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Home My WebLink About1999-08-16 (Regular) Meeting Agenda.J- • ~ ,,- • , ,- • ., Augual 11, 1• ENGLEWOOD CllY COUNCIL Regular Meeting ~ ' . ., . .. • I ', ' 0 • • • • ~ .,,--. • t-.. ,,. .. • - REGULAR CITY COUNCIL MEETING AUGUST 16, 1999 .. ... ORDINANCE # Y, 46, 47, 48, 49, 50, 51, 52, 53 RESOLUTION #A 85, 86, 87, 88, 89, 90, 91, 92, 93 (Note: CB# 47 has been pre-assigned Ord# 45) • ' • .. ' ' .. ... 0 • • 0 0 I • 0 . ] • • .. • -· • ... .... • -.. 1'.NGLIWOOD CITY COUNCll. ENGLEWOOD, AllAPAIIOE COUNTY, COLORADO Allplt 1', 1999 1. c• .. oner The regular 111111ib111 o(tlac i!qlc'wood City Council -called ID order by Mayor Bums at 7:JS p.m. 2. _...... The inwcalioll -pa by Council Member Nabbolz. 3 . Pledae .I Alle&iuu The Pledge oC Allegiancc -led by Mayor Bums. 4. IWICall Council Mcllllben Nabbolz, Grazulil. Gema, Bradshaw, Habenicht, Wagoner, Burns Ablenl: Ne,- A quonim -prelClll. S. Miautee Abo Praall: City Manager Sean City Attancy Bl'OIZIDIII Depuly City Ciak Cutlc Director Fonda. Ulilitica AllilllDl City Manager Flabcrty (a) COUNCU.. MEMBI.R 8RADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MIN1JTES or THE REGULAR MEETING or AUGUST 2, 1999. Ayes : Council Members Bradshaw, Habcnidll. Waggoocr, Grazulis, Bums Nays : Nooe Abllain: Council Members Nabbolz. Gam:U The motion carried. Mayor Bumi explained dlll Council Members Nabbolz and Gam:U abstained because they were not at the meeting of Augull 2, 1999. (a) DilectDr Siu Foadl addrcllecl Council repnliDg the 1991 Rqion VUI Opcnlioal and MaiDIAmDCC EXClCllcncc Award ID be l'CCCMCI by the Littleton/Englewood Wu&cwaler Tn:alDIClll Plant from the Enviroomclllal Prolection Agat,:y. Mr. Fonda~ ltafl' mcmbcn Damis Stowe, Joe Payne, Phil Russell, Kevin Hill. Mary Ciardncr, Cindy Goocllum. and Chris Heclis. .. I· 0 • • • Englewood City Council Augus& 16. 1999 Pagel Mayor Bums ukcd for a round of applause . ·• - Direc:IOr Fonda aid we have been notified that Region VlU bas giwo us the finl place award for their regional program and their award for excellence in enviroomenlal prouaion n:sulting from wasleWater treatment activities as wdl II to mcoungc:, in a DOD-regulatory 11181111e1', impro\'emcllll in MIICWaler IJ'Calment sysaems . This is in the ca1q111y of a large adwDced publicly owned treallDall plan&. and the award was bucd on the performance of all divisions ll the WlllcwalCr plant, be advilcd. This will qualify us to compde •ith the large. advanced plants for the llllioaal awanl and we will bear about thll lOIIIClime around Sepccrnber w Oaobcr. be said. Mr. Fonda said, al this point. Ibey jull wanlcd to Id Council know, and also thank Council for all tbe suppon given in putting the plan! together over the last ICII years . Council Member Btadshaw oommenlcd thll it is nice to hear from the EPA Wider these circumstances . Mayor Bums ukcd if the plaip bas been pRIClllcd yd. Mr. Fonda responded that is has IIOI. adding thal he feels we arc: waiting to aec bow we do OD the llllional award. Mayor Bums and Council offered their ~ons. 7. N-W.W Villton (a) Steve Wbcclchan, 433S South Lopn Succt, expressed concern regarding the contract that the City of Englewood cotaed inlo reprding the ICUlpture gardens. It really ccntcn around safety issues , he said. As we all know, the LiUlc Dly erect dninqc is primarily a floodway, althoup be bas been told over the 1asl week that it is a part, and a grccnbclt, and ICVcnl ocher things. In nolicing over the last year the amount of Oooding we have h.1d in thal area, be said. and bccalllc of the new constNction we have bad over in Cbeny Hills and near Parker. and that whole Oood plain being paved. avmuc1 being pul in 11111 waacr bciD& collected and rushed down that Linle Dly erect Drainage, it is DIIR imponanl -than ner that we .., allallioo to that small llCCtion of ground that goes clown by what is-Kinko's, formerly Pier Oac lmporls. Some oldie sculptures bavc been placed directly in the flood plain. less lhln six feet away from the borders of the cnck. Mr. Wboc1chan aid lie was c:onccmcd about it as be walked by one day, and 11111 into a group of people clown there who were crectin& diem. He said he was getting IOIIICWbal of a bollilc 1labllCm from the artisl. but not from the Cily employee. Dave Lee, who was actually quite councous. Mr. Wbeclchan aid be was concerned that the primary concern was for the an, DOI the public safety . He said be took it upon himself to look into the islUcs, and found out that FEMA was primarily involved in the crea1ion of the drainage, along with Urban Drainage and Flood Control. He said be contaclcd 11-people and found out thal no FEMA permit had been pulled, Public Worts had never been consulted in Englewood, there is no approval being given by Public Worts. there has never been approval given by Urban Drainage. In my com·crsation with the person who controls recommendations in this area, she recommended 100"/e agairut the placement of those items m thal drainage, be said. Somehow, it went through anyway . He said be feels it rcprcscnts a certain hazard to rcscucn, particularly police and fire penonnc1, who may have to go clown there in the future in the case of a I 00 year Oood, and this a'Cllla map. II is perplexing IO me, be said, with the IIWllbcr of parts and open spaces we ha"e in Englewood. why you do not place these items • lcul bipcr up OD the biB « more approprialc places, rather than dircclly in the Ooodway . Mr. Wbec1chan aid be pulled map1 from Harold Stilt's office, and that office also gave him the FEMA maps . He said be is in the proa:a now or having clear overlays made to pua over the actual plats, which was provided today by Parts and Ral:ralion. He said be will pn:scnt them, hopefully, at the next meeting for Council's review, becalm tbcrc bavc been-obvious emn made in ICrml of public safety, and that is regarding the Waler issue. Tba'C is a lDIXllld ilmc, be said. It is a ICUlpmrc called the Spring Insect down tbcrc, which, althoup be finds pretty aes!bdic:ally pleasing. it is a kinetic ICUlpmrc mounlcd on a large spring. It has a sixty inch swing. and bu two lines coming off the front that arc over ciptccn inches long. It is sculptwed in such a way . he said, that a llllall child would want to sit in the back. If one small child was in the front, and another was in the back, the energy that would be gcncraled in that would easily pierce a six year old' 1 cbclt . It is just waiting to happen. be IIIICl1Cld. Mr. Wbec1chan said be looked at the insurance policy that was pn:scDICd by the commission. and found out that, bccalllc the City took it upon themselves to place these items, aa:ording to the insurancc company, Ibey would DOI be liable if these ilCIIII were placed in such a way wbcrc the ba7.ant was because of • I • - • • . -. Englewood City Council August 16, 1999 Page 3 .. • • • p&ac,emem. I lllgal to you, be aid, that they are so close to the sidewalk. and unall children on that par1icular item, ud the odlcr items are III close to the drainage, the aag bal.ard, and also the violation of no FEMA permit. that lbcse are dlinp that have to be looked at. Council Member Biadlbaw said to have staff look into that. City Manager Sean said staff needs to give a full report. He llid be bows 111111)' of the Council members have bad questions and calls oo Ibis issue and we have colloc:livdy providod 11111 illf'Orlllllioa back to you . City Aaomey Broczman did some liability information, he said. but in terms al our rdalion to FEMA, we have not done a follow up, but we will do that. be said. (b) Jobn Smida. 383j Soulh Elali Street. expralCd his c:oncems about IIOllldhing in lhe neighborhood ofS30 millioo wortll alpropaty Fina to the Eoglewood,'McLc Reservoir Foundation . Mayor 8urDI adviml lbat be bad referTcd Mr. Smith '• meaagc to the City Auomey . Mr. Smith said he had called but they miuedeacb odlcr, IO Mr. Smith IClll the City Aaomey a FAX IOday. He said be bad a copy of it if Council wuuld like to 11CC it Council Member Bnidsbaw said llbe also referred that to lhe City Attorney . Mr. Smith said his aJIICCIDl are that the articles are set up to provide for absolutely no CIOIUrol by City Council over the Foundal.ion . He said it aeems to him that when you are dcaliag with that kind alpropaty, that a,nttol should be there. He said he bas lllgCllCtl to lhe City Council certain IDJC"ff4mc:tMI to the articles, and. granted, they are a little stricter. but they are absolutely necessary . Mr. Smith said be would like to give a little of his background that enables him to give thole suggestions. He said be has lived in Englewood since 1961 , and has practiced law since 1973 . Since about 1976, that has been primarily in the area of municipal and special district law and municipal finance , including bolltliDg. and leasing and all of thole kinds of issues. He said be feds that. although this was turned over to employees of the City, whom be ii IIIR are beyCllld rqiroach, lbeR ii DOChing to keep lhem from turning this into a for-pafit corponlioa and ldliDg that profit He opined that Council should review that decision, as well as their budpla. He added 1h11 their mecunp should be opea to lhe public. althougb that does not mean that meetings with polClllial clm:lopen or laloll or lelllCes have to be opea, and lbould DOI be, because negotiations are DOI open to the public. Also, it aeems lhll lhis Council should have control aver any amcnclmem of those articles. and any of the bylaws, lie aid. 1bolc pnMliou are kind al COlllaiDed in the bylaws, but they are DDl in the basic docwnent, lhe Ar1iclm al lncorpcnlioa. Mr. Smidl llid be also f'ecls the iDWllmenll sbould be limited to those that are legal for public emtiel in c.o1onc1o. 1bolc UMllmellll lR -bat lllricl« than lhOIC that ae COlllaiDed here, he CIODliN!od , oil welll ud llocks, for inslancc, are allowod to this rmporalion, which ae DOI allowed for the City of Englewood . Mr. Smith fdt 1h11 vacancicl oo the board of uustces should also be a,ntrolled by Council. He said he did oot believe 1h11 taking aClioa on this would raiwrc doing anything with lhe ordinanClc as it presently exiSll. The Mayor has une period of time in which to lip the deeds, ud it IICCDII that this CIOllld pn,cccd if lbcse things were takm care of before the propaty was actually conveyed, be said, allowing that be did not know what lhe time scbodules were . Mayor Burns asked City Attorney Broczman to a>IIIIIIClll. Mr. Broczman said all of the Englewood/Mclellan Reservoir Foundalioo board was prcaclll lhis C\'Clling. Slewc Rickles, who is our special counsel for lhe McLellan Foundalion, ii allO berc. but be jUll received a copy of the lll8Fllioos, 111 that would be a little unfair to ask him to comment, be said. We will get you a copy of Mr. Ric:klel' CXMDPJC!Dll, be said to Mr. Smith. We arc doing a fine balance with the IRS on this, be aid, and widl Council' 1 comrol and the independence of the board, we arc trying to make all lhOIC ima balance out. Mr. Smith llid be ii not IIIR the way the c:orporalion is llnlCIUrCd rigN now would allow it to issue tax free bonds. which prawnably you might want to do in order to CIOlllllUCI iDf'rulruclurc . Without those a,ntrols in lhe articles. Mr. Smith expressed doubt that you CIOllld do tbal Council Member Biadlbaw thanked Mr. Smida for bringing thal to Council 's anentioo . (c) Leon Piper, 2929 West Union Aveoue, said his issue was with trucks and traffic. He said he came home tonigNll 4:20 p.m. making a left turn onto Union oll'ofFcdcral, ud there were two BFI trucks, one in front of Mary CUldl's ud another in frOIII of that one. 'llwft were tbrec dearical <lOllll'aclOr'1 lnlcb making left turns, • I . • • • Englewood Cisy Council Allgllll 16, 1999 Pqe4 ··=-.-• • • • .. .. ... and two of tbaa WCR CMIIWCigbl and ovenize. There MR also two pickups pulling air amipressors or something similar, be aid. Somehow, we have to put a 11op to it, be said, and suggesled that Council hop into a van and go sec what Gieeuwood Villqc did to Monaco between Belleview and Orchard . It is a nightmare, he said, but it slows everytbiug dowo. Mr. Piper aid be Mlllld also like to see an ordinance in Englewood like the one in Denver rcpnliDa llladc llllC PN'beeics We have oae in our block thal needs to be a>ntrollcd, be said. We might as well lbolilll die Code Em 7 actioll afdie CiZy, be apiaod, and live the job IO the police, because Code Em : z will ID by wl will do IIOSbia& imlea a perma calls. We get tired af c:alling. be assened. There has boat a wllile cs lil7illl our oa die ...,. for four weeu thal bal aoz moved, and two werb ago tbere was a blue one paired abouZ --,.-ave 1117 ia 1111117 af it wl is i. aal llllMlll liDce is -pus there, be aid. He asked if we could pus a lZiDp lip cw a apood bump oa Union, or a tnffic c:irde. anysbing to slow them dowo . Tbas will also stop die cwawix lNdll, lie aid. Mr. Piper Sblabd Council for evaytlaiog Ibey bave clooe for the neighborhood down there, becalS iS ii a lGZ beaer, but is is IZill bid. He aid be Ima to be an agitator or --who c:alls all the Sime . blis M MW to do __,.bins Mayor Burm aid thal is why Council wu elcc:ted, IO take tboa: calls. He said Ibey were good issues. He asked CiZy Mampl' Sean wblft Mare on Ibis. Mr. Sean aid we have bad a aumber af ISafl' ~ and we have been WOIUII oa dais ilale, but M have 11111 ao -, olhcr lbinp tbas M have aoz boat able to MW a full review of it. We llaw is ICbedulcd for Sepfcmbcr n• to taJk abouZ Union Avenue with a number af altemalives the Public Worts Dlpm1W 11111 pus ....... be said, including die police deplrtmenS. who will be tbere ia &erms af the enfon:emens lllll dley 111ft. We allo are loaking 17 Oxford, JCea,oa and Quincy tbas nips repnling tnffic altemaZives . We will be llkiDa a look 17 lbinp like a IUUllll-.bout, OChcr routcs on Union Avenue tbas Council bas asked III to take a look 12, we have hired Ernie Ullevig to look as the numbers to see wbas kinds af lhinp c:an happen there, he said. There ii DO pafec:s aolurioa, bur thal .. been ICbeduled ID talk abouZ Ullioa and llaffic • ClpCCially OD those intersections. lie llid. Mr. Sean aid we have a full report to live to Cisy Council. and be told Mr. Piper be was welcome to .... dllll SZudy Seaioo. Mr. Piper asked why the police will be littin& 1bere, and a tnd will go by, and Ibey will noc •op it because they are doilll a traffic count Cisy Manlga' Sears said we are ..,..sinaa 1G: af-rigbs-oa Union Aveaue. He asked Division Chief Moore to a>IIIIIICIIZ. Chief' Moon said police pa-1 are our there lbous an hour-, day as die minimum for enforcemenZ and tnffic COWll Mr. Piper said dley WCR tbere for lbous lbree boun a day few four weeks. They always seemed to be dlcre as SIie ame lime, like from 5:00 IIIISil 6 : 15 a.m. and again in the aftemooa they would hit the ame limc, lbous 3 :30 to abouZ 5:00 p.m.. be llid. If Ibey Mlllld ll)Clld a half hour there, bur DOI as the same time, ao Ibey get the idea, then the pll7all is Id. Chief' Moon aid they do vary the times and Ibey try to be tbere when tbere is parer traffic flow , wllich is why Ibey are tbere in the morning and aftemooa. They are tbere also as odlcr random times, be said. Mayor Bumi aid all tbeae tbiDp will be lakca up oo Sepcember 11• as the meeting with lilafl', so Council would ClCltainly invite him to a>me 17 tblS lime, along with any of his acigbbon. a. eo-•lllcadau, Procleeadete, ud Appoiaa-11 There were 1111 comlllllDic:adou, procle!Dltions or eppointrnear, 9 . hllUe Baria1 No Public Hearing waa lCbcdulcd befOR Council. 10. C:0.-t Apa (a) • • I I . 0 -]-- EagJewood City Council Augusl 16, 1999 Pa,cS ,. • • - .. .. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (a) (I), (ii), (Ill), (iv) AND (Y) ON l'IRST READING. (i) COUNCIL BW.. NO. S2, 1Nl'RODUCED BY COUNCIL MEMBER WAGGONER A SW.. FOR AN ORDINANCE APPROVING 11IE WHOLE COST OF 11IE IMPROVEMENTS MADE W11111N PA VINO DIS11UCT NO. 38, IN 11IE CITY OF ENOLEWOOD, COLORADO; APPROVING AND CONFIRMING 11IE APPORTIONMENT OF 11IE COST TO EACH LOT OR TRACT OF LAND IN SAID DIS11UCT; ASSESSING A SHARE Of nm COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING nm MANNER FOR nm COLLEC110N AND PA YMENJ' OF 111E ASSESSMENTS . (ii) COUNCIL BILL NO. SI, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING 1Tll.E 3, CHAP'lcR 8, SECTION I, SUBSECTIONS 3. 4 AND 5. OF nm ENGLEWOOD MUNICIPAL CODE 198S. (iii) COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUJ1iORIZING 11IE ADOPTION OF AN AMENDED CITY OF ENOLEWOOD FIREFIGHl'ERS' PENSION PLAN DOCUMENT, WIDCH PROVIDES A DEFERRED RETIREMENT OPTION PLAN (DROP) BENEF1T FOR 11IE PARTICIPANTS OF nns PLAN . (iv) COUNCIL BILL NO. 50, IN11lODUCE> BY COUNCIL MEMBER WAGGONER A BIU. FOR AN ORDINANCE AMENDING 1TIU! 3, CHAP11!R 7, SECI'IONS 3, 4 ANDS, OF 111E ENGLEWOOD MUNICIPAL CODE. (v) COUNCIL BILL NO. 49, INl'RODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE A1JJ1IOIUZING 11IE ADOPJlON OF AN AMENDED CITY OF ENGLEWOOD POUCE OFFICERS' PENSION PLAN DOCUMENT, WIDCH PROVIDES A DEFERRED RETIREMENT OPTION PLAN (DROP) BENEFIT FOR 11IE PARTICIPANTS OF nns PLAN . Council Member Biadsbaw comlMDled 11111 A,eada ltans 10 (a) (iii) and (a) (v) a>IIWII DROP programs for the police and fire. Ayes : Nays : 1be mouoo c:arried. (b) AppnMI olOnliuaccl Oil 5--s Rmllilla ~ -DO ..wc-a itcm llabaliaed for approval Oil Second Reading. (Soc A,enda IICIII 11 -Regular Apnda.) (c) Preoluricw ad Moliw COUNCIL MDDU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (c) (I), (II), (II) AND (h-). (i) RESOLUTION N0.14, SERIES OF 1999 .. I· 0 • • -. Englewood City Council August 16, 1999 Pagc6 • • - .. .. A RESOLUTION AtmlORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS W11111N PA VINO DISTIUCT NO. 31 EST ABUSHING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS . (ii) A CONlllACT Wl11I AUTOCRAFTERS, INCORPORATED FOR REPAIRS TO THE CITY'S MOTORIZED HORSECAR IN TIIE AMOUtIT OF SI 1,615 .80. (iii) A eotmlACT Wl11I ELECJ1UCAL CONlllACTING SERVICES FOR EXTERIOR SITE LIGHTING ATTIIE ENGLEWOOD RECREATION~ INTHE AMOUNT OF S38,070 .00. (iv) A CONlllACT Wl11I CERTIFIED ELEVATOR COMPANY, INCORPORATED FOR INSTAU.ATION OF A VERTICAL PLATFORM LIFT AT TIIE ENGLEWOOD RECREATION CENTER IN THE AMOUNT OF sn,446.00. Votenalu: Ayes : Nays : The motion carried. 11. llqular AFlda Council Mcmbcn Nabholz, Gamtt. Bradshaw, Habenicht. Waggoner. Grazulis, Bums None (a) Approval of Onlinanca OIi Fira llcading (i) City Alllll'Dey ~ plaCllled a recommcndatioa from the City Clerk's Office to adopt a bill for ID ordinance rqanliDa lllbmillioll to a wtc of the registered elcclon of the City of Englewood a ballot question submit1cd by Chal1er initiative . Originally, he said, we recommended tbat this not move forward due to a lack of signahlreS. In going throup the case. we have found they do have enough valid signaturcs, therefore. we are n,commcnding that this move f-.nl to the ballot. Mayor Bwus asked what he meant by Mgoiag tbrough the case". Mr. Brotzman said that Council also authoril.Cd dcf'a11e of a case u to the number of valid lipabll'CI. 1bcrc are two issues regarding tbat case, he explained . This fina issue wu wllal the job duty is of the City Clerk and bow mucb of a review they are supposed to do. He reminded Couacil tbal they have his memo on this, and his position is lhat their review wu approprialc and coma. The IOCOlld piece is the proper procedure after the Clcrt notified the petitioners, and what they arc to do next . We bad originally told the petition committee lhat they should file ID objection from a registered elector, but they did not do lhal. ID m,icwing the cases rclaled to the clcfeme of the petitioners' case, it turned out their method of filing a withdrawal and rclllbmitting the IIIDICI wu the appmprialc mcthod to correct the names . They have submitted cnough names in that comdioo proc:esa to have enough valid signatures for the ballot . Couocil Member Habenicht asked why it bu to be voted on . City Attorney Brotznwl responded that it is required by Stale Stalules. It bu to come to Coullcil, you have to be able to aee the ballot question, you actually. in essence , have to vote for it unlcll you have a coaOict, he said, and it also allows you to comment upon the ballot qucstioo . Mayor Bwus asked if that wu at the time ol voting, or laler on. Mr. Brotzman said you would move it, and then have a COIIIIIICDl period . The Deputy City Cleit read the Council Bill by title : COUNCil.. BILL NO . 53, INTRODUCED BY COUNCil.. MEMBER BRADSHAW • ... I· • • • Englewoocl City Council August 16, 1999 Pqe7 • • • - .. , . A BW. l'OR AN ORDINANCE SU8MITI1NG 10 A VOTE OF 1llE REGISTERED ELEC10RS OF 1llE CITY OP ENGLEW<X>D AT 11IE NEXT SOIEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT 10 ARTia.E XV, SECTIONS 137 :2 (i) AND 138 :3 (a) OF 1llE HOME RULE CHARTER OF 11IE CTl'Y OP ENGLEW<X>D . Council Mamba' w.....-llbd wlllt happens if Ibis fails. Mr. Broczmaa said lhc motion may not fail, because you ue wcilll for ...... dley 11111 lbe correct DWDbcr of lignatura oo lhc pccitioas . Unless you have some other inlnllllioa, yaa lllauld lie Wliq b dlil, lie aid, il lbould not fail . Mr. Waggona-aid that 1CC1D1 kind of strange. Mr. 81.-llid PIii of die illililliw ,._ ia dull Council bavc ID opponunily ID CCIIIIDICm upon it, and, ...ay, ii llloM die 6ill c.ml a--. 1111l mam lbe pas pu 10 aoe lhis, lhc public can come up and aaaea • dil if dley .-ID. ad il ii publilMII • • ordimnce, whidl means it lbows up in lhc 1ep1 section or tllc -.w A •.•~ii a«-period. '111ae ia also a viewing, informalioo, DOtiQe provision that all ClOUIICil ~ -.. ID ID ....... ad dicy se laYilll that notice provision lbould apply 10 inilialivc petitions, be said . Y-wcilll • dlil dla .. -you iplC with it, mid obviously you do not all tplC. because Council 's ---dlll dley lllauld oollaS liplbnl for Ibis 10 go forward. Council Member w....-llid sally all we 11e Dying, then, ii that Ibey have enoup .,.aura to put it oo the ballot. Council Member Habellidll aid. to ftardler clarify, tbll Council's wtc is not an endonclllCIII . Mayor Bums said it ii jull lO place it -tllc balloL COUNCIL ll&Maat llaADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL aD.L NO. 51. Ayes : C.-:il Maben Nallbolz, Gama, Bradshaw, Habenicht, Waggoner. <imlllil. e- Nays: Noa TIie mcllicm c:arried. (i) A bill b • onliunce authorizing lhcvacation oftbc LittJe Dry Creek easement• the CityC.eater .....,._. w ca ri fend. ORDINANCE NO . 45, SERIES OP 1999 (COUNCll. Bll.J. NO. 47, INTRODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE AU11fORIZING 11IE VACATION OF Lrl"ll.E DRY CREEK EASEMENT AT CITYCEN'JER ENGI.EW<X>D . COUNCIL MEMBER aliDSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) ON SECOND READING. Ayes : Council Manbcrs Nabholz, Gama, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : Nooe The motion carried . (c) RaolUUOIII and Motions (i) Alliswlt City Managa Flabcrty presenlcd a moommcodation from the City Manager 's Office to adopt a raolutioo providing COIIIIIICDl on lhc Environmental Impact Statement for lhc RID Southeast Corridor. Mr. Flabcrty aid lhc raolutioo provides for lhc development oflhc lipt rail ll)'ltCm subject 10 conccms and objcc:ciou repnling apecific clcmcols to die c:itimls of Englewood, apocifically CIOIDDICDll oo lhc propoa .. I· 0 - • • • Englewood City Council August 16, 1999 Page8 '· ·• ,. ~- .. - construction of a light rail owimc:oaoa: facility at the GellCllll Iron Works site in Englewood. Mr. Flaherty reminded Council of their conoems exprcsscd to RID and its consultants during Council meetings held in JWIC, and also at a planni.og meeting held by Rm. This resolution is intended to formaliu those concerns. be said. and place them on recon:l II part of the EIS comments. Mayor Burns CIOIIIIIICmcd that there has been a fair amount of discussion about this in the last couple of days . He said be spoke to Cal Mandia, who is here tonight. the manager of RID, and also to Tom Nonon. who is the Director of the Department of Tl'llllplll1atio for the State of Colorado. These two gentlemen are primarily rapoasiblc for pracming the bond iSIIICI that are to be voted OIi in Novcmbcr with regard to the Soulheasl Corridor . II is important to emphasize that this involves more the Soulhcast Corridor rather than the Southwest Corridor. There bas been a propolll, be aid, Ill pm a repair and mainlffllDa' facility for RID can in the General Iron Worb lile or the near vicinity, and tbcrc has been IOIIIC C1011CC111 with Council about that Also, he said. we ICDCDled this raolution bccaiJlc we thoupl the ClOIDIDCIII period for the environmental impact Slalcmelll for the Soudlcalt Corridor was upon us. and it turns out 1h11 it actually begins on Friday, the 20th of August and ends on October ,•. Mayor Bums aid wc -Ibo Ill bavc -additional meetings lpOIIIOred by COOT with the neighborhood, with regard to the proposals that we have for dcvclopmcnl The City is entertaining one for a transit oricmcd dcvclopmcut at this location with a pcmiblc light rail stop. Tbolc meetings bavc not been held yet, he said. and they were suppollCd Ill bavc been prcXlllcdcd with by the Colorado Department of Transponation and Carter and Burgca. their agents. We have some cxua time on this, be aid, and we have been asked to continue this until ne"1 month III we can bavc thole meetiogs and then we can provide our comment. We definitely want to have a lltalcmcDt in the Enviromncotal Impact Statcmcot with regard to tm localion, be asscrtcd. We have been proc,ccdiDg with RID with regard to a cooperative amngcmcnt for dcvclopmcut Dana Crawford and her son. Jack. bavc bccD here with repnl to the transit oricmcd dftdopmcal. Mlidl WC are VC1Y intcrcstcd in, be said. Mr. Manclla will aJIIIIIICm, allO, bul it is impor1aat. Ille aid, to anpbasizr thal the City has a 1trong dClire to sec a devclopmcnt at this lile, but allO Ill-" with RID, 11 wc bavc 111d I YC1Y good relationship with them. We have a contnct on the CityCaucr to ~ thea with tbcir IIOp tbcrc and their parking. but we want to be sure that considcnlion of the citiuns ofEnp:wood and this Council ii tallal inlo accouat. with regard to the General Iron Works site, be said. Council Member Gama asked. if we want to participalc and gel a lilalCIDcDI in. how long it would take to draft what we need to have submitted. Assistant City Manager Flaherty said the resolution has been dnftcd. We will have 10 prepare a cover and it would probably be a matter of days. Mr. Garreu said. if we delay it tonight, you will st.ill ha,•c plcn&y of time to do tllll. He said his conccm is that he docs not want to miss it Another concern. he said. is that we lleCID to bavc mixed mcaaga from RID. He said be knows some mcn:hants OIi South Broadway on the Denver side bad a meeting with RID and they said this is where the mainlcnancc facility is going to go, referring to General Iron Works. Thal is a problem wbco they come to our Council and say they wam to negotiate something and then have mcctinp with other citizens in other communities and say that is where it is going, be said. Mr. Ganctt said he docs not know wbcthcr there ii a disjointed RID on tlllll issue, but it clearly c:auscs him to have concerns. when we bear one thing wbco they come to Englewood, and something else is going on in Denver . Mayor Burns said that is all of our cooccm. because Carter and Burgess were here in Jwic and we told them. in no WICCJtain terms, that they wc,e not listening to us. All they were talking about was the repair facility and we then initialed some further discuslions and meetings through them, but in subsequent meetings with some of the RID Ital( and with Dana Crawford, there were communicaaions from staff that were resisting our dClires and resisting hers. 111 there is a mixed meaagc there, be said. Thal ii why we bave asked for clarification on this, and Mr. Marsella will addreu this tonight, u to our desire to have a cooperative cffon, but not a one-way st.rcct . Counc:il Member Bradlbaw asked if they are being uked to poltpOnc the resolution at this time . She said her cooc:cm ii if they do not pt back to it, then they will not pt inlo the Enviroamcntal lq,act Sta1ema1t Mayor Burns said it is absolutely imperative the wc pt in the Enviromncotal Impact Statcmcnt. Council Member Habenicht said llhc would appn,ciale bearing from Mr. Mandia . • ---·----- • I • • • • Englewood City Council August 16 , 1999 Page9 . . ·• ,. .,... . - Cal Marsella, General Manager of lhe Denver Regional Transportation Disttict, told Council lhal this controversy caught him IOIIICWbat unawares, and be apologiu,d for thaa. Word came to him lhrough Ms . Crawford at a brcakfasl meeting thaa Council was a>nsidering this resolution al lllllight's meeting. He said he was not aware that a a>ntroversy existed, he said he thought good a>mmuniallioas were laking place, per his explicit directions to his staff and, through Tom Nor1oo., to the consultant, Caner and Burgess. Ms . Crawford had a>me to him. he said. about a month or two earlier and said she knew this was a candidalc sile for the mainlenance facility, but she felt it was a very good location for a lrlllllit oricatcd joint development thaa would serve the best of both worlds. and she asked ifhe was rcccpt.ive to thaa . Mr. Marsella said he rcspoodcd alfumativcly, it is in RTD 's interest. it is in Englewood's inlcral, in the ~·1 illla'Cll to ICC what we could do, and, hopefully, in lhe neighborhood 's intcrat. My directions to my statr werc to do wbalever they bad to do to incorporate these oonsiderations with the City and with the developer to make IUl'C that we cover all of lhese possibilities, he said, to end up with the very ~ development that we can al this llilc. If we can do an excdJent joint development projca like wc arc doing in Cindadla City, that ii a fedenl objective. lhal ii an Rm objective, that ii good regional policy and I cenainly want to pursue tbal. he said. I left it at Ila, aaimiDg it was going that dimction, he added . When I found out there was a a,ntroversy, he said, I immedialdy go1 on the phone and talked to City Manager Scars. and he explained that there was a lot of disaffection on bcbalf al the Council. 1bc process that bas been used. and lhe statements that ha,·e been made by, perhaps, COOT staff, the consultants. and my Slaff, presenting this as a fail aa:ompl~ without a meaningful citizen or City Council input process to look at altcmalives and to fmd out what this would ultimately look like. Mr. Marsella said he told Mr. Scars that it was not his understanding that it was an accomplished fact al this point. wc were in the development stage, and wc were looking at this as a candidale site 'l\ith others. He said he rcilelllled to Mr. Sean 1h11 be bad COlllllliUed to wort with Dana Crawford, who is inlcresled in the site for other developments, and will a>ntinuc to do so . Mr. Marsella said Mr. Scars then explained to him that Council was nol happy over the proces1 and felt ve,y much overlooked, lakcn for grated, and not involved in a fashion that they were cel1ainly deserving of, and bad every right to. We have had a extraordinary relationship between RTD and the City of Englewood since my arrival bcR, be said. We have panncred on a number of projects. we ha,•e panncn,d on Cinderella City, our llafrs have worked together in a very credible and positive way , we have supponcd all of your cffOllS to redevelop the Cinderella City site, we hosted a visit by lhe Federal Transit Adminilllalion and made IUl'C 1h11 Dquy Administrator Fernandez cune here. 1bc Mayor graciously agreed 10 boll her, and it made a great imprasion on her in terms of a real potential development, he said. As early as two weeks ago, the FT A AdminilbalOI came here, be said, and one of the thinp be was IIIOll impressed by was the redevelopment of Cinderella City, which embodies all of the joint development, transit oriented development themes he bas been pursuing u the FT A AdminilbalOI, and that is exactly the track we want to take with lhe City of Englewood and every Olhcr city we partner with. Mr. Marsella said he bas always been a firm believer thal as a rcgionaJ tnnspOf1ation provider, wc arc nol an entity in and of ourselves. You arc our dicnts and customers. he said, and I have to work with you so that wbal wc do a>mplimcnts your plans. I am also very sensitive to lhe fact that, in many areas , Englewood in particular, your potential for future devdopment is limited, he said. and that )'OU do nol have a lot of property available . Developing properties that generate a tax base, that support future City goals and invcstmcnlS, ii ve,y impol1anl to you, and I Wldentand that, be aid, and I pledge to you that wc will do everything we can to mod our uamit needs, but also incorpol1lting your needs and your desires as well . It would be terribly IITopDl if we were to come in here and simply overlay our nccdl with no a>ncem for lhe local area's requirements, both today and tomonow, he said. Mr. Marsella said he would nol let tbal happen. as far as he could handle il Again, I do nol make policy, be said, the Board does, but I don't really sec any disagreement on lhe Board. This process gO( away from me pcnonally, he allowed, and if an apology is in order, I am here to offer that to you this evening. I am aM1)' it bappcned, be said, and I will tum it around. I met with Tom Norton this afternoon, he advised, and this silllllion in Englewood was the primary topic for discussion . We mutually committed to work with the City through the environmental proces1 to incorporate your ooncems, he said. but, more importantly, I do nol want to do that in a perfunctory manner, I want to do it so when I walk out of here, we partner . arm in arm, so wc both fccl very good about lhe development wc came up with. That is my commitment to you. and again. this procea ii open for ClOIIIIIICIII through October s•, he said. Rest assural that you will be hearing more from Rm and from the consultant and 1h11 we will share with you and clilc:uss with you and listen to you about wbal your needs arc . I will ask Ms. Crawford, he said, to wort with us very closely so that wc can incorporalC her plans for development 1h11 mod with lhe City's approval and your long tam objectives. Again. if wc go1 off tlllCk Ir I • • • .. • , ... ,. .. • - ... Englewood City Council August 16, 1999 Page 10 here, I apologize, tbat wa DCYCr my illleDt, be aid, and tbat ii clelrly DOl "Mlllle I Wllll to go . I pledge 10 you my aupport to 111m that lilllllioa ll'Olllld, be aid. Council Member Nabbolz thanked Mr. Marsella. Sbe acknowledged that we got off on the wrong foot with C.ancr and 8urJe11, and tbat we have bad a wonderful partnaship with RID. You have been ve,y honest and up front with 111, lhe aid, and that ii why it took Council by surpilc. We fdt like the rug bad been pulled out from Wider us. so it ii nice to IC( bad[ OD the rigbl track and continue our partnenbip, lhe aid. Mr. Minella aid llil lfalf offered IO -out here IOlligbl IO 1ly IO make amends, but be said DO, this ii ~ aiougb that die Council Medi to bar from me direc;dy, be aid. Mayor Bumi aked Mr. Manclla to disua the working committee that still has not been scheduled. Mr. Marsella aid be apcJkc with Larry Warner today and with Tom Norton. They both told him that meetings had not been IClleduled • cmty as they would like. Mr. Mariella told them that Ibis wa a CXIIICCm thal Mayor Bums and City Mmapl" Sean bad railed. Mr. Manclla assured them that Ibey would be scheduled vel)' soon. and the follow up will llkc plac:c. He said it is likely that, the next time Ibey sit clown together with plans, he will be hen: as well 10 w what it bappcoing RID ii DOl here to happen to you, he 5IJ'esscd, it is hen: to happen with you . The best wa y 10 cmurc the IUCICell of the transit sys&em, be said, is to build it in genuine partncrship with our surrounding lllllllicipalilia, and tbat ii my commitment to you. Mayor Bumi commented that be hM bceD on Council long cnougla to know that, when be got on, the piradigm with RID -that it did happen to you, but siDcc Mr. Manclla came on board, it bas been dilfcrcnl . RID has been vc,y ooopenlM, M have ~ long and bad topller, M llaw 1l-1ed ID Waabinglon tolC(bcr, and we have done a lol rl partasiDg. • we MIii dllll to C0111inue, be aid. Tlllll -ny we MIiied to make sure lhil kind oC di_.necl did DOl Cllllliauc. Mayer Bula expmed llil ...,..:illiae ID Mr. Manella for coming tonight. COUNCll. MEMBER WAGGONER MOVED. AND IT WAI SECONDED, TO CONTINUE THE MATl'ER UNTIL THE SEPTEMBER :Z0. 1'" CITY COUNCB.. MEETING. Ayes : Council Members Nabbolz, Gam:a. Bradshaw, Habenicht, Waggoner, Gruulis, Bums Nays : Nooe Tbc molioa carried. 12 . ~ ....... (a) Mayoc's OIOKlC (i) Mayoc Bums reminded everyone or the Tent Talk next Monday night. instead of a mcdiDg, • CullliDg Part . There will be prcsemalions by the Museum oC Outdoor Arts and the David Taylor Dance 'lbealcr, • Mil • the Slaff. (ii) Mayoc Bums llalcd that the Annual City Employees' Picnic is this Friday at Cushing Park . (iii) Mayoc Bums said there wa IOIIIC lllllCrial in the Counc:il packets on the cndorrcmcnt tbrougb the Mccro Mayon' CaucUI, askilla for. -that M CUI endonc bolh the RID vote in the fall, the bond illuc, and aim the pcmor'1 lnllllpOl1llion notes or bonds. He said be would like to have a OOIIICIIIUI from Council that,• their ,epeaenlllM in the Mccro Mayors' Caucus. it ii all rigbl to go abc:ad and cndonc tbclc items. Council Member Btadlbaw aked if it -the widening of lnlcntate 2S . Mayor Bums said pan rl it ii. These ~ the two items that pai1DCr with cacb other that include that. • I· 0 J- • • Englewood City Council August 16, 1999 Page 11 .. ,. • • •• Council Member Habenicbl said lbc also illlcnded to fiDd out, under Council Mcmbcn' Choice, that we have a vucc on a similar raolution endonemml II DRCOG oa Wedllelday llipt. She said lbc bad also provided informalional mlleriala. She opiDcd tbll it is impoltam dlll we eadone bo1b., they are both moving together, we are showing a IOI of cooperalion bctwccn RID and the SC.C. 11lis corridor baa indic:akd tbll this is a nwlti-modal approach and they have IUppOl1al III in our Soudlwell Corridor, IO it is an,roprialc tbll we follow through, she said . Council Member Bradshaw said lbc bas no problem IUppOl1ing light rail, but she docs DOI want to sec twenty lanes going clown 1-25. She said lbc knows tbal is pall al the IDDlpOnaaion. but the more we continue to make people clcpcndcm oa their can, the -dcpendnM they will be, and -is the time to do some changing . Council Member Habcaicllt said lbc tbillkl 11111 is really valid. Bill Vidal, who is the new Executive Director of DRCOG, anti wllo-fR\'iclully ill Mr. Nonm'1 place as clireclOr al COOT. made a presentation to the DRCOG Doud expleinina llow die two,..._ wk ...-. anti bow many lancs and bow much movement is needed cluriDg peak periods in tlic s.a... Corridor, • dull. by pnMding both IODle additional lanes on the highway pl111 the light rail, providcl IOIDl'fhiq lillc the equiva1cat al lbineea lancs al tnffic during peak periods, SO they botb do wodt together. My UDdcnlaDdiD&, allo, lbc aid. is tblll tbcR is DOI a neoessary additional right~f-way needed in order to do the 1-al traflic by die way tbal they are going to do thlL If they MR trying to do it all with jull traffic lanes, ii would lie a he1nwpu1-. 10 it really is a multi-modal approach that has gained the IUppOlt al road people anti ..... people -tlic corridor. Mayor Bumi said limilarty, South Suta Fe baa bceD 'lriclcoed in the last few years, and that is somewhat coincidental to the fact tblll the lipa rail is ClOIIWII through. but we do, indeed, have a multi-modal aspect to all of theae projcctl. TbcR is -sal CIIIIIZIII itl the SoudPeul Corri*lr, be said, tllll if one of these proposals passes. and the Olhcr -does not, wlldber either-al them would lie helilL He said lhll. even though we arc great IUppOl1Cn al ligk rail, it ii DOI die__, to all al )'GW pniblela. llld be fell tlic multi-modal approach is best. and be lepcaled tbal be -jull asking for their-tllll he caa 111ppo11 theae mcasun:s . Council Member Habenicht said her heart is exactly with Council Member Bradshaw, but lhc feels we need to IUppOlt botb. Mayor Bwns said you can DOI solve this problem with lanes . You can DOI comply with federal clean air regulations if you add nothing but more traffic lanes. Council Member Bradshaw said when you memion Governor Owens, that means lanel. Mayor Bums said that is bis prefereacc. Ms. Bradshaw said that is why she commmtcd on that . Council Member Habenicht ukcd, since she and Mayor Bums will both be vOling on these things. if we have a COIISCIISIII to vucc in favor of thole endorsements. Council Member Gama ubd far c:larificalion whether Council would be vOling or Mayor BW111 and Ms . Habenicht would lie voting. Mayor BWlll aid we can vote for it as your rcpRIICIUl.ive even without coming back to Council, but several of the Mayors, wbcn they took tbia out far appvval, aid they would like to take it to their councils and just ask them, as it will give it -weight. Litddoo '1 Mayor, Pat Croncubcrger, said we would like to have the whole council review it and ask for a COIIICDIUI, 111 they asked for a little tDOR: time. When they first sent it out, they had it on a fast tum around. they waoled everyone to jllll uy yes or no. A nwnber of cities asked to take it to their councils for review to -wbcdlcr they c:oulcl obcain a COIIICIIIIII, IO that is why we are doing this. By the end of the week or so, they hope to have the respC>IIICI from all the cities, be said, and the Mayors. Caucus itaclf VUCCI by CODICnAIS, IO thal is why they did that. Council Member Gama said his repeaentatives may vote their conscienoc . Council Member Waggoner said they c:oulcl vote for him. • I • 0 •• • . -. Englewood City Council August 16, 1999 Pqc 12 . --. • • - .. .. (iv) Mayor Buru said die Englewood Herald bad quite an article OD a genalcmaa named Jose Medim who, • 104 years of age, -nudod die Fradl Legion of Honor, and be actually is a raidcnl of Englewood. Mayor Buru said be lalkcd to Public IDformalioD Officer Puncerelli about this, and lbc is lalking to his family about anaogiDg a lime for him IO come and be booored by the City Council for this lalbcr IIIUCJIC award. Council Member Bradshaw said Ibey ll'C a pbcDomcnal family, lbc bas talked to the cbildrm and the pandchildren and Ibey ll'C wonderful . (v) Mayor 8111111 said be bad a columo to pass OD to City Manager Sears from lhe Denver Poll~ collllllllist, Robert Schwab, about bow be is swting to stroll down Broadway from one end 10 lhe olher and be is fasciDaled wilb Broadway. E~ week be is going IO have aoolber secuon and be is coming toward EDglewood. IO Mayor Buru felt be should know aboul the South Broadway Action Plan. We could possibly gel mme very nice publicity, be aid, for the City with regard to that particular plan. (b) Council Members' Choice (i) Council Member Garrett said he saw in the packet a few weeks ago there was going 10 be discussion on Oxford and 111111e of the traffic issues, and City Manager Sears mentioned ii earlier. Mr. Garrett IUggesled DOt only looking It Oxford. bul also Kenyon and Quincy, because you could do something on one SIRlCI that is going to impact the othcn, IO we have IO look at it u a whole so it works together. Council Member w.,._-aid you almost have to look It the ComprcbcmM Traffic Plan. City Manager Sears said we 1ft going to take a look al thole four lites, alODg with UniCIII. We bad put off doing the full city-wide lnDlpOltlliOD plan. be actnowlcdpd. bcaDlc of the CiDdcrclla Cily project. imtil lal« this year. He said it would be bat to do it comprebcmivcly, bul Council and llalf .-e Wider a lot of pr-.: to focus in OD some of those llreets, IO that is what we ll'C going to do that nigbt. (ii) Council Mmlbcr Bradsbaw : l . She said Mr. WbeclebaD bad called her also about the iaa OD Litdc Dly Creek. She said 1bc went down there and looked and there ll'C some of those thll she would really question the location. She said wc need 10 look rally cardially at those. Regarding lhe austaccan that is down lhere, it is cute, but lbc said she docs not know bow to clcal with that, wllcss we put something solid inside it to stop the movement. It is prc:tty sharp, she agreed . As far as 1111111, wbeD thll water raicbes a certain point, and wc ll'C dealing with a 100 year flood, there are Safeway baskcU down lherc and all kinds of stuft: anythiDg can ba:omc a snag. She said we DCCd to just be careful and ask llafJ IO look into that . She said she finds it interesting. art bas to be a matter of opinion. from some of the things she bas -down there. 2. She thanked Chris OI.-and Code Eofon:cmcot for being so responsive to 10me of the different addresses that * bu turned in. She aid * really appecialel that. 3. She aid lbc let her claa IO early the Digbt tb&.')' bad NalioDal Nigbl Out. IO lbc got to the place over in lhe 4100 block OD South DclnaR, IO lbc got to al least ODC group and allO to ODC group in her neighborhood . 4. Sbe said lbc bad a meeling lall week with Dana Crawford. City Manager Scars. Director Simpson and Assistalll City Manager Flaberty, to do -braillllonDiDg OD what to do with the RTD issue, and here it is already taken care of. She said Slaff' did a p,od job. Sbe said lbc will be meeting with KatblccD MacKcm.ic, the new rqxacotalivc from Denver. They plan to have IIIIICII DCXl week to talk about pollibly a joint venture down lhere in that area, maybe half the maintenance facility in Englewood and half in Denver, or• least take a look It that, because she, too, is ~ CODCelllcd about the light !Iii corridor and bow the c:baractcr bu cbangcd . ., I • 0 - • • -. Englewood City Council Aug\15116 , 1999 Page 13 .. .. (iii) Council Member Grazulis : ·• ~ ---. 0 .. e -.. I . She said llhc went to ICYcral plbcrings for Naliooal Night Out and has just lists of dlings that people spoke to her about. She said llhc will give a few at each meeting. She said it was brougbl up al her own block party thal there is the c:oocre1e blnicr there bdwecn Lina>ln and Broadway, between the busiDcs&cs. and the manhole aJVer is linking quite lignific:antly . TIie lady who mmioocd it said the last time they tried to fix it there was a big sink hole aa tbcrc and tbcrc -aodliDg bolding up tbc pipe. it was all bare around it and they were just going to pour ClOIICRlc over it, lbc said. TIie lady is afraid tbal was going to bappco again. 2 . Anodler lady brougbl up the boom boKcs, Ms. Grazulis said, and she told her, if ii is in a moving car, what the lcgislalioa is OD tbaL Wbca the car is parked. and it is only used as a radio, she asked if there is anything that can be done about tbal. 3. Ms. Grazulis said tbcrc were mme lhinp brougbl up ab.Jut codes for home additions, especially electrical , the consistcocy of the code officlCn tbal come out to look over the electrical. One person will get out their measuring stick and another one will jult walk by and say it is fine, she said One lady said it has cost her lots of money, and when she thought that her prQjcd was done, somebody else came in and said no, you have to rip it out . So, she said, there is a concern over consistcocy within thal area. She is going to get back with me regarding names in thal area, Ms . Grazulis stalal. City Manager Scars said we rcally only have one electrical inspector. Ms . Grazulis said there were two people that came out. Mr. Scars said tbcrc may have been a mec:1-ical inspeaor and otba's. 4. She said the Wcslem Welcome Week Parade is going to be Aug115121• and there will be a lot of Englewood people in that also . S. They arc going to have another Depot garage sale and Ms. Grazulis aid lbc is going to be in charge of that, 10 if anybody has anything for sale, especially old items, she would be &lad to pick them up . She said she has Sepccmber 10, 11 and 12 as the dar.el for this in her daytimer, tu llhc has a conftid, IO llhc will have to get back to C'.ouncil with the dales. 