HomeMy WebLinkAbout1999-09-07 (Regular) Meeting Agenda-•
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September 7, 1999
Regular City Council Meeting
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ORDINANCES
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REGULAR CITY COUNCIL MEETIN G
September 7, 1999
52, 53, 54, 55
RESOLUTIONS *Y, r 87, 88, 89, 90, 91, 92, 93, 94
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I. Call to Order
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l'.NGUWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
September 7, I"'
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The regular meeting al tbc E.aglcwood City Couacil -c:a1lcd to order by Mayor Bums at 7 :40 p.m.
2. laYecadoll
The ilMx:a&ioD -Ii-by Council Member Nabbolz.
3. JIWae fl Alle...-
Tbe Pledge al Allcgiancc -led by Mayor Bums.
4. RIIIICal
Ablcac :
Council Memben Nabbolz. Gnzulis. Bradshaw, Habenicht Waggoner.
Bums
Council Member Olma
A quorum -present
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Also praeat: City Maaia' Scan
A11isu11t Cily Auoraey Reid
City Ciak Ellis
DiRctar SilllplOII, Ncipbodiood wl a--Dndopmcnt
~Mmmg«Kabln
DiRctar Glyglcwicz, Financial Scrvka
Director Roa, Public Works
Director Fonda, Utilitica
Director Bia, Pub and Rccn:atioo
(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or 11IE REGULAR MEETING or AUGUST .,. 1999 •
Council Member Bradshaw DOCCd lhc found an error oo page 9, in the huge, long paragraph, about two-
tbinls al tbc way clown . It SlalU with the word said ... "said, and I have to wort with you so that we do
a,mplimmt1 your plans." Ml. Bradshaw said itjUII doesn't make ICIISC . She suggcsled using the word
what illllCad a{ 1h11 or "lhlt wbal" WC do.
COUNCIL MEMBER BRADSHAW OFFERED THE CORRECTION AS AN AMENDMENT TO
BERMOTION •
Ayes :
Nays :
Council Memben Nabbolz, Bradshaw, Habenicht, Waggoocr, Grazulis,
Bums
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Ea&lewood City Coucil
Septeaber 7, 1999
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Absent: Council Membc:r Garrett
Motion carried and the minllles wen: approved as corrected .
6. Sdlecluled Viliton
TheR were no scheduled visiton.
7. Noa-telleduled Viliton
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Mayor Buras DOied that IIC\'en1 people bave signed up to speak about poup homes. He advised thal this is
a matla' that Council will lake up in a couple of weeks and Ibey thought ii might be helpful and a counesy
to have a llaff' member advile the resideau u to where: we are in Ibis process . So, Mayor Bums said, he
was going to call oa Bob Simpson. our Di.reclor or Neighborhood and Business DevcloprnenL to just say a
few words about where Council is in the process of reviewing our ordinances on this subjccl.
(a) Director Simpson DOied we beard from this neighborhood this last week and we wen:
awaR Ibey might be in aneodana: tonighL He said be wanlcd to provide Council with 10111C background
on this group home ordinaacc. As tllcy may be aware:, be said, we began review of the existing roning
ordinance starting ill January of Ibis year with the Planning and Z.Oning Commission. In Man:h we met
with City Council ll a Study Seaioa. They continued to receive inpm and began to put together an
ordinance tbal, really, was a balance between community objcclives for a more llringent zoaing ordinance
and the Federal Fair Housing laws . The goal, as be rc:calls, was to mainlain a very good neighborhood
cbanlcler, pro1CC1 imcgrity and prolCCI the neighborhood qualities that we value so bighly here in
Englewood. And again, be said, we 1-scd to make Sift that we were balancing Iha& against the Federal
Fair Housina laws . Whal we did, be advised, -prepare: • ordinance that he believes begins to do some
of lbal and it WM in froal of the Planning and 2.oning Commission early in Jwie and it was continued
approximalely three times to rapoad to a lol of the input Ibey have heard from Planning and Zorung and
Ille oommunily and IO c:arc:fully rc:scarch the lepl issues that are aa,ciated with this kind of ordmancc .
Mr. Simpron pointed out that ii is a very difficult ordinance to put in to place . Because. he ad\~sed. one of
the things Ibey find that is extremdy imponalll with Ibis is that we do DOI Wllll to bave this kind of
ordinance ovenumcd oa lepl tocbeic:alitu He mtaalOd that Ibey fed ii is imponaal to make sure thal
M: prolCCI the neigllborllood's iJuarity and upllold the madlllk of all citizem acn111 the board.
