:a_ SERIES OF 1999 ,. • • - BY AUTHORITY .. ' COCNCIL BILL NO. 40 INTRODUCED BY COUNCIL :V!E:VIBER WAGGO!\'ER AJ.\/ ORDINA."1CE Al\'1£1'.1)1. ·c TITLE 3. CHAPTER 6, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERT . .\1~1:S-G TO THE . .\DOPTION OF AN • .\..\'!ENDED CITY OF ENGLEWOOD NO'.':E:VlERGENCY E'.\i!PLOYEE S RETIREMENT PLA N AJ.'ID TRCST. WHEREAS . this proposed Ordinance ame nds T itle 3-6. of the Englewood :Vluni cipal Code 1985 ; allows the amendin g of the Engle wood Nonemergen cy Retirem e nt Plan to comply with State Statutes , and Federal Gwdehnes and p r ovides a Defe rred Retirement Option Plan (DROP) be nefit fo r the partic1pants of this Plan: a n d WHEREAS, this proposed Ordi n ance provi des plan participants the optio n of participating in a Deferred Retirement Option Plan (D ROP): a nd NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COC'.',;C!L OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the Ci ty of Engle wood , Col orado h ereby a uthorizes amending Title 3. Chapter 6 , of the Engle woo d :\1un.i c1pal Code 19 8 5, adopti ng a n amended City of Englewoo d NonEmergency Employees Retirement Plan a nd Trust. which shall read as follows : CHAPTERS CITY OF ENGLEWOOD N01'.""E'.\1ER GE'.\C Y EMPLOYEES RETIREME'.\i"T PLA..'J . .\.Nl) TR CST AS AMENDED AND RESTATED EFFECTIVE JA:-rr:ARY 1,4-99-l-1999 3-6-1 : PURPOSE : Effective as of J a nuary l ,~ 1999, the Cit y Council of the City a dopted the amended and restated Plan, as set forth h erein, to continue and replace the Pl a n previous ly in effect. The Plan and Retirement Fund are intended to me et the requirements of Sections -lOl (a ) and 50 1(a) of the Internal Re venue Code of 1986, as amended . The Plan previously known as the "City of Englewoo d Retirement Plan" shall hereinafter be known as the "City of Englewood Nonemergency Employees Retirement Plan". The Plan and the separate relatea 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 . No part of the Retirement Fund can ever revert to the City except as hereinafter provided, or be used for or diverted to purposes other than the exclusive benefit of the Employees of the City and their Beneficiaries. -1- • 11 bi I • 0 . ] • • -• -~~ ----------------------------------------.. • / ... ... • • This amendment and res tate ment of the Plan shall n ot, in any wa y . affect t he rights of former Employ ee s who participated in s aid Plan and w h o e ithe r r etire d or otherwise terminate d t heir employment prior to January 1, --1-99+ 1999 . The rights , if any, of such former Employees and of their Beneficiarie s a nd t h e a m o unts of t h e ir benefits, if any , sha ll continue to be governed by t he pro,ision s of t h e P lan as it w as in effect on Decembe r 31 , ~ 1998 , or the date , if ear lier. of the u re tue me n t or termination of employment, unless specifically provided :or other wise h e r ein . 3-6-2 : DEFINITIONS AND CONSTRUCTION: 3-6-2-1 : NAME: The retirement income plan as set forth in this doc ument s h all be know n as t h e City of Englewood Nonemergency Employees Retirem e n t P lan a n d Trust and 1 hereinafter referred t o a s the "Plan." 3-6-2-2: DEFINITION S : U nles s the co nte xt otherwise r e quire s , t h e d efinit.1ons and ge ne r al pron s 1on s contained in this S U BSection go vern t h e co n s truction of tlus r estate d Plan. A . "Accrued Benefit" means the benefit determined m acco r dan ce wit h Section 3-6-i hereof. B. "Accumulated Contributions" means the s um of t he Me m be r 's co ntri bution s to this Plan, credited with interest thereon at the rate of 3 .5 % p e r a nnum . C . "Actuarial (or Actuarially) Equivalent" means equalit y in va lue of t h e aggregate amounts expected to be received under different fo rm s of paym e nt based on interest rate and mortality assumptions a s define d b elo w unl ess otherw ise specifically provide d in the Plan: l. Interest Rate Ass umption for Alternative P eriodic Be nefits. The interest rate u sed for purpose s of computing alternative pe r io dic fo rms of bene fits shall be 7 .5% effective January 1, 1986 . 2 . 3 . Interest Rate Assumption for Single-Sum Pay ments . Effective for the calendar y ear beginning on January 1, 1986, and for each calenda r year following s equentially thereafter, the interes t rate use d for purpos e s of computing single-s um pay ments shall be the immediate annuity rate (subject to adjustment as required for deferred annuities) used by the Pens ion Benefit Guaranty Corporation as of the January 1 coincident with or preceding the date as of which the amo unt of the alternative form of benefit is being determined hereunder . Mortality Assumption . On 11nel. after Jan1:111.r, 1, 1986 , the msrffllit) 11sstllllptisn fer e11.lettl11tisn shall he II ttttt!e .t r11te that is Aft, pereent (59%) male , 6ft) pereent (59%) fem!tl:e , tlltfen &em the 1971 Grsttp llflnttit) Tal,le , Prs;eet,eel. h) Seale D ts 1975 . a . EFFECTIVE JULY 1, 1999, THE MORTALITY ASSUMPTION FOR CALCULATION SHALL BE A L'N1SEX RATE THAT IS -2- •, "" ) I • 0 • • ,,,- • I • ·~ • -.. ' FIFTY PERCENT (50°'o) MALE . FIFTY PERCENT (50 %) PERCENT FE'.\ULE . TAKE:,./ FRO:\'! THE 1983 GROCP A.'lNUITY MORTALITY TABLE . PRIOR TO Ju1-Y 1, 1999, S UC H MORTALITY ASS iMPTION SHALL BE A UNISEX RATE THAT IS FIFTY PERCENT (50 %) '.\L-U.E. FIFTY PERCENT (50%) FEJ.\1ALE, TAKE:,./ FROM THE 19il GROCP A •. NUITY MORTALITY TABLE . b . SOLELY FOR PCRPOSES OF SECTION 3-6-16 . HEREOF , ON A.'lD AFTER JA."\fi.:ARY l , 1995 . THE :'v!ORTALITY ASSUMPTION FOR CALCCLATION SH..-U.L BE A U:\1SEX RATE TH.\T IS FIFTY PERCE:-,./T (50 %) :\!ALE . FIFTY PERCENT (50 %) FEMALE . TAKEN FRO'.\! THE 1983 GROCP A.:S::\1.TfY MORTALITY T.\BLE . D . "Beneficiary" means the person or perso n s who are so de signated by t he Member. in the latest written notice whi ch the '.\!emb e r has filed wnh the Retirement Boa rd, to receive any payment to wlu ch a Benefici ary may be co me entitled under this Plan. E . "Board" or "Retirement Board" mea n s the Boa rd a ppointed by the City Council and charged with the general admmistrauon of the Plan a s set forth m Sect 10 n 3-6-11-1 hereof. F. "City" means the City of Engle wood , State of Colo rado. G. "City Council" me ans the City Cou ncil of t he City. H . "Code" OR "I:-.."TER:-,./AL RE\"E:\1.:E CODE " means the Ir.ternal Reven ue Cod e of 19 86 26 l"SC (19 86). a s a m ended fr om ti me to time. I. "Compensation" means the total cash remune ratio n paid to an Empl oyee for a calendar year by the City fo r personal serv1ces as reported on the Employ ee 's in co me tax withholding statement or statements (Form W-2 . or its subsequ e nt eqwvalent), including longevity pay and excluding bonuses. extra pay . compensatlon time , overtime, lump-sum payments in lieu of accrued va cation time , sick leave , or personal leave , worker's compensation and any co ntribution by the City under this Plan, or the like , but including any compensation that the Employee has electe·d to have deferred under Section 45i and Section 125 of the Internal Revenue Code . Effe ctive January 1, 1989, the amount of a m'.\ilember 's compensation for the purposes of the Plan during any Plan year shall not exceed two hundred thousand dollars ($200 ,000.00) subiect to cost-of-living adjustments in accordance with Code Section 415 (d). IN ADDITION TO OTHER APPLICABLE LIMITATIONS SET FORTH IN THE PLA.1'1 , AND NOTWITHSTA.'lDING ANY OTHER PROVISION OF THE PLAN TO THE CONTRARY , FOR PLA . YEARS BEGINNING ON OR AFTER JANUARY 1, 1996, THE A.'lNUAL COMPENSATION OF EACH "NONELIGIBLE MEMBER" T . .\KEN INTO ACCOUNT UNDER THE PLA.'l SHALL NOT EXCEED THE O.M~1BUS BUDGET RECONCILATIO N ACT '93 ANNUAL COMPENSATION LIMIT. THE OBRA '93 A.IIINUAL COMPENSATION LIMIT IS $150 ,000, AS ADJUSTED BY THE COMMISSIONER FOR INCREASES IN THE COST OF LIVING IN ACCORDANCE WITH CODE SECTION 40l(a ) (17) (B). THE COST OF -3- .. ' ' I • 0 • • -. .. ~ ,,-. • " :-.. . , • -... ,. Ll\11NG ADJUSTME'.'JT IN EFFECT FOR A CALE?s!TIAR YEAR APPLIES TO ANY PERIOD, NOT EX CEEDING 12 MONTHS . OVER \VHICH COMPENSATION IS DETERMINED (DETERMINATION PERIOD) BEGINNI GIN SUCH CALENDAR YEAR. IF A DETER:'v!INATION PERIOD CONSISTS OF FEWER THAN 12 '.\IONTHS , THE OBRA ·93 . .\..'i~-HJA L COMPENSATION LIMIT WILL BE MULTIPLIED BY.-\ FRACTION, THE r "l JMERATOR OF WHICH IS THE :-.ruMBER OF MO'.'iTHS 1:-,; THE DETERMI::-.IATION PERIOD , A.'ID THE DE'.'iOl\U'.'i ATOR OF WHICH IS 12 . A "NONELIGIBLE MEMBER" IS ANY MEMBER WHO FIRST BE CA,\ilE A MEMBER IN THE PLAN DURING A PL.\.l YEAR BE GI:\T).1 :\"G ON OR AFTER JANUARY l , 1996 . EFFECTIVE JA:,.i"UARY l , 1989 . THROt:GH DE CDIBER 31. 1996 . I'.'/ DETER'.\U NING THE COMPENSATION OF A '.\'1D!B ER FOR P C RPO SES OF THIS LIMITATIO ·. THE RULES OF CO DE S E CT IO N -l l-l (q) (6), SHALL APPLY , EXCEPT I . APPLYI NG SCCH Rt:LES . THE TER.\I 'FAMILY' SHALL INCLL'D E ONLY THE SPOCSE O F THE :\IDIBER . .\..,'D ANY LINEAL DESCENDA:,.i--rs OF THE :VIDIBER \\"H O HA n: '.'-iOT ATTAI NED AGE 19 BEFORE THE CLOSE O F TH E YE.-\R . EFFECTIVE JAi'WARY l , 1989 THROCGH DE CDlBER 31. 19 9 . IF . At: A RESCLT OF THE APPLICATIO N OF St:CH RC LE S THE AD Jl."STED .-\).~T.-\L COMPE NSATIO .. LI'.\HTATION IS EX CEEDED TH E'.\: THE Ll:\l!TATION SHALL BE PRORATED A.\101\"G THE AFFE CTED l:-.1)l\1DL-\LS l'.'i PROPORTION TO EACH SCCH I'.'iD1v1D UAL"S CO:\lP E'.'-i ATIO:\T AS DETERMI NED U:\TDER THIS SCBSECTIO:-.: 3-6-2 -2 < • O F THE ENGLEWOOD '.\<IGJ\'1 CIP.-\L CODE PRIOR TO THE APPLICA TIO :-.: O F THI S LIMITATION . J . "Credited Service" means the period of S ervice ren dered by an Employee as a Member for which credit is allowed . K. "Di sability" m eans a physica l or mental cond iu on wh1 ch e ntitles the '.\)e mb e r to receive a disability income under the long-term disability insurance co ntract maintained by the City. L . "Effective Date of this Plan " mean s January l , l9i0 . T!us amended and restated Plan is effective as of January 1, 199 1. M. "Employee" means any person employed by the City on a permanent, full-time basis as defined in the City Personnel Poli cy and Procedures. F or the purpose s of trus retirement pl an , police officers , paid firefighters and elected official s shall not be co nsidere d to be Employees . Effe ctive J a nuary l , l98i, included as employees ar e leased employees within the meaning of Code Section 4 14 (n)(2) except that if s uch leased e mployees co nstitute less than twenty percent (20 %) of the nonhighly compensated workforc e within the meaning of Code Section -U-l (n )(l )(C)(ii), then the term "Employee" will not include those leased employees covered by a plan described in Code Section -ll4(n)(5) unless otherwise provided by the terms of this Plan. N . "Exempt Employee" means an Employee having one of the following titles as defined by City Personnel Policies and Procedures: City :'vlanager, Assistant City Manager, any Department Head , Municipal Court Judge , City Attorney, -4- • . .. . ' ) I • 0 • • • • - and Assistant City Attorney. Effective January 1, 1988, "Exempt Employee" shall also include any managerial. s up ervisory or co nfidential e mp loyee as defined by City P ersonnel P olicies and Procedures. . . 0 . "Final Average Monthly Compensation" means 1/36 of a '.\>!e mber's total Compensation during the tbirty,six (36) consecutive full cale ndar m onths (determined without the inclusion of any Break in Sen;ce) within t he last one hundred twenty (120) completed full calenda r months of e m ploy ment with t h e City which yield the highest average Compensation. In the event the Member was employed for fewer than t hirty-six (36) co n secutive full cale ndar m onths . such average monthly compensation shall be based on his Co mp e n sation fo r the thirty-six (36) successive full months during his last one hundred twe nty (120) full calendar months of employment with the City that would :y,eld the highest average , or his full period of such employm e nt. if less than tlurt y-six (3 6 ) months. P . "Ins urance Company" means any insurance comp a ny or companies appoi nted by the City Council for long-te rm disability coverage . or as provided in SUBSection 3-6-12-3 hereof. Q . "Leave of Absence" means any abse nce authorized by the Employer under such Emp loye r 's standard personne l practices , provided tha t all person s und er s imila r circumstances must be treated alike in the grantin g of s uch Le ave of Ab sence. and provi ded furt h er that t h e Em ploye e r e turn s or retires within the period specified in the authorized Leave of Ab se nce. R. "Member" means any person includ ed in the memberslup of tlus P lan as provided in Section 3-6-3 hereof. Effe ctive January 1. 198i , excluded as members are leased employees witlun the meaning of Code Section -tl-t (n)(2). S . "Normal Retirement Age" means age sLxty-fi,·e (65). T . "Normal Retirement Date" means the fir st day of the calendar month coinci dent with or next foll owing the sixty-fii'th (65th) birthday of the Member. U . "Plan" means City of Engle wood :-S onemerge n cy Em ployees Retire ment Plan A~D TRUST, a s amended fr om tim e to tim e. V. "Plan Administrator" means the Retirement Board of the City . W . "Plan Year" means the calendar year starting January 1 a nd e nding December 31. X. Y. "Previous Plan" means the City of Englewoo d Renrement Plan (i ncluding any predecessor plan(s) thereto) in force and effect for the period prior to January 1, -1-99-i-1999, the Plan hereby being amended and re stated . Any reference herein to the Previous Plan as of a certain date or for a certain period s hall be deemed a reference to the Previous Plan as then in effect . "Retired Member" means a former Member whose employment terminated by reason of retirement or Disability and who is receiving or is entitled to receive , or whose Beneficiary or estate is entitled to rece ive, benefits under this Plan. -5- • ' ' 'I I • 0 • • • • ,. • . .. ,. • - ... Z . "Retirement Benefit" or "P ension" means any Retirement Benefit provided for in Section 3-6-7 hereof. AA . "Retirement Fund" or "Fund" means t he "City of Englewood :-S onemergency Employees Retirement Fund." maintained by the Retirement Board or in accordance with the te rm s of t he Trust Agreement, amended from time to time , which co nstitutes a part of th.ts 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 i n Section 3-6 -4 hereof. CC . "Trustee" means any qualified and acting Trustee appointed by the City Council as Named Fiduciary for the investment a nd management of Plan assets, as provided in Section 3-6-12 hereof. DD . "Vested Member" means a former Member whose Credited Sen-,ce has terminated by reason other than retirement or Di sability and who is entitled to receive , or whose Beneficiary or estate is entitled to re ceive. benefi ts und er this Plan. A Vested ~!ember shall be co m e a Retired '.\!embe r up on the actua l comm ence ment of benefit payme nts . 3-6-2-3: CONS TRCCTION : The masculine gender. where appearing in t he Plan, shall be deemed to include the feminine gender and words used in the singular shall include the pl ural unle ss the conten clearly indicates to the contrary. Words such as "hereof," "herem." and "hereunder," shall refer to the entire Plan, not to any particular pro'vision or section. The Plan and Trus t s hall each form a part of the other by r eference and terms s h all be u sed therein intercha ngeably. 3-6-3: MEMBERSHIP : 3-6-3-1 : EMPLOYEES ON JANUARY 1, 1970: Every person who wa s an Employee of the City on January 1, 1970 could become a Member in the Plan on such date by properly filing with the Reti.r ement Board. on or before such date , the form of membership agreement furnished for that purpose . Any such perso n who did not file the form of membership agreement on or be fo re s uch date may thereafter file such membership agreement and become a ~Iember 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 s hall be a condition of employment and each Employee shall become a Member on the date of employment. Such Employee shall be required to complete the form of membership agreement at the time of employment, election or appointment, except as follows : A. The City Council may , by ordinance, establish optional pension or deferred compensation plans for Exempt Employees . Upon establishment of any such optional plan(s), an Exempt Employee may at his option elect to come within the provisions of such plan; provided, however, that an Exempt Employee may not concurrently be a Member of more than one retirement plan to which the -6- ... 'I ) I • 0 - • j .. • . ----• / ,, • -.. .. ' City is making contnbutions on his behalf during his employment by the City . In the event that any said Exempt Employee of the City, who is presently a Member of the Plan, elects to come w1tlun the provisions of any other retire ment plan established by the City Council and funded all or in part by the City , he shall have the option to become a Vested '.\,[ember of the Plan (regardless of whether or not he has completed five (5) years of Credited Service) or to withdraw from the Plan t he amount calculated under Section 3-6-10-2 hereof. B . Exempt Employees of the City who are Members of t he Plan shall, within six (6) months from the institution of any opt10nal plan(s ) by the City Council. elect whether or not to become a member of an y optional plan(s). Said election to become a member of the new plan or to rem ain a '.\!ember of the Pla n shall be irrevocable . C . Those Employees who may become Exempt E mployees by promotion or appointment or otherwise . shall have secty (60 ) days fr om the effective dat e of their appointment in said Exempt position in wluc:i to elect either to rem am in or to become a member of one or any other optional plan. The election to become a member of another plan shall be 1Irevoca ble . D . City Council has previousl y designated the lnter:1at10nal City ::V!anagement Association Retirement Corporau.on Defe rred Compensation Plan ("1Cl\lL4.-RC Plan") which is established under Section -15 i of the ll'lie .•. al Re ,er,.tte Code as an optional plan to wluch the City would make contributions on behalf of Exempt Employees who elect this option . E . City Council has established the managerial, supervisory or confide ntial ICMA-RC Money Purchase Plan for managerial supervisory or confidential employees effective January l , 1988 as an optional plan to 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 when he s hall cease to be an Employee for any reason, except as provided in SUBSection 3-6--t-3 hereof. 3-6-4 : CREDITED SERVICE : 3-6-4-1 : CREDITED SERVICE : Credited service shall be used to determine a Member's . .\ccrued Benefit and eligibility for benefits under the Plan. A Member's Credited Service is the elapsed time period from his date of employment with the City , as an Employee, to his date of termination of such employment, except as provided below . -7- ) I • 0 • • • '· .. ....... .. " • • • 3-6-4-2: LIMITATION ON CREDITED SERv1CE: .. A. No period of Credited Service shall be deemed to be increased or extended by overtime. B. Credited Service shall not include any period of time during which the ~lember is on an approved Leave of Absence or interrupti on of Service as provided in 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 Sel"\'lce unless such an Employee (1) elected to become a Member of the Plan on January 1, 1970 pursuant to SUBSection 3-6-3-1 hereof, or (2) is co,·ered under the provisions of Section SUBSection 3-6-4-3 hereof. D. Credited Service shall not include any penod on the basis of which a Retirement Benefit is payable under any other defined be nefit retirement or pension plan to which the City made contribuoon s . othe r than benefits payable under the Federal Social Secunt:, . .\ct or t he Volunteer Firefighters ' Pension Fund. E . Credited Service shall not include any penod of t UD e for wluch the City contributes on behalf of an Exempt Employee t o t he IC'.\L.\-RC Plan or any other optional deferred compensation plan m li e u of tlu s Plan. as provided in SUBSection 3-6-3-2 hereof. F . Credited Service shall not be extended beyond a '.\!embe r 's date of termination for lump-sum payments in lieu of accrued vacation . sick le ave or personal leave. G . CREDITED SERVICE SHALL NOT INCLL'DE A'.\"Y PERIOD OF TI'.\1E THAT A MEMBER CONTINUES WORKING FOR THE CITY . .\FTER COMMENCEMENT OF THE MEMBER'S P . .\RTlCIP..\TION IN THE DEFERRED RETIREMENT OPTION PL.\..'-7 P CRSUA.'.'iT TO SECTIO 3-6-7-8 . 3-6-4-3: BREAK IN SERVICE : A Member shall incur a Break in Service if his Service a s 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- .. I • 0 • • .. _.,.. . • 1 ~,· • - ... B . A formal Leave of Absence , duly app r ove d by the City :vt:m ager for a specific period, followed by death or by reinstatement. r ee mpl oyment or reappointment within thirty (30) days after termination of t he Leave of Abse nce. C. Any Employee or any Member who is on a Leave of Ab se nce on a cco unt of entering into the military service of the u nited States (including service in the United States Merchant Marine m time of war) shall, m t he absence of reasonable justification for additional delay, return to the Service of t he City within ninety (90) days after the time when a discharge from such military service was first available to such Employee . In the event that a '.\-!ember or employee does not return to the Service of the City within the time s pecified above , such Leave of Absence shall be considered a Break in Se!"'ice. NOT\v1THSTANDING .-\.'-i"Y PROVISION OF THE PL\ .. 's T O THE CON"TRARY. CONTRIBUTIONS . BENEFITS A.'JD SERvl CE CREDIT WITH RESPECT TO QUALIFIED ~ILITARY SER\tlCE WI LL BE PROVIDED IN ACCORDANCE WITH CO DE SECTION -ll-l (u). D . The pe riod during a ny Leave of Absence or interruption of Se!"'ice shall not however, be included in Credited Service . EFFECTIVE AS OF .. .\UGL'ST 5. 1993 , A LEAVE OF . .\BSE .\'CE P l"RS liANT TO THE F .. -\.\HLY AND '.\IEDICAL LEAVE ACT OF 1993. SHALL .\'OT BE CO NS IDERED A BREAK I N SERvl CE ; HOWEVER. THE E'.\IPLOY'EE WILL NOT RECEIVE ANY SERvlCE CREDIT DLlU~G Sl"CH A:--.: . .\BSE:--.:CE. After January 1, 1987 , if any former ~e mber (vested or non vested) r e turns to Service as an Employee within fi ve (5) years after hi s date of termination , or if a former Vested Member returns to Service as an Employ ee after suc:i five (5) years but without receiving any single-sum payment hereunder, then applicable prior Credited Service shall be r estored. Otherwise such prior Credited Service shall be permanently lost, s ubject to the further provisions of this S U BSection 3-6-4-3 . If any such rehired Member, who had returned to Service as an Employee within five (5) yea r s after t he date of termination, had recei ved a single-sum payment in l..ieu of Retirement Benefits, an actuarial reduction shall be made in his Retirement Be n efits under Sl"BSectio n 3-6-16-1 hereof unless he repays the Fund within twenty fo ur (2-l ) months of.rehire , such single-sum amount, with interest at the rate determined under StJBSection 3-6-2-2C2 hereof (interest r ate assumption fo r s ingle -s um payments) from the date the Me mber received the payment to the date of repayment . Members of the Plan as of January 1, 198i, who were previo u sly covered by the Plan but, due to a prior termination of employment, receive d 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 1, 1989. Any former nonvested Employee who returns to Service a s 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 lus prior Credited Service , -9- • ' ' .. • I .. I • 0 • • • .. ,. • ./ .. • -' ... if any, restored. The Retirement Board shall review such application and shall determine on a nondiscriminatory basis, wheth<:r such prior Credited Service shall be restored, and shall inform the Member of its determ ination by December 31 , 1987. Any :\,[ember of the Plan who was an Employee on January 1. 