6 . Regarding the traffic alignment on Tufts, C'.ouncil Member said it was not nccmarily the green arrow she was looking at, but perhaps more of a sign with a Sllllight am,w and a lW1l Now widl ICbool lllarting again, everybody goes through then: to take their cbildn:n to Sinclair, since that is a light, they all btad across the 5lreel there. She said tbal is a place where there is a lot of delay, just because nobody knows, when they take their left, which lane they should be in. So you have people going lilrllight in both lanes and pcoplc taking a left or a right in both lanes, and that can be lwardous, she said It is not nccessarily the green arrow, since the study did DOI wanan& that, but just 11>me type of realignment perhaps. She allowed that llhc did DOI know if it would be possible . (iv) Council Member Waggoner asked, on the memo Council received from City Attorney Brotzman regarding the Board of Adjustment and Appeals appointments, if it is only that board that has a conflict . City Attorney Brotzman said yes, IO if you appoint someone to this board, they can DOI be on any other board. All other boards arc clear. Mr. Waggoner asked if even the Planning a11d .ZOning Conunission was clear. since ii says about the same thing. Mr. Brotzman said that is a little bit different, and there was actually a previous opinion on the Planning and Zoning Commisaioo tbal you could be on multiple boards. This must not have been in writing, but there was previous opinion, and the person that was pulled off was Carl Welker, he was pulled off of other boards when be cbole the Board of Adjustment and Appeals. Mr. Waggoner said then we arc all right eKcept for the Board of Adjustmeot and Appeala. Council Member Grazulis asked if the lady who was appointed to all of those bas made a choice . City Attorney Brotzman said, with C'.ouncil' s COIIICllt, they would talk to her and see which one llhc wants to be OD . • I • 0 • • • Englewood City Council August 16, 1999 Page 14 1· :4• (v) Council Member Habenicht : .. ~ ,,,-. • ,c. • -' I . She aid we: gave the Mayor our consclll to vocc al the Metro Mayors' Caucus. Mayor Bums said consent wu giwn for Ms . Habenicht to VOie al DRCOG also. 2. She distributed her CML report. 3. She aid lbe eajoycd National Nigllt Out. She aid lbe made it to five places and she was really swprised dlll lbe ll1tDdl!MX' w biper tbu it bu been before . People were roding rca1ly good about the commwlity, she aid. Mayor Bums aid be wcat to five tbal oipa, and one thing he ran into again was the problem of housing. As familiel lfCIW in Eaglewood, 111d they have -c:hildreo in the ICbool district, how do they improve their house . He aid be lllbd to lbem about the Rehab Lau Prognm. Council Member Bradshaw med who is oo the School.City Joint Committee. She med if the Englewood Schools Foundation am own property. 'I1llt migllt be IIIOlhcr •11y to look al supplying tcmponry housing for some people, lbe said. Mayor Bums opined that it would be good to have 1111 educational proclCIII through the schools tbcmsclvcs and to the ...-.. because that is where you pt dlis question coostandy about not nmiog to leave. and the family is getting bigcr. He said a lady be wu llllang to, who was bolting one oCthe parties. said they bad talked about redoing the prqe 111d then ..,tiDg die car in from, they woe trying every way ill the -W 10 expand their house so they could 11ay in Englewood, bccalS they kM: the ICbool dillrict and the city Ibey-ia Md lbc block they arc on. they know everybody . It is a claaic pniblcm. MIil to do about housing. be llicl. City Manager Scan aid Ibey -ll!ppOlc:d 10 be ICClillg • ~ 1k DCW SupcrilllCadcal oC Schools . He said he would find out about iL Ms. Bmdlbaw aid it would be good IO offer ... IC#ioeal program for principals, so they arc aware oCthe propams lllll we: have, because wc arc doing a Joi oC things. but ao -is lelling the people . ••••• Mayor Bums aid be aamdc:d lbc Safely Scrvm amal awards dima ... T'bundlly, which wu a Joi of fun . 1bcre arc great people in the Safely Servica Depu,mc-. be aid. 111c next Digllt. be aid, a lady got caught in the elevator of his building wilh her llllall -and wu riogiDa the alarm oo the inside. It was about 10:00 p .m. and by the time be got out theR, the fire pe,DIDCI were already there and already bad lbem out of the dcvator. He said he could not believe how fall Ibey l'ClpOlldc:d to lhll. ••••• Council Member Habenicht com!DCldod tbat. al the T• Talk oo lbc 23•, wc are also boooring and thanking all of our voluntecrl for boanla and commillioos Mayor Burm aid Ille CVCIII would be from 6 :00 to 8:00 p.m. 13 . City Maaqer'1 lleport (a) City Manqr:r Scan aid there will be a Tri-Cities amiog OD lbc 2,. in the morning. (b) City Manqr:r Scan aid wc bad, allo, a pan oC raollllion, put togctbcr a lcacr to Ahmad Fazcl repnlioa the Rqional TIWpOl1alioo Diltrict. ID lip& oC tbia cvcoing's CO!DOJCDII, be med if it would be best that we bold off lellding bis ICIII« to RTD . ' . ., I· 0 • • Englewood City Council August 16, 1999 Page 15 t· .. ,. • • .. • •• .. Mayor Bumi said be 1WOUld be iD fawr of IClldiq die leu« and advising lhal we have ClOlltiDucd tbis IIIIIICr IO lhal we C:U WM1 .... fOWlld a CIOIIIIDOII IOlllbOIL la mild remiDd diem again of all die iDpla and plaaaing -have doac ilr dlit •. CGUIICil Member Habellidll aid * walld 1illc ilr die lcUcr to express our gratitude for Mr . Manclla a,ming. and ......__oldie dliap lie aid .. -per1illall to Ill. City Ma-., Scan ..... if COUKil • die Mayor sbould lip die lcUcr, or if it should be under his llignallR. CGUIICil Member w...-aid ..... ., "c-cil ... ulled ... ". Council Member Bradshaw said. thinks lhal we llaw ldul:tace to lillla by-,..ae doMI tberc, aad lbe feels it is importaDl to Ill)' it every way we can . Mayor Bunl aid lie lallled to City Maapr Scan llboul this and be thought Ill least the Mayor sboulcl sign. or maybe die wllole Colac:il. bul die wllole Council may be a little bit much right now since we continued tbii;. but w1u11cw:r you walld like la do. C.ouncil Member Bradshaw aid okay, but the let1a' should go down thcR . Mr. Sean llid bow --die Mayor aad Manataer, aad ii -1d go to Cal Marsella. Council agreed. (c) City Ma-., Scan aid wc did have a meeting earlier this evcniDg aad there are ccnain things dill are IDUII OD al die lite oldie CityC.ealer *"'lopmcat. One is iD die signed don•mra«s lhal we have with Wal- Mart. 11111 die cloliDg ripl aow ii lealaliwly Id up for September I~. 1bal is die dale we are all sbooling for and evcrytbiDg looks like wc mild be able to meet tbll time hmc, be said. Secondly, we have signed. • of this CYcning. die c:oatnct for Saundcn CClllllrUctioa Company and with Skip Miller IO lhal die SIS million worth of impnMmellll will CXllllilluc OD lite. '111c agreement apells out tbal Saundcn' c:oatnct can be assignable to the City if there is IOIIIC c:bmlF in die fubR, be aid, but al this point iD time die c:oatnct is signed and we do proceed with a guanmeed DOt to ClKieed price. TIie Calcoo Comlruc:lion ..,_a -liped • Friday by EEF and Calcon, and work is moving rip( ..a mt die Foley's Rlllneiopmllnl, IO thole three al'CII are ~ be said. (d) City Ma-., Scan adviad tbal tonipl there was pnJpOIICd by die City a revision to die Master Devclopmeat ~ il-a black-liaed copy . Buica11J, • 3.6, be aid, ii CIIICllds die time for Millcr/WciDpnllll to...-a plaa t.:ll to die City, in conjuactioo with ForCll City, from Augusa 31 • to Scpcember ~ tlrilla aolller ,_..a cXlelllioD la October IS, 1999. Anotber key dcmcnt is in Seclioa 4.1, there is a diltllaia llboul liquidllld...... TIie City c:unenlly bas a liquidaled claaapl mat through RTD for work to be complclal OD die llilc aad die City will be IWming. through this lgRlClllall. a third of any .. yablc amount to RTD , be said. It is die nnammda«ion oldie aaomey and staff, to keep us OD IChedulc and move the project ahead, dlll the Council qnc to die pnJpOIICd change• given to you this evening OD the Master Development agreanem. COUNCB. MEMBER BllADSIIAW MOVED, AND IT WAS SECONDED, TO DIRECT 111E ENGLIWOOD ENVIRONMENTAL FOUNDATION TO SIGN 1111: MASTER DEVELOPMENT AGREEMENT. Ayes : Nays : Tbe motion carried. Council Members Nabbolz, Gam:a, Bradshaw, Waggooer, OIUUlil, Bwu Council Member Habenichl Council Member Habellichl explained her nay vote . Sbe aid it is bued primarily on tbal we already agreed to a master developer agreement and lbe jUlt wallll to mike a strong llalemeal tbal we need to be moving quickly, and she just does DOt see why we have to have aDOtber delay. 14. City Attoney'111.eport (a) City Altome)' Brotzman aid be bas one item rdative to die illitiative petition tblll was passed. Tbe aaomey for the petitioocn, be advilCd, the plainlilfs in dlll cw, have IClll III a ltipulatioa to dismiss the case with each side paying COIII . He requested a motion to sign tbal slipulation. , . I· 0 . J- -. Englewood City CouDcil Allgllll 16, 1999 Papl6 ~" ..... • .. • . , .. ... COUNCll. NDOUI IIUJIIIIAW MOVED, AND rr WAS SECONDED. TO DlllECT 'I'll& CITY A'ITOIINEY TO SIGN A 1111'ULATION TO DISMISS 'I'll& nunGBnll lNl11A11VE CASE, Wl11I IACB SIDS PA YING COSTL Ayes: CouDcil Membcn Nabbolz, Glrrdt, Bnidsbaw, ~ Wagoner, CJIUlllil, llurlll Noa (b) City Mllnly ...._ llid lie wil lie llkil!l a vacadml, ID, a die S Cl*lllbcr 7, 1999 Council ....... ~ Cily Aaoney leid lrill lie lakiDa Ilia place . ••••• Caadl Mlalllr w...-aid, ftllllUlldleonlia-. lOllipl dill we liad ca die~ sail, be DOliced one place ill dlllle wllcn CityCcllllr W • ll*Z iD ii. He aid we mould be RIii canful wllal we mrt writing ordinlnccs. CouDcil Manber Bladsbaw aid lbe lboupt ii was "lie", 11111 "ta". Director Simpaa ltlled 1hat CityCcotcr ended witb "ta". • •••• 15. Adjoanamt MAYOR •UllNS MOVED TO ADJOIJllN. TIie meeling was~ a 1:50 p.m. ... .. • ' .. I . 0 32 --------:---------------. .. ]--- • • <' •· .. ,. ,,-. • • • .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , AUGUST 16 , 1999 7 :30 P.M. 1. Call to order . 7: 35 p,rn 2 . 3. 4 . Invocation. ;{)~ Pledge of Allegiance. £tuvno Roll Call. .. ... 0 Y./t;f oir':."'" ~0-. -~~ · ~-~ a . Minutes from the Regular City Council meeting of August 2 , 1999 . 6' ~\W> . (~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) 7 . 8 . 9. Srtt Forda.._ Va. 0.Ar.is Stowe, Littleton/Englewood Wastewater Treatment Plant Manager, will be present to address Council regarding the 1998 Region VIII Operations and Maintenance Excellence Award the Plant received from the Environmental Protection Agency . Non-Scheduled Visitors. (Please limit you'Alresentation to five minute$.) -1'.: -L_ St-e.ve. luh~e./eJ,a.f}-Se,a/~(;.ard~n ledlMpQ.r, tNo<.5 OrJ Johfl 5mi"l-h-tnq.f/YkJ:e.//411 f<eservot"r Fourdo.f/on IJJ~st ltAJ1eAJ five. . Communications, Pr~lamations, and Appointments . / Public Hearing. (None scheduled) P ..... note: If you have a dlaablllty and need auxlllary aids or urvtc:es, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when aervtc:ea are needed. Thank you . • • ', • I • 0 • • • ~ ...-. • .. • • .. Englewood City Council Agenda August 16, 1999 Page 2 10. Consent Agenda . a . Approval of Ordinances on First Reading. ~~i. ·., et .. JV COUNCIL BILL NO. 52 -Recommendation from the Department of Publ ic Works to adopt a bill for an ordinance establishing assessments for the construction of Paving District No . 38 . STAFF SOURCE: Ken Ross , Director of Public Works. I j1I, 1 1 t 1()0--' ~,O ii. COUNCIL BILL NO. 51 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending T itle 3-8-1 of the Englewood Municipal Code pertaining to the Firefighters Pension Plan . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iii. COUNCIL BILL NO. 48 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance adopting the City of Englewood Firefighters Pension Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iv. COUNCIL BILL NO . 50 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending T itle 3-7-3 and 3-7-4 of the Englewood Municipal Code pertaining to the Police Officers Pens ion Plan. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. v . COUNCIL BILL NO. 49 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance adopting the City of Englewood Police Officers Pension Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. b . Approval of Ordinances on Second Reading . J2f c . Resolutions and Motions . "I ~-~ i. Recommendation from the Department of Public Works to adopt a resolution ~ tpCJfr.:.J authorizing notification of assessments to property owners with in Paving :J#l ·. ·1 ~ fV o • .fi1 District No. 38 and setting a Public Hearing on September 7, 1999 to gather /1 1"'_·: ji II 'f\J""" citizen input on these assessments. STAFF SOURCE: Ken Ross, Director ,oe..l, I of Public Works. - ~,O ii. Recommendation from the Department of Public Works to approve , by motion, a contract for repairs to the City's motorized horsecar. Staff recommends awarding a contract to AutoCrafters , Inc., in the amount of $11 ,615 .80. STAFF SOURCE: Ken Ross, Director of Public Works . PINN note: If you have a disability and need auxiliary aids or services, pleese notify the City of Englewood (303--762-2405) at least 48 hours In advance of when services are needed. Thank you. • ' ~ 0 I • 0 .]- ( • • .. -• .. • · ... -.. ... ,!:!"lglewood City Council Agenda August 16, 1999 Page3 ii i. Recommendation from the Department of Parks and Recreation to approve , by motion , a contract for exterior Site Lighting at the Englewood Recreation Center . Staff recommends awarding the bid to the low bidder. Electrical Contracting Services , in the amount of 538 ,070 .00 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Ken Ross, Director of Public Works. iv. Recommendation from the Department of Parks and Recreation to approve , by motion, a contract for installation of a vertical platform lift at the Englewood Recreation Center. Staff recommends awarding the bid to the sole bidder, Certified Elevator Company, Inc ., in the amount of $57,446 .00 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Ken Rosa, Director of Public Works. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. ~~ ~o COUNCIL BILL NO. 53 -Recommendation from the City Clerk 's Office to adopt a bill for an ordinance regarding submission to a vote of the registered electors of the City of Englewood a ballot question submitted by Charter Initiative . STAFF SOURCE: Loucrlshia A. Ellis, City Clerk and Dan Brotzman, City Attorney. ~ Approval of Ordinances on Second Reading . i,J~<t~i. Council Bill No. 47, approving the vacation of the Little Dry Creek easement 1' at the CityCenter Development. C. Resolutions and Motions. ~ ,.)~~, ~,; ~,q~ Recommendation from the City Manager's Office to adopt a resolution providing comment on the Environmental Impact Statement for the RTD Southeast Corridor. STAFF SOURCE: Michael Flaherty, Assistant City Manager. 12. General Discussion . a . Mayor's Choice . b. Council Members' Choice. 13 . City Manager's Report. a. CityCenter Englewood Update . ....__ ........... EEFIOalp ........ o.,.,, .. ~. ---.. , (Nay. HINIIIIIN) A PINN nota: If you have a dlNblllly and l'INcl auxiliary aids or urvtces, pleaN nollfy the City of Englewood (303-762-2405) at INat 41 holn In advance of when NrV1ces .,. needed. Thank you. • '· .. .. I • 0 32 . ]- • l • • r .. ,. ... • -.. Englewood City Council Agenda August 16 , 1999 Page 4 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council between 7/30/99-8/12/99 : • Englewood Clean, Green and Proud Commission meeting of July 13, 1999 • Englewood Parks and Recreation Commission meeting of July 8 , 1999 • Englewood Cultural Arts Commission meting of July 7, 1999 • Englewood Planning and Zoning Commission meeting of July 20 , 1999 • Englewood Public Library Board meeting of July 13, 1999 ... .. ... PINN not9: If you haw a dlNblllly md nNd ...-Y alda or wvlc:N, plNN nollfy the City of Englewood (303-762-2405) at 1Nat 48 hcus In....,._ of when NrVlcH .. l'INded. Tlwlk you. ... • I I . 0 32X ----------------------------.. ,---------------------~~-- :] • • I. Call to Order ,. • • • ' ENGLEWOOD Cl'IY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 2, 1999 .. The n:gular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :35 p.m. 2. lavoca&ioll The invocation was given by Mayor Bums. 3. Pled&e of Allqiaace The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: Council Members Grazulis, Bradshaw, Habenichl, Waggoner. Bums Council Members Nabholz, Garren A quorum was present Mayor Bums commellled that we have one Council member out ofto~n and one not feeling so well . So. be DOied, we have wbal we call a bare quorum here this evening and to pass any of our measures we have to vote unanimously . S. Minuca Also present : City Manager Scars City Attorney Brotzman City C1ert Ellis Engineering Special Projects Coordinator Hendcrsoll Public Works Senior Planner Stitt. Neighborhood and Business Development Dilector Simpson. Neighborhood and Business De\•elopment (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 19, 1999, Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays: None Absent: Council Members Nabholz, Garrett Motion carried. 6. Scbeduled Viliton (a) Englewood Parade Association Chair Colleen Bw-ke was present to discuss funding for the 1999 Englewood Holiday Parade . Ms. Burke advised lhal she is President of this year's Englewood Parade Association and she introduced Owen Beaver and noted be is CO<hairing the parade this year. She commented that this is their second year of helping with the parade . Ms. Bwte said that Council should have received a letter in their packets • I I • 0 - • • • Englewood City Council August 2. 1999 Page 2 • • -.. from Mary Dmmay, the Englewood Parade Association Treasurer. thanking Cow1 cil fo r the ir past su ppo n . Ms. Bwke said that besides the financial suppon she would also like to thank the City fo r al lowrng sc ., er.J.l of t11e employees to be on their comminccs ... Bob Spada. Leigh Ann Hofl11ines and Paulcna Pw1c.rcll1. She noted tha1 beside the fact tha1 they are n:ally neat people, they arc sa"ing 111cm so much tm1e because they know who's who and how to get things done. Ms. Burke said she appreciates tliat and she and 1'.lr. Beaver are trying to be real conscientious to not abuse their help . because t11ey know !11cy have ano t11er job todo. Ms . BW'ke thanked COWlCil Member Habenicht for her creative talents this year and noted she came u p with the theme for this year's parade ... "Everything Old is New Again.• Ms. Burke explained that it encompasses eve~thing from the revitali7.atioo of Cinderella Cit)· to the CityCenter to t11e resurgence o f swing music and bell bottoms and the Volkswagen bug. She opined that tllis is going to be a reall y fun theme for doing noats and she is trying to get a broader spectrum of the businesses invoh cd this year 10 d o noats for us. Ms . BW'ke staled they were present to ask Cowicil for their continued suppon and to thank them again for not allowing this parade to fade. She said she thinks this parade is a very positive statement for the C ity . with a lot of the stuff thal's going on, she feels that it speaks very well for the City. She said she and 1'.lr. Beaver are going to wort really hard to make this a parade that you can be very proud of. She commented that she thinks anything that makes you feel like a kid again is a real good thing. Mr. Beaver commented that one of the things he and l\ts . Burke noticed was that people "ould know abo u1 the parade, but it is kind of like it happened lasl week . So tJlis year Ms. Burke has talked to several peo ple and they are trying to get out to more businesses that want to be involved. He said tha1 is one of the problems they have had in the past. that whal t1ley need to do is get tllis ou1 to the people and have them put it on their calendars. llley know everybody is busy and before they know ii the time is past. Hopefully, he said, they can avoid that and it is amazing how many people really do look forward to !11e parade. It 1s one of those things that has been there for a long time and he fell he should Slcp forward and do something for his community. He said they are both surprised. in some wa)s. bow much people really want to be involved in tJlis. So, he noted, every time you bear something negative they always have somebody that is live, ten, fifteen times on the positive side. Mr. Beaver DOll:d they arc trying to wort "ith the business people downtown. that he and Ms . Burke will walk the suecu. pretty soon. on both sides. and ask who is for it, who is against it, bow can we ncgaae some of the problems. For instance laSI year someone was having classes, did not realiz.e the parade was happening so they had to work "ilh them So. he said. they are trying to make sure everybody is saying the ball game is on the 6• of November and here is what is going to happen. So hopefully they can get all those things ironed out. Mayor Burns asked if they have a budget set for the parade. Ms. Burke advised that laSI year the parade ran around $4,000 and they are looking at a linle bit more this year, because they would like to increase money for the bands. TIiey would like to pay them to panicipate. Another thing, she said. is that we have lost all of our bagpipe bands and they would like to bring them back. She noted we did not have any last year and she feels that is a vety integral pan of a parade . Ms. Burke 5lalCd she would like to be able to offer the same thing that other parades offer. Mr. Beaver advised that he personally talked to a couple band directors and asked if they wanted a trophy or if they wanted money and right away it was money . Because, he noted, for some of the smaller bands that would go to help pay for transportation or just their outlay costs. 1ne bigger schools already have transponation, but we are trying to make sure we can get some smaller schools in here because there are not a whole lot of parades tha1 bands can march in and that is what marching bands are for, besides football games and stuff. So instead of a trophy we hope to give that money back to them Mr. Beaver said they found out, when they went to get the traveling trophy, that it travels right to a closet He said that is okay for that one. but everybody can use money and !1131 is !11e one different thing they will do tJlis year . • I • 0 • • Englewood City Council August 2, 1999 Page J . . • . . • - Mayor Bums stated we are very pleased we are having the par:ide. we did not want it to stop . Witl1 the new center coming on it will be a grc:u thing to have. Mr . Beaver agreed and noted that they really want to end up there next year, that is their goal . Mayor Bums said absolutely . Mayor Bums offered appreciation, on behalf of Council. for all the work they are doing on this terrific project. Ms. Burke said DO problem, they love il 7 . Noa-1ebeduled Viliton (a) Mary Benson. 1109 South Cla)1on, advised that she received some more information about the concn:te work around the Skerrill house and she also had pictures . She offered the pictures to Council for their review . She asked if all of Council has been through the Skerrin house now . l\,layor Bums said that DO they have oot. Ms. Benson commented that it needs a lot of 11.C and they "'ill see that io the pictures. but she is still very inlcrcstcd io il She said she does not know what Council's plans arc going to be . .Mayor Burns advised wc are still developing our plans. Council has a received a memo. but they also had the CilyCenta' colllnlCI on the agenda toniglu and that is what they are focusing Oil but we are still moving ahead. Ms . Benson asked about having it on the Historical Register. Mayor Bums advised that is all pan of the memo . He said this is DOl actually oo the agenda tonight. but they have a memo they got in their packet this week lhaa goes ioro all of that. He suggested that perhaps Ms. Benson could be given a copy of Lhal memo . City Manager Sears llalecl be can give Ms. Benson a copy of that and noted that he did mention thal to her when be spoke to bcr over the tclepbone. Ms. Benson said that is riglu . City Manager Sears explained thaL basically, be will be asking Council to allow us to move ahead with making a contact "'ith the Historical Society to do a grant for an analysis or the site from a hiSIOrical perspective. He said they are asking Council to allow us to pull together a granl That grant can happen in a short period of time . so we could get that plllll as early as August or September. Mr. Sears advised that they have talked to the State His&orical Society people and they did feel like this would be an issue thal they would suppon io terms of the analysis. Any type of work that would come out of that analysis and any type of further grant probabl y would DOl happen Wllil after April of next year on that site. Ms. Benson advised that she got information on grants too . City Manager Sears DOied wc met with the Colorado Historical Grant person . Ms. Benson stated she actually talked to him so she knows a little bit about that and be sent her a packet about grants . City Manager Sears advised that Wider the City Manager's repon tonight he will be asking Council to consider allowing us to move ahead OD this. (b) Chrissy Estes advised that she is here on behalf of the Retail Council and the National Council to Prevent Delioquaicy, OD a graffiti projecL She llalecl she would like to endorse Council Bill No . 24, whic:h is OD the Consent Agenda tonight She said it is the bill that came out of the Code Enforcement Advisory Committcc:. Again, sbc said, she would like to thank Committcc: for allowing them to participate and bring their inpa to the table. Ms. Estes Slated that the retailing commwtity is endorsing the bill as writtcn. Council Member Bradshaw asked Ms. Estes if she talked to the Kman store up OD Belleview. Ms . Estes advised lhal the Kman reprcscnWivc will speak to Council tonight. .. . ' I • 0 ,;-------------------.,--------~--~------ • • Englewood Ci1y Council August 2, 1999 Page4 , ...... .. -· • ... • - (c) Rick Mercurio, General Store l\llanager at the Kman at Belleview and Broadway, said he did drop off some letters today. as he just found out about this the other day . Mr. Mercurio stated he would also like Council to suppon it as wriucn. as to not necessarily requiring that they lock up the spray paint. Because, he explained, their Denver stores have indicated a loss of sales and of course the incn:ase in costs if we add an amcndmc:nt to that.. Mr. Merauio assured Council that they want to be a very responsible entity in the community and they will continue to monitor such things and work '11.ith the City at all times . Personally, he commented, around his store, he does not appreciate graffiti anymore than anybody else does. He said be bas DOied thal since being here for three years, there is a lot less that is going on and he would be interested in knowing if there bas been a decrease in the City. But. he stated. at this time he would just like to also add his support to the bill as wriucn. Mayor Bums thanked him for coming. 8. co-uaicatiom. Proclamation, and Appointment, (a) A proclamation proclaiming Tuesday , August 3, 1999 as National Night Out an the City of Englewood was considered. COUNCU. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO PROCLAL\I TUESDAY, AUGUST l. 1999 AS NATIONAL NIGHT OUT IN IBE CITY OF ENGLEWOOD. Ayes : Council Members Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nays: None Absent: Council Members Nabholz, Garren Motion carried. Mayor Bums said be would like to mention thal Nancy Peterson bas done an amazing job in the City of Englewood with the Neighborhood Watch Program and National Night Out. Some of our neighbors around us have fifteen or twenty panics on National Night Out and be asked Ms. Peterson about our coWll . Officer Peterson 5laled we are over 300. Mayor Bums collllllCllled thal Ms. Pclerson bas been recognized nationally for this work and she is just a special person in the City of Englewood. Mayor Bums said it is Council's great pleasure to pass this proclamation. He noted she already bas Cowicil all lined up to go to various places tomorrow night . On behalf of Cowicil, Mayor Bums thanked Nancy Peterson for all her great work and offered congratulations. Mayor Burns presented the proclamation to Crime Prevention Officer Nancy Peterson . (b) considered. A resolution appointing Christopher Ransick to the Englewood Public Library Board was The resolution was assigped a number and read by title. RESOLUTION NO. 81, SERIES OF 1999 A RESOLlITION APPOINTING CHRISTOPHER RANSICK TO TiiE PUBLIC LIBRARY BOARD FOR TiiE CITY OF ENGLEWOOD, COLORADO. COUNCll. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 11, SERIES OF 1999. ., .. : .. .. . , I • 0 • • Englewood City Council August 2, 1999 Page5 I• • •, .. . .. .. ,. .,-. • ... • -' Ayes: Nays: Council Members Bradshaw. Habenicht Waggoner. Gr.12.ulis. Burns None Absent: Council Members Nabholz, Garrett Motion carried. 9 . Public Hearin& No public bearing was scheduled before Council. 10. CoueatA&ada (a) Approval of Ordinances on Fina Reading There were no additional ilems submitted for approval on first re:iding. (See Agenda Item 11 • Regular Agenda.) (b) Approval of Ordinances 00 Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) ud (ii) ON SECOND READING. Mayor Bwns advised lhal Agenda item 10 (b) (i) is Council Bill No. 24, the ordinance on graffiti that we were just discussing. (i) ORDINANCE NO . 43, SERIES OF 1999 (COUNCIL BILL NO . H. INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE AMENDING rrn.E 7, OIAPTERS 6E AND 6F AND 1111.E 15, OF TI-IE ENGLEWOOD MUNICIPAL CODE 1985, BY REPEALING AND ADDING NEW SECTIONS IBAT ADDRESS POSSESSION AND SALE OF GRAFFITI MAlERIALS AS WELL AS PAREJIIT AL RESPONSIBll..ITY. (ii) ORDINANCE NO. 44, SERIES OF 1999 (COUNCIL Bll..L NO . 43 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING rrn.E 11 , CHAP1ER 1, SECTION IB, OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS . Vote raulta: Ayes : Nays: Abscut: Motion carried. Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bwns None Council Members Nabbolz, Garrett (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i). (i) CONTRACT FOR PROFESSIONAL SERVICES REGARDING IN1ER· MODAL PLANNING FOR URBAN CEN'J'ERS GRANT FROM TI-IE GOVERNOR'S OFFICE OF ENERGY CONSERVATION. ' . .. . .. I· 0 • • • Englewood City Council August 2, 1999 Page 6 VOk results: •· ... '9 ,. _,... . • ... • - Ayes : Nays: Council Members Bradshaw, HabenichL Waggoner. Grazulis. Bums None Absent: Council Members Nabholz, Garrett Motion carried. 11. Rqular Aeeada (a) Approval of Ordinances on First Reading (i) Engineering Special Projects Coordinator Henderson presen1cd a n:commendation from the Dcpanmcnt of Public Worts and the Englewood Emirorunental Foundation. In c. to adopt a bill for an ordinalloe approving the vacation of the Little Dry Creek easement at the CityCcntcr Development Mr. Henderson advised tbal Engineering Manager Kahm was called away this evening 1'ilh a medical emergency and be is here in bis place. He swed tbal SlalI is seeking Council's suppon of a bill for an ordinance that would vacate an unncccssary easement cncumbcring the CityCcnter site. He passed out Exhibit A to this bill, which be noted was unavailable last week when the Council packc:ts went out. He explained it is the legal description to this vacation. He DOied that included ,..;th their packc:ts is a map and that map depictS the area of this vacation of this Lilllc Dry Creek easement This easement was originally n:corded in 19S7 and through the COIISb'IIClion ofCindcrclla City, in the mid sixties. Little Dry Creek was moved and c:ontained within a concrete box culvert. The map sbo"'S the actual location of Little Dry Creek in blue. So this casement is unDCCCSsary, be said, and Wal-Man has rcquested ... and in fact be thinks it is a requircmclll of their closing ... that this be vacated. Mr. Henderson SlalCd the easement n:corded in l 9S7 is no longer required and SlalI is seeking Council's approval to vacaJC it The City Clerk was asked to read the council bill by title: COUNCll.. BILL NO. 47, IN'IRODUCED BY COUNCll.. MEMBER BRADSHAW A Bll.L FOR AN ORDlNANCE AUTHORIZING TIIE VACATION OF UITLE DRY CREEK EASEMENT AT ClTYCE!lrl'ER ENGLEWOOD . COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 47, Ayes : Council Members Bradshaw, HabcnichL Waggoner. Grazulis. Bums Nays : None Absent: Council Members Nabbolz, Garrett Motion carried. (b) Approval of Ordinances OD Second Reading 1bue were no additional items submitted for approval on second reading. (See Agenda Item 10 • Consent Agenda.) (c) Resolutions and Motions (i) Senior Planner Stitt presemed a n:commcndation from the Englewood Environmental Foundation to adopl a resolution appruving the final plat of the CityCcnter Englewood Subdivision. He explained that this is a consideration of a subdivision for the CityCcnter Project and it bas been through a Public Hearing with the Planning Commission. The document that was forwarded to Council by the Planning Commission has been modified as a result of funbcr discussions with Wal-Man and other affected parties. He banded out copies to Council of the plat as SlalI is suggesting it be amended to reflect those changes. The plat itself bas been highlighted so Council can see exactly what the changes ..~-----· . ' I • 0 •• • • Englewood City Council August 2, 1999 P:age 7 ,. .,.-. • - • ... arc. Mr. Stitt said he would like to go tllrc u gh tllose. On tile front he said. tlley will notice whe re it has. in yellow, filing number one. lnis is just to keep tr.lCt of any future chang es Iha! may occur in ll us subdivision. They are suggesting tllat filing number one be added fo r histo rical and archi\·aJ purposes. he said. and they \>'ill know exactly what the first plat looked like. In tile lower left hand comer. tile date May 2~. 1999 has been highlighted. That is tile most recent title commitment dale. so tile plat docs refl ect !lie title commitment as shm\,-n in tile documents for transfer of property. !'.-tr. Stiu said at tile bono m in !lie center. wider Certificate of Dedication and Ownership. the wording was c hanged to refl ect lhe fa ct lh.1t in tile previous version it indic:ated public streets. And as you know, he said. tile roads \>'i tllin !lie dc\lelopment will be private and this is just consistent \>'ith tllal. Mr. Stin said tha1 on the page tllat m ost of Council is already on, they can note at the top tha1 it says filing nwnber one and tllere is quite a bit o f yellow on this page, but lhcrc: are actually only a few items. He ad,i sed that one of the su ggestions llicy received while they were reviewing this plat with the Wal-Man representatives. was Iha! l11c roadways. fo r inSlana: Soutll lnca Street and South Galapago Street and Eng]C\>'ood Park"w ay. be de noted as tracts. 1111s is more for the County Assessor, so the Assessor can keep tract of these properties. since they will no t be public rights"f-way. So we have labeled all the individual segments of roadway tracts. He said tll e y wi ll notice tllat in the lower left hand side, Soutll lnca Street is indicated as tract F and it gives an acreage . So all of the street segments in this plan tha1 are not public rights~f-way are n oted as tracts. Mr. Sti n saJd th a t the next change he wanted to bring to their anention is in block five . whic h is !lie center section of tile p la t just south of Floyd Avenue. A moment ago, he noted. Council voted to vacate the easement for Littk D ry Creek and this plat notes thaL In fact it will be updated to reflect lhe ordinance nwnber for tha1 vacati o n. rather than the council bill. So this plat will reflect the vacation of that easement It is noted on both lot one. block nine, which is commonly called the Wal-Man parcel. and lot two of block fi ve . Also in the Wal-Man parcel is a note for a twenty-five and a half foot wide conduit easement. He advised tllat ,s an casement that describes where the Little Dry Creek box conduit is located. Ot,,.iously, he pointed out, we need to protect that for any maintenance that may be needed in the future. This document just describes the localioD of thal cascmenl The final two issues that are depicted on this plaL that differ from whal the Planning Commission recommended. and what Council received in their packets. are for width of roadway casements. He said if you look at South Galapago Street, immediately to the right of the notation of South Galapago Street, it indic:ates a twenty foot wide roadway and utility easemenl \What the Planning Commission had recommended was a thirty foot wide easement. Mr. Stitt said he also handed out some cross sections and if they take a look at the handout where it says vie w looking north, a typic:al section through the center line of Galapago ... he would help explain why that easement was reduced from thlny feet to twenty feet. Consistently through the negotiations with Wal-ll,lart. he said. we have established tllat the Foundation would retain control of the streets. if you will, the roadways . from tile back of curb. Thi s view looking nonh, this section through Galapago. indicates that from the centerline to the back of cuib. is nineteen and a half feet and then you have another six inches for the "'i dth of the curb for a total of twenty feet. So evel)'thlng beyond that will be under the control, maintenance primarily, of Wal-Mart. So. he stated. it was not necessary to have a thirty foot casement on tile east side of Galapago. So this notati o n on the plat reflects that reduction from thirty feet to twenty feet. Like"i se. h e said. if you tum !lie page to !lie typical section through EnglC\>'·ood Parkway, you will notice on the plat \\here l11e right~f-way, or the easement for roadway is, which is a continuation of Englewood Parkway. has changed from whal l11 e Planning Conunission recommended. sixty feet, to a thirty foot easement Again, he advised, that is to reflect the actual needed space: for the laneage that will be proposed and actually built tlirough this portion of the site. Mr. Stiu said be would like to take a moment and step Council through this. He stated that the easement itself is thirty feet, consistently from cast to west The \>'idlh of the road will vary slightly , anywhere from twenty-five feet. flow line to flow line, or edge of cuib to edge of cuib, to twenty-nine feet. That variation is due to the widening of Englewood Parkway sligl1tly at the Elali Street intersection. to provide for the lllmillg movements. So. be Slaled. this plat reflects a reduction in that easement from sixty feet to thirty feet to accommodate the laneage. Mayor Burns commented that it does not alter the design of the street. Mr. Stitt Staled it does not . • I • • • -• En gle wood City Council Au g u st 2, 1999 Pa ge 8 ... .. ~ ---. • • -' Council Member Habenicht staled she is son of surprised to rece ive this at the last minute. because she thought they had re:illy, thoroughly, discussed the imponance of ha,ing that be a si.,"ty foo t -..i de eascmem Mr. Stitt explained that the change was result of reducing the roadway cross section there. from three lanes to two lanes . lnat was done. panially at the request of Wal-Mart in their negotiations. As a rcsul L sixty feet is not necessary to accommodate two lanes. Council Member HabeniclU said it was her understanding that the reason for the si xty foot easeme nL was that if sometime in the future there was a desire to widen that parkway to make it more co nsi stent and linking the CityCenter and lhc Plaz.a to the downto-..n area. to the Broadway area. that that was a ve ry impol1alll feature. Ms. Habenicht said she docs not sec why thal should be a problem fo r them. to keep that sixty foot wide casement But, COWICil Member Bradshaw said. this is a utility casement we arc talking about here. She asked if that was right Mr. Stitt advised that it is a combination roadway and utility casement COWICil Member Bradshaw asked ifwc would go from the thiny foot wide to one hundred and fi.fty on the west side of Galapago. Mr . Stin said yes and explained that that is because there is a fift y or sixty foot landscape median in Englewood Parkway, west ofGalapago. Council Member Bradsha w said she thought they were going to extend those lines over to Elati. Mr. Stin said that it was his understanding that during the negotiations with Wal-Man, they were interested only in providing an easement fo r the actual roadway itself. Council Member Habenicht said she thought the agreement was the sixty feet . Mayor Bums asked what cxaa.ly the sixty fcct was for. whcu we originally had the sixty feet. Mr. Stiu stated it was based OD the cross section thal was identified in lhc PUD and that cross section included three lanes. So by lhc time you have an cast laac, a left laDc and a center lane. plus cw'b. guner and sidewalk.. you arc at approximaady sixty feet. Which. be added. is a typical right~f-,.·a y "'idth for most of the streets in Englewood. that is a conunon number for Slrcct right-of-way . Mayor Bums noted that lhc thirty fcct obviously gives them more parking . Mr. Stin said that is correct. Mayor Bums noted that Director Simpson is coming up and may be he c:m tell Council a little b it about thi s negotiation. Council Member Habenicht said it is her undcntanding that we understood that Wal-Mart wanted to have that pa,ting and we bad no problem with lhc plal the way it was going to be and the roadway and the way it was going to be wilh the two lanes rather than lhc thn:e lanes. but that we wanted to reserve the sixty foot casement She said she thought that was very clear, she knows Council Member Garren was very strong about that . Director Simpson, board member of the Englewood Environmental Foundation, advised that what they are seeing here is the rellcction of actual requirements for roadway . The roadway meets traffic requirements and it meets utility requirements. The actual physical design of this is maintained consistent with the Englewood Parkway west of Galapigo. The trecs line up as was required and is necessary. Okay, Council Member Bradshaw said, so this does not show the trecs or anything. Mr. Simpson stated this does not show any of that kind of stuff. Whal this does is simply show more of the phys ical. legal requirement. He explained that what you have to overlay OD this subdivision plat is the site plan that identifies where the trees and sidewalks go. The lrCc:s and sidewalks will be going on either side of this casement on Wal-Mart property. Mr. Simpson advised they will be placed and required to be there consistent with the site plan that is right now being reviewed by the Dcpanment of Neighborhood and Business Development. • " . . 'I I • 0 - • • • Englewood City Council August 2, 1999 Page 9 ~ ,. ---• • - .. ... ... .... So, Council Member Bradsh.'.lw said. this does not show landscaping and it does not show sidewalk and th:11 would account for how many feet ? Director Simpson said probably another thirty . Ms. Bradshaw said that would be your sixty feet. Mr. Simpson said what you would end up with. to get a parkway consistent with that area west of Galapago. you would ha\'c to take a hundred and fifty foot easement and that completely wipes out any possibilities. from Wal-Man's perspective. of using thal area for parking. They have made it very clear to staff, that if you want that in the future you have every ability to take that property anyway. Director Simpson said we have been t:r:,ing to work through this to make sure they ha\'e adequate propeny to meet their needs and DOI take too much and still maintain design as was defined by Counc il. and Uiat is what you arc getting. Council Member Bradshaw asked if this will affect design. Director Simpson ad\ised that this will be everything that Council has approved. Council Member Waggoner said he had a question of Mr. Stitt. Mr. Waggoner said he thought thal during the initial proposals, everyone was concerned about traffic Oow along that ponion of the street and the third lane in the middle was nccdcd for turning movements out of the ttavelcd lanes. Mr . Stitt said that was correct. there was considerable amount of discussion about the efficiency of moving traffic across Englewood Parkway, both east and west and also accommodating movement through the parking lOL But Wal-Man. again in their negotiations. made it very clear that they were interested in ha\ing only rwo lanes. to maintain as much area for their parking requirement as possible. He ad\ised that through negotiations that was reduced from three lanes to two. Council Member Waggoner asked if it is still the feeling then that two lanes, even though there ,.ill be turning movements out of those lanes. that that is still sufficient to carry the proposed traffic east. west. Mr. Stitt advised that is the consideration that went into this, that two lanes were adequate to move traffic through the area and also to provide adequa&c turning movements. Council Member Habenicht asked how those two lanes will connect with the separated lanes. the median separated lanes and the roadway to the west. Mr. Stitt ad\ised that Englewood Parkway. where Englewood Partway intersects with South Galapago Street. obviously the east and west bound lanes will be offset from the alignment through the Wal-Mart parcel and his understanding is that there will be controlled intersection stop signs. Council Member Habenicht said that if a car is leaving the Wal-Man parking lot and say tJiey want to go through and drive down Englewood Parkway to get to the cinema for example, that they would have to stop. make a hard right tum and then a hard left tum It does DOI show there is any way they could make some son of curvy kind of thing. Mr. Stitt stated it will be curved, it will DOI require a hard left and then a hard right to make the tmnsition from Englewood Parkway. in front of Wal-Man. to Englewood Parkway. Wesl of Galapago . Mayor Bums asked if that is also part of the site plan. Mr. Stitt said yes. COWICil Member Habenicht said that is ou the site plan so we do DOI have to worry about that, we do DOI have to worry about ;iaiuiring that. Mr. Stitt staled that is on the site plan. Mr. Stitt suggested it might be helpful if he clarified, a little bit, the purpose of this documenl This document is simply to provide for the legal description of individual parcels that would faciliwc transfer or sale of property. And. be noted, the site plan is a separate document that would overlay this. What they sec on this proposed plal is an alignment of properties and roadways that is consistent with that site plan. Council Member Habenicht asked if Wal-Mart is comfortable with that site plan. Mr. Stitt said yes. Mayor Bums asked if there any further questions on this. He opined it is pretty well understood . • . ' ) I • 0 • • • Englc,.ood City Council August 2. 1999 P:igc 10 ... • ,,-' • • - • .. .. ... Mayor Burns asked Mr. Stiu if ht had any other ittms to point ouL Mr. Stiu said no. that this is lhe suggestion of statfto bring thc subdivision more into conformance with the proposal, both for Wal-~l.1n and thc rest of thc sitt plan. The resolution was assigned a ownber and rc:ld by title : RESOLtmON NO . 