Ultimalely, in August, 11111 ordinance WM approved by Planning and 2.oning and is scheduled for
considerllion bef<ft Council• a SIUdy Scaioa itan and a fina reading of the ordi.-ce oa Seplember
20•, which is in two wccb. So Council will bave the opponunity to ICC what bas developed over these
many IIIOlllbl and provide coamat and fwtber dircc:tion. The public bearinp for dac ordinances are stiU
scbcdulcd and the public can come and COIIIIIIClll. So, be DOied, there will be plenty of opportunity for
public COIDIIICIII. II is our goal to bave Ibis ordinance in place by the cod of the year. We believe, be said,
1hal the Clll1'Cllt, existing l..Cllling ordinance does DOI adcqualdy prolCCt the cbaractcr and quality of our
neighbomoods and that is cxaaly why we bepll Ibis prooess . Whal we allo ICC is Iha& we believe then:
need& to be fwtber investiptioa of tbis particular problem area, which be tboug)lt the rc:sidenlS were: here to
talk to Council about toaiglll. Director Simpma mtcd Ibey believe it is actually, pemaps, more than
simply a zoning ordinance rdl&cd iSluc: and actually need& to be looked ll liom a public nuisana:
siandpoinL He said be believes 1hal the City staff and the organmlion are moving in Iha! direction and are
looking into that. He advised be would be available for questions .
(b) Dawn Davis said she had some information packets to pw out to Council . She staled
she lives in the 3SOO block or South Corona Street . First, she said, she would like to thank all of the
Council members. City officials and City employees she has talked 10 . Ms . Davis stated they have all been
very helpful to ber in gatbering information. She, as pan of a group of neighbon calling themselves
Citizms Conccmcd About Group Living Facilities, is berc: tonight to make Council aware of very serious
problems they an: having in the 3500 block of South Corona Strcet and the 3500 block of South Ogden
Street. Ms. Davis staled 1hal between May of 1996 and Augwl of 1999 there have been 333 calls for
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September 7, 1999
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service for the Englewood Polic:c Dcpanmeol lO the five addresses on Soulh Corona Slrcct calling
tbemsem:s Communily Cares. She empbasiml that she did say 333 calls for scrvic:c. Communily Cares is
a poup living facilily for troubled youlh. 1besc calls range from nmaways and missing persons. 10
assaulls, tbreals, jll\'ellile widi a knife, disturbances, figllls, loud noise. juvenile oul of conlrol. criminal
mischief, 11tCmp1 al suiciclc 1111d ooc of the latcsl, arson. As you can imagine. she said. we ha\·e several
oonc:cms. Daily tbcsc youths arc congregating on our street, OD our alley and in fronl of our homes. Under
age smoking is a huge problem here . On coundcss oa:asions Ibis has led IO arguments and fights in the
SIICCI 1111d alley. She collllllClllcd thal ii is her Wlderstanding lhal lhcsc youlhs arc DOI permined lo smoke
OD lhc premises. We arc really fed up widi lhc vile language used by lhcsc youlhs when Ibey spill oul imo
our stteeu smoking, she said. II appears that lhcsc youlhs arc allowed 10 do an)1hing Ibey want whenever
lhcy want and proper supervision is non existent. She staled we arc fed up with these youths congregating.
smoking. liaaing, using foul language. DOC moving out of lhc street IO allow cars to pass. fighting and in
general crating a public nuisance. Palting is another conc:cm Several times I have seen people who have
busioeu al Ibis poup living facilily. drive by at least three open parking spaces in front of it. tWll around in
my driveway and intenlionaUy park away from lhc facilily on lhe opposile side of the street Why don 't
tbcsc people want IO park in frool of Communily Cares, she asked . On DWIY occasion's visitors to Ibis
facilily have parted in front ol our driveways blocking us in or ouL Ms. Davis Slalcd ii appears lhal lhis
poup living facilily, as a whole, has DO rcspect or consideration for our neighborhood, propeny or
residents. She noted that IOIIIC ol tbcsc yOIIUI arc physically large and intimidating. Some arc dcfianl and
most appear IO have an attitude 11111 lhcy o-lhc neighborhood . This has led some of our neighbors to be
fearful of retaliation by shedding liS,. on tbcsc problems. II has lakcn a lac ol courage for each of us 10
come forward and prcscot tbcsc problems to you. Thcrcforc, she said, I ask all of you to take lhcsc issues
very seriously. In cloling. she said, M, lhc MCitiz.cu C-.d Aboul Group Living Facilities," have
adopted a zero IOleranc:c policy cooc:cming tlae problems oa Soudl C«ooa and Soulh Odgen Streets. Ms .
Davis advilod that we have ubd the Englewood police to adapt a 1.Cl'O tolenncc policy and urge you, as
Ci1y officials and cmployccs, to join m and adopl a zero IOleraace policy for the City of Englewood.
Wdl done, Council Member Bradshaw said.