1970 and who did not elect to become a '.\1ember of the Plan on January 1. 1970 pursuant to SUBSection 3-6-3-1 hereof will. as of January 1, 1987, receive credit for all service prior to the date he actually became a :\,[ember of the Plan. Such a Member may elect in writing, prior to July 1, 1988 . to pay a single sum amount determined on the basis of the amount of accumulated co ntributio ns that said Member would have accumulated in the Plan as of July 1. 1988 had he elected to become a Member of the Plan on January 1. 19i0 and made the required contributions each year on the basis of compensatio n he rece ived each year. If the Member elects not to pay the single sum amount. his retirement benefit determined under SUBSection 3-6-i-1 hereof shall be reduced by the actuarial equivalent of the single sum payment due a s of July 1. 1988. 3-6-4-4: EFFECT OF OTHER PL\NS : Credited Service shall not include any period on the bas1 5 of which a Retirement Benefit is payable under any other defined benefit r etirement 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 an Exempt Employee to the IC:\U-RC Plan or any other optio nal deferred compensation plan in lieu of this Plan, as provided in Sl"BSection 3-6-3-2 hereof. 3-6-4-5: MISCELLANEOUS: No Period of Credited Sen,;ce 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 Sl,13Section 3-6-4 hereof. 3-6-5: CONTRIBUTIONS : 3-6-5-1 : MEMBER CONTRIBUTIONS : Effective January 1, 1976. no Member will be required or permitted to contribute to the Plan . 3-6-5-2: CITY CONTRIBUTIONS: The City will, from time to time and at least annually, make contributions to the Trust Fund to the extent necessary to finance the benefits provided by the Plan on a sound actuarial basis. The City expects to continue such contributions to the Plan, but assumes no responsibility to do so and reserves the right to suspend or to reduce contributions at any time . 3-6-5-3: APPLICATION OF FORFEITURES: Any amount forfeited because of the termination of employment of a Member prior to his having acquired a fully vested right to Retirement Benefits, because of the death -10- ' . •. -. I • 0 - • .. • ,..,-. • • -' of any member. or for any other reaso n . shall n ot be applied to increase the benefits which would otherwise be payable to any other '.\!!ember . The amounts so forfeited s h all be applied as soon as possible to reduce the contributions required to be made by the City. 3-6-6: RETIREMENT DATES : 3-6-6-1 : NO IL\1AL RETIREME:-IT : All permanent, full-time Employees of the City shall beco me one hundred percent (100%) vested upon attainment of their ~formal Retir ement . .\ge and may retire at any time thereafter. The effective date of retirement under the pro~;sions a bow shall be the first day of the first month following the month in wluch s uch Employee actually retires fr om the employment of the City . 3-6-6-2: EARLY RETIRE:"1E~T: A. Regular Early Retirement: A :\!emb er or Yested :\!e mber who has attamed t h e age of fifty-five (55 ) years and has co mp leted at least five (5) years of Cr edited Service may elect to retrre under Regular E a rly Retrre me nt and h a ,·e be nefit payments commence as of the first day of any calendar month . which sh all no be less than thirty (30) nor more t h an ninety (90) days after the filing of written notification with the Re tireme nt Board . B. Special Early Retirement: A :\!e mbe r s h all be e ll g1ble fo r Special E ar ly Retirement as of the first day of any calendar month if lus employm e nt terminates after he has attamed the age of fifty-fi,·e (55) and the sum of h.is age plus his Credited Serv1ce at termmation equals ei ghty-e ight (88) or m or e . Such a Member may elect Special Early Retrrement up on t he filrng of wntte n notification with the Retirement Boa rd n ot less than t hrrty (30) nor m or e than ninety (90) days prior to the date benefit payme nts are to co mme n ce . 3-6-6-3 : DELAYED RETIREMENT : Every Member upon reaching hi s sixty-fifth (6 5th) birthday s hall be fully vested in the benefits earned prior to such date and s hall be eligible to retire under the Plan. However, any Member eligible for normal retire m e nt m ay elect to delay his retirement date as permitted by the City P e rsonnel P olicies and Procedures. H is delayed retirement date shall be the first day of the m o nth. coincident with or next following the date of his actual retirement. As a conditio n precedent to continuance in employment beyond the Normal Retirement Date, the '.\!!ember shall file with the Retirement Board the written designation of a Beneficiary, whether or n ot the Member elects an optional benefit in accordance with Section 3-6-8 hereof. 3-6-6-4: DISABILITY RETIREMENT: Any Member who is disabled pursuant to SUBSection 3-6-2-2(K) hereof shall qualify for Disability retirement as provided herein. Payment of a Di sability Retirement Benefit shall commence on the first day of the month next following his Normal Retirement Date. The last payment shall be made as of the first day of the month in which the death of the Retired Member occurs or his Disability ceases, whichever -I I - • ., . ) I • 0 • • • .. ~ ,,,-. • .. • -.. first occurs. If Disabili ty ce ases on or after the Members ~formal Retire ment Date and he does not return to full-time employment with the City , his Disability Retirement Benefit shall be continued in the same manner as if his Disability had continued . If the Retired :Member 's Disability ceases prior t o his Normal Retirement Date a nd he is not reemployed by the City, and if he had met the reqUU"ements fo r an early or deferred vested Retirement Benefit on the date of his retirem ent :'rom Disability, he shall be entitled to re ceive, commencing on the first day of the month next follo wing his Normal Retirement Date, a Retirement Benefit equal to the early or deferred vested Retirement Benefit to wluch he would have been entitled. as of the date of his disablement. Such Retirement Benefit to be calculated s hall co ns ider the Credited Service he could have received during the penod of ht s Disability . If the '.\!ember request s the commencement of hi s early or deferred vested Ret1.rement Benefit as of the first day of the month next follow ing his fifty fifth (55th) birthday. or as of the first day of any subsequent month wlllch precedes his ~orm al Ret1.rement Date. hi s Re tirement Benefit sha ll commence as of th e begmrung of the month so r eq uested. but the amount thereof shall be reduced m acco r dan ce with SL 13Secuon 3-6-7-2 hereo f based on the number of yea r s by wluch the starting date oi the Ret1.rem e nt Benefit pay ments precede the Member's :-.;orm al Ret1.rement Da te . If Disability ceases be fo re a Retired '.\·!embe r a tta ins !us ~ormal Retirement Date and the ::\1ember 1s re e mployed by the City , the Ret1.rem en t Beneiit payable up on his s ubse quent retirement shall be determined in acco rd ance with the provisions of S UBSection 3-6-7-1 hereof includmg Credited Service fo r the period that he was disabled. Notwithstanding any other provision of this Sect io n . n o :.Vlember shall qualify for a Disability Retirement Benefit if the Board determines that his Disability results from an addiction to narcotics or h all uci nogenic drugs . an injury s uffered whtle engaged in a feloni ous or crimina l act or enterprise. or service in t he .l.rm ed For ces of the United States wluch entitles the :\!ember to a veteran's disability pensio n . Disability under the Plan shall be co nsi dered total and permanent if 1t is determined by the Boa rd that the :Member is eligible and receiving disability benefits from the long-term disability insurance contract maintained by t he City. Disability shall be co n sidered to have ended if, prior to his Normal Retire ment Date , the Member is no longer eligible for benefits from the long-term disability insurance contract maintained by the City . 3-6-6-5 : REQUIRED DISTRIBUTI01 OF RETIREMENT BENEFITS: Notwithstanding any other provision of this Plan, distribution of Benefits under this Plan shall commence not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70 1/2) or the calendar year in which the Member retires . 3-6-7: RETIREMENT BENEFITS: 3-6-7-1: NORMAL OR DELA YEO RETIREMENT: Upon retirement at or after his Normal Retirement Date, each Retired :.Vlember shall receive a monthly Retirement Benefit equal to one and one half percent (1 1/2%) of -12- • . . .. ) I • 0 • • .. ~ _.,... . • ·~ • - the :\1 e mber's Final Average :Vlonthly Compensation multiplied by the total number of years (including fractional years) of the Members Credited Service . 3-6-7-2 : EARLY RETIRE:V!ENT : A. Regular Early Retirement. A :\<!ember or Vested :\!ember. eligible for Regular Early Retirement and retiring prior to his normal Retirement Date . shall be entitled to a reduced Retirement Benefit which shall be lu s Accrued Benefit on his Regular Early Retirement date . reduced by one fo urth of one percent (.25 %) for each month by which the payment commences prio r to the first of the month following his Normal Retirement Date. B. Special Early Retirement. A :\<!ember who meets he r eqwrements fo r Special Early Retirement shall receive a monthly amount co mputed as fo r a :-.i o rmal Retirement Benefit co nsidering his Credited Sernce t o t h e date of lus ac tua l Retirement, payable without reduction for early co mm ence ment. 3-6-i-3: DISABILITY RETIRE:\!E::S."T: A :\1ember who meets the requirements for a Di sability Reure m en Ben efi t a s a result of receiving payment3 from the City's lo ng-te rm ciisa ility msur::m ce co ntract shall receive a monthly amo unt commencing on the fir _t da y of the month next followi ng his Normal Retirement Date and co mputed a· fo r a no rm al ret1 r m nt under SUBSection 3-6-7-1 hereof, considering h1 s Fmal .l.v erage :\l onthly Compensation at the date of lus r etirement fr om Dtsa ili y and C r ed ited en,ce fo r the period he received long-term disability benefits fr om the City's lo ng -term disability insurance contract. 3-6-7-4: DELAYED RETIRE'.\1E:-.iT : A Member retiring subsequent to lu s :-.i ormal Re urem e n Date -hall re ce l\·e t he monthly retirement be nefit computed und e r SCBSec:1on 3-6· 7 -1 hereo f. cons 1d rmg his/her final average monthly co mpensa ti on at the d ate of h1s /he r actual retirement and the credit ed service h e/s he acc umulated t o the d ate of lu /he r actual rettre ment . 3-6-7-5 : NOR~UL FOR:\! OF PADIENT: Unl ess optional benefits have been elected pursuant t o Semon 3-6-8 hereof. the bas ic monthly retirement benefit. computed as set fonh above , s hall be a te n (10) year certain and life benefit. Such benefit shall be in equal monthly payments commencing on the fir s t day of the month next following the retirement date, and continuing at monthly intervals for a period of one hundred nineteen (119) additional months and for the retired member's lifetime thereafter. The last benefit payment shall be made on the first day of the month of the retired member's death . unless payments have been made for fewer than one hundred twenty (120) months, in which event payments shall be continued to the nam ed beneficiary, ceasing when an aggregate of one hundred twenty (120) monthly payments have been made to the retired member and his/her beneficiary . If the retired member is married at the time benefits are to commence , the spousal consent requirements of SUBSection 3-6-8-2 hereof must be met before payments under this Section commence . In the event that no beneficiary is living at the death of s uch retired member, the actuarial equivalent value of the monthly installments for the balance of the term cenain will be computed and paid in one s um to the estate of the retired member. If -I 3- • .. ) I • 0 • • ..... • .. ~ ,,.-. • .. • -' ... ' at the death of the last surviving beneficiary following the death of the retired member, m onthly installments have not yet been paid fo r the term certain, the actuarial equivalent value of the installments for t he balance of the term certain ,vill be co mpute d and p aid in one s um to the estate of the last surviving beneficiary . As pro..,;ded by SUBSection 3-6-16-2 hereof. retirement benefits may be s uspended for a retired member during a period of employment s ubsequent to his/her actual retirement date during which he /she is rehired and receiving compensation as an employee of the City. Monthly payments shall co mmence and be determined pursuant to s uch SUBSection 3-6-16-2 hereof. 3-6-7-6 : ACCRUED CREDITS A.ND VESTED BENEFITS UNDER THE PREvlOCS PLAN PRESERVED: The restatement of the previous plan by this p la n sh all not operate t o excl ude, diminish , limit or re strict the payment or continuatio n of payment of benefits accrued as of De ce mber 31.-1-900 1998. The amount of such pre..,,o us plan benefits. tf any. m the co urse of payment by the trustee under said p r eviou· plan. to any per on on December 31. -l-900 1998 , shall be co ntinued by the tru tee under the ru st agreement forming a part of this plan . in t he same manner. undimini she preserved, and fully vested under th.ts plan. The eligibility for , and amount of, any benefit of any lund . payable commencing afte r December 31. 1986 under this plan to or fo r any per on who was a member of the previous plan and who became a member of this restated plan s of Ja nuary 1. 1987, shall be determined under the provision s of th.t s pla n . 3-6-7-7 : INCREASED BENEFITS FOR RETIR ED :-O[DIBER A:-SD BENEFICL-IBIES: Effective July 1, 1993, all members a nd beneficiane who e payments co mmenced before January 1, 1993, s ha ll r eceive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board . Effective January l , 1996 , all members and beneficiaries whose payments commenced before July l , 1995 , shall rec eive a three percent (3%) in cr ease in t heir pe ns ion payments s ubject to future adjustment as de te rm in ed by the Boa rd . 3-6-7 -8: DEFERRED RETIREMENT OPTIO N PLAN (D ROP): A. EFFECTIVE DATE . NOTWITHST • .\.'Hll:s!G SCBSECTION 3-6 -2-2(L}, HEREOF, THE PROV1SIO NS CONT.-U:'.'.'ED I N THIS S UBSE CTION 3-6-7-8 , HEREOF SHALL BE EFFECTIVE ON OCTOBER 1, 1999. B. TITLE. THE PROGRAM PRO\-l DED 1:--1 THIS S U BSECTION 3-6-7-8, HEREOF, MAY BE REFERRED TO AS THE "DROP ." C. APPLICABILITY. THE PROV1SIO NS OF THIS SECTION .-\RE 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 . A.'l "ELIGIBLE MEMBER" IS ANY MEMBER WHO HAS A'ITAINED THE ::-10&\1AL RETIREMENT DATE IN -14- • .. 0 I • 0 • • • .. ~ ----• I• ./' : .. • - ... AC CORDANCE WITH SCBSECTION 3-6 -2-2(T), HEREOF OR T HE SPECL-\L EARLY RETIREME NT DATE 1::-J ACCO RDA.'i CE WITH Sl13SECTIOX 3-6-6-2B . A "PARTI CIPATl :-.lG DROP ME'.\1BER" IS A..\iY ELIGIBLE MEMBER WHO HAS ELE CTED TO PARTI CIPATE Il\ THE DROP A.S PROVIDED BY THIS SUBSECTION 3-6-i-8. HEREOF . D . PlJRPOSE . THE PL"RP OS E O F THE DROP IS TO ALLO\\-_-\..\i ELIGIBLE MEMBER TO ELECT, 1:-1 LIEC OF ['.\1.\[EDL-\.TE TER'.\rIX_-\TIOX OF E:\IIPLOYME , T AND RECEIPT OF RETIRE'.\!E'.\'T BEXEFIT OR PEXSION. TO CONTINt;E E:V!PLOY:\1E.'.'-1T FOR A SPECIFIED PERIOD OF TL'v!E _-\'.\.--0 TO HAVE THE ELIGIBLE '.\1EMBER'S RETIRE'.\!E:--:T BE:S.."EFIT OR PE::-JSION PAID I NTO THE DROP AC COC :-iT CXTIL T HE E:siD OF SCCH SPECIFIED PERIOD OF THE PARTI C IPATI1'G DROP '.\IDIBER'S PARTICIPATIO N. AT WHICH TI'.\IE E'.\1PL OY>IE'.\'T IS T O CEASE. A>i ELIGIBLE MEMBER '.\IIUST CHOOSE THE RETIRDID,1 BEXEFIT PROVIDED IN S UBSECTI01': 3-6-7-1. HERE OF . O R 0 :S.."E OF THE RETIREMENT OPTIONS PROvlDED l:'i SECTIOX 3 -6 -. HEREOF , AT THE SAME TIME THE ELIGIBLE :\IE'.\IIBER ELE CTS TO P_-\RTICIP ,\TE IX THE DROP. E . PARTICIPATIO N . A:-.l ELI GIBLE '.\IIE'.\IIBER :\L\Y P_-\RTI C!P_-\TE J:-,; TH E DROP ONLY ONCE. A.:'11 ELIGIBLE '.\llE:\IBER WHO HAS REA CHED NOR.\L-\L ~ETIRD!E>i"T AGE MU ST ELECT TO PARTICIPATE 1:-.l THE DROP \\'ITH IX XIXETY (90 ) DAYS AFTER THE LATER OF ATTAI::sl:\IE:--iT OF :-.:OR'.\L-\L RET RDIEXT AGE OR THE EFFECTIVE DATE OF THE DR OP . A:-.l ELIGIBLE MEMBER '.\UY ELECT TO PART ICIPA.TE I'.\' THE DROP U PON FILING OF WRITTE'.'1 ::-JOTIFICATION WITH THE RETIRDIE:--T BOARD ::--10T LESS THAS SIXTY (60) :-.lOR '.\10RE TH..-\X :S..1XEE t 90) DAYS PRIOR TO THE DATE OF 1:-iTE:'iDED HRTI C!PAT!Ol's . F . TER'.\l. THE DURATIO N OF A P _-\RTI CIPATI~G DR OP '.\IDIBE R'S PARTICIPATION IN THE DROP SHALL XOT EX CEED _-\ T OTAL OF THREE (3) YEARS. AS A CO N DITIO N PRE C EDE:-iT T O P_-\RTIC IPATIO N IN THE DROP , THE PARTI CIPATIXG DROP '.\ID'1BER SH..-\LL EXE CCTE AN IRREVOCABLE AGREE:\IENT V. ITH THE CITY IN THE FOR'.\! PRESCRIBED BY THE RETIREMENT BOARD , WHI CH SH..-\LL. _-\..'vlO .'.'iG OTHER ITEMS , CLEARLY A. iD UNEQL1VOC.-\LLY ST_-\TE TH.-\T THE PARTICIPATING DROP MEMBER MUS T RETIRE NO L-\.TER TH..-\.:si THE DATE PRESCRIBED I N THE AGREE'.\IIENT WHI CH :VL\ Y XOT EXCEED THE THIRD ANNIVERSARY OF THE PARTlCIPATI:siG DROP :\IDIBER'S PARTICIPATION IN THE DROP, AN D THE P.-\RTI CIP . .\TIXG DROP MEMBER SHALL ALSO ACKNOWLEDGE THAT :-JO DISBl"RSE:VIE:-.IT OF ANY DROP FUNDS CAN OCCU R ABSENT THE RETIRE:\IEXT OR DEATH OF THE PARTI CIPATING DROP MEMBER. G. INTERRUPTION OF PARTICIPATION. IF THE PARTI C IPATIXG DROP MEMBER'S PARTICIPATION IN THE DROP IS Il',iTERRCPTED BY MILITARY SERVICE. THERE SHALL BE NO INTERRCPTIO'.\' OF MEMBERSHIP IN THE DROP. SUCH A PARTI CIP.-\ TI:siG DROP ME'.\,IBER'S PENSION SHALL CONTINUE TO BE PAID INTO THE PARTICIPATING DROP MEMBER' DROP ACCOUNT WHILE IN THE :VrILITARY SERVICE -15- ' ., .. ) I· 0 • '1 I l • -. • ,. • • - FOR THE BA.LA.\/CE OF THE THREE-YEAR ~vlAXL\11_ :.I TER.\J ELECTED BY THE DROP \!EMBER UNDER SUBSECTIO:S: F . H. EFFECT ON PARTICIPATION IN THE PL\..\/. l-P O:S: CO.'.\CIIE:S:C E:\<IENT OF THE ELIGIBLE ME'.\-!BER'S PARTICIPATION IX THE DROP. A ME:'vlBER'S CREDITED SERvlCE. FINALAVER..\GE \IO:S.1HLY COMPENSATION A.\10 ACCRUED BENEFIT SH...\LL BE FROZEX. A PARTICIPATING DROP MEMBER SHALL NOT SH..-\RE l :S: _.\..'\,·y SUBSEQUENT FOR.\1 ULA IMPROVEMENTS . HO\VE\C:R. . .\ PARTI CIPATING DROP :\<[EMBER SHALL SHARE IX . .\..'\."Y .-ill HOC INCREASE GRA .. \/TED TO RETIRED \1E'.\1BERS . I. CONTRIBCTION . UPO,. COMMENCEMENT OF THE ELIGIBLE MEMBER'S PARTICIPATION IN THE DROP , THE RE"!":RE\lE:S:T BE:S.TEF!T OR PENSION PROVIDED IN SECTION 3-6-i AXD SE CTIOX 3-6-8 HEREOF, SHALL BE PAID INTO THE PARTIC!P . .\ TI:S:G DR O P :\<!EMBER 'S DROP ACCOUNT . IN NO CASE SH...\LL THE CITY CO \"TRlB L.TION. PROVIDED FOR IN SCBSECTION 3-6-5 -2 HER E OF . B::O: l"SED TO Fl":S:D THE DROP .. .\C CORDINGLY .. .\.\!OCNTS TR..\\"SFE ~~ED OR P.-\!D TO A PARTICIP . .\TI:\"G \IE:\IBER'S DROP ACCOC:\"T SP_>...!..:.. :S:OT CO :S:ST!TCT E ANNCAL ADDITIONS :,.JDER CODE SECTIO:S: -115 . J. ADMINISTRATION OF DROP ASSETS. PARTIC!P . .\ "!"::\"G DRO P \IDTBE R MAY DIRECT THEIR DROP MONEY TO A::-..·y OF TEE 1:-..·n:S T\IE:,.JT OPTIONS APPROVED BY THE BOARD FOR THE DR OP. THERE SH...\LL BE NO GUARA...\/TEED RATE OF INVEST\IENT RE TL ?.:\" 0 :S: DROP DEPOSITS . ANY LOSSES, CH...\RGES OR EXPE\"SES ;.\"Cl"RRED BY THE PARTI CIP . .\TING DROP MEMBER I.. SCCH \.IE\IBERS DR O P . .\CCODiT BY VIRTUE OF THE DIVESTMENT OPTIO:S:S SELECT::D BY THE PARTICIPATI:S:G DROP \1E\1BER, SH...\LL .\"OT BE \L0.D E C P BY THE CITY OR THE PLA:S:, BCT ALL OF S • .\.\.IE SH...\LL BE 3 0 RXE BY THE PARTICIPATI:S:G DROP \1E\1BER. TR..\..\/SFER S BET,YEE:S: !:S., tSTME::-..1 OPTIONS SHALL BE IN ACCORDANCE WITH THE ?.l-LES . .\.'\."D REGULATIOi':S OF THE DROP . A DROP ACC OL-XT Sr_.\LL BE ESTABLISHED FOR EA CH PART!CIPATI:S:G DR O P \E\IBER. SUCH DROP ACCOC::-..-r SH...\LL BE ADJCSTED , NO LESS F?.:':QL"ENTLY TH . .\:S: K . L. M. A..N'NUALLY FOR CONT RIB iT!Or-:S , DISTRIBL"TI O:S:S . .\..'\."D :-.r:T INVESTME::-..1 EAR:--:I:--:GS AXD LOSSES . REGULATIO:S:S . THE RET!RE\IENT BOARD IS Al"T~ORIZED TO ADOPT RULES AND REGULATION S GOVER:-.1NG THE ORO ?. FEES. IF THE DROP ACCOUN""T SH...\LL BE SL13JECT TO . .\::-..-Y FEES OR CHARGES OF A.'ff Kl~. SUCH FEES OR CH...\.."R.GES SHALL BE CHARGED TO THE P • .\RTICIPATIKG DROP ME\IBE?.·s . .\CCOUNT. FORM OF PA't:.IENT. FOR P URPOSES OF THI S Sll3SECTION 3-6-7-8 HEREOF, A "RETIREE" IS A PARTICIPATING DROP \lE'.\IBER WHO TER..\11NATES E'.\IPLOY)1EJ:l.'T OR REACHES THE THREE-YEAR LIMIT FOR PARTICIPATION I!\ THE DROP . A RETIREE \ll_.ST CHOOSE ONE OF THE FOLLOWING FORMS OF PA ThlENT FRO\! THE I~"DIVIDUAL'S DROP ACCO~""T: -16- • I· 0 • • .. • • -.. 1. DEFERRED PAD!ENT. D!STRIB CTIO .. FROM . .\. DROP . .\.CCOUNT l\HY BE DEFERRED U1'1'TIL . .\. DATE DESIGNATED BY THE RETIREE . WHEN DESIGNATING THE D . .\.TE UPO:,.i WHICH DISTRIBUTIONS SHALL CO'.\n-IENCE , TEE RETIREE :'vll.,"ST . .\.LSO DESIGNATE THE FORM OF PAY:..lDiT FROM O'.\l'E OF THE AVAILABLE OPTIONS . REGARDLESS OF THE DATE CHOSEN BY THE RETIREE , ALL DISTRIBUTIONS '.\ICST COl\L\lE:,.iCE ::S:O L..\TER THAN THE \'EAR IN WHICH THE RETIREE ATT . .\...l::S:S THE AGE OF 70 1/2; 2. LUMP SUM. A ONE-TIME DISTRIBUTIO::S: OF THE RETIREE 'S ENTIRE ACCOUNT BAL.\NCE . I:,.iCL UDI:::,.;G A DIRE CT ROLLOVER UNDER SUBSECTION 3-6-17-3; 3 . PERIODIC PAYMENTS DESIGNATI:,.iG . .\..'-i • .\..\!Ol'NT . DISTRIBUTION OF THE RETIREE'S ACCOCNT B . ..\L.\.::S:CE BY M0!1iTHLY PAYMENTS IN AN . .\..\!Ol.NT DESIG::S: . .\.TED BY THE RETIREE . UNTIL THE ENTIRE B...\L.\:,.i CE OF THE ACCOC<T IS DISTRIBCTED; 4. PERIODIC PA\"".\1E:,.iTS FOR . .\. DESIG::S:A ED PERIOD OF Tl '.\l E . MONTHLY PA"r"".\1ENTS TO THE RETIREE FOR . .\. PERIOD DESIGNATED BY THE RETIREE . THE P . .\.Y'.\lE::S:T WILL BE CALCL'LATED SVCH THAT C P O,',: THE OCC L'RRE::S:CE OF THE LAST MONTHLY PA\"".\1ENT , THE ENTIRE BALANCE OF THE ACCOUNT WILL BE DISTRIB UTED : 5. I:,...'ITIAL Ml1'11MUM REQL,1RED DISTRIB C TI ON. ACCO U NT BALAN'CE IS DISTRIBGTED AS PERI ODI C PAY\-IENTS TH..\.T ARE C • .\.LCULATED BASED Olli THE RETIREE 'S LIFE EXPECT • .\..'-:CY (A.,"D THE LIFE EXPECTANCY OF THE RETIREE'S DESIG:,.iATED BENEFICIARY, IF APPLICABLE): OR 6 . COMBINATION OF LUMP Sl~l A:,...1) PERIODIC PAY~lENTS .. .\..'I I~TIAL LUMP SUM PAYMENT OF A:>i • .\..\IOUNT DESIGNATED BY THE RETIREE , FOLLOWED BY A DESIGNATION OF A Nl,~lBER OF SUBSEQUENT MONTHLY P . .\. Y'.\IE::,.;Ts OR AN A.\IOUNT PAYABLE ON A MONTHLY BASIS . REGARDLESS OF THE FOR.\l OF P . .\. DIE:-.;T THE RETIREE CHOOSES, THE MINIM UM DISTRIBGTION AMO UNT WILL BE DETERMINED AND MADE IN ACCORDAXCE WITH CODE SECTION 401 (a) (9), AND THE REGL'L.\.TIO:-.;S THEREUNDER. I , CLL"DING 1.'vllNIMUM DISTRIBUTION INCIDE:-.;T . ..\L DEATH BENEFIT REQUIREMENT OF PROPOSED I'.liTER::S: . ..\L REv'ENUE CODE REGULATION SECTION 1.-101 (a) (9)-2 , (PL"BLISHED IN THE FEDERAL REGISTER ON JULY 27 , 1987). THE MI~Millvl DISTRIBUTION IS RECALCULATED ANXUALLY ON THE BASIS OF THE LIFE EXPECTANCY OF THE RETIREE A iD THE RETIREE'S DESIGNATED BENEFICIARY. IF APPLICABLE . IF ELECTED IN WRITING BEFORE THE REQ UIRED BEGI:-JNING DATE UN"DER CODE SECTION 401 (a) (9), BY THE RETIREE , AND/OR THE RETIREE'S SPOUSE, IF APPLICABLE , THE LIFE EXPECTA..'ICY OF -1 7 · • I· 0 • • -• .. • , . .. • -' THE RETIREE A.\il)/OR THE RETIREE 'S SPOCSE SH.-\LL BE RE CALCCLATED A:\~.-\LLY . IF THE RETIREE :VLlliES :>10 SELECTI 0:'1 .-\::, TO FOR.\! OF PAY'.\IE:-lT WlTHI:-l THIRTY (30) DAY S OF TER'.\fl:\".-\ no :,.; OF E'.\IPL ODfENT OR EXPIR.-\TJO N OF THE THREE-YL-\R LI:VIIT FOR P . ..\RTI CIPATIO N l~ THE DROP , A L u'NIP SDI P.-\DIE:\"T SH.-\LL BE l\L-\DE. N . PARTICIPATI NG DROP ME:VIBER 'S DEATH : SPOCS.-\L BE XEFIC IARY . IF THE PARTICIP.-\TING DROP ME:VIBER DIES DLl U:,.;G TH E PERIOD OF THE PARTICIPATING DROP MEMBER'S PARTICIPAT!O X IX THE DR OP A.\ffi THE P . ..\RTJCIPATING DROP MEMBER'S DE S IGXAT ED BENEFI CL..\RY IS THE P . ..\RTICIPATl:-lG DROP '.