82, SERIES OF 1999 A RESOLtmON APPROVING 11iE CITY CENTER ENGLEWOOD SUBDIVISION PLAT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 82, SERIES OF 1999. Ayes : Council Members Bradshaw, Habenicht, Waggoner. Grazulis. Bums Nays : None Absent: Council Members Nabholz. Garrett Motion carried. (ii) Bob Simpson presented a recommendation from the Englewood Environmental Fouodalioo to adopl a resolution supporting the Master Development Agreement for CityCenttr Englewood. This resolution would support thc master development agreement between Mi.lier Weingarten and thc Englewood Eovironmcnlal Foundation. He explained that this development agreement sets forth conditions. n:sponsibililies and aulhorizcs Miller Weingarten IO develop the land and buildings. on-si&.e and off-site, and all n:spoasibilitics under the defined scope of work on thc propeny previously known as Cindcrd1a City . He said that the Englewood EowollDIClllal Foundation is supporting this agreement and rcqucs&.ing Council's suppon. The resolution WU assigned I number and n:ad by title : RESOLtmON NO . 83. SERIES OF 1999 A RESOLtmON SUPPORTING 11iE "MASlcR DEVELOPMENT AGREEMENT" BETWEEN MlLLER WEINGARlcN REALTY , LLC .. AND 11iE ENGLEWOOD ENVIRONMENTAL FOUNDATION. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. BJ, SERIES OF 1999. Mayor Burns 5lalcd Council has discussed this al some length, al more than one Executive Session and ii allows us IO proceed with this projcd, it allows Wal-Malt IO close. hopefully within thc next couple of weeks, cenainly within thiny days . He noted there arc certain performance standards in this agreement thai must be met, with Council approval . And, ht said, ii allows us to mo\•e ahead generally. with thc development and wc think this is a vilal S1ep that Council needs to lake and it is recommended by staff. Mayor Burns opined that it is something wc occd IO approve this evening and move ahead with this projca, yet ii protects the City of Englewood with regard to these performance Slalldards . Vote raulu: Ayes : Nays : Absent: Motion carried. 12 . Gmeral Dilawioa Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bums None Council Members Nabholz, Garrett • I • 0 . ] • • -• .. ~ ,,..... .. • ' . .. • • -... ... Eng lewoo d City Council Augu ~I 2, 1999 Page 11 (a ) Mayor's Choice (i) Mayor Bums advised lhal lasl week. on Monday. we had lhe FT A administralor Gordon Linlon, present on the site. He DOied fT A has the contt:ICI for the Light Rail and he later spoke al a lwicheon hosled by !he Transit Alliance dow111own and he was very enlhusiastic aboul lhe project developmenl, the Light Rail . Mayor Bums said lhal they noticed once you get him stllted talking al a IW1Chcon he will almost miss his plane, because he loves ii so much . He l3lks and l3lks and talks about lrallsit Mayor Bums said the kind of projea we have. which he lhoughl Mr. LinlOn lhinks is Wlique in lhe country right now and ii has a lot of differcnl elemenlS . He lhought Mr. Linlon was especiall y intrigued when we told him about all lhe an we are going IO have in the project IOO . Mayor Bums said he lhought lhal was something he had never heard of before in one of lhese developments. Mayor Bums opined lh:il fT A is very enlhusiastic. Mayor Bums noted we have another request for a grant to lhem. which Mr. Linton mentioned himself. be brought it up himself and we hope it is sua::essful . Mayor Bums said it was a very good visit by him. He added lhal we have seen him several times in Washington and Mr. Linlon remarked Mayor Bums was as enthusiastic aboul this proj ect now as he was the first time he showed it to Mr. Linlon in bis office in Washington. (ii ) Mayor Bums congratulated !he Little1on/Englewood Wastew:11cr Treauncm Planl on their Award ofExccllence on Operation and Management from EPA Region 8. There w1ll be a plaque awarded at a later time. (iii) Mayor Bums rc:mindcd eve,yone lhal tomorrow night is National Nigh1 Oul and Council has rcc:civcd their marching orders from Nancy Pclerson to go to their various locations for thal project. (iv) Mayor Bums advised that lasl Thursday he helped to host the Chamber of Commerce for the new Vc:lel'inary Referral Savice of Colorado, which is sort of behind LePeep . He 5laled ii is an amazing facility. It is a rc:fc:nal agency for pas of all kinds. it is one of the top ones in the country now and their goal is to be the besl in the world. And, he noted, they arc a very highly developed facili ty that is very , very impressive and it is very impressive to have that sort of facility in the City of Englewood. (v) Mayor Bums advised lhal they extended congratulations, at the Tri-Cities meeting on Friday, to Jim Woods, the Assistant City Manager of Littleton, as he has been selected to be lhe new City Manager sometime during Ibis molllh . We had a very good meeting, he said, wilh the Tri-Cities, we sort of rea,nstilUled lhc:m to talk aboul landscaping along the corridor, the Light Rail Project and also land use issues generally that we arc looking at between the lhrce cities . (b) Council Member's Choice (i) Council Member Bradshaw: I. She congralulalM Malley Center for their outsl3Dding Volunleer Recognition Program. She said she thought lhal was rc:ally nice . 2. She said she had a copy of Z News. which is from the Colorado Association of Code Enforcemenl Officials. They have a new law, dl'ective July 1 •, on the proof of insurance on Class C vehicles and abandoned vehicles and dlings that have gone inlo dl'ect. Ms. Bradshaw said she would like to have us take a look at ii., becawle the definition they have as far as a junk vc:hiclc is pretty intcrc:sting. And., sbe pointed out, all vehicles on a property must be operational, otherwise the vehicle must be inside an • .. . .. '" ) I • 0 - • • • Englc,.·ood Ciay Council AUb'USI 2, 1999 Page 12 .. .. • ,,-- • • - .. ... ' ... enclosed building or behind a solid six foot fence . She nolcd thal seems 10 be a problem. that in some areas we seem to have way too many vehicles and she lhoughl if we can screen lhcm off thal might help . Aesthetically it is going to help, she opined. but whelhcr it gets rid of lhc issue. she does not know . BuL she said. she thought she would pass ii along to the Ciay Attorney to take a look al as she was not sure if he rccci\/CS thal public:llioo or noc. 3. She advised she will not be able to participate in National Nigh1 Out. because she tea ches at th e Triad for Arapahoe Commwiiay College and her class is from 6 :00 p.m to 8 :30 p.m Ms. Bradshaw said she feels bad about that. because she really believes in the program and she knows it rcally is a good program for our Ciay . 4 . She commcotcd lhat wc keep getting all these lallOO parlors. She commented that she is all for free enterprise, lbal she thinks lhal is gn:at, but ii seems like wc are getting a preponderance of tattoo parlon. Ms. Bradshaw said she would like IO have the Ciay Attorney look into what we can do about thaL Maybe, she said, to cosurc the safely of the people who frequent that, if possible. She advised lbal the way she bears about these, often times, is from her studeDIS at Arapahoe Commwiiay College. They go, hey there's a new one and she asks a new what? 1ben they tell her there's a new tattoo parlor above Liquor Barn now . So, she said, I would just like to lake a look at that, because here wc are trying to raise the bar as far as bow Englewood looks and lhcrc are certain eslablishmcnts ... and she opined that some tattoo parlors are fine, lbal every commwuay needs a couplc ... but, she does DOI know lhat wc need a preponderance oflhcm. Mayor Bums said, commenting oo that, lbal the South Broadway improvements thal wc hope to have in lhc next couple of yc:m will raise tbe value of the rcntS in some of these buildings that ,.i ll have an effect on Ibis kind of ICDaDI too . (ii) Council Member Waggoner: I . He said it seems like every rain lbal wc have , wc bring a IOI of mud down Little Dry Creek. a lot of silt, a lot of deposition. He said be knows it is vcry detrimeolal to the pwnps 311d tbe fountain in lhe an:a. But this last lime nobody sccmcd to bother to drop the clam or 1111'11 lhc fountains off. he said. so it was just pushing out muddy water. Mr. Waggoner said be knows several years ago wc discussed maybe putting some aypc of iodicalioo upstream lbal would measure, maybe , the suspended solids and dc11atc the dam automatically and tum off tbe pumps so tbal wc are oot utilizing lhat water, at least going through the pwnps and tearing up the impellers or whalevcr ii is tbal is in there. He said it seems like we should revisit tbal issue and sec if wc can come up with something IO make lhat look a little better during a heavy rain or heavy runoff. 2. COUNCll.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRIBUTION OF S:Z.000 TO ASSIST fflE ENGLEWOOD HOLWAY PARADE. Council Member Waggoner said wc have done this in the pasl and be thought it was appropriate lhal Council do it for the Parade Association again. Vote raultl: Ayes : Nays : Absent : Motion carried. (iii) Couocil Members Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nooe Couocil Members Nabbolz, Garrett Council Member Habenicht : • ' . .. ' . I • 0 • • -• Englewood City Council August 2, 1999 Page 1J • • - .. ... I. She said she wanted to share with Council that at the last DRCOG meeting there was discussion about DRCOG wanting to entcrtlin a resolution that is being prepared by Slaff to suppon both measures. for the RTD and the roadway, for the Southe:isl Corridor. Eve~·one said they wanted to make sure their Council's were aware, as they wanted to vote their Council. She no1ed it is not coming up until L:11cr this month and we will have a couple of meetings before that. Ms. H.ibenicht ad\ised that they were provided a really wonderful preselllalion by Bill Vidal and they all asked for copies of ii and she just received hers in the mail . She asked that it be copied and distributed to Council, so that when they lalk about whal kind of position we might want to take, we have some infonnation. 2. She said she attended the Transit Alliance meeting this afternoon and they presemed a slide show that they have put together, that they are offering to organizltions. Chambers. PTO's. sen-ice clubs. councils. if we would like to see iL She advised it is a very. very nice slide preseniation. it takes abou1 1en or fifteen minutes and it does highlight our Cinderella City Transil Oriented Development . 13 . City Muaecr'• Report (a) City Manager Sears thanked Mayor Bwns and Council. staff. and Mike Flaherty in particular. He said he was under the weather a little bit last week and he just wanted to say th:mks for all of the nice things from the City and the supporL He stated we ha\'e a grC3I Slaff and they carried on quite dJCClively. (b) City Manager Sears said there was a memo from Hank Long on the Skerritt House. in tcnns of moving ahead with the grant to do the hislorical evaluation. He said he was sorry again. as we had hoped to schedule a meeting. to do a walkthrough with the Skerritt House. If it is okay with Council. they hope to do tbal early al the IICllt Council meeting. Al the same time. he advised. we would like to move ahead with this gralll reqUCSL He said he jusl walllcd feedback from Council. whether it is okay to move ahead in thal direclioa. Council Member Bradshaw said she thinks we need to. Council Member Habenicbl asked if he needed a vote or if consensus was enough. City Attorney Brotzman said be jllll aceds CODSCPPII Mayor Bums said he thought the memo was very extensive and understandable. He offered appreciation to Hank Long. Council Member Waggoner said, as he Wlderstands it, the Lady tha1 keeps appearing here is anxious to buy the property . He asked ifth:11 was righL He said he does not think we are interested in selling it Council Member Grazulis said not at this time. Council Member Bradshaw said we probably need to send a letter out to that effect . Mayor Bums agreed not at this time, because she does keep coming back and she is not quite in sync with where we are going with this. He DOied we appreciate her interest. but he thought that was probably a good suggestion . Council Member Habenicht said we would certainly invite her to participale in the Englewood Historical Society. Mayor Bums and Council Member Bradshaw suggested that could be part of the letter. City Manager Sears advised we will proceed under those guidelines and then send a letter off to her with that direction. ... I • 0 • • -• Englewood City Council August 2, 1999 Page 14 ' . .. /" . • • - (c) City Manager Scars advised there was a letter we handed out lo RTD. regarding the facility. to Ahmad Fazel, and he just wanted to know if that was also acceptable from a consensus viewpoint from the Council that we proceed. Council Member Bradshaw said she thinks that is fine. but she thinks Dan Brotzman also wanted to add something to that letter. City Attorney Brotzman advised that we need to run that by our outside counsel on some cmirorunent.11 issues. so wc should do that prior to sending it Council Member Bradshaw asked if it has been sent She was advised that it has. Then. Ms . Bradshaw said, wc need to send another letter talking about envirorunental issues. City Attorney Brotzman Slated it may not be a problem. City Manager Scars said, as he understands the issue from tllking 10 Mark Graham. that it may have been given to Mr. Faz.cl, but be indicalcd that he was not going 10 pass that 00 10 the board or the higher ups. until be, Mr. Sears, had wriuen a 1cUcr and signed off on it Mr. Sears advised that what he ,,.;u probably do is combine it and he will go ahead with Council's alllhoriz:11.ion. sign it based upon the change. He ,,.;11 send it to both Ahmad Faz.cl and cal Marcella at the same time. Council Member Bradshaw said she thought that would be really helpful. Mayor Bums said absolutely . City Manager Scars advised that that is bow they will proc:ccd. Mayor Bums Slated wc want him to be sure that we arc fully in suppon of this leuer. Council Member Bradshaw Slated we should carbon copy Cal Marcella on everything. City Manager Sears said that was an excellent idea. (d) City Manager Sears said there was some information from Chris Olson about the Oxford Recycling in the Council packet. He asked if Council had any questions. He said that Director Olson indicalcd this afternoon that he was going to mcea with Francis Kent and actually walk the site over there. Council Member Bradshaw said that was good. Mr. Sears advised they will do a follow-up repon to Council on this issue at the next meeting. He asked if there were issues raised that Council wanted him to do some more follow-up on. Council Member Bradshaw said her concern is that if we have the amount of tires out there and. loolcing at the fire that occurred up by Greeley in 1987. she docs not know that we need to invite something like that to happen. She asked what safety measures they arc laking to make sure that does not happen. Council Member Habenicht said she thinks that is so valid. Council Member Bradshaw pointed out that they arc right by that car shredder and there are things that n y off of that too . So it is a real volatile area and it is a big concern to her. she said, because if tbose would ever catch on fire. wc would have to evacuate. Mayor Bums agreed it would be an awful fire, that you can not pUI them out. Council Member Bradshaw asked ifwc wouldn't have to evacuate pan of Englewood. City Manager Sears said he thought wc would. And Sheridan, Ms. Bradshaw added. City Manager Sears stated there is a toxic component there. He advised that Director Olson did mention. in lheir review, that they arc Slacked in such a IIWIIICl'that they do meet Fire Code requirements. Mr. Sears said we know . from wbal we can tell, that we arc going to be the fina ones on site . • I • 0 . ] • • Englewood City Council August 2, 1999 Page 15 I> ., .. ~ ,.--· • • -.. Council Member Bradshaw asked if we assess a fee. bcc:iusc we have to be at th e re:idv for those fo lks . or something like lhal. She S11ggested that maybe staff could look at lhal . · Council Member Habenicht said she would like to pursue that funher and she reall y thanked th em fo r bringing this up . She said she knows we had some really serious problems with water when we had the cedar chip problem . And. she said, maybe we could look into that ... how a fire . or some son of thing ... would be fought and how that w·ould affect the water supply. Bcc:iusc that could affect evcl".'·bod y downstream ofus. City Manager Scars said vciy much so . Mayor Bums said absolutely. City Manager Sears said he would come back to Council on this issue . Council Member Bradshaw asked what we have to do. legislativel y, to get Arapahoe County to pay attention. Becwse, she said, she does oot know what to do, that she is more than willing to talk to people . but what do we have to do? Because. she noted. it is their job to patrol that City Manager Sears said he knows that in talking with Randy Young from Sheridan, about this issue . over the lasl month, be indicalcd thal the Sheridan Council also shares the concern that our Council has about those tires and potealial damage. Council Member Bradlbaw commenu:d that we have a lake, we have people that arc over at a "safe" park and things like that Mayor Burns staled thal we have amazing challenges in protecting our open space and par , 10 that area . He said it 11CC111S like it is one thing after another . • • • • • Council Member Habenicht thanked swr for the response to the question about the crosswalks and lightin g and lraffic on Old'ord. Sbe opined that the solution Iha! Slaff bas rcconunended sounds reall y. really viable and she thought it would be Dice to have a couple of neighborhood meetings there and propose that Especially in a a,uple of the neighborhood areas that arc concerned about that Ms. Habenicht said she just thought it was a marvelous compromise . City Manager Sears thanked Ms. Habenicht and said he would pass Iha! onto Ken Ross , who reall y headed Iha! up . City Manager Sears said he would like to piggyback on that. He advised that he knows Director Ross and his swr have been working vciy bard on Union and taking a look at the full analysis of truck and traffic . He said he does DOI think it is quite ready to come back to the Council. but we arc getting very close to Iha! and we will probably have that on an agenda, along, perhaps, with what the Oxford issues arc . City Manager Sears said he would pass Ms. Habcnicht's comments along to Director Ross and the Public Works swr. He Slated they did a good job. Mayor Burns commcoted that it was a lot of material in a short period of lime. 14 . City Attoraey'1 Report (a) City Attorney Brotzman rcqllCSICd a motion to appoint Professor Mark Vogel as Special Counsel for taxation issues . Mayor Bums asked about the reason for that. ., . . . I • 0 J- • • Englewood City Council Aucust 2. 1999 Page 16 h ~ •• .. • • •• .. ., City Attorney Brotzman explained thal we have h3d a complaint to the IRS and we an: responding to the complaint regarding whether the Associale Mwlicipal Court Judges arc independent conb':lctors or whether they arc employees for laXalion pwposcs. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT PROFESSOR MARK VOGEL AS SPECIAL COUNSEL FOR TAXATION ISSUES. Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nays : None Absent: Council Members Nabholz. Garrett Motion carried. (b) City Attorney Brouman rcquesled a motion to appoint Otten, Johnson. Robinson. Neff & Ragoncui as Special Counsel for land use issues related to light rail . He advised that this would be looking at various options, but primarily an option to look at an overlay zone all along the light rail for the consequences from that coming in. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT OTTEN, JOHNSON, ROBINSON, NEFF & RAGONETl1 AS SPECIAL COUNSEL FOR LAND USE ISSUES RELATED TO LIGHT RAIL Ayes: Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays: None Absent: COUDCil Members Nabbolz, Gamu Motion carried. (c) City Aaomcy Brotzman rcqucstcd a motioa to defend tbc lawsuit filed by the Fircfightcn' unioa conceming their rejcdcd illitialive pclilions. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DEFEND THE LAWSUIT FD.ED BY THE Fllll:nGBTER'S UNION CONCERNING THEIR REJECTED INITIATIVE PETITIONS. Ayes : Nays: Absent: Motion carried. JS . Adjourameat Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums None Council Members Nabholz, Gamu MBER BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 8 :37 p.m . .. ... ) I • 0 3 xi - • • • J .... @ UNITED STATES Ref: 8P-W-MS Mr. Dennis Stowe Plant Manager 2900 South Platte River Drive Englewood, CO 80110 Dear Mr. Stowe : • ~ --· • .. • • ... ... ENVIRONMENTAL PROTECTION AGENCY REGION I 1tt 11""' STREET • SUITE 500 DENVER. CO 80202·2481 J UL 1 5 199 9 Re : 1999 EPA Region VIII Operations & Maintenance Excellence Award ' .. 6 a It is a pleasure to inform you that the Littleton/Englewood Wastewater Treatment Plant has been selected to receive a 1999 U.S . Envirorunental Protection Agency (EPA) Region \'1II Operations and Maintenance Excellence Award . Your application has also been forwarded to EPA Headquarters in Washington, D .C. for national competition . Results of that contest are usually announced in July or August. I would like to personally commend you and the staff of the wastewater treatment plant for an excellent job of developing and implementing an outstanding operations, maintenance and management program . All of us at EPA appreciate the dedication and professionalism consistently demonstrated by you and your staff in operating the Littleton/Englewood Wastewater Treatment Plant facility . Your performance exemplifies the importance of a federal , state and local partnership to achieve our joint envirorunental gcals. We would like to visit your community and present a plaque to you and your staff in recognition of your superior accomplishments . In the event we are unable to Littleton/Englewood 0 Printed on R«:ycied Paper . l I ' , ., ' I· 0 • • • .:· .-·· • • 2 .. .. ' ' Wastewater Treatment Plant, a state official will be asked to present the award. Anthony Deloach of my staff will be contacting you soon to schedule the presentation . Congratulations for a job well done! cc : Governor Bill Owens Senator Ben Nighthorse Campbell Senator Wayne Allard Representative Tom Tancredo Sincerely, ~.e'J Regional A.dlT'inis._ratcr Mayor Tom Bums, City of Englewood Mayor Pat Cronenberger, City of Littleton James E. Tallent Jr., Operations Division Manager Mr. Derald Lang, CDPH&E ,. ~ .. . .. ' • ... I . 0 3 X • • • .. ~ ... • • • ' PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS AUGUST 11, 1111 .. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT CCS1GN1 '• ... . . r I . C, • • • ORDl'.'JA.;~CE NO . _ SERIES OF 1999 • • • BY ACTHORITY A BILL FOR COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER~~~~~~~ /OtL, AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEME:--ITS YL\DE WITHIN PAVING DISTRICT NO. 38, IN THE CITY OF ENGLEWOOD . COLORADO : APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING THE l\olANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS . WHEREAS, by Ordinance No. 34, Series of 1997, passed on final reading on :\1a y 19. 1997 . the City Council of the City of Englewood , Colorado, has crea ted Pa~;ng Di s trict :--l o. 38 , w1tlun the City for the purpose of constructing and installing paving, curb , gutter, and s idewalk improvements, together with necessary incidentals on a certain street w1tlun the Dis trict : a nd WHEREAS, the Englewood City Council approved Ordinance No . 5-1 . Series of 199 , passed on final reading on August 17 , 1998, which amended Paving District No. 38, within the City of Englewood; and WHEREAS , the improvements authorized by said Ordinances have been started and are anticipated to be completed m 1999, and the total cost of such improvements have been reliably ascertained ; and WHEREAS, an assessment roll has been prepared and a statement showing the total cost of the improvements has been duly filed with the City Clerk; and WHEREAS , from the statement made and filed , it appears that the total cost of the improvements to be constructed and installed within the District shall be $1,394,470.83, of which amount $735,534.43 , is being assessed against the real property within the District; and WHEREAS, the City Council has apportioned a share of the total costs to each lot or tract of land within the District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in "Exhibit A" attached to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ' ' Sectjon 1. Confirmatjon of Assessment Ron . The apportionment of the assessments 1s hereby approved and confirmed. Said apportionment is hereby declared to be in accordance with the special benefits which the real property in the Distri.ct will receive by reason of the construction and installation of the improvements . A share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts as set forth in the assessment roll, attached hereto as uExhibit A". Section 2. Payment of :\ssessments . The assessments shall be due and payable at the office of the Director of Finance of the City, on or before November 10, 1999, in accordance -1- • , . . , ... ) I • 0 - • • -• • ,. -· • ,. ,,· ... .. • -' ... with Section l l-2-7(C) of the Englewood Municipal Co de ; provided that all s uch a ssessments m ay be paid. a t the election of the property owne r , in installm e nts. with inte res t as h e r ei n after set fo rth. An allowance of 5% s hall be made on all pay me nts of a sses s ments made on or be for e November 8 , 1999, but not therea ft e r . F a t.lure to pay the whole assessment on or before ~ove mber 10. 1999. s hall be co nclusive ly considered and held an election on the part of a ll persons mteres ted. whe the r under disability or otherwise, to pay in installments. Additionally , such e lection shall be conclusively considered to be a waiver of any right to ques tion the power or jurisdiction of the City to construct the improvements, the quality of the work. the regularity or sufficie ncy of the proceedings, the validity or the correctnes s of the assessments, or the validity of the lien thereof. In the event of an election to pay in installments, the ass ess ments s hall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annu al installments of principal. the first of such installments of principal shall b e due and p aya ble on or before the 1st day of January 2000. The remainder of the installments s hall be d u e a n d payable successively on or before the 1st day of January in each year thereafter until p a id m full. The tenth and last installment shall be due and payable on January 1, 2009. Inte r est on the unpaid principal amount shall be at the rate of seven and one-half percent (7 .5%) p r annum, commencing on the day following the first installment due date , and payabl each year at the time of paying installments of assessments . The owner of any property n ot m default as to any installment or payment may , at any time , pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment p a ym e nt d ate . Sectjon 3. Penalty for Default or Nonpayment . Failure to pay any installm e nt, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately. The whole amount of the unpaid principal and a cc rue d interest shall thereafter draw interest at the rate established pursuant to Section 5-12-106(2) and (3), C .R .S ., until the date of tax sale , as provided by law . At any time prior t o the date of the tax sale, the owner may pay the amount of all unpaid installments with inte r est at the penalty rate of one percent (1 %) per month or fraction of a month, and all penalties and co s t s of collection accrued , and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. Section 4 . Assessment Lien · Recordatjon . All a s sess ments levied against the real property in the District, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this Ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens and shall be enforced in accordance with the laws of the State of Colorado . Pursuant to Section 31-25-522, C.R.S., a copy of this Ordinance shall be ft.led with the County Clerk and Recorder of the County wherein each lot or tract of land assessed is located , for recording on the land records of such lots or tracts of land, and copies of this Ordinance shall also be ft.led with the County Treasurer and the County Assessor. Sectjon 5 Assessments Agajnst Djyjded or Subdjyjded Tracts. If any tract of real property included within the District is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer. -2- • ' I • 0 • • .. • .. • •• ' .. Sectjon 6 Severabjlitv. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining pro"isions of this Ordinance, it being the intention that the various provisions hereof are severable. Sectjon 7. ~-All ordinances , or parts thereof. inconsistent or in co nflict herewith are hereby repealed to the extent only of such inconsistency or conflict . Section 8. l:wu:i.JJ.&. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this Ordinance, on Tuesday, September 7, 1999, at 7:30 P .M . or at such later time as the City Council is able to hear it in its normal course. Sectjon 9 Pub)jcatjon and Effectjye Date . This Ordinance, after its final passage. shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk and by the Certificate of Publication. This Ordinance shall become effective thirty (30) days after publication following final pass age . Sectjon 10 . Deferred Assessments. A Special Assessment Deferral Program is available to eligible property owners in Paving District No . 38, who meet the requirements. Applications for the Special Assessment Deferral Program must be submitted by October 8 , 1999. Introduced, read in full , and passed on first reading on the 16th day of August, 1999. Published as a Bill for an Ordinance on the 20th day of August, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full. and passed on first reading on the 16th day of August, 1999. Loucrishia A. Ellis -3- ,. . ., " '• ) I • 0 32 ~ ,,-·· • , .. •,. • • DESCRIPTION OF PROPERTY :\'..\:\IE AND ADDRESS lot Block 25-30 45 l 97!-35-3-23-032 Columbia HealthOne LLC 4643 S. Ulster St. #1200 Denver. CO 80237-2853 31-35 45 l 97 1-35-3-23-033 Coleman. Barry F. & Coleman, William A. 6144 S. Kramena St. Englewood. CO 80111-4241 36-40 45 l 97 1-35-3-23-034 Craig Hospital 3425 S. Clarkson St. Englewood , CO 80110-2811 45-48 45 l 971-35-3-23-037 Craig Ho spital 3425 S. Clarkson St. Englewood. CO 80110-2811 4144 45 19 1-35-3-23-038 Craig Hospital 3425 S. Clarkson St. Englewood, CO 80110-2811 1-10 & 14'of ll 46 ! 971-35-3-24-001 Columbia HealthOne LLC 4643 S. Ulster St. #1200 • Denver, CO 80237-2853 S . 11' of II & 46 ! 97 1-3 5-3 -24-009 12-20, etc Columbia HealthOne LLC 4643 S. Ulster St . #1200 • Denver, CO 8023 7-2 853 A Ponion of Lots 21-46 I 971-35-3-24-012 24 , etc . Co lumbia HealthOne LLC 4643 S. Ulster St. #1200 Denver, CO 80237-2853 Page 1 of 9 .. .. ' .... ~ I SUBDIVISION Evanston Broadway Addiuon HAMPDEN A VEE85 l Evanston Broadway Addition El\llERSO NSTS3475 Evanston Broadway Add i11o n EMERSONSTS3435 Eva n ston Broadway Additi on EMERSONSTS340 I Evanston Broadway Addi11on CLARKSONSTS3426 Evanston Broadway Addition EMERSONSTS3444 Evanston Broadway Addiuon EMERSONSTS3446 HAMPDENA VEE955 • ... Total ..\.ssossmenl s 11 ,5 11.94 s 3.94 1.15 s 3.941.15 s 3.152.92 s 3,152.92 s 8,323.71 s 18,783.88 s 2,895.64 .. X ... • I T A ·,: .. ' ' ' I • 0 .. ,. ,, • -4 ./• .... •' • • I •• DESCRIPTION OF PROPERTY II NAME A,'iD ADDRESS Lot Block SUBDMSION Total Assessment A Portion Evanston of Lots 22-46 Broadway 1971-35-3 -24-013 24, etc . Addition Columbia HealthOne LLC El'vIE RSONSTS 3496 4643 S. Ulster St. #1200 s 2,872.97 Denver, CO 8023 i -2853 A Portion Evanston of Lots 24, 46 Broadway 1971-35-3-24-014 etc. Addition Columbia HealthOne LLC El'vIERSONSTS 3496 4643 S. Ulster St. #1200 s 731.10 Denver , CO 8023 -2853 23-24 5 Skerritts Add 20 77 -03-2-02-011 2nd Fig. James R. Sulli van CHEROKEESTS361 0 3610 S. Cherokee St. s 1.093.98 Englewood. CO 8011 0-3526 25-26 5 S kerri tts Add 2077 -03-2-02-0 12 2nd Fig . Fenden, Vance R. & Caterine E. Benson, IT CHEROKEESTS3612 Ten 3612 S. Cherokee St. s 1,367.48 Englewood. CO 80110-3526 2 7-28 5 Skerritts Add 2077-03-2-02-013 2nd Fig. George Yancey CHEROKEESTS3620 3950 S. Kalamath St. s 1,367.48 Englewood, CO 80110 29-30 5 Skerrins Add 2nd Fig. -2077-03-2-02-014 Merrill R., JT Ten CHEROKEESTS3630 3630 S. Cherokee St. s 1,367.48 Englewood, CO 80110-3526 31-32 5 Skerri ns Add 2077-03-2-02-015 2nd Fig. Glen D . Werner CHEROKEESTS3638 • 3638 S. Cherokee St. s 1,367.48 Englewood, CO 80110-3526 I . 0 33 -34 5 Skerritts Add 2077-03-2-02-016 2nd Fig. Maxine M. Molner & Linda L. Unger, IT Ten CHEROKEESTS3642 3642 S. Cherokee St. s 3,009.25 Englewood, CO 80110-3526 Page 2 of 9 32.x .. • ' .. -., • I-• .. , .... .. -' . , -. • .. ... • ' ... ~ .. DESCRIPTION OF PROPERTY I NAME AND ADDRESS Lot Block SUBDIVISION Total Assessment 3,4,5 4 Skerrins Add 2077 -03 -2-14-017 2nd Fig. Mike Lee Cooper JEFFERSONAVEW2 62 2115 W. Chenango Ave. Unit H s 3,463.29 Littleton, CO 80120-1030 1,2 4 Skemtts Add 2077-03-2-14-018 2nd Fig. John H. & Joyce Wise , JT Ten CHEROKEE T 3644 3105 S . Gilpin St. s 3.432.31 Englewood, CO 80110-3022 No PP! Uulities Depanment CITY DITCH 3400 S. Elati s 753.23 Englewood, CO 80110 NO ADDRESS 1-4 4 Skemns Add 2077-03-2-[4-0l 9 2nd Fig. Corah Interprize CHEROKEESTS3650 3361 E. Maplewood Ave. s 1,937.79 Littleton , CO 80120 unplatted 2077-09-1-00-001 Eagle Performance LLC WINDERMERESTS4300 4300 Windermere St. s 26.059.55 Englewood. CO 80110-5539 unplatted 2077-09-1-00-080 John L. Cox RADCLlFFAVEW140l • & Van Schaak Propeny Management s 16 ,591.99 7730 E. Belleview Ave. #210 Englewood, CO 80111-2605 unplatted 20 77 -09-1-00-035 Lone Star Pl ywood & Door Corporation WINDERMERESTS~60 425 Airline Dr. #200 s 26,418.01 Coppell , TX 75019-4608 • I· C, unplatted 2077-09-1-00-035 Lone Star Plywood & Door Corporation WINDERMERESTS4460 425 Airline Dr. #200 s 39,442.07 Coppell, TX 75019-4608 Page 3 of 9 .. • -• . , . r,~,, . _. -~ • f { ' .. ,, .. • .. . ' • -' .. ~ • DESCRIPTION OF PROPERTY I NA:\IE AND ADDRESS Lot Block SUBDIVISION Toul As=smtnt unplaned 2077-09-1-00-083 Windsor Industries , Inc . STANFORDAVEWl351 1351 W. Stanford Ave . s 29.466.55 Englewood. CO 80110-5533 unplaned 2077-09-1-00-038 Windsor lndusmes, Inc . STA,'IFORDAVEWI 301 1351 W. Stanford Ave . s 3,071.29 Englewood , CO 80110-5533 unplaned 2077-09-1-00-04 l Noyes & Lamb Limited Liability Company WINDER.\1ERESTS45 90 4590 Winderemere St. s 16.866.81 Englewood. CO 80110-5541 unp l:med 2077-09-1-00-081 Windsor Industries, Inc. RADCLIFF A VEW 1300 1351 W. Stanford Ave. s 13.650.39 Englewood, CO 80110-5533 unplaned 2077-09-1-00-069 Toil Management LLC WINDER.\1ERESTS4550 4550 S. Windermere St.. s 36.670.61 Englewood, CO 80110 unplaned 2077-09-1-00-069 Toil Management LLC WINDER.!\1ERESTS45 50 4550 S. Windermere St.. s 20,186.82 Englewood, CO 80110 • 2077-09-1-00-070 unplaned Windsor Industries , Inc. STA1'1FORDA VEW 1582 1351 W . Stanford Ave . s 19 ,276.69 Englewood, CO 80110-5533 unplaned 2077-09-1-00-082 Windsor Industries, Inc . NO ADDRESS • I • 0 1351 W. Stanford Ave. s 3,451.32 Englewood, CO 80110-5533 Page 4 of 9 .. , . • -.. .. ' -"'.-""' '• • • . , \ - DESCRIPTION OF PROPERTY I NA~IE AND ADDRESS Lot Block SUBDIVISION Toul Assessment 2077-09-1-00-074 unplaned DMH Properties LLC STANFORDAVEW1401 1401 W . Stanford Ave . s 16,837.57 Englewood. CO 80110 2077-09-1-00-075 unplaned Renaud Inc . WINDERMERESTS4390 4390 Windermere St. s 25.508.83 Englewood. CO 80110-5539 2077 -09-1-00-075 unplaned Renaud Inc . WThl"DER.\1ERESTS43 90 4390 Windermere St. s 5.529.99 Englewood. CO 80110-5539 2077 -09-1-00-076 unplaned Renaud Inc . NO ADDRESS 4390 W indermere St. s 8.353.95 Englewood. CO 80110-5539 Bell Isle 3 1 Gardens 2077-09-1-16-007 2nd Fig Popish, James TUFTSAVEW1520 6670 Crestbrook Dr. s 1,326.90 Morrison. CO 80465-2232 Bell Isle 2 I Gardens 2077-09-1-16-008 2nd Fig Po pi sh, James TUFTSA VEW1530 6670 Crestbrook Dr. s 217.52 Morrison, CO 80465-2232 • Bell Isle 5-8 1 Gardens 2077-09-1-16-010 2nd Fig J M & J Investments, Inc . THOMASAVEWISIS % Daniel F . Haney s 21,623.66 1495 W. Thomas Ave. • Englewood. CO 80110-5577 Bell Isle 5-8 1 Gardens I . 0 2077-09-1-16-010 2nd Fig J M & J Investments, Inc . THOMASA VEW1515 % Daniel F. Haney s 8,476.48 1495 W . Thomas Ave . Englewood, CO 80110-5577 Page 5 of 9 • 32 .. ' • ,,,--;; ., • ~ ,, -~ t. .. .. .. •.""w. • .. • 1 -• .. -. DESCRIPTION OF PROPERTY I NAME ,UIID ADDRESS Lot Block SUBD1V1SION Tor:il Assessment 6 l Bell Isle 2077-09-1-16-011 Gardens Carl Weil TUFTSA VEWl 530 2477 CR 132 s 3,576.65 Elizabeth. CO 80107 4 I Bell Isle 2077 -09-1-16-012 Gardens Joe R . & Barbara A . Zy lstra, IT Ten TUFTSAVEW1510 1510 W . Tufts Ave . s 1,805.19 Englewood. CO 80110-5538 Nonhem Bell Isle half of I 2 Gardens 2077-09-1-1 7-004 2nd Fig Estate of Ernest F. Hofer GARDE STS-164 0 I Tarnarade Ct. s 2.439 .58 Littleton, CO 80127-3596 Southern Bell Isl e 2 Garden s 2077-09-1-1 7-005 halfof 1 2nd Fig Charles C. Haney GARDENST S-16 50 3322 W. Aksarben Ave . s 2.494.29 Littleton , CO 80123-7924 Bell Is le 2 2 Gardens 2077 -09-1-1 7-006 2nd F ig Garden Lane Warehouses GARDENSTS-1654 4654 S. Garden Ln . s 3,638.98 Englewood. CO 80110-5548 Bell Isle 3 2 Gardens 2077 -09-1-1 7-015 2nd Fig Harold Ausfahl , er al. GARDENSTS4660 600 Watson Ln . s 3.916.0-l • Littleton, CO 80123-2902 Nonhem Bell Isle halfof 10 2 Gardens 2077-09-1-1 7-022 &11 Antonio & Assunta Bovenzi, IT Ten TUFTSA VEW1470 2111 S . Harlan St. s 6,774.13 Lakewood, CO 80227-361 7 Southern Bell Isle halfof 10 2 2077-09-1-17-023 &11 Gardens • I . 0 Charles C . Haney THOMASA VEW1493 % Good Decal Co. 1495 W . Thomas Ave. s 6,642.28 Englewood, CO 80110-5577 Page 6 of 9 • ~ ,,,,.. • ,~ t,\ .... r . ~ . . ' • • . ' • ' ... .. DESCRIPTION OF PROPERTY I NAME AND ADDRESS Lor Block SUBDIVISION Tor2I Assessment ~utllem Bell Isle halfof 10 2 2077-09-1-17-023 & 11 Gardens Charles C. Haney THOMASA VEW1493 % Good Decal Co. 1495 W. Thomas Ave . s 7,993.84 Englewood, CO 80110-5577 Bell Isle 6 2 Gardens 2077-09-1-2 3-005 3rd Fig Mildred G. & Mary S. Harr, JT Ten THOI'v1ASA VEW1480 6818 S. Elizabeth St. s 3.235.2 4 Linleton . CO 80122 Bell Isle 6 2 Gardens 2077-09-1-23-005 3rd Fig Mildred G . & Mary S . Harr, JT Ten THOl'vUSA VEW1480 6818 S. Elizabeth St. s 1.1 73.14 Linleton. CO 80122 Bell Isle 7 2 Gardens 2077-09-1-23-006 3rd Fig L T R Partnership THOMASA VEW14 70 1470 W. Thomas Ave. s 6,591.02 Englewood, CO 80110-5544 Bell Isle 7 2 Garden s 20 7-09 -1-23-006 3rd Fig L T R Pannersh1p THOl'vUS A VEW1470 1470 W . Thomas Ave. s 12 ,777.18 Englewood. CO 80110-5544 Bell Isle 3-5 2 Gardens 2077-09-1-23-0 13 3rd Fig J M & J Investments, Inc. THOMASA YEW 1500 • 1495 W. Thomas Ave. s 13 ,417.91 Englewood, CO 80110-5577 Bell Isle 3-5 2 Gardens 2077-09-1-23-013 3rd Fig J M & J Investments, Inc . THOMASAVEW1500 1495 W . Thomas Ave . s 1,991.89 Englewood, CO 80110-5577 Bell Isle I 2 Gardens I . 0 • 207 7-09-1-23-014 3rd Fig Jack & Virginia Nelligan, JT Ten NO ADDRESS 4675 S. Windermere St. s 3,974.23 Englewood, CO 80110-5542 Page 7 of 9 • .. • -,, .. .. .. • - ' DESCRIPTION OF PROPERTY I NAME AND ADDRESS Lot Block SUBDIVISION Tot2I Asussmrnt Southern Bell Isle Part of 1 & 2 Gardens 2077 -09-1-23 -0 15 all of 2 3rd Flg Knowles. Wayne J. & Dmdo James A. WINDERi\1ERESTS46 l 0 4610 S. Windennere St. s 2.267.66 Englewood, CO 801 10-5543 1 I Navajo Street 2077-09-1-24-001 Industrial Park H & B Enterprises NA V AJ0STS450 I 4501 S. Navajo St. s 14.378.04 Englewood, CO 80110-5529 2 I ·avajo Street 207 7-09-1-24-002 Industrial Park H & B Enterprises 0 ADDRESS 4501 S. Navajo St. s 3,366.23 Englewood, CO 80110-55 29 3 1 Navajo Stre et 2077-09-1-24-006 Industrial Park United Maching Inc . NAVA.JOSTS4 54 1 4541 S. Navajo St. s 2,396.20 Englewood, CO 80110-5529 2 2 Navajo Street 20 77 -09-1-25-002 Industrial Park Windsor Industries , Inc . STANFOR.DAVEWl31 2 1351 W . Stanford Ave. s 15 ,-417.66 Englewood, CO 80110-5533 3 2 Navajo Street 20 77 -09-1-25-003 Industrial Park James L. Popish & Jeannie M. Holtz NA V AJOSTS45 20 6670 Crestbrook Dr . s 5,913.49 • Morrison , CO 80465-223 2 Northern 2 Navajo Street 2077-09-1-25-006 half of 1 Industrial Park Navajo Enterprises NA V AJ0STS4500 4500 S. Navajo St. s 10,752.38 Englewood, CO 80110-5530 Southern 2 Navajo Street 2077-09-1 -25-007 half of I Industrial Park • I • 0 Navajo Enterprises NA V A.JOSTS4500 4500 S. Navajo St. $ 2,376.62 Englewood, CO 80110-5530 Page 8 of 9 32x .. • • . -) .. " . ........ ', ' • .. • l •• ' DESCRIPTION OF PROPERTY l :>;A .\1£ . .\ND ADDRESS Lot Block S UBDIVISION Tot:al Assessment 3-10 Angle Sub 2077 -09-1-26-002 Charles K. & Rosena M . Angle WINDER.MERESTS445 0 801 E . Dogwood Ave . s 27 ,030.61 Littleton , CO 801:?l-2423 3-10 Angle Sub 2077-09-1 -:?6-002 Charles K. & Rosena M . Angle WINDERMERESTS4450 80 I E. Dogwood Ave. s 5.529.99 Littleton. CO 80121-2423 I Angle Sub 2077-09-1-27-005 Windsor Industries. Inc. NO ADDRESS 1351 W. Stanford Ave . s 17,583 .13 Englewood, CO 80110-5533 2 Angle Sub 2077-09-1-27 -004 Windsor Industries , Inc . NO ADDRESS ) 1351 W. Stanford Ave. s 5.600.92 Englewood, CO 80110-5533 unplatted 2077 -16-1-00-0 I 0 South Suburban Parks & Recreation Di strict NO ADDRESS 6631 S. University Bl vd . s 28,575.45 Littleton . CO 801:?1 -2973 unplatted 2077-16 -1-00-018 I South Suburban Parks & Re creation District BELLEVIEWAVEWl200 6631 S. University Bl vd . s 94,410.32 • Littleton , CO 801:?1 -2973 1.14651602 TOTAL s 735,53-U3 • I • 0 Page 9 of 9 32 - • • -. .. ~ ,..-. • ,. ',, .. • ~ -' COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance Approving Assessments for Pav ing Dis t rict August 16, 1999 10 a i No. 38 Initiated By Department of Public Works I Staff Source Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No . 40 on March 17, 1997, declaring the City's intent to form Pav ing District No . 38 , Ordinance No . 34 , 1997 , creating Pav ing District No . 38 , and Ordinance No . 5 4, 1998 , re-creating and re-establishing Paving Distri ct No . 38 . RECOMMENDED ACTION Staff seeks Council approval of a Bill for an O rdinance establishing assessments for the construct ion of Paving District No . 38 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Construction cost estimates for Paving District No . 38 were prepared by staff in February. 1997, and included in Resolution No . 40 , March 17 , 1997 dec lar ing the City's intent to form Pav ing Dist rict No . 38 . Bids for the construction of Paving District No . 38 , opened June 18, 1998, reflected high ly inflated costs in the construction industry , driven by labor shortages and cement shortages , that caused concrete unit prices to increase approximately 50% over the past 18 months . These increased costs will cause many property owners in Paving District No . 38 to rece ive assessments far exceeding estimates published during the 1997 formation of Paving District No. 38 . Staff believed that it was necessary to amend Ordinance No . 34, 1997 that created Paving District No . 38 in order to address the actual costs associated with the construction of Paving District No. 38 . Council approved the ordinance amending , re-creating and re-establishing Paving District No. 38 on first reading July 20, 1998. A Public Hearing on the ordinance was held on Monday, August 17 , 1998. To facilitate beginning construction of this project during 1998 , and consequently taking advantage of the bid process for this project from June , 1998, Council varied from its normal procedure and approved the ordinance on final reading at the August 17, 1998 Council meeting , making th is ordinance in full force and effect at 12:01 a .m . September 20, 1998 . This variance allowed for award of a construction contract at the September 20, 1998 meeting , which gained six to eight weeks of productive construction for the project in 1998. The majority of construction has been completed. A portion of the project, however, is being delayed by the Public Service Company relocating the power poles. The balance of the District, South Windermere St. from Quincy Ave. to Tufts Ave ., and West Stanford Ave . from Windermere St. to Navajo St., will be completed in the Fall of 1999. • ' . .. . ' I • 0 - • • .. • ·, r ' . .. . ~ ..... • •• .. ... FINANCIAL IMPACT Funding for the City's portion of the project, in the amount of approximately $658 ,936.40 of which currently $520,000 is budgeted in the 1997 and 1998 PIF. An additional appropriation in the amount of $210,000 was transferred to the project budget for a total of $730,000 (Ordinance No. 54 in 1998). The assessment total will be $735,534.43 , which includes legal fees, contingencies , etc ., bringing the project total to $1 ,394,470.83. Voters in Paving District No. 38 approved a sale of bonds in the amount of $970 ,000 on November 4, 1997. Municipal bonds are to go on sale in October of 1999. The City's portion of this project is approximately $71,063.60 lower than originally anticipated. This money will go back into the Capital Projects Fund balance. Section "A" (assessable} $735,534.43 UST OF ATTACHMENTS Proposed Bill for an Ordinance Final Assessment Data Section ·e· CCiM $658,936 .40 Total $1,394,470.83 .. , I I . 0 32X - • • .. ~ -· • t-~,· .. • -' FINAL ASSESSMENT DAT A PAVING DISTRICT NO. 38 SECTION A (Assessable) Contract Conatruction Ccm;,l•t• to date Cost to complete Project (Windennere & Stanford) SUhtotal Legal and fiscal fees (esti mate) Plus 2% contingencies Interest (includes bond interest) Subtotal TOT AL SECTION A (Assessment Factor I . 14651602) SECTION B {City Respoosibilitv) Contract Construction Complete to date Est. to complete Project Subtotal Right-of-way acquisition Preliminary & construction engr. (estimate) Incidental contract construction Technical Services (testing/surveying)(estimate) Construction supplies/materials (estimate ) Equipment/fuel (estimate) Office supplies/postage (estimate) Legal advertising (est imate) Misc . supplies/expenses (estimate) Subtotal TOT AL SECTION B Less Tufts Ave . (assessed in PD #35) TOT AL SECTION B (estimate) TOTAL SECTIONS A & B $392,525.15 249.013 .58 $6'1, 538. 73 S 53.000.00 13 ,890.7 8 27.104 .92 S 93 ,995 .70 S209 ,272.20 266.252.00 $475 ,524.2 0 $ 95 ,491.35 72,186.00 8,583.91 70,8 74 .00 9 ,139.00 5 ,690.00 1,325.00 4,047 .00 6.043 .00 $273 ,379.26 -89.967 .06 • .. $735.534.43 $748,903 .46 $658 ,936 .40 $1,394,470.83 .. ) . ' ., I· 0 • • • .. ~ ,,---· • 1• • •,' .. .. • -' ... FINAL ASSESSMENT DAT A PAVING DISTRICT NO . 38 SECTION A <Assessable) Contract Construction Complete to date Cost to complete Project (Windermere & Stanford) Subtotal Legal and fiscal fees (estimate) Plus 2% contingencies Interest (includes bond interest) Subtotal TOT AL SECTION A (Assess ment Factor 1.14651602) SECTION B {City Responsibilitv} Contract Construction Complete to date Est . to complete Project Subtotal Right-of-way acquisition Preliminary & construction engr. (estimate) Incidental contract construction Technical Services (te sting/surveying)(estimate) Construction supplies/materials (estimate ) Equipment/fuel (estimate) Office supplies/postage (estimate) Legal advertising (estimate) Misc. supplies/expenses (e stimate) Subtotal TOT AL SECTION B Less Tufts Ave . (assessed in PD #35) TOTAL SECTION B (estimate) TOTAL SECTIONS A & B $392.525.15 249,0 13 .58 $641 ,5 38 .73 $ 53 ,000.00 13 ,890.78 27,104 .92 S 93.995.70 $209,272.20 266,252.00 $475,524 .20 $ 95 ,491 .35 72,186 .00 8 ,583 .91 70.8 74.00 9 ,139 .00 5.690.00 1,32 5 .00 4 ,047.00 6,043 .00 $273,379 .26 -89,967.06 $735 ,534.43 $748,903 .46 $658,936.40 $1,394,470.83 • ' . ' • l ' ' B I . 