(c) William Fuchs lllid he liws al 3S39 South Corou Street. •ilich is directly to lhe south of
lhc Communily Cares Facilily oa Corona. He llalcd 1h11 he sa-lly llqM a log when ii stutcd. when
Ibey first lllOYcd in lhcrc. but he cpl II 3 5 plloae Cills IO lhc police. He has been in CODlacl wilh lhc
Communily Cares people and he has lhcir plloac aumbcr next 10 his phone. Mr. Fuchs Slaled thal he
conlaCIS lhcm two times. or he tries IO 4cpeeling on lhc severity of what is going on. he calls lhem up 1wicc
before he even conlacts the police. So he docs try 10 deal wilh lhem neighbor IO neighbor. he said. and that
has gOlten him DO IIUCCICSI whatsoever. Thac arc cars speeding up and down lhe strcc1 and linering. He
nolcd he scooped up two shovds full of cigarcuc bults in fronl his house just lhc other day. Swearing al he
and his wife. He Sllled he COllliders 1h11 unaa:cpcablc, cspccially at his wife, thal he can pu1 up wilh a li1dc
bit of iL Ms. Fuchs ldvilCd dial he has penonally been ISllullcd and his glasses broken. There arc threats
1111d when he docs call thc police, lhcrc is rmlialion. His car has been keyed, his windows have been
broken. He said he can't proYC exactly who did it, but he has a fairly good idea. He has two dogs and he
has caugbl kids duowiaa roc:b and fiJa:nckcn II his dogs. poking them through lhc fenc:c with sticks, just
teasing them. Mr. Fuchs IIOllld he has had complaints, thc polic:c coming by because his dogs arc barking .
Well, he Ucd, that is why lhcy arc barking, because lhcy arc being teased constantly. The prior people
who lived in dial build.iag. he said, bdorc lhc Communily Cares Facilily moved in, loved his dogs, Ibey
were grcaa walChdop to have around thc neighborhood and he never had a problem. Mr. Fuchs noted lhc
graffiti llar1Cd just after they moved in and it is always after the police have come, on his instigation, and
he is lhc only pc.-who ,eta pafliti in the whole ncigliborbood. He said he has pailllcd his shed three
times. And then the vandalism, which he said he has already mentioned. Mr . Fuchs Sllled ii is getting out
of conlrol, it is devallllling his propeny . The kids arc oul in lhc street, his friends arc afraid to come over
to his house, he said, and he can't sil out and enjoy I balt>ccuc . II is becoming intolerable, he said, and he
just wanlcd IO bring ii to Council 's ancnlion.
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Ea&kwood City CCN1acil
Septeaber 7, 1999 .....
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(d) James Coleman, 4320 Souda Pamsylvania Strect, said that. ironically, this kind of set the
saage for bis topic tonight l'llhcr well . Tonight. he said, he was approaching City Council with some
qllCltions and coocerm in hope of seeking -jultificalioo of the Council's actions. The actions of not
approving or C\'ffl calling a leCOlld on the qe reduction to run for City Council. He staled that one
question he bas toaipl is wby would the City Council of Englewood shoot down such a bill that would
bclp Eaglewood reach out to it'1 Oai X cililml and make them feel a part of the polilical commWlity?
Doing IIUCh, he IIIIOd, ca belp c:lole the lqc ,-nlioo pp thal is very apparent here in Englewood.
Scc:ond.. wbco was the ... time a Council member approacbed or talked to a group of younger people and
discu-.1 the impor1allcc of paing iDwMd in die COllllllllllity or even VOiing? Mr. Coleman advised that
he has, lince bis ... visit llae and die aaly rapcmR he rec:eiwd back was "why ... look what happened to
you wbco you appw:lled City CGIIDCil, they obviously don't care about our generation or what we have to
ay." He said all he could do -qrec ud 111111e them thal bis cxpcrieace in Colorado Stale govcrmnent
and llllioml pa11111C111 ill WuhiDgton. D.C. shows that not all levels of our gCM:rnmcnl arc that way. He
explained thal loweriDg the IF limit to serve on City Council was an attempt to help make the Englewood
City Council, not aaly a liale more diverse , but more efficient in serving all of the communi ty . Such a
decision should have and still should be left to the citizens, he opined. But now the decision that is left up
to the community this NoYcmbcr, is who is aoing to remain in office. Mr. Coleman said he has faith that
the rcsidcDIS ofEaglewood will want~ who is going to respect their judgement and not dictate iL 11
is the people of EaaJcwood who have the rigbl to di ct.ale the age limit. he said. He said he would rcall)
love IOIDC fccdblct if ll all pc>ISible .
Council Member Gnzulil said sbc bad a COIDDIClll and that is just what she had kind of discussed
prmous1y. She advi.i thll 111c doCI not ae uy issuca with t11e 21. CXC11:p1 thll 111c thinks perhaps he
should ICIW Oii lOIDC of our commiaccs, IOIDC of our advilOry coauaiaees so thal he can get an
uad = llaDdiDg of the City. She comDM'llled that 111c realizes lie 'MIil away for school. so he was gone out
of the 1ta1e for IWbile and 111c dlougbl thal if he -going ID he VOiing oa lUCb ima that have taxes
lllaClled to tbcm thal pa1llpl he should be aware of, or i.vc bad fall or IIIOltlllC or taxes. things that a 21
year old ... lCICIDI lillc you bavc bad all thee expaicnas, bown-cr, 111c dlillks thal lie IICClds to learn a liale
more and part oC thal is by IICIVing within the City on the adviloly commillecl and we always have
openings, twice a year for thole commiaors.
Mr. Coleman llaled it was ironic 1h11 111c 111Y11h11 bocaule he is 20 ,-.. old aad he ii a personal banker.