\IDIBER'S .S CR\Tvl'.\G SPO USE TO WHOM THE PARTI CIPATI NG DROP '.\IDIBE R W.-\S LEGALLY :VIARRIED AT THE TI:VIE OF THE P.-\RTICIPATIXG DR OP MEMBER'S DEATH . THE P . ..\RTI CIP.-\TI NG DR OP '.\IDIBE R'S DESIGNATED BENEFI CL-\RY SH.-\LL RE CEI VE .. -\T THE BE:\'"EF!CL-\RYS OPTIO N, AL 'MP SD·! P.-\1':\IE:S:T FRO'.\! TH E DE CE.-\SE D PARTICIPATING DR OP '.\!DIBER'S IXDl\1DL-\L DR OP .-\CCOC :\T BALANC E OR EQ L'AL '.\I ON THLY IX ST.-\LDIE:S:T PA.Y'.\IE:\"TS FRO'.\,( THE DECEASED PARTI CIP.-\Tl:S:G DR OP :VIDIBER'S 1:\1)!\lD L -\L DR OP ACCO UN T OVER A PERIO D :-.IOT TO EX CEED THE SP OCSE·s LIFE OR LIFE EXPECTA 'C Y. IF :\0 SELECT!Ol\ IS '.\L-\DE BY TH E DESIG :S:ATED BENEFICIARY \\TITH!:\ SIXTY (60) DAYS OF DE .-\T H OF THE PARTICIPATI:-lG DROP :-.IE:VIBER. A LC'.\IP SDI PADIE:\"T SH.-\LL BE MADE . 0. PARTICIPATING DROP :V!E:VIBER 'S DEATH: l\OX-SP OL'S.-\L BENEFICL-\RY . A l\>IARRIED P.-\RTICIPATING DR OP '.\fD IBER '.\L-\ Y DESIG:-lATE SO!V!EO!\'E OTHER TH.-\N HIS SPOCSE TO BE.-\ PRl'.\L-\RY BENEFI CL..\RY . PROVIDED SPOCSAL CONSEXT AS PRES CRIBED l.. S UBSECTION 3-6·8· 7, HEREOF. IS OBTAI:-lED . IF TH E P.-\Jff!C IPATl~G DROP MDIBER DIES Dl'RING THE PERIOD OF THE P.-\RTI CIPATIN G DROP ME:VIBER'S PARTI CIPATION IN THE DR OP , .-\.."-1) T HE PARTICIPATING DROP :V!EMBER'S DESIG~ATED BEXEFICL-\RY IS SOMEONE OTHER TH.-\.."\/ THE PARTICIPATl:S:G DR OP '.\IL\IBER'S SURVIV1NG SPOUSE TO WHOM THE P.-\RTI CIPAT !XG DR OP :VIEMBER WAS LEGALLY MARRIED AT THE TIME OF THE P.-\RTICIP.-\Tl:-lG DROP MEMBER'S DEATH , THE DESIGNATED BE:--.'EFI CL-\RY SH.-\LL RECEIVE A LUMP SUM PAYMENT EQ UAL TO THE DE CEA S ED P.-\RTICIPATING DROP MEMBER'S INDIVID U.-\L DROP .-\CCOCXT B..\L-\.."-:-CE . P . PARTICIPATI NG DROP ME'.\'1BER 'S DEATH ; :-l O DES!GXATED BENEFICIARY . IF THE PARTICIPATING DROP '.\>IDIBER DIES DURING THE PERIOD OF THE PARTICIPATING DROP ME'.\IBER'S PARTICIPATION IN THE DROP , AND THE DESJG::-.:ATED BE::-lEF!CIARY HAS NOT SURVIVED THE P.-\RTICIPATl:-lG DROP '.\rE'.\IBER. THE PARTICIPATING DROP MEMBER'S ESTATE SHALL RECEIVE A LUMP SUM PAntENT EQUAL TO THE DECEASED PARTICIPATI::-.:G DROP MEMBER'S INDIVID UAL DROP ACCOUNT BALA.'iCE . Q . NO IMPACT OF DROP PARTICIPATION ON OTHER DEATH .-\.'ID DISABILITY BENEFITS . DROP P.-\RTICIPATION SH..-\LL ::-:OT AFFECT -l 8- 'I ·. 0 I· 0 • • • .. • / • •• .. .... ANY OTHER DEATH OR DISABILITY BENEFIT PROv1DED TO A MEJVIBER UNDER FEDERAL LAW , STATE L...\W , CITY ORDINAi'lCE , OR ANY RIGHTS OR BENEFITS UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT. R. RETROACTIVITY (BACK-DROP). FOR P URPOSES OF THIS SlJBSECTION 3-6-7-8(R), "RETROACTIVE PARTICIPATION DATE " ME . ..\..'lS JANUARY 1, 1999, OR SUCH LATER DATE AS WOULD HAVE BEE:,.i ON OR AFTER AN ELIGIBLE MEMBER'S RETIREMENT DATE . Bl"T PRIOR TO THE EFFECTIVE DATE OF THE DROP. AND WHICH W . ..\S SELECTED BY THE ELIGIBLE MEMBER TO COMME~CE PARTICIP.-\TIO:-: I:,.i THE DROP. NOTWITHSTANDING SUBSECTION 3-6-7-8(.-\), HEREOF.-\~ ELIGIBLE MEMBER WHO WOULD HA VE Q UALIFIED FOR THE DROP ON HIS RETROACTIVE PARTICIPATION DATE . HAD THE DROP BEEN IN EFFECT ON THAT DATE, MAY ELECT TO H....\VE HIS l~"DIVIDUAL DRO P ACCOUNT CREDITED WITH A ONE-TI'.\IE LDIP SL:.! P.-\DIENT. S UCH ONE-TIME LUMP SUM PADIE~T SHALL EQ C.-\L THE Sl-:VI OF THE NUMBER OF PENSION PA'{ME~TS WH IC H \\'Ol"l,D H..-\VE BEEN PAYABLE PRIOR TO THE EFFECTIVE DATE OF THE DROP, HAD THEY COMMENCED ON THE '.\i!E:\IBER'S RETROACTI\"E P.-\RTICIP.-\TION DATE . CREDITED WITH l~TEREST CSIXG TH E . ..\CTC.-\RI.-\L I::,.iTEREST RATE ASSUMPTION PROVIDED INS "BSE CTI OX 3-6 -2-2 (C), HEREOF . SUCH LUMP SUM PA'{MENT SHALL BE '.\-l-\DE AS SOO X AS ADMINISTRATIVELY FEASIBLE AFTER THE EFFECTI\"E DATE OF THE DROP . IF A PARTICIPATING DROP '.\ilE.'.\fBE R ELECTS TO H....\VE THE ONE-TIME LlJMP SUM PAY'.\i!ENT DEPOSITED !XTO HIS DROP ACCOUNT. THE THREE-YEAR PERIOD SPECIFIED IN SCBSECT!ON 3-6- 7-8F , HEREOF, WILL BEGI:-.1 TO RUN. NOT OX THE DATE OF SUCH ELECTION, BUT ON THE P.-\RTICIPATING DR OP '.\IDIBER'S RETROACTIVE PARTICIPATION DATE . S . FIDUCIARY LIABILITY : THE DROP IS IXTEXDED TO FOLLOW SECTION -!04 (c), OF THE EMPLOYEE RETIRDIEXT IXCOME SECURITY ACT OF 197-t ~AND THE APPLICABLE DEP.-\RT:\>IE~T OF LABOR REGUL-'\TIONS. FIDUCIARIES OF THE PL-\.., '.\L-\ Y BE RELIEVED OF LIABILITY FOR ANY LOSSES WHICH ARE THE DIRE CT k'lD NECESSARY RESULT OF INVESTMENT IXSTRCCTIO~S GI VEN 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 pro,ided 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- ., .. 0 I· 0 • • • .. ~ ,,,-. • ' . .. , . • • ' date of the first payment of retirement benefits under the plan . However, an optional form of payment may not be elected unless the value of the payments expected to be paid to the member exceeds fifty percent (50 %) of the value of the total benefits to be paid under such optional form. 3-6-8-2: QCALIFIED JOINT AND SURVIVOR BENEFIT OPTION: The Qualified Joint and slll"\,;vor Benefit option pro";des an adjusted mont1'J y Retirement Benefit payment during the Retired :\-!ember's life ; and the spouse (to whom the ~[ember was married when lus Retirement Benefit commenced), if surviving at the Members death, shall receive thereafter for life a monthly Retirement Benefit of fifty percent (5 0%) of the adjusted monthly amount paid to the Member. Within a reasonable time before the :\,!ember's Retirement Benefit commencement date hereunder, the Retirement Board shall provide to the Member a written explanation of the terms and conditio ns of the Qualified Joint and Fifty P er cent (50%) Survivor Benefit set forth he rem and the effect of refusing it. If on or after January 1, 198i, the Employee wi s he to elect a fo rm of payment other than the Qualified Joint and Survivor Benefit (descnbed in this Section), such election w1ll n ot become effective unless hi s spouse (if he ha s a spo use who can be located) co n se nts m writing to such election. acknow ledges the effect of such election and has s u ch consent and acknowledgment witnessed by a Plan represe ntative or a notary public A properly completed benefit election form (furnished by the Retirement Board) must be returned to the Retirement Board within ninety (90) days prior to the :\lember·s benefit commencement date. If the :\,!ember files another election form after the earlier form and prior to his benefit commencement date , the earlier form shall be annulled. 3-6-8-3: 01\iE HUNDRED PERCE:-.'T JOI>;T A."1D SL"RVIVOR BEN"EFlT OPTIO'.\i : The one hundred percent (100%) Joint and Survivor Benefit option provide s adjusted monthly Retirement Benefit payments during the Retired Member's life. and upon his death after retirement, continue payments in the same amount to a designated Beneficiary during the life of such Beneficiary. 3-6-8-.t: FIFTY PERCENT JOINT AND SURVIVOR BE~FIT OPTIO N : The fifty percent (50%) Joint and Survivor Benefit option provides reduced m onthly Retirement Benefit payments during the Retired Member's life , and. up on his death after retirement, continues payment in an amount equal to one-half (l/2) of the amount of such reduced payments to a designated Beneficiary during the life of such Beneficiary. Payment shall be continued to the designated Beneficiary for life . 3-6-8-5 : FIVE YEAR CERTAIN AND LIFE BEN"EFIT 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 (6 0) 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 OPTIO N: -20- ' .. I • 0 • • • I• ... • • - .. .. The Lifetime Benefit option provides increased monthly Retir ement Benefit pay ments during the Retired Member's life with n o co ntinuations of paym e nt after his dea th. 3-6-8-7 : BENEFICIARY: The Member or Vested Member must des ignate lus Bene ficiar y m wr:mn g . If on or after January 1. 1987, a married Ylember or Vested .\-!e mb e r wishes to designate someone other than his spouse to be a primary Beneficiary (or w ish es to co nti nue , after January 1, 1987, such a des ignation made prio r to January 1. 1987). s uch des ignation will not become (or co ntinue to be) effective unless lus s p ou se l ll his spouse can be located) consents in writing to such designation (or form of be nefits ) which may not be changed without spousal consent (or the co nse nt of the sp ou se express ly permits designations b y the Me mbe r or \'ested .\-!e m be r w itho ut a n y requirement of further consent by the s p ouse), acknowledges t h e effect of s uch designation and has such consent and acknowledgm e nt witnessed by a Plan representative or a notary public. Such designation s h all be m ade m writing upon a form provided by the Retirement Board a nd s hall be fil ed with the Re tire m e nt Boa rd. The last s u ch des ignation fil e d wnh t h e Retll'ement Board s hall co ntrol. 3-6· -8 : '.\Tl~'.\IDI '.\I O ~THL Y PA nIE~TS: I f the m onthly be nefit t o which a ny '.\!e mber . Vested '.\!e mber or Be n eficiary s ha ll become e ntitled under the Pl an s hall be less tha n on e h undred do llars (Sl00.00), the Retirem e nt Board shall have the nght to direct that the Actuar ial Eq uivale nt of such benefi t s hall be paid in a lump s um or in installments a t s u c h intervals as wi ll r esult in each payment am o unting to at least one hundred dollars (S 100.00 ). 3-6-9: DEATH BENEFITS : 3-6·9·1: DEATH OF Al\: .-\CTIVE .\-!EMBER WITH Fl\t (5) OR '.\!ORE 'l'tARS OF SERv1CE: If a n active Member dies after completing fiv e (5) or m ore years of se ,-,.;ce . the surviving spouse shall receive fifty p e rce nt (50%) of the '.\!embe r 's accrued be nefit for one hundred twenty (120) months certain and life the r eafter. H owever , if the s pouse is more than five (5) years yo unger tha n the :\<!ember , the monthly benefits will be reduced by one and one-half pe rcent (1 .5 %) for each year that their diffe r e n ce i n age exceeds five (5) yea rs . If the Me mbe r is not surv;ved by a spo u se. his de si gnated beneficiary shall receive fifty perce nt (50%) of the :Member's monthly accrued benefit for one hundred twenty (120) months certain. If the Member is n ot survived by a designated Beneficiary, the one hundred twenty (120) monthly payments shall be computed and paid in a single sum to the Member's estate . The payment to the surviving spouse or designated Beneficiary will commence on the first day of the month following the date of the Member's death, or if later, the date the .\-lember would have attained age fifty.five (55). If a Member's death occurs prior to hi s fifty-fifth (55th) birthday, the Retirement Board may elect, with the consent of the Member's spouse , designated Beneficiary or estate to pay the spouse. Beneficiary or estate a single sum payment at the time of the Member's death . equal to the Actuarial Equivalent of the payment due when the Member would have attained age fifty.five (55). -21- ' ' ) I • 0 - • • -• / 3-6-9-2: .. ~ ~~·· • ·- • -.. DEATH OF A VESTED OR DISABLED .\!DIBER PR IOR TO COMYIENCE;\l!ENT OF PX'!YIENTS : ,. ' ' In the event a Vested '.\<!ember or a dis a bled '.\<!ember dies prior to the commencement of p ayments from the Plan. the surviving spouse shall r eceive fifty percent (50 %) of t he :\-!ember's . .\ccrued Benefit for one hundred twenty (120) months certain and life t hereafter. However. if the spouse is more than fise (5) years younge r than the Member, the monthly benefit will be reduced by one a nd one-half percent (1.5%) for each year that their difference in age excee ds fi,·e (5) years. If the Member is not survived by a spouse, his designated Beneficia ry shall receive fifty percent (50%) of the Member's monthly Accrued Benefit for one hundred tw enty (12 0) months certain. If the Member is not s urvived by a design ated Beneficiary, the one hundred twenty (120) monthly payments shall be co mputed and paid m a single sum to the Member's estate. The paym ent to the sun,vmg spo use or designated Beneficiary will commence on the fir s t day of the month follo wing the date of the :\!e mber's death . or if later, the da t e the '.\<!ember would ha,·e attam ed fi.fty-fise (55 ). If a Me mber's death occurs prior to hi s fifty -fifth (55 th) birthday, the Retirement Board may elect. with the consent of t he :\!e mbe r 's spouse , designated Beneficiary or estate to pay t he spouse, Beneficiary or estate a m gle sum payment at h e time of the :\!ember's death, equal to t he Actuarial Equi valent of the payment ·ue when the :\!e mber would have attamed age fi fty-five (55 ). 3-6-9-3 : DEATH O F A.'i ACTIVE '.\!E:\IBER BETWEE:--:--OR :\L.\L A:--D DELAYED RETIREME:-JT DATES: In the event a :\-!e mb er co ntmues in City employment after !us normal retire ment date and dies before actually retiring. then he shall be dee med to have retire d on the first day of the cale ndar month in which he dies . If an optional form or pay me nt has been elected. the death be nefi t . if any , shall be determined by the option e le cted . If n o optional form of payme nt has been elected , the :\!ember's monthly Accrued Be n efit s hall be paid to !us s UJ"V1ving s pouse for one hundred twe nty (120 ) months certain . If the Member is not survived by a s pouse . his designated Be n eficiary s h a ll re ce ive on e hundred percent (100%) of the :\!ember's . .\ccrued Benefit fo r one hundred twe nty (120) months ce rtain . If the Member is not survived by a designat ed Beneficiary, the one hundred tw e nty (12 0) monthly payments shall be com puted a nd paid in a single sum to the Member's estate . Death benefi t payments s h all co mm ence on the fir s t day of the mon t h following the :\-!em be r 's death. 3-6-9-4 : DEATH OF A RETIRED MEMBER OR BE . iEFI CL\RY : In the event a Retired '.\<!ember or Beneficiar y dies while receiving Retirement Be nefit payments, the death benefit, if any, will be determined by the form of Retirement Benefit being paid . In the event that no designated Beneficiary is living at the death of such Retired Member and term certain payments are due. the Actuarial Equivalent value of the monthly installments for the balance of the term certain will be computed and paid in one s um to the estate of the Re t ired :\!ember. If at the death of the last surviving Beneficiary following the death of the Retired Member, monthly installments have not yet been paid for the full period of the term certain, the Actuarial Equivalent value of the installments for the balance of the term certain will be computed and paid in one sum to the estate of the last surviving Beneficiary. -22- ' ' ) I • 0 . ]- • • .. ~ -· • , . ,. • -' 3-6-9-5 : SUPPLEMENTAL DEATH BENEFIT FOR ~MBERS HIRED PRIOR TO JANUARY l , 1976: In addition to the death benefit provided in SUBSections l , 2 and 3, OF THIS SECTION 9 , ftef'eei, a lump sum supplemental benefit shall be payable to the designated Beneficiary of any active Member, Vested ::VIember or disabled :\•!ember 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 s um payment shall be made to his estate. 3-6-9-6 : Ci'-11FORM SIMULTANEOUS DEATH ACT: The provisions of any State law providing for the distribution of estates under the Uniform Simultaneous Death Act, when applicable . s h all govern the distr ib utio n of death benefits payable under this Plan. 3-6-10 : SEVERA.1.'iCE 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 de ath . 3-6-10-2: LESS THAN FIVE YEARS OF CREDITED SERVICE : Should a member's employment with the City terminate for r easons other than retirement. Disability or death prior to his Normal Retirement Date and prior t o his completion of five (5) years of Credited Sen-ice , the only benefit to which he s hall be entitled under this Plan shall be: A. The amount of his Accumulated Contributio ns , if a n y, plus B . Two percent (2%) of the Compensation received by the :\!!ember s ub sequent to December 31, 197 5 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 fi ve (5) or more years of Credited Service, he may elect either: A. B. To leave his Accumulated Contributions on deposit in the Retirement Fund and become a Vested Member; or 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. -23- ---~---- ., .. I • 0 • • .. • ~ • ,. ",• 4, .. • • .. If such a :'vlember fails to elect either of the above within ninety (90) days after his date of te rmination 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 members hip in the Plan. Such deierred Retirement Benefit shall commence on the first day of t he next month following the Vested Member's Normal Retirement Date. In lieu of receiving the deferred Retirement Benefit upon his ~fo rmal Retirement Date , the Vested Member may elect to receive a reduced Retirement Benefit beginning upon the first of any month subsequent to his attainment of age fifty.five (55). The reduction shall be one -fourt h of one percent (.25%) for each m onth (three percent [3%] per ye ar) by which paym ents commence prior to the first of the month following his ~ormal Retirement Date. A Vested Member may elect at any time prio r to his :'.'.fo rmal Retirement D ate to receive , in lieu of all other benefits under the Plan and provided benefit payments have not yet commenced . a refund of his Accumulated Co ntributions. if any, as of the date of the refund plus two percent (2 °~) of his Compensation received s ubsequent to Dece mber 31 , 1975 and prio r to January 1, 19 83 . 3-6-11: ADMINISTRATION OF THE PL\X 3-6-11-1 : RETIREMENT BOARD : There is hereby created a board to be know n as the "Retirement Board of the City of Englewood ," which shall be composed of seven (7) members. One (1) member shall be an elected member of the City Council who shall be selected by a maiority 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 t he City who are Members of the Plan, who shall be selected by a vote of all s uch '.\'!embers in accordance with such procedure s as the City Manager m ay adopt. from time to time. Three (3) members shall be taxpaying electors of the City who shall be se lecte d by a majority of the members of the City Council. In addition. the City '.\-lana ger, or his designee , shall serve in an advisory capacity, as an ex offic ial, n om ·o ting me mber. Members of the Retirement Board shall be appointed for four ( ·!l 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 Co uncil member; and B . The Director of Financial Services shall serve during his t enure in office as such Director. Should a vacancy occur in the membership of the Retirement Board, the same shall be filled for the duration of the unexpired term only, in the same manner as provided herein. Prior to entering upon the performance of the duties of a member of the Retirement Board. each member thereof shall take and subscribe an oath that he accepts the obligations imposed upon him by the provisions of this Plan and that he shall faithfully perform the duties of such office . -24- .. . ~ ' ' .. ' .. • I • 0 ] • • • .. • / • - Five (5) membe r s of the Retirement Board s hall 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. decis io ns and determinations of the Board s hall be recorded in the minutes of the Retirement Board and, unless inconsistent with the provisions of t he Plan. shall be binding a nd conclusive upon all interested parties. No member of t he Board shall receive co m pensat io n fo r his se!'Vlce on the Board but a member may be reimbursed fo r reasona ble expenses incurred in connectio n with his duties as a member of t he Board . 3-6-11-2: ivU.~AG EMENT OF THE PL<\!Y In addition to the powers and obligations impo se d up on the Board as Trust ee pursuant to SUBSection 3-6-12-1 hereof. the Retire ment Board s ha ll have all powe r s necessary to effect the management and adminis tration of t he Plan in acco rdance with its terms, including, but not limited to , the following: A. To establish rules and regulations for the a dministrat io n of t he Pla n. fo r managing a nd discharging the duties of the Boar d. fo r the Board '· own government and procedure in so doing , and fo r the p r ese n ·auon a nd the protection of the Fund. B. To interpret the provisions of the Plan and to dete rmine any a nd all que tion arising under the Plan or in connection with the admini stration the r eof. A record of such action and all other matters p r ope r ly co ming be fo r e the Boar d shall be kept and preserved. C. To determine all matters affecting the eli gibility of any Empl oyee to be or bec ome a :'\llember of the Plan . D. T o determine the amount of the Membe r 's co ntributions to be wi thheld by the City in accordance with the Plan and to m amtam s uch r eco rds of Accumulated Contributions as are necessary under s a id Plan. E. To determine the Credited Service of any :\!ember and to compute the a mount of Retirement Benefit, or other sum , payable under the Plan to any per so n . F . To authorize and direct all disburse ments of Retirem ent Be ne fits a nd other sums under the Plan . G . To employ such counsel and agents and to obtain s uch clerical. medical. legal and actuarial services as it may deem nec essary or appropriate in carrying out the provisions of the Plan. H . With the advice of its actuary to adopt, from tim e to time for purposes of the Plan. such mortality and other tables as it may dee m nece ssary or appropnate for the operation of the Plan. I. 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. -25- • . l I • 0 J- • • • .. ~ ,.--· • .. • -.. J . To hold assets of the Plan in a special account entitled '"Retirement P lan Fund.'" a nd invest and reinvest the same and to m ake such withdrawals therefrom as are a u t horized by t h e Plan for the payment of Retirement Be nefits a nd the expenses of the Board and the members t h ereof. K. To create reserves from such asset s fo r any purpose . L. To maintain such r eco rds and accounts and to r ender such financia l statements and reports as may be required by the City Co uncil . " M . To authorize one o r more members of the Retirement Board to sign all legal documents and reports on behalf of the Reti rement Board. N. To perform such other duties as may be required of a Plan Admini srr:itor under the applicable laws and regulations. 3-6-11-3 : MISCELLA~"EOCS : All proper expense in c urred by the Retirement Boa rd in the adm1rustrat1on oi the Plan. if not paid by the City . shall be paid from the Fund when authorized by the Retirement Board. The Retirement Boa rd shall have n o power to add to . subtract fr om or modify any o f the terms of the Plan, nor to change or add to any benefits provided by the Plan, n or to waive or fail to apply any reqw.rements of eligibility for Re tire ment Benefits unde r the Plan. A member of the Retirement Board shall n ot vote on any matter r elating so lely 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 disq ualified member concerning the matter in wluch he is disqualified . The decision of the Retirement Board and any action taken by it in respect to the management of the Plan shall be conclusive and binding upon any and all employees, officers , former employees and officers , Members. Retired ::Vlembers , Vested Members , their Beneficiaries, heirs, d.istributees, 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 Cou n cil or any of their mem hers shall be construed as giving to any Member or other person any legal or equitable right against the City or any officer or employee thereof or against the Retirement Board, the City Council, or any of their members. 3-6-12 : RETIREMENT PLAN TRUST FUND: 3-6-12-1 : APPOINTMENT OF TRUSTEE: The Retirement Board of the City, and its members, are hereby appointed and constituted Trustee of the Retirement Plan Fund and shall hold, m anage and control the same in accordance with the provisions herein contained. 