0 • • • .. • ... • - ORDINANCE NO._ SERIES OF 1999 BY AUTHORITY A BILL FOR ... /0()._ ·, j COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE A.l\1ENDING TITLE 3. CHAPTER 8 . SECTION l , S BSECTIO NS 3, 4 AND 5 , OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , City Co uncil is co ns id ering C. B. 48 . Series of 1999, simultaneo usly with this Ordinance ; and WHEREAS, C. B. 48, Series of 1999, allows the a d op t io n of an amended Englewood Firefighters' Pension Plan t o co mply with State Statutes, F eder al guidelines and to provide a Deferred Retir e me nt Option Plan (DROP) be nefit fo r the participants of this Plan; and WHEREAS . C. B. 48. Series of 1999 , also provi des plan participants the opt10n of participating in a Deferred Retrre ment Option Plan (DROP); a nd WHEREAS, this Ordinance would clarify that retireme nt be nefits a nd the qualifications for those benefits are provided in a se parate plan; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO 'NCIL OF THE CI TY OF ENGLEWOOD, COLORADO, AS FOLLOWS ; Section 1. The City Council of the City of Englewood , Colorado hereby a mends Title 3, Chapter 8, Section 1, Subsections 3 , 4 and 5, of the Engle woo d Municip a l Co de , to read as follows: 3-8-1-3: RETIREMENT BENEFITS: Afi) fwefighter .. he h8B aM.8iftea the 8ge eHift) (IHI) ) ears a Ra h8s t .. eftt) (28) er mere ) e8rs ef ereaitea se!'Yi:ee shall l!e ebgil!le te reeei. e a se!'Yi:ee retiremeftt pensieft l!aeea eft the em pie) ee's Hft81 ease p8), 8ile .. iRg t.. e 8fta eRe h81f pereeftt (2'1,%) fer eaeh efthe fwst t .. eftt) (28) )e8rs efere!iitea se!'Yi:ee , phis Bfte pereeftt (1%) fer e8eh 8Baitieft81 ) e8r ef ereaite!i sen iee , te 8 m8.ttlBtHl'I ef si:!tt) fi. e pereeftt (6iH~). C81ettl8tiRg the ease p8J me8ft8 the 81Bettftt ef hteJfier meftti'M) s8l8r, 88 ef the a8te ef htelfler retiremeftt. PeReisft p8) me Rte sh8il l!e m8ae ift eittt8l meRthl) iRst8ilmeftts ta the meml!er. RETIREMENT BENEFITS AND QUALIFICATIONS FOR THOSE BENEFITS SHALL BE PROVIDED IN A SEPARATE PLAN WHICH SHALL BE ADOPTED BY ORDINANCE . 3-8-1-4: l.&VJING SERVICE PRIOR TO Sl.IGIB1l.ITY: Shettla 811) pl8ft meml!er hire a prier te April 8 , 1978, le11. e the sen iee ef the Cit) prier te heeemiftg eligil!le te reeei. e 8 pe11sie11 p8) 8hle wem the Firefighters' Pe11sie11 -I - ) I • 0 Date August 16, 1999 Initiated By Y.:r: ..... ... • • ••• .. COUNCIL COMMUNICATION Agenda Item 10 a ii .. ', .. Subject A bill for an ordinance amending Title 3-8-1, EMC , pertaining to the City of Engle- wood Firefighters Pension Plan Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed the amended Firefighters Pension Plan document at study sessions. Council gave staff direction to proceed with a bill for an ordinance to approve the amended document. This ordinance will clarify that retirement benefits and the qualifications for those benefits are provided in a separate plan. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance will permit the enactment of the amended Firefighters Pension Plan document. FINANCIAL IMPACT This action will have no financial impact. UST OF ATIACHMENTS Proposed bill for an ordinance • ' .. .. . .. 0 I· 0 32X - • • I '- • .. ~ _. • .. .. • - ... Ftt!H!, fer SH) 1 eas ei, ethe . thitH tieitth, ai,tl: sititi 11!.emeer l,tt s less thitH fi. e (§) , eitrs ef ereti:iteti s er . iee itt te rll!.tnittien . Miti fi:r efir;hter shitll ee .ntit!eti te it refttr1ti ef liislfler iteettll!.ttlateti eentrietttien te the Ei,gle .. eeti Firefighter s ' Pel'l s ieH FttHti . The term aeettmttlitteti eentrietttiei,s shall mean the s ttm ef s aiti fire:6ghter s ' ee Htrietttiei, te the Firefir;hters' Pensien Fttnti ter;ether .. ith interest. 1f afty . thereeft . as ma, l,e tietermineti e, the Firefighters' Pensien Bearti. Ifsaiti fuefir;hter has fi,e (§) er mere ,e a r s efereti:iteti ser....ee at t e rmH.ittie f'l . the fire:6ghter mit) eleet either. ~ Deferreti menthh ee!'lefii pl!I) 111,le beginnt!'lg at 11ge fift, (61:l ) ease ti ttp e n the memeer's finttl eaee pl!I), 11He .. mg t .. e 11nti ene half pereent (:.!'},%) fe r eiteh ef the first tne!'lt) (21:l) ,ears eferetiiteti serviee pltts ene f1ereent (1%) far eaeh 11titiiben11l , el!IP te II m11 .tlmttm ef s i:!tt) fi, e f1eree!'lt (66 %) ef eitse flll., , er Be Reeei. e II reftt!'lti ef liielfler 11eettmtt:l11teti eentl"ietttiens its set etti itb e . e . 3-8-1-6-3-8-1-4 : VOLUNTEER FIREFIGHTERS PENSION FUND: A. There is hereby created a s pecial fund to be known as the Voluntee r Firefighters Pens ion Fund for the purpose of paying statutory be n e fi ts to volunteer firefighters under conditions as provided by title 3 1, a rticl e 30 . par t 4, C .R .S ., 1973 . 8 . Benefits for all volunteer firefighters retired before December 3 1, 197-1 , shall be expended from funds received from the State in the annual allotme nt provide d in title 31, article 30, part 4 , C .R .S ., 1973 . C. Beginning January 1, 1975, the City s hall make contributions t o the Vo luntee r F irefighters Pension Fund as determined nece ssary to annually fund the pension benefit accumulations of the volunteers . The contribution s hall be based on an actuarial study to be done at least every three (3) years . P e n s ion benefits to volunteers retiring after January l , 19 75, will be paid fr om these contributions. 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 we lfare of t he public, and that this Ordinance is necess ary for the preservati on of health and s afe ty and for the protection of public convenience and we lfare . The City Co uncil further determines that the Ordinance bears a rational relation to the proper legi slative object sought to be obtained. Section 3. Severabjlity If any clause, sentence, pa r a gra ph, or part of th is Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid . such judgment s hall not affect impair or invalidate the remainder of this Ordina nce or its application to other persons or circumstances. Section 4 Inconsistent Orrljnancc:s 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. -2- • ' . .. ·. ... I • 0 - • • • .. • , .. J .. _ .... _."' • • .. Section 5. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall 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 b e rendered entered, or made in such actions, suits, proceedings. or prosecutions. $ectjon 6. f.ena.itl:. The Penalty Provision of E .M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full, and passed on first reading on the 16th day of August, 1999. Published as a Bill for an Ordinance on the 20th day of August, 1999. Thomas J . Burns, Ma yor ATI'EST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full , and passed on first reading on the 16th day of August, 1999 . Loucrishia A. Ellis -3- • ,. . .,_ .. .. " ', I ' I • 0 . ]- "" _____ " -----------------------------------------. ORDINANCE NO ._ SERIES OF 1999 • • BY AUTHORITY A BILL FOR .. .. ' ' j[Jo..,j,"1 COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEl\IBER ______ _ AN ORDINA."ICE AUTHORIZING THE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD FIREFIGHTERS' PENSION PLAN DOCUMENT, WHICH PROVIDES A DEFERRED RETIREMENT OPTION PLAN (DROP) BENEFIT FOR THE PARTICIPANTS OF THIS PLAN . WHEREAS, this proposed Ordinance allows the adoption of an amended Englewood Firefighters' Pension Plan to comply with State Statutes, Federal guidelines and to provide a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan; and WHEREAS , this proposed Ordinance provides plan participants with the option of participating in a Deferred Retirement Option Plan (DROP); and WHEREAS , this proposed Ordinance does not substantially change the current level of pension benefits for the "old hire" firefighters ; and WHEREAS, the amended Plan mirrors the current benefits as defined in Colorado State Statutes, Federal guidelines and provides a Deferred Retirement Option Plan (DROP) benefit for the participants of the plan; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of an amended "City of Englewood Firefighters Pension Plan -as amended and restated effective January 1, 1999," attached hereto as "Exhibit A," and said Plan is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "City of Englewood Firefighters Pension Plan -as amended and restated effective January 1, 1999," for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 16th day of August, 1999. -1- "'· · .. ) I • 0 32 I - • • '; ~ ' • • • • •• COUNCIL COMMUNICATION .. ' ' . Date Agenda Item Subject A bill for an ordinance adopting the City of Englewood Firefighters Pension Plan August 16 , 1999 10 a iii Document (the Plan) Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed this issue at a study session held on September 8 , 1998. Council gave staff direction to proceed with this bill for an ordinance. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the "old hire" firefighters . The Plan document mirrors the current benefits as defined in Colorado State Statutes . The ordinance provides plan participants the option of participating in a Deferred Retirement Option Plan (DROP). The document provides an increased additional death benefit of $500 for participate firefighters. The Plan document is amended to comply with state statutes, federal guidelines and provide a Deferred Retirement Option Plan (DROP) benefit for the participants. No other alternatives were considered. FINANCIAL IMPACT This action will cost the Firefighter Pension Fund an estimated $21,200 . The Fund is currently fully funded . LIST OF ATTACHMENTS Proposed bill for an ordinance " .,, .. I· 0 32x I - .. • .. • .. ... .. Published as a Bill for an Ordinance on the 20th day of August, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, rea d in full, and pasaed on first reading on the 16th day of August, 1999. Loucrishia A . Ellis -2- ., \ ., . ... ' I • 0 - 02-29144.07 • • • • .. CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAi.'-1 <AS A..'\1ENPED AND RESTATED JANUARY I 1999) ... .. ' .. .. a: X H I B I T A .. I . 0 32 • • • PREAMBLE ARTICLE I ARTICLE II ARTICLE ID ARTICLE IV ARTICLE V ARTICLE VI 02-29144.07 r. ~ ...-- • • - City of Englewood Firefighters Pension Plan .. .. .. (As Amended and Restated Januarv I, l 999) TABLE OF CONTENTS Page No . Purpose and Definitions ......................................................................... I-1 Section 1. Purpose ... . ...................................................................... I-1 Section 2 . Definitions . . ............................................................... I-1 Section 3 . Construction ................................................................. I-4 Service Credit .. . . ................................................................ II-l Section I. Service . . .. . ......................................................... il-1 Section 2 . Break in Servi ce ...................................................... Il-l Section 3 Military Service ................................................... II-I Section 4 . Frac:io na l Ye:irs . ... ............................. .... . ..... ll-l Partic ipat io n Requ ireme :ns .. . . ......... ... ... . ............ rII-1 Section I. Part ic ipati on Orig inating Cnder the Pre vious P lan ............ ill-I Section 2 . Cessat io n of Participation and Reentry ..................... rII-1 Section 3 Effect of Disabil it or Death Benefits Payable From Another Plan ................................................................ Ill-1 Contributions ............................................................................... IV-I Section I. Contributions by Employer and the State o f Colorado ..... IV-I Section 2 . Contributions by Partic ipants ......... ... ... .. . . .. . .. . . . .. . . IV-I Section 3 . Partic ipant Contribut io ns P icked Up by Emplo yer.. . . . . .. IV -! Pension Benefits .................................................................................. V-1 Section 1. Normal Pension Commencement . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. V-1 Section 2 . Normal Pension :\mount .................................................... V-1 Section 3 . Section 4 . Deferred Vested Pension Commencement ......................... V-2 Deferred Vested Pension Amount ................................... V-2 Section 5. No Decrease in Benefits ..................................................... V-.3 Section 6 . Increases in Benefits .......................................................... V-3 Section 7 . Required Distribution of Retirement Benefits ..................... V-3 Section 8. Deferred Retirement Option Plan (DROP ) ...................... V-3 Form of Payment ................................................................................ VI-I Section 1. Normal Form of Pension -Single Life .............................. VI-I Section 2 . Optional Forms of Benefit ................................................ VI-I Section 3 . Qualified Joint and Survivor Benefit Option ..................... VI-I Section 4 . One Hundred Percent Joint and Survivor Benefit Option .............................................................................. VI-2 Section 5 . Fifty Percent Joint and Survivor Benefit Option ............... VI-2 Section 6 . Five Year Certain and Life Benefit Options ...................... VI-2 Section 7 . Beneficiary ....................................................................... VI-3 (i) ' . ~ . I • 0 - ARTICLEVIl ARTICLE VIlI ARTICLE IX ARTICLE X ARTICLE Xl ARTICLE XIl ARTICLE XIII • ARTICLE XIV • ARTICLE XV 02-29144.07 • ,. • , .. .. • - .. •, .. ' ' Death Benefits ..................................................................................... VII-I Section 1. Death Benefit for Surviving Spouse or Dependent Parent ............................................................................. Vll-1 Section 2 . Death Benefit for Dependent Children ............................ Vll-1 Section 3 . Death Benefit after Eligibility for a Deferred Vested \ill-Pension ..................................................................... VII-! Section 4 . Proof ofDeath ................................................................. Vll-2 Section S. Additional Death Benefit ................................................. \111-2 Contribution Accumulation Refunds .................................................. VIll-1 Section 1. Contribution Accumulation Refund to Participant .......... VIll-1 Administration by Board ofTrustees .................................................... IX-I Section 1. Establishment and General Duties .................................... IX-! Section 2 . Members .......................................................................... IX-! Section 3 . Terms ............................................................................... IX-I Section 4 . Meet ings . ... ... .... .......... ...... ......... ........... . .. . ............ IX-! Sect ion 5. Quorum ............ ...... . ..................... .. ... .. . ......... . .. IX-2 Section 6 . Majority Vote ........................................................... IX-2 Section 7 . Compensation .......................................................... IX-2 Section 8 . Rules and Regulations ................................................... IX-2 Section 9 . Powers .......................................................................... IX-2 Section 10 . Decisions ................................................................... IX-3 Sect ion 11. Report of Board ............................................................. IX -3 Trust Fund .......................................................................................... X-1 Section 1. Establishment of Trust Fund ....... . ...... . ...................... .X-1 Sectio n 2 . Payment of Contributions to Trust Fund .................... X-1 Speci al Go vernmental Requireme:m ... ........ . .. . .. .. . . ...... Xl-1 Section 1. Maximum Annual Be:1efit Cnder Code Secti o n 4 15 ........ Xl-1 Guarantees and Liabilities .................................................................. Xll-1 Section 1. Nonguarantee ofE:nployme:1t ......................................... Xl1-l Section 2 . Rights to Trust Asset s .................................................... Xll-1 Section 3 . Nonalienation of Benefits ............................................... Xll-1 Amendments ...................................................................................... Xlll-1 Section 1. Right to Amend .............................................................. Xlll-1 Withdrawal and Termination ............................................................. XIV-! Section I. Plan Termination ........................................................... XIV -! Section 2 . Allocation of Assets Upon Plan Termination ................. XIV-! Section 3 . Manner of Distribution ................................................. XIV-! Section 4. Amounts Returnable to the Employer ............................ XIV-1 Section S. Applicable Law ............................................................. XIV-2 Direct Rollovers .................................................................................. XV -1 Section 1. General ........................................................................... XV-! Section 2 . Definitions ...................................................................... XV-! (ii) '• .. I • 0 - • • ' . ... .. • • •• ' City ofEnglewood Firefighters Pension Plan <As Amended and Restated Januarv 1 1999) PREAMBLE .. ... WHEREAS , the Employer had previously established a pension plan under State statutes for its firefighters (hereinafter referred to as the "Previous Plan"); and WHEREAS, said organization now desires to amend and continue the Previous Plan by a separate restatement in its entirety and the right to so amend is reserved to said organization under the provisions of the Previous Plan ; NOW, THEREFORE. the Previous Plan, which was maintained by the Emplo yer under Title 31. Article 30 , Part 4 of the Colorado Re vi sed Statutes , is hereby restated, and amended in its entirety, superseded and replaced by this separate restated Plan . There will be no termination and no gap or lapse in time or effect between such Plans, and the existence of the Plan shall be continuous and uninterrupted . This restated Pension Plan is conditioned upon its qualification under Section 40 J(a) of the Internal Revenue Code of 1986. as amended from t ime to time . The terms and conditions of this restated Plan are as follows : 02-29144.07 ·~- . ' ) I • 0 32>< .]- • 02-2'144.117 • ' , .. 1,, ... ~. . ' ' .... .. • • •• . ' ' ', ... I • 0 32X • • .. ,.,.. . • ... • - ARTICLE I Pua>9se and Definitions .,.S""'ec"-'t"'io...,n.,_,_1.~~P,._u,.,rp,...,,o""se=: The purpose of this Plan is to provide retirement and incidental benefits for all Employees (as hereinafter defined), their surviving spouses, dependent children and dependent parents, who complete a period of faithful service and otherwise become eligible hereunder. The benefits provided by this Plan will be paid from a Trust Fund established in coMection with this Plan. This Plan and the separate related Pension Trust forming a part hereof are established and shall be maintained for the exclusive benefit of the eligible Employees and their Beneficiaries Except as hereinafter provided, no part of the Trust Fund can ever reven to the Employer, or be used for or diverted to purposes other than the exclusive benefit of the Employees and their Beneficiaries . .. S"'e.,.ct.._io""n"-"'2~. _ _...D"'e'"'fi'""n"'it,.,.,io...,n=s: Where the following words and phrases appear in this Plan , they shall have the respective meanings set forth below, unless their context clearly indicates to the contrary: a . Accrued Pension : The Pension determined under the Plan expressed in the form of a monthly benefit commencing at Normal Retirement Dace ( or date of actual retirement iflater), which an Employee has accrued at any time under the provisio ns of the Plan, regardless of his vested status, determined as ifhe had then terminated employment. b . Actuarial (or Actuariallv) Equivalent : Equality in value of the aggregate amounts expected to be received under different manners of payment based on interest rate and mortality assumptions, in effect on the date as of which the benefit is to commence, as such assumptions are defined below unless otherwise specifically provided in the Plan . 02-29144.07 Interest rate assumption -The interest rate assumption used for purposes of computing optional forms of benefit payments shall be seven and one-half percent (7 1/2%). 1-1 ' '- • I I • 0 • • -• • • - ... Monalitv assumption - (l) Effective July 1, 1999, the mortal ity assumpr :cn used for purposes of computing optional forms of benefit payme:its shall be a unise x rate that is 50% male, 50% female , taken from the 1983 Group Annu ity \!ortaliry Tab le . Prior to Jul y l , 1999 such mortality assumption shall be th e L "'P-198-. \fortal it y Table . (2) Solel y for purposes of Article XI hereo( on and after January 1, 19 95 , the mortality assumption for calculation shall be a unisex rate that is fifty percent (50%) male, fift y percent (50%) female . take:, from :he 1983 Grou p Annuity Mortality Tab le . c . Board : The Bo ard of Trustees established uncer . .\r.ic !e IX hereof. d. C od e or Internal Re venue Code : The Interna l Reve:a :e Code f 1986, 26 t:SC ( 1986), as amended from time to ti me . e Compensation : All base pay received by the Part ic :p ant fo r his C overed Em ployment . including. longevit y pay. holiday pa y , sick pay . vac:n:on pa y taken in the normal course of employment, shift differential , but C o mpensat io n shal l exclude compensation for overtime (or compensation in lieu of overtime requ ired under the Fai r Labor Standards Act. except Compensatio n shall include compe:1sa1:o n o nly for t~ose premium hours required to be paid, based on the current seventy-two (i2) ho ur. nine-day reoccurring work cycle), clothing allowance, lump-sum amounts paid in lieu of accumulated vacation, holiday s and sick leave, acting pay. and compe:isatio n imputed as a result of the Participant 's use of the Emplo yer 's au tomobile A Par.icipant 's Compensation shall include any amounts deferred as to such Part ic ipant Code Section 125 , Code Section 457 or under Code Sect io n 414(h ), exce pt to the extent such amounts would be excluded under the immediately preceding sentence C ompe:1sat io n taken int o account under the Plan shall not exceed $2 00,000, adjusted fo r changes in the cost-of-livi ng as provided in C ode Sectio n 41 S(d). for the pur;,ose of calculating a Participant's Accrued Pension (i ncluding the right to any optional be:1efi t provided under the Plan) for any Plan Year commencing after December 3 I , 1988 . In addition to other applicable li mitations set forth in the P lan. and notwithstanding any other provision of the Plan to the contrary, for Pla n Years be gi nnin g on or after January 1, 1996, the annual compensation of each ·'None!igible Participant" taken into account under the Plan shall not exceed the Omnibus Budget Reconcili ation Act of 1993 ("OBRA '93") annual compensation limit. The OBR..\ '93 annual compensation limit is $150,000, as adjusted by the Comm issio ner for increases in the cost of living in accordance with Code Section 40 l (a)( l 7)(B ). The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined (determination period) beginning in such calendar year . If a determination period consists offewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12 . A 1-2 ) I • 0 • • • .. ~ .,-. • ... • -.. "Noneligible Partici pant" is any Participant who first became a Participant in th e P lan during a Plan Year beginning on or after January I , 1996 . Effective January I, 1989, through December 31, 1996, in determining the Compensation ofa Participant for purposes of this limitation, the rules of Code Section 414(q)(6) shall apply, except in applying such rules, the term 'famil y' s hall include only the spouse of the Participant and any lineal descendants of the Participant who have not attained age 19 before the close of the year, effective January 1, 19 89 through December 31, 1996, if, as a result of the application of such rules the adjusted annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's Compensat:on as determined under this Section prior to the application of this limitation. f. Contribution Accumulatio n : The Participant 's aggregate contributions, plus five percent (5%) simple interest on the total amount . i · Covered Empl ovment : The employment category fo r which the P lan is maintained. which is full-time , salaried employment >with the Employer as a paid member of the Empl oyer's Fire D ivision. serving at least one thousand six hundred ( 1.600) hours in any calendar year, and which includes all firefighters within the F ire Di v is io n hired prior to April 8, 1978 E xcl uded are leased employees within the meaning of Code Sectio n 414(n)(2). h. D isabilitv o r Di sabled : A physical or mental condition w hich, in the judgment of the board of the F ire and Police Pension Association, totally and presumabl y permanently prevents an Employee from performing the duties of any occupation for which the firefighter . by reason o f his educat io n. train ing and experience. would be capable of performing, but for the injury or illness involved . In determining whether any firefighter is so permanentl y disabled, any disability, and an y known injury or illness, which pre-existed the firefighter 's emplo yment w ith the City of Englewood, shall be disregarded . I. Effective Date January 1. 1999. j Emplovee An y person whose Covered Employ ment with the Employer commenced prior to April 8, 19 78 , and who, on and after the Effective Date, is receiving remuneration for Covered Employ ment or would be receiving such remuneration except for a dul y authorized absence. Included are leased employees within t he meaning of Code Section 414(n)(2). Notwithstanding the foregoing, if such leased employees constitute less than twenty percent (20"/o) of the Employer's nonhighl y compensated work force within the meaning of Code Section 414(n)(5)(C)(ii), the term "Employee" shall not include those leased employees covered by a plan described in Code Section 414(n)(5) . k . Em plover· City of Englewood, Colorado. I. Final Monthlv Compensation: The Compensation earned by a Participant during his last full month of Covered Employment; except Final Monthly Compensation Ol-29144.07 1-3 • ., · . ) I • 0 . ] • • .. • -• !• .. ' .. • - ... cannot be less than the average monthly compensation earned by the Participant during the last twelve (12) full months of Covered Employment . m. Limitation Year· The year used in applying the limitations of Code Section 415 , which year shall be the calendar year. Notwithstanding the Effective Date hereof, such limitations, as set forth in Article XI, Section 1. hereof, apply beginning with the first Limitation Year beginning after 1982 . n. Normal Retirement Date: The date when a Participant has attained his fiftieth (50th) birthday and has completed twenty (20) years of Service. o . Participant : An Employee who meets the eligibility requirements for participation in the Plan as described in Article ill hereof p . Pension : A series of monthl y amounts which are payab le to a perso n who is entitled to receive benefits under the P lan . g . Plan : City of Englew ood Firefighters Pension Plan (A s Amended and Restated January 1, 1999), as amended from time to time . r . Plan Year· The twelve (12) month period beginning on January 1 and ending on December 3 1. s. Previous Plan : Firemen 's Pension Plan of the City of Englewood or City of Englewood Firemen 's Pension Plan, in force and effect (under Title 31, Article 30 .5 (and prior to May 23 , 1996, under Title 31 , Article 30, Pan 4 ) of the Colorado Revised Statutes) for the period prior to the Effective Date, the Plan hereb y being amended and restated. Any reference herein to the Previous Plan as of a certain date or for a certain period shall be deemed a reference to the Previous Plan as then in effect . t. Service : A person · s period or periods of employment as an Employee used in determining eligibility, or the amount of benefits, and described in Article II hereof u . Trust or Trust Fund : The fund maintained to provide the benefits called for under this Plan, as described in Anicle X hereof ... S .. ect=io.,,n.,_,,_3.~_C=o,.,.ns.,,t""ru...,ct=io=n: The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender; the singular may include the plural ; and vice versa, unless the context clearly indicates to the contrary. 02-29144.07 1-4 ', " • I I • 0 ... • • • .. • ,, .. • - ., ARTICLE II Service Credit =S~ect=io=n~1~.-~S~e~rvt~·=ce=: Service is the period of employment used in determining eligibility for benefits. An Employee's total Service credit shall be : a . His total period of Covered Employment with the Employer, subject. however, to Article 11, Section 3 below; and b . Any prior period of employment, before April 9 , 1978 , with another tire department which maintains a firefighters pension fund under the laws of the State of Colorado , such prior period of employment to be credited in the same manner and to the same extent as Service with the Employer, subject. however, to Article Il, Section 3 below; and C. Section 2 Any credit called for under federal law for an absence due to military duty Break in Service : An Employee shall have a Break in Seivice if hi s Covered Employment with the Employer is terminated . An Employee's authorized leave of absence, or a leave 0 due to disability as defined at Article I, Section 2h, shall not result in a Break in Service; howev er. the Employee will not receive any Service credit during such an absence. Effective as of August 5, 1993 , a leave of absence pursuant to the Family and Medical Leave Act of 1993 shall not be considered a Break in Seivice; however, the Employee will not receive any Service credit during any such absence without pay . Section 3 . Militazy Seivice: Notwithstanding any provision of the Plan to the contrary, contributions, benefits and Service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). Section 4 . Fractional Years: In determining Service credit, Seivice for fractional years shall be allowed on the basis of one-three hundred sixty-fifth (11365th) of one year for each full day of such Service. 11-1 "I · . I • 0 - • t • .. • .. • •• .. ... ARTICLE ID Participation Reguirements Section 1. Participation Originating Under the Previous Plan : Employees in Covered Employment who were Participants in the Previous Plan immediately prior to the Effective Date shall automatically become Participants in this restated Plan as of the Effective Date. Section 2 . Cessation of Participation and Reentrv : If a Participant leaves Covered Employment, he will cease his participation in this Pl~ and will not again become a Panicipant. (Recommencement of Covered Employment results in coverage under a statewide pension system under Title 31 , Article 31 of the Colorado Revised Statutes (and prior to '.\!la y 23 . 1996, under Title 31 , Article 30 , Pan 10 of the Colorado Revised Statutes)). Section 3. Effect of Disability or Death Benefits Pavable From Another Plan : If a disability or death benefit is payable to or with respect to a Participant in accordance with Section 31-31-803 or Section-31-31-807, Colorado Revised Statutes (and priorto May 23 , 1996, Sections 31-30-1007 or 31-30-1008 , Colorado Re vised Statutes), then no benefit shall be payable from this Plan to or with respect to such Participant . ID-I Ol·l9144.Cl7 ' . .. ,. .. "' ~ .. .. • ... ) I· 0 32X .... • • • .. • --· • , .... .. • • ... ... ARTICLE IV Contributions Section 1. Contributions bv Emplover and the State of Colorado : The City of Englewood shall make contributions to the Trust Fund adequate to finance the benefits provided by the Plan on a sound actuarial basis . The required contributions to the Plan shall be determined by a competent actuary . The amount of contribution shall ne ver be less than the amount required by Colorado state statute or Fire and Police Pension Association rules and regulations. Contributions may also be received hereunder fr o m the State of Colorado in accordance with applicable state law , or from an y person . Contribu tions may be rece iv ed by gift , grant, devise or bequest , in the form o f mone y. persona l prope rty. re:i l estate or an y interest therein and ma y include all moneys, fees , rewards and emoluments. exc ept firefighters ' sa laries. of every nature and description that may be paid or given to the F ire Divi sion o r an y of it s members . Any amounts given to the Employer 's Fire Division or to an Emplo yee in his capac it y as a firefighter, except as his salary, may be received as a cont ri but io n hereunder All such contributions shall be used to pay benefits under the Plan or to pay ex penses of the Plan and Trust and shall be irrevocable, except for any amounts remaining after satisfying all liabilities of the Plan . Forfeitures arising because of severance of employment be fo re the Panicipant becomes eligible for a Pension or for any other reason shall be applied to reduce t he costs of the Plan, not to increase the benefits otherwise payable to the Panicipants. Section 2 . Contributions bv Panicipants : Each Plan Panicipant shall contribute toward the cost of providing benefits under this Plan by payroll deductions at the rate of five percent (5%) of the Participant's Compensation each month . Section 3. Participant Contributions Picked Up by Emplover: Participant contributions made on or after the effective date of the DROP under Anicle V, Section 8, and 02-291 ... 07 lV-1 . .. ' ' ' • 0 ) I • 0 - • t • • .. -• .. .......... • -. -.. .. solely while a Participating DROP Member, as defined in Article V, Section 8, shall be picked up by the Employer. The contributions so piclced up by the Employer shall be treated as Participant contributions for purposes of this Plan even though such contributions are treated as Employer contributions for income tax purposes in accordance with Code Section 414(h). For purposes of this Section only, the Compensation (as defined in Article I, Section 2 .e) that a Participant would otherwise receive for Covered Employment shall automatically be reduced by an amount equal to the contributions so picked up for such Participant . 112-29144.0'7 IV-2 , . ·~· .. ,.. ,: ' ... • I .. I . 0 • • • .. ~ -• . . ... ... . , • -.. ' ARTICLE V Pension Benefits Section 1. Normal Pension Commencement : A Participant hereunder shall be entitled to his Accrued Pension if his Covered Employment with the Emplo yer is terminated on or after his Normal Retirement Date. " Any Participant who desires to retire from Covered Employment and receive a Pension from this Plan shall submit a written application to the Board, which application shall set fonh the facts entitling such Participant to a Pension hereunder. The application shall specify the time, neither less than thiny (30) nor more than on e hundred e ighty ( 180) days subsequent to the filing of the application, when the Panicip ant desires to be re tired The Board shall act upon such application if the Panicipant is ent itled to ret ire . and shall notify the Emp loy er of such action . The action of the Board shall be completed at the next schedu led Board meeting following the filing of the application . Payment ofa Normal Pension will commence the last day of the month coincident with or next followi ng the Panicipant 's actual Reti rement. or as soon thereafter as administratively practicab le . If a Part ici pant retires pr io r to the last day of the month , his first payment hereunder shall include a panial payment prorated fr om his date of retirement to the end of the month . Section 2 . Normal Pension Amount : A Participant who meets the requirements for his Accrued Pension shall receive an annual pension (payable monthl y) which is equal to : Two and one-half percent (2 1/2%) of the Participant 's Final Monthly Compensation multiplied by the Participant's first twenty (20) years of Service, plus one percent (1%) for each additional year of Service, to a maximum of sixty-five percent (65%) of Final Monthly Compensation . 02-29144.07 V-1 ' .. • ... ) I • 0 - • • ~ ,,.--· • .. .. •, • -' ... Section 3. Deferred Vested Pension Commencement : A Panicipant hereunder shall be eligible for a Deferred Vested Pension if his Covered Employment with the Employer is terminated prior to his eligibility for a Normal Pension but after he becomes vested in a Pension benefit under the following vesting schedule : Vesting Schedule A Participant's vested interest is determined, according to the Panicipant 's years of Service, as follows : Participant 's Years of Service Less than 5 5 or more Vested Percentage of Participant 's Ac crued Pensi o n 0'% 100% Service as used in Article V, Sections 3 and 4 shall include on ly the Participant 's period of employment with the City of Englewood. Payment of a Deferred Vested Pension shall commence as of the first da y of the month next following the Participant 's anainment of age fifty (SO ) if he is living ; however, if the Participant requests a refund of his Contribution Accumulation unde~ .l.rticle VIII , Section I b hereof, he shall forfeit such Deferred Vested Pension . If a Participant retires pursuant to this Section prior to the last day of the month, his first payment hereunder shall include a partial payment prorated from his date of retirement to the end of the month . Section 4 . Deferred Vested Pension Amount : A Participant who meets the requirements for a Deferred Vested Pension shall receive a monthly amount equal to : Two and one-half percent (2 1/2%) of his Final Monthly Compensation multiplied by his first twenty (20) years of Service with the Employer, plus one percent (1%) for each additional year of Service, to a maximum of sixty-five percent (65%) of Final Monthly Compensation . V-2 • ~ ' .. . . • ... I • 0 - • • • .. ,. .,.. . • ' . .. .. .... • -.. Section 5 No Decrease in Benefits : This restated Plan shall not result in the decrease of benefits accrued by any Panicipant under the Previous Plan immediately prior to the Effective Date of this restated Plan . Section 6 . Increases in Benefits : Provided that the Trust Fund is properly funded as provided in Article IV hereof, and upon recommendation of the Board, the City Council of the City of Englewood may annually vote upon and approve an increase in the Accrued Pension being paid to any Panicipants receiving benefits under this P lan. In the event of a flat do llar increase in benefits, such an increase for a surviving spouse or dependent parent or payments receiving payments pursuant to Article Vll. Section I.. shal l be equal to o ne-t hird (1/3 ) o f t he flat dollar amount . Section 7. Required Distribution of Retirement Benefits : Effective January I. 199'.:. notwithstanding any provision of the Plan to the contrary, pursuant to Code Sectio n 4 0 1 (a)(9), payment of benefits shall commence not later than the later of April I of the calendar year following the calendar year in which the Panicipant anains age se vent y and o ne-ha lf (70-11 2), or terminates employment . Sec ti on 8 Deferred Retirement Ootion Pla n (DROP). a. Effective Date : Notwithstanding Article I , Section 2 .i., the provi sions of this Section 8 . shall be effective on the first day of the month which falls at least thirty (3 0) days after the date of receipt of a favorable determination Jette:-from the Internal Re venue Service for the Plan . "-b __ ....,T...,it,.,.le=: The program set forth in this Section 8 . may be referred to as the "DROP ." c Applicability : The provisions of this Section are applicable with respect to those otherwise eligible Panicipants of the Plan whose election to participate in the DROP occurs on or after the effective date contained in Section 8 .a .. of this Article V . An "Eligible Participant" is any Panicipant who has attained the Normal Retirement Date in accordance with Article I, Section 2 .n . A "Panicipating DROP Member" is any Eligible Panicipant who has elected to participate in the DROP as provided by this Section 8 . V-3 ' . ) I • 0 • • -• .. ,,..-·· • ... • •• d . Purpose : The purpose of the DROP is to allow an E iigible Panicipant to elect, in lieu of immediate termination of employment and receipt of Pension. to continue employment for a specified period of time and to have the Eligible Panicipant's contribution under Article IV and Pension paid into the DROP account until the end of such specified period of the Participating DROP Member's participation, at which time employment is to cease. An Eligible Partici pant must choose a Single Life Pension or one of the retirement options provided in Article vl at the same time the Eligible Participant elects to participate in the DROP . e . Participation : An Eligible Panicipant may participate in th e DROP only once. An Eligible Participant may elect to participate in the DROP u pon filing of written notification with the Board not less than sixty (60) nor more than ninety (90) days prior to the date of intended panicipation. f Tenn : The dumion of a Participating DROP '.'vlember' s panicipat io n in the DROP shall not exceed a t0tal of fi ve years .. -\s a condition precedent to participation in the DROP, the Participating DROP \!ember shall execute an irre vo cable agreement with the Employer in the form prescribed by the Board. which shal l. am o ng ther items, clearly and unequivocall y state that the Partici pating DROP \,!ember mus; re:ire no later than the date prescribed in the agreement which may not exceed the fifth ann i\·ersary of the Participat ing DROP Member· s partic ip ation in t he DROP , and the Participating DROP Member shall also acknowledge that no disbursement of an y DROP funds can occur absent the retirement or death of the Participati ng DROP '.'vlember g . Interruption of Participat ion · If the Participat ing DROP Mem b er ·s participation in the DROP is interrupted by military service. there shall be no interruption of membership in the DROP . Such a Part icipating DROP \<lember·s Pension shall continue to be paid into the Participating DROP Member's DROP acc ount whi le in military service for the balance of the five-year max imum term elected by the DROP Member under subsection f Cpon return to empl oy rr.ent with the E mployer. the Participat ing DROP Member shall be gi ven th e opportunity to make up the Part icipa nt contributions under Article IV that would have been made to his DROP account were he not in military service in accordance with Code Section 414(u). In no ev ent, howe ver, will the tenn of participation of a Participating DROP Member exceed the tenn elected under subsectio n f. h . Effect on Partici pation in the Plan : l.Jpon commencement of the Eligi ble Participant 's partici pation in the DROP , a Participant 's Service credit, Final Monthly Compensation and his Accrued Pension shall be frozen . A Participating DROP Member shall not share in any subsequent formula improvements. However, a Panicipating DROP Member shall share in any ad hoc increase granted to retired Participants . i. Contribution : Upon commencement of the Eligible Participant 's participation in the DROP, the Pension provided in Article V and the Participant 's contribution provided in Article IV shall be paid into the Participating DROP Member's 02-29144.07 V-4 ' . .. • J I • 0 • • • ·· .. " .. • • ... DROP account. In no case shall the Employer contribution, provided for in Article rv, Section 1., be used to fund the DROP . The Pension transferred or paid to a Panicipating Member's DROP account shall not constitute annual additions under Code Section 41 5. j. Administration of DROP Assets : The DROP assets shall continue to be commingled for investment purposes as part of the Plan and shall be credited w ith net investment earnings and losses at the same rate as other asse!s in the Plan . The Board of Directors of the Fire and Police Pension Association shall be authorized to charge each account a fee for administration of the DROP. A DROP account shall be established for each Participating DROP Member. Such DROP account shall be adjusted, no less frequently than annually for contributions, distributions and net in vestment earnings and losses. k. Regulations : The Board is authorized to adopt rules and regulations governing the DROP . I. Fees : If the DROP account shall be subj ect to an y fees or ch arges o f an y kind, such fees or charges shall be charged to the Part icipat ing DROP Mem ber 's acc o unt . m. Form of Pavment : For purposes of this Section 8 ., a "Retiree .. is a Panicipating DROP Member who terminates employment or reaches the fi ve-year lim it for participation in the DROP. A Retiree must choose one of the following forms of payment from the individual 's DROP account : (I) Deferred Pavment : Distribution from a DROP account may be deferred until a date designated by the Retiree . When designating the date upon which distributions shall commence, the Retiree must also designate the form of payment from one of the availab le options. Regardless of the date chosen by the Retiree, all distributions must commence no later than the year in which the Retiree attains the age of70 Y:: {2) lumo Sum : A one-t ime distribution of the Retiree's entire account balance, including a direct rollover under Article XV ; {3) Periodic Pavments Desianating an Amount : Distribution of the Retiree 's account balance by monthly payments in an amount designated by the Retiree, until the entire balance of the account is distributed ; {4) Periodic Pavments for a Designated Period of Time : Monthly payments to the Retiree for a period designated by the Retiree. The payment will be calculated such that upon the occurrence of the last monthly payment, the entire balance of the account will be distributed ; {5) Initial Minimum Required Distribution : Account balance is distributed as periodic payments that are calculated based on the Retiree's life expectancy (and the life expectancy of the Retiree 's designated beneficiary if applicable); or V-5 , . I • 0 • • -• .. ,. ,,--. • ·. ,. • - (6) Combination of Lump Sum and Periodic Pavments : An initial lump sum payment of an amount designated by the Retiree, followed by a designation of a number of subsequent monthly payments or an amount payable on a monthly basis. Regardless of the form of payment the Retiree chooses, the minimum distribution amount will be determined and made in accordance with Code Section 40l{a)(9) and the regulations thereunder, including minimum distribution incidental death benefit requirement of Proposed Regulation Section L40i (a)(9 )-:. The minimum distribution is recalculated annually on the basis of the life expectancy of the Retiree and the Retiree 's designated beneficiary, if applicable. If elected in writing before the required beginning date under Code Section 40 l(a)(9) by the Retiree , and/or the Retiree· s spouse. if applicable, the life expectancy of the Retiree and/or the Retiree 's spouse shall be recalculated annually . If the Retiree makes no selection as to form of pa yment wit hi n 30 da ys after th e termination of employment or expiration of the fi ve-year li m it for pan icipa t io n in the DROP, a lump sum pay ment shall be made . All distributions need to follow the d ist ri bu tion guid eli ne s from th e Ftre a nd Police Pension Association . n. Panicipatimz DROP Member 's Deat h, Sp o usa l Bene fi ciarv · If the Panicipating DROP Member dies during the pe~iod of the Panic ipat ing DROP :\!ember's participation in the DROP and the Panicipating DROP \!ember 's des ignated beneficiary is the Panicipating DROP Member 's surviving sp o use t o whom the Panicipating DROP Member was legally married at the time of the Panicipat ing DROP \·!ember 's death. the Participating DROP Member 's designated benefic iary sha ll re ceive , at the benefic iary's option, a lump sum pay ment from the deceased Partic ipating DROP \!ember 's individual DROP account balance , or equal month ly installment payments fr o m the deceased Panicipating DROP Member's individual DROP account o ver a period not to exceed the spouse 's life or life expectancy Ifno select ion is made by t he desi g nated beneficiarJ within 60 days after the death of the Panicipating DROP \!ember, a lump sum payment shall be made . o . Panicipating DROP Member 's Death · '.'i o n-Spousal Beneticiarv : A married Panicipating DROP Member may designate someone other than his spouse to be a primary beneficiary, provided spousal consent as prescribed in Anicle \tl, Section 7 ., is obtained . If the Panicipating DROP Member dies during the period of the Participating DROP Member's participation in the DROP, and the Participating DROP Member's designated beneficiary is someone other than the Panicipating DROP Member 's surviving spouse to whom the Participating DROP Member was legally married at the time of the Participating DROP Member's death. the designated beneficiary shall receive a lump sum payment equal to the deceased Participating DROP Member 's individual DROP account balance. 