He said he bandies people's fi-......,... every day. So, be aid, you don't have to be 2S to handle
tllOlc thinp. Ml. Gnzulil DCMd 1h11 ii tnac, aad 111c allo ... well, 111c said, she woa 't ID tbcrc now, but she
would speak to him afterwards rcganSing llOllldbing regarding that.
Mayor Burns advised thal normally Council docs not a>IIIIIICDI dwing this period of our agenda. People
come up and say what they want for the five minutes and then if Council has a topic they want to pursue
they do it with uff or at a Study Session. Just III people undcntand that. he said, that normally they do not
have a dialogue ll this point, because it is not part of their agenda to do so. Mayor Bums asked if anyone
on Council bad a COllllllelll now , as Ms. Grazulis has made one .
Council Member Bradshaw staled she IDOYcd it Mr. Coleman acknowledged thll he knows she did and he
apprecilla tbal.
Mayor Burns advi.i Mr. ColamD dial Council appraciala bim coming and mising this iauc again and he
was IUl'C it would he coming up bcfon: Council apiD. He said he tbinb it is an inlcrcsting issue and an
~ ia& and they should prablbly naddral it IOIDClimc in the future .
Couacil Member Olazulil said 111c waled II> rcitcnlc thll 111c tbinb 1h11 wlunteering for thee advisory
CXJllllllideel, tbcrc an: many and WC always have openings, thal would be a IUl'C fire way of putting bis foot
in the door. She Mod they aR allo impor1lal with their dccisioas.
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Ea&lewood City C1N1acil
September 7, 1999
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Mr. Coleman thanked Council for their lime.
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(e) Sue Peterson &hanked Council for lisaeoing. She advised lhal she lives on the 3500 block
of South Corona in Englewood and she has lived in her home for three yc:an. She Slllled she is here tonight
to voice her coacems and problems lbal she has bad for the past three yean in living on the same block as
Community Cares. Ms. Pctcnoo llaled that her primary job is at a kcnoel and every day she becomes very
f'ruslraled, because 99% of the clop tbal she a,mcs in allllaCt with are tocally out of control. And then she
realizes her anger should not be dircCl.ed at the dogs, but at the owners who ballC failed to discipline them.
She said she finds, irooic:ally, tbal she is in the exact same position in her home life, living in the same
block as Community Cares. A group of teclll who ICCID to lack any form of lUpCIVision, discipline or rules
to 1i11C by. Ms. Pctcnoo lla&od lbal she believes every citizen is entitled to come home after a hard days
work, part in &oat of their own home, spead time in their own yud, not fearing to have their animals
outside and get a good, restful nights sleep. But, she said. living in this neighborhood. these pleasures and
occasitics ballC become impoaiblc. She said she can't tcll Council how inlimidating it is being a single
woman and seeing the following activities going on. A group of mostly ICCII boys, loitering on the
sidewalk and street, smoking cigarette after cigarette. running up and down the stRet. getting into fights.
using profanities, kicking down the fence, puochiog the mail box, breaking glass bottles, tlvoughout the
day, the evening and into the bedtime bows, day after day, month after moDlh and year after year . Ms.
Peterson said she docs not apprcciale her drillCWay being blocked and on many occasions not having a
place to park in front of my own home. And, she said. she docsn 't understand how things seem to get into
high gear OI/Cr there at 9:00 p .m . • night, the time she goes to bed, because she has to awaken at 5 :00 a .m .
She said she is really tired of teens who, by all aa;ouots, seem to be unsupervised, many times obviousl y
out of control. determining her lifestyle, the quality of her life ... how much sleep she gets, how much I iner
is in her yard, when she can enjoy a day or an evening outside with her dogs and feel safe. Ms. Peterson
said she has lived this way for three years and she does not iDlend to lillC like this any longer. She stated
she wants to get her life back. She thanked Council for their .iCDlion.
(f) Darla Reish said she lives in the 3500 block of South Corona. She advised that when
they first looked at their home in October of 1995 there was DO iodicatioo thal the towohomes future use
would be any diff'crelll than what it was at that time. During a later drivcby of their future home. they
noticlCd a l.Olling sip in the yard of the townbomes. she said. and wbcD they -t back a week later to get
the bearing informatioo the sip was gone . Ms. Rcish advised they moved in, in Dcccmbcr of 1995. and
approximately six months later they noticed a scvcrc ioacasc of teens on the propeny. In the fall of 1996
they received a lcaer inviting them to a Neighborhood Watch meeting and when they anived at the meeting
the)• learned that the real purpose was to discuss problems residents, both on Corma and Ogden. were
c,q,cricncing with these teens. In that short of a period of time the police had already been called SC11Cral
times and rcsideall were becoming increasingly a,oceroed and frusualed. Ms. Reisb said tbal although
they bad only cxpcricncod DUilaoce problems of iDCRased litter in their yard and increased parking
congcsaion, DWI)' neighbors were dealing with far worse problems. Dr. Louis Bruno spoke to them trying
to diffute upllCl rmdcDls, explaining the purpose of Community Cares and assuring them that they were
actually the oacs in cootrol at the facility. As explained by Dr. Bruno, his facility serves the purpose of a
halfway poinl bctwccn tbcle troubled and mentally ill tccos being released from an institution and then
being rckascd back to their families and society. She said tbal according to Dr. Bruno, Commwlity Cares
would teach these teens how to fit in and function in a a,mmwlity, they would involve them and teach
them how to treal Olhcrs. Dr. Bruno exampled some of the rules the teens must function Wider. She said
they had to cam privileges, the privilege to leave the grounds unsupervised, a group could not leave the
facility or the grounds WISUpervised . Ms. Reish advised tbal be further Slllted that these properties were so
well -intai-1 thal they actually increased the value of surrounding properties. She staled she has seen
none ol this to be true. She ootcd that as Dr. Bruno explained these teens' problems and mental illnesses
they wen: initially panicked, because she is a strong advocate that our children need and deserve all the
help they cu get from society, when the parclllS aren't in control. And, she said. they were willing to be
open minded and supponillC. Ms . Reisb Slated that lime has proven thal nothing presented by Dr. Bruno
came to be. She -illl•i-1 that problems with the facility have not only cootioued, but worscncd. From
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Septeaber 7, 1999
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what sbe has witnessed, the only people in oonb'OI are the teeDS. Parking. littering. obscene language.