3-6-12-2: THE TRUST FUND: -26- ~ ' . ) I • 0 • • .. " -• ,~ :c.' . ,< ., • -.. ... ., 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. :-.lo part of the said corpus or income shall be used for or diverted to purposes other than the exclusive benefit of the Members. Retired ~[embers. Vested Members , their Beneficiaries or estates under the Plan. prio r 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 .• o person shall have any interest in or right to any part of the assets of the Fund except as and t o the extent expressly provided in the Plan. 3-6-12-3 : PURPOSES AND AUTHORITY OF THE TRL"STEE : It is the purpose and intent of the City m constituting and appomnng the Retirement Board as Trustee of the Trust Fund to give the Re nrem e nt Board full power to establish such investment or purchasing program s as the Re tirement Board may deem nece ssary or appropriate to provide as, urance that the ~e s hall be an adequate source for the payment of all be nefits pro,·1ded herem . T he Trustee, however, shall not be r espon sible fo r the co llection of any City or Empl oyee contributions . In se rvmg as Trustee . the Retir ement Boar may dete rmine to : A. Use the Trust Fund for the purchase of one or mor e gr oup annuity , or other, insurance poliCJes from one or more Ins urance Co mp arues authorized to do business within the State of Colorado. whereby said Insurance Company agrees to pay all or a pomon of the benefits herein provided for : or B. Contract with a commercial bank. chartered under either the statutes of the State of Colorado or the Uruted States of America and doing business within this State , with a trust company organized pursuant to the statutes of the State of Colorado and doing business within this State , or with a member of the New York Stock exchange or the American Stock Ex change . doing business within this State, to have any of such parties invest funds on behalf of the Trustee; or C . Directly invest the assets of the Trust Fund; or D . Establish an investment program . partly funded by ins urance and partly funded by investments; or E. Retain on a discretionary basis an investment advisor licensed as such under the United States Investment Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said Act. 3-6-12-4: INVESTMENTS : In serving as Trustee. the Retirement Board shall be authorized and empowered , in its sole discretion, to invest and reinvest the Trust Fund AS FOLLOWS : , .. itheitt diettnet!en l,etu. een prineiplll llnd ine11111e, in 111teh e11111men !teelts, preiei:Ted steelts, 8011:ela , 11eies , elchcnewes, mertgsge!. eerttfieatle! a,ul "eher :,eettrities, ifl • es1rmeftfi8, relll er pet9!1111ll prepere, 11{ lln, ltind , inelitdmg plll'ehllse ll!ld lell-e e!lelt tr1111111left11n11, ineereate in eii llnd ether depleeal,le 1111t111"11l re_e tll'ees , in, estme11t ift m1tt1tlll funds (epen end er ethe"'iae) llll it mil, determine , ~ith111tt regard te -27- • ' . .. I • 0 • • -• . · , .. ... .. • • - ii l,etl,er sttel'l i11, estmel'lts ma) :,reth1ee -ttr.ent meeme . :,re ,iaea. !,e ii e, er, tl'lat sl,ettla tee Retireme1u Beare l'letermi11e te malte ifl, estme11ts MPeetl,. ii itl'lettt al"l in,estment ma11ag-me11t ee11tr!let .itl'l e eallif , trtt@t eemp1t11) i11,estme11t eett11aeler er steelt e.ten!l11g _ 111e111l,er . tl,e11 the Mlle .. iftg limitatie11s 31,aH appl). A. Tl'le ag0 .e.,ete afma11e;s ift.estel'I m ee1:,e1ate stee!t efaH lti111ts , tege:l'le. ":,1, me11e) s i11, estel'l tft eerperate l,e11l'ls ee11, e??il!le te eer:,er !lte steelt. sl,aH 11et e:-teee!i thirt) peree11t (39%) eftl,e l,eelt ,edtte ef tl'le asseil! eftl'le Trttst Ftt11ei heiftg l'lireetl) i11,estel'I , a11l'I ASSETS OF THE RETIREMENT Fl.i:'.'<1) (OTHER THAN ASSETS OF THE DROP ACCOUNTS) SHALL BE !:'.'<'VESTED IN ACCORDANCE WITH COLORADO REVISED ST . .\TUTES SECTIO:--: 15- 1.1.-102, UNDER THE UNlFOR:\-1 PRUDENT INVESTOR ACT . B . ~le in,estme11t i11 tl,e steelt , ar ee11,ertil,le l,e11l'ls. af a11, single ee1pe1aueri alo.al! e.1eeel'I fi,e peree11t (Ii%) efthe l,eelt ,altte efthe Etssets eftl,e Trtt!t Ftti .l'I !,etl'.g eireetl, i11,estel'I , a11e . .\SSETS OF THE DROP ACCOUNTS SHALL BE INVESTED IN ACCORDANCE WITH COLORADO REVISED STA T CTE S SECTION 24-54-112 (3) (c). G. ~'it 11e time shall tl'le Trttst Ftt11l'l hela 111e1 e tl,an Je . e .. per ee .• t (7 %, e f t r.e etttsta11ei11g steel1s er he11l'I@ ef 3PIJ eerper atie11 . 3-6-12-5: TRUSTEE'S POWERS : Subject to the provisions of SUBSections 3-6-12-3 and 3-6 -12·4 . h e reof. m it s investment and admllllstration of the Trust Fund, the Trustee is authorized an d empowered with respect to any securities or other prope rty he ld m the Trust Fund : A. To sell, exchange . convey, transfer, lease for any period . pledge . m ortgage . grant options, contract with respect to or otherwise encumber or di s pos e thereof, at public or private sale , for ca s h or upon cr edit or pa rtly fo r both . and no person dealing with the Trustee shall be bound t o see to the applicatio n of the purchase money or to inquire into the validity . e:-.-pediency 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 proceeding involving the Trust, and to reduce the rate of interest on, to extend or otherwise modify, or to foreclose upon default or otherwise enforce any such debt, obligation or claim . C. D. To give general or specific proxies or powers of attorney with or without power of substitution. 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 or with a trustee or depositories designated thereby, or to exercise any rights to subscribe for additional stocks, bonds or other securities and to make any and all necessary payments therefor, and to join and participate in or to dissent from and oppose any reorganization. recapitalization, consolidation, liquidation, sale or merger of corporations or properties in wluch it may be interested as Trustee, upon such terms and conditions as it may deem wise. -28- . ' ) I • 0 - • • • • ,. ----. • • - ... E . To regi ster 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 s uch securities are held in a fiduciary capacity, or to hold any securities m bear e r form , but the books and records of the Trustee shall at all tim es s h ow that all such investments are part of the Trust Fund. F . To retain . manage . operate, repair, improve , partition, dedicate or otherwise deal with any real estate held by it. G . To retain uninvested such cash as it may deem necessary , without o bligation to pay interest thereon. H . In general. to exercise all powers in the management of the Trust Fund wluch any individual could exercise in the manageme nt of prope rty own ed in !us own right. Necessary parties to any accounting, litigati on. or other proc eedings s h a ll include only the Trustee and the City Council . and the settlement o r j udgme n t in any s u ch case in wluch the Cit y 1s duly se rved or cited s hall be binding up o n all Members. Retired :\'!embers . Ves t ed ~!ember s. or Beneficiaries unde r the Plan . and up on all persons claiming by, through or under them . 3-6-12-6 : ADMI:-S1STRATION OF THE TRCST Fl.iND : The Trustee shall pay or distribute all Plan benefits fr om the Trus t Fund m s uch form. in such amounts, at such times and t o such payee s as may be a uthonzed by the Retirement Board. The Trustee may employ suitable agents and counsel. The expens es incurred by the Trustee in the performance of its duties hereunder and all proper charges a nd d isbursements of the Trustee, including all taxe s lawfully a s sessed up o n or in respect of the Trust Fund or its income , shall be charged and paid by the Trustee from the Fund. No member of the Retirement Boa rd . a s Trustee , shall rece ive compensation for his services as such b ut shall be entitled to be re imbursed for any expenses incurred by him on behalf of the Trust Fund to the extent that such expenses are not paid by the City . The Trustee shall keep detailed, accurate accounts of all investments . receipts and disbursements and other t r a nsactions hereunder. All accounts , books and records relating thereto shall be open to inspection by any pers on designated by the City at all reasonable times . The Trustee shall maintain such records . make such computations and perform such ministerial acts as the City from time to time may request. On or before August 1 and February 1 of each year, the Trustee shall file a report with the City in such form as the City may request . This report s hall show all purchases, sales, receipts , disbursements and other transactions effected by the Trustee during the six (6) month period for which the report is filed . It shall 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 City, 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 such report, the City gives the Trustee written notice of its objection or objections to any matter set forth therein. -29 - ... I • 0 - • • I ' ' -• .. ,. ,,-·• • " / , . • -' ' The Trustee sha ll not be liable , either as a body or indi,;dually. for t he makmg, r etention . or sale of any investment or r einvestment made by it or originally re ceived by 1t as herein provided nor for a ny exp ense or liability . hereunde r . nor for a ny loss to or diminution of the Trust Fund unless d ue to or arising fr om its own gro s s neglige nce. misco nduct, di shone sty or lack of good faith . The Trustee may co nsult with cou nsel and s h all be full y protected in actmg up on the ad,;ce of counsel. Cnless othe rwise advised. the Trustee may ass um e that the Plan at all times q ualifi es under Internal Revenue Code Section -tOl (a ) and that the Trus t hereby establis h ed 1s at all times tax-exempt under Internal Revenue Code Section 50l (a), as a mended . or a s uccesso r p rovisio ns. The Trustee shall have no responsibility fo r t he acc uracy of any inform ation furnis hed it by t he City. 3-6-12-7: RE'.\IO V . .U. OF TR t:STEE : :'liotlung herein s h all be co nstrued to prohi bit the City Council fr om rem ovin g the Retirement Boa rd as Trustee of the Retirement Fund by appr opriat e a me ndm e nt to this agreement. C pon removal of the Trustee , the City Council s hall appoint a successor Trustee or Funding Ag ent. Upon delivery by the rem oved Trustee t o its successor of all prop erty of the Fund, le ss s uch reasonable am ount as it sh all de e m necessary to provi de for its expenses , and any t a xes or advances chargeable or paya ble out of the Fund, the s uccessor Trustee or Funding Agent shall t here up on have the powers a nd duties a s are conferred upon it by the Trust Agree ment or group annuity co ntract. No s ucce ssor Truste e or F unding .-\ge nt shall have a ny obligation or liability with re spect to the acts or omis sio n of its predecessor s. 3-6-13 : RETIRE'.\1E:'liT BENEFITS A~l) RIGHTS l:\'.illE:\'ABLE : 3-6-13-1 : I~ALIE~ABIL!TY: l\l embers , Retired :\!e mber s , Veste d Me mb er s a n d theu Beneficiar ies under the Plan are here by re str ained from selling . transfe rrin g, ant1 c1patmg. a ssigning, hypothecating, or othe rwise disposing of their Ret1reme nt Benefit . prospective Retirement Benefit. or any othe r rights or interest under the Plan. a nd a ny a t te mpt t o anticipate , assign, pledge , or ot herwi se di spose of the ,a me s hall be void . Said Retirement Benefit. prospective Re t irem ent Benefit and n ghts and inte r est s of said :\!e mbers. Remed .:\!e mbers. Ves ted :\1 embe r s or Beneficiar ie s sh all not at a ny time be s ubj ec t to the claims of creditor s or other s for liabilitie s or torts of sa id '.\!e mbe r s , Retired .Members , Vested Members or Be nefi c1anes, nor be liable to attachment, exec ution . or other legal proce ss . Notwithstanding the foregoing, the Retire ment Board may approve payment te 11n 11ltern11ti,e p11,ee 1'11 -e a ttpen 11n, "ttttitlif!eel aemestie rel11tiens er el.er " as ae6:l'!ea in Internal Re, e .. tte Caae Eieetitm 111&,l . ,1nel stteh pa, ment shaH net 1,e eleemea te l,e a premeiteel Mi e .• ,nien af eene!its . A. B . C. ASSIGNMENTS FOR : CHILD SUPPORT PCRPOSES PROVIDED FOR IN COLORADO RE\llSED STATUTES SECTIONS 1-1-10-118 (1) AND 14-1-1-107 , AS THEY EXISTED PRIOR TO J ULY 1, 1996. INCOME ASSIGNMENTS FOR CHILD SUPPORT PROVIDED FOR IN COLORADO REVISED STATUTES SECTION l-t-1-1-111.5 . WRITS OF GARNISHMENT THAT ARE THE RES ULT OF A JUDGMENT TAKEN FOR ARREAR.AGES FOR CHILD SlJPPORT OR FOR CHILD SUPPORT DEBT, AND -30- • '. ) I • 0 • • .. ,, -• •' ·, • -' ... D . PA'f:\!E~S :VUDE IN COMPLIANCE WITH A PROPERLY EXECUTED AND CERTIFIED COURT ORDER APPROV1NG .\ WRITTEN AGREEMENT DIVIDING RETIREMENT BENEFITS BETWEEN A :v!EMBER .\:>Jl) AN ALTER.'.'IATE PAYEE ("DRO"), ENTERED l~iTO Pl"RSUANT T O COLORADO REV1SED STATUTES 14-10-113 (6). 3-6-13-2: BA..'-'1<RUPTCY : If any Member, Retired Member, Vested Member or Beneficiary shall become bankrupt or attempt to anticipate , assign or pledge any benefits under t he Plan. then s uch benefits shall, in the discretion of the Retirement Board. cease. and in that event t he Retirement Board shall have authority to ca use the same, or a ny part thereof, to be held or applied to or for the benefit of such '.\,!emb er . his spo use . hi s children, or other dependents . or any of them . in such ma nner and in such proportion s as the Retireme nt Board may deem proper . 3-6-14: MODIFICATION OR TERMI NAT IO N OF PL\'.\i : 3-6-14-1: EXPECT.\TION: It is the e xpectation of t he City that it will co ntinue tlus Plan and the payment of its contributions hereunder indefinitely , but co ntin uance of the Pl a n 1s not as ·u med as a contractual obligatio n of the City . 3-6-14-2 : A.v!ENDMENT: The City reserYes the right to alter, amend, or termmate the Plan or any part ther of in s uch manner as it may determine , and such alteratio n . a m e ndm e nt or termination shall take effect upon notice thereof fr om the Ci ty to the Retu ement Board; provided that no s uch alteration or amendment s hall provid e that the Retirement Benefit payable to any Re tued Mem be r s h all be less than t hat prov,d d by his Accumulated Contributions or affect the r ight of any :\!e mbe r to rece ive a refund of his Accumulated Contributions and s hall not directly or mduectly r educe any Member's Accrued Pension. And provided furt her, that no alte r ation or termination of the Plan or any part thereof shall permit any part of t he Fund to revert to or be recoverable by the City or be used fo r or dive rted to purpose othe r than the exclusive benefit of Members , Retired '.\,!em be r s. Vest ed :\!e mb ers or Be neficiaries under the Plan, exc ept s uch funds , if a ny , as may r em ai n at termination of the Plan after satisfaction of all liabilities with re s pe ct to !\1 e mb e r s. Retired Members , Vested Members and Benefic1anes under the Pla n and a r e due solely to erroneous actuarial assumptions . Further , no amendme nt s ha ll cause the elimination of an optional form of benefit n or the elimination or r ed uctio n of a n early Retirement Benefit that continues after retirement . 3-6-14-3 : APPROVAL UNDER THE !NTER!ll . .\L REVE:,.I U E CODE: The Plan is intended to comply with the requirements of the applicable provisions of Internal Revenue Code Section 40l (a ), as now in effect or hereafter amended , and any modification or amendment of the Plan may be made retroactive , as necessary or appropriate, to establish and maintain such compliance . -3 1- • .. ,. • ' .. I • 0 • j ._ • .. • ,. .. • - 3-6-14-4 : DISCONTINUA.\JCE: The City reserves the right at any time and for any reaso n satisfacto ry to i t to discontinue permanently all co ntributions under this Pla n . Such discontin ua nce s hall be deemed to be a complete termination of the Plan. 3-6-14-5 : TER.\1INATION : In the event of a partial or co mplete termination of the Pl an. the Ac c~u ed Benefits up to the date of termination by the affected Employees and the,r Benefic1anes ·hall be nonforfe1table and all affected funds shall be allocated to affe cted :\!ember . Retued Members , Vested Members and Beneficiaries on the follo wm g pnonty basis of: A . An amount equal to the Accumulated Contr1but1ons , or balance ther eo f. wluch would be payable to the :\>!embers , Retired :\!embers . Vested :\!embers or Beneficia1;es should death occur on the date of the termmauon of t he P la n . B. An amount of the remaining a ssets equal to a pro rata port10 n determined on the basis of the r atio that the actuarial re serve fo r his . .\ccrued Benefi t mmus the a m o unt in A. above credited to him bears to the t ot al of such a ctuarial re ser ves minus the aggregate of am o unt s allocated under..\. above. 3-6-14-6 : D!STRIBL:TION: When the assets of the Trust Fund have been allocated as m d1cated above , the distribution may be made in the form of cas h or nontransferable annwty co ntracts as determined by the Retirement Board , provt ded that any affected funds remaining after the sat1sfact1on of all liabi.lmes to affected Members , Retired :\!ember s , Vested Members and Beneficiaries under the Pl a n may be w ithdra wn by the Reurement Board from the Fund and r efund ed to the City. 3-6-15: BE:q:FIT RE6TRICTJ0):6 0): E_\RLY TER?,m:.\TIO):: RESER\C:D B 6 16 1. RE6TRICTI0):6 m; TU-E.>;l'Y FIVE HIGHEST p _\m E? fPL OYE ES EFFECTIVE PRIOR TO J.ltNr_\.RY 1, 1993 . This Seetie11 sets ferth the limit!ltiens req'llires b, the lntera!ll Re, e!'ltte Se. ,-iee aa the Emple,er ee11trib1:1t1eas .. hieh m!IJ be tt,es fer the beaefits ef ee?tftt!'l Emple,ees. This Seetiea 3h!IH !lppl) te 111'1 Emple,ee enly if his !latieipe.tes aftfltted Peasiea e.1eeess ene thetts!las fi, e h1:1atirea aellars (IS l ,61lll .llll l ar,s the Empie_, ee "!13 !lmeng the !.,;eat, Ei,e (26) highest p!lis iasi.-istttils efhis Empie_ e. at tbe time ef stteh Empie, er's iaiti!ll establisMneat ef the Pl!la ("Plea" fer pttrpeses ef this Seetien, il'lel1:1aes the Pre .-ietts Pl!la) er the s!lte ef a s1:1bseqtteat !lm -.. smeat .. hieb sttbst!lntie.Hy iaere!lses the pessibttities ef aiserimiafltiea as te Pl!la beaefi.ts. The limit!ltien-s set fertb ia this 6eetien sh!lll beeeme applieable if. The Pl!ln is termin!ltea .. ithin ten (19) , e!lrs after its ia.itial est!lblishmePlt, er The Pensiea efan Empleyee beeemes p!l)!lble ,;ithin tea (ill) yeers fitter the initi!ll establishment ef the Pl!ln. If s1:1l,seetien B !lee, e is applieable , the restrieeiens 1111 tll remain in effeet ttntil the Plan has been in eil'eet fer ten (ill) years &em the in:itial establisMnePlt -3 2- • ' . I • 0 • • • _.,, .. • , . • - l!:1'16., if at tluit time , tbe fttl:l e1:1rre!'lt eests ba,e !,eel'!: fa¥...: • ..: .• he .escr:me!'ls w ttl 1'16 !eRger 11ppl). If s1:1eseetieR B 11!,e,e :s ilppl:ieal,le al'tfi. the ft:l!:I etH.e .• t --SB '..a e !'let l!eel'l funfi.efi. 11fi:er the Pl11l'l bas eeel'l il'l e!Ieet fer tel'l (19) : ezt. s &eriet the imtt11I estael:ishmeRt, the 1±:mitatiel'ls shaH eel'ltmtte ts ap11I. t:1r .• i1 .h . fttl:l e<H"re.,t eests ha, e l,eel'l fttl'l!le a. Iftbe Emple,er eel'ltr:eatiel'ls are sttffieiel'lt te meet .he fall et:l:!".e •• t eests af the Plal'l at the eft!I ef tel'l (18) ,ears &em the !late ef the P'..1!'l ·J :::a:it:al estaeli:shmel'lt, er late. if tae fttH eltl'!'el'lt eests are the __ et fe. the first ttme after stteh tel'l (18) , ear periea, the e.teess ef eel'lefits _a, aele :t!'l!ler .he Pl!ll'l ettt pre ,ie11sl, limitea e, this Seetiel'l . e,er the ame~t; .1et-all_. 11ai!l shaH l,e pai!I il'l II l11m11 sttm ta Hte rettre!I e1 termil'latea ?.l e rietl,e .. :f '., ..1".g , a t if aeeease!I , te his l'l&mea Bel'lette1ar, er estate . If 81'1 Empie, ee is 311!,jeet ta the pre11sie l'ls af tht-Ee .t.a ... :'..-'.:m;:il e _. e r eel'ltrietttiel'll! .. l!ie!o. ma .. l,e ttse!I fer his ee!'lettta se-11 ··-· -.!.: . .: J'le or eatest ef the felle .. mg. G. T .. el'lt) thettsal'la !leHars (8 28 ,888.88). e r I},. A:l'1 amettl'lt eemptttea e, mttlttpl, il'lg t .. el'ltJ pereer.t :J 8°'. af ::.e fu st fii't, thettsal'l!I aeHars (6;;8.888.88) ef trie al'lfttta1 eeml'e .. s!lt.-!'1 :f :be Empie: ee a,erar;e!l e.er his la!t ft,e (ii) ,ears efpart1e1pattel'1 . e r .1e.t:1al. ears, ifle_s thal'l ft.e (el ,ears , e. tbe .a1ml,er ef,ears eet, ee., t:.e tl.;i1e 3tbe tmttal estal,lisml'tel'lt ef the Plal'l I,_. stteh Empie: er 81'19 +. !!. Tbe !late ef te . mi:natian ef tbe Plal'l as te st:1eh Ere ,,!e.,e.. ,,, ll'l the e,ue ef ar1 Empie, ee !leseriee!I tl'l ;i11!,see .:e .. S ef :hfa Seeriel'l . rhe aate his Be Re Mt eeeemes pa, ttele , if eefe1 e the aa .• of: aeh .e. miR!ltte!'I ef the Plal'l. He .. e,er, if the ftt::11 ett.r.eRt eests efthe Plan h!!,e .. et l,ee., met a, sttel! Emple,er el'l the !late !lese1ibe!I il'l stteseetie!'IJ Dl a r 02 a f this Seettel'l , .. hierie,er is !l!'Jpl:iealile . thel'l the aate efthe flli.:ltt!'-te meet stteh el:tf'rel'tt eests shall be sttbstitttteei fer the et!lte referre!I .e : •• sakeetiel'ls Dl e r D2 ef this Seetiel'l. Fer l't:ll"l'e@es ef eietermil'lfflg the .s!'l.r:btttiel'ls "hieh ma, l,e ttsea fe, the bene6t a f ttfl Empie. ee .. h e !'! . al,_e _tiel'l E>2 af th13 Seetiel'l applies , the Rttmber e f: e11rs taltel'l tl"tte ae .S ttfl. ma, 'be reeempt:1tea fer eaen ,ear if the ft:tl:I ettrrent ee3ts ef .h e P!aP. are met NH etten ,ell!' e, his Empie, er. The JimitatieM aeseribe!I alie,e ma, be e .1eeeaefi far .he !'Jt:tl"l'B!e ef malti:l'tr; el:tf'rtl'lt bel'te!it pa, mel'lte te retina Em11le: ees ,. h6 "ettl!I ethe"'iae l,e stte;eet te stten restrietiel'le , pre,i!le.: .nat I ) tbe eel'ltrilitttiel'ltl 11hieh ma, l,:e tteea fer al'l, stteh .erir _!I Em11le,ee t1"t aeeorfianee n ith th.e restrietione heret:efere tnei:ieateei are appl:ieei either te pre nae a le, el amettnt ef Peneiel'l m the basie ferm ef Bel'lettt pre ,iae!I fer muler ihe Plan fer ,11eh rimpley ee Eer a le• el 2':!Bettnt esf Pe Mien tft an eptienel farm ef 8el'lefie, net rreaeer il'l amettl'lt t1'.ei, tae le, el amet:ll'lt ef Penaial'l ttl'llter the baeie farm ef 8eneftt), ttl'l!I 2 ) the Pe!'lsiel'l thtts preliaea ie ettpplementea 1i, mel'lthl, pa,mel'lts te trie e .1tel'lt neeessar, -3 3- • I ·. ) I • 0 • • -• F. G . A. B. ·~--:--~-----:------- • it •. . . • • ... te pre ,iae the fttH PenJien in the eesie ferm .aHea fer I, t 1 ., 3tteh 3ttpplemental pa, ment3 Me maae anl. if ,i,,. &t:tH -· he P .an_, ana o) Plan ha,e eeen met er if the a _ · · e · et:lf'rent eests ehhe fer aH stteh retwe a Empie, ees ~:~:g::: :f stt~h ~ttpplemental i,ay ments ·1, ,. • • .te.e t e agffegate eent!'t ttttens aaeaa, m1tae ttnae the Pia . l, " " · n ~ t.e • ear then et:lf'rent . Tke te1m "ee neiits" as ttsea in .ms Semen sh!IH net iftelttae tl\e eests e an) aeath eeneiits n tth respeet te an Empie ee 1, f . f ~1,~:1:ee:n~ ~!t~:'r :::~lta:::~~:::ret~:~1 I':;· :~:~:e:e:;::e~ee~~~ :;:n --er retl:!'ement . In eenfermii) .. ith Seetien 1.191 l(e )(?) ef tl,e T1eastH R . . :e Pia~ is amenaea te inerea3e 3tte3;ftP.tiaH, the e::nt ee"r~:::~~~~ if sermunatten !l! te eent"etttiens ana !13 te benefits aettt H ttpen stteseqttent te1minatien ef the Plan er stteseqttent aa J l'!!J able ef eentrie11tien! therettt'laer then •be pre ,j . f l,. S tseentl'.l'lttane . applie~ te the Plan a! .e a~enae~· as if it -,1;~: :h::: n:etten shaH be estaelt!hea en tlte aate ef 3ttdt am enam el'I' h ." plal'I l:imit aeseribea t1'I Seetien 1 191 l (e (?)( · •·• e~ee~t · at, in !ll!!ee ef the h E · , -111 ,. al t-e -reasttr Re t:tf t ~ e ~ml'le,er eenu:b.1seiens .. !"tteh ma, be ttua fer the be~e;ta;: tel'!s . ml' e,ee .. he 1s sttbJee? te the:, 6 'I' • r l, 5 n the greatest ef tlte feHe · · ' .teP.. a .• 1::1 seenen shall .. et e.teeeci .. 1ng . ~he Emp~e,er eentriettttens (er fttna s am1etttaele therete) .. h1eh' et:tfa 1'. een app ea te pre.,ae the eeneiit! fet the Emilie ee tf l,e Pl '. , !!.e amenament l,.aa eeen eentin11e Ii ,nthe ttt eheng.. . •• !!fl !'Let .a T .. ent) thetteana aeHare ('29 ,999 .99), ;~:i~~a ef ~ the Emi"':J er eent~ 1e11t1ens :er fttnels 1ntrietttaele the. ete) .. mel, ' 'e een app ie te p1 e nae eeneiits fet i, E 1 ' prier te amenament tf :, haa eee · • · .emp e, ee ttnaer the Pl!1n ef ehange ana ?J an •me t n te. i1u11atea .he cia, eefu1 e_ the effeeti. e aate • -~ 11r1 eemp11tea I, mttl!il'I · tlte mst fift) tftettsana -1ellars (609 .999 89) ef I, :mg t .. e!'It) peieent.