02·29144.07 V-6 • • I • 0 • • • , .. .. ...... ,. • • - .. .. p. Participating DROP Member's Death · No Designated Beneficiarv: lfthe Panicipating DROP Member dies during the period of the Participating DROP Member's panicipation in the DROP, and the designated beneficiary has not survived the Panicipating DROP Member, the Panicipating DROP Member's estate shall receive a lump sum payment equal to the deceased Participating DROP Member's individual DROP account balance. q . No Impact of DROP Participation on Other Death or Disabilitv Benefits : DROP participation shall not affect any other death or disability benefit provided to a Panicipant under federal law, state law, city ordinance, or any rights or benefits under any applicable collective bargaining agreement . r. Retroactivitv <Back-DROP): For purposes of this Secti o n 8.r., "Retroactive Participation Date" means January I , 1999, or such later date, as would ha ve been on or after an Eligible Participant 's retirement date, but prior to the Effecti ve Date of the DROP, and which was selected by the Eligi ble Participant to com mence participation in the DROP . Notwithstanding Section 8.a ., of th is Anicle V. an E lig ible Plr:ici pant who would have qualified for the DROP on his Retroacti ve Participation Date, had t he DROP been in effect on that date, may elect to have his individual DROP account credited with a o ne- time lump sum payment . Such one-time lump sum pay ment shall equal the sum o f (1) the number of Pension pay ments which would have been payable prior to the Effective Date of the DROP, had they commenced o n the Panicipant's Retroactive Participation Date; plus (2) the number of months of Participant contribut io ns , which were made prior to the Effective Date of the DROP, commenc ing o n th e Part icipant 's Retroactive Participation Date (Such Participant contri b ut ions shall not be impacted by Article IV , Section 3 hereof ); credited with interest using the actuarial interest rate assumpt ion pro vid ed in Article I, Section 2.b . Such lump sum payment shall be made as soon as administrati vely feasible after the Effective Date of the DROP If a Part ici pating DROP Member elects to ha ve the one- time lump sum payment deposited into his DROP account, the five-y ear period specified in Section 8 .f of this Article V will begin to run, not on the date of such election, but on the Participating DROP Member's Retroactive Participation Date . 02-29144.07 V-7 • • l I • 0 • • -• Section 1. ' . .. .. • • - ARTICLE VI Fonn of Pavment .. ... Normal Form of Pension -Single Life : Unless otherwise elected under trus Anic!e VI, any Pension accrued under Anicle V hereof will be paid as a Single Life Pension. Under trus form of Pension, monthly payments are made to the Partici pant during the remaining life of the Participant. Section 2 . Optional Forms of Benefit : Effective January 1, 199 8, subject to such uniform rules and regulations as the Board ma y prescribe, and the restri~ions co nta ined in th is Anic!e VI, a Partic ipant may , in lieu of the Normal Form of Pensio n ab o ve, e lect o ne of th e following forms of benefit which shall be the Actuarial E qui va le nt of·he :\o nnal Form of Pension to wruch he would otherwise be entitled . The Participant must make an y e lect io n o f an Optional Form of Benefit in writing, and such election must be filed w it h the Board at least thiny (30) days prior to the due date of the first payment of benefits under the Plan . The elect ion of an option may be changed at any time p ri or to thiny (30 ) days preced ing th e due date o f the fir st payment of benefits under the Plan . However, an opt ional form of pay ment may no t be elected unless the value of the payments expected to be paid to the Partic ipant ex ceeds fift y perce nt (5 0%) of the value of the total benefits to be paid under such opti ona l fo rm . Section 3 . Qualified Joint and Survivor Benefit Option : The Qualified Joint and Survivor Benefit option provides an adjusted monthly benefit pa yment during the Partic ipant 's life ; and the spouse (to whom the Participant was married when his benefit commenced), if surviving at the Participant's death, shall receive thereafter for life a monthly benefit of fifty percent (50"/o) of the adjusted monthly amount paid to the Participant. Within a reasonable time before the Participant 's benefit commencement date hereunder, the Board shall provide to the Participant a written explanation of the terms and conditions of the 02-29144.07 VI-1 • ) I • 0 - • • • • ,. .- • J-•• ••• ... . , • -' Qualified Joint and Survivor Benefit set forth herein and the effect of refusing it . If the Employee wishes to elect a form of payment other than the Qualified Joint and Survivor Benefit, such election will not become effective unless his spouse (if he has a spouse who can be located) consents in writing to such election, acknowledges the effect of such election and has suc h consent and acknowledgment witnessed by a Plan representative or a notary public. A properly completed benefit election form (furnished by the Board) must be returned to the Board within thirty (30) days prior to the Participant 's benefit commencement date . If the Participant files another election form after the e:irlier form and prior to his benefit commencement date. the earlier form shall be annulled . Section 4 . One Hundred Percent Jo int and Survi vor Benefit Opt io n. T he o ne hu ndred percent (100°/c,) Joint and Survivor Benefit option provides reduced monthl y bene fit paym ents during the Participant's life, and upon his death after retirement, continues payments in the same reduced amount to a designated Beneficiary dur ing the life of such Benefi ci ary . Section 5. Fiftv Percent Joint and Su rv ivor Benefit Opti on: The fift y perce nt (50%) Joint and Survivor Benefit option provides reduced monthl y benefit payments during the Participant 's life , and, upon his death after retirement , continues payment in an amount equal to fift y percent (50"/c,) of the amount of such reduced payments to a des ignated Beneficiary during the life of such Beneficiary . Section 6 . Five Year Certain and Life Benefit Options : The fi ve (5) Year Certain and Life Benefit option provides adjusted monthly benefit payments during the Participant 's life, and upon his death after retirement within the sixty (60) month period, payments shall be continued to the designated Beneficiary for the balance of the sixty (60) month period . Ol-29144.07 VI-2 . ~ < . ' ) I • 0 - • • .. • .. •• .. .. ,,.S.,.,ectt~·o"'n...:.7~. __ B....,.,en,.,,e'""fi,.,.g.,,·ary~: Effective January 1, 1998, the Participant must designate his Beneficiary in writing. If a manied Participant wishes to designate someone other than his spouse to be a primary Beneficiary, such designation will not become (or continue to be) effective unless his spouse (if his spouse can be located) consents, in writing, to such designation ( or form of benefits) which may not be changed without spousal consent ( or the consent of the spouse expressly permits designations by the Participant without any requirement of further consent by the spouse), acknowledges the effect of such designation and has such consent and acknowledgment witnessed by a Plan representative or a notary public . Such designation shall be made in writing upon a form provided by the Board and shall be filed with the Board. The last such designation filed with the Board shall control. VI-3 • ,. . ,. ... I . 0 32X J-- ..... • • • Section I . t,., ... ~ .. ~ -• • • ARTICLE VII Death Benefits .. .. •, Death Benefit for Surviving Spouse or Dependent Parent : If a retired Participant who is receiving a Pension benefit hereunder shall die, leaving a surviving spouse or dependent parent or parents, such surviving spouse or dependent parent or parents shall be awarded a monthly annuity equal to the greater of: (a) one-third (1/3) of the monthly salary of a first-grade firefighter at the time of his death or retirement or (b) fift y percent (50%) of the monthly amount being received by the Participant at his death, so long as the surviving spou se or dependent parent remains unmarried . If such payment is to be made to two dependent pare:u s. it shall be divided equally between them. No dissolution of a subsequent marr iage shall ha ve t he effect of reinstating said spouse or dependent parent on the Pension roll or authorizing the granting of a Pension . A Pension shall be paid to the surviving parent or parents of a deceased retired Participant only if there is no surviving spouse or children . Section 2 . Death Benefit for Dependent Children · The Board shall direct a Death Benefit be paid to the surviving spouse or parent, or the legall y app ointed guardian, of each dependent child ofa deceased retired Participant who was , at the ti me of his death, receiving a Pension benefit hereunder . Such Death Benefit shall be a monthl y annu ity eq_ual to thirty dollars ($30) per month for each dependent child, to continue until such child reaches the age of eighteen ( 18) years or dies, if earlier. Section 3 . Death Benefit after Eligibility for a Deferred Vested Pension : If any Participant should die after he is eligible for a Deferred Vested Pension hereunder but before Pension benefits have commenced, his spouse, ifliving, or his estate, if no spouse or if his spouse is not living, shall be entitled to receive the Participant's Contribution Accumulation in a single sum. In lieu of this single sum, a surviving spouse may elect the monthly death benefit set VII-I Ol-29144.07 .. . ., .. .. " 0 I • 0 - • • .. • •• .. forth in Section l of this Article VII to begin on the last day of the month following the date the Participant would have attained age fifty (50). Section 4 . Proof of Death: For the purpose of this Plan, the production of a certified copy of the death certificate applicable to the deceased shall be sufficient evidence of death, and the Board shall be fully protected in relying thereon. In the absence of such proof, the Board may rely upon such other evidence of death, as it deems necessary or advisable. Section 5. Additional Death Benefit : The Board shall direct an Additional Death Benefit of one hundred dollars ($100) be paid to the surviving spouse or famil y of the deceased active or retired Participant, or such other person as the Board shall designate . Effective July 1, 1999, such Additional Death Benefit shall be increased to five hundred dollars ($500). VII-2 Ol-2914'.0'7 ' ~ .. ' "' ' ' ~ ... ' .. I 0 I . 0 .]- • • .. ~ --• I• ,; .. _ ... ' ... i • • ' ... ARTICLE VlII Section I . Contribution Accumulation Refunds Contribution Accumulation Refund to Panicipant: a. Prior to Eligibilitv for Pension Benefits : If any Participant's employment with the Employer is terminated before he qualifies for a benefit under the provisions of Article V hereof: he shall be entitled to receive his Contribution Accumulation in the form of a single sum payment; however, in order to receive such single sum payment, he must apply in writing. b. After Eligibilitv for Deferred Vested Pension Benefits: If any Participant 's employment with the Employer is terminated entitling him to a Deferred Vested Pension hereunder, he may elect in writing to receive his Contribution Accumulation payable in a single sum at any time prior to the commencement of his retirement benefit ; provided , however , that such election shall not be effect ive unless his spouse (if he has a spouse who can be located) consents in writing to such election, acknowledges the effect of such election and has such consent and acknowledgment witnessed by a Plan representativ e or a notary public . If a Participant does not elect to receive such pa y ment, it shall remain in the Plan and he shall receive his regular Deferred Vested Pension in accordance with the provisions hereof In the event the Panicipant elects to take his Contribution Accumulation as set forth above, his Deferred Vested Pension otherwise payable hereunder shall be forfeited . c. Forfeiture on Death : If benefits are payable from the Fire and Police Pension Association upon the Participant 's death, then the ·Participant shall forfe it his Contribution Accumulation . d. Forfeiture on Disabilitv : If benefits are payable from the Fire and Police Pension Association upon the Participant 's Disability under Sect ion 31-31-803 , Colorado Revised Statutes (and prior to May 23 , 1996, under Section 31-30-1007, Colorado Revised Statutes), then the Participant shall forfeit his Contribution Accumulation . VlII-1 02-29144.07 ' . .. •, . ' I • 0 32X • • Section 1. .. ~ --• ... • • .. ARTICLE IX Administration bv Board of Trustees Establishment and General Duties : There is hereby created a Board of Trustees ("Board") who shall manage, use, and disburse the Trust Fund in conformity with its rules, bylaws and this Plan . The Board shall take all necessary steps and pursue all necessary remedies for the preservation of the Trust Fund . ,..Sect=i=o=n-=2"-. --'-'M=e=m=b=e=r=s: The Board shall consist of (a) the '.\lla yo r of the Employer, (b ) the Director of Financial Services of the Employer, who shall be treasurer of the Trust Fund. (c) one citizen Member appointed by the City Council , and (d) three (3) \.tembers who are paid or volunteer (active or ret ired) firefighters but not more than one volu nteer firefighter. Such Panicipant members shall be elected by a majority vote of the Participants hereunder. The President and Secretary shall be elected by the Board . ,,.Sect...._.1,..·o"'n_.3'--_ _.T_,,e,.,nn=s: The Board shall serve terms of office as follows : the Mayor for tenure in office; the Director of Financial Services for tenure in office : the Cit y Council appointed citizen Member for a three (3) year term of office ; the three (3) Members who are active, retired or deferred vested Participants for a three (3) year term of office; and the term of office for the President shall be for one (I) year. Initial election of the Participants shall be conducted to elect one (I ) Member for three (3) years, one ( l) Member for two (2) years and one (I) Member for one ( l) year, and their tenure ofoffice shall run from January I to December 31 of each year. The Board shall arrange for elections of such Board members and shall establish the rules and procedures to be followed in such elections . .. S,.,ect .. 1.,,·o"'n~4..,_. _ __.,M~eet=i=n ... g""s: The Board shall hold a minimum of four (4) general meetings each year. Special meetings of the Board shall be held at any time at the call of the President or any three members of the Board. Ol-29144.07 IX-I . .. ' .,: ' ' .. I • 0 • • • .. ,,.-·• • ... • - -. ""S""ect"',.,_,io'-'-n~s ..... ___ O"""u""o,_,ru.,.m=: A majority of the members of the Board shall constitute a quorum . ,.S""ec"'t.,_,io'-'-n'-'6"-'.---'M"--"'a...,jo""n..,_,·tc.:.v_V,_o,,_,t=e: All actions taken by the Board shall be by a vote of a majority of those present at such meetings , except that no member of the Board shall vote on an y matter which pertains solely to himself or to his rights or benefits under the Plan . Section 7. Compensation : No member of the Board shall receive compensat io n for his service on the Board but a member may be re imbursed for reasonable expenses incurred in coMection with his duties as a member of the Board . Section 8. Rules and Regulation s· Subj ect to the limitations of the pro visions of this Plan. the Board shall from time to time establ is h rules and regulations for the perfo rmance of its functions and the administration of this Plan . ,,S,.,ec..,t.,,io"-'n'-'9'-'-.---'-P-"o"'w"'e""'rs~: The Board shall have all powers necessary to supervise the administration of this Plan and the Trust Fund and to control its operation in accordance with its terms , including, but not by way of limitation , the following : a. To make. amend , interpret, and enforce all appropriate rules and regulations for the administration of the Plan and to decide or resolve any and all questions , including interpretations of the Plan , as may arise in connection with the Plan ; b. To determine the amounts and time of payment of benefits and the rights of Participants and Beneficiaries to Plan benefits; to take any actions necessary to assure timely payment of benefits to any Participant or Beneficiary eligible to receive benefits under the Plan ; and to assure a full and fair review for any Participant who is denied a claim to any benefit under the Plan ; c . To determine all considerations affecting the eligibility of any Employee to be or who becomes a Participant of the Plan ; d. To determine the Service credit of any Participant and to compute the amount of any sum payable under the Plan to any person ; e. To authorize and direct all disbursements under the Plan; 02-29144.07 IX-2 .. .. I • 0 - • • .. • I 'f .. .. ..... '<1, • •• ... f To employ any person or organization to obtain such clerical, medical. legal and actuarial services as it may deem necessary or appropriate in carrying out the provisions of this Plan; g. To make or arrange for valuations and appraisals of the assets held under this Plan and with the advice of an actuary, to determine the liabilities of the Plan: h. To create reserves for such assets for any purpose ; i. With the advice of an actuary, from time to time to adopt for the purposes of this Plan, such mortality and other tables as it may deem necessary or appropriate for the operation of the Plan; j. To authorize the Chairman of the Board to sign all legal documents and reports on behalf of the Board: k To hold the assets of the Plan in a Trust account entit led ·'Firefighters -... Pension Fund for the City of Englewood," and invest and reinvest the same and to make such withdrawals therefrom as may be authorized by this Plan for the payment of benefits and expenses of the Board and the Members thereof: The Board ma y select a Corporate Trustee, Custodian or Investment Advisor to assist in the management of the Trust Fund . I. To maintain such records and accounts and to rende~ such financial statements and reports as may be required from time to time . Section 10 . Decisions : Any decisions of the Board and any action taken by it with respect to this Plan, shall be conclusive and binding upon any and all Partic ip ants, retired Participants, their beneficiaries, heirs, distributees, executors, administrators. and assigns , and upon all other persons whatsoever. All decisions made by the Board shall be made in a nondiscriminatory manner. Section 11. Report of Board: The Board shall make an annual re;,ort to the Employer on the condition of the Trust Fund . 02-29144.07 IX-3 • . ' .. ) ., ' I • - • .. • .. ......... • •• .. ... ARTICLE X Trust Fund Section l. Establishment of Trust Fund : A Trust Fund has been established for the purpose of receiving contributions and paying benefits under this Plan . The Board shall administer the Trust Fund in accordance with the terms of this Plan . The Board, in its discretion_ may , with City Council approval, appoint a Trustee, insurance company or investment manager to invest all or a portion of the funds . Section 2. Pavment of Contributions to Trust Fund : All contributions under this Plan shall be paid to the Trust Fund to be held, invested and reinvested therein . All property and funds of the Trust Fund, including income from investments and from all other sources , shall be retained for the exclusive benefit of Employees. as provided in the Plan. and shall be used to pay benefits to Employees or their beneficiaries, or to pay expenses of administration of the Plan and Trust Fund to the extent not paid by the Employer, except as provided in Article XlV , Section 4 hereof Effective January I , 1999, the Plan became affiliated with the Fire and Poli ce Pens ion Association in accordance with Colorado Revised Statutes Sections 3 1-30.;.211 and 31-3 1-70 I. 02-29144.07 X-1 ,. . .. \. ' ' . 0 I. 0 32 • • • ,. • l·., •• .. • -' •, ARTICLE XI Special Governmental Requirements Section 1. Maximum Annual Benefit Cnder Code Section 415 : Notwithstanding any other provision contained herein to the contrary , the benefits payable to a Participant from this Plan, shall be subject to the limitations of Code Section 415 in accordance with subparagraphs a ., b ., c . and d. below : apply : Ol-29144.07 a. Definitions : For purposes of this Section the following definitions shall (I) "Annual Addition·· shall mean the sum of the following additions to a Participant 's individual ac count for the Limitat io n Year : (a) Empl oyer contributions (i ncl uding salary reducti on contributions): (b) His own (after-tax) contributions, if an y: (c) Forfeitures , if any . Annual Additions to other Employer defined contribution plans (also taken into account when appl ying the limitations described below) include any voluntary employee contributi ons to an account in a qualified defined benefit plan and any employer contribution to an individual retirement account or annuity under Code Section 408 or to a medical account for a key employee under Code Section 40 I (h) or 4 J 9A( d), except that the 25%-of-pay limit below shall not appl y to emplo yer contribution s to a ke y emp loyee 's medical account after his separation from service . (2} "Earnings" for an y Limitation Year shall be the Employee 's earned income, wages, salaries and fees for professional services, and other amounts received for personal services actually rendered in the course of emplo y ment with the Employer (including, but not limited to , commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses), provided such amounts are actually paid or includible in gross income during such year . Earnings shall exclude the following : (a} Employer contributions to a plan of deferred compensation which are not included in the Employee's gross income for the taxable year in which contributed or Employer contributions under a simplified employee pension plan to the extent such contributions are deductible by Xl-1 "· I • 0 --------------------------------.-.,---- ·.]- • • • • • • -.. the Employee or any distributions from a funded plan of deferred compensation ; (b ) Amounts realized from the exercise of a nonqualified stock option, or when restricted stock (or propeny) held by the Employee either becomes freel y transferable or is no longer subj ec: to a substantial risk of forfeiture ; (c) Amounts realized from the sa le. exchange or other disposition of stock acquired under a qualified stock option : and (d) Other amounts which received special tax benefits. or contributions made by the Employer {whether or not under a salary reduction agreement) towards the purchase o f an annuity described in Section 403(b ) of the Code (whether or not t he am o unts are actuall y excludable from the gross income of the E mployee). Notwithstanding the preceding sentence, Earnings for a Parr icip ant w ho is permanent ly and totally disabled (as defined in Code Sect io n 22 (e)(3)) is the comp en sat io n such Partici pa nt would ha ve recei ved for the Limitation Year if the Participant ha d been pai d at th e rate o f compensation paid immediatel y before becoming permanentl y and totall y d is abled ; fo r Limitation Years beginning before January I , 1997, but not for L im it at io n Y ears be gi nning aft er December 31. 1997 , such imputed compensat ion for the disabled Par.ic :pam may be taken int o account onl y if the Pani c ipant is not a highl y compensated emp lo yee (as de fi ned in Code Section 414(q)) and contributions made on behalf of such Partic i pant are nonfo rfeitable w hen made. For Limitation Years beginning on or after January I , 1998. fo r pu rposes of appl y in g the limitations of this Anicle. compensation paid or made avail ab le during such Limitat ion Year shall include any elective deferral (as defined in Code Se cti o n 4 01 (g )(3 )), and an y amount which is contributed or deferred by the Employer at the election of t he Em ploy ee a nd which is not includible in the gross income of the Emplo yee by reaso n o f Co de Sec:io n I :s or 4 57 . b. Defined Contribution Plan(s) Onl v : The Annual . .\dd it ion to a Participant 's individual account hereunder (together with t h e Annu al Additions to the Panicipant 's account (s) under an y other defined contri but io n p lan(s) ma intained by an Affiliated Emplo yer) for an y Limitation Year may not exc ee d t he le ss er of: (!) Thirty Thousand Dollars (S30 ,000 .00) (as adju sted under subsection 4 !5(d) of the Code for such Limitation Year); or (2) Twenty-five percent (25 %) of the Partic :pant 's Earnings for the Limitation Year. c. Defined Benefit Plan(s) Onlv : (!} Any annual Pension payable to a Participant hereunder (including any annual Pension paid to such Participant from another defined benefit plan of XI-2 02-29144.07 I • 0 J • • J "'-' 02-29144.07 --· • , .. ~,' .. • - the Employer) shall not exceed Ninety Thousand Dollars ($90,000) adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his delegate, effective January I of each calendar year and applicable to the Limitation Year ending with or within such calendar year . (:?) Except as provided in the following. which imposes addit ional limitations on the amounts payable to Participants ""i th less than ten (10) years of Service, the foregoing limitat ion shall not be applicab le with respect to any Participant whose annual Pension under this Plan and any other defined benefit plan maintained by the Employer, is less than Ten Thousand Dollars (SI0,000) and such Participant has not at any time participated in any defined contribution plan (within the meaning of Section 41S(k ) of the Code) maintained by the Employer . (3 ) In the event that a participant has been credited with le ss than ten (10) years of Service, the maximum annual Pension allo wab le under this Section shall be reduced by multipl yi ng such maximum annua l Pens io n by a frac,io n. the numerator of which is the number of such Part icipa nt· s year s of Service ( o r part thereof), but ne ver less than one (I), and the denomina to r of which is ten ( I 0). (4) (a) The limitations of this Sectio n appl y to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages sixty-two (62) and sixty-five (65). If payment is in a different form, the amount thereof shall be adjusted to be the Actuarial Equi valent of a single life annuity and the limitations shall be applied to such adjusted amount . (b) If payment begins before the Partic ipant 's anainmen t of age sixty-two (62), the limitation in c.(1) above shall be reduced on an Actuarial Equivalent basis ; provided , howe ver , if such payment beg ins after the Participant attains age fifty-fi ve (5 5). the reduced lim it shall not be less than seventy-five Thousand Dollars ($75 ,000 ) and , if pa yment begins prior to the Participant anaining age fifty-five (55), the reduced limit shall not be less than the Actuarial Equi valent of the seventy-five Thousand Dollar ($75,000) limit for age fift y-five (55); (provided. further , however, as to police or firefighters who are Participants in this Plan. in no event shall such amount be reduced below Fifty Thousand Dollars ($50 ,000), adjusted for increases in the cost of living , as prescribed by the Secretary of Treasury or his other delegate ). For Limitation Years beginning on or after January I, 1997, the provisions of this subsection (4)(b) shall not apply to Participants who are "qualified participants" under Code Section 415 (b)(2)(G). ( c) If payment begins after the Participant 's attainment of age sixty-five (65), the limitation in c.(1) above shall be the Actuarial XI-3 • I I • 0 • • -• ·• ~ ,,-·· • , .... ,. • -' ... Equi valent of such amount otherwise applicable at the Partic ip ant 's attainment of age sixty-fi v e (65). (d) The interest rate to be used in determining Actuarial Equi valence shall be the rate specified in Article I. Section :..b . hereof, however, the interest rate used in determining an Actuariall y Equivale nt single life amount or an Actuarially Equivalent pre-age sixty-two (6:) amount shall not be less than five percent (5 %) and the interest rate '..ls ed in detennining an Actuariall y Equivalent post-age sixty-fi v e (65) amount shall not be greater than five percent (5%). (5) In no event shall a Part ici pant 's maximum annu al Pensio n allowable under this Sect ion be less than the annual Pension (i nclud ing early Pension and qualified joint and survi vor annuity amounts) dul y accrued by such Participant (under Code Section 4 15 limitatio ns then in e ffect) as of De ce mber 31. 19 8:, or as of December 3 1, 1986 , whichever is greater (di sregarding an y P lan changes or cost-of-living adjustments occ urring after Jul y 1, 19 8:. as to the i 98: ac crued amount, and \fay 5. 198 6, as to the 1986 accrued amount). (6) Fo r Limitat io n Ye:irs beginning on and after Ja nuary I. 199 5, the provisions of subsections (3) and (4 )(b) shall not apply to De:it h Bene fits under Article VII. d Defined Benefit and De fined Contribution P lans : If in a ny Limitation Year a Partic ipant also part icipates in one or more defined contribution plans mainta ined by the Emplo yer, then for such Limitation Ye:ir, the sum of the De fined Benefit Plan fraction and Defined Contribution Plan Fraction (a s de scribed below) fo r such Limitatio n Year shal l not exceed one . The Defi ned Benefit Fraction for any L imit ati o n Year shall mean a fract ion (a) the numerator of wh ich is the projected annual be ne fi t of the Partic ipant under the Plan (detennined as of th e close of th e Lim itat io n Year), and (b ) the denominator of which is the lesser of 12 5% of the dollar lim it at io n under Code Section 415(b)(l )(a) or 140% of the percentage limitation under Code Sec:ion 41 5(b)(l)(B ) for the ye:ir of detennination (taking into acco unt the effect of Section 23 5(g)( 4) of the Tax Equity and Fiscal Responsibility Act of 19 82 ). The Defined Contribut ion Fraction for an y Limitation Year shall mean a fraction (a) the numerator of which is the sum of the Annual Additions to the Participant 's ac co unts under all defined contribution plans maintained by the Employer as of the close of the Limitatio n Year (subject to reduction to the extent pennitted under the transition rule in Sect ion 235(g)(3) of the Tax Equity and Fiscal Responsibility Act of 19 82), and (b) the denominator of which is the sum of the lesser of 125% of the dollar limitatio n under Code Section 415(c)( I )(A) or 140% of the percentage Limitation under Code Section 4 l 5(c)( l)(B), for such L imitation Year and for all prior Limitation Years during which the Emplo yee was employed by the Employer (provided, however, at the election of the Board, the denominator shall be increased by using for Limitation Years ending prior to January 1, 1983 , an amount equal to the denominator in effect for the Limitation year ending in 198 2, multiplied by the transition fraction provided in Code Section 415 (e) (6) (B)). Xl-4 02-:Z9144.07 • . " . • ) I • 0 - • • • .. • .. • -.. -.. ... .. U: in any Limitation Year, the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction for a Participant would exceed one without adjustment of the amount of the maximum annual Pension that can be paid to such Participant under paragraph c.(l) of this Section, than the amount of the maximum annual Pension that can be paid to such Participant under paragraph c.(1) of this section, shall be reduced to the extent necessary to reduce the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction for such Participant to one, or the Board may take such other actions as will cause the sum to equal one or less . This subsection d. shall not be effective for years beginning on or after January l , 2000 . XI-S • ,. .. ,,. • . ' 0 I . 0 32X - • • Section 1. J• • •• ~ ,,-·· • . . • - ARTICLE XII Guarantees and Liabilities .. .. ' Nonguarantee ofEmplovment: Nothing contained in this Plan shall be construed as a contract of employment between the Employer and any Employee, or as a right of any Employee to be continued in the employment of the Employer, or as a limitation of the right of the Employer to discharge any of its Employees, with or without cause . Section 2 . Rights to Trust Assets : No Employee shall have any right to . or interest in, any assets of the Trust Fund upon tennination of his employment or otherwise. except as provided from time to time under this Plan, and then only to the extent of the benefits pa yable to such Employee out of the assets of the Trust Fund . Neither the Employer, the Trustee. nor any member of the Board shall be liable to any Employee or Beneficiary for benefits from this Plan , except for those payable from the Trust Fund to a Participant in accordance with the terms of the Plan and the Trust. Section 3 Nonalienation of Benefits : Benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge. encumbrance, charge. garnishment, execution, or levy of any kind , either voluntary or involuntary, either prior to or subsequent to being received by the person entitled to the benefit under the terms of the Plan. Any attempt to anticipate, alienate, sell , transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder shall be void . The Trust Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder . None of the unpaid Plan benefits or Trust assets shall be considered an asset of the Participant in the event of his insolvency or bankruptcy. Xll-1 • . ..... '" I • 0 - • • • ,...,. .. • •• .. Notwithstanding the foregoing, in accordance with Section 31-30 .5-208, Colorado Revised Statutes (and prior to May 23, 1996, Section 31-30-412, Colorado Revised Statutes), the Board may approve : (!) payment to an alternate payee based upon an assignment for child support purposes as provided for under Sections 14-10-118(1) and 14-14-107, Colorado Revised Statutes, as those statutes existed prior to July I, 1996; (2) income assignments for child support purposes as provided for under Section 14-14-111.5 , Colorado Revised Statutes, effective July 1, 1996 ; (3) writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt ; and ( 4) effective January I , 199 7, payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to Section 14-10-113(6), Colorado Revised Statutes . Such payments shall not be deemed a prohibited alienation of benefits . The Board may promulgate rules or procedures governing the implementation of such court orders, commonly known as domestic relations orders. Such rules or procedures may include the requirement that a standardized form be used by the parties and the court for an order approving the parties ' agreement to be effective as well as other provisions consistent with the purpose of Colorado Revised Statutes 14-10-113 ( 6 ) . XII-2 02-29144.07 ., I • 0 32X -• .. . :·-...... • •• .. ARTICLEXITI Amendments Section 1. Right to Amend: The Employer ( or other body duly authorized by the Employer) reserves the right to make, from time to time, any amendment or amendments to this Plan which do not permit reversion of any part of the Trust Fund to the Employer except as provided in Article XIV, Section 4 ., and which do not cause any part of the Trust Fund to be used for, or diverted to, any purpose other than the exclusive benefit of Participants included in this Plan and which does not, directly or indirectly, reduce any Participant 's Accrued Pension unless such amendment is required in order to maintain the Plan 's qualified status under Code Section 401(a); provided, however, that no such amendment may be made without the consent of at least sixty-five percent (65%) of the active Participants, at the time the Plan is so amended, as provided in Section 31-30 .5-210 of the Colorado Revised Statutes. XIII-I .., .. .. . ' ' ' . 0 I • 0 32X • • • Section 1. I • ' . .. " ,,,-. • .. • .. -' ARTICLE XIV Withdrawal and Termination .. ' Plan Termination : If permitted by Colorado statutes and approved by the Colorado Fire and Police Pension Association, the Employer may at any time, by adoption of a resolution, terminate this Plan. A partial termination of this Plan will occur if required under the qualification requirements of Section 40 l(a) of the Code . Section 2 . Allocation of Assets Upon Plan Terminat io n : upon termination or partial termination of the Plan, the benefits accrued up to the date of termination by the affected Participants and their beneficiaries, respectivel y, shall be no nfo rfeitable. however, actual payment of such benefits shall only be to the extent permitted from the Plan assets . The assets of the Trust Fund shall be allocated to provide such nonforfe itable benefits, to the extent possible, in the order of precedence determined by the Board at such time . Section 3 Manner of Distribut ion : An y di stri but io n after termination of the Plan may be made at any time. and from time to time , in whole or in part , to the extent that no discrimination in value results. in cash, in securities. or other assets in kind (at fair market value), in the form of a Pension or a cont inued Pension, in nontransferable annuity contracts, or in installments, as the Board, in its discretion, shall determine . In making such distribution, any and all determinations, appraisals, apportionments and allotments shall be made by the Board acting under the information supplied by the actuary and shall be final and conclusive and not subject to question by any person. Section 4 . Amounts Returnable to the Emplover : In no event shall the Employer receive any amounts from the Trust, except such amounts, if any, as set forth below: XIV-1 02-29144.07' . . -------------· ' . " ,. " .. • I ) I • 0 . ]- • t • • ~ -• . . .. • •• .. ... ARTICLE XIII Amendments Section 1. Rjght to Amend: The Employer (or other body duly authorized by the Employer) reserves the right to make, from time to time, any amendment or amendments to this Plan which do not permit reversion of any part of the Trust Fund to the Employer except as provided in Article XIV, Section 4 ., and which do not cause any part of the Trust Fund to be ' .. used for, or diverted to, any pWJ>OSC other than the exclusive benefit of Participants included in this Plan and which does not, directly or indirectly , reduce any Participant's Accrued Pension unless such amendment is required in order to maintain the Plan's qualified status under Code Section 401(a); provided, however, that no such amendment may be made without the consent of at least sixty-five percent (65 %) of the active Participants, at the time the Plan is so amended, as provided in Section 31-30.5-210 of the Colorado Revised Statutes . XIII-I 02-29144.07 ' • .. ' ,. ... \ "'• ~ .. ' ' . ' I· 0 32X - • • • .. ,,-. • ·,, ...... • • ... ARTICLE XV Direct Rollovers ,.,S:,,,ect,,,..1,.,,·o"'nwl..,.. _ _,,G.,,e,..,n=er,.,a~I: This Article applies to distributions made on or after January I , 1993 . Notwithstanding an y provision of the Plan to the contrary t hat would otherwise lim it a Distributee's election under this Article , a Distributee may elect, at the time and in the manner prescribed by the Board, to have an y portion of an Eligible Ro llover Distribution wh ich exc eeds $200 paid directly to an E li gible Retirement Plan spec ified b y t he Dist ributee in a Direct Rotlover . If a Distributee's Direct Rollover Distributi o n is le ss th an S5 00 , the Distri butee may only elect to Direct Rollo ver 100% of t he Elig ibl e Ro ll over D is t ributio n Section 2 . Definitions : a. Eliizible R o llover Dist ri but ion : An E lig ib le Ro ll ove r Distribution is an y distribution of atl or an y portion of the balance t o the credit of the D istributee. ex c ept that an Eligible Rotlover Distribution does not include : an y distribution that is one of a serie s of substantiatly equal periodic payments (not less fre quent ly than annuall y) made fo r the life (or life expectancy) of the Distributee or the joint liv e s (or joint life expectanc ie s) o f the Distributee and the Distributee's designated Benefi ciary. o r for a specified perio d of ten years or more ; an y distribut ion to the extent su ch di st r.but ion is requ ired unde r C ode Section 40 l (a)(9 ); and the portion of an y distribut ion t ha t is not inc ludable in gr oss income (determined without regard to the exclusion fo r net u nreali z ed apprec iat ion wi t h respect to Emplo yer securities). b . Eligible Retirement Plan : An Elig ible Ret irement Plan is an ind ivid ual retirement account described in Code Section 4 0S(a), an indi vi dual ret irement annui t y described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 40 l (a), that accepts the Distributee 's E ligi ble Rotlover Distribution . However, in the case of an Eligible Rotlover Distribut io n to the surviving spouse, an Eligible Retirement Plan is an individual retirement acc ount o r individual retirement annuity. c . Distributee : A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee 's surviving spouse and the Employee 's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 4 l 4(p ), are Distributees with regard to the interest of the spouse or former spouse . d . Qirect Rotlover: A Direct Rollover is a payment by the Plan to one Eligible Retirement Plan specified by the Distributee. XV-1 02-29144.07 • I ) I • 0 - • • .. • ,,,-- • . ' .. ,. . ,•' .. .. -. • ' -.. a. Upon termination of the Plan the Employer shall receive such amounts, if any , u may remain after the satisfaction of all liabilities of the Plan to its Participants and their beneficiaries, and arising out of any variations between actual requirements and expected actuarial requirements . b . In the event of a contribution made by the Employer by a mistake of fact , such contribution may be returned to such Employer within one ( 1) year after payment thereof c . If the Employer's determination letter issued by the District Director of Internal Revenue u to the Employer's adoption of this Plan is an initial determination letter and is to the effect that the Plan and Trust herein set forth or as amended prior to the receipt of such letter do not meet the requirements of Sections 40l(a} and 501 (a) of the Code, the Employer shall be entitled to withdraw, within one (1) year of the date of issuance of such letter, all of its contributions made on and after the Effective Date, as though it had never adopted this Pla n and Trust. Section 5. Appl icable Law · All questions arising with respect to the provisio ns of this Plan shall be determined by the appl icat ion of the laws of the State of Colorado, except to the extent such law is preempted by Federal statute. XIV-2 02-29144.07 ' ~ " , . ~ .,, ~ ... . ) I . 0 32X - • • • • .. • -.. ... e. Waiver ofJO Day Notice for Cashouts ofS5 000 m soo prior to Januarv 1 1998) or Less : lfa distnbution is one to which Code Sections 401(a)(l 1) and 417 do not apply, such distribution may commence less than thirty (30) days after the notice required under Treasury Regulation Section 1.41 l(a}-l l(c) is given, provided that : 02-29144.07 (1) the Board clearly informs the Participant that the Participant has .i right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and (2) the Participant, after receiving the notice, affirmatively elects a distribution . XV-2 , .. .... 0 . ' >' ., . ' . ., I· 0 32X - .. • -• . l '·• ~ .... •' .. ·, • -• ... ~ IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing instrument comprising City of Englewood Firefighters Pension Plan (As Amended and Restated January 1, 1999), the Employer has caused its seal to be affixed hereto and these presents to be duly executed in its name and behalf by its proper officers thereunto authorized this __ day of ~------' 19~. ATTEST : CITY OF ENGLEWOOD, COLORADO BY~------------ City Clerk -I.ou::rishia A. Ellis tvja yor -'lb:lmas J. Burns 02-19144.07 XV-3 ' . • •. 0 I . 0 32X • • -• .. ,. ,-. • ... • - ... BY.-\ .THORITY ORD!, AN C E l'\O . SERIES OF 1999 COUNCIL BILL NO . 50 INTRODUCED BY COUNCIL MEMBER ______ _ A BILL FOR AN ORDINANCE AMENDING TITLE 3 , CHAPTER i , SE CTI O :--: 3, .t A:-JD 5 . O F THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS , City Council is considering C. B. 49 , Serie s of 1999 , -imulta neo u -Jy with this Ordinance; and WHEREAS, C. B. 49, Series of 1999, allow s the adoption of a n a me nded Englewood Police Officers' Pension Plan to comply with State S tatutes , Fed er a l guidelines and to provide a Deferred Retirement Option Plan (DROP) be n efi t for the participants of this Plan; and WHEREAS, C. B. 49, Series of 1999, pro,.;des plan participa nts t he o pt10n of participating in a Deferred Retirement Option Plan (DROP); and WHEREAS , this Ordinance would clarify that retl.I'ement benefits and the qualifications for those benefits are provided in a separate plan; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Sectjon l. The City Council of the City of Englewood , Colorado hereby ame nd s Title 3, Chapter 7 , Sections 3, 4 and 5 , of the Englewood Municipal Code , to read a s foll ows : 3-7-3: RETIREMENT BENEFITS : .'.ft) peliee effieer 1n ee,ere5 emple)ment .. ith the Cit, prier ts .\pril 8 , 1978. 81'18 .. he h68 11t~ine8 the 11ge ef lift) H. e (SS) ) e11rs 81'18 h11s t .. ent) (28) er mere) e11rs sf ereEiiteEI sel'Yiee .. ith the Sngle .. ee5 Peliee Di,.sien, er II memher .. he h8s t .. ent) f:i, e (26) ) eltt's er mere ef ereliit ,nth s8iEI Engle .. 888 Peliee Di .'isiefl. reg8rliless sf 8ge , sh81l he eligihle te reeei. e II seP\ iee retifoement pensien h11sefi en the peliee effieer's Hl'l8l h8!!e p11), &lie .. ing t .. e 81'18 ene h81f pereent (2'Mb) far e8eh efthe li¥st t .. ent) (28) )e8rs ef8eereliitefi seMee , pltts ene pereent (Hb) far eseh 11fifiiaen8l )e8r ef8eereliitefi sel".iee , te 8 m11itimttm efsi."t) f:i.e pereent (SsQb). Clllettl11ting the h8se p8) me81'19 the s.ersge 88lttr, reeei.eEI 88 8 memher efssiEI Depsrtment far ene )ettr hefere ~81'1til'lg s&iEI pensien. Pensien ptt) ments sh8ll he msEie in eqttsl menthl) instsUmente te the memher . RETIREMENT BENEFITS AND QUALIFICATIONS FOR THOSE BENEFITS SHALL BE PROVIDED IN A SEPARATE PLAN WHICH SHALL BE ADOPTED BY ORDINANCE . -l - • ) I • 0 .]