fighting and oongrcgalioo in the SlrCct, noise and smoking have been their biggest complaints, she said. On
one occasion, after coming home for several days and finding a large Suburban parked in !root of their
home in IIICh a way that DO room was left for them to pait, she tried to reach Dr. Bruno. Her call was
raumed by Paul Sdunitz, the progiam director. He met her oulSide her home to discuss this and otta
problems. She advised that, as sbe told Mr. Schmitz, Dr. Bruno put a business, a business Iha! demands
plenty of parking. in a raidmial neighborhood with limited parking. So bis businesses is using the fronl
of their homes as his parking lot, she said Yes, she noted, it is a public street. but the residents should have
the right and ability to park in front of their own home when they come home from work. as well as DOI
have to wonder, every day, about some strange vehicle and where it came from. Especially. she poinled
out, when you look down II the facility and DO cars are parted in front of it She said that Mr. Schmitz
rapoase IO lier wu lhll many of the <X1UDSClon don't want to park down there, because they are afraid
their vebiclcs are going to be targeled by the kids. Ms . Reish stated she asked him to think about wha1 he
just said to her and wbll lhat says to her as a resident, thal no mailer what happens. don't say anything lo
tbele teem bccaule they will rccalialc . She feels Iha! way now, she said, speaking in front of Council. thal
she and her family. her home and her property are at risk, should she say or do anything against these teens.
Since Dr. Bruno has not taken any Sleps to ensure the containment of these teens inside the facility or its
grounds day or nighl, her home is ll their mercy , she said. Ms . Reish advised that she llas witnessed Kerl)·
Golden walking• out of control teen down the block, which means they get to hear them yell. scream and
cuss their anger. On several occasions, while working in their yard, teeDS have walked down the stroct
IRaling she and her family to a \'efY colorful conversation, with every other word being the f word. She
said she has been approached by them asking for cigaretteS and on numerous oa:asioDS have had them
stand in the middle of the SlrCct, barely IIIIIViag, while they look ll them with disdain. when trying to drive
down the strcel. She said she MICbcd a van load of them oome down the street and as it reached the
facility, before it came to a stop, the doors llunl open and aeva'al oldie teem jumped from the moving
\'diiclcs. Ms. Reisb IWcd she did DOt willlCll ay rapoase from the driver. She said she has watched
teem smoking OIi the sidewalk, then lake off up the Slreel, apparently needing no ones permission to do so.
We have had to lista1 to loud music, yelling. cussing, fighting and having oontinual police presence. she
said . She sees no real supervision, conb'OI or discipline. In her view, she said, thc:se kids have no chores or
responsibilities, except to hang out on fences, streets and other people's property smoking . Ms. Reish said
she has even witncsllCd staff, standing on the sidewalk. smoking with the teens. She stated that these
happenings have gone beyond nuisances to problems, problems that oc:aar ~ually and every day.
problems that inflict on her rights and affect her quality of living and feeling of security within her home .
(g) Anita J. stated that she lives in the 3500 block of South Ogden and her overhead garage is
directly behind the Community Qua facility . She said it is like they have turned her backyard. driveway.