(28%) ef Emple,ee a,eragea e,er ht! lest fi e (o). ea s \ e an!lttal Geml'eflstmen ef the iflese than !i,e (SJ ,ea 1, th · , J r: 6 l'artietpatte!l. er aetttal _.e!!t!, amenament ef the Pla:!b, !he ~:;i::~:: :~~ eais betneel'I the tiate ef :he +. l!. The date ef terminetien ef the Plan 1,, t!ote Empie) er , 6P ef the Plan.' 8 e .e~re t e aate ef s tteh terinmatie 11 ef an, melt!, eempen!~te;;.:;1:;:: a:::~;1::;uen. the Ben~fi: here ttnaer Em I ( a !in 4 · J eempen!ftte-4'rmer P e, eeHe e tn Geae Seetien H l(Q)) is limitea te I, fi l, . nenli:iaerimi:Mtel') -lier Celie Seetien 191(.',)( I). a ene t t.at is Reetrietien ef Bene!its In the , f Pl . . Reatrietien en Qiatrietttie~ TI,. al -34- I • 0 • • • • ~ --· • ... ... • -.. tie mt1tie el'I bel!t11f ef the Empie, ee !:ll'!tier a Jil'lgle li:fe al'll'ltHt) tht1t :3 t he .\ett1t1rit1! Eqtti.t1lel'lt ef tl,e Jttm ef the Emple,ee'3 .\eertteti Bel'leHt al'lli the Empie) ee '3 ether bel'!eht3 ttl'llie . the Plt1l'I . The . eJU ietiel'l3 tie l'\et appl), he .. e,er, if. +. .\cfte. pll) mertt te Jttd!. Empie; ee ef 1tH Jtteh bel'lefit3 . the , t1ltte ef the Plt1l'l !133ets ettt111! er •. teeeli3 e !'te httl'ltireti tel'! ::,ereel'lt :1 Hl%) ef tl,e • 1tltte ef ettrrel'lt li.t1t1ilities (u liefuieti m Celie Seettel'I 112 (1)(i)), e r 2--:-The , 11ltte ef Jtteh tle!'tetits fsr Jttd!. IH'I Empie) ee i3 le33 th1tl'I e l'!e pereel'!t (1%) ef the , !!:ltte ef31:1el, • ttrrei,t li.t1lnlitieJ . G. Empie. ees Whese Bel'lefits .'4e Restr1eteli (High 2!i emJl !e. ee3 ). The Smpley ee3 fer !ll'IJ g;. el'! Plt1l'I ,et1r , l,e3e l!ei,efit3 are re .trieteti tt •• tier etttiseetten B t1t1e.e ("High 2!i Emple,e e!") tl'lel1:11ie the t .. e l'!.tJ fi,e (2!i) higheat pt1ili , fer stteh Plsl'I J esr. ef aH highl) eeml'e.uHeli Empie, e.3 al'!ti bghlJ eempel'l!!lteli termer Smple_.ee! <as lie6:i,eli ttl'l!ier Celie Seeuei, 11 l (Q )). B,,. "Bel'lefit" Defil'leli . Fer the !!l:H"l'e3e3 ef 3tte 3eettel'I B abe, e . "Bel'!efit'' .l'ldtttie s let11'1! il'l e.1ee!! ef tl,e t1mettnt! Jet iel"th :l'l Celie Seetien 72 fp )(2)(.\). al'!, perieliie il'leeme, !l!t) .. ithlir11 .. sl .t'!ltteJ pt1;11e!e te 11 !:i.tl'lg EmJll e_.e., !ll'ltt al'!_. liesth tiel'lefits i,et pre.ilieli fer ti_. l'l't.tt!!!l'!ee el'! tl,e Emple_.ee '3 ltf •. a 6 l!i a .. U.1-E?IDMS?IT OF Pb't.'i: lfthe Plsl'I i! smel'llieli te il'lere11se tiel'!e6ts .meh .. ettlli Jtte!tlll'ltt11H; 1nerea3e the e,rtel'lt ef peesitile tii!erimil'lstiel'l H te eel'ltr!.tlttttel'I! er ti! te eel'lefit! ttpel'I termil'lstien ef the Pl11n , the rutrietiene Jet tel"th !lee e .l'\ Seettel'\s a 6 i;; 1 t1l'lli a 6 i!i 2 ( .. hen e11eh Seetien is elhet1>e), !hsH l,e 1tpplteli te t h e P!t11'1 es if:, .. ere a !'le .. plsl'I est11t1li.sheli en the li11te e f !tteh ehtsl'lg .. 3-6-16 : LIMITATIONS : 3-6-16-1 : REEMPLOn-lENT OF FOR'.\lER :,.iOl\T\;rSTED :V!E:\IBERS : If a Member's employment terminates prior to his becoming a Vested Member and the :'vlember is subsequently reemployed as an Employee , s uch :\!!ember shall not be entitled to receive credit for his previous Credited Service under the Plan, except as provided in SUBSection 3-6 -4 -3 hereof. 3-6-16-2: REEMPLOYMENT OF FORMER :\-IE:VIBERS : If a former Member is reemployed as an Employee of the City, no Retirement Benefit payments shall be made during the period of such reemployment. U pon the subsequent vested termination of employment by such a :\![ember, the Member shall be entitled to receive a Retirement Benefit based on i) his Credited Service prior to the date of his previous termination (except Credited Service lost after a five (5) year break under SlJBSection 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 sum or periodic) with respect to which Credited Service is restored hereunder, the Retirement Benefit payable upon his subsequent retirement shall be reduced by the -35- • • . ' I • 0 • • • • • ,. .. • - Actuarial Equivalent of s uch payments , other than Disability Retirement Benefit payments, he rece ive d prior to his Normal Retirement Date. unless such payment was a single s um that was repaid under SlJBSection 3-6--!-3 hereof. 3-6-16-3: LIMITATIO . OF BE:-IBFITS : Effective January 1, 198i, notwithstanding any other provisio n contained herein to the contrary, the benefits payable to a Member from this Plan provided by City contributions shall be subJect to the limitations oflnternal Re venue Code Section 415 in accordance with subsections A and B below : A. Defined Benefit Plan Only . Any annual Pension payable to a Member hereunder shall not exceed the lesser of: 1. Ninety thousand dollars ($90 ,000 .00). adjusted for increases in the cost of living, as prescribed by the Secretary of the Treas ury or !us delegate . effective January 1 of each calendar year and applicable to the Limitatio n Year ending with or within such calendar year, or. if greater. the amount of straight life . or qualified jomt and ,urv1vor annuity accrued by the Member as of December 31. 19 82. OR 2. One hundred percent (100 %) of the Employee 's a,·erage earning for the three (3) consecutive calendar years , while a :\!ember in the Plan. in which lus earnings were the highest. For purposes of this subsection, earnings for any Limitation Year shall be thi: :\!ember's earned mcome. wages , salaries. and fees for professional se nice,. and other amounts received for personal sen.ices actually rende!ed in the course of employment with the City (including, but not limited to , commissions paid salespersons, compensation for serV"ices on the basis of a percentage of profits, commissions on insurance premiums. nps and bonuses), provided such amounts are actually paid or mc!uciible m gross income during such Year . Earnings shall exclude the :·ollo wmg : 3 . a. b . City contnbutions to a plan of deferred co mpensation which are not included m the Member's gross lllcom e fo r the taxable year in which contributed or City contnbuuons unc!e! :i simplified employee pension plan to the extent such co ntr:but1ons are deductible by the '.\!ember, or any distributions from a p la n of defe rred compensation; and Other amounts which received special tax benefits , or contributions made by the City (whether or n ot under a salary reduction agreement) towards the purchase of an annuity described in Internal Revenue Code Section -!03 (b ) (whether or not the amounts are actually excludable from the gross income of the Member). THIS SUBSECTION 2, SHALL :-.iOT BE EFFECTIVE FOR YEARS BEGINNING ON AND AFTER JAS'l.".\RY 1, 1995 . Except as provided in subsection A5 below. which imposes additional limitations on the amounts payable to :.\.-Iembers 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, -36- \. I • 0 • • • / .. ,. • " •,. • • .. .... is less than ten thousand dollars (S l0,000.00), 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. 4. In the event that a Member has less than ten (10) years of participation in this Retirement System and predecessor plans hereto. the dollar limitation otherwise applicable under subsection . .\1 above shall be reduced by multiplying such limitation by a fraction. the numerator of which is the number of such Member's years of Plan part1c1pation (or part thereof), but never less than one (1), and the denominator of which is ten (10). This paragraph shall. to the extent r equired by the Secretary of the Treasury, be applied separately to each change m be nefit structure hereunder. 5. In the event that a Member has been cr edited with less than te n (10) years of service , the percentage-of-average-earrun gs lim 1tat1o n othenv1se applicable under subsection A(2) a bo\'e and the dolla r a m o unt otherwise applicable under subsection . .\(3) above shall be reduced by multiplying each by a fraction . the numerator of wlu ch I the number of s uch Member's years of serv1ce (or part thereo , but ne,·er less than on e (1), and the denominator of wluch 1s ten /10 ) 6 . 7 . The limitations of this Sectio n apply t o a ·traight u·e :mnuny with n o ancillary benefits and to an anmaty that co n t1tutes a qualified Joint a nd survivor annuity . provided payment begins between ages sLxty-two (62) and sixcy-five (65). If payment co mmences befo r e age SLXty-two (62), the foregoing limitations shall be reduced so that they are Actuarially Equivalent to such a benefit co mm e ncing at age sLxty-two (62). However , the reduction of this paragrap h s hall not r educe the li mitation below seventy-five thousand dollars (S75 .000.00 \, if payment co mm e nce s after age fifty-five (55), or below the Actua ri al Eqwvalent of seve nty -fi ve thousand dollars (575,000 .00) co i:: mencm g at age fifty-five (55), if payment commences before age fifty-fi,·e (55). If payment commences after age sixty-five (65), the limitation s ha ll be the Actua rial Equivale nt of a ninety thousand dollars (590,000 .00) annual benefit co mmencing at age si.xty-five (65). The interest assumption fo r purpos es of determining Actuarial Equivalency under this paragraph s hall be the interest rate otherwise used for purposes of computing optional fo rms of incom e payable under the Plan, but the rate shall not be le ss than five percent (5%) annually if benefits commence before age si.xty-five (65) and shall not exceed five percent (5%) annually if be nefits co mmence after age si.xcy -five (65). FOR LIMITATION YEARS BEGINNI::-.;G 0:,1 A.'\il) AFTER JA.,'l.'ARY 1, 1995, THE PROVISIONS OF SUBSECTio::-.;s 4, 5 . .\ND 6 , OF THIS SUBSECTION (3-6-16-3(A), SHALL NOT APPLY TO DISABILITY RETIREMENT UNDER SUBSECTIONS 3-6-6-4 . .\~l) 3-6-7 -3 , OR TO DEATH BENEFITS UNDER SUBSECTIO::s/S 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 . B. 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 -3 7 - • ' • ) I • 0 • • • .. ,. ,..-·· • .. ' .. ,. ·-• -' ... 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 which is the projected annual benefit of the .'.\ilember under the Plan (determined as of the close of the Limitation Year). and b) the denominator of which is the lesser of one hundred twenty-five percent (125 %) of the dollar limitation under Internal Revenue Code Section -U5(b )(l )(A) or one hundred forty percent (140%) of the percentage limitation under Internal Revenue Code Section 415(b)(l)(B) for the year of determination (taking mto account the effect of Section 235(g)(4) of the Tax Equity and Fiscal Resp onsibility Act of 1982). The Defined Contribution Fraction for any Limitation Ye ar shall mean a fraction a) the numerator of which is the sum of the annual additions (as defined in Internal Revenue Code Section 415 c)(2)) to the :\lember 's accounts under all defined contribution plans maintained by the City as of the close of the Limitation Year (s ubject to reduction to the extent permi tted under the transition rule in Section 235(g)(3) of the Tax Equity and F isc al Re spo nsibility Act of 1982), and b) the denominator of which is the s um of the lesse r of one hundred twenty-five percent (125 %) of the dollar limitation under Internal Revenue Code Section 415 (c)(l )(A) or one hundred forty percent (140%) of the percentage limitation under Internal Revenue Code Sectio n 415 (c)(l )(B ), for such Limitation Year and for all prior Limitation Years during which the Member was employed by the City (provided , however , at the e le ction of the Retirement Board, the denominator shall be increased by using for Limitation Years ending prior to January 1, 1983, an amount equal to the denominator m effect for the Limitation Year ending in 1982. multiplied by the transition fraction provided in Internal Revenue Code Section 415 (e)(6)[B ]). If, in any Limitation Year, the sum of the Defined Be nefit Plan Fraction and Defined Contribution Plan Fraction for a Member would exceed one (1.0) without adjustment of the amount of the maximum annual pension that can be paid to such Member under paragraph Al of this SL 13Se cnon . then the amount of the ma.-timum annual pension that can be paid t o s uch :Vl e mber under paragraph Al , HEREOF , ef tm8 Seetie11:. shall be reduced to the extent necessary to reduce the sum of the Defined Benefit Plan F rac,ion and Defined Contribution Plan Fraction for such .'.\ilember to one , or the Rc,irement Board may take such other actions as will cause the sum to eq u al one (1.0 ) or less . For purposes of this Section, the Limitation Year s hall be the calendar year . THIS SUBSECTION B, SHALL NOT BE EFFECTIVE FOR YE.-IBS BEGINNING ON AND AFTER JANUARY 1, 2000 . 3-6-16-4: CONSOLIDATION OR MERGER: The Plan shall not be consolidated or merged with, nor shall any assets or liabilities be transferred to any other Plan, unless the benefits payable to each .'.\ilember if the Plan were terminated immediately after such action would be equal to or greater than the benefits to which such Member would have been entitled if this Plan had been terminated immediately before such action . -3 8- ' " ~ . . ) I • 0 . ] • • • ~ /" . • .. -.. .. .. • -.. 3-6-17 : MISCELLANEOUS PROVISIONS : 3-6-17-1: RIGHTS OF MEMBERS : Each Member shall be advised of the general provision s of the P lan and u po n written request addressed to the Retirem e nt Board s hall be furrushed with a ny information requested regarding his status. nghts and pnnleges under the Plan. Neither the establishment of the Plan. the grantrng of a Ret1rement Benefit, n or any action of the City or the Retirement Board s hall be hel d or co nstrued to confer upon any person any right to continue employment. nor , upon dismissal. any right or interest in the Trust Fund other than as here in provided. 3-6-17-2 : LIMITATION OF LL~ILITY: No Member shall have any right to Retirem ent Be nefits under the P la n . except s uch rights, if any. as may accrue to him upon his retirement from the se~,ce of the City under the provisions of the Plan while it is in e ffect. All such be ::iefi ts a r e payable solely out of the Trust Fund and in no event s hall the City , the Trustee. or the Retirement Board members be liable therefo r . Neither the estal::lishment of this Plan. n or any a me ndment or m odification thereof. nor fai..lure of the City t o pron e sufficient co ntri butions to the same shall be co nstrued as gi,.ng to any '.\!ember. or other person , any legal o r e quitable right against the City. or any office r o r d1re ctor thereof, or against t he Remement Board. or any :\!!ember t h e r eof. 3-6-17-3 : DIRE CT ROLLOVERS : A. GENERAL. THIS SECTION APPLIES TO DISTRJB CTIO;\S '.\.L\DE o::,; O R AFTER JA'.'HJARY l. 1993. NOTWITHSTANDJ;\G . .\.'\"Y PR O\lS l0'.'-1 OF THE PL.\'.'-1 TO THE CONTRARY THAT WOCLD OTHERWISE LI'.\IIT A DISTIUBL"TEE'S ELE CTIO::,.i {.;;\DER THIS SECTIO;\, . .\ DISTRIBCTEE !\UY ELECT, AT THE TL\1:E AND !>I THE '.\1A::,.;~"E R PRESCRIBED BY THE BOARD , TO HAVE A.'i'i PORTION OF A'.'J ELIGIBLE ROLLOVER DISTRIBUTION WHICH EXCEEDS S2 00 PA.ID DIRE CTLY TO . .\N ELIGIBLE RETIREMENT PLA.'1 SPE CIFIED BY THE DISTRJBCT EE IN A DIRECT ROLLOVER . IF A DISTRIB u TEE'S DIRE CT RO LL O\·"ER DISTRIBUTION IS LESS THA.'1 $500, THE DISTRIB L"TEE '.\L.\Y ONLY ELECT TO DIRECT ROLLOVER 100% OF THE ELI GIBLE ROLLOVER DISTRIBUTION . B . DEFINITIONS: 1. ELIGIBLE ROLLOVER DISTRIB UTION. A'.'-1 ELIGIBLE ROLLOVER DISTRIBUTION IS ANY DISTRIB UTION OF ALL OR . .\.'i-Y PORTION OF THE BALANCE TO THE CREDIT OF THE DISTRIB UTEE, EXCEPT THAT AN ELIGIBLE ROLLOVER DISTRIB UTION DOES NOT INCLUDE : ANY DISTRIB UTION THAT IS O::-."E OF A SERIES OF SUBSTANTL;\LLY EQUAL PERIODIC PAnIEYrs 0-iOT LESS FREQUENTLY THAN ANNUALLY) MADE FOR THE LIFE (OR LIFE EXPECTANCY) OF THE DISTRIBUTEE OR THE JOINT LIVES (OR JOINT LIFE EXPECTANCIES) OF THE DISTRIBCTEE AND THE DISTRIBUTEE'S DESIGNATED BE!'s"EFICL<\.RY , OR FOR A SPECIFIED PERIOD OF TEN YEARS OR MORE ; A .. 'IY DISTRIBUTION TO THE EXTENT SUCH DISTRIBUTION IS REQL"IRED UNDER -39- • ' " I • 0 • • • .. ~ ,,-. • , .. .. • ... '• • -.. ... CODE SECTIO:-: -lOl (a ) (9 ); .-\'.'.l) THE PORTION OF A.'."Y DISTRIBUTIO'.'J TH.-\T IS ;\iOT INCLUDABLE IN GROSS I;\iCOME (DETER:\Ill.\l"ED WITHO UT REGARD TO THE EXCLUSIO:-: FOR ~T UNREALIZED _tj>PRECUTI O~ WITH RESPECT TO nrPLOY'ER SECURITIES). 2 . ELIGIBLE RETIREMENT PL.\:-:. A .. \1 ELIGIBLE RETIRE:\fE;\iT PL..\.c'1 IS AN INDiv1DUAL RETIRE:\-IDIT . .\CCOUNT DESCRIBED I;\i CODE SECTION -t08 (a ), AN INDiv1DUAL RETIREMENT ANNL1TY DESCRIBED IN CODE SECTION 408 (b), AND A.:-l'Nli1TY PL-\..\1 DESCRIBED IN CODE SECTION -l03 (a ), OR A QUALIFIED TRUST DESCRIBED IN CODE SECTION 401 (a ), THAT ACCEPTS THE DISTRIBUTEE'S ELIGIBLE ROLLOVER DISTRIBUTIO;'J . HOWEv"ER , IN THE CASE OF .-\N ELIGIBLE ROLLOv"ER DISTRIB C TI O;\i TO THE SURVIVING SPOUSE, AN ELIGIBLE RETIREMENT PL.\..'-IS . .\;\i INDIV1DUAL RETIREMENT ACCOCNT OR I!'<lJIVIDC . .\L RETIREMENT A.\JNu1 TY . 3. DISTRIBUTEE . .-\ DISTRIBCTEE I'.'JCLCDES . .\:-: E:'v[PL O\"E E O R FORMER EMPLO't"EE . IN ADDITIO'.'J . THE E:\IPLO'\"E E 'S O R FORMER EMPLO't"EE'S Sl"Rv1v1. "G SPOC SE . .\..,1) THE EMPLOYEE'S OR FORMER E:\-lPLO\"EE 'S SPOCSE OR FO R.\l:ER SPOUSE WHO IS THE ALTER;'JATE PAYEE C'.'.lJER .-\ QL U.lFIED DOMESTIC RELATIONS ORDER. AS DEFI'.'."ED I'.'1 CODE S E CTI O!'i 414(p). ARE DISTRIB!,;TEES WITH REGARD TO THE I:--."TERE ST O F THE SPOUSE OR FORMER SPOCSE . 4 . DIRECT ROLLOVER . A DIRECT ROLLO'v"ER IS . .\ PAY:\lE:--.1' BY THE PLAN TO ONE ELIGIBLE RETIRDIDiT PLA'.'J SPECIFIED BY THE DISTRIBUTEE . 5 . WAIVER OF 30 DAY NOTICE FOR CASHOL"TS OF S5 ,000 (S3.500 PRIOR TO JANUARY l , 1998) OR LESS . IF A DISTRIBCTIO;\i IS ONE TO WHICH CODE SECTIONS -lOl (a) 911 ) A~l) -ll i DO ;\iOT APPLY. SUCH DISTRIBUTION :\•UY COMl\IENCE LESS TH.-\..\1 THIRTY (30) DAYS AFTER THE NOTICE REQliIRED C:S.l)ER TREASURY REGULATION SE CTION 1.-lll (a ) -l l (c), IS Giv"E'.'J , PROV1DED THAT : a. THE BOARD CLEARLY INFOR.\i!S THE MEMBER TH...\T THE MEMBER HAS A RIGHT TO A PERIOD OF AT LEAST THIRTY (30) DAYS AFTER RECEI\i1NG THE NOTICE TO CONSIDER THE DECISION OF WHETHER OR NOT TO ELECT A DISTRIBUTION (AND , IF APPLICABLE , A PARTICCL..\R DISTRIBUTION OPTION), AND b . THE !MEMBER, AFTER RECEIVING THE NOTICE , AFFIRMATIVELY ELECTS.-\ DISTRIBUTION. -40- . .. I . 0 - • • .. ~ ,,...... • •' 1't ... ,: ,, .. .. • -.. ' ., Section 2. Safety Clauses The City Council, hereby finds . determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health. safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper egislative object sought to be obtained. Section 3. Severabjlity If any clause , sentence. paragraph . or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 lnconsjstent Ordjnances All other Ordinances or portion s 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 modificatio n of any provision of the Code of the City of Englewood by this Ordinance shall not r elease. 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 prosecutio ns. Section 6. ~-The Penalty Provision ofE.'.\1 .C. Section 1--1-1 shall apply to each and every violation of tlus 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 6'h day of July , 1999. Published as an amended Bill for an Ordinance on the 9,h day of July , 1999 . Read by title and passed on final reading on the 19th day of July, 1999. -41- ' . ... . ' I • 0 X - • • .. • •• .. ... Published by title as Ordinance No .~ Series of 1999, on the 23rd day of July . 1999. Thomas J . Burns , Mayo r ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lorad o, 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 -42- ' . ... I ., • 0 32X • • .. ,. • I•• , . . ,. ·~ • -' BY AUTHORITY ORDINANCE NO . ,Ji SERIES OF 1999 COUNCIL BILL NO . 45 INTRODUCED BY COUNCIL MEMBER BRADS HA"' 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 creation of the Englewood McLellan Reservoir Foundation as a nonprofit development corp or a ti on to further the redevelopment of the McLellan Reservoir site ; and WHEREAS, the Englewood City Council established goals for the Foundat10n a t the Budget Retreat; and WHEREAS , in overseeing the development of the Property by the F ounda tion . the Foundation shall use its best efforts to do so in a manner which protects the quality of the City's stored water at the Reservoir ; and WHEREAS , m ov erseeing the development of the Property by the F oundation . the Foundation shall use its be st efforts to do so in a manner which protects the ecosystem that has developed smce 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 wh1ch 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 exist between County Line Road and C-470 ; 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 minimizes the imp a ct on the Reservoir ; 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 qua lity 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 h ave progressed to the point that it is now necessary to transfer the property to the Englewood McLellan Reservoir Foundation; a nd -l . • ' ' .. . . 11 b i i I • 0 .J ·a:mi:am • ,_ ' -....... :· .... -.. • • - ' 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: Section l. The City Council of the City of Englewood , Colorado hereby authorizes the transfer of property as described in the attachments hereto as Parcel 1, Parcel 2. Parcel 3, Parcel 4, and Parcel 5, to the Englewood McLellan Reservoir Foundation for the development of the property . Sectjon 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 firs t reading on the 6th day of July, 1999. Published as a Bill for an Ordinance on the 9th day of July , 1999. Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No .~ Series of 1999, on the 23rd 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 ' I 32 11 . ]- • --~~--.. ~ .,,--· • , . / '•· • • .. LEGAL DESCRIPTION -PARCEL NO . 1 TIIREE (3) PARCELS OE' LAIID LOC ATE D Jtj SECTION 4, TO\,!ISHTP 6 SOUT II, RAIJGE 68 \·/EST O E' THE SlXTII PRINCIPAL MER!DlAi, Ill TIIE COU l!'l'Y OF DOUGLAS , STATE O F CO i.OR A DO, AS SIIOWII !II PART 0 11 'l'II E LAND SUR VEY PLAT RE CO RDED AT RECEPTI O N NllMflER 2939 4 2 TN THE OfE'TCE OE' TIIE C LERK AIID RECORDER O f SA ID COUIJ'l'Y OE' DO UGLA S, DESCRIBED AS E'O LLO WS : PARCEL 1-A BEGINNING A'!' A POI II T 0 11 TIIE SOUTII LINE O f THE Nii l /4 O E' S ATO SECTION 4 , \;tJEJJCE TIIE S Ol!TIIEAST CO RIIER Of SAi D MW l /l BEARS NORT II 8 ° 4 0 ' 0 " EAST 177. 20 PEET; TIIEIICE AL ONG TIIE SOUTH L !IIE OF SAID 1111 1/ 4 S OUTII 89°40 '08 " \·IF.ST 2486 .59 FEET 'l'O THE SOIJTIIWES'r <:OR !lc'.R O E' SAID 11\'I l /4; T!IE!IC E AL OI IG Tl!E WEST L l!IE Of SAID NW l / 4 II ORTII 00 ° 3-1 '55 " I EST 1377 .23 FEET; TIIEIICE NORTH 89°47 '4 0 " EA ST 18 2.9 1 E'EET; THENn: !~ORTH 89° 4 3 ' l 0" Ei,ST 135. 6 ·1 fEf:T TO T !IE SOUTIIWESTE R!.'I RIGIIT-OF-liAY Of C Ell'l'Ell!IIAL l'Al<Kl·IA'/ (C -4 70) AS DESCRIBED Ill BOO K o-15, P!\Gt: 74 o r TIIE l'lOUGLAS CO UIIT'/ RE CO RDS; T HEN CE ALONG SA ID ~OUTIIWl,;STERL'/ R l Gl!T-O r-WA'/ SOUT H o "12' 29 " EAST 322. 42 FEET TO THE MOST NESTER LY PO INT O f PARC EL " A" AS DESCRIBED IM A DEED T O THE STATE O t' CO LORADO DEPARTMEMT O E' TRAM SPORT-".1'1 01 1 lit ORD !NAI ICE NO . 30 , SERIES Of 1 996 , DATED AUGUST ~. 1996 ; THEII CE ALOIIG THE SOUTHERLY BOUNDARY Of SAID PARCEL "2A" THE FOLLOW !IIG THIRTEEN I l J) COURSES : 1. SOUT!t 62°55'07 " EAST 670.88 FEET: 2. TIIEIICE SO UTH 85°52 '0 1" EAST 157.84 rEET; 3 . TIIEII C E SOU'l'II 63"52 '05 " EAST 26.28 FEE'!': 4. TIIEI ICE SOIJTII 26°07 '55 " \;EST 66.13 FEET; TIIEIICE SOUTII 6 3 °'>2'0 5 " EAST 131 .23 FEET; 6. THEII CE II ORTII 2b"07 '5:';" E/\ST 66 .13 PEET: "/. Tl!E!ICE SOUTH 63 °02 '05 " EAS 'I' '.,2 .75 Ff~ET; 8. TIIEIICE SOUTH 41°20 '45 " EA S T l2Lll FEET; 9 . '!'HEIKE SOUTII 62°55 '07 " EAST 150.6 3 FEET : 10. THt:IICC: SOU'I'II 4 3°29 '43 " EAST 509.80 FEET; 11. THEII C E scu m 59°26 '48 " EAST 203 .11 FE.ET; 12. TIIEII CE SOU'l'II 74°08 '4 ~" EAST 201 .95 fEc'.T: 13. TIIEIJ C E S OUTII 00°19 '5 2 " EAST 150.2 7 FEET TO TIIE POIIJT Of BEGJIIIJIIIC, CO IJTAIIHIIG 50 . 