- • • • ff • "t,. . ........ .. ~ • • • .. COUNCIL COMMUNICATION .. ', .... .. Date Agenda Item Subject A bill for an ord inance amending Title 3-7-3 and 3-7-4 , EMC , pertaining to the City of August 16, 1999 10 a iv Englewood Police Officers Pension Plan Initiated By I Staff Source '\ Department of Financial Services Frank Gryglewicz, Director of Financial Services : ~ :IL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed the amended Police Officers Pension Plan document at study sessions . Council gave staff direction to proceed with a bill for an ordinance to approve the amended document. This ordinance will clarify that retirement benefits and the qualifications for those benefits are provided in a separate plan. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance will permit the enactment of the amended Police Officers Pension Plan document. FINANCIAL IMPACT This action will have no financial impact. UST OF ATTACHMENTS Proposed bill for an ordinance ,. :. ... • < ' ' . I . 0 r·J • I : • • .. ,,-·· • l ·t;,, .. • - 3 7 I. LEAVING SERVICE PRIOR TO ELIGIBILITY. Shettld !II!.) peliee e!Iieet in ee.eted emple)111ent .. ith t he Cit, ptiet te .\pti:l 8 , 1978 . .. he le!!. es the set'\ iee af tl,e Cit) p1ie1 te beeeming elig,ble !e I eeei. e a pensieH , fe1 !II\) re!lsen ether th!IH de!ltl'I. !Ind s!lid member h!ls less th!ln fi. e (i;) ) eats af eredited sel"V'iee at te1 minatieH , he shaH be entitled te !I refond ef ms tet!I! eentl"ibtttien .. ithettt interest, er if S!lid member has fi. e (6) er 111ere ) eats ef eredited sel"V'iee at termin!ltien , s!lid el!ieer m!I) eleet either. A: Te reeei, e aeferred mend,!, benefits p!I) !Ible beginniHg !It age fift) fi. e (66) b!lsea ttpen the member's fin!ll b!lse p!I), alle .. iflg t .. e !Ind eHe half pereent ~'.lo%) fer e!leh efthe first t .. eney (28) )E!lrs ef!leeredi!:ed se1 liee pltts ene pereent (1%) fer e!leh !laaitien!I! )e!lr ef!leeredited seMee te !I m!l .timttm ef si,,it, 6. e peree11t (66%) of bese p!I) , er B,-Reeei,e !I refttna ef ms tet!ll eentribtttiens .. ith ifttere 3t , if !lnJ . thereefl , !Is m!I) be aeterminea Ii) the Beard ef Trttstees ef s!lid Fttnd . 3-1-6-3-7-4: POLICE PENSION FUND: In lieu of the provisions oftitle 31 , article 30 , section 3 12, C.R.S .. 1973, the Board of Trustees of the Policemen's Pension Fund of this '.\1uru cipality s hall be governed by the following provisions: The Board of Trustees of the Policeme n 's Pension Fund in tlus Murucipality s h all have power to draw on such Pension Fund, from the treas ure r of the Policemen's Pension Fund, and may invest the same, or any part thereof. in the name of the Board of Trustees of the Policemen 's Pension Fund, in any security, bond , debenture , corporate obligation, stock, preferred or common, securities of any ope n,end or closed · end management-type investment company or investment trust and participations in common trust funds. to the extent that s uch investments would be authorized investments by fiduciaries within this State as set forth in title 15 , article 1, part 3, C .R .S., 1973, or any subsequent amendment thereto, providing that said Board shall at all times hold fixed income obligations having a book value or cost of not les s than sixty percent (60 %) of the total contributions made to said Policemen's Pension Fund, less the amounts paid out. All securities invested s hall be deposited with the Treasurer of the City, as ex officio treasurer of the Board of Trustees of the Policemen's Pension Fund, and s ubject to the order of said Board. Sectjon 2. Safety Clauses The City Council, hereby finds, d etermines , a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public converuence and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 3. Seyerabjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. -2- ' .. ) ', . . I • 0 ·.]- • l ... " • .. .. .. ..• • •• Section 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Sectjon 6. ~-The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 16'h day of August. 1999 . Published as a Bill for an Ordinance o~ the 20th day of August, 1999 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of August, 1999. Loucrishia A. Ellis -3- ' . .. :. ', .. • I -... I • 0 ,J • • ORDINANCE NO . SERIES OF 1999 t ~-, ~ .. -. ... ~ ~ • .. • - BY ACTHORITY A BILL FOR .. .. ' .,, ' /0().._ V COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE ADOPTION OF AN AlV!ENDED CITY OF ENGLEWOOD POLICE OFFICERS' PENSION PLAN DOC UMENT . WHICH PROVIDES A DEFERRED RETIREMENT OPTION PLAN (DROP) BENEFIT FOR THE PARTICIPANTS OF THIS PLAN . WHEREAS, this proposed Ordinance allows the adoption of an a mended Englewood Police Officers' Pension Plan to comply with State Statutes, Federal guidelines and to provide a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan: and WHEREAS, this proposed Ordinance provides plan participants with the option of participating in a Deferred Retirement Option Plan (DROP); and WHEREAS, the proposed Ordinance does not substantially change the current le ve l of pension benefits for the "old hire" police officers; and WHEREAS , the amended Plan mirrors the current benefits as defined in Colorado State Statutes, Federal guidelines a~d provides a Deferred Retirement Option Plan (DROP) benefit for the participants of the Plan; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon l. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of an amended "City of Englewood Police Officers Pension Plan -as amended and restated effective January 1, 1999 ," attached hereto as "Exhibit A," and said Plan is hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "City of Englewood Police Officers Pension Plan -as amended and restated effective January l , 1999," for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 16th day of August , 1999 . -I - • ... ... • '' .. I • 3 0 4 I 11 ., • • ,. • )• <. •.lj • •• .... COUNCIL COMMUNICATION Date Agenda Item Subject A bill for an ordinance adopting the City of Englewood Police Officers Pension Plan August 16, 1999 10 a V Document (the Plan) Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed this issue at a study session held on September 8 , 1998. Council gave staff direction to proceed with this bill for an ordinance. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the "old hire" police officers. The Plan document mirrors the current benefits as defined in Colorado State Statutes . The ordinance provides plan participants the option of participating in a Deferred Retirement Option Plan (DROP). The Plan document is amended to comply with state statutes , federal guidelines and provide a Deferred Retirement Option Plan (DROP) benefit for the participants. No other alternatives were considered. FINANCIAL IMPACT This action does not increase City of Englewood expenditures as the proposed Plan mirrors what is in Colorado State Statutes. LIST OF ATTACHMENTS Proposed bill for an ordinance ·~· ,• .. . , I· 0 32X - • t • • • • r .. • ••• ... Published as a Bill for an Ordinance on the 20th day of August, 1999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance. introduced . read in full , and passed on first reading on the 16th day of August, 1999. Loucrishia A. Ellis -2- ·,. . .. ' • l . .. 0 I • 0 32X - • Ol-29lll.Cl6 '"';--;,. .. • • --• 'I' , . .., ' • -~ CITY OF ENGLEWOOD POLICE PENSION PLAN .. .,, ... . , <AS AMENDED AND RESTATED EFFECTIVE JANUARY I 1999} ... I! " '" I a I T A t.' .. . ' " .. ....... ~ I . 0 32X - • • • PREAMBLE .. . . ·~ ,. -• • - City of Englewood Police Pension Plan .. ... (A s Amended and Restated Effecti ve January I 199 9) TABLE OF CONTENTS .. Page No . ARTICLE I Purpose and Definitions ...................................................................................... 1-1 Section I . Purpose ..................................................................................................... 1-1 Section 2 . Definitions ............................................................................................... 1-1 Section 3 . Construction ............................................................................................ 1-4 ARTICLE D Service Credit ............................................................................................. n-1 Section I. Service ................................................................................................. Il-1 Section 2 . Break in Service ...................................................................................... 11-1 Section 3 . Loss of Service ..................................................................................... 11-1 Section 4 . Military Service ...................................................................................... TI-I Section 5 . Overtime .................................................................................................. Il-2 Section 6 . Fractional Years ....................................................................................... 11 -2 ARTICLE m Participation Requirements .......................................................................... III-I Section I. Participation Originating Vnder the Previous Plan .................................. IJI-1 Section 2 . Cessation of Participation and Reent ry ................................................... III-I Section 3 . Effect of Disability or Death Benefits Payable From Another Plan .... DI-I ARTICLE IV Contributions .................................................................................. IV-I Section I . Contributions by Employer and the State of Colorado ............................ IV-I Section 2. Contributions by Participants ................................................... : .............. IV-I Section 3 . Participant Contributions P icked Up by Employer ................................... IV-2 ARTICLE V Pension Benefits ............................................................................................. V-1 Section I. Normal Pension Commencement ............................................................. V-1 Section 2 . Normal Pension Amount.. ......................................................................... V-1 Section 3 . Deferred Vested Pension Commencement.. ............................................... V -1 Section 4 . Deferred Vested Pension Amount ............................................................. V-2 Section 5. Supplemental Disability Pension Amount ................................................. V-2 Section 6 . Supplemental Disability Pension Commencement... .................................. V-3 Section 7 . No Decrease in Benefits ............................................................................ V-4 02-29211.06 (i) . ., ' . . . ) I • 0 ., • .. • - .. Section 8 . Increases in Benefits ................................................................................. V-4 Section 9 . Deferred Retirement Option Plan (DROP) ................................................ V-4 ARTICLE VI Form of Payment ......................................................................................... VI-I Section I. Normal Form of Pension -Single Life ..................................................... VI-I Section 2 . Involuntary Cash-outs or Involuntary Payments Less Frequently Than Monthly ................................................................................................. VI-I ARTICLE VII Death Benefits ............................................................................................ VII-I Section I. Death Benefit for Surviving Spouse or Dependent Parent ...................... VII-I Section 2. Death Benefit for Dependent Children ................................................... VIl-1 Section 3 . Death Benefit after Eligibility for a Deferred Vested Pension ................ VII-I Section 4. ProofofDeath ...................................................................................... Vll-2 ARTICLE VIII Contribution Accumulation Refunds ...................................................... VIII-I Section I. Contribution Accumulation Refund to Participant ................................ VlIJ-1 ARTICLE IX Administration by Board of Trustees ............................................................ IX-I Section I. Establishment and General Duties ........................................................... IX-I Section 2 . Members ................................................................................................. IX-I 0 Section 3 . Terms ...................................................................................................... IX-I Section 4 . Meetings ................................................................................................. IX-I Section 5 . Quorum ................................................................................................... L'C-2 Section 6 . Majority Vote ...................................................................................... IX-2 Section 7. Compensation ........................................................................................ [X-2 Section 8. Rules and Regulations ............................................................................ IX-2 Section 9 . Powers .................................................................................................. IX-2 Section 10 . Decisions ............................................................................................. IX-3 Section I I. Report of Board .................................................................................... IX-3 ARTICLE X Trust Fund ....................................................................................................... X-1 Section 1. Establishment of Trust Fund ...................................................................... X-1 Section 2. Payment of Contributions to Trust Fund .................................................... X-1 ARTICLE XI Special Governmental Requirements ............................................................ XI-1 Section I. Maximum Annual Benefit Under Code Section 415 ................................ XI-1 ARTICLE XII Guarantees and Liabilities .......................................................................... XII-I I· 0 Section 1. Nonguarantee of Employment ................................................................ XII-I 02-29111.06 (ii) • .. '<.· "· • -.. \ ......... -,, .. • . , • I ' ' . .. 0 Section 2. Rights to Trust Assets ............................................................................ XII-I Section 3. Nonalienation ofBenefits ....................................................................... XII-I ARTICLE XIII Amendments ............................................................................................ XIIl-1 Section l. Right to Amend ..................................................................................... XIIl-I ARTICLE XIV Withdrawal and Termination ................................................................... XIV-I Section I. Plan Termination .................................................................................. XIV-I Section 2. Allocation of Assets Upon Plan Termination ........................................ XIV-I Section 3. Manner ofDistribution ......................................................................... XIV-I Section 4. Amounts Returnable to the Employer ................................................... XIV-I Section S. Applicable Law .................................................................................... XIV-2 ARTICLE XV Direct Rollovers ......................................................................................... XV-1 Section I . General ................................................................................................. XV -1 Section 2. Definitions ............................................................................................ XV-I • t • I . 0 02-29211.06 (iii) 3 - • • ~ _. • 1 ~ . -, • - City of Englewood Police Pension Plan . .. <As Amended and Restated Effective January 1 1999) PREAMBLE .. WHEREAS, the Employer had previously established a pension plan under State statutes for its police officers (hereinafter referred to as the "Previous Plan"); and WHEREAS, said organization now desires to amend and continue the Previous Plan by a separate restatement in its entirety and the right to so amend is reserved to said organization under the provisions of the Previous Plan ; NOW, THEREFORE, the Previous Plan, which was maintained by the Employer under Title 31, Anicle 30, Part 3 of the Colorado Revised Statutes, is hereb y restated, and amended in its entirety, superseded and replaced by this separate restated Plan . There will be no termination and no gap or lapse in time or effect between such Plans, and the existence of the Plan shall be continuous and uninterrupted . This restated Pension Plan is conditioned upon its qualification under Section 40l(a) of the Internal Revenue Code of 1986, as amended from time to time . The terms and conditions of this restated Plan are as follows : 02 -29111 .06 ~ ~ ·, ... ~ .. '' ' ' . ) I • 0 ,. • .. • • ... .. • -' ... ARTICLE I Purpose and Definitions Section I. Purpose : The purpose of this Plan is to provide retirement and incidental benefits for all Employees (as hereinafter defined), their surviving spouses, dependent children and dependent parents, who complete a period offaithful service and otherwise become eligible hereunder . The benefits provided by this Plan will be paid from a Trust Fund established in connection with this Plan . This Plan and the separate related Pension Trust forming a part hereof are established and shall be maintained for the exclusive benefit of the eligible Emplo y ees and their Benefic iaries . Except as hereinafter provided, no part of the Trust Fund can ever revert to the Employer, or be used for or diverted to purposes other than the exclusive benefit of the Employees and their Beneficiaries. Section 2 . Definitions: Where the following words and phrases appear in this Plan, they shall have the respective meanings set forth below, unless their context clearl y indicates to the contrary : a. Accrued Pension : The Pension determined under the Plan expressed in the form of a monthly benefit commencing at Normal Retirement Date ( or date of actual retirement iflater), which an Employee has accrued at any time under the provisions of the Plan, regardless of his vested status, determined as if he had then terminated employment . b. Actuarial (or Actuariallv) Equivalent : Equality in value of the aggregate amounts expected to be received under different manners of payment based on interest rate and mortality assumptions, in effect on the date as of which the benefit is to commence, as such assumptions are defined below unless otherwise specifically provided in the Plan. 02-29211.06 Interest rate assumption -The interest rate assumption used for purposes of computing optional forms of benefit payments shall be seven and one-half percent (7 1/2%). 1-1 • . . . ' ~ I • 0 • • -. .. ,. ,,-. • ,. .. . . • - Mortalitv assumption - ( 1) Effective July 1, 1999, the mortality assumption used fo r purposes of computing optional forms of benefit payments shall be a uni sex rate that is 50 % male, 50% female , taken from the 1983 Group Annu ity Mortality Table . Prior to July 1, 1999 such mortality assumption shall be the UP -1984 Mortalit y Table. (2) Solely for purposes of Anicle XI hereof. on and after January I , 1995, the monality assumption for calculation shall be a unisex rate that is fift y percent (50%) male, fifty percent (50%) female , taken from the 19 83 Group Annuity Mortality Table. =c·--=B=o=ar=d : The Board of Trustees established under . .\nicle IX here of. d . Code or Internal Revenue Code · The Interna l Re venu e Co de of 198 6. 26 USC ( 1986 ), as amended from time to time . e. Compensation : All base pay (as define d in t he C ity of En gl ewoo d ·s Personnel Policy and Procedures) received by the Part ic ipant fo r his C overed Employment, including longev ity pay , holiday pay , sick pa y. and vacat ion pa y taken in the normal course of employment, and shift differential , but Compensation shall exclude compensation for overtime (or compensation in lieu of overtime required under the Fair Labor Standards Act), clothing allowance, lump-sum amounts paid in lieu of accumulated vacation, holiday s. and sick leave, and compensation imputed as a result of the Participant 's use of the Employer 's automobile . A Part icipant 's Compensation shall include any amounts deferred as to such Participant under Code Section 125 , Code Section 457 or under Code Section 414 (h), except to the extent such amounts would be excluded under the immediatel y preceding sentence . Compensation taken into account under the Plan shall not exceed $2 00 ,000. adjusted for changes in the cost of li ving as provided in Code Section 41 5(d), for the purpose of calculating a Participant 's Accrued Pension (including the right to any optional benefit provided under the Plan) for an y Plan Year commencing after December 3 I , 19 83 . In addition to other applicable limitations set fonh in the Plan, and notwithstanding any other provision of the Plan to the contrary, for Plan Years beginning on or after January 1, 1996, the annual compensation of each "Noneligible Panicipant" taken into account under the Plan shall not exceed the Omnibus Budget Reconciliation Act of 1993 ("OBRA '93 ") annual compensation limit . The OBRA '93 annual compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 401 (a)( I 7)(B). The cost-of-living adjustment in effect for a calendar year applies to any period . not exceeding 12 months , over which compensation is determined (determination period) beginning in such calendar year . lfa determination period consists offewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12 . A 02-29211.06 1-2 •, 0 I • 0 • • -• .. ~ ,,... .. • .. ' • • ' ... ' ''Noneligible Panicipant" is any Participant who first became a Participant in the Plan during a Plan Year beginning on or after January I , 1990 . Effective January I , 1989, through December 31 . 1996. in determining the Compensation of a Panicipant for purposes of this limitat ion. the rules of Code Section 414(q)(6) shall apply. except in appl yi ng such rules. the term "'family" shall include onl y the spouse of the Panicipant and any lineal descendants of the Participa nt who ha ve not attained age 19 before the close of the year, effecti ve January I. 19 89 thro ugh December 31 , 1996, if, as a result of the application of such rule s the adj usted annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual 's Compensation as determined under this Section prio r to the application of this limitation . f Contribution Accumulation : The Participant 's aggregate co ntributions . plus five percent (5%) simple interest on the total amount . g. Covered Emplov ment : The employment category for which the Plan is maintained , which is regular employment with the Employer as a paid me mber of the Employer 's Police Depanment and include s all certified personnel within the Police Department hired prior to April 8, 1978 . Excluded are leased em pl oyees within the meaning of Code Section 414(n )(2). h . Disability or Disabled : A physical or mental condition which, in the judgment of the Board, totally and presumably permanently prevents an Employee from performing the duties of any occupation for which the Employee, by reason of his education, training and experience, would be capable of performing, but for the injury or illness involved . In determining whether any Employee is so permanently disabled , an y disability, and any known injury or illness , which pre-existed the Emplo yee 's employment with the City, shall be disregarded . I. Effective Date : January I , 19 99 . j. Employee : Any person whose Covered Emplo yment with the Employer commenced prior to April 8 , 1978, and who, on and after the Effective Date, is receiving remuneration for Covered Employment or would be receiving such remuneration except for a duly authorized absence. Included are leased employees within the meaning of Code Section 4 l 4(n)(2). Notwithstanding the foregoing, if such leased employees constitute less than twenty percent (20%) of the Employer's nonhighly compensated work force within the meaning of Code Section 414(n)(S)(C)(ii), the term "Employee" shall not include those leased employees covered by a plan described in Code Section 414(n)(S). k . Employer: City of Englewood, Colorado. I. Final Monthly Compensation : The result obtained by dividing the total Compensation paid to an Employee during his final twelve consecutive months of Covered Employment by twelve. 02 -292 11.06 1-3 ' . ., I • 0 • • • .. • • r "•• .. .. • ', -... m . Limitation Year : The year used in applying the limitations of Code Section 415 , which year shall be the calendar year . Notwithstanding the Effective Date hereof, such limitations. as set forth in Article XI, Section I . hereof, apply beginning with the first Limitation Year beginning after 1982 . n . Normal Retirement Date : The date when a Participant has attained his fifty-fifth (55th) birthday and completed twenty (20) years of Service, or the date when a Participant has completed twenty-five (25) years of Service. o . Participant : An Employee who meets the eligibility requirements for participation in the Plan as described in Article Ill hereof p . Pension : A series of monthly amounts which are payable to a person who is entitled to receive benefits under the Plan . g . Plan : City of Englewood Police Pension Plan (As Amended and Restated Effective January I , 1999), as amended from time to time r . Plan Year : The twelve (12) month period beginning on January I and ending on December 3 I. s. Previous Plan : Police Pension Plan of the City of Englewood in force and effect (under Title 31 , Article 30, Part 3 of the Colorado Revised Statutes) for the period prior to the Effective Date, the Plan hereby being amended and restated . Any reference herein to the Previous Plan as of a certain date or for a certain period shal I be deemed a reference to the Previous Plan as then in effect. t. Service: A person 's period or periods of employment as an Employee used in determining eligibility or the amount of benefits and described in Article II hereof u. Trust or Trust Fund : The fund maintained to provide the benefits called for under this Plan, as described in Article X hereof Section 3 . Construction : The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender; the singular may include the plural ; and vice versa, unless the context clearly indicates to the contrary. 02-29211.06 1-4 . .. ~ ' .. • I I • 0 • • • .. ,,-·· • '•,. .. • •• ... ARTICLE II Service Credit Section 1. Service : Service is the period of employment used in de termi ning elig ibility for benefits . An Employee 's total Service credit shall be : a . His total period of Covered Employment with the Empl oyer, subject, however, to Anicle II, Section 3 . below ; and b. Any prior period of employment, before April 9, 1978 , with another police department which maintains a police pension fund under the laws of the State of Colorado, such prior period of employment to be credited in the same manner and to the same extent as Service with the Employer, subject , however, to Arti cl e Il , Secti o n 3 . below ; and c . Any credit called for under federal la w for an absen ce due to military dut y Section 2. Break in Service : An Emplo yee shall ha ve a break in Serv ic e if hi s Cov ered Employment with the Employer is terminated . An Emplo yee 's authorized lea ve of ab sence shall not result in a break in Service ; however, the Emplo yee will not receive an y Service credit during such an absence . Effective as of August 5, 1993 , a leave of absence pursuant to the Famil y and Medical Leave Act of 1993 shall not be considered a Break in Service ; ho wever, the Emplo yee will not receive any Service credit during an y such absence without pay. Section 3 . Loss of Service : If an Employee has a break in Service pri or to having five (5) years of Service, or after having five (5) years of Service but with such break resulting in a refund of his Contribution Accumulation, he shall lose credit for his prior Serv ice, even if reemployed . Section 4 . Military Service : Notwithstanding any provision of the Plan to the contrary, contributions, benefits and Service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). 02-29211.04 II-I -------~---- ) I . 0 .----------:---------,----------~ .. r-----------------,,.-----------~ - • • • t, , .. .. • - " Section 5. Overtime : No period of Service shall be deemed to be increased or extended by overtime . Section 6 . Fractional Years : In determining Service credit, Service for fractional years shall be allowed on the basis ofone-twelfth (1/12) ofone year for each full calendar month of such Service. 02-29211.06 11-2 .. ) I • 0 - • l • .. ,. . • .. .. .: .... • -- " 0 ARTICLE ID Participation Requirements Section I . Participation Originating Under the Previous Plan : Employees in Covered Employment who were Participants in the Previous Plan immediately prior to the Effective Date shall automatically become Participants in this restated Plan as of the Effective Date. Section 2. Cessation of Participation and Reentrv: Ifa Panicipant leaves Covered Employment, he will cease his participation in this Plan, and will not again become a Panicipant . (Recommencement of Covered Employment results in coverage under a statewide pension system under Title 31, Article 31 of the Colorado Revised Statutes (and prior to May 23 , 1996 under Title 31, Article 30, Part 10 of the Colorado Revised Statutes)). Section 3. Effect of Disability or Death Benefits Payable From Another Plan : Ifa disability or death benefit is payable to or with respect to a Participant in accordance with Section 31-31-803 or Section 31-31-807, Colorado Revised Statutes (and prior to May 23 , 1996 , Section 31-30-1007 or Section 31-30-1008, Colorado Revised Statutes), then no benefit except the Supplemental Disability Benefit specified in Article V, Section 5 hereof shall be payable from this Plan to or with respect to such Participant. ill-I 02-29211.06 ', I· 0 • • .. ~ -· • ,..,, .. • -' ... ~ ARTICLE IV Contributions Section I. Contributions bv Emplover and the State of Colorado : The City of Englewood shall make contributions to the Trust Fund adequate to finance the benefits provided by the Plan on a sound actuarial basis . The required contributions to the Plan shall be determined by a competent actuary . The City of Englewood 's contributions shall not be less than the amount contributed by Participants under Article IV , Section 2, hereof, except in no case shall the Employer contribution, provided in this Article IV, Section I ., be used to fund the DROP in Article V, Section 9 . hereof. The amount of contribution shall never be less than the amount required by Fire and Police Pension Association rules and regulations . Contributions may also be received hereunder from the State of Colorado in accordance with applicable state law, or from any person . Contributions may be received by gift, grant, devise or bequest, in the form of money, personal property, real estate or any interest therein and may include all moneys. fees , rewards and emoluments, except police officers' salaries, of every nature and description that may be paid or given to the Police Department or any of its members . Any amounts given to the Employer's Police Department or to an Employee in his capacity as a police officer, except as his salary, may be received as a contribution hereunder. All such contributions shall be used to pay benefits under the Plan or to pay expenses of the Plan and Trust and shall be irrevocable, except for any amounts remaining after satisfying all liabilities of the Plan . Forfeitures arising because of severance of employment before the Employee becomes eligible for a Pension or for any other reason shall be applied to reduce the costs of the Plan, not to increase the benefits otherwise payable to the Participants. 02-29211.06 IV-I ' . .. • J I • 0 - • .. • .. .. .......... t/ • .. ... .. Section 2 . Contributions by Panicipants: Each Plan Panicipant shall contribute toward the cost of providing benefits under this Plan by payroll deductions at the rate of five percent (5%) of the Panicipant's Compensation each month . Section 3 . Participant Contributions Picked Up by Employer: Participant contributions made after January I, 1990, shall be picked up by the Employer. The contributions so picked up by the Employer shall be treated as Participant contributions for purposes of this Plan even though such contributions are treated as Employer contributions for income tax purposes in accordance with Code Section 414(h). For purposes of this Section only , the Compensation (as defined in Article I, Section 2 .e .) that a Participant would otherwise receive for Covered Employment shall automatically be reduced by an amount equal to the contributions so picked up for such Participant. For purposes of determining a Participant 's Accrued Pension under this Plan, Compensation shall be as defined in Anicle I, Section 2.e . 02-29211.06 IV-2 .. . ,. • I ) I • 0 32X -.J • • .. • .. • -' .... ARTICLE V Pension Benefits Section I . Nonna! Pension Commencement : A Participant hereunder shall be entitled to his Accrued Pension if his Covered Employment with the Employer is terminated on or after his Nonna( Retirement Date. Any Participant who desires to retire from Covered Employ ment and receive a Pension from this Plan shall submit a written application to the Board, which application shall set forth the facts entitling such Participant to a Pension hereunder. The application shall speci fy the time, neither less than ninety (90) nor more than one hundred eight y ( 18 0) days subsequent to the filing of the application, when the Participant desires to be retired . The Bo ard shall act upon such application if the Participant is entitled to retire . The action of the Board shall be completed within sixty (60) days after the filing of the application . Payment of a Nonna( Pension will commence the first day of the month following the Participant 's actual Re t irement . If a Participant retires prior to the last day of the month, his first payment hereunder shall include a partial payment prorated from his date of retirement to the end of the month . Section 2 . Nonna( Pension Amount : A Participant who meets the requirements for his Accrued Pension shall receive an annual pension (payable monthly) which is equal to : Two and one-half percent (2 1/2%) of the Participant 's Final Monthly Compensation multiplied by the Participant 's first twenty (20) years of service, plus one percent (1%) for each additional year of service, to a maximum of sixty-five percent (65%) of Final Monthly Compensation . Section 3 . Deferred Vested Pension Commencement: A Participant hereunder shall be eligible for a Deferred Vested Pension if his Covered Employment with the Employer is tenninated prior to his eligibility for a Nonna! Pension but after he becomes vested in a Pension benefit under the following vesting schedule : 02-29211 .06 V-1 ' . I • 0 • • • ~ -• :,• .. . • ... -' " Vesting Schedule A Participant 's vested interest is detennined, according to the Participant 's years of Service, as follows : Participant 's Years of Service Less than 5 5 or more Vested Percentage of Participant 's Accrued Pension 0% 100% Service as used in Article V, Sections 3 . and 4 . shall include only the Participant 's period of employment with the City of Englewood. Payment ofa Deferred Vested Pension shall commence as of the first day of the month next following the Participant's attainment of age fifty-five (55) ifhe is living ; howe ver. if the Participant requests a refund of his Contribution Accumulation under Article Vlll, Section 1.b . hereof, he shall forfeit such Deferred Vested Pension . If a Participant retires pursuant to this Section prior to the last day of the month, his first payment hereunder shall include a partial payment prorated from his date ofretirement to the end of the month . ' Section 4 . Deferred Vested Pension Amount : A Participant who meets the requirements for a Deferred Vested Pension shall receive a monthly amount equal to : Two and one-half percent (2 1/2%) of his Final Monthly Compensation multiplied by his first twenty (20) years of Service with the Employer, plus one percent (1%) for each additional year of service, to a maximum of sixty-five percent (65%) of Final Monthly Compensation. Section 5. Supplemental Disability Pension Amount : This Section 5. shall not be effective for Plan Years beginning on or after January I, 1998 . A Participant hereunder shall be eligible for a Supplemental Disability Pension if his Covered Employment with the Employer is terminated due to Disability. A Participant who meets the requirements for a Supplemental 02-29211.06 V-2 ., . ' .... I • 0 • • • .. ,. -· • ,. -.. .. • -.. Disability Pension shall receive a monthly Pension equal to twenty percent (20%) of his Compensation being received at the date of his Disability. Section 6 . Supplemental Disabilitv Pension Commencement. This Section 6 . shall not be effective for Plan Years beginning on or after January I , 1998 . Payment of a Supplemental Disability Pension shall commence on the first day of the month following the date of Disability. If a Participant is entitled to a Supplemental Disability Pension pursuant to this Section prior to the last day of the month, his first payment hereunder shall include a par1ial payment prorated from his date of disability to the end of the month . The Supplemental Disability Pension amount shall be paid monthly until the Par1icipant anains his Normal Retirement Date Payment of the Supplemental Disability Pension shall cease should it be subsequently determined that , by reason of retraining, improvement in condition, or for any other reason, the Par1icipant is no longer permanently Disabled from performing the duties of any occupation for which he is qualified ; and there shall be deducted from the amounts payable under Article V , Section S hereof. an amount equal to any income earned by the Par1icipant as a result of personal services (either as an employee of another or on his own behalf). Any such Supplemental Disability Benefit provided pursuant to this Section shall be reduced in accordance with the following provisions: a. b. C. 02-29211.06 If the Participant receives or had received within one year prior to the awarding of a disability benefit an award under the "Workmen's Compensation Act of Colorado," the Supplemental Disability Pension shall be reduced by one-half of the award made pursuant to said act. If such award was made in a lump-sum amount, the reduction shall be made according to rules adopted by the Board. If the Participant has any earned income other than that provided by the Supplemental Disability Pension and, if applicable, a workmen 's compensation award that provides a total income greater than an amount equal to one hundred percent (100"/o) of the base salary provided to an active Par1icipant of the same rank at which the Participant retired , the Supplemental Disability Pension shall be reduced by twenty-five percent (25%) of the additional earned income . Any provision herein to the contrary notwithstanding, any Supplemental Disability Pension provided pursuant to subsection a . or subsection b . of this V-3 ., . I • 0 • • -• • ~ .,,-. • ,. ·.' ... • -... Section shall be reduced by the pro rata amount of any social security benefit received by the Participant attributable to the Participant 's quarters of social security coverage derived from his employment for the Employer. Section 7. No Decrease in Benefits: This restated Plan shall not result in the decrease of benefits accrued by any Participant under the Previous Plan immediately prior to the Effecti ve Date of this restated Plan . Section 8 . Increases in Benefits : Provided that the Trust Fund is properl y funded as provided in Article IV hereof, and upon recommendation of the Board. the City Council of the City of Englewood may annually vote upon and approve a cost-of-li ving increase in the Accrued Pension being paid to any Panicipants receiving benefits under this Plan . Section 9 . Deferred Retirement Option Plan (DROP): a . Effective Date : Notwithstanding Article I, Section 2 .i , the provisions of this Section 9 shall be effective on the first day of the month which falls at least thiny (30) days after the date of receipt of a fa vorable determination letter from the Internal Revenue Service for the Plan . ,._b.~_...,T,_,_it..,.le=: The program set fonh in this Section 9 ma y be referred to as the "DROP ." c . Applicability : The provisions of this Section are applicable with respect to those otherwise eligible Panicipants of the Plan whose election to participate in the DROP occurs on or after the effective date contained in Section 9 .a ., of this Article V . An "Eligible Participant" is any Panicipant who has attained the Normal Retirement Date in accordance with Article I, Section 2 .n. A "Panicipating DROP Member" is any Eligible Panicipant who has elected to participate in the DROP as provided by this Section 9 . d. Pur:pose : The purpose of the DROP is to allow an Eligible Panicipant to elect, in lieu of immediate termination of employment and receipt of Pension, to continue employment for a specified period of time and to have the Eligible Participant 's contribution under Article IV and Pension paid into the DROP account until the end of such specified period of the Participating DROP Member's participation, at which time employment is to cease. Upon completion of the specified period, the Participant shall receive his Pension as provided by Article VI, Section I ., and a distribution from his DROP account pursuant to Section 9 .m., of this Article V . Ol-29211.06 V-4 ' . . . I • 0 • • -• ,. ,,.