the area around her car and part of her backyard into a smoking hangout room. Repeated requests for them
to stay off her property and out of her driveway an: met with being called names she would not repeat to
Council and having rocks burled II her. She advised 1h11 the youths litaally stand behind her vehicle in her
driveway and will not let her back out When she comes home alone II night they an: standing there. One
night, coming home, a group of lbcm, litenlly surrounded her car and she could not go forward or
backward. She said she nicely rolled down her window and asked that they please move so she could go
in. They then all picked up a handful of rocks and burled them ll her car. Every time she tries to approach
lbcm, she said, she is inlimidalcd, they do scare her. At a recent neighborhood meeting with the police
officer she talked about some of her af'ety problems and be advised her to be very careful even calling the
police. He said "you might want to think twice, recaliation is a real oonccm for you." She advised that he
told her "we cannot be around, we cannot proCcct you all the time, think twice before you call us." So, she
said, lhe does and that also makes her feel unsafe . One time she had her garage door open, she was
sweeping out the garage floor. She said sbe had the garage open beca115e of the dust it crcales. One young
man from the facility came into her garage and oomered her against a wall. She said she tried to Slay in
control of the situation, asked him repeatedly to leave, ordered him to leave and he didn't budge . Finally
one of the neighbors going down the alley, saw what was happening and stopped and offered her
assistance. She said as soon as he saw there were witnesses he retreated . She emphasized she is very
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afraid every time she lakes her trash out, eve,y time she leaves her house, every time she comes back ... day
or night, it clocsn '1 matter. 'Ibey are bo&tile, they are rude . One of the men llallding in the driveway told
her "l 1111 here because I beat my girlfriend in the face, keep that in mind." So. she said. she always feels
like she is being intimidalcd. Within one week four animals oo her side of Ogden were poisoned, her dog
wa one of them. After much therapy and intmsM tralmc:Dt be did swvive, three of the other animals of
other people did not . She aid she would like to see the a>unselors stop smoking wilh the Irids out in our
yanll llld our driveways and llleys. It SCICIIIS to give them ID opening to feel safe to do so . She said she
would like to 11ee lhe kids wear some type of idemific:alion, a badge, so they don 'I feel that Ibey arc just a
nametea png balusing us . If privacy is ID illlUC, sbe sugated Ibey pick a Disney cbanctcr name . Just
IOl!ldbing dlll they know 111d they can report to the police or the counselors, "hey Mike just threatened me
again ." She aid lbc would allO like to 11ee a ban of !hem smoking and a no tolerance issue . The policeman
dill lpOkc ,wida ti.a llid tllll if i-1icular police officers would adopt a no tolerance issue on their own,
dill they Clould be called in by a superior and asked why they arc hassling !hose Irids . Bui he said if the
Council would belp develop a no tolerance situation for the City, lhen every police officer would have 10 do
dill, daa any instance of trespassing. smoking. cussing ... any law broken ... any police officer would then
have to write up a SUIIUIIOIIS, ticket them and follow up on that wilhout our names being involved. "i 1hou1
us having fear of retaliation and lhen to make lhem feel responsible that Ibey need 10 stop . She commented
that she is a taxpayer, she keeps a nice home and she would like lo feel safe. She would like to use her yard
and be able to lallc out the trash. go to 7-Eleven wilhout fear of threats and just enjoy her home . She
thanked Council .
(h) Cheryl Hilker advised that she also lives in lhe 3500 block of Soulh Corona and she is
unfommate cnoup to live dirmly across fnlm where they smoke. She said she opens her front door, there
they arc, she loob OUI bs door• 10:00 • •gi., there tbcy arc. 6:30 in the morning when she wakes up
111d whalever time lbc QClllle ~. there they IR. She --tbll it lllak.cs no difference whal the
1WCllbcr is, tbll lbc Im IDCD dlan OUI there and buckeu of nin IR coming down and Ibey arc smoking
under the tree . She aid lbc Im IDCD dlan CIIII there in blizzards, freezing cold MUing shorts. that Ibey arc
out there continually all day long. She gCII up in the middle of the night, something wakes her up, 11 :00 ,
and she looks out and they are out there amaking. It is a COlllinual problem . Ml. Hilker staled she has
called Conununity Cares bcfon:, hid a friend come over ... she is fortwllte enough that she can part in her
allcy ... and she wcnt out therellld there MR cipmle butts all CMr. She said she barely gets out to get her
mail, that she doesn 't want to lpClld time in bs fronl yard. she doesn't want to do yard work . Why, she
asked. Because slac has four to six tcclll out there just sitting lherc smoking and swing. directly in front of
her. She advised * lived there when they lira moved in, that she was !here when we first bad lhcsc
discussions about it. Ms. Hilker mainlaincd thal everything that has been said is true . She said she is a
Federal employee and if she beard tllOlc things at work it would be a mancr of sexual harassmenl . Ms .
Hilker staled she docs not put up with thal stuff' in her personal life, but when she comes home , she gets to
hear it, to ICC it ... she has bad roucn fruit thrown in her mailbox. She said she docs not want to live like
Ibis. but she lives dirmly across from !hem and thcsc issues have only gotten worse in the years Ibey have
been there. She pointed out you don't know who the counselors arc , versus who lhc people that arc there
trying to get help. Ms . Hilker said she was out working in her yard and these Irids just let loose a string of
blue words, ooc right after another. You try not to react to that and at some point she said she went like this
and she turned to the kid and said "cool the language." But, Ms. Hilker asked. how much do they have 10
take . She said she can never park in front of her house, that lhcsc people think Ibey have uouble, she has a
big tree in froDI albs house and everyone wants to park in lhe shade in lhe SWMICl'lime. She said she has
parking in the back and her friends can't park. they park in the back behind her. It is a continual problem,
nothing seems to wort . She said she has only called once or twice and you call and it is like "yeah." She
said tbal is about it and dill ii all lbc has to say .