775 ACRES , MORE OR LESS. BEARINGS ARE BASED O N THE S OUTH LINE Of THE SA [I) 1111 1 / 4 13EJIIG SOUTH 09°4 0 '08 " WEST. PARCEL 1 -B BEGTUNING AT A POINT ON THE S OU TII LINE O f TIIE l<E 1 /~ OF SAID SECTJOIJ 4, WH ENCE THE SOUTHWEST CORNER Of SAID NE 1 /4 BEARS S O UTH 89"4 '01 " WE ST 20 . 80 FEET , SAID POTMT BEHIG A PO IIIT O N THE SOUT l!ERL'/ BOUIW ARY O f T HE PRE VIOUSLY MENTI ONED PARCEL "2A"; TIIEl'ICE ALO tt G TIIE S O UTHERLY BO UNDARY OF SA 1 D PARCEL "2A" THE f'OLLO\H II G Fl VE C 5) COllkSES: 1 . NORT H 00°14 '59 " WE ST 2 6.28 fEET: 2. THENCE NORTH 43"10 '58 " EAST 1 12.91 FEET; 3. THEN C E NORT H 8 9 ° 4 5 ' 0 l " EAST 319. 2 0 rEET: 4. THEN CE NO RTH 85°23 '36 " EAST 362 .34 rEE'I'; 5 . THEN CE SOUT H 75°17 '35 " EAST 293 .69 FEET; THENCE ALO NG TIIE SOUTHERLY BOIJ NDARY Of SAID PAR CE L "2 11" AIID T HE SOUTHERLY R IGII T-Or-WAY O f CEMTEN IH AL PARKWAY (C-4 70 I AS DESCRl BED lit BOOK 645 , PAGE 748, NORT II 89"45 '0 1" EAST 250.0 FEET: 'l'II EIICE SOUT II 0 1°00 '1 2 " EAST 60,0 1 TO A POINT ON THE SOUT H LINE O F T IIE NE l /4 OF SA!D SECT! ti 4; THEN CE ALOtt G SAID S OU'l'II LfNE S O UTII 89°45'01" WEST 1 293 .08 FEET TO T HE POINT or BEGINIHNG, CO NTA!NllJG 2 .909 ACRES, MORE O R LE SS. BEARINGS ARE BA SED ON TH E SOUTII LINE OF TH E SA ID NE l / 4 BE !NG S O UTH 89°45'01" WEST. • .. .. ' ' .. ', ) I • 0 . ]- .. • / :-..... • •• PAP C EL 1-C THE SI-I 1 /4 Of THE SE 1/4 O f S AID SECTION 4, MORE PA RTI CULARLY DESCRI BED AS FOLLOWS: .. BEGINN!UG AT THE SOUTHWEST CORNER Of SAID SE 1/4 ; THENCE AL ONG THE WE ST LlllE Of SAID SE 1 /4 NOR TH 00 "02 '37 " EA ST 1317.21 FEET; TIIEN CE /I ORTH 89 °52 '12 " EAS'r 1318.88 FEET; T HEN CE SOU TII 0 0°10'26" EAST 1319.95 fEET TO A POINT ON THE SOI/TH LHIE Of SAI D SE 1 /4; THENCE ALONG SAID SOUTH LINE SOUTH 89.59'20 " WE S T 1323.89 FEET TO TIIE PO INT O f BEGINtlING, CO NTAINING 40. 000 ACRE S MORE OR LESS. BEARINGS ARE BASED ON THE WE S T LINE OF THE SAID SE 1 /4 BEING NORTH 00"02 '37 " EAST. DUWAYl<E M . 1'~9329 , _ALF OF ~ ROC KY MOUN ,,(,ill CO NSU LTANTS;/ INC . 8 301 E. PRE~T.lCE AVE. SUITE 101 ENGLEWOOD, C~~r(! .8 0 111 303 -1 41-6 000 -~~;.,;;,· .. ;;,,,,,,',, DATE: _ _..;t.::;.:...:/;2.::.:'3c.cA .... r...:.cr _____ _ Englewood Parcels Parcels 1-A through 1-C 2 082.01 I .00 6 /2 3/99 -gjk ., ,. .. ', I • 0 32 I J ::0 !" :l' a ~ J r § 0 •·1 () 11~ ~; ! !I: 1=1 0 -'i ~ :=j ~ ,~ z D~• (). 08 ~· C: ~ > z i ;;; .... y, .. ... 0 ; ! : z ~ • f f z .. ~ ( f ~ •. .. "' .: ;;: ;:j ., ~ ./ , .. .,,.,f: . . g .. :., t ;a .. -i I .... ------£,=--: .. -:~::-7 ___ .... -1/4 Cam« Section • 3• Br-Cap SW 1/4 SEC 4 T6S, R68W .. ~ ,,,-- • • -... ' .. ' .. . , ', ... 0 • 1~·,· 1'--· ?_JI,' .-c.~i I ,, I 3 1)SD11.'Si,j: _1.---------,.. l IT....,, __ -. ,,._:·,/ I ,,,.-'-""--'----'-- ~ ~ I ' I · ,,,, / /.//;;c-.:::==_=, == '"'Of 1-T~ I" I 'I i I , i • ·.' ;:._,~1 /1'""-~, '-I -.-. -: a , ..... ......._,, , NE 1/4 SEC 4 T6S, R68W ~ m >< I -Ill =i 0 • • SCAlf 1• • 400• SW 1/4 SEC 4 T6S, R68W ..... .... • ,. • • •• Canta, 1/4 ec.m. Sectkwl 4 N89'S2'12"[ 1 111.81 PARCEL 1 -C 40.000 AcrH± SW 1/4, SE 1/ 4 T6S, R68W Point at 8eglnnln9 Parcel I -C Soulh 1 /4 Corner Seel ion 4 Stone •/chiseled X .. ... NE 1/4 SEC 4 T6S, R68W SE 1/4 SEC 4 T6S, R68W I I I / Sou1h lln• SC 1/4. ~to. 4 11mc ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 3 OF 3 r,..:......coao,11 (lOl) 741 -6000 FAX (lOJ) 741-6106 DATE I t4 99 -R£\IISEO 6 2 l 99 .. . ) I • 0 3 • • • .. ~ ~.,,,-~ . • "· .. . •, • -.. ... LEGAL DESC'RI PT I C.Ii -PARCEL 2 A PAJ.C EL or I.AIIO LOCATED I IJ SECT I OU 4, TOWN S It 1 P o S OUTH , RAfl GE 68 WEST O f' TIIE S l X1'11 PRJ!IC IPAI. MERI O IArl Ill THE COO ll 'J'Y o r D0UG1..J,S , STATE O F COJ.ORA OO, AS SIIO~iN trl F-ART u ll 'I'll£ LA IIU S UR VE Y Pl.Ar RE CORDE D AT REC EP'fI Ofl !HIMBER 2 9394 Ill T t!E o rrt <"E o r Tttt: C LERK AU D RECO RDER C f S AID COllll'l'Y O f DOUG LA S , DE SC RfEED AS F'O l.l.OWS : BC G l!II-JIIIG AT A PO I/IT Ofl THE EAST I.TUE O f' Tllf. SW 1 /4 Of" TIIE fl£ 1 /~ O E' SAID S CC T I 0 11 4, VIIIEIJ C E 'fl!E S OUTl !EAS1' CORtlER O f' SI.IO SW 1 / 4 or I'll £ tlE t / -1 9EARS SOU'l'lt 1•00 • l~" EA S 1 396 .18 FEE'f, S AID PO ltl'f ALS O BEIIIG Otl T II E II ORTIIEASTERl,Y kT G IIT-O f'-WA\' Of' CEIITE!HII AL PARKWA Y (C --17 0 ) A:J DESC IUUl:'.D Ill BOO K 6 4 5 , PAGE 140 O ~~ DO UGLAS COUIITY RECO HDS; 'l'l!E/I CE IIORT tlvH:STE ~I .. Y J..LOII G S AfD II ORT !IE.AS'fERI.Y Rl GIIT-Of'-1-lAY NOR 'J'II 8 2 "10 '07 " WEST 85.83 f'EE1' ·ro Tl!£ MOST EAS1't::HLY PO lll'r O f' PP..li l.E:l. "2b" AS OESCR 1 BE D 111 A 0££0 TO TtlE !:i'fA'l'E OF' CUL OH.t\00 0 1::P.ll.H.TMt::.tlT O F TRA II SPORTATf Otl l tl OROlflAII C E t/0, 30, SERIES Of-~ 1996 , DATED AUGU S T 8, 19 6; ·r11uwt: ALU!l G THE rl OHT IIERLY BOUf/DAR '{ O F' ~Al O PAHC t:.l. ".lB" T H!:. FO LLOW 1 n G E I GIIT t U) COURSES : I. !lO R'rll 73.01'46" WE.ST 185 . .U f EE.T; l. 'rl!EII CE IJORTI I s~•)t '13 " WE ST 685.~2 FE.ET ; 3. 70'"37 '-1 9 " WE S T 2 9 o.20 fE ET; TIIEUCE ll OR1 11 4 . 25•r1 •4 9" WEST 4 2 .16 FEET; TIIEllC E II OR'l'!l 5. 19"22 '11" EAST 19 .95 FEET; THENCE UORTII 1'1!Et1C E 1.JORT II 69.2 7 '2>" WE S T 1 1 3.8 4 FEET; 7. 79°54 '55 " >IE ST Jol.43 !'EE'r ; 1'11Ef1CE NOR'l'II a. 93°1 0 ' 34" >IE ST 5 1 5. l ~ FEEr; T l!Et~CE II ORT II TIIEtlCE AI.O tl G 'rHE II OR'rllEASTEkL'f RI GIIT-O F-WA Y O F S AIO C'EII TF III IIAI. PARKWA Y (C -47 0) AS DESCRI BED llJ BOO K 64'J , PA GE. 1 -lti, tlORTII 7 0.38 '-l S " l,J E.S T 6 !1 8.26 TO TIIE. S OUTHER LY L l llE: OF T II A1' P . .D.R C l::'.L or LAIIO OE SCR! SEO I ll BO;K l 3 3, PAGI:: 11 0 Of 'f\lE DOUGLAS COU IIT Y RE CO RDS : T HEUCE LEJ..VJUG SAJD H.t GHT-O f'-l°'A '( AIH'l ALOIIG TIIE SOI J'rllF:RI.Y AIIO EllS1'ER L Y Ll!,I!:'.: o r !:iAI O PA f(CE I. o r LA il!) T IIE l-'01.1.(JWTfl G s r:.; (6 ) CO UR!it.S: l. IJORT II 99•4 3 • 10 " EA S T 172. 4 fEET TO Tit BE r.rtllllllG O f A 110 11-TAflGEIIT CU RVE CO IKAVE UOR'l'IIEA STER T.Y, A RADIAi, LIIIE rROH S A!n PO JUT B1::AH 5 tH)kT II 4 0 °J 7•))'' EA S T; 2. THEIJCE fJ OR THWE STE RI.Y 194 .68 FEET ALOtlr; SA!D C URVE Tll RCUGII A C EIITRAL AIIGLE Of 28"23' 7 " IIAVTII G A RADIUS O f 39 2 .89 FEET; 3. T IIE!ICE TAtJGEII T TO SAln CURVE tlf.J RTII 20.~9 '00 .. WE S T 179 .85 fEET TO TIIE BEGJll:1J1,,G OF A 'l'AIIGEtlT CURVE CO UCAVE EASTE P LY; 4. THEIJ CE UORTIIERI.Y 91 . 02 fEET P..LOJIG SAI D CiJR Vt TIIROUGII A C E!ITPAL AllGLE OF tt•4~'30 " IIAVIIIG A RADIUS OF ~~8.0 u F'EET S. THEII C E TAI JGE UT TO SAl D CUR VE UORTII 09• 4 ' 30 " WE S T 188. 65 FEET ; 6 . THEU CE UORTH 76.12 ' 1 5 " EAST 40.13 FEET TO THE WlSTEKLY R!GHT-Of-l·lAY Of TIIE Hl Gtll.JrlE Chi/Al. AS DESC RIBED If/ BOO K 93 , ?AGE 6-l O F r,om~I .. AS COfJllTY RECORDS; THE UC E LEAVltlG SAID EA S TERLY L!l!E Atl D hLOtlC S AID WES TERL!' AtlO S OU THEPLY RIGHT- Of-WA'i' o r TIIE III C HLUI E CA IIAL THE f'OL LO NIUG Tf:ll ( l O)COII HS ES : 1. SOUTH 0~"14'30 " EA S T 1 9 1.8 '1 f'E[T TO 1'111::'. BF Gl llllJI/C.., 0 1' A TA tl GEI IT C URV E COMC AVE EA STERI.Y; . 1'111::llCE SOUT HER LY 83. 62 F'E ET ALO?I G SAI D CURV E T IIR OUGH A CEflTRAL AUGLE Of 11 ";14 '3 0" tl AVIllG A RAD! US OF 4 0 8. Ob fEET; 3. TIIE!l CE 1'AII GEII T TO SAID C URVE S OUTH 2 0 '59'00 '' EA ST 37 8.S S fE£T TO Tl!E BEGlllliI /I G O f' A TAII GENT CU RVE cou c;..v E llORTllEASTERI.'(; 4 . THEIJCE SOUT HEA STERLY AtW EASTE RLY 295 , 74 FEET ALOUG SAI D CURVE THROUG H A CEllTRAL AIIGLE Of ,10•01·00" HAVIIIG A RADIUS o r 35:!.8 9 Fl:.Er TO T HE BEG IUIH II G O f A COMPOUr lD CURVE COIJ CIWE NOHT II ERLY , A RA DI Ai. Lim; FH OM SAID PO lllT BEhkS II OR1'11 2 1 "00 '00" EAST; 5. TIIEflCE SOU1'11EA STER tY, EASTERLY ANO II ORTIIEASTERLY 2 2 2. -1 6 FEET A l.OllG SAi D CURVE T IIR OUGII A C Ell'rRAL AII GLE or 89 '06 '27 " tlA VlUG A RADIUS o r l ·D .0'1 F'EET; 6. T IIEIIC E TAflGEt l'I' TO S AID CU RVE II ORTII 21•53 •)]" EAS'I' 4b 1.0S fEET TO TliC BE.<iJ IIIIIIIG Q t,~ A Tl,IIGE tJT C URVE c o 11c.r,.vE S0UTHE At.i T £R 1.'{; J. 1'11£1l C E II OHTIIEA S TERI.Y 14 . 9 0 FE£1' ALOIIG SA i D CU kV£ TtmOUGII A C EtlTRhL AllG I.E Of' 4 7 ·:!o ·~~ .. IIAVlflfi A RADIUS o r 181.39 f'EE:T; 8. TIIEtlCE TAllGEll'l' T O S AL O C URVE tJ RT ll 09•14'28 " EA ST 5 14.52 f'E ET TO TIIE BE Gil/1/IIIG O f A 'J'AIIGE!ff CURVE COIICP.VE so11·rt1£H L Y ; 9. TIIEII CE EA ~TCIIJ.Y 4 69 . 6 f.~EE'r ALONG SAl D CU RVE TIIR Our.11 A C Ef~TRAt AUGLE o r 28 °'1 7'26 " lllWtllr. A RADIUS Of.~ 93-l .7 2 n :t ·r, I O . THEil E TAIJGEl /1' TU SAID CURVE suu·r11 8 I• 50 ' 0 " t:.AS 'I' 20. 52 FEET TO THE WE STl::HLY I. III E Of Tit£ Pl.UM VALLEY SUBO I V LS 1011 RECO RDEn AT RECEP'rIOI~ NUMBER 98341 L)()UC,1 ,1\S CO IJl l'l'Y RECORDS; T lll::1,,Ct: AI..O II G Tllf~ WCS1'l::HI.Y AIID !:iOU'l'IIERLY BOUNDARY or SAJI) P l.U M VAl.,l.1:.'( SUC,ll 1VIS10II THE f'O L LOW lllG TW O 12) COIJR!i E!:i: I. SOU TH 01°06 '0 1" EA ST 961.61 FEET; 2. T IIEIICE fl OllTII 99•42 •1)" EA ST 986.06 F'EET TO T HE II OH1'11EA S'r COR UER O f' THE SW 1/4 OF TIIE !I E l /4 OF SAID SECTIOII 4; THEN CE ALOllG TII E EAST 1.ltiE OF SAID S W 1 /4 o r TIii:: IIE l/4 SOUTH 01•00 •1 2 .. EAS T 925.70 FEE'r TO 1'111:: PO INT o ~~ BEG ilmING, COUTAllll!fG 4S .5)7 ACRES , HOHE OR LE SS . ~ .. .. ) I • 0 - • • .. ~ .,,-- • ,. , .. ~.t. .. ·, • -' ~ FOR TIIAT PARCEL Of LA!ID DESCRIBEO AS PARCEL "2K"' JU A \.,ARRANTY DEED RECORDED MAY 1 5 , 1997 , AT RECE P'!'IOI,, IIUMBER 9126021 o r ·rut DOUG LAS COU UTY RECORDS. MORE PJI.RT!CUI.ARLY DESCRIBED AS f O LI.OW S : .... BEGilltHt,,G A1' A PO IIIT CU 'rHE EAST LI?IE Of NW 1/4 O f' SAI D SECT I O N -1, WHEU CE THE C LIITER l /-1 Of SAi O S ECT I Otl 8£.C.RS SOUT H O 1"'Ob'01 " EA S'I' l 020. -1 0 f EET; TIIE II CE IIORTII 78~5 4'57 " WEST 4 5 .87 r££'r; 1'11Et1C£ 55.48 FEE1' ALOIIG TIIE ARC O f A 110 14- 'fAt,GE IIT CURVE TO T Iii:. LEFT IIA Vl llG A RAnrus o r 81). 2 FEt::'l', 1'11£ C HORD O F Wll!Ctl Bf-:ARS f/OR 'rll t6 ·s 1 • 4 1 " EAST ~4. 5 7 FEET TO A POHIT Of COMPOUI ID CURVE; ·r1ttf/CE 9 5 .0 8 FEET A l .OIIG T tlE AR C Of A CURVE TO TUE ttf"r HAVJflG A RADIUS OE" 681.16 FEET, TIit CII ORO O f WII I C II IU:ARS IIO RTII 05'" 08 ' )1" WEST 9 • 00 FEET TO A POI NT OF CO MP OUIID CU RVE; TIIEIICE 251. 4 0 ff.ET ALOIJG 1'11E ARC ' O F' A CURVE TO THE LEFT IIAVHIG A RADIUS or 0 90.12 rEET, ·r11E ('HOUO O f' WIITCII BEARS IIORT II 14•31•11" WE ST 255 .9 1 fE E.T 1'0 A POrJ IT or COMPOU !I O CURVE ; THEUC E 121.55 FEET ALOIIG TIIE ARC O F A CU RVE ·ro T il t LEFT llAVl HG A FAl>I us or 105. 3H FEET, T IIE C h O RD Of \iHI C H BEARS IWRTII 35•1~·51" WE ST l 1.-10 fE£T TO A PO HIT or TAIIG[UT; TIIEIICE UOR'rll ..1 0"11'08 "' WEST 1 ~ 2. 06 TO A ?01 tlT Of CUPVE ; THEIICf.: .38. o 5 FEET ALO!JG TIIE ARC O f .Z:.. C URVE TO THE LEFT llAVlllG A RADIUS O f .t..i.01 FEET , THE CIIOPD or w111 ru BEAR::i II O RTti 9 5•11•09•• 1·JEST )~.ea FEET; 'rllEllCE !IORT II ;;0 "1\'08N WE ST 60. 7 FEET ro A PVI IIT Oil A UOIJ- rAIIGEII T CIJRVE; T IIEl h~E .J8 o 5 FEET ALOIIG THE ARC o r A ,.:ukv t-: TO TIit LEtT IIAVI IIG A RAD I US or 4 .61 FEET, THE CHOF O Of' WIIICII BEAR S UORTH Or-18'52'" EAST 3'1 .80 FEET; TIIEUCE tlORTtl 40•11 •oe .. WES T 350.51 FEET TO TIIE SOUTII EP.STERL\' RI GHT -OF- \-IA\' LIii£ or THE Hl GHLll/£ CAIIAL A DESCRIBED Ill BOOK 93, l-'A GE c4 o r TIIE DOUGLAS CGU II T\' RE CORDS; TllltlCE AI .. OII G SAID RIGHT-O f-WAY L I UE IJO RTII o9• 14' 2 8" EAST l 0 4. 31 fEET; T IIEIICE SOUTH 4 0 '" l l ' 0 8" EAST 31 5, 8 0 FEtT TO .l.. f'O l UT O F CURVE; THE HCE 30. 65 FEET ALO!lG T it£ ARC OF .~ CURVE TO TtlE LE:l' i!AVl 1/G A RAD! US O F 2 4.61 fEE1', THE CII ORO OF Wllt C ll BEARS SOUTII 0~·11•09·• EAST 3 4.90 FEET; TIIEtlCE SOUT II 4 0°1 l '08" EAST 60. 3 1 FEET TO A PO itn ON A !l0 1l -TAIIG£11T CUR VE ; TIIEUCE Jij. 6~ f'l:'.£T AI.Otl r. 1'HE ARC o r A C llllVE TO TIIE 1.1::r·r IIAV I !IL, A HAOI us o r 2 4 . o l fEET, THE C HORD o r Wlll CII BEARS SOUT H 04"-1 8'52" WE ~r 3 4 .80 f"l::ET; T IIEIIC E SOUTH ·10"11'08'" EA ST 14 2 .06 F'EE1' 1'0 A PO HJT o r CURVE ; 'l'l fflJrf,~ 138.~4 FEE1' AI.OflG THE AR C o r A CUHVE TO TIIE RI GIIT IIAVIIIG A RA D IUS o r 80). td f EE.:r, ·r11E C tl o no O f Wlll C II P.l::AR~ S0U1'II 3~·1o1·~2" EA ST 13 8.)7 fEET 1'0 A POi l~T OE-cvn,~,UtlD C UR VE:; TllEIICI:: J02. 18 FEET ALOII G 1'1lE AR C o r A CU R VE TO TIIE H 11_;1fT II AV JIJG A fcJ..Cii us O F 8 l 2 . 9o FEET, Tilt:: C II O RO O F Wll [C ll BlARS .SOUT II 2 4 •o I ' 5~" l:AST J•)(l 4 5 FEET 1'0 A PO I UT o r COMPOUIID CURVE; 1'1lEIICE 188 .05 FEET ALOUG TIIE ARC O f A CU RVE ·ro THE RI GHT HAVII.JG A RA DIUS Of 8 26.77 FEET, 1'11£ C II OfW or WII JC''II RE,t,RS SOUT U 02•31 ·09 " EAST 10?.65, FEET TO A POJIIT o r kt:Vl::HSI:: CUR VE; Tlllflt'l 21. !~ FEET Al.OtlG T!IE JI.RC at~ A CURV E TO THE LEFT HA l/!l'IG A RADIUS O F 1 31 .4 1 fElT, Tit£ C HQPO O f WHI CII BEARS SOUTH oo•J0 '31" EAST 2 1.12 FEE1'; THEtlCE ti RTII 68.27'20" WE S T .;o.ao FEET; Tll~NCE f/ORTH 79•5,4 '5,1 " WE S T 71.7-t IT.ET TO TIIE POlflT or BEG IIIUJIIG, CO IITAlllrtlG 3. 0 69 ACRE S . TH E NET ~REA fOR P.~R C£L 2 I S '2 . 4 68 ACRE S , MORE OR LESS . BEAR l llGS ARE BASED Gil THE SOUTH LIii£ OF THE !IE l / 4 o r SA l D SEC T r OH 4 BE ING SOUTll 69" 45' 0 1" WE S r. DUWAY liE M. • .. r .l!.ll•!f ·:: fol.~,9f29 FOR AtlD 0 11 \_f;f).\l.f" OF •• ~ ROCKY MOUNT~~NSULTAUTSt..,· fll • t3JOJ £. PREt1 ft~~\"tl ·, ... •SIJI1'B l ul EtlGLEWOOO, co ~*'•4Aiti~! .. \ . · 30)-141-6000 • Englewood Pilccels Paccel 2 2882. 011. 0 0 6 /23/9 9 -gjk .. ' .. .. ' .. ' .. • ) I • 0 2 • • • .. -· • , ....... _ .. _ ... • - EXHIBIT --j ~~ " /, . I ,1 I ,. I l ; 1 j ThlS £1Qi8r DOES NOT ll(PR(S(HT A MOUUMEHt(O SURIA:Y. If IS OHlY ltH(NOCO 10 [)(PICT 111( AlfACt1£D 0£SCR1Ptt0t, I "' ROCKY ~OUNTAIN CONSULTANTS, INC . SCALE 1 • • 400" NE COR SW 1/"4 NE 1/4 SEC "4 PA.R C£\. 2 42.468 NET ACAES:t I v u w (/) v / I .......... I / :i: z 1 SE COR SW 1/,4 NE 1/,4 S[C 4 1-11 I 1 1 I II I II I II I II PARCC L I -A I 1 1 I I I I I :i: OJ I I <.D 0::: I II ui <.D I 11 t- I 11 I 11 =tmc SHEET 2 OF 2 8l01 [. P,.nllC'• Aw•. Su.le 101 En~wood, CO 80111 (JOJ) 7<1 -6000 f Al( (lOJ} 741-6 106 P.\SU PftOJ(CTS 2882011 £XH18t PARC£L2 .0WC J08 UO ?88 011 00 DATE 6/1~ 99 -k RlVISCO 6 23/99 ·. ) I • 0 2 • • • .. ~ -· • ...... . ·, .. , • -' ' •, LEGAL DESCR[P1'!0ll -P.~RCEJ, 3 A PARCEL or LA II D LOC ATED Ill SECTION 4 . TmiMSHI P 6 S OUTH , RAII GE 68 NEST Of' THE SIXTH PRillCIPAL ME RIDIP.N lll TIIE COU l/1"/ Of' OO UGLAS, STATE or COLORADO , A:; S H0 \•/11 0 11 TIIE LA IW SURVEY Pt.AT PECORllED AT RE C EPTT ()N IIIJMBER '.'939 4 2 Ill THE Orf'!CE OF TIIE C LERK AIID RE:CO Pr>ER Of' SAID COU IIT Y or DOUGLAS, DESCR!llr:D AS rOLLOWS : BEGHINrnG AT A PO!IIT 0 11 THE WEST LINE O f' THE Ill~ 1 ;,1 O f SAID SECTI ON 4, WHEII CE THE NORTIH-IES'I' CORII ER o r SA l D SECT 10 11 4 BEARS II ORT H 00°3'1'55 " Wl'.S'I' 76.81! rl:ET , SAJn PO I NT Al.SO llf.lllG <)II 'l'IIE SOI JTHER J.Y RIGHT-OF-WAY o r CO UIITY LIIIE ROAD AS DE SC RIBED JI! ORDWAII CE: NO . 6 , SERfES o r-196 5 Of' THE REC ORDS or T II E CfTY OF EII GLEl,OOD , COLORADO; THEI ICE: ALOI IG SA lD SOUTHE RLY R TGHT-Of'-WA Y THE f'O LLO IHIIG SI:< ( 6) COURS ES: ... 1. S OUT H 8 • 32 '0 4" EA ST 43. 90 rEET TO THE BEGHIN ING or A NON -TAII GE NT CURVE: CO IICAVE SOUT HERLY, A RADIAL LIIIE FR v M S AJ () PO !IIT BEARS SOUT H Ol 0 n'4l" WEST ; 2. TIIE II CE EASTERLY ·158. 5,1 FEET ALONG SAID CURVE THR OUG II A CE NTRAL AII GLE O F 9 ''.'5 '00 " HAVIIIG A RADJUS OF 2790.00 rEET; 3. THE NCE 110 11 -TANGEI IT TO SAID CURVE SOUTH 76° J5 '2 " EA S T 1 97 .4 0 r EET; 4. TH EN C E SOUT H 76°46'58 " EAST 120.38 r EET TO TIIE BEGI IIN IIIG or A TAIIGENT CU RVE CO NCAV E NORTHERL Y; 5 . TIIENCE EASTERLY 825. 73 f'EET ALOIIG SAID IJRVE THROUG H A CE NT RAL AIIGLE or 8'09 '00 " HA VII/G A RADIUS OE' 58 05 .00 r ~ET; 6 . T ll ENCE TA NGE IIT TO S AI D CURVE SOUTH 8 4°55 'SU " EAST 5o.44 TO TIIE IIOR T/IERLY RTGHT-OF-W/o.Y O F TIIE IHG HLW E r Atl/11. AS 11ESCRJl3ED 111 BOO K 91, PAGE: 6-t u r DOUGL.~S COU IITY RECORDS , SAID POIIIT llEIIJG AL SO TIIE BEGll !MlllG Of'/\ 11 0 11-TAIIGE IIT CUPVE COII CAVE SOIJ'l'/IE/\STER LY, ;., RADIAL LIN E f ROM $A I D Pf} I !IT Bt-:AHS SOU'l'II 3 ~ 10 ' 58 " E:A;;T; TIIJ<:II C t Al.r,rJ <; SA 1 D IIORT II ERI.Y RIGIIT-Of'-WAY O f' THE H IGHLrm: CAIIAL ·rm: f'OI.I.CMTIIG FOURTEEII ( 14 ) COUHSES: I. SOUTl11;£S TERLY 317 . ·11 FEET ALO IIG SAID CU HVE TIIR OU G/1 A CEI ITRAL AI IG LE O F 17')4 '3·1 " HAV!IIG A RADIUS or 1 03 4.72 f'EE T; 2 . THEIJCE TAIIGE:IIT T O SAID CIIRVE S OU TH 69'14 ''.'0 " !vE S T 514.52 f'EET TO THE BE Gll lll!IIG or A 1'AI IGEI IT CURV E CO II C/\VE S OUTHEASTERLY; 3. THEIJ CE SOIJTll!;ESTERLY 232. 5 4 rEE'I' A!.OII G SAi fl C URVf; TIIROUGII A C EIITRAL AHG!.E o r 4 7'20 '55 " liAVHIG A RADIU S or ~81.3~ Fe.E T; 4. THEII CE TAII GE II T TO s~.TD CURVE S OUTH 21°53 '33 " \;ES T 407 .05 rEET T O TIIE BEG!IJ IIJI IG Of' A TAIJGE IIT CIJRVE CO II CAVE II ORT ll!·IE STER!.Y; 5. Tllt:II C:E ~ UTHWESTERL '{ AI ID WESTERLY oo. 9 4 f 'U.'I' ALO!IG SAID CURVE THROUG H A CE II TRAL AIIGLE o r 89'06 '2 7" II AVHIG A RADIUS O F 4 3 .0 4 f'E ET T O TIIE BEGi llll !MG o r A CO MP OUIID CURV E COIICAVE IIORTHE/\STERLY, A RADIAL LIIIE rROM SAID POINT BEARS tJORTH 2 1 '00 '00 " EAST; 6. THEN CE NORT lll·IE STERLY 21 1. 9 4 rEET /\LOMG S/\ID CURVE THROUGH A CEIITllAL AI/GLE O F 48 '0 J '00 " IIAV ING A RADIU S OF 2 52 . B 9 rEET; 7. TIIE IJCE ·rA NGEtlT TO S AfD CURVE IJOR'l'II 20°59 '00 " WES T 370 .85 FE ET TO THE BEG I tit II NG o r A TAIJGEH1' CURVE CO NCAVE EASTERLY ; 8 . 'l'IIENCt II R'l'HE:111 .'/ b).13 f"EE'I' Al.ON G S/\IIJ C Ul<VE THll OUG II A CEIIT RA L AII G LE o r 11'4 •1 '30 " HAVING A RADIUS or 308.06 FEET ; 9. THE NCE TANGEIIT TO SAi O CIJRVE NORT II 9°14 '30 " vl EST 320. 18 FEET T O THE BEG !Ntl!NG OF A TA NGEll'I' CU RVE CO NCAVr: SOIITl lvlE STr:l\l.Y ; IO. THENCE II ORTHWE STERLY 335. 97 rEET ALO NG SA lU CIJ RI/E T IIROIJG H A CEIITRAL ANGLE Of' 50°14'10 " IJAV!II G A RADIUS O F 381 .1 9 FEET T O T HE BEG l llrHIJG o r A CO MPOUND CURVE CO NCA VE SOUTll!IE S 'l'ERLY ' A RADIAL LINE rROM SArD POHi'!' REARS SOUT H 30'31 '20 " Wr:ST ; 11. TIIENCE MOPT HW ESTERLY 34 3. '10 rEE'I' ALO NG S I\ fn CU KI/E T II ROUGII A CE IITl!AL ANGl,E O f 2 1'59' 1 4" IIAV l NG A RADIUS O F 89 •1 .U/ rEET; 1 2 . 'l'I IE NCE T/\IIGE II T TO SArD CUR VE: NORT H 81°27'5J " !·/E S T 2&!.16 rEET T O T II E RE<; 111111 HI; UI' /\ TANGr:ttT ~IJRVE CO IICAVf'. SOIIT l l "RI .'/; l3 . T HENCE WES'l'ERLY 2 14. 77 ftl:T AL OIJ G S/\fO CU IWl: 'l'HROUGII A CEN TRAi. ANG LE O F 16°21 '36 " HA VI NG A RADIU S OF 750.63 f'E~T ; H. TH ENCE TAII GEMT TO SA ID CUIWE SOUT H 02•09 ' 31 " WEST 2 44 . 74 rEET TO S A ID WESTE RL Y L l NE o r T Hf. NW 1 / 4 O F' SECT ] 0 11 4; T HE:IJ CE LEAVI NG SAlD NOl\1'HER LY R!GH1'-0r-WA Y AIH J ALOII G SATO WE S TERLY LIIIE NOR TII 0'34 '55 " WEST 113 .58 F'EET TO THE POINT O F OEGI IIIITN G , CON 'l'A [N !NG 17. 2 83 ACRES MORE O il LES S . ' I • 0 .]- .. • t• t, ./ .. ~ •' .. ., • •• EXrEPT FOR Ttl/\T PARCEL OF LAND DESCRIBED /IS PAR CEL "2L" IN A W/\RR/\NTY DEE i) RE CO RDED MAY 15 , 199 7 , AT R£CEPT!OI/ UUMBER 972 60 27 O F TIIE DO UG!,AS CO UUTY REC ORD S , MORE P.~R TICULARLY DE.,CR!BE D AS FO LLOWS: COMMEIJCJ NG AT TIIE l<W CO RIIER OF SA rD SECT IOI/ 4; TIIEtlCE SOUTII 76 • 2 6 ' 41 " EA ST 2 003 . 5 4 FEET TO II PO HJT ON THE SOUTlll•ESTERL Y RIGIIT-O F-WAY LINE OF COUNTY LlllE ROAD, SAID PO it/T BEWG 1'1iE TRUE PO HIT OF BEGJtmTNG; THENCE ALOIIG SAID RTGIIT-OF-WAY LHIE 1 00 .3 9 FEET /\l.OrJG TIIE AR C O F A CURVE TO TIIE LEFT 11 1\VTIJG II RA DIUS OF 58 0 5. 00 FE ET , T IIE CIIORI) OF WII l CII BEARS SOUTII 77"4•1 '21 " EAS 'r 100 .3 8 FEET; 'l'IIEIICE "0U1'11 00 "55'2 7 " WE ST 45.06 fEET T O A POttlT O F CU RVE; TIIEtlCE 247.1 7 FEET A LONG TIIE ARC O f" A CURVE TO 1'11E l.EF1' 11/\VTNG A RADfUS OF 3 4 -1. 4 FEE'!', TIIE CIIORD OF WIII CII BEARS SOU'l'II 1 9 "37 ' 5 1" E:AST 2 4 l. 9 0 FEET T O A PO Tll1' OF 1'ArJGENT; TIIEtl E SOUTII 40•1] '08 " EA ST 24 . o O f 'Ef:1' T O A PO IIJT Ot J TIIE IIORT /1Wt'.S 1'ERLY R/GIIT-Of-WA Y LINE O F TIIE li!Glll.INE CA NA L A S DES CR TB ED IN BOO K 9 , PA GE 64 OF 1'11 E DOUGLAS COUNTY RE CO RD S ; TIIEIJ CE AI.O ri<; ~A I D RI GIIT -O F-i.AY Lf/J E: S0 IJ1'1i 69° I 4 '2 8" l1E S1' I 04. 2 ~ FEET; TI I EN CE 3 0 I . 72 FE ET ALONG 'l'IIE AR C OF II NON-TANGENT CrJliVE T O TIIE RI GHT 11/\VJNG A R/\f)[US O F ~~2 . 1 FEET, T II E CIIUHD o ,· Wfl!CII B!cARS NORTH 18°58'46" WES T 30 1.57 fEET T O A POINT o r 1'/\IJGENT ; THEIICE IIOHTH 0 0 °55 '27" EA ST 6L79 F EET T O T HE TRUE PO !NT OF BEG!ilN!NG , CO UTAIN!t/G 0 . 780 ACRES, MORt: OR LE ~S ; AND EXCEPT TH/IT PARCEL OF LAND DESCRIBED /IS PAR CEL "2J" IN II WARRAN TY DEED REC OHDF.D MA Y 1 5 , 1997 , AT RECEPT!Ot/ IIUMB ER 9726028 OF TIIE DOU GLAS COUIJTY RE COR DS , MORE PIIRTI CU 1 .. /\R LY DESCH !BED A S FO LLOWS : CO MMEtJ CJt!G /IT TIIF: NW CO RIJER Or SAID SE CTT OtJ 4 ; TII EIJ CE SO UT H 67'31 '4 8 " EA ST 21 79 .0 S fEF:'I' T O A PO INT ON Tilt IJOR'l'H\1E S'i'ER L Y R !Gi l'l'-O F -WAY LINE or THE H!Gl il.TIIE: CAIIA L , S AID POINT BEING THE TRU E PO!IIT O F BEG lliNTNG ; TIIENCE NORTH 20 °45'32 " WEST 19.68 f'EET; THEIi<"!,; r!OilTH o9'1'1 '28 " EA ST 26 . 5 9 FE ET '1'0 A PO IIJ'I' Oil A MOll-'l'AMGEll'I' CURVE ; TH F:t !Ct 20 . 56 FEET ALCJ IIG T HE /\R C OF SA TD CURVE TO 'rHE !,EFT 11/\VI NG A RA DIU~ OE' 4 4 2. 9 1 FEET, '1'11 8 CHORD OF WIII CH BEARS SOUTH 37"33 '0 9" EAST 2 0. EET T O TIIE 110 i 1'111~E STERLY RI HT-OF·W/\Y LlNE; OF S/\JD IIT GIILiriE CAIi/iL; TIIEIJ CE /\LONG S/\!D R!GIIT-OE'-WAY um: SOUTII 69°14'28" WE !;;T 3 2 .5 4 FEE T T O THE T RUE PO IHT Of BEG!IJN!NG, CO NTAHl!NG 0.013 AC RE S , MORE OR LES S . TIIE NET /\REI\ f DR PARCEL ) rs 16.48 2 ACRES, MORC C R LESS. BEAR IrlGS ARE BASED 0 1/ TIIE WEST LINE OF THE Nil l / 4 OF SAT D SECT TON 4 BEING NORTH 00°34'55" WE ST . D~.TE: '--=~.,_/.i=::z.7.:....:./c;_C?...:...Y ____ _ • Englewood Parcels Parcel 3 2882. 011. 00 6/23/99 -qj k .. I • 0 32 • • 0 .,, N ..u :I n .. ~ --• f~ t, . . .. • • .. 50. , •. 10 .: b• R-.Jal.11, NW 1/4 SEC 4 T6 S, R68W L•3l5.i7 \ Not,4'l0 .. ~ \ 320.11 \; I .. ... 0 NE 1/4 SEC 4 T6S, R68W ' • • • .. • ,-... : ... ·~ • - LEGAL DESCR TPTION -PA RC E L 4 A P ARCEL O f LAII O LOCATE D I!1 T l!E NE 1/4 O f SECTIOJI 4, T O\;N S HIP a SOUTII , RAII GE 8 WEST O F TIit. S TX TH PRTllCT PA L ME R ID TAil Tll TII E COIJl<T Y Of DOUGLAS , S T AT E Of COLORA DO , BETIIG A PART OF rHE Pl.UH V.~L LEY SUBD TVI S Hlll RECOR DED AT R E CE:~1'10 11 MUMBt:R 98 41 Ill T HE O F FIC E O F THE C LE RK AN D RE CO RDER O F THE C OUll TY O f DO UG LAS, 11 5 S HOl;N IN P ART O N TH E LA JI D SU RVE 'I P LAT RE CO RDE D A'I' R l::C EPT!ON JI UMllER 2939 4 2 1 11 T HE O F F I C E Of T HE C LERK /\N O R ECO RDER O f S A T D CO!JllTY Of DOUG LAS , DE SC RIBE D AS fOLLOWS : B EG HH!TNG AT TH E S OUTHEAS T COPIIER O F T HE N RT H HA LF O f TH E NE 1 /4 O f SA ID SECTI ON •l , S Al O PO !UT BEJI IG r.so T HE SOU THEAS T COR NER O f S A ID Pl.UM VALLEY SUBDI VIS I O N; TH F.lll'"E ALvllG T HE SOlJT Hr:R LY LT IIE O F S A ID HORT H HA LF AII D THE SOlJ1'11E R I.'/ LI llf, Of 5~ I PLUM VALLE Y S UB D IVI S I O N SOUT H 89"4 2 ' 1 3 " WE ST 4 0.