-. • I• ... • -.. e. Partic ipation : An Eligible Participant ma y participate in the DROP only once. An Eligible Participant may elect to participate in the DROP upon filing of written notification with the Board not less than sixty (60) nor more than ninet y (90) days prior to the date of intended participation . f. Term : The duration of a Participating DROP Member 's participation in the DROP shall not exceed a total of five years . As a cond ition precedent to participation in the DROP, the Participating DROP Member shall execute an irrevocable agreement with the Employer in the form prescribed by the Board, wh ich shall , among other item s. clearly and unequivocally state that the Participating DROP Member must retire no later than the date prescribed in the agreement which may not exceed the fifth anni versary of the Participating DROP Member 's partic ipation in the DROP. and the Participating DROP Member shall also acknowledge that no di sbursement of an y DROP fund s can occur absent the retirement or death o f t he Participat ing DROP Member g. Interrupt io n of Partic ipat io n . If the Part ici pat in g DROP :\!emb e r · s participation in the DROP is interrupted by military serv ice , there shall be no interrupti o n of membership in the DROP . Such a Participating DROP Member's Pen s ion s hall continue to be paid into the Participating DROP Member's DROP account while in military service for the balance of the five-year maximum term elected by the DROP Member under subsection f. Upon return to emplo y ment w ith the Emplo yer, the Participating DROP Member shall be given the opportunity to make up the Participant contributions under Article IV that would have been made to his DROP account were he not in military service in accordance with Code Section 4 I 4(u). In no event, however, will the term of participation of a Participating DROP :\!ember exceed the term elected under subsection f. h. Effect on Participation in the Plan : L'pon commencement of the Eligible Participant 's participation in the DROP, a Participant 's Serv ice credit, Final Monthl y Compensation and his Accrued Pension shall be frozen . A Participating DROP Member shall not share in any subsequent formula improvements . However, a Participating DROP Member shall share in any ad hoc increase granted to retired Participants. i. Contribution : Upon commencement of the Eligible Participant 's participation in the DROP, the Pension provided in Art icle V and the Participant 's contribution provided in Article JV shall be paid into the Participating DROP Member 's DROP account . In no case shall the Employer contribution, provided for in Article IV , Section I, be used to fund the DROP . The Pension transferred or paid to a Participating Member 's DROP account shall not constitute annual additions under Code Section 415 . j. Administration of DROP Assets : The DROP assets shall continue to be commingled for investment purposes as part of the Plan and shall be credited with net investment earnings and losses at the same rate as other assets in the Plan . The Board of Directors of the Fire and Police Pension Association shall be authorized to charge each account a fee for administration of the DROP . A DROP account shall be established for 02-29211.06 V-5 .. . .. I • 0 ,---------c-----------~-----~ .. ,------------------------- • • ,,-. • • •• each Participating DROP Member. Such DROP account shall be adjusted . no less frequently than annually, for contributions, distributions and net investment earnings and losses . k. Regulations : The Board is authorized to adopt rules and regulations governing the DROP . I. Fees: If the DROP account shall be subject to any fees or charges of any kind, such fees or charges shall be charged to the Participating DROP Member's account . m. Form of Pavment : For purposes of this Section 9, a "Retiree" is a Participating DROP Member who terminates employment or reaches the five-year limit for participation in the DROP . A Retiree must choose one of the following forms of payment from the individual's DROP account : (I) Deferred Payment : Distribut ion from a DROP account may be deferred until a date designated by the Retiree . When designating the date upon which distributions shall commence, the Retiree must also designate the form of payment from one of the available options . Regardle ss of the date chosen by the Retiree, all distributions must commence no later than the year in which the Retiree anains the age of 70 Yi; (2) Lump Sum : A one-time distribution of the Retiree 's entire account balance, including a direct rollover under Article XV; (3) Periodic Payments Designating an Amount : Distribution of the Retiree's account balance by monthly payments in an amount designated by the Retiree, until the entire balance of the account is distributed ; (4) Periodic Pavments for a Designated Period of Time : Monthl y payments to the Retiree for a period designated by the Retiree . The payment will be calculated such that upon the occurrence of the last monthly payment, the entire balance of the account will be distributed ; (5) Initial Minimum Required Distribution : Account balance is distributed as periodic payments that are calculated based on the Retiree's life expectancy (and the life expectancy of the Retiree's designated beneficiary, if applicable); or (6) Combination of Lump Sum and Periodic Payments : An initial lump sum payment of an amount designated by the Retiree, followed by a number of subsequent monthly payments in an amount designated by the Retiree, until the entire balance of the account has been distributed . Regardless of the form of payment the Retiree chooses, the minimum distribution amount will be determined and made in accordance with Code Section 401(a)(9) and the regulations thereunder, including minimum distribution incidental death benefit requirement of Proposed Regulation Section 1.401(a)(9)-2. The minimum distribution is 02-29211.06 V-6 • . ' 0 I • 0 - • • -. ,. ',• • • - ... .. ' reca lc ulated annually on the basis of the life expectancy of the Retir ee and the Retiree 's designated beneficiary, if applicable. If elected in writing before the req u ired begi nning date under Code Section 40 I (a)(9) by the Retiree, and/or the Retiree · s spouse. if applicable, the life expectancy of the Retiree and/or the Retiree 's spouse shall be recalculated annuall y . If the Retiree makes no se lection as to fo rm of payment w ith in 30 da y s of termination of employment or expiration of the five-year limit for part ic ipation in the DROP, a lump sum payment shall be made . All distributions need to follow the dist ri bution guidelines from the F ire and Police Pension Association . n. Participating DROP Member 's Death · Spousal Beneficiarv: If the Participating DROP Member dies during the period of the Participating DROP Member 's participation in the DROP and the Participating DROP Member's de signated beneficiary is the Participating DROP Member 's surviving spouse to whom the Participat ing DROP Member was legall y married at the time of the Participating DROP ~!ember 's death . th e Participating DROP Member 's designated bene fici ary shall receive, at the beneficiary 's option, a lump sum payment from the deceased Participating DROP M e mber · s indi v idual DROP account balance or equal monthly installment payments from the deceased Participating DROP Member 's indi vidual DROP account over a peri o d not to exceed the spouse's life or life expectancy. If no selection is made by the des ignated beneficiary within 60 days of death of the Participating DROP Member, a lump sum pay ment shall be made o Participating DROP Member 's Death; No n-Spou sal Beneficiarv A married Participating DROP Member may designate someone other than hi s spo use to be a primary beneficiary. provided spousal consent as prescribed in An icl e VIII , Sectio n I b is obtained If the Participating DROP Member dies during the pe riod of the Parti ci pating DROP Member 's participation in the DROP. and the Participat ing DROP Member's designated beneficiary is someone other than the Participating DROP Member's surviving spouse to whom the Participating DROP Member was legall y married at the time of the Participating DROP Member's death, the designated beneficiary shall receive a lump sum payment equal to the deceased Participating DROP Member's individual DROP account balance . p . Participating DROP Member's Death · No Designated Beneficiary · If the Partic ipating DROP Member dies during the period of the Participating DROP Member's participation in the DROP, and the designated beneficiary has not survived the Participating DROP Member, the Participating DROP Member 's estate shall receive a lump sum payment equal to the deceased Participating DROP Member's individual DROP account balance. g . No Impact of DROP Participation on Other Death or Disability Benefits : DROP participation shall not affect any other death or disability benefit provided to a 02-2921 l.06 V-7 ... I • 0 - • • • .. ....... • ' •• .. Panicipant under federal law, state law, city ordinance, or any rights or benefits under any applicable collective bargaining agreement. r. Retroactivity <Back-DROP}: For purposes of this Section 9 .r., "Retroactive Panicipation Date" means January l , 1999, or such later date, as would have been on or after an Eligible Panicipant 's retirement date , but prior to the Effective Date of the DROP, and which was selected by the Eligible Panicipant to commence panicipation in the DROP . Notwithstanding Section 9 .a., of this Article V, an Eligible Participant who would have qualified for the DROP on his Retroactive Panicipation Date, had the DROP been in effect on that date, may elect to have his individual DROP account credited with a one- time lump sum payment. Such one-time lump sum payment shall equal the sum of (1) the number of Pension payments which would have been payable prior to the Effective Date of the DROP, had they commenced on the Participant 's Retroactive Participation Date ; plus (2) the number of months of Participant contributions, which were made prior to the Effective Date of the DROP , commencing on the Panicipant's Retroactive Panicipation Date ; credited with interest using the actuarial interest rate assumption provided in Article I, Section 2.b. Such lump sum payment shall be made as soon as administratively feasible after the Effective Date of the DROP . lfa Panicipating DROP Member elects to have the one- time lump sum payment deposited into his DROP account, the fi ve-year period specified in Section 9 .f of this Article V will begin to r..m. not on the date of such election, but on the Panicipating DROP Member's Retroactive Participation Date . Ol-29211.06 V-8 ., .... ' . .. • I • I • 0 32 . ]- • • ·· . ., ' • • •• ARTICLE VI Form of Payment .. .. .. Section 1. Normal Form of Pension -Single Life : Unless Anicle VI, Section 2 . hereof is applicable, any Pension accrued under Anicle V hereof, will be paid as a Single Life Pension. Under this form of Pension, monthly payments are made to the Participant during the remaining life of the Participant. Section 2 . Involuntary Cash-outs or lnvoluntarv Payments Less Frequentlv Than Monthly: If a Pension payable under this Plan is less than One Hundred Dollars ($ I 00) per month, the Board may direct that, in lieu of such monthly Pension payment, the Actuarial Equivalent thereof shall be paid in quarterly, semiannual, or annual amounts, or as a lump-sum amount. 02-29211.06 VI-1 ,, . .. , . .. .. ' .. ) I • 0 3 X . ]- • • • --------~------------------------.. " • ,~ ~... ' ,. .. • - .... -. ARTICLE vn Death Benefits Section I . Death Benefit for Surviving Spouse or Dependent Parent : If a retired Participant who is receiving a Pension benefit hereunder shall die, leaving a surviving spouse or dependent parent or parents, such surviving spouse or dependent parent or parents shall be awarded a monthly annuity equal to one-half(l /2) of t he monthly Pension of the retired Participant at the time of his death so long as the survi ving spouse or dependent parent remains unmarried . If such payment is to be made to two dependent parents, it shall be divided equall y between them . No dissolution of a subsequent marriage shall have the effect of reinstating said spouse or dependent parent on the Pension roll or authorizing the granting of a Pension . A Pension shall be paid to the surviving parent or parents of a deceased retired Participant onl y if there is no surviving spouse or children. Section 2 . Death Benefit for Dependent Children : The Board shall direct a Death Benefit be paid to the surviving spouse or parent, or the legally appointed guardian, of each dependent child of a deceased retired Participant who was, at the time of his death , receiving a Pension benefit hereunder . Such Death Benefit shall be a monthly annuity equal to one-eighth (I/8th) of the Pension of the retired Participant at the time of his death for each dependent child, to continue until such child reaches the age of sixteen ( 16) years or dies , if earlier . Section 3 . Death Benefit after Eligibility for a Deferred Vested Pension : lfany Participant should die after he is eligible for a Deferred Vested Pension hereunder but before Pension benefits have commenced, his spouse, if living, or his estate, if no spouse or if his spouse is not living, shall be entitled to receive the Participant's Contribution Accumulation in a single sum . In lieu of this single sum, a surviving spouse may elect the monthly death benefit set Vll-1 02-29211.06 ., , I ) I • 0 - • • .. • .. : ... . ( .. • •• .. .. .. forth in Section I. of this Article VII to begin on the first day of the month following the date the Participant would have attained age fifty-five (55). Section 4 . Proof of Death: For the purpose of this Plan, the production of a certified copy of the death certificate applicable to the deceased shall be sufficient evidence of death, and the Board shall be fully protected in relying thereon . In the absence of such proof, the Board may rely upon such other evidence of death as it deems necessary or advisable . VII-2 02-29211.06 .. . ' I . 0 32X .]- • • .. • --• ' ?·a,..., ... . ' .. • • ' ARTICLE VIII Contribution Accumulation Refunds Section L Contribution Accumulation Refund to Panicioant : .. .. a. Prior to Eligjbilitv for Pension Benefits: If any Participant 's employment \\ith the Employer is tenninated before he qualifies for a benefit under the provisions of Anicle V hereof, he shall be entitled to receive his Contribution Accumulation in the form of a single sum payment; however, in order to receive such single sum payment, he must apply in writing . b After Eligibility for Deferred Vested Pension Benefits : If any Participant 's employment with the Employer is tenninated entitling him to a Deferred Vested Pension hereunder, he may elect in writing to receive his Contribution Accumulation payable in a single sum at any time prior to the commencement of his retirement benefit ; provided , however, that such election shall not be effective unless his spouse (if he has a spouse who can be located) consents in writing to such election, acknowledges the effect of such election and has such consent and acknowledgement witnessed by a Plan representative or a notary public . If a Panicipant does not elect to receive such payment, it shall remain in the Plan and he shall receive his regular Deferred Vested Pension in accordance with the provisions hereof. In the event the Participant elects to take his Contribution Accumulation as set forth above, his Deferred Vested Pension otherwise payable hereunder shall be forfeited . c . Forfeiture on Death : If benefits are payable from the Fire and Police Pension Association upon the Participant 's death, then the Participant shall forfeit his Contribution Accumulation . d. Forfeiture on Disability: If benefits are payable from the Fire and Police Pension Association upon the Panicipant's Disability under Section 31-31-803, Colorado Revised VIII-I 02-29211.06 • . ., ~ ' .. • 0 I • 0 32X - • • .. • ,. .. .. .. :·. ·, • .. •. ~ .. .. .. Statutes (and prior to May 23, 1996, under Section 31-30-1007, Colorado Revised Statutes), then the Participant shall forfeit his Contribution Accumulation . VIII-2 02-29211.06 ., ·•\, . ' I· 0 32X • • ~ ~~· • I• • •. ... • -' ARTICLE IX Administration by Board of Trustees Section I . Establishment and General Duties : There is hereby created a Board of Trustees ("Board") who shall manage, use, and disburse the Trust Fund in conformity with its rules , bylaws and this Plan . The Board shall take all necessary steps and pursue all necessary remedies for the preservation of the Trust Fund . Section 2. Members : The Board shall consist of(a) the Ma yor of the Emplo yer, (b) the Director of Finance of the Employer, who shall be treasurer of the Trust Fund. (c ) one Member appointed by the City Council and (d) three (3) Membe r s who are acti ve, ret ired or deferred vested Participants. Such Participant members shall be elected by a majorit y vote of the Participants hereunder . The Chairman shall be elected by the Board . Section 3. Terms : The Board shall serve terms of office as follows : the Mayor for tenure in office; the Director of Finance for tenure in office ; the City Council appointed Member shall be for a three (3) year term of office; and the three (3) Members who are active retired or deferred vested Participants shall be for a three (3) year term of office . Initial election of the Participants shall be conducted to elect one (I) member for three (3) years, one (I ) member for two (2) years and one (I) member for one (I) year, and their tenure of office shall run from January I to December 31 of each year . The Board shall arrange for elections of such Board members and shall establish the rules and procedures to be followed in such elections . Section 4 . Meetings : The Board shall hold a minimum of two (2) general meetings each year. Special meetings of the Board shall be held at any time at the call of the Chairman or any three (3) members of the Board. 02-29211.06 IX-I '· ' . ..: . I • 0 - • • • .. --·· • I .. ~, ... ... • - Sect io n 5 Q uorum : A majorit y of the members of the Board shall constitute a quorum . Section 6 Majo ri tv Vote : All actions taken by the Board shall be by a vote of a majority of those present at such meetings, except that no member of the Board shall vote on any matter which penains solely to himself or to his rights or benefits under the Plan . Section 7 . Compensation : No member of the Board shall receive compensation for his service on the Board but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Board. Section 8 . Rules and Regulations : Subject to the limitations of the provisions of this Plan, the Board shall from time to time establish rules and regulations for the performance of its functions and the administration of this Plan . Section 9 . Powers : The Board shall have all powers necessary to supervise the administration of this Plan and the Trust Fund and to control its operation in accordance with its tenns, including, but not by way of limitation, the following : a. To interpret the provisions of this Plan and to detennine an y question arising under the Plan, or in connection with the administration or operation thereof; b. To detennine all considerations affecting the eligibilit y of an y Employee to be or who becomes a Panicipant of the Plan : c . To detennine the Service credit of any Panicipant and to compute the amount of any sum payable under the Plan to any person ; d . To authorize and direct all disbursements under the Plan ; e . To employ any person or organization to obtain such clerical, medical. legal and actuarial services as it may deem necessary or appropriate in carrying out the provisions of this Plan . In accordance with Section 31-30 .5-205 , Colorado Revised Statutes, it is the duty of the City Attorney to represent the Board ; f To make or arrange for valuations and appraisals of the assets held under this Plan and with the advice of an actuary, to detennine the liabilities of the Plan; g . To create reserves for such assets for any purpose; 02-29211.06 IX-2 • 0 I • 0 - • t • .. • ,,,-- • . . )-'I .. ., .. .. -. ... ): • ... •• .. ... h. With the advice of an actuary, from time to time to adopt for the purposes of this Plan, such mortality and other tables as it may deem necessary or appropriate for the operation of the Plan ; i. To authorize the Chairman of the Board to sign all legal documents and reports on behalf of the Board; j . To hold the assets of the Plan in trust, and invest and reinvest the same and to make such withdrawals therefrom as may be authorized by this Plan for the payment of benefits and expenses of the Board and members thereof The Board may select a Corporate Trustee, Custodian or an Investment Advisor to assist in the management of the Trust Fund . k . To maintain such records and accounts and to render such financial statements and reports as may be required from time to time . Section 10 . Decisions : Any decisions of the Board and any action taken by it with respect to this Plan, shall be conclusive and binding upon any and all Participants, retired Participants, their beneficiaries, heirs, distributees, executors, administrators, and assigns, and upon all other persons whatsoever . All decisions made by the Board shall be made in a nondiscriminatory manner. Section 11 . ReJ)(llt of Board : The Board shall make an annual report to the Employer on the condition of the Trust Fund . 02-19111 .06 IX-3 .. .. '• .. I • 0 32X - .. • .. • •• .. ' ARTICLE X Trust Fund Section I . Establishment of Trust Fund : A Trust Fund has been established for the purpose of receiving contributions, and paying benefits, under this Plan. The Board shall administer the Trust Fund in accordance with the terms of this Plan . The Board, in its discretion, may with City Council approval appoint a Trustee, insurance company or investment manager to invest all or a portion of the funds . Section 2. Payment of Contributions to Trust Fund : All contributions under this Plan shall be paid to the Trust Fund to be held, invested and reinvested therein . All property and funds of the Trust Fund, including income from investments and from all other sources . shall be retained for the exclusive benefit of Employees, as provided in the Plan, and shall be used to pay benefits to Employees or their beneficiaries, or to pay expenses of administration of the Plan and Trust Fund to the extent not paid by the Employer, except as provided in Article XIV , Section 4 . hereof Effective January I , 1999, the Plan became affiliated with the fire and police pension association in accordance with Colorado Revised Statutes Sections 31-30 .5-2 11 and 31-31-70 I . Ol-29211.06 X-1 ' ' .. f • I 0 ' ' . I • 0 32xll - • • • .. • -·· • ,. :,. ,. • -' .... ARTICLE XI Special Governmental Requirements Section I . Maximum Annual Benefit Under Code Section 415 : Notwithstanding any other provision contained herein to the contrary , the benefits payable to a Participant from this Plan, shall be subject to the limitations of Code Section 415 in accordance with subparagraphs a .. b ., c . and d . below : apply : 02-29211.06 a. Definitions : For purposes of this Section the following definitions sha ll (I) "Annual Addition·· shall mean the sum of the following addit io ns to a Participant 's individual account for the Limitation Year : (a) Emplo yer contributions (including salary reduct io n contributions); (b) His own (after-tax) contributions. if any ; ( c) Forfeitures, if any . Annual Additions to other Employer defined contribution plans (also taken into account when applying the limitations described below ) include an y voluntary employee contributions to an account in a qualified defined benefit plan and any employer contribution to an individual retirement account or annuity under Code Section 408 or to a medical account for a key employee under Code Section 40 I (h) or 4 l 9A(d), except that the 25%-of-pay limit below shall not appl y to employer contributions to a key employee 's medical account after his separation from service. (2) "Earnings" for any Limitation Year shall be the Employee 's earned income, wages, salaries and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the Employer (including, but not limited to , commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses}, provided such amounts are actually paid or includible in gross income during such year . Earnings shall exclude the following : (a) Employer contributions to a plan of deferred compensation which are not included in the Employee's gross income for the taxable year in which contributed or Employer contributions under a simplified employee pension plan to the extent such contributions are deductible by XI-I " " 0 I • 0 • • • .. ,,--· • • - the Employee or any distributions from a funded plan of deferred compensation ; (b ) Amounts realized from the exercise o f a nonqualified stock option, or when restricted stock (or property) held by the Employee either becomes freely transferable or is no longer subject to a substantial risk of forfeiture ; (c) Amounts realized from the sale. exchange or other disposition of stock acquired under a qualified stock option ; and (d) Other amounts which received special tax benefit s, or contributions made by the Employer (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Section 403(b) of the Code (whether or not the amount s are ac t uall y excludable from the gross income of the Empl oy ee ). Notwithstanding the preceding sentence, Earnings for a Partic ipant w ho is pe rm a nentl y and totally disabled (as defined in Code Section 22(e)(3)) is the compensat io n such Partic i pant would have recei ved for the Limitation Year if the Participant had been paid at the rate of compensation paid immediately before becoming permanently and totall y disabled ; fo r Limitation Years beginning before January I , 1997, but not for Limitation Years beginning after December 31, 1997 , such imputed compensation for the disabled Participant may be taken into account only if the Participant is not a highly compensated employee (as defined in Code Section 414(q)) and contributions made on behalf of such Participant are nonforfeitable when made . For Limitation Years beginning on or after January I , 1998 , for purposes o f appl yi ng th e limitations of this Article, compensation paid or made available during such Limitation Year shall include any elective deferral (as defined in Code Section 402 (g )(3)). and an y amount which is contributed or deferred by the Employer at the election of the Employee and which is not includible in the gross income of the Employee by reason of Code Section 12 5 or 4 57 . b. Defined Contribution Plan{s) Only : The Annual Addition t o a Participant's individual account hereunder (together with the Annual Additi o ns to the Participant 's account(s) under any other defined contribution plan(s) mainta ined by an Affiliated Employer) for any Limitation Year may not exceed the lesser o f: (I) Thirty Thousand Dollars ($30,000 .00 ) (as adjusted under subsection 415 (d) of the Code for such Limitation Year); or (2) Twenty-five percent (2 5%) of the Participant 's Earnings for the Limitation Year . c. Defined Benefit Plan{s) Only : (1) Any annual Pension payable to a Participant hereunder (including any annual Pension paid to such Participant from another defined benefit plan of 02 -19211.06 XI-2 ' ' ) .. • l I • 0 • • 02-29211.06 • ' . ',. . . • -... the Employer) shall not exceed Ninety Thousand Dollars ($90,000) adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his delegate, effective January I of each calendar year and applicable to the Limitation Year ending with or within such calendar year . (2) Except as provided in the following , which imposes additional limitations on the amounts payable to Participants with less than ten ( I 0) years of Service, the foregoing limitation shall not be applicable with respect to any Participant whose annual Pension under this Plan and an y other defined benefit plan maintained by the Employer, is less than Ten Thousand Dollars ($10,000) and such Participant has not at any time participated in an y defined contribution plan (within the meaning of Section 415(k) of the Code) maintained by the Employer. (3) In the event that a participant has been credited with less than ten (10) years of Service, the maximum annual Pensi o n allowable under this Section shall-be reduced by multiplying such maximum annual Pension by a fraction , the numerator of which is the number of such Panicipant"s years of Service (or pan thereof), but never less than one(!). and the denominat o r of which is ten {I O). (4) (a) The limitations of this Sect io n appl y to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity , provi ded payment begins between ages sixty-two (62) and sixty-fi ve (65 ) lf payment is in a different form , the amount thereof shall be adjusted to be the Actuarial Equivalent of a single life annuity and the limitations shall be applied to such adjusted amount . (b) If payment begins before the Panicipant 's attainment of age sixty-two (62), the limitation in c .(1) above shall be reduced on an Actuarial Equivalent basis ; provided, however. if such payment begins after the Panicipant attains age fifty-five (55), the reduced limit shall not be less than· seventy-five Thousand Dollars ($75 ,000) and , if payment begins prior to the Participant attaining age fifty-five (55 ), the reduced limit shall not be less than the Actuarial Equivalent of the seventy-five Thousand Dollar ($75 ,000) limit for age fifty-five (55); (provided, funher, however, as to police or firefighters who are Participants in this Plan, in no event shall such amount be reduced below Fifty Thousand Dollars ($50,000), adjusted for increases in the cost of living , as prescribed by the Secretary of Treasury or his other delegate). For Limitation Years beginning on or after January I , 1997 , the provisions of this subsection (4)(b) shall not apply to Participants who are "qualified participants" under Code Section 415 (b)(2XG). ( c) If payment begins after the Participant's attainment of age sixty-five (65), the limitation in c.(l) above shall be the Actuarial XI-3 • ... ., • I ) I • 0 ·] -------.:-------------------.·---~-....--------------- • • • • t ·•· ... • - " Equivalent of su c h amo unt o therwi se applicable at the Partic ipant 's attainment of age sixty-fi v e (65 ). (d ) The interes t rate to be used in determining ,\ctuarial Equi valence s hall be the rate spec ified in Anicle L Section 2 .b . hereof, however, the interest rate used in det ermining an Actuariall y Equi valent single life amount or an Actuariall y Equivalent pre-age s ixty-two (62) amount shall not be less than fi ve percent (5%) and the interest rate used in determining an Actuariall y Equ iv alent post-age sixty-five (65 ) amount shall not be g reater than fi v e percent (5%). (5) In no e vent shall a Participant 's maximum annual P e nsion allowable under this Section be less than the annual Pens ion (including earl y Pension and qualified joint and survi vor annuity amounts) dul y ac c rued by su c h Participant (under Code Sect ion -H 5 limitations then in effec t ) a s o f December 3 l. 1982, or as of December 3 l , 19 8 6, whichever is greater (di s regarding a ny Plan changes or cost-of-li ving adjustments occ urring after Jul y l. 198'.!. a s to th e 198: acc rued amount. and May 5. 19 8 6, as to the l 9 8 6 ac crued a m o unt ) (6 ) For Limitation Years beg inn ing on and after J a nua ry I , 199 5, th e provisions of subsect ions (3) and (4 )(b) shall not apply to De a th B enefit s under Anicle VII . d . Defined Benefit and Defined Contribution Plan s : I( in an y Limit a t io n Year a Participant also pariicipates in one or more defined contribut ion plan s maintained by the Employer, then for such Limitation Year, the sum of the De fi ned Benefi t Plan Fraction and Defined Contribution Plan Fraction (as desc ribed bel ow) fo r s u ch Limitat io n Year shall not exceed one. The Defined Benefit Fract ion for an y L imitat io n Yea r sha ll mean a fraction (a) the numerator of which is the projected annual be nefi t o f the Participant under the Plan (determined as of the clo se of the Lim itat io n Year), and (b) the denominator of which is the lesser of 125% of the dollar limitation under Code Section 41 S(b)( I )(a) or 140"/o of the percentage limitation under Code Section 4 l 5(b )(1)(8 ) for the year of determination (taking into account the effect of Section 235(g)(4 ) of the Tax Equity and Fiscal Responsibility Act of 19 8 2 ). · The Defined Contribution Fraction for any Limitation Year shall mean a fraction (a ) the numerator of which is the sum of the Annual Additions to the Pariicipant 's accounts under all defined contribution plans maintained by the Employer as of the close of the Limitation Year (subject to reduction to the extent permitted under the transition rule in Section 23 5(g )(3) of the Tax Equity and Fiscal Responsibility Act of 1982), and (b) the denominator of which is the sum of the lesser of 125% of the dollar limitation under Code Section 41 5(c )(l )(A ) or 140% of the percentage Limitation under Code Se ction 415 (c )(I)(B), for such Limitation Year and for all prior Limitation Years during which the Employee was employed by the Employer (provided, however, at the election of the Board, the denominator shall be increased by using for Limitation Years ending prior to January I , 1983 , an amount equal to the denominator in effect for the Limitation year ending in 1982 , multiplied by the transition fraction provided in Code Section 415 (e) (6) (B)) 02-29211.()6 Xl-4 • I • 0 - ... p --• . .. • • .. ... If, in any Limitation Year, the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction for a Participant would exceed one without adjustment of the amount of the maximum annual Pension that can be paid to such Participant under paragraph c .(I) of this Section, than the amount of the maximum annual Pension that can be paid to such Participant under paragraph c .(I) of this section, shall be reduced to the extent necessary to reduce the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction for such Participant to one, or the Board may take such other actions as will cause the sum to equal one or less. This subsection d . shall not be effective for years beginning on or after January I , 2000 . 02-29211.06 XI-5 .. ,, ' . .. : ' ~ ' • . ' - 0 I • C, 2xl - • ~ r" • • ,. :'t I ·~ • -.. ARTICLE XII Guarantees and Liabilities Section l. Nonguarantee ofEmplovment: Nothing contained in this Plan shall be construed as a contract of employment between the Employer and any Employee, or as a right of any Employee to be continued in the employment of the Employer, or as a limitation of the right of the Employer to discharge any of its Employees, with or without cause . Section 2 . Rights to Trust Assets : No Employee shall have any right to . or interest in , any assets of the Trust Fund upon termination of his employment or otherwise. except as provided from time to time under this Plan , and then only to the extent of the benefits payable to such Employee out of the assets of the Trust Fund . Neither the Emplo yer, the Trustee, no r an y member of the Board shall be liable to an y Employee or beneficiary for benefits from this Plan. except for those payable from the Trust Fund to a Participant in accordance with the terms of the Plan and the Trust . Section 3 . Nonalienation of Benefits : Benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment , pledge, encumbrance, charge, garnishment, execution, or levy of any kind. either voluntary or involuntary, either prior to or subsequent to being received by the person entitled to the benefit under the terms of the Plan. Any attempt to anticipate, alienate, sell , transfer, assign. pledge , encumber, charge or otherwise dispose of any right to benefits payable hereunder shall be void . The Trust Fund shall not in any manner be liable for , or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder. None of the unpaid Plan benefits or Trust assets shall be considered an asset of the Participant in the event of his insolvency or bankruptcy . Xll-1 02.29211.06 0 I • 0 - • • • --------.. ------------------------~--~------- • .. . . • •• .. .. Notwithstanding the foregoing, in accordance with Section 31-30 .5-208, Colorado Revised Statutes (and prior to May 23, 1996, Section 31-30-313, Colorado Revised Statutes), the Board may approve: ( 1) payment to an alternate payee based upon an assignment for child support purposes as provided for under Sections 14-10-118(1) and 14-14-107, Colorado Revised Statutes, as those statutes existed prior to July I , 1996 ; (2) income assignments for child support purposes as provided for under Section 14-14-111 .5, Colorado Revised Statutes, effective July l, 1996; (3) writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt ; and ( 4) effective January I. 1997 , payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to Section 14-10-113(6), Colorado Revised Statutes. Such payments shall not be deemed a prohibited alienation of benefits . The Board may promulgate rules or procedures governing the implementation of such court orders, commonly known as domestic relations orders . Such rules or procedures may include the requirement that a standardized form be used by the parties and the court for an order approving the parties ' agreement to be effecti ve as well as other provisions consistent with the purpose of Colorado Revised Statutes 14-10-113 (6) . XII-2 02 .m11 .06 ., .. . ' .. I • 0 - • -· ..... ' . • .. • • •• .. ARTICLE XITI Amendments .. .... Section l. Right to Amend : The Employer (or other body duly authorized by the ' .. Employer) reserves the right to make from time to time any amendment or amendments to this Plan which do not permit reversion of any pan of the Trust Fund to the Employer except as provided in Anicle XIV, Section 4 . and which do not cause any pan of the Trust Fund to be used for, or diverted to, any purpose other than the exclusive benefit of Panicipants included in this Plan and which do not, directly or indirectly, reduce any Panicipant 's Accrued Pension unless such amendment is required in order to maintain the Plan 's qualified status under Code Section 40l(a); provided, however, that no such amendment may be made without the consent of at least sixty-five percent (65%) of the active Panicipants, at the time the Plan is so amended, as provided in Section 31-30.5-210 of the Colorado Revised Statutes . XIII-I 02-29211.06 .. '• • 1 .. I • 0 32X • • .. --· • t ~., ' .. • •• ' ' ARTICLE XIV Withdrawal and Termination Section I . Plan Termination : If permitted by Colorado Statutes and approved by the Colorado Fire and Police Pension Association, the Employer may at any time, by adoption of a resolution, terminate this Plan . A partial termination of this Plan will occur if required under the qualification requirements of Section 40J(a) of the Code . Section 2. Allocation of Assets Upon Plan Terminati o n: U pon termination or partial termination of the Plan, the benefits accrued up to the date of termination by the affected Participants and their beneficiaries, respectively, shall be non fo rfeitable ; however, actual payment of such benefits shall only be to the extent permitted from the Plan assets . The assets of the Trust Fund shall be allocated to provide such nonforfeitable benefits, to the extent possible, in the order of precedence determined by the Board at such time . Section 3 . Manner of Distribution : Any distribution after termination of the Plan may be made at any time, and from time to time, in whole or in part , to the extent that no discrimination in value results, in cash, in securities, or other assets in kind (at fair market value), in the form of a Pension or a continued Pension, in nontransferable annuity contracts, or in installments , as the Board, in its discretion, shall determine . In making such distribution, any and all determinations, appraisals, apportionments and allotments shall be made by the Board acting under the information supplied by the actuary and shall be final and conclusive and not subject to question by any person . Section 4 . Amounts Returnable to the Employer: In no event shall the Employer receive any amounts from the Trust, except such amounts, if any , as set forth below : XIV-I 02-29211.06 ' . •, A I • 0 -,.. .t/ ' '. .· ...... ·, .. • • ., ... ... a. Upon termination of the Plan the Employer shall receive such amounts, if any, as may remain after the satisfaction of all liabilities of the Plan to its Participants and their beneficiaries, and arising out of any variations between actual requirements and expected actuarial requirements . b . In the event of a contribution made by the Employer by a mistake of fact , such contribution may be returned to such Employer within one ( 1) year after payment thereof c . If the Employer's detennination letter issued by the District Director of Internal Revenue u to such Employer's adoption of this Plan is an initial determination letter and is to the effect that the Plan and Trust herein set forth or as amended prior to the receipt of such letter do not meet the requirements of Sections 40l(a) and SOl(a) of the Code, the Employer shall be entitled to withdraw, within one (I) year of the date of issuance of such letter, all of its contributions made on and after the Effective Date. as though it had never adopted this Plan and Trust. Section 5 . Applicable Law : All questions arising with respect to the provisions of this Plan shall be determined by the application of the laws of the State of Colorado, except to the extent such law is preempted by Federal statute. XIV-2 02-29211.06 ' -., .. { ~ • • I· 0 32X • • .. ~ .-·· • ,. ·-• • .. ' ' ARTICLE XV Direct Rollovers =S=ec~t=io~n~J~. -~G~e=ne=r~al~: This Anicle applies to distributions made on or after January I. 1993 . Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Article, a Distributee may elect, at the time and in the manner prescribed by the Board, to have an y portion of an Eligible Ro llo ver Distribut io n w hich exceeds $200 paid directly to an Eligible Retirement Plan specified by the D is tributee in a Direct Rollover. If a Distributee 's Direct Rollo ver Distribution is les s than $500 . t he D is tribut ee may only elect to Direct Rollover 100% of the Eligible Rollo ver Distribu tio n Section 2 . Definitions : a. Eligible Rollo ver Distribution : An Eligible Rollo ver Di stribution is an y distribution of all or any portion of the balance to the credit of the Di stributee, ex cept that an Eligible Rollover Distribution does not include : any distribution that is one of a ser ie s of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) o f the Distributee and the Distributee's designated Beneficiary, or for a specified period o f ten years or more; any distribution to the extent such distribution is required under Code Section 40l(a)(9); and the portion of an y distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized apprec iat ion with respect to Employer securities). b . Eligible Retirement Plan : An Eligible Retirement Plan is an indi vi dual retirement account described in Code Section 408(a). an indi v idual retirement annuit y described in Code Section 408(b), an annuity plan described in Code Section 403 (a), or a qualified trust described in Code Section 40 I ( a), that accepts the Distributee ' s Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity . c. Distributee : A Distributee includes an Emplo yee or former Employee. In addition, the Employee 's or former Employee 's surviving spouse and the Employee 's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order. as defined in Code Section 4 l 4(p ). are Distributees with regard to the interest of the spouse or former spouse . d. Direct Rollover: A Direct Rollover is a payment by the Plan to one Eligible Retirement Plan specified by the Distributee . 02-29211.06 XV-I . 0 I • 0 J- • • .. --• 4 • --.. .. e. Waiver of JO Day Notice for Cashouts ofS5 ooo ($3 500 prior to January 1 1998} or Less: Ifa distribution is one to which Code Sections 40l(a)(l l) and 417 do not apply , such distribution may commence less than thirty (30) days after the notice required under Treasury Regulation Section l.41 l(a)-l l(c) is given, provided that: (I) the Board clearly informs the Participant that the Panicipant has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and (2) the Participant, after receiving the notice , affirmatively elects a distribution . XV-2 ,. ' "· . ' 0 ) I . 0 32X - • • • --• •" .. ' -• •• ' IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing instrument comprising City of Englewood Police Pension Plan (As Amended and Restated Effective January l, 1999), the Employer has caused its seal to be affixed hereto and these presents to be duly executed in its name and behalf by its proper officers thereunto authorized this __ day of _____ ~ 19 _. AlTEST: CITY OF ENGLEWOOD, COLORADO City Cleric -IDucrishia A . Ellis 02·29211 .06 ' .. I ) .. .,, . ' • .. ' ' . I· 0 3 - • • • RESOLUTION NO.~ SERIES OF 1999 1• I .. ' -·· • • • A RESOLUTION AUTHORIZING THE NOTIF1CATI01' OF PROPERTY OW r ERS OF ASSESSMENTS WITHIN PAVING DISTRICT NO. 38 ESTABLISHI::s/G A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS . .. /Oc./ ' ... WHEREAS, by Ordinance No. 54 , Series of 1998 , passed on final reading and adopte d on August 17 , 1998, the City Council of the City of Englewood, Colorado, h as created Paving Di s trict No. 38 (the "District") within the City for the purpose of constructing and in s talling s treet pavin g, curb, gutter, sidewalk and storm drainage improvements, together with n ecessary incidentals; and WHEREAS , the total costs for the construction and installation of the improve ments have been reliably ascertained ; and WHEREAS , a statement showing said improvement costs and a propose d apportionment of the same against the real property within the District has been filed with the City Clerk: and WHEREAS , the City Council has considered the special benefits accruing to each lot or tract of land withm the District by reason of the malung of the unproveme nts and has determmed t hat the apportionment of the assessments for said improvements, as set forth in the assess ment r oll . is in accordance with such benefits ; and WHEREAS, Section 11-2-7 of the Municipal Code of the City provide s that prior to the final passage of an ordinance levying assessments upon the real property in the District, the City Council shall . by resolution, aet a time and place for a public hearing on the a ssessments: and WHEREAS , Section 11-2-7 further provides that the date of the hearing shall not be le ss than fifteen (15) days after the first publication of such notice ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Sectjon 1. That the City Clerk is hereby authorized and directed to notify the owners of the r eal property to be assessed for the improvements by publication of this Resolution in three consecutive weekly issues of the Englewood Herald, a newspaper of general circulation in the City , that the total costs of the improvements have been reliably ascertained, that such costs have been apportioned according to benefits, and that a hearing on the assessment roll will be held on Tues day, September i , 1999, at the Municipal Building, 3400 S. Elati Street, in Englewood, Colorado, at 7:30 P .M . or at such later time as the City Council is able to hear it in its normal course . In addition , notice of the time, date and place of the hearing shall be mailed to each owner of real property to be assessed with the cost of improvements, on or about the date of the first publication of this Resolution. Sectjon 2. The whole cost of the improvements to be constructed and installed within the District is $1 ,394,470.83, of which amount the City of Englewood will pay $658,936.40, leaving $735,534.43, to be assessed against the real property within the real property specially benefited and included within the District. The amount to be assessed against each lot or tract of land is set forth in the assessment roll filed with the City Clerk. Section 3 . That any complaints or objections which may be made in writing by the owners of real property within the District or any citizen of the City, filed in writing on or before the date of the hearing in the office of the City Clerk, will be considered and heard by the City Council. 02-46623 .01 ', .. . , I • 0 ]- • • .. --• .,. .. .. ~ ...... • - .,, Section 4 . That any complaint or objection to the validity of the assessments or the proceedings taken therefore s hall be deemed waived unless presented in writing at the time and in the manne r set forth above. Section 5 . That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid , such judgment shall not affect, impair or invalidate the remairung provisions of this Resolution, it being the intention that the various provisions hereof are severable . ADOPTED AND APPROVED this 16th day of August, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia Ellis, City Clerk I . Loucrishia Ellis, City Clerk of the City of Englewood, Colorado . certify the above is a true copy of Resolution No. ~ Series of 1999 . Englewood Herald First Publication: Auguat 20, 1999 Second Publication: August 27, 1999 Third Publication: September 3, 1999 02-46623 .01 Loucrishia Ellis, City Clerk 2 ..... ... '· 0 I • 0 . ] • • .. ~ .,-. • , . . .. .. .,. • ' .,, -.. ... COUNCIL COMMUNICATION Date Agenda Item Subject August 16 , 1999 10 Ci Resolution Authoriz ing a Pub li c Hearing on Assessments for Paving District No . 38 Initiated By Staff Source Department of Public Works Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 40 on March 17, 1997, declaring the City 's intent to form Paving District No. 38, Ordinance No. 34, 1997, creating Paving District No . 38 , and Ordinance No . 54 , 1998. re-creating and re-establishing Paving District No . 38 . RECOMMENDED ACTION Adopt a Resolution to notify property owners of assessments within Paving District No . 38 and to establish Tuesday, September 7, 1999 as the date for a Public Hearing on assessments . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section 11-2-7 of the Englewood Municipal Code provides that prior to the final passage of an ordinance levying assessments upon the real property in the District, the City Council shall , by resolution, set a time and place for a public hearing on the assessments. Construction cost estimates for Paving District No. 38 were prepared by staff in February, 1997 , and included in Resolution No . 40, March 17, 1997 declaring the City's intent to form Paving District No . 38. Bids for the construction of Paving District No . 38 , opened June 18, 1998, reflected highly inflated costs in the construction industry, driven by labor shortages and cement shortages , that caused concrete unit prices to increase approximately 50% over the past 18 months . These increased costs will cause many property owners in Paving District No . 38 to receive assessments far exceeding estimates published during the 1997 formation of Paving District No. 38 . Staff believed that it was necessary to amend Ordinance No. 34, 1997 that created Paving District No . 38 in order to address the actual costs associated with the construction of Paving District No . 38 . Council approved the ordinance amending , re-creating and re-establishing Paving District No . 38 on first reading July 20, 1998. A Public Hearing on the ordinance was held on Monday, August 17, 1998. To facilitate beginning construction of this project during 1998, and consequently taking advantage of the bid process for this project from June , 1998, Council varied from its normal procedure and approved the ordinance on final reading at the August 17, 1998 Council meeting, making this ordinance in full force and effect at 12:01 a .m. September 20, 1998. .. . ., .. .. . . . ) I • 0 -J- • .. • --• . ' r., .. ~/ ·' .. • • .. ... ~ This variance allowed for award of a construction contract at the September 20 , 1998 meeting, which gained six to eight weeks of productive construction for the project in 1998. The majority of construction has been completed. A portion of the project, however, is being delayed by the Public Service Company relocating the power poles. The balance of the District, South Windermere St. from Quincy Ave . to Tufts Ave., and West Stanford Ave . from Windermere St. to Navajo St., will be completed in the Fall of 1999. FINANCIAL IMPACT ... Funding for the City's portion of the project, in the amount of approximately $658,936.40 of which currently $520,000 is budgeted in the 1997 and 1998 PIF. An additional appropriation in the amount of $210,000 was transferred to the project budget for a total of $730,000 (Ordinance No . 