(i) Kerry Golden, lhe Clinical Dircclor of the residential trcatmcnt CCIII.er • 3 531 Soulh
Corolla Sll1:ld and Paul ScbmilZ. lhe Program Director for Community Cares Residential TrcabDclll Cclller,
introduced themselves . Mr. Golden advised Council that they are very, very intcrcsled in having dialogue
aucb as this and having our neighbon come in to talk wilh us . He stated they are WOlking with kids that
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have severe emotional problems. A IOI of them have been in jail, a IOI of them have been in other
placcmea11 u well and in some ways, when wc look at their behaviors we ha,'C 10 undcrsland that these arc
the kids of today and the generations of tomorrow . lbal wc arc attempting lo do something that is very,
very difficult. We arc attempting lo provide a wann, nurturing environment for kids that. in the past. have
not bad a warm. nurtW'ing environment growing up . They arc very, very angry , he acknowledged, and they
do have chronic and peniltelll IDClllal illnesses and many of them arc on medications. These arc kids that.
prior to programs like Community Cares, have logged many, many months and years in State hospitals and
other various facilities and instihllions. By no means, Mr . Golden advised. do wc think that we have a
bandlc on everything that is going on and there arc incidents lhat happca that we arc never informed about.
He said be fccla a linlc bit dilappointed that people have felt they had to a>me to this forum here 10 address
lbcle CX>IIClCl'IIS. Because, be aid, be believes they have always said and have backed that up, b)' saying
they arc vay ialCraled in living in the community, working in the community and tbcllC arc the kinds of
lclloal and the kinds of cnviroamcots that these kids need to lcam to grow up in . These arc normalized
living situalions. He Slated they struggle with a lot of the same things that our community struggles with .
Mr. Goldm opined that one of the ways we can address this and help the childrm, help the kids, maintain a
community, is for all ofus to work together. We have invited community members many limes to come 10
our commuoity meetings, be said, and we have people from the commuoity come in and sit in on
community mcclings and address these kinds of things and get 10 know the kids oa a penonal basis. Mr.
Golden said he UDderslands there is a lot off car and a IOI of trepidation and he would like 10 be able 10
address that and up those kinds of things. He pointed out these kids arc kids that. in many wa y. have been
wronged by society or by just growing up and we are attempting to help them develop a life that is nonnal .
like DIOSI of us have grown up with. And anempling 10 help them lcam to be proper citizens in society . He
noted that is a very difficult task. He stated that be wanted to correct some of the things that have been
said. We do have a professional Slaff there 24 hours a day, our staffing ratio is about four kids 10 one staff.
which is well within the limils thal the residcal.ial IRalmclll CClllcn of Colorado have asked them 10 do. he
aid. They have psycbiaailll lbcR. they have a psychialrist that ii tbcrc four days a week, medications arc
..-ilorcd on a daily basis and Ibey ba¥C a rcgillercd nurse there five days a week. He emphasiud that
dlClc are very, very diff'JCUlt silUllioas and vay difficult children to deal with. And again. he said, our
inlmtion is not to creac a bad aamc for the community or a black eye for the community, it is to teach the
kids that are there bow to live wilhill the community. And, be said, be believes that everybody here lonighl
can be helpful willl that lesson and in having a dialogue with tbc9e lads.
Mr. Schmitz said he apprccialed this oppoltuoity and as program director he apologized for the issues the
residents brought•· The way lhil all came about, be said, was that Friday morning. about 11 :30, he
received a call from the Denver Post, with no prior contact from the commuoity. He said he has just taken
one and a half pages of notes of lisl of issues and be has none of these pieces of information aca:ssiblc to
him. He utcd they have beca inlcncling wcckly with the Impact Team since the program opened. It is
iDlaalillg to llim. be aid, dial aboul lour -abs IIID, the Impact Team dropped back to maybe twice a
month. He -concenicd aboul tbal 1111d be talllod to officers Doug and Sherri, be said he would go by that
bcalUllc tbal is the way be knows them. Mr. Schmitz advised that they bad said there was a pc:nding.