~6 f fET TO rHt: !l0RTIIER I.Y RIGIIT -Of--l;AY Ol' T !IE HT GII L!IIE CA II AL AS DE SC RIBED Ill BOO K 93 , PAGE t,4 O F UGLAS COU NT Y RE CO R DS , S I\I D-PO !IJT B E llJG TIIE BEG TlllJI H, O f"~. ll u ll -l'AIJ GEII T CU RVE COIIC AVE SOUT Hl;ESTE RT,Y, A P ACT A L LIIJE FROM 5/\11) POl !I T IJ EARS SOUT H 47°5 1 'H " WEST ; 'rt!EII CE A LOII G SA I [l llORTIIE R L'/ RJG IIT-O f-W ?.Y O f T II E HJ GHL TII E CAil /iL Tl!E F'O L LO WIIIG EIG HT (8) COU RSES : l. II ORT l!W E ST !c:RLY l 76 . I t EET ALOllG S A rD CURVE T l!ROUGII A CE NTRA L AIIG LE Of 0 3 °25 '4 2 " H!,V !II G A RA DIU S O f 2 4 b.4.J FEET; 2 . T HEN C E T AIJ GEII T T O S A ID CURVE II ORTH 4 ,"33 '55" WUT 27 .00 F EET; 3 . T l!EIJ C E SOU TI! 44°26 '05 " WE S T 2 5 .00 F'F ET; 4 . THEHC E llORTH 4 5• 33 ' 5 " WEST 439.03 FEET TO THE BEG TIJl l !llG O F A TAII GEWr C URVE COtlC AVE SOUT HWF:S TE R !.Y; 5 . T HEII C E NORT HWESTER LY H ~.o 5 F'E ET A LmJG SAID CU k VE T l!ROUG H A l'"E IIT RAI, AII G I.E O f' 29°4 5 ' !5 " IIAV!llG A RA DI US Of ~H .70 fEf.1' T O THE BEG !NII I IJG O F A COMPOll lJO C UR VE CO IJCAVE SOU l'II ERI.Y , A Rl,DIA L LWE FROM S A ID PO I /ff BE ARS ~tlO'J'II 1 4 '·1 0 '50 " Wl:..ST; & • T II W C ~ l1E~ r ERLY 77 . 1 5 FEET ALOIIG SA 1 D CUR '/,; Tl!ROlJG II A C E!JTR A L AII G LE Of !3 '00 '0 A" II AVf llG /\ RA O TUS •1f l2-1.2U f'l·F~T; ·1. T IIEHCE TAII GE IJT T O S AI D CIJRV E NORTII 88"19 '1U" «EST ·139.99 FEET T O TII E BE G lil lJIIIG O f A TA NGE II T C UPVE COI JC AVE S OU Tl!EAST!c:Rl.'f; 8. 'l HEIICE SOUT lll•J E S T ER l,Y 99 . 4 3 F EET ALO I JG Si, l fl curvE THrOUG H A C EIJTRAL I\II GLE O F 2 1 °15 '5 7" HA V lllG A RA DI US O F 26/.88 FEET TO THE E/\S T E R LY L III E O F LOT 4 9 O F S /\I r:, PLUM VA LLEY S UB D!V!SJOII ; TH E IIC E A LOtlG S A!v EAS T ERLY l.TII E NORTH 0 °1 6 '50 " WE S T 3 22 .~9 ,'i,:F1' '1'0 T HE SOUT HE RLY R !GHT-O f -l·lhY OF COUNTY LIIIE ROAD AS DE S C R IB E D !II ORD lll/..lJC E 11 0 . o, SE R TE S O F 1 96 5 O F Tl!E C ITY OF EII G LEl'/OO D, C OLORA DO ; TII EI IC!c: /\LOII G TH E S A ID SOUT HER LY R IG HT -O F -WA Y T HE fOL!.OWIII G TI IHE E ( l) <':O llR SES : I. SUU T II 84 °55 '5 8 " EA S T 6 9 .89 F EET ; 2 . T l!EM C E SOUTH 8 5 °3 6 '2 8" EAST 20 2 .60 fEE T T O T HE BEG !IIHIIIG O f A t!OI I-TA IIGE IH C URVE CO NCAVE MO RT HE R LY , A RADI A i. 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T H El IC E 1'AN GEM T T O SI\ ID CURVE SOUTH 5 °0 5 ' 51 " EA ST 2 6 1. 56 fEE 'r T O TIIE EA STER LY l.lllE O f S A ID IJ O RT II HAl.f O E" Tl!E NF. 1 /q O F" S t:C Tl O N 4; 'l'II E IJrE /\I.OIi(; S ATll EAST E R LY L IME S OUT H 0"5·1'2 4 " EA S T 5 6 3 .88 F E ET T O T HE PO I NT O F BEG TNIJIIJG, C ONTA INING 1 5 .0 3 AC RE S MORE O R I.E S$. r.xrE PT LOT S 46 AtlD 4 8 , P LUM VAT.LEY S UBDIVT S TON, MORE PAR1"!C ULARLY DE S R TBED AS f"O LLOWS : BEG !IIIJING AT TIIE SOUTHE/\STERL'I CORNER OF S A ID LOT 4 8 , v/ll E IIC E TIIE PO I IIT Of BE G IIIIIING OF THE ABOVE DE SC RIBED PA RC E i. 4 BE/IRS S OUTII 31 °25 ' 14" EAS T 5 03 . 35 f'EET; T HENC E Al.ONG TII E S OIJ'l'llv/F.S T BO IJ!IDAHY O F S A TO !,OT 40 NORTH 4 5 °2 7 '44" WE S T 187.34 fE ET; 'l'II EII C E Al.O NG THE • I I • 0 - • • .. • -· • ' / •·;.. ·-··c ~. • • ' ... SOUT IIF.AS T BOU II DARY O F S A I D LOT 46 SOUTH ·14"32 ' 1 6 " WE S T 171.5 4 FEET , MORE O R LESS , T O A PO IIIT ON THE llORT II E R LY R TG II T -O F-l~AY O F T II E IIIGIILIIIE C AIIAL ; T IIEilCE ALONG S AI D NORT II ER L 'f R IG HT-Of-WAY AN O TIIE SOIJTIIERLY BOU II OARY O F S AID LOT 46 TIIE F'OLLOWI II O 1'1i0 (2) COURSES; .. I. II ORTIHi ESTER LY 137 . 74 F EET ALOII G THE ARC OF A C:U RV E COtlC AVE TO TIIE S OU 1'11 WE S T 'I'HR OUC II A C EN TRAL AIJG L E O F 2 B"43 '4 6 " Atl D A RADI US O F 27 4.70 F EET , T HE C HORD O F WH I CII BEA RS II ORT H 60 "57 '4 7 " \-/E S T 1 3 .3 0 F EET T O A CO MPOUIID CUR VE CO II CA VE SOUTHE R L Y , A RA DI AL L{II E fROM S A l D PO lllT BEA RS SOUTII l q 'q Q ' 50 " li E S T ; 2 . T l!Etl C E WE S TER L'f B . 46 F EET ALONG SAID CUR VE T l!ROUG II A C EIITRAL. AllGLE OF 00"23 '4 9 " IIAVHIG A RADTU S OF 1 221.28 F EET , TIIE C HO RD O F Iii! I C II A EARS II RTII 7 5 • 31 ' 3 5 " WEST O . 4 6 FEET T O THE SOIJ1 II WE S T COR IIER OF S A ID LOT H ; TIIF.M C E A LONG THE WESTER LY BOII II DAR Y OF S A ID LOT 46 IJ ORTH 00' 1 6 ' 44" WE S T 2 H. 5 7 TO T II E NO R'l'IIW ES T COR IIE H O f SA l D LOT 4 6; T II E NCE ALONG TIIE NORTIIER L Y AND EA S T E R!.'/ BOUNDAR Y O F SA! D l.OT q AND LOT 4 8 TIIE E"O LLOWIN G CO URS E S : SOU'l'II 88°1 2 '59 " EAST 3.4 2 F EET T O A POI NT OF C URV E; TII E NC E 53. 63 F EE1' ALONG TIIE ARC O F S A ID CURVE CONC AVE T O T IIE NORTH TII ROUGH A C ENT RAL Atl GI.E O F 38 °2 4 '30 " AI ID A RAD I US O F 8 0 . 00 FE ET, TII E C HORD O F WH I C H BEARS NORT H 72•3 ; '4 6 " EAST 52 . 6 3 T O A PO HIT O F TANGENT; THENC E NORTH 53 "2 2 '3 1" EP.S'I' 1 6 3.8 7 f'E ET T O A PO I NT O F CU RVE; TIIENCE 55. 32 FEET ALONG TIIE AR C OF S A [D CURVE CO NC AVE T O T HE S OUTH THROUGH A C ENTRA L AN GLE OF 7 9"14 '30 " AIJ D A RADI US O f rn.oo FE ET , TIIE C II ORD O f Will C H BEARS S OU TH 87 • 00 ' 14" EAST 5 1. 0 2 f EET TO A PO INT O f TAM GE NT ; THENC E S OUTH 47"2 2 '5 9 " EA S T 1 45 .03 FE E1' T O A PO JIIT O F C URVE; T IIEN CE 2 9. 6 1 FEET ALOlJG TH E AR C O F SA ID CU RVE CO NCAVE TO TIIE SOUT HW EST T HR OUG H A C ENT RA L AN GLE O F ;~"25 '00 " ANO A RAD I US OF 4 0 .0 0 FEET, THE CH ORD O F WH IC H BEARS S OUT H 26 '10 '29 " EAS T 28 .9 4 T O A PO INT O F TANGEUT; THENC E S OUTH 0 4 "57 '5 9 " E .'I S1' 09 .69 F E E T T O THE PO INT or BE G INNING , CO NTA INING 2 . 665 AC RES , MOR E OR LESS. TIIE NET AREA FO R PARC E !. 4 r s 1 2 . 37 ! ACRE S , MOR E OR L E SS. BEARINGS AR E BA S E D O N THE EAS T LINE OF THE IIE I/ 4 OF S A ID S ECTI O N 4 BEING S OU TH 0 0"5 4'2 4" EAST. DU WAY NE M. ENG LE WOOD , CO 303 -7H-60 0 0 DAT E '--=,{,'-'/Z-i'.c.._A_9_? ____ _ Englewood Parc els Pa r c el 4 2882 . Oil . 00 6/23 /99 -g j k ,. .. \ -.. I • 0 3 • • • .. • -----• I•• ./ . ... • • ' EXHIBIT rJC Cot n•r s .c , I g N ., " .. PilS C»t81T DOU NOf fl(IIN:S[NT A li,H)NUW(t4 l(D SUR\llY If ~ ONU' IUl[U0£D TO O(PICT nc: AnAO.CO OCSCRIP llOO . . . .. "' " ROCKY MOUNTAIN CONSULTANTS, INC . i .1 ,:,• "' l "' ""'"' ~ --~~~ ~ It It .... ~ • • r"l t~ I ~ •• <Q . . _,.. ~::; ---. bJ ~ ~, . .. PARCEL 4 GROSS AC . • 15.036 EX C. AC . • 2.665 N[l AC . • 12.J71 .. 0 v u w ~ Cf) CX) (Ci v " Q'.'. w CJ) (Ci z I- --·-, =tmc SHEET 2 OF 2 8101 £. Prentice .-..... Suite 101 [~lewood, CO 80111 (JOJ) 741-6000 FAX (JOJ) 7 • 1-6106 P \SURVE'1\PR OJ(CTS\211820 11\£Xttl81T\PARC(L4 OWC N1B uo B 011 00 OAlE 6 1~ 99 -'k RC\1S£D 6/23 99 . . .. .... I • 0 3 - • • .. ~ ,,-· • ,.. ·~· • 1 .. • -.. •, LEGAL DES C RIPTION -PARCEL 5 A PARC EL O f LAND LOC ATED !ti THE NE 1 /4 O f SECTIOJI 4, TOWNSHIP 6 SOUTH , RAU GE b8 WE S T O F THE SIXTH PRINC I PAL 1-IE RIO !AII Ill T HE COU NTY O f' DO UGLA S , STAT E O f' CO LO RADO, BEING A PART OF TIIE: PLU M VALLE\' SU BD I V!S I OI/ RE CO RDED AT REC EPTI ON IIUMBER 98341 111 '!'HE Of'f'IC E O f' THE CLER K AI/D REC ORDER O f THE COUNTY OF DOUGJ,AS , AS S HOlm IN P ART O N THE I.AJID S llRVEY PL/IT RE CORD~'.D A'r RECEPTIO N NIIM IJF.R 2939 4 2 111 THE O FFI C E: O f' THE CLERK AND RE:CORDF.H OF S A l D COUNTY O F OO UGI.AS , llESCR IDE D AS FO i.LOWS: COMMENCHIG AT THE IIORTHEAS T CORNER Of SAID SECT !Oil 4; THENCE SOUTH 67'1 2 '44" li ES T 2 051.60 f'EET TO THE TRUE PO !IJT Of' BEGf NNflIG , SAID POfNT BEING ALSO ON THE NO RTHERLY RIGll'I'-Of'-WA Y O f' THE HIGHLINE CANAL AS DESCRIBED lH BOO K 93, PAGE 64 , DOUGL/\S COUIIT Y RE CO RDS , AND THE BEGfl/NHIG O f A CURV E CONCAVE SOUTIIWESTERLY, A RADfA I. LfllE FROM SAID POINT BEARS S OUTH 48 • 55' 06" WEST; TltENCE ALOII G SA! I) NO RTHERLY RIGHT - O f-WAY OF THF. H IGHLINE CAN~.L THE FOLLOW lll THREE l 3) COURS E S : 1. NORTHWESTERLY 43. 07 FEET ALONG S ArD CU RVE THROUG H ... CENTRAL ANGLE O f 08'22 '19" flAVIN G A RADIUS O F 29 4 .7 8 f EET T O T HE BEGHIN!NG O F A COMP OU ND CURVE CONCAVE SOUTHWESTERLY, A RADfA L LIIIE FROM SAID PO INT BEARS SOUTH 40"32"47 " WE ST; 2. THENCE NORTHWESTERLY 11 0 .46 FEET ALONG SAID C URVE THROUGH A CElnRAL AI/GLE O F 08'03"17" HAVING A RA DI US O F 78 5 . 72 FEET T O THE BEGINNING O F A CO MPOUND CURVE CONCAVE SOUTHWESTERLY , A RAD lAL LINE FR OM SAID POINT BEARS SOUTH 32"29'30" WEST ; 3. THENCE NORTHWESTERLY 1 23 .56 FEET AL ONG S /\I D CURV E TliROUG H A CE NTRAL ANGLE O F 22"2 8'09 " flAVING A RADI US O F 315.06 FE ET T O THE S OUTHERLY RI GHT -OF-WAY OF COUNTY LfNE ROAD AS DESCRIBED !N O RDfNANC E NO. 6 , SER] ES O F 196 5 Of TIIE CTTY OF EN GI.Ewoon, CO LOR ADO; THE:NC E LEA V ING ~A ID II ORT Ht:Rl,Y RTGIIT -O F-,IA '( Qt' 'l'll l'. 11 1 L IIL IIIE C ANAL Al-I D ALOIIG SAID S OUTHEHLY R!GIIT-O F-WAY OF COUIITY LIIIE ROAD SOUT H 84 "55 ' 58 " EA S T 307. 31 FEET T O THE NORTHWESTERLY LIIJE 0 1' LOT 4 9 O F S Ai D PLUM VALLEY SUBDIVISI ON ; THENCE LEAVIllG SAID S OU'rHERLY RI GHT-Of-WAY AllD ALONG SAID II ORTH WE S TERI.Y LINE SOUTH 3 2 °3 4' 55 " WE S T I 4. 0 F EET T O TIIE TRUE P O I NT O F BEG rnNJ II G , CO NTAINING O. 3 33 ACRES MORE O R LESS. BEARINGS ARE BA SED 0 11 THE EAST LINE O F THE NE l /4 O F SAID SECTI O N BEING SOUTII 0 0"5 4'24" EAST. Ell G I.EWOOD' en 303-7 41-6000 932 DATE : __ !,,_;/<_;z_.J_~:..__ ____ _ • Eng 1 ewood Parc els Parce l S 2882.01 1 . 00 6 /23/99 -gjk ' . ., ,. ' ' ., ... " • ) I • 0 ]- • • • .. --· • / ... • •• .. EXHIBIT C 0 u . "' ~ w z Po1n l of Commenc ement Parcel NE Co,ner S.tc 4 Bross Cop --~-- 0 0 .. a: ., ., C: 0 > - U' -C ,. . . :) (11 •• 0 __ 0 _i __ u_ ,_;-l-: !I "' : ~ ';; 11 "' " J: t C 5 u .. <> ,o -u "w t: ~ oe Z ID ~~ SCALE 1 • • JOO' PARCEL 4 "' ?j V ill ___ 5 i5 m ~ ::, (/) " -,.--.-,-,., u:, _, <n -:i!~ > ') -~--::, u _, ,., (tN i\. ~ East Lin ~ N[ 1 / 4 Se ction 4 Basis at Bcanngs s oo·s •·i.· E ':' ~ 'f' .. --·---., N .. s:t- u w ~ (/) CXJ s:t-<.O n::: "" (/) w <.O z I- THI S (ICHIBH 00($ HOT ft(Pfl(S(NT A MOHUW(UJ[D SllAVCY. If IS OM.Y ••TCH0£D TO O(PtCt n1C An AOtEO DCSCRIPOOU =tmc RO CKY MOUNTAIN CONSULTANTS, IN C. SHEET 2 OF 2 Su.la 101 fn~awood, CO 80 1 11 (JOJ) 741 -6000 fAX (JOJ) 741-6106 CXHl81 PARCEL~ OWG DATE 6/1~ 99 -R£VISEO O 2.l 99 • . ' .. I • 0 32 I -- • • ~. NW 1/4 SEC 4 ~66W ---....____,. '-. .. • 1 .... . ·, • •• .. ... CITY OF ENGLEWOOD OWNERSHIP MAP BEING A PART OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 68 WEST OF THE 6TH PRINC IPAL MER IDIAN COUNTY OF DOUGLAS, STATE OF COLORADO SHEET 1 OF 1 NE 1/4 SEC 4 T6S , R66W .. .. 0 0 SCALE 1• • 400 JJ - • ./ SW 1/4 SEC 4 T6S, R68W - ... ,.,~ ... . '""· ·.:·. '"- .. • • ' • .. SE 1/4 SEC 4 T6S, R68W 0 0 32X • • -• .. • , . • - BY Al.THOR!TY ORDINANCE NO ./J:2- SERIES OF 1999 co . ·c rL BILL KO . -16 I NTROD UC ED BY COUNC IL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE "AMENDMENT' TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION AND FUNDI NG OF THE TRANSIT FACILITIES AND PARKING SPACES AT CITYCE:-JTER 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 pa rking s paces for GiO automobiles . an eight bay bus transfer facility, pedes trian access from the parking facilities to the station platform , land for RTD Light Rail traction power s ub station a nd ease me nts a s required to operate and m aintain RTD faciliti es at Ci t yCe nter Englewood pr oject; and WHEREAS, this proposed resol ution a uthorize d a n a me ndment to t he intergovernmental agreement with RTD for co nstruction a nd funding of the transit facilities and parking spaces at Ci tyCe nter Englewood ; and WHEREAS , this propos ed amendment addresses changes in RTD funding fo r the project addition of a pedestrian bridge, increased number of parking s paces, revised completion and acceptance dates and an option for future parking needs ; a nd WHEREAS , this proposed amendment addresses changes m the scope of the project as reques ted by RTD including increasing the automobile parking s paces by 240 to a total of 910 spaces and an enhanced pedestrian bridge ; and WHEREAS , s ub stantial co mpletion of the project, under this a me ndme nt i s required by April 1, 2000 with acc e ptance by RTD by no later than Ma y 1, 2000 ; and WHEREAS , this propose d amendment also set s forth RTD 's retainage of a n option to increase automobile p a rking s paces by 500 on or before July 31 , 2003 ; a nd 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 O.F ENGLEWOOD , COLORADO, AS FOLLOWS: -I - • 11 b iii I • 0 • • • / •~. ·, . ,· .. ,'115 , . .. --• .. • •• ' ... Sectjon 1. The City Council of the City of Englewood , Colorado, hereby authorizes the "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 , attached hereto as "Exhibit A". Sectjon 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, 1999 . Published as a Bill for an Ordinance on the 9th day of July, 1999 . Read by title and passed on final reading on the 19th day of July , 1999. Published by title as Ordinance No .~ Series of 1999, on the 23rd 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 . Loucris.hia A. Ellis -2- ... .. I • 0 2x I • .. ~ ,,-. • ~ ,. .. ... • • ' ... AMENDMENT This Amendment made this __ day of , 1999 between the City of Englewood (the City) and the Regional Transportation District (RTD ) is to the Agreement (the Agreement) mac1e January 6, 1 997 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 provide addit ional funding to the Agreement for an additional 240 parking spaces within the newly constructed parking structure to be used by RTD customers ; to provide funding for an enhanced bridge connecting the community plaza at Cinderella City , now known as the CityCenter Englewood, to the RTD station platform ; and to secure the right to construct additional transit park in g in the future . 3 . In furtherance of the goals of the parties as set forth here i n and ,n the Agreement the following amendments shall be incorporated: a. § 2(a) shall be amended to increase the nu mber of par ki ng spaces provided to RTD by 240 park ing spaces w ithin a park ing structure , for a total of 9 1 0 spaces ; and the parking ratio shall not exceed 120 spaces per acre w ithout RTD ' s concurrence . b . § 2(c) shall be amended as follows: Access to the station shall i ncl ude a pedestrian bridge from the CityCenter , i n substanti ally the location and of the design represented by the Master Plan which ha s been presented to RTD , a copy of which is attached as Exhibit A to this amendment . c . § 2 of the Agreement shall be amende d by the addition of subsection (i) as follows : The City shall reserve the surface park i ng area north of Floyd A venue and west of Inca Street in the CityCente r Englewood project , f /k/a Ci nderella City, space for an additional 500 parking spaces to be made ava ilable 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 additio nal 500 spaces . If RTD requests all or any portion of the 500 spaces , the spaces may be mace 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 C ity requires additional park ing to meet the needs of the C ityCenter Englewood project , the City will pay its portion of the actual per space cost of construct ion , 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 park ing spaces to meet the needs • X .. I • I T A ) . ' I • 0 . ] • • • .. ,. .,... . • J· :, • .. ·~ • -.. of the CityCenter Englewood proJect. based on an updated park in g 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 determinati on as to whether the City or RTD will construct the parking will be made based on the parties ' respective ability to complete the parking in a timely fashion, with in the designs, standards and specifications of the CityCenter Englewood project , at the lowest cost. An RTD transportation easement to the City 's lease of the subject property will attach to any parking constructed under this provision. All provisions regarding RTD review and approval of plans and specifications and any other applicable portion of the Agreement will apply to any parking constructed under this provision. d. §3 of the Agreement shall be amended to show an increase in funds from RTD for the Project in the amount of $3 million , bringing to the total of RTD fun ds committed to five million seven hundred thousand dollars ($5 ,700 ,000 ). e. §5 (f ) of the Agreement shall be amended to reflect new dates of Ap ril 1 , 2000, for substantial complet ion of the work . and May 1 , 2000 , for acceota nce by RTD of the completed Project improvements . f. §6 shall be amended as fo llows: The City acknowledges and understands that RTD is comm itted by contract with the Federal Trans it Adm inistration to complete . i nc luding testing and training, and open its Southwest Corr idor Light Ra ll Proj e ct , including the Project improvements by the opening date in Ju ly 2000 . T h e City warrants that all work contemplated by the Agreement sha l l be substantially completed not later than Apr i l 1 , 2000 , and be performed essent ially in accordance w ith the schedule shown in Exhib it C . In t he eve nt that it appears to the City or RTD at any t ime up to February 1 , 2000 , that the City w il l be unable to complete the Project , or to construct temporary cont ingency park i ng and bus transfer within the Project Area identif ied i n Exhibit A , the parties shall so stipulate in writ i ng , and RTD sha ll have the option to itself complete the Pro ject or construct temporary conti ngency park i ng within the Project Area , and deduct those construction costs from the total funds of $5,700 ,000 . Construction by the City of temporary contingency parking shall be initiated by no later than February 1, 2000 , and shall not cause an increase 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 City agrees to incorporate into the contract with the Master Developer language making RTD 's transit improvements and park ing , the Project, a priority 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 ' .. ~ . ~ " . t I • 0 - • • • --• ,, . .. . . • •• 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 contingency park ing, any sums expended by RTD shall be deducted from the $5,700,000 . g. § 17(1 I shall be amended to acknowledge the following recipients of notices: Ahmad Fazel. Director of Planning and Development , RTD Mike Flaherty, Assistant City Manager , City of Englewood All remaining portions of the Agreement shall remain in full force and effect. Any dates shall be extended as required to be cons istent with th is Amendment . IN WITNESS WHEREOF the parties have execut ed thi s Amendme nt , effective the day and date first above written : APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT ATIEST : Loucrishia A. Ellis, City Clerk REG IONAL TRANSPORTAT ION DISTRICT ?;:,~,,4 General Manager CITY OF ENGLEWOOD By : Thomas J . Burns Mayor .. .. I • 0 32X • . ,. ,,-- • .] t l .. .. .. • • -' ... • • I • 0 · .. EXHIBIT A • • • .. " ,,-- • .. J'· ~.1 .. • .. S8 LIi!--------·-------'-------- ....... IU.00 I . __ ..,.. ___ ..; _IIIV ~1110,1_ _ ___:_::..._::_ ___ ===·-=.::....:==s •-~======"e-~~~=---===~======- EXHIBIT B PROPOSED HAll'O[N PARK-N-R I OE CINDERELLA CI TY II ' I • -I 0 '• ... I ______ _ .!!!!!!!! 1 . '"' lOCUI Of US a(ST f'(O IS ,1P o'A01 1w.t.1l . ht( COtrilfH(H]II !wi •l l COOfiDIHAf( •IT U u S •Bl •hO fUH•ISH •IIIO lhSfAll ht{ z· au . 1,,0,.u ul' •s fitDlJUl[D .r\NO AOO l 1 IONAL COS T 10 RIO . l . hi[ (Clrl lla(ION \NAU Ii{.-) ... ( ANO U hl"'O')f Oi ·~""' f •S i(Dul (D roa lhS Utt •11 0 1-f ul II'')~ •I lttt DliltCIIDk or IHt. INC IM{UI Al ...0 •DIJI II OtU I (OSI 10 ,110 , ,..Jcroo}, f(UI f(fl([ LAt Out .. , AN . \ UISTINt. ~ /15.PHAIT :_/ ._._/ ''"(M(kl 32X 0 ·• - 0 ~~;;:t:c;:,e;:~;al Design····-·····-··-·-··-·-····--···· ~:::::: .. I'::::~:: l Scl,em~; f :::;~re Struct ural De 1911 E~l~~~~~~g~~~~ts(.~ermit .. !;!t .......... _;:::;:: .. l::;:~:: ··t· .! j,oo,: Deso!:! ~~:: 0 ~:~e;::11 c r,on Documen rs Perm/I Ser 100% Design Development 01MAR99 14APR99 T 100,, Design Developmenr Complete Structurat'Design (CD Quality} 01MAR99 15JUN99 1 • ' T Complete Srruct11ra1 Design (CD Quat,ry/ l l j I I I 1 1_00% Construction Documents/Permit Set ·-· _15APR99 . 15JUL99 .. 1 •• 1 J 'J \T ,, 1 00 1 ,: Cons'.1ucr1on D?c11men rs ;e'"'.'r Ser MASTER PLAN (CIVIL) 100% Design Development r 01MAR99 28APR99 1 l :100,: Design Developm efll Complete Civil (Grading/Utilities/Ret. Walls} 01MAR99 02APR99 T Complere Civil /G radin g/Ulll11 i os 'Re1 Walls/ Landscape Design Development OIMAR99 02APR99 t f'L•r:cls cape Design Dev elo1m1e11 r 100% Construction Oocu,nenls ! I •A •f 100,, Co11s uuc fioo Ooc 1mumt!t Permit Set 1 ·1 : T 'Permit Se I I • I I I : ' I I•& T Initia l GUP Devel opme11t I Initial GMP Development Interim Agreement I E1tecution NOTICE TO PROCEED Final GMP Development GMP Contract PERMITTING Utilities I Street Worll Permit Pedestrian Bridge Permit Pedestrian Bridge Foundations Permit Parlling Structure Demo Permit Parking Structure Foundations Permit Parldng Structure Superstructure Permit • Ped Bridge Shop D~gs Development Ped Bridge Shop Dwgs Review Ped Bridge Shop Dwgs Correction Ped Bridge Fabrication ••• w. """'" 1· ·~---I r ,..;d.i, D)ll "(I • ,.., ......... r , • .,,.,. eu.01:,0; 1 .J ,..,,. I~:-~: ... ~"" ;;~;::::. C l , , ••• ,,o1_, ~.. : ~.,'* -- • 15APR99 0 IJUN99 02JUN99 02JUL99 06JUL99 O&JUL99 1&JUL99 2&AUG99 27 AUG99 09SEP99 22 JUN99 1 &JUL 99 1&JUL99 • 12AUG99 1&JUL99 • 05AUG99 11AUG99 17AUG99 OISEP99 • 21SEP99 15SEP99 • 050CT99 08JUL99 1&AUG99 17 AUG99 JOAUG99 J1AUG99 IJSEP99 14SEP99 250CT99 I ' ' •A J. lnremn Agreement I E•ec ution j • • NOTICE TO PROCEED I I A. 1 • T; Final GMP Developm ent 1 ·,T Gr Tr,.r 1 T ~ti/Wes I S~reet Wo rlc Pe,m,t I A 'f Pe d~st11an 811dge Pe ,ruic 1 A ~ Pe~esr,!an s ;1 dge Foundations P ermit I I 6' Parlc i~g Stwc tu,e De m o Perm, I t , Par#,ung Struc ture F o undatio n s Ptum l t •&; J Parlong Structure 1 Sup~rstru~ture Permit I I I I I I I I ? ~ed Brldge 1 Sha,: Dwf/s Dt1velo~ment • t Ped Bri dge St,op Dwgs Revi ew I ' ' ' • T .P~d B,idge 1 Sho~ Dwgs Co,rrection •& Ped Bri dge F11brlc11tlon ENGLEWOOD TOWN CENTER DESIGN / CONSTRUCTION SCHEDULE • E X " I B I ,. C • I i • ,, ,..,. . • '. e - Precast Subcontract 22JUNll9 OIJUL99 ·. Prec•st Shop Dwr,s ·Development IIJULH 09SEPH · Precast Shop Dwgs Review tOSEP99 24SEP99 Precas,-Shop-Dwgs Correction 21SEP99 OIOCT99 PrecasiFabrii:atton-ffOCTH ITOECH CONSTRUCTION ACTIVITIES (SCI ONLY) Moblllz•tl;~" , . Procure Utilities Materials Establish Emergency Access Roads Initial Survey I Layout Demobilization OVER=-il[[ p=R=o~JE=c=r~c~o=M~PLETION __ _ Ofj[JfjES 08JUL99 OIJULH 08JUL99 19JUL99 30AUG99 28JUL99 08JULll9 26JUL99 28JUNOO JOJUNOO OJJULOO OJJULOO S.§:l~~---_-J:=1:=: __ Retail Pads between Elati and Galapagc>.~UGH OISEP99 . i=;;;;;~:;~;r.:e?;s::;~%-,,~ .. i;;:;J:::··:.;~;;.:,. Girard I Cherokee Intersection Improvement 06MAROO JtMAROO Elatl Street Retaining Wall@ Walmart 21JUL99 23AUG99 Elati· Street Demolition ~ 24AUGH 30AUG99 Elatl Street Excavation ______ -- ElatJ Street Utilities Relocation I Tl~ Elatl Backfill @ Intersection I S11bgrade Prep ElatJ Street Ciirb & Gutter Elati Street PIii/ing Floyd Avenue Dem,,__o~ll~tlo_n_ Floyd Avenue Subgrade Prep I Floyd Avenue Paving - JIAUGH 01SEP99 21SEP99 28SEP99 OTOCTH f20CTH 02NOl/ll9 10NOV99 11NOV99 08SEP99 20SEP99 21SEP99 080CT99 ffOCTH OIN0\1119 09NOV99 !IN0\1119 21DEC99 .. ' ... 0 •~ Pree.st Subconrraf l I I I •A 1 ~ T P,ec•s f Sh op Dwgs Developmen t ~· T Prec ~sf Shop Owgs Review •AT P,ec asr Shop Dwgs Correction 4 i !j t J I l r•, I ,1 T ~reca j' Far a;ion ' I I l I f I •t.T ~~bllltat,~n I I I I I I 1 ~~::~nrr=:·~ .. • T ite ~tilfti~s Elatl to 1 Gala~•go •l Ti Sife1Utlli f!es G~lap~go t~ Inca I ~~ I y t Titiei'"T 0 r·' I A Retail Pads between Elatl and Galapago I I ! I Demo bll/ 1 1atlo~1 I OVER.ALL PROJECT COMPLErl ON W I I ~·1· y!R~rail lPI ads bl-F:::r::r i rrr ("" I : ,• f Girard I Cherokee Intersec t ion lmpr ove111 e111 T lat/ ,stre~t Ret•lnlnp Wall @ W•lmart I I I 1 lEla'.i Srr~et D~molttlon I I I Elati Strettt E•cavation .& Y Etati Sr,~t Util ities Relocation I Tie ·ln I J l I I I, ~ 1 I •4' Elatl Bo1 clclill ~ l11tersectJon I Subyriltltt Prt! ·~T El+J srr,••t Curb ~ Gu:,~, I I \ Jf .~lat, Street P•vinp I I . •1 T Floyd 11 :.,nue o.n:o/11/on I I·~ Floyd AventHI Subgr•dfi Prep -~~-------------------"'--·-----.....1. ___ .,__; __ _;__ I i Floyd Avenue-Sound Wall - r.tr Floyd Aven';,. P~v,nJ I I L •A __ • <=Joyd Aven ue So un~ w~11_ -'-'--'--'--'---'!-_ I I €ltX~~J1i~:~--- ----! --·::. I ___ _ • ENGLEWOOD TOWN CENTER DESIGN I CONSTRUCTION SCH E~ULE • I .... ODGMP Ul>n.t.l[ IJJ>O.t.f(PU COE CC.Nl J. . .t.C.l UPO.t.T( r .. ·r·· .. • • Galapago Street Subgrade Prep Galapar,o Curl> & Guffer Galapago Street Paving Inc• -Street ExcilVatlonl Subgrade Prep Inca-Street Curl> & Gutter 19NOV99 09DEC99 IODEC99 l&OEC99 07FE800 25FE800 28FEBOO 17MAROO Inca Street Paving 20MAROO JIMAROO Second Lift@ North Inca 03APROO OSAPROO Englewood Plrwy (blvd/parli)-Subflrade Prep 09FEBOO IBFEBOO Englewood Pfrwy (blvdlparl()-CurlJ-& Gutter -21FEBOO IOMAROO . Englewood Pfrwy (blvdiparli)-Paving I JMAROO 11MAROO NW Lot (RTD Contln,ency)-pendlng asphalt OIFEBOO 23FEBOO North Surface Parldnr, Loi Subgrade Prep 09FEBOO 15FEBOO Ncii1i, Surlace Plrilni, Lot Pwitlfl 16FEBOO 2JFEBOO LANDSCAPING ·········-·--· ... .. . . . ---···-······-··---· ................. . Willmilrl Site Landscaping Plaza I Bus Turnaround Landscaping Englewood Pltwy (blvdlparli) L-,dscaplng Galapar,o Streef Landscaping Miscellaneous Landscaping Elati Street Landscaping PARKING STRUCTURE Demolish Existing Declc / Ramp Caissons / Foundations - Modify Existing Wall PrecaSt ErectiOn ----- Toppl'n,is@ Teis____ ----- Plumbing I Electrical - Misc. Metals (stairways, railings, eic.J Paving@ Grade RTD TURN-OVER MILESTONE __ _ PIAZZA I BRIDGE Ped Bridge Foundations Ped Bridge East Abutment Structure Plazza Construction Pedestrian Bridge Erection Elevator To_, Construction 15MAROO 15MAROO 20MAROO 12APROO 24APROO 29MAYOO 18AUG99 21SEP99 D8NOV99 08DEC119 07FEBOO 01FEBOO 28FE800 28FEBOO llMAROO 08AUGll9 20AUGll9 D80CTIIII 210CT911 21DECIIII 01FE800 IIAPROO IIAPROO 21APROO 09MAYOO 2&MAYOO 23JUNOO 24SEP99 05NOV99 OJDEC99 CUFEBOO 17MAROO 17MAROO 24MAROO llMIAROO J1MAROO IIIAUGIIII 070CT911 JOOECll9 20DECIIII 14FE800 17MAROO • - .. .. . ! 1 i .... 0 • T ,?"l4pago Stree t Subg,adc: Pr ep •& 1 T Galapapo Curt> & Gutter •• G.tlap•go Street Pa11mg II . , 1 , \ •• T. Inca Street Excavar,o n I Subgrade Prep I •l T In c• Street Curb & G1Jtte1 •AT Inc a St,ee1 t P4ving •, Second Litt ~ N ort h In c a ~ Engl~w oo~ PHwy ( 1 b!vdl pa11tJ -S11bg1Jde ~,ep •i Engle w ood P*'w y (blvd pa,-..J-Cw b & Gutt~, "~ Englewood P~wy (blvd!parlt)-Pavlflg • Y NW Lot (RTD Contmgen c y)-per1d111g il~plralt ava,, •'1f No;,h 1 Surt~ce Parking L ot Subgrildt:J Prep ' l T Walmart Sire Lancls capmg : •1 Nortf su1ace j ar j lt Lor Pavi ng • • : T Plaza /eus Tumilrou"d Lilnd!> apmg ·~ ~nglewood P'4wy (b,vd p;,r~) L•nd!!>c.apmg r,A I l T Galapapo sr,et:t Lilnd!!> ;,p/og I •~ Afi~c ell.tneous L.t11ds c .. p,ng ... Elat1 Street Land!!>Cdp lng I I f I : ' T De~,ollsll Er/sting '!_eel! I Ramp I • -caissons I Foundat,ons iT j I •& ;y Alo~ify ~f/sr/~g w,a11 i J Pr-:cast Erection , 1 T Toppl~gs' T~s I T Plumt>lng I El eclrlcal •~ T IMisci Met~ls (s 1 tairways, ra/Ungs, etc) •1 T P•v(ng ~ Grade I I I = .1 RTD TURN-OVER MILESTONf , Y Ped Bri dge Foundations I l I i. 4 1 l 1 •A IT Ped B ridgfJ East Abutment Structure IA 1 1 ' 'f Pia~"',., C~nstr~ctio~ t I I I • I I 'f Sus Tum•round I Bay Construction Bus r,..,,.,ound I Bay Construction Elevator Installation - u:--, ,-._ W. t1 11 Clt u •. c, .. .-;a. iu,.,..-. Dffllt r-~ µ e c,,-... •'-•-·~ ......... _ . ,...,_._ I J I ...... ~[:.-:_;:. "] 'f ~ed~~trl•r: Brl~ge E ~ecllo,n •& ~J ~levat'!r T°iwer ~ons~ructl?n I ' ' ' ' I ENGLEWOOD TOWN CENTER -~ T_E(eva'?'..!~~~a~,~;::f_-.....,_~_;",._.,~~ -le, .... ,,.;,.\., DESIGN / CONSTRUCTION SCHEDULE I!)~~:: ~~~;:m:igf,. 1 15FEBOO IJMAROO • • - -. • • .. • • • -.. r-r - .. • • • 1 Ughtt~ Sr.lion Side ';,~tto':"'Co_P'ng 1../gltf RIJ/1 Sr.lion /Uech /Elect 11 I Ill I I • 'f ""'' Reil s,.uon ADA R•mp Sl•b!Coplng I I I I ll I lTi ·-·- Comp/el. Oemol/Uon / Sire Fill Y ~ltfl /~rclin~ ~•tions r-11 I I I I I I I ~ 9 Comp/ele IISE W•IIISubg,HelC-ter Pl•rtorm l , • • • • ... I I •• Compi.r•rVr1fi~ - ~ En od_mwy r,.111 fo j '-("'J Rnldenllal , _11 ENGLEWOOD TOWN r.FNTER DESIGN / CONSTRUCTION ... CHEDULE ', .. I I I I ., 0 3 X - • • • I' RESOLUTION NO. 3Q_ SERIES OF 1999 .. ....... • # • ~ ,,...- • • -' A RESOLUTION SUPPORTING THE ENGLEWOOD EN\ilRONMENTAL FOUNDATION'S CHOICE OF CALCON CONSTRUCTORS AS THE GENERAL CONTRACTOR FOR THE REMODEL OF THE ENGLEWOOD CMC CENTER. .. ... ~ WHEREAS , the Englewood Environmental Foundation was formed to provide support for the redevelopment and enhancement of the City's commercial environment and is a separate and distinct corporation; and WHEREAS, the City through a Certificate of Participation (COP) offering has caused $9,300,000, to be available for the remodel of the Englewood Civic Center; and WHEREAS, the Englewood City Council passed Resolution No . 74 , Series of 1999, appropriating additional funds ($2 ,000,000) for the Englewood Civic Center project, making the total funding at $11,300,000 available ; and WHEREAS, the City Council of the City of Englewood , Colorado supports the Englewood Environmental Foundation·s choice of Calcxm Constructors as the general contractor for the CityCenter Englewood remodel construction; and WHEREAS, the construction contractor shall begin demolition on July 26 , 1999; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Se<;tjpp l. The City Council of the City of Englewood, Colorado hereby supports the Englewood Environmental Foundation's choice of Calcon Constructors as the general contractor for the remod · n of the Englewood Civic Center for a guaranteed maximum price (GMP) $9,363,042, nd an estimated total project budget of $11 ,175,486. i'Jt,. ~ , S,:ctjpp 2. The Englewood City Council endorses the start of construction of CityCenter Englewood on July 26, 1999. ADOPTED AND APPROVED this 19th day of July, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. .. \. ) I • 0 J • • • .. ,,-. • ... • - COUNCIL COMMUNICATION Date Agenda Item Subject A Resolution Supporting Remodel July 19, 1999 11 Ci Construction of the Civ ic Center Initiated By Staff Source Department of Public Works/ Rick Kahm , Eng ineering Manager/ Englewood Environmental Foundation , Inc . Capital Projects Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council authorized the creation of the Englewood Environmental Foundation as a non-profit development corporation to provide support for the redevelopment and enhancement of the City's commercial environment. City Council caused , through Certificates of Participation (COP), $9 ,304,995 to be available for the remodel of the former Foley's building. Council approved Resolution No . 74 , Series of 1999, appropriating additional funds in the amount of $2 ,000,000. RECOMMENDED ACTION Staff recommends Council support, by resolution , of the Englewood Environmental Foundation's selection of Calcon Constructors as the General Contractor for the remodel construction of the Civic Center with the start of construction on or about July 26, 1999. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On October 8 , 1998, the Englewood Environmental Foundation selected Calcon Constructors from among twenty-two (22) interested contractors , to assist the Foundation and David Owen Tryba Architects with preconstruction activities . Calcon has assisted with building exploration, design , value engineering, and cost estimates. Calcon solicited bids from multiple subcontractors and arrived at a Guaranteed Maximum Price (GMP) for the remodel construction as designed by Tryba Architects . FINANCIAL IMPACT The GMP for this project is $9 ,363,042. Council considered , at the study on July 12, 1999,various add alternates for the project. The additional work totals $378,390 bringing the total construction cost to $9 ,741,432. The GMP includes a contractors contingency of $250,000. Any funds not used from this contractors contingency are returned to the Foundation . The estimated total project cost is $11,175,486 . This cost includes design services, furniture, fixtures , equipment, and an owners contingency of $317,000. As detailed in "Previous Council Action" above, the total available funding for the project is $11,304,995. UST OF ATIACHMENTS Proposed Resolution • I I· 0 - • .. , • • • •• .. .. ... 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 32 - • • • ~ ,,..-- • . \~: 7 .. ! .. , w"· .... .. • -.. .. ~ COUNCIL COMMUNICATION Date Agenda Item Subject July 19, 1999 11 C ii Arbitrator Appointment Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION ' Staff requests that Council appoint, by motion, an arbitrator to conduct hearings in the matter of the Impasse between the City of Englewood and the Englewood Police Benefit Association . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED .. Negotiations between the City and the EPBA reached impasse on July 1, 1999. According to Section 137.6 of the City Charter, Section (b) Appointment of Arbitrator, the City Council will appoint one arbitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANCIAL IMPACT Funds are budgeted in the 1999 Budget for this purpose . UST OF ATTACHMENTS Memo from City Clerk re : Impasse Resumes of potential Arbitrators A ,. ' 11 - .. . I ) ., .. I· 0 32X • • • -· • .. • -- MEMORANDUM TO: FROM: DATE: Mayor Bums and City Council Members Louaishia A Ellis, City Clerk July 8, 1999 SUBJECT: Impasse .. As required by Charter §137 :6 (a), I received two letters on July 1, 1999 indicating that the Englewood Police Benefit Association and the City of Englewood have reached an impasse on mandatory economic subjects . The letters were from Patrick B. Mooney, of Semple, Miller, Delay & Mooney, P .C ., Chief Negotiator for the City, and David J. Bruno, of Bruno, Bruno & Colin, P.C ., representing the Englewood Police Benefit Association . City Manager Sears and the Englewood Police Benefit Association have agreed on the following ttvee art>itrators : Harry N. Maclean, Esq. Harvey A Nathan , Esq. Carlton J. Snow You will be asked, at the July 19, 1999 City Council meeting, to appoint one of these three to conduct hearings and make a decision on the final offer to be implemented . cc : Gary Sears, City Manager Dan Brotzman, City Attorney '-8Cle Eaton, Human Resources Director Frank Gryglewicz, Financial Services Director Chris Olson, Director c:I Safety Services Tom VandemlN, Operations Division Chief Steve Kunst, President, Englewood Police Benefit AssociatiOf.1 ,nted en Recycled?-.~ _...._,_ -~~ .... ------..- ., ,: 0 I . 0 - • • ll:47 .. --• .. . :· .... • --.. ... r Ullr:ltllION A.5SCCA1'ICl. --PABEI. OF~ UICJl JIUZ?. 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I . 0 32X - • • .. .-------------------- • ,, • • .. aa1-. ca .. ' . CUlt=J, ._. a,:r.:t ,rofaaor ac Wi11-CC• ~wenicy CDllelf9 of Law. ~itntor, Um:i.:ldff, ..u.au,r ad iacanac ubi:n=r 11-U'73. IXperiaa iA =,aac IDll peus.a C1llld cuea. i-: klri,::uillcy, c=c.-.C: iAteQAUUGll, diacipli:le, 1zlnl:lcrdi:a:1-, :,• .....i-~. l-•· -y r ~. O'fer..iae, pu!=-ce. ~U-, n ... :1...-r, ~as:l.cy, 11:•=-• -~-. WP ~r~. iar-11: aairnrim, 1ur11ca.y claiU -E¢ .,,,,,,,,_: .Ltzl!: ... ~Ci.ll!J, c:maaU11CCiaD, edMc:at.~ (a!l leftl.111, =~ 1.c=, food ~ bavenp, WWII ,en, paper. pr4Jt./pulllittl'.,., pu.111;.c: •~or (all ar9-l pulp. c~ari-. ~ca!, _. ,1-1-bor:11 amw:a-.Jr"...:g 'llliCed nae:• vo1tal s.rr1~; mcuul ..,,_ ae..-nce ; aou• ~cadl; c:alifonia tips Sdlle&C!ca tyec.a ad oC::Cra, aefun. Clire: AirliM• ad n1pr AcradaDca. Dua. M-i.aU DMII/AIUIIU&C Dela, lc!laol of Law, 1'73-71; ,rofueo'C', Loyola Qai-..niry ldlaol of Law, U'70·'71 . Taylor ~-nni:Y -IA ll.H2l; tlll.lar 'nl*tlCff Sllli.Da:Y -NUun 111r ... :11ty (Ul51; Qll1'Nff:OC)' of lfiacai:aill • • lllHi; .nl (UHi . .... , t-el a I dt~i-• .. r:1.oaai ~ of Anic:aron (IIGUd M!lllicl ; ?UA; lled.iaU«= .... u.:ll ud &daic:aUGD h'oj.C:; ftC3; MIA ee1111:.--1ttJ.iama aace, s no. oo per uy • un, 1 .-~~-----.---------........ ----111!!11!9--- •, . . 0 I • 0 32X - • • • ,. ( ,· .. -. Ju l~1 HI 01 :Oh• Fr-SllOISH 110 CTR ADIIIN DIC\JmlE CHAMUIS I A Sall YP,ml 0..-. C-IO?Ol-1792 ......,. ,3031 -2471 July 6. 1999 Dnr Civic Lndu: .. .. ~ ,,-- • ~ ·-.. • -' .... ~ T-1&4 P DZ/05 F·IJT 51Al t Ut-LULUlV\UU • ~ l am 1111ritiq to mvi~ you to Jom me ID commcmora&iq lhrOlllb 1,olumccrism a 5P«1al day m Colorado's hi5l0ry The wcdtend ofJllly JI, 1999 is tbe 123rd lmlivmary of Colorado's adminaacc 11110 the tJnion . In commftftOrllioll. l ba"e proclauncd this day to be "Colorado Cans. A Day ro Cillf! Back ro Colorado " and am in'<lltml c1uzcns Crom across ~ swe to spend a day doing commum!} service: ICti1,1nes . A INiy passroo1s effort. Colorado Cares Day will be carried our by hundreds ofbusin~ses. churc:bcs. synaao1ucs aad other fairll-bued orpruzmons, charities, non-profits and government agencirs. Arn>5s Colorado. citizens arc orpmiing acu,,mes to spend thr day m:dting Colorado an even better i;wc. Projects range from helping the cldttly paint their homes to worlculg wnh youth on literacy 111d violmcc pnvcnuon to restoring traili in srare parb. As a leader in Color.ido . l uk that you personally ~ol1111tttr on Colorado Cares 03!' and l CJJCOW'lge you to worlc wuh olhen in mangiq OGC or more community service acu1,111i:s for your citizens u, enaqe in on Iwy 31. We wol&ld hke to li11 thew on the Colorado Cares website; please fax informanon anmrion to '"Colorado cares-at 303-866-6368. Eaclosed are a tiict sbcc1. flycn and posters to aswst you in promotin1 dus c:Acitin~ day 1f your ckpartmau bu numaous projects cbal could ~ 1,olumcers. please let us know and we will po1t WI informaaoa OQ the Colorado Cln!S Day web5ite I bopc you ""ill join us to make tlus day a huge succtss for Colorado '· ., . ' • ) I • 0 • • I oft ~ --• ' ..• ;- 1•' ·~ .. .. . . . • • ' Jwl·.lHI 01 :011111 Fr-SIIEDISH IID CTI AOIIIN T-IU P 03/05 F-IJT HONORARY PROCLAMATION Community Service and Voluntecrism Colorado Cares Day July 31, 1999 WHEaEAS, lbac is & new spirit of~ among state and local govmunent and commwuties to dnelop oppommities for volum~ SCfV\Ce; aod WHEllEAS, Colotldo's busmesscs, fa&rh-bucd and service organizaJions provilk the -.11lingness to make long-tam investnamts toward comn11.11uty service; and WHEREAS, there me thousands ofbl&sinesses, faith-based and service organizations throu~out Colondo ready and willing to lead the call for vol\lnleerism; ~ WHEREAS. a unified effort bciween aovemman and thne groups can effectively idcnufy and address viial community needs. better lbln 80\lfflllllelll alone, and WHEllEAS, the weekend of July 31. 1999 commanorares the I 23rd amu vet'SV} of when Colorado joined the Union; Now Therefore, I. Bill Oweas, Go,cmar oftbe S~ofColorado, do berd,y proclaam Jul)' 31, 1999. as COLORADO CAUS: A DA\' TO GIVE kCK TO COLORADO In die Stare of Colorado ~~\'GIVEN Wida' my band and the Eaecutive Snl oflhe Swe of Colorado, this t11rc:nty sixtb day of May, 1999 Bill Owens Governor .. 71219912 .54 P!V ,. ' ~ ., ' ' .. • ) I· C, 3 . ] • • .. ,. ----' • ), , ·~ • • ' Jul -}J-11 DI :Dh• Fr-SIIED ISH IID CTR ACIM IN T-m P 04/05 F-137 Wbat: WJaea: How: Wbere: Wby: lafo: Spoason: ~:2~ ~~"';60 ~~ <~ FACT SHEET The weekend of July 31 11 , Colorado will celebrate the 123 '0 anmversary of its admission to the Union. To commemorate this anniversary, Governor Bill Owens will Proclaim July 31" Colorado Cares : A Day 10 Give Ba,·k to Colorado . Saturday, July 31, 1999 A auly grassrootS effon, Colorado Cares Day will be earned out by hundreds of businesses, churches, synagogues and other faith-based organizations, cbanties and non-profits. Across Colorado, citizens are organizing activities to spend the day making Colorado an even better state. Projects range from helpmg the elderly paint their homes to working with youth on literacy and violence prevention to restoring rra1ls in state parks . The whole state will be participating in Colorado Cares Day . For citizen volunteers in the mctro-Dmver area, Governor Owens will host a kick-off rally at the State Capitol on July 31 11 at 8 :30 a .m. Everyone is invited. Other rallies and events may be hosted in communnies around the state - check your local newspaper the week before for details. ; To promote community service and voluntecrism among Coloradans. ; To emphasize non-go"emmental solunons to Colorado's challenges . > To encourage citizens to spend a day "giving back to Colorado." For information on volunteer acuv1t1es and projects or for more information on Colorado Cares Day. call toll free 1-888-866-0SOJ or v1s1t www.state.eo.us/coloradocarts. Also ask in your local mayor's and county commissioners' office and check your local newspaper. Governor's Commission on Community Service ' . .. I· 0 - • • .. • .. • • ' ' T-1&4 P 05/US F-HT WHAT CAN YOU DO FOR COLORADO CARES DAY? l. Volunteer in your community on July 31, 1999. 2. Sponsor a community service activity for volunteers in your area. If you have an activity please fax infonnation to 303-866- 6368 or call 303-866-0506 so we may post it on our web site for volunteers to see . ., .. ''• .. I . 0 32>< • ,. :-,, -~ .. ~ -• •. t • • ~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JULY 19 , 1999 7 :30 P.M. 1 . Call to order . '7: ?JI~ 2 . '""""'''" t?/fVt) 4-~~5 3. Pledge of Allegiance . £~ 4 . Roll Call. 7-o 5 . Minutes . a. Minutes from the Regular City Council meeting of July 6, 1999. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes .) " a. V Fire Division Chief Kieth Lockwood will be present to recognize the efforts of Lt. Kent Davies , Lt . Mike Pattarozzi , and Battalion Chief Kraig Stovall for their special programming efforts. 7. Non-Sche~uled Visitors . (Please ~~~t_~our pre~ntation to five min~~-) , • • L~ ~,()Ul,dnl1 //O'J 5 . &.-;~ -~ µ... J!(.iM.d:ftJO -1,0 ~r.-Communications, Proclamations , and Appointments . n :.,... _ I r•;t .n~ Memorandum from Bervette Williams , Chair of the Englewocd Public Library 1f ~ ·· Boan!, ,equesti,g that Couacil docta,e a ,aeaacy o, the Boa,d . 9. Public Hearing . Jt.i ~ I;) -~ a. A Public Hearing to gather input on Council Bill No . 24, amending sections of the '~[~ J'_Jtlewood Mu,lcipal Code perta1,1,g to graffttl.~ a PINN nom: If you haw a dlaablllty and nead auxlllary aids or services, please notify the City of Englewood (aos-712·2405) at INst 48 hours In advance of when services are needed. Thank you • • ' • I . 0 - • • .. .,,. . • .. • I .. • • Englewood City Council Agenda July 19, 1999 Page2 10. Consent Agenda . b . Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 43 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance amending the Englewood Municipal Code pertaining to High Occupancy Vehicle (HOV) Lanes Violations . STAFF SOURCE: Division Chief Robert Moore. Approval of Ordinances on Second Reading . . JI i. (!IP-·'!), Council Bill No. 16 , repealing Title 7-4 of the Eng lewood Municipal Code pertaining to burglary prevention . /~ii. .JI .AV ... (fl". -::,u Ill . ~riv . Council Bill No. 32, approving a Quit Claim Deed from Arapahoe County for a City Ditch gate adjacent to 3596 S . Bannock Street. Council Bill No. 37, changing Section 12-1B-10 o f the Englewood Mun ic ipal Code pertaining to fire hydrant connection. Council Bill No. 44, approving an Intergovernmental Agreement with Arapahoe County for coordinated election services . c . Resolutions and Motions. /Oc. ,· ~ -./.~ i. ii. Recommendation from the Department of Parks and Recreation to adopt a resolution approving an agreement between the City and the Society for umanity to provide art in publ ic places . STAFF SOURCE: rector of Parks and Recreation and Gary Hultberg, ager. Recommendation from the Department of Neighborhood and Business Development to adopt a resolution authorizing the application for funding assistance from the Economic Development Administration . STAFF SOURCE: Art Scibelli, Business Development Coordinator, and Darren Hollingsworth, Business Development Specialist. Recommendation from the Department of Public Works to adopt a resolution authorizing the filing of an application for DRCOG 2001-2006 Transportation Improvement Program funding . STAFF SOURCE: Ken Ross, Director of Public Works. iv. Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to approve, by motion, Technical Assistance for the Plant's Discharge Permit Renewal. Staff recommends approval of a contract with Carollo Engineers in the amount of $65,300. STAFF SOURCE: Stewart H . Fonda, Director of Utilities and Charles J. Caudill, Process Development Analyst. Please note: H you have a dlsablllty and need auxiliary aids or services, please notify the City of Englewood (303-762·2405) at leaat 48 hours In advance of when services are needed. Thank you . • • I I· 0 • .. ~ --· • t• t.ff.. / ' ··, .. • ' ._ -.. !inglewood City Council Agenda July'19, 1999 . Page 3 11 . Regular Agenda . a . Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading . ~!If() i. uif4/ii. ~4~- Council Bill No. 40, adopting the City of Englewood NonEmergency Retirement Plan Document (the Plan). Council Bill No . 45, transferring certain Mclellan Reservoir property to the Englewood Mclellan Reservoir Foundation. Council Bill No. 46, approving the first amendment to the Regional Transportation District Intergovernmental Agreement. c. Resolutions and Motions . . () 0:/:l / "7,.() . f(P1J/~I~ Recommendation from the Department of Public Works to adopt a resolution supporting the Englewood Environmenta l Foundation 's selection of CalCon Constructors as the General Contractor fo~nstruction of Englewood Civic Center . STAFF SOURC · ck Kahm, oard Member, Englewood Environmental Foundation. ii. Recommendation from the Human Resources Department to approve, by motion. the appointment of an arbitrator to conduct hearings in the matter of the impasse between the City of Engle~.nglewood Police Benefit Association . STAFF SOURCE~rector of Human Resources. 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report . a. CityCenter Englewood Update. 14. City Attorney's Report . Adjournment. PINN nola: It you haw a dlaablllty and need auxiliary aids or services, please notify the City of Englewood (30S-782-24Cl5) at leat 48 hol.-a In advance of when services are needed. Thank you. .. ... . ' I . 0 2.X - • .. ,. ,,-- • / .... :.r ... ... ) ;,t .. ·-; :u' • -~ Englewood City Council Agenda July 19, 1999 Page4 The following minutes were transmitted to City Council between 7/2/99·7/15/99 : • Englewood Firefighters Pension Board meeting of January 14, 1999 • Englewood Firefighters Pension Board telephone poll of January 21 , 1999 • Englewood Non·Emergency Pension Board meeting of April 13 , 1999 • Englewood Firefighters Pension Board meeting of April 15, 1999 • Englewood Liquor Licensing Authority meeting of May 5, 1999 • Englewood Firefighters Pension Board Special Meeting of May 13, 1999 • Englewood Liquor Licensing Telephone Poll of May 19, 1999 • Englewood Firefighters Pension Board Special Meeting of May 20, 1999 • Englewood Housing Authority meeting of May 26, 1999 • Englewood Non·Emergency Pension Board meeting of May 27, 1999 • Englewood Cultural Arts Commission meeting of June 2, 1999 • Englewood Clean, Green and Proud Commission meeting of June 8 , 1999 • Englewood Public Library Board meeting of June 8, 1999 • Englewood Parks and Recreation Commission meeting of June 10, 1999 • Englewood Firefighters Pension Board Special Meeting of June 15 , 1999 • Englewood Cultural Arts Commission meeting of June 16, 1999 • Englewood Planning and Zoning Commission meeting of June 22 . 1999 .. ... PINN nor.: N you haw a dlubllly and neacl auxlllary alcla or NrV1c:N, plNN nollty tt. City of Englewood (303-712-2405) ...... 41 hcNn In advance of whm Nl'vlcN ... l'INClecl. Thank you. • ., .. '· ... 'I I .. ) I . 0 / 3 •• ,. 0 . - 0 -. • • ... - ~ J5qG, -~ -a,.;~ ~u.er -~ /J.53</ S . ~~ --. l --• I .. I · ... '· ... - 0 • • I· -• •