54 in 1998). The assessment total will be $735,534.43, which includes legal fees, contingencies, etc., bringing the project total to $1,394,470.83. Voters in Paving District No. 38 approved a sale of bonds in the amount of $970,000 on November 4, 1997. Municipal bonds are to go on sale in October of 1999. The City's portion of this project is approximately $71 ,063.60 lower than originally anticipated. This money will go back into the Capital Projects Fund balance . Section "A" (assessable) $735,534.43 UST OF ATTACHMENTS Proposed Resolution Section ·e· (City} $658,936.40 Total $1,394,470.83 ' . .,_ ,; ' ., • • I ' ... ' 0 I . 0 • • • • 7 .. "., ..... • • .. ' ' "' ' ') COUNCIL COMMUNICATION Date Agenda Item Subject Award a Contract for Motorized August 16, 1999 10 C ii Horsecar Repairs Initiated By Department of Public Works I Staff Source Ken Ross . Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council adopted the 1999 Budget authorizing staff to spend up to $125 ,000 to make needed repairs on the motorized Horsecar. RECOMMENDED ACTION Staff seeks Council approval, by motion, to award a contract to AutoCrafters , Inc., in the amount of $11,615.80, recognizing that if internal rust is discovered, additional work will need to be accomplished in order to property complete the repairs . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The motorized Horsecar is being refurbished . There is extensive rust on this unit , and as a result , spec ialized fabricat ion is required on the affected body panels . Once these body panels are removed , additional rust may be discovered on the framework . In that event , staff will negotiate with AutoCrafters. Inc . for a firm price to complete needed repairs . AutoCrafters, Inc. is a local Englewood business, performing much of the body work on vehicles in our City fleet. They have the ability and expertise to do the rehabilitation and fabrication required for body panels such as those on the motorized Horsecar. Super Vac, located in Loveland , is the only other known body and paint specialist that, to our knowledge, can perform this type of work . We prefer contracting with an Englewood business holding a proven track record with the City of Englewood, which, additionally, would simplify transporting the vehicle and would be less costly. AutoCrafters , Inc . has agreed to work with us to accomplish these repairs in time for the Holiday Parade in November. Pat White, our Fleet Administrator, will monitor all aspects of this work for the City of Englewood . FINANCIAL IMPACT There is $125,000 budgeted in the Public Improvement Fund account. The required body work is only one aspect of the needed repairs , but we do not anticipate any glitches that will cause this budget to be overrun. UST OF ATIACHMENTS Estimate from AutoCrafters, Inc. for all items that can be identified by physical inspection of the Horsecar. ,. ' I • 0 I ,---------------------------··-------------------~~ • • 11.0 . C-EII ACCIIEJS 'fEAII ltlAKE 111'AIII x y X >< ,,-. • , ... I;' • - The AutoCrafters Inc:. Automotive Body & Paint Specialists 761-6832 3063 So. Tejon Engle wood, Co. SO 110 C. '-r)-F !fv.~ L HOME e... u; er. f>HONE I DATE / 7 IUIINE!i:$ /IHONE cli ~..-r::-~ "1 I ~::·1kl~a.,. s.n.i No. IIE/IVICI ( 1/ftCIII/ITION 0, LA.OIi Q~ TEIIIAL /IAIIT NIJMIEII NET f ,I-T_ F.,, -r /Yl e T.e. I .0 .., J IS r-r;:...., R1--T RT JJ eel .£.~-f; .I-, -,;-. ...., If ;..:L L.T; Jh c.~r ~e ~ ,I., 7,,.;,.., R 1-L ~v-, J/..e_,J,,..,~ d--r;.;--: ' _, o ~ .lh J.._~ -J-Fv r I<.,.,..,,+ k:,. I IZ b~ S-f;:.., Ro.., -f"' C< r v? .::..-• I_J F'O OQ z:,.,!... ct,.,c ...... .,,f .. s~~r 4-V ,.,~,..; ... __ -me. To I I/ / ':JS-,:) C)~ r:-. vt r ~-.41 le... f-c_ ~ le;.~ QC, O<.<.rr )_f-:." t_ / C f-ee v C ... rt..-f-r l2S"o co R.: -1 / ~oo-F /7S c.c R;vi-;-1.,,;-/!,/ t:._ ._k /~~ ... eo P..; -r-t" f'..,; ""\. ,.,-Q....., 1.1. S oO -1 -~ R.: -'l f-L-ff:..::~..., 7S'o CQ / H: v .. "t ~J/.,, -~/ .]10 co 7 . J 1 ._;_+ /7/ ~V t:; I. .,:e-.... T-~ "'1 a ... J ~.,~vt,ffi-f r~sT -lc5) ,OC. "'T , TOT AL I..AIOII 9,,,.. ~o 10TAL /IA/ITS TDTALNET - TAX -/IAID OUT row. ITO/fAGI 10TAL I ES7 .• 'f l coL OII TAG NO . M il~ /IA/IT'$ I.AIOR I I /,? ,.3 2?~ I 2 2. le? I / b l e- I I ..Z la t.7 1-o /6 l c I .?Y I C I I ;, la I ?i a /G i a r, l a I I I I I I I i?Y7lo o l{~i51F'o ffEASSEl,I" Y CHG$. (II •--'lubl•I IXHCTID CO""-ETIO#DA Tl STORAGE : $10.00 PeR OAY .. .. Oiwuambiy of any pan listed ""tin or on 1'9pair order. wdl pr..,.,, r•toration of u,d parts to ongin,I condition . O,,stomen .,., r,wons1ble fo r 1ll 1»ru pr ice increases beyORd our control. lier Colorado ''Motor Veh icle Repair Act of 1177"'. -. • I I· 0 • • .. • • ... ... .. ·~ • -.. ' .. COUNCIL COMMUNICATION Date Agenda Item Subject Award Contract for exterior Site Lighting at Englewood August 16 , 1999 10 C iii Recreation Center Initiated By Staff Source Department of Parks and Recreation Jerrell Black , Director of Parks & Recreation Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Staff recommends Council award , by motion, a construction contract in the amount of $38,070.00 to Electrical Contracting Services for "Englewood Recreation Center-Site Lighting". Staff has reviewed the qualifications and experience of the low bidder, Electrical Contracting Services , and finds them acceptable. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Construction of the Englewood Recreation Center was initially completed in 1985. Recreation Center patrons and staff have recognized the need to upgrade the parking lot exterior lighting . Parks and Recreation retained the services of an electrical engineer, JCN Engineering , to evaluate and design lighting improvements. JCN recommended a design meeting current light level standards and addressing our needs regarding safety of Recreation Center patrons and staff . FINANCIAL IMPACT Seven bids were received for this project as detailed in the attached Bid Proposal Tabulation . The Engineer's Estimate for the project is $45,000 . Adequate funds are available within the Miscellaneous Infrastructure Account No. 03-03 . UST OF ATTACHMENTS Bid Proposal Tabulation Contract Form ' , . .. '\, ... • I A I I ) I . 0 2 I • • ---· • , .. . ,. .. • - BID PROPOSAL TABULATION ENGLEWOOD RECREATION CENTER -SITE LIGHTING .. . ' 0 10 :00 AM , J ULY 9 , 1999 BIDDER SUBMITTED BASE BID ACKNOWLEDGE EXCEPTIONS / COMM ENTS BID BOND AMOUNT ADDENDUM 1 ELECTRIC CONTR. SERV. YES $ 38,070.00 YES NONE STURGEN ELECTRIC YES $ 42,989.00 YES NONE GREINER YES $ 43,985.00 YES NONE GENERIC ELECTRIC YES $ 46,000.00 YES NONE DUFFY ELECTRIC YES $ 48,738.00 YES NONE PIPER ELECTRIC YES $ 52,643.00 YES NONE NATIONAL ELECTRIC YES $ 54,300.00 YES NONE Engineer's Estimate by JCN Engineering; $45,000 • 0 :-J- • • • .. • , ... ,. .. • -' CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement. made and entered into this 16th da v of Au2ust 1999 . by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", party of the fir st part , and ELECTRICAL CONTRACTING SERVICES hereinafter referred to as the ·'Contractor", party of th e second pan. WITNESSETH. commencing on the 9•h dav of June. 1999. and continuing for at least ten ( 10) days thereafter the City advertised that sealed proposal s would be received for furnishing all labor. tools. supplies. equipment. material s and everything necessary and required for the following : PROJECT ENGLEWOOD RECREATION CENTER SITE LIGHTING WHEREAS , proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the City Engineer to the Mayor and City Council with a recommendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract , the mutual agreements hereinafter contained are subject to the terms hereinafter stated: A. Contract Documents : It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached hereto , bound herewith or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments , drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: .. I • 0 - • • .. ,. • • •• Adverti se ment of Notice for Proposals Proposa l Contract (thi s instrument ) Performance Payment Maintenance Bond Receipt. Re lease, Waiver of Claims Special Provi sion s General Conditions Detailed Specifications Plans and Drawing s B . Scope of Work : The Contract o r agrees to and shall furni sh all labor. to o ls . supplies , equipment. material s and everythin g necessary for and re quired to do , perform and complete all the work de sc ri bed. drawn. set forth , shown and included in said Contract Documents. c. Terms of Performance : The Contractor agree s to und e rtake the performance of the work under thi s Contract within ten ( 10) da ys from being notifi ed to commence work by the Director of Publ ic W rk s and agree s to fully complete said work within ONE HUN DRED ONE (IO 1) cale ndar day s fr om the date of said notice , plu s such extension or exten ion s of time as may be granted b y the Director of Public Work s in accordance with the provi sions of the General Conditions. D. Terms of Payment : The City agree s to pay the Contractor for the performance of all the work required under thi s contract .. and the Contractor agrees to accept as his full and only compensation wherefore , s uch sum or sum s of mone y as may be proper in accordance with the price or prices se t forth in the Contractor's Proposal hereto anached and made a pan hereof, the total estimated cost thereof being THIRTY-EIGHT THO USAND AND SEVENTY dollars ($ 38,070.00). E. Appropriation of Funds : At pre se nt , $ 38 .070 has been appropriated for the project. Notwithstanding anything contained in thi s Agreement to the contrary , in the event no funds or insufficient fund s are appropriated and budgeted by the governing body or are otherwi se unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions on the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available . The City shall immediately notify ELECTRICAL CONTRACTING SERVICES or its assignee of such occurrence in the event of s uch termination . F . Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto , their heirs , executors, administrators, assigns, and successors. • . ' ) I • 0 - • • .. • .. .. • •• .. .. [N WITNESS WHEREOF , the parties have caused the se presents to be igned personally or by their duly authorized officers or agents and their seals affixed and duly attested the da y and year first above written. Thi s Contract is executed in 4 counterparts . CITY OF ENGLEWOOD .. 0 ELECTRICAL CONTRACTING SERVICES Contractor by~~~~~~~~~~~~ Thomas J . Bum . Mayor Party of the Fir t Part by~~~~~~~~~~~~ Party of the Second Part ATTEST : (Corporate seal ) Secretary (signature) ATTEST: City Clerk Approved as to form : City Attorney " .. ·\ ; I • 0 32X :-0- 1 I \...,J --• t• ;•t <J "'\..._, · .. .. -. ·, • •• ' ~. COUNCIL COMMUNICATION Date Agenda Item Subject Award contract for vertical platform lift at Englewood August 16, 1999 10 C iv Recreation Center Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Parks & Recreation Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION Staff recommends that Council award by motion , a contract in the amount of $57,446 to Certified Elevator Company, Inc. for the installation of a vertical platform lift at the Englewood Recreation Center. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED -.. The Parks and Recreation and Public Works Departments have researched Americans with Disabilities Act (ADA) compliant elevators and vertical platform lifts in order to provide access for the disabled to the second floor of the recreation center. The vertical platform (wheelchair) lifting device consists of machine tower and lifting platform installed within a steel frame, capable of lifting 750 lbs. FINANCIAL IMPACT Two companies were planholders, with one company submitting a bid ; Certified Elevator Company . The bid of $57,446 is within the Council approved Public Improvement Fund budget of $116 ,696 UST OF ATTACHMENTS Bid form -Certified Elevator Company Contract document Photograph • • ... ,. . '• ,;. ) I· 32X I ....... J 0 - • • TO: C:r:1 oi E::g !ewood P~rc:::mr:g De;iamne:it . .>..::n : Be:::, Goosman 230 0 So~;:.', P!ar.:e Rive: Dnve E:ig !e·.vood. CO 80 10 (303 ) 762-239:Z • •.. . • •• BID FOR'W I .. .. ... ., FROY!: _________ c_e_r_t_i _f1_· e_d_E_l_e_v_a_to_r_C_o_m_p_an-'y'-,_I_n_c_. ______ _ PR OJECT E~GLEWOOD RECREATION CE~TER ELEVATOR (Vertic:il Pl:itform lift) . .>..CK):0\\'L !:DGEY IE ::--;Ts . Tne ur:ce:s;g::e _ b1c:d e: :ick:l owled ges the following: l . Ex.l r::m:m on oi: pl:msheets CS , A-1, A-2. and E-1. :is pre;iared by Coo ve: 'Clark :ind . .>..ssoc i:i tes. 2. Ex:irr:ma!:on oi ,h e Invnanon to Bid and Spec 1fic :it:ons she ets. J. E:c;:n :n :i uo n of rhe sac lnd exisnn2: co nd1nons . -1 . Re~::pt oi Jcde:idum numb e:s (none ) AGREE\!E:'-."TS : The unc e:s 1g:ie:i bidder agrees :o th e follow ing : l. T.:i ho ld :l'.e :,id ope:i for 45 d:i ys. 2 . To :i ccomp hsh the work m :iccordance wtth th e do cuments and bid cond iuons. 3 . Ti:e Ciry :e se:--1es ,he :.ght :o :i w:ird the ~ontr:ic t on the basis of cost. sche::ule or Conrr :ictor qu :1 lific:it1ons . -1 . To sub r::n :i ob schecul e ior C1ry approva l pr.or to award of the bid . Tr,e Cny :e se:-ves the nght to c:1 '! m another Contr:ic tor to co mp 'ete work le f; unrimshed or if th e :igre e:: u;:or: sc :-.ec u:e 1s not met :ind dec uct :in y cost from th e origm:i l contr:ict :irr:o ur.t. 6. r ~e :,ice:: '::1s :nc!uced ,h e costs of pl:m rev1e·.v , bu1ic:ng pe:r.i n fee s. :ir.c :.ise :ax. m the bid :im ou nt. BASE BID PR OPOSAL: We propos e :o co mp lete th e proj ect for the lump sum amount of: Fifty Five Thousand Eighty Si x---------------Doll ars (S_S_S_,,_O..c..8_6.;;... O_O ____ _, A t .#1 ENC PL-144 fra me to be painted PAL 6028 green, add: $2 ,360.00 Datec :r.1; 19th d:iy oi ___ J_u_l_y ____ l99 9 Com ;:-:;~.:-: ____ Ce_r_t.;..1_· f_i_e_d__:E--1..:e_v..:a..:.t.:..o_r_.:.Co.:..m'-'p:..a:..n_,y'-"''---'I __ n..:c..:.·-------------- Adcres;: 991 0 E. Costil l a Av. Ste B, Englewood, CO 80112Phone 303-768-8900 ~ l,\,j4 Pn,<oom, Aothooy Mat,yko Sign:1rure : ,. 1,.' '• ) I • 0 2 I ,J • • t~ ./1 .. , .. • • • CO NTRACT CITY O F E"JGLE W OOD , COLORADO .. ... THIS CO:---TR.-\CT lnd lgreemenr. :nade and ente:ed mro th1s _____ d:Jy or _________ . 19 _ by lnd be~.,ee:1 the Cu::: o i'Engkl'ood. J municipal Ol1Jorat:on oi'the Stare orColorldo he:e:mfter :e :erred :o 1s the .. C1 ry ... parry oi' the first pan. lnd ----------------he:emlite: referred to 1s the .. Contrac:or ... parry o r the second pan. WIT:---ESSETH . -:ommencmg o n th e-----Jay oi _________ . J 9 _. and :onrmu1I1g for lt lea st te:1 ( 10) days thereafter the C ity advemsed rhar ;ea ld propos a s ,.,ould be rece:wd for rum1 shmg J I! labo r. tools. supplie s. equ1pme:1r. marenlls and everything ne c:ss lr:-an d required :or th e folio,, mg · PR OJ ECT E'.\"GLEWOOD RE C RE.-\ T!OX CE '.\"TF.R ELF.\ .. -\ TOR /\"ertical Platform lif!l WHERE . .\S. proposals pursuant ro said ad,·en1se::-:ec.r ha•. e been rece1 , ed by th e :Vla yo r lnd Crrv Counc1l 1nd h~, e been c:mried by the C ity Engineer re the :Vlayo r and City Co u:1 11 \\llh a recommendanon :hat a :onrra cr fo r said \\Ork be l\\arded ro the ab o,·e named Contracro r "ho \\aS the :o,.,esr reli able lnd resp onsrb ie bidder therefo re . lnd \\"HERE . .\S. pursuant re said rec ommendano n the Conrrac : has been JWlrded re the Jbove name Contrlc.or by th~ :-.ta yo r and Ci ty Council and said Conrrac:or 1s now '.\l lhn: Jr.d b ie to pecfor:n l .l of said wo rk m ac :ordan e "1th said ad, emsemenr and h is proposal. :---O\\. THEREFORE. in cons1d era 11on o r the com;:e:1 sauon o be paid .he Co nrracr. 1h e :nurua l agreements herem afrer contained are subject to the terms hereinJtter Sil d . . ~.. Conrracr Do cu me~r s It 1s agreed y rh e ;,Jmes haere rh r rhe following ilSl o f mstrumenrs. drJ wings Jnd documents wh ich Jr e lnached he reto. bou.,d here" 11h or incorporate d he cem by reference consurute and shall be referred ro either J S he Co nrrJct Doc:irr.e:1rs or the Con rrlc t Jnd all o f sa id msrruments. drawings . and documents taken rogeth a l s l ,, ho le -:onsnrute the Co nrrJ ct between the ;,ames hecero and the y Jre JS fully J pJn o f 1h1s Jgre emenr as if th ey we :e se: ou r ve :banm Jnd in ti.ill he re in : Advenisemenr oi":---on ce for Pco~os J ls Pro posJ! Conrracr (1h1s instrume:1 tl PerformJnce Payment :V!ain1e:1Jn ce Bond Rece1p 1. ReleJse. \VJ 1ver of Clairm Speci al Pro v1S1on s General Condinons Derailed Spec1 fi c Jnons Plan s and Drawings B Sc ope o f \Vork : The Contrlcto r agrees re Jnd shJll ri.imish all labor. tools . supplies. equipment. mater ials and e, eryrhing necessary for Jnd required re do. perform Jnd ~omplere JII the wor k descnbed. drJwn, ser fo rth , sho wn and im:luded in said Contract Documents . I • 0 32x I - • • l .. • .. .. $ ' • \ ' . •• .. C. T enns of Pertormance: The Co ntractor Jgre~s to unde:take the performance or' the work unc:er this Contract wuhin ten ( 10) <b ys from bemg noufied to ·omrr.ence work by the Dtrector of Public Works Jnd agrees to full y complete said wo rk with,n ( ) ca lendar davs from the dare of sa id nottce. plus such extension or extensions of ttme as may be granted by the Dtrector of Pub lic Works in acco rdance with the prov1s1ons of the General Condiuons. D. Tenns o r'PJvment: The C ity Jgrees ro pay the Conrractor for the peno rmance of all the work requtred under this conrr:ict, ;md the Contractor agrees ro accept as his full and only compensation wherefore. such sum or sums of money as may be proper in accor<bnce with the pnce or prices set forth in the Conrracror's Proposal hereto attached ;md made a part hereof. the total estimated cost thereof be ing ________________ dollars (S ____ ~ E . Appropnatjon of Funds : At present, S has been appropnated for the proj ect. '.\'otwithstandin2 anything contal!led lll this .Agreement to the contrary, in the event no funds or insufficient funds are appropnated and budgeted by the governing body or are otherwise una\'atlable by any means wharsoe\'er ll1 any following fiscal period for which appropriations were rece i\'ed wuhout penalty or expense except as to those poruons on the .Agreement or other amounts herein fo r which funds have already been appropnared or are otherwise available. The Ciry shall immediately notify or its assignee of such occ urrence tn the event of such rerminanon. = . C onrracr Bmdin°: Ir is agreed that this Contract shall be bmding o n and insure to the benefit o f the pames hereto. the ir heirs. executors. adminis rrar ors. assigns. and succ essors . N WJT'.\'ESS WHEREOF . the parties ha ve caused these presems robe signed personally o r by their duly authorized officers or agents and thetr seals affixed and duly attested th e day and year ftrst above wntten. Th is Conrra c r ,s executed in 5 co un terparts . Conrra tor by _____________ _ Pmy or' the Second Pan ATTE ST: (Corpome seal) s~:retary (s 1gnarure ) CITY OF E:--JGLEW OOD :V!J yor Pa rry of the First Pm ATTEST: Ciry Clerk Approved as to form : Ciry .Attorne y .. •' "'\ . , . I • 0 • ',1 c:e • .. ,. _,,.-. • /• '! •• ... ... • ~ • ' ... ' ........... . • ,, 1 , .. • ... • 1.,1.,.' ...... • .......... l , .......... ·'· .··r: .. 1 .. ' :·~1 ..•. d :t.'rn 0 1.l.!:20 /CHE E u ylin e 3019 VPt Series 2000 'E~" mode ls :~ ... :t: .. ... . . "-: .. .._: .: . . ::: .. :\ ·1 r-·r . l:: .:1 • ;-.. :' ~l,'." .,1.. ... , .1. ... :1:" ..: .. r:-:\ HL" '.;. r::c.. • .. I' ... :, .. ~! ... ·!~1.:.·1-.... l :-'' ""L C'-iU !;'f'c: .. : '.\ ··~. iP r · ,, :-i.d l1 : .. :. ;-!. i:~· , . . . l !' ~...i.u q ... rc .. l \\ l C i .l :'. t'.c:.:~:-ll1 t:-:-'!,l il h:.1. ,\ L,, 1.\:-l a.:h ;-r e·. c;:: .. :;;-1.·c-:11t::::r ,r -:--c ;:-Ln : .. :-::: r:-, m tht' !.1 r...::n ...: '.!n lc .... r:1 e ..: ·\ r !~ l...l rr. L'.t ,cJ -l n~ :1..•Lk c.2 . _..1, :u :! ~c:'.:.::1r 1\,. r r 1 ' ' . .! 1 c L .. 1n c ...:e ,1 £::---.c ~ :,,r ..... c: H ·:,.c =\.T IJ n ;1 r.!.: Ex~ ::\: · m,,:d ,-1, 1r->i~:.c r ,h.:k .. 1~,: .J e .. L.:;;e _2 .. , :!"':.1 :::e c :'(.\'"l!f ~ .. H': 1nrc•,2r ,d r ,1r-,r ·he-<:-'..!L :u :-c-.:-.1 ,1tr.r '. :!h1 rr~ ... : :'", ·l/. 1,-c-:1;r ic...: ;-.tr.e ... ;,•r L".1 .. 1 e'':'"c'Ltlc.)n • .H ·!;c 'l •r' •1:c r t r:1.::· • ;.d ;.;'...:c~ .. ·~~· l r ......... ,p,1 r · • "-'r c:\,n ,i: '··t .. ~ ~-!~:.;·~~··i1:·-,.\ .. c ;\;:· i n ~ c :-:.r :-1r.~c tl ·:-,:-t:c-Ji ·I.:':-~:·· :c•.e:, • \._'"'r •: J1,J. •1..:,.:1 •I f .,;\ •-:-:t: • ~"'~~1..::-:c~ • :111.:C' ... l .. ,.:-I . .!.. '. ~ ' .l · • 1 ., .. l .-\. ,_ ~ , •• j • '\. '1 •I!:, ·1 '1',. '1 :•:_. 0 'J,.i ' r ••• \ ·•1,,:•._ ••: ~ ~ .. I • 0 32 . ]- • • • l • ' ORDINANCE NO ._ SERIES OF 1999 -· • • - BY AUTHORITY A BILL FOR .. .. COUNCIL BILL NO. 53 INTRODU~ B!leO»NCIL MEMBER A NO AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNlCIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE'.\."\', SECTION 13i :2 (i) AND 138:3 (a ) OF THE HOME RULE CHARTER OF THE CITY OF E:'\GLE\YOOD. WHEREAS , Brandon Bole, Michelle Smith and Cha rl es Butler have s ubmitted a n initiative petition: and WHEREAS, the Englewood Home Rule Charter and State Statutes pronde tha t this matter be fonvarded to the Englewood City Council afte r the City Cle rk ce rnfie the validity and sufficiency of such initiative petition: and WHEREAS , the Englewood City Clerk has certified the validity and s ufficiency of the initiative petition; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: Section ) There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 2, 1999, a propo sed amendment to the Charter of the City of Englewood. as follows: Question No Shall Article XV , Sections 137:2(i) and 138 :3 (a) of the Home Rule Charter of the City of Englewood be amended as follows : 137:2 {i). "Supervisor". An individual having the authority, consistent with other provisions of this Article , in the interest of the employer to hire. fire . transfer, suspend, lay-off, recall , promote, discharge, assign. reward , di scipline or evaluate other employees, or to adjust their grievances , or effectively to recommend any of the foregoing if. in connection with the foregoing , the exercise of such authority is not of a merely routine or clerical nature, but, rather, requires the use of independent judgment, provided, however, that individuals holding the position of lieutenant, or a functionally equivalent position, in the fire department shall not be considered supervisors as defined or used in this article , regardless of their duties or authority. -I - . ... I • 0 - • • .. • -• I• of,' ,, .. .. ·, ,)' • -.. ' ~ COUNCIL COMMUNICATION Date August 16 , 1999 INITIATED BY City Clert's Office Agenda Item 11 a i COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Subject Proposed bill for an ordinance regarding submission to a vote of the registered eledors of the City of Englewood a ballot question submitted by Charter Initiative . Loucrishia A. Ellis, City Cieri( Dan Brotzman , City Attorney This biU for an ordinance would submit to the registered voters of the City of Englewood a ballot question submitted by Charter Initiative. RECOMMENDED ACTION . Staff recommends Council approve the attached biU for an ordinance . As the Charter Initiative Petition submit1ed by Brandon Bole, Melissa Bole , Chaites Butler, Sandra BuUer and Michele Smith has been declared valid and sufficient, and the City Clertt has certified those resutts to City Council. the City Clert must certify the proposed ballot question to the Arapahoe County Cler1t and Recorder. FINANCIAL IMPACT The proposed ballot question wiU be placed on the baUot at the City's November 2, 1999 General Municipal Election. The cost of this additional baUot question would indude costs associated with an additional publication requirement and reprinting of the Charter, if the issue passes. Funds are avaUable in the existing City Clertt's budget . UST OF ATIACHMENTS Proposed bill for an ordinance Memo to Mayor Bums and City Council, dated August 12, 1999, certifying the validity and sufficiency of the Petitions . Memo from Dan Brotzman Answer to complaint filed in District Court , . .. ~ , .. ., ' \ ... I ) I • 0 3 - • • .. --• .. ;,: . '" • -... .. 138 :3 (a ). The City Council shall appoint hearing office r s who s h all have demonstrable ability in labor and employee relations to h old h earings a nd make findings and determinations with re spect to the following: disciplinary appeals. merit appeals and issues related to selection and retention of exclusive employee organizations and the determination of appropriate bargaining units. If a dispute exists over whether a person or position should be part of a bargaining unit, that dispute shall be resolved by a hearing officer , including all issues which can be raised over the application of§ 137:2(1) and the person·s or position's status as included or excluded from a bargaining unit shall remain unchanged until a hearing officer's decision. Yes 0 Sectjon 2. Each elector voting at said election and d esirous of voting s hall indicate his/her choice by depressing the appropriate counter of t h e voti n g machine or by the appropriate marking upon paper ballots where used . Sectjon 3 The proper officials of the City of Englewood sh a ll give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4 Only if the questi.on is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State. $ectjon 5. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable , the invalidity or unenfo rceability s h a ll not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 16th day of August, 1999 . Published as a Bill for an Ordinance on the 20th day of August, 1999 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk -2- "· • j .. I • 0 32X ·.]- • • • • -• ' ~ ;y re .. .. ~ .· J ,l< • .. •• ' ... .. I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced . re ad in full, and passed on first reading on the 16th day of August, 1999 . Loucrishia A. Ellis -3- ., .. .,. .. . ( . .. I • 0 32X - • • • ,,, ... ........ .. • • •• .. MEMORANDUM TO: FROM: DATE: Mayor Bums and City Council Members Loucrishia A. Ellis, City Clerk August 12, 1999 SUBJECT: Charter Initiative Petition State of Colorado County of Arapahoe ) ) ss ) .. I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31- 2-210 (3), that the Charter Initiative Petition filed with the City Clerk's Office on June 21, 1999 and July 26, 1999, has been reviewed it has been determined to be valid and sufficient. cc: Gary Sears, City Manager Sue Eaton, Human Resources Director Dan Brotzman, City Attorney Frank G,yglewicz, Financial Services Director --~· Prm :eJ 1Jn P~c,c ec :>ac er. -:.!r' ' .. ', ) I· C, • • ---:--------------------.. ,------------------------------- • • - MEMORAJ.'IDUM TO: FROM : DATE: Lou Ellis, City Clerk /\ Dan Brotzman, City Atto,;ey l .aJ August 12 , 1999 1 r ' .. .. ... REGARDING: Initiative Petition -Brandon Bole , Michelle Smith and Charles Butler. After conducting further research in the process of preparing a response in Brandon Boje Michelle Smith and Char!es Butler vs Cjty of Englewood and Loucrishja Ellis . it has come t o my attention that the procedure to withdraw the petition rather than requiring an objection prior to withdrawal was the proper method of resolving this matter. Specifically under Montero vs Meyer 795 P .2d, 242 (Colo. 1990), it has become clear that withdrawal and resubmission was the proper procedure under the majority opinion of the Colorado Supreme Court. While there are clearly equitable issues that can be argued on behalf of the City with regard to the Plaintiff's failure to file a simple letter of protest and while the City may justify that argument with the dissenting equitable opinion of Justice Quinn in the .MoJnerq case , it would be more appropriate to resolve this issue with the acceptance of the withdrawal of the petition and resubmission with a sufficient number of registered electors. I believe you were correct in your position that it would be inappropriate and improper for you to certify the original petition. You could not validate the sufficiency of the signatures once you had knowledge that there were insufficient registered electors to support the initiative petition. As you know the issue of the Clerk's role in reviewing initiative petitions will be addressed in the Colorado Legislature by the Colorado Municipal League in the next legislative session. CC : Mayor Bums City Council Gary Sears Frank Gryglewicz Sue Eaton Chris Olson DB/nf P,intea on Pecyc!ed Paper.~ .. I • C, I - • • • City of Englewood August 12, 1999 Brandon Bole 3992 South Grant Street Englewood, CO 80110 Melissa Bole 3992 South Grant Street Englewood, CO 80110 Char1es Butler 4393 South Delaware Street Englewood, co 80110 Sandra Butler 4393 South Delaware Street Englewood, co 80110 Michele Smith 4573 South Bannock Street Englewood, CO 80110 Thomas B. Buescher, Esq . 1583 Gaylord Street Denver, CO 80206 John Weigel, EFFA President 3815 South Elati Street Englewood, CO 80110 RE : CHARTER INITIATIVE PETmON ., .. ~ ,,.... . • .. • -.. 3400 S E,au Stree t E101ev:oao Co ;G rac o sc, ,0.230.:1 P~one (303 1 762-2300 (3031 762 -2 30 F AX (303 ) 789·11 5 After review of this process I am declaring the withdrawal and resubmission of the Charter Initiative Petition to be the proper procedure under the State Statutes and I am also declaring the Petition to be valid and sufficient. cc: Mayor Bums and City Council Members Gary Sears, City Manager Sue Eaton, Human Resources Director Chris Olson, Safety Services Dlrec:tor Dan Brotzman, Cly Altomey Frank Gryglewic:z, Financial Services Director ' , . ..: . . .. I • 0 - • • ORDINANCE NO.« SERIES OF 1999 .. • • . , BY AUTHORITY .. ... CO UNCIL BILL NO . 47 I1'.'TRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE VACATION OF LITILE DRY CREEK EASEMENT AT CITYCENTER ENGLEWOOD. WHEREAS , as a condition of closing, Wal-Mart has requested the vacation of the Little Dry Creek Easement (attached as Exhibit A); and WHEREAS, the City of Englewood. Colorado obtained easements for Little Dry Creek in 1967 ; and WHEREAS . subsequent development of Cinderella City , in 1965, relocated Little Dry Creek through this reach within a box culvert under West Floyd Avenue; and WHEREAS , the Englewood Public Works Department and the Englewood Neighborhood and Business Development Department have no objection to the vacation of the Little Dry Creek Easement at CityCenter Englewood as Little Dry Creek at this location is an unused easement due to the relocation in 1965 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section J. The vacation of the Little Dry Creek Easement at CityCenter 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 2nd day of August, 1999 . Published as a Bill for an Ordinance on the 6th day of August, 1999. Read by title and passed on final reading on the 16th day of August, 1999. Published by title as Ordinance No. _, Series of 1999, on the 20th day of August, 1999. Thomas J. Burns, Mayor ATIEST: Loucrishia A. Ellis, City Clerk -1- ' .. A 11 bi '· "· I • 0 - • • .. ,. • .. .. • ., .. ... ., ,. 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 If ,,: • r ·" , ' • • • \ ~ ' , ( .. ·~ \ '! ~" .. •, I • , '!!<., , .~ ; ~ , . I ' 111x:i:-m-~ Cl . I ...... ·-... ,.-. .,... 0 FINAL PLAT i' ~ NGLEWOOD CIT"Y°CENTER OF THE SE 1/4-OF SECTION 33, AND A PART OF THE SW 1/4-OF SEC. TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6ffl P.M. CITY OF ENGLEWOOD. COUNTY OF ARAPAHOE, STATE OF COLORADO i J(l• - I I I I ' I . I i, I \ .. \"i M ri u, in' :\ \ ~~ \ ~ 8 1 <t > / 8 ' U I II 1 1 , f /,SI Ml rn 9 I~ < I l I ' r-=-. I M ,, 1 ~;_'1 •• ~s l)l •. I ' ' -=---t - I ·1 1 .i I • . , 1 j l I I / f • E I /~ SE C. 3 3 , T4 S , Rt,81,i F OUND NO . 5 REBAR 'ti /C AP LS l'fJ . 12083 IN RAN GE BOX N89"46 '5B•'w' 133.00 ' I. r' • I Q:'.' ~I \ i~,\ ~ \ ·: \~ f. . > ~ '._ • \ l '.'.: 11!! : : :; ; • I It: £~,.,c l..«1cr,r:w •F Se,c ~7' ~ ± \ '! \ \ HI LITY E.AS[Mllfl --- 349.85 ' LOT 1 ~ ACRES ± . a;, < le> -------Ft!'iV 9.78· ~ I i,. Cl' .; .s, M I ~I w ..... <t > ~ z P; 0 0 " " ~ 0 ~ u i5 0 ru <ti (\J fl) w (\J iu 0 c:, 0 z I ii\ · I 0 l z t 1 1~1 3 I I C, = I ~ rn ~soo·o2·.1 ~ I_ I ; ; _ 41.00 ' C, --------·· -__ J fl) ., 9' 3 '01' "o/ 456 .04 ' i::, <P~JVAT[ ROAD"o/AY /U l IL 11 l[S ) 0 ,.: " S 89'53'01' lo/ 45 ~ 94 ' w I ..... ~ (,C) <l > -7' I :- 0 ·-.i, a 1k'. ., (U n. CD <ti ~ (\J Jj __ ('._J '· LDT l ~ .. (I] .:C1:} 2 741 A CRES + ~ 8 - w g: ~ -,, I I ~~ ::0 ;:rt I M U' ? ) C ~ cc .. :;,'.a•nP h .. , 455.37 ' C, C •. z ~ACT •c• N 7s ·oo · 4 7• ;~,"7---• » u ~ ..., ., •u I w t 6986' (I] ,I hr DC:-~ • l - •-z w :I: l.J V'I <t w V'I w ,- ...J •-=i ·, >-<t , Q <t a Ck'. w A ~ 0 M r::, z d 2 ~ ·:T Ll _,,.) ,., ,- '- 1 . WA&.11MTLOT 12 .156 A .,, nn ••n •"'n• ,-411111'9~...., • X N M • • • • RESOLUTION NO. - SERIES OF 1999 .. • • • II e, i A RESOLUTION PROVIDING COM'.\IENT ON THE REGIONAL TRA:-.JSPORTATION DISTRICT SOUTHEAST CORRIDOR PROPOSAL FOR BUILDING A LIGHT RAIL TR.-\.1:--: MAINTENANCE FACILITY AT THE GE~1ERAL IRON WORKS SITE IN ENGLEWOOD . WHEREAS , the National Environme ntal Policy Act (NEPA) so licits public partici pation and comments on projects accepting Federal funds: and WHEREAS, the Regional Transportation Di s trict ha s proposed a Light Rail Train maintenance facility in Englewood a t the prope rty known as General Iron Works, wh1ch will accept Federal funds ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT THE CITY OF ENGLEWOOD DESIRES TO PROVIDE THE FOLLOWING COMMENTS FOR THE PUBLIC RECORD ABO T TRANSPORTATION FACILITIES PROPOSED BY THE COLORADO DEPARTME.\IT OF TRANSPORTATION/REGIONAL TRANSPORTATION DISTRICT IN THE SOt;THEAST CORRIDOR PLAN : The City of Englewood supports the Regional Transportation District and its plan s to develop a Light Rail Transit System, subject to and consistent with the City's co nce rns and objectives regarding the effect of the project on its citizens. Those concerns and ob1ec t1\"es are consistent with the policies sought to be encouraged by NEPA . They include assuring the City's citizens safe. healthful , productive, and aesthetically and culturally pl easing surroundings; attaining the widest range of beneficial uses of th e envuonm e nt without degradation, or risk to health or safety ; preserving important histonc. cultural and natura l aspects of the City, and achieving a balance between population and r e ource use whi ch will permit high standards of living. In addition to providing police , fire , water and other municipal serv1ces ge nerally a nd t o the General Iron Works Site specifically, the City promotes these goals locally , for example: by purchasing and developing land for the Historic Englewood Depot Park. by renovating the playgrounds at Cushing Park, by improving West Dartmouth traffic safety and expanding the School Zone , by adopting and implementing the South Broadway Action Plan, by designing and building South Broadway improvements from Yale to U .S . Highway 285 , by administering housing rehabilitation loans for low and moderate income households , by repairing sidewalks and overlaying roads, and by administering revolving loan fund s for improving business facades along Broadway . These activities are funded through property, sales and use taxes . Englewood encourages development consistent with the foregoing goals and encourages private real property investments that generate tax revenues which contribute to the City"s ability to achieve those goals . Conversely, Englewood opposes development that removes property from the tax rolls and does not share the tax burden of contributing to implementation of those goals . .. • I 0 I • 0 • • • .. • 1• :-· .. • · . • COUNCIL COMMUNICATION Date Agenda Item Subject Approval of resolution providing comment on the Environmental Impact August 16, 1999 11 C i Statement for the RTD Southeast Corridor Initiated By City Manager's Office I Staff Source M ichael Flaherty, Ass istant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action approves a resolution commenting on the Environmental Impact Statement for the Regional Transportation District Southeast Corridor proposal. The resolution provides support for the development of the light rail system , subject to concerns and objections regard ing specific effects on the citizens of Englewood, and specifically comments on the proposed construction of a light rail maintenance facility at the General Iron site in Englewood . It is important that our comments be included in the EIS, for which a draft document is scheduled for completion the end of th is month . RECOMMENDED ACTION Staff recommends approval of the resolution . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Regional Transportation District and the Colorado Department of Transportation are conducting an Environmental Impact Statement for their Southeast Corridor project, as required by the National Environmental Policy Act of 1969. The purpose of the Act is to require public disclosure , public involvement , and the objective consideration of all reasonable alternatives. City Council has previously and continuously stated its support for the development of light rail in the Southeast Corridor. However, City Council and staff have serious concerns with the General Iron site being the "preferred site" for the maintenance and storage facility for the Southeast LAT line. Council has expressed these concerns to RTD and its consultants during meetings of City Council in June and at a planning charette held by RTD . The resolution is intended to formalize these concerns and place them on the record as part of the EIS comments . FINANCIAL IMPACT Approval of the resolution has no financial impact. UST OF ATTACHMENTS Proposed Resolution .. I • 0 - • • .. ,. . ...-. • ,. ,. • -.. ... As a fully developed s i..x-and one-half square mile City , Englewoo d also e n co urages stewardship of land and careful, deliberate action on redevelopm e nt opportunitie s. The Ci ty of Englewood further s upports compact land development patterns within e xi s ting urba n s ervice areas to reduce sprawl and traffic congestion and supports deve lopm e nt that contributes to the quality of life by providing amenities and pedestrian-friendly compa ct deve lopment patterns. The City of Englewood seeks to ensure that thes e goals are a chieved with r es pect to RTD's light rail transit development plans and that the City captures public be n e fit from the substantial public investment in light rail transit. Englewood further seek s t o e n s ure that public investments in transportation infrastructure lead to the d e ve lop m e nt of providing improved access to housing and jobs for Englewood citizens . RTD 's proposed development of the subject property does not comply w1 t h ach1 e \·e m e nt of the City's goals as follows : • Heavy Indu trial land uses and the related heavy truck traffic a r e n ot co m pA ttble wi th quiet enioy ment in the adjacent residential areas and a re incon s 1s t e nt with t h e City·_ goals to reduce traffic congestion and accompanying n oise le ve ls . • RTD 's proposed development of the subject prope rty does not ge n e rate pro pe rty , sa les or u se taxes which contribute to the City's ability to impleme nt its goal s . As a result, Englewood opposes the use of the entire General Iron Works site for a Light Rail Train Maintenance Facility. However, the City of Englewood continues to s upport the Regional Transportation District and Light Rail Transit s ystem development and supports working in partnership with RTD to achieve transit-supportive developments along the Light Rail Transit line in Englewood . In furtherance of that support, the City of Englewood is providing leadership in innovative and transit supportive development at City Center Englewood. The City of Englewood is an older s uburban community that needs to promote redevelopment of its limited land resources to move forward positively , on a sound fiscal basis, into the twenty-first century. The Southwest Corridor Light Rail offers the City of Englewood a tremendous opportunity in this regard because it provides a stimulus and a logical basis to upgrade to higher and better u ses many of the adjacent heavy industrial properties which have been progressively declining in vitality . The General Iron site is key to our planning because of its size a nd location . The cohesive 20 acre site is within the Broadway to Santa Fe corridor on which the City of Englewood has focused its planning efforts over the past two years in anticipation of the completion of the Southwest Corridor Light Rail line. The City of Englewood is about to embark on major improvements on Broadway from our northern City limits to Colorado Highway 285. Our opportunities to compliment the Broadway improvements adjacent to the Santa Fe corridor are tied to alternative uses within the rail corridor, especially at the General Iron site. ' ' ~ I • 0 -• l•a, t · ..... .. • • ' '-------- The City of Englewood believes a critical mass of transit supportive uses including housing, open space and other land uses that are compatible with existing residential la nd uses, constitute a more appropriate alternative to the use of the entire General Iron Works Site for a Light Rail Train Maintenance Facility. The City of Englewood would consider supporting a joint development which includes a Light Rail Train Maintenance Facility consistent with the foregoing conditions. ADOPTED AND APPROVED this 16th day of August, 1999. Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis ., . ' .. .. .. 0 I • 0 32X • • <' 1. 2 . 3 . 4 . Call to ord er . Invocation . .. ~ /' . • • • ' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 16 , 1999 7 :30 P.M. ,.11 Pledge of All eg iance . £1).,v)'tx) Roll Call. .. tO,ff 5 . Minutes . ~~ ~. Minutes from the Regular City Council meeting of August 2 , 1999. ~~~-Scheduled Vis itors . (Please limit your presentation to ten mJnutes .) a . /'Dennis Stowe , Littleton/Englewood Wastewater Treatment Plant Manager , will be present to address Council regarding the 1998 Reg ion VII I Operations and Ma intenance Excellence Award the Plant received from the Environmental Protection Agency . ' ~ 0 7 . Non-Sch~d11led.Vijjitors .),P~e e limit your presentation to five minutes .) n . 1-1 11 . _:__,, ~ we.,~ -::::C. q~ . df..a&YJ npy,_ .' l 'I.J,W&o m {,.(,t'-<6" 'rk-, ~ -t_ . me.. I {(~.-:f~ c,/. ~ li_e_c., _,,~ ommun ications , Prodamations, and Appointments . 8 . 9 . Public Hearing. (None scheduled) Pleau note: H you have • dlNblllty and l'INd auxlllary aids or S8('vk:tts, pleue notify the City of Englewood (303-762-2405) at INat 48 hours In advance of when eervlcH are . Thank you . • ' . • t I· 0 • • .. ---. • • - ... Englewood City Council Agenda August 16, 1999 Page2 10 . Consent Agenda . a. Approval of Ord inances on First Reading . i. ii. COUNCIL BILL NO . 52 -Recommendation from the Department of Public Works to adopt a bill for an ordinance establishing assessments for the construct ion of Pav ing District No . 38. STAFF SOURCE: Ken Ross , Director of Public Works. COUNCIL BILL NO . 51 · Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending Title 3-8-1 of the Englewood Municipal Code pertaining to the Firefighters Pension Plan. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ii i. COUNCIL BILL NO. 48 · Recommendation from the Department of Financ ial Services to adopt a bill for an ordinance adopting the City of Englewood Firefighters Pension Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iv. COUNCIL BILL NO. 50 · Recommendation from the Departme nt of Financ ial Services to adopt a bill for an ordinance amending Title 3-7-3 and 3-7-4 of the Englewood Municipal Code pertaining to the Police Officers Pension Plan . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. v . COUNCIL BILL NO. 49 • Recommendation from the Department of Financ ial Services to adopt a bill for an ordinance adopting the City of Englewood Police Officers Pension Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. b . Approval of Ordinances on Second Reading. ft c. Resolutions and Motions . ·'} 0 / t1J authorizing notification of assessments to property owners within Paving ~ ~-1,, ~ i. ~ Recommendation from the Department of Public Works to adopt a resolution (v. ""· District No. 38 and setting a Public Hearing on September 7, 1999 to gather G'\U" ~\tti ~-citizen input on these assessments. STAFF SOURCE: Ken Ross, Director Y" ~ (f:5~'l of Public Works . -• ii. Recommendation from the Department of Public Works to approve , by motion, a contract for repairs to the City's motorized horsecar. Staff recommends awarding a contract to AutoCrafters , Inc ., in the amount of $11,615.80 . STAFF SOURCE: Ken Ross, Director of Public Works. Pleau note: If you have a disability and need auxlllary aids or urvlc:H, pleae notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you . • I • 0 . ]- • • .. • • • .. . .. 0 ,;:,nglewood City Council Agenda August 16, 1999 Page3 iii. Recommendation from the Department of Parks and Recreation to approve , by motion, a contract for exterior Site Lighting at the Englewood Recreation Center. Staff recommends awarding the bid to the low bidder, Electrical Contracting Services , in the amount of $38 ,070 .00 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Ken Ross , Director of Public Works. iv. Recommendation from the Department of Parks and Recreation to approve , by motion, a contract for installation of a vertical platform lift at the Englewood Recreation Center. Staff recommends awarding the bid to the sole bidder, Certified Elevator Company, Inc., in the amount of $57 ,446 .00 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Ken Ross, Director of Public Works. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 53 -Recommendation from the City Clerk 's Office to adopt a bill for an ordinance regarding submission to a vote of the registered electors of the City of Englewood a ballot question submitted~y_ Initiative . STAFF SOURCE: Loucrlshia A. Ellis, City Clerk d Dan Brotzman, City Attorney. jvv' .,. b . Approval of Ordinances on Second Reading . ~ u'_ 1.JJ Council Bill No. 47, approving the vacation of the Little Dry Creek easement 1,,() ~-:. ~ · at the CityCenter Development. (. ~c. Resolutions and Motions. / i. Recommendation from the City Manager's Office to adopt a resolution (J .• ,. t <;Ji}[. providing comment on the Environmental nt for the RTD ~~ ~· ~ Southeast Corridor. STAFF SOURC . ichael Flahe Assistant City iq~" Ma-~ 12. :en•:.::::: ~/~~ b. Council Members' Choice. \,);$~ Ft' r_ f1_>.,eA' -~ 13. City Manager's Report . a. CityCenter Englewood Update. ., / Jl .a/./ M ~ I J/50 PINN noe.: If you hav9 • dlNblllty and nNd auxiliary aids or eervlc:H, pleUe notify the City of Englewood (303-712-2405) at 1eaat ca 11o1n 1n advanCa or when services .. needed. Thank you . • .. ... I . 0 - • • .. ,,-- • ........ • •• .. Englewood City Council Agenda August 16 , 1999 Page4 14 . C ity Attorney's Report. Adjournment. The following minutes were transmitted to City Council between 7/30/99-8/12/99 : • Englewood Clean, Green and Proud Commission meeting of July 13, 1999 • Englewood Parks and Recreation Commission meeting of July 8, 1999 • Englewood Cultural Arts Commission meting of July 7, 1999 • Englewood Planning and Zoning Commission meeting of July 20, 1999 • Englewood Public Library Board meeting of July 13, 1999 .. .. PINN nota: If you haw a dlublllty and l'INcl auxllary aids or NIVlcN, plNN nollfy the City ol Englewood (303-712-2405) at INat 48 hours In advance ol .... ~ .. IINded. Thank you. ,. ,.· 'I 0 I . 0 2x ·• ,. Q • - 0 • • I . .. ,. ..... G - 0 I· -; l -•