poaible buildup of changes ill Dling issues bcl'c and be is bearing that here tonight January I was
mcntioocd. Mr. Schmitz cxpra;sed bis conc::an that we are in this kind of venue to do these kind of issues,
which are really between human beings and political syaems. We do have kids that arc severely,
emotionally disabled, but be knows from talking to commuoity leaders throughout this
community ... somebody brought up the issue of animal poisoning and, he said, he knows there are a
nwnbcr of neighbors households were animal poisoning has ocx:um:d, but they have not occum,d in their
facility. In fact, he aid, some or the police department folks have talked to him about that Mr. Sclunitz
said be tbinb it is a risky situation for them to come here wilhoul legal counsel, since they appeared inside
a major newspaper here in the area. thal they did that from a place of trust, that is what is imponant to us
bcl'c. He said they talked to Dr. Bruno today and be advised that they go to the meeting and offer an open
door to COPHD!Wicatc with everybody, with the community at large, with the neighbors. Mr. Sclunitz said,
u Program Director, be did IIICC( with the woman in the blue sport aiat once and that is the last phone call
be had from the commuoity u an issue . He said be also receives a li5l every week or every month,
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depending oo the inlcmity of the rcpons from the polic:c, the Impact Team. He advised he reviewed those
rq,ons and in the last four months there have been no public a,mplaint reports. So. he said, he thinks we
bave to Id off the im8 lbal were brought up here, with emotion, and incidenlS that go across three years,
to the last year. He said it is bis expericnc:c that they just passed their Slalcwidc audit. with the child
welfare people, with the highest m'iew they have ever received . Mr. Schmitz acknowledged they had a
very serious, critical incident here in one of their other programs and that was audited and they were
a,mplelcly exoneraled of any negligcDcc in 1bal situaaion . He said he would like to preselll something 10
everybody to think about ... the bus a,mpany is paying S 11 . S6 a hour for their swting bus driver and we
pay $9.00 a hour for our BA llal1ing person, who usually bas an honors in history for their psychology
prognun . He emphasized 1h11 we nced to work • a IXIIIIIIIIIDity and. he pointed out, your kids are a,ming
IOWlnk our prognun ... they may IIOl ccmic from your panicular house, but many of the kids a,me from
Englewood. So, he 11ream, IOllldlow, • a CIOIIUDUllity, we have to wort together to balance those issues
out. He empbllimd they cu 't be bad kids, they an: not bad kids. The kids II Colwnbine were bad. kids in
other silullKJal bave been bad ... dlere is-bigger picture we have to look at together. So, he Slated, WC
an: here, availlblc 1111d lady to do lllll ... b the Council and for the City . He said if they need bis pager
number or ldepboDe number. they can bave dial again.
~ wa.,.. dialogue bctweea Mr. Schmitz 1111d members of the audience. Mr. Schmitz asked Council
if dial was approprille . Mayor Bwa lllid not rally. Usually, he said, as he mentioned before, you make a
llalaDClll lllld Ibis will be i-,onted inlo MIii our Slaff is doing, investigating as far as what we are
doillg and this will ccmic badt ID COIIDCil on lhe 2o"'. Mayor Burns said he thinks they have a lot of
OODCenll fnJm MIii they have lard tonight. Why an eslablishmeot like theirs is right next 10 the homes of
lhe ~ citum. Mayor Burm poillled Olll dial they dclcribed lhe1111Clves, their clielllele ... ii is a very
IOUgll silullioa. ~ difficult poople to work with. It appears, he noted, that it is spilling out illlo the
IICipboltaood and CouDcil Ila ID look• this wl lakc -kind of raponsibility to help our citi7.Cns too.
He opined it is a qucllioll of OD!DPM1nil'#ioll ad MIii our Slaff Im told III are the legal issues involved and
MIii we can do to pnllCCl our OM1 cili1Jenl.
Mr. Schmitz lllid he unden1ands that and lie ukod, just as a cowtay to both sides and ii would be helpful.
if they could llcar from one of the City's swf wl not the press. ifdlere is an issue . Mayor Burns noted
they cannot control the press. Mr. Schmitz suggcslcd the City might call them first if they have an issue .
because he is open to that. He asked that they please do that.
Council Member Nabbolz noted it -her undenlanding that they tried to call him.
Council Member Bradshaw advised that she spoke with the press also and explained that she feels ii is pan
of her job • an elcclcd official to be rapomive. Sbe poinled out she was the one on Council that raised
the issue of group bomca in Englewood. Noc dial sbe doesn't •-ant us to do our fair share, she said, but she
dainu we ae cloiDg way -dlan our fair U"C in lhe mcuo -and 1h11 is why we ae running this
duougb Planning and l.oning .
Council Member Nabbolz a,mmea«ed 1h11 sbe baa bad problems the last few years with group homes and
everything dse. So, she said, she would really enoourage the rest of Council to get on board with this and
move fonnrd and do the besl we can .
Mayor Burns oolDIIIClllcd 1h11 he is also oonccmcd, that this area is in bis District, and he bas talked to
Dawn Davis, they have exchanged phone calls and messages several times and it is a real issue of oonccm
He opined a,mmal!MCl!ion is a key but, • he said, we have to look at wbaa our responsibilities are, as
Council mcmben, to our c:itizcns, also. So, he llaled, Council really apprc,ciatcs Mr. Schmitz and Mr.
Golden coming tonight to give their side of the IIOry and being • candid as he thinks they have been. He
noted, u he said, our 111ft' will follow up and we will aa:umulate more infOllllllioa before we address this
mafia further at the Study Session OD the 2o"'.
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Mr. Golden said they would request, if possible, to be available to Council to coDSUlt with them regarding
what goes on in the facility and whal kinds oC cbildrm arc there and bow to best iach them to live in a
community, such as the one that we have . And. Ms. Bradshaw DOied, that is their job. Mr . Golden said yes
it is and they take that job very aeriously.
(j) John Loa ldviscd be is with Miller Weingarten and. as they know Miller Weingarten
has a deadline of Sq,ccmber 30--to come to the City ICtking approval of a plan for CityCcntcr Eoglcwood.
In that rcprd. one of the primary objectives at dais point is to find a replacement residential developer for
Forest City. He lillled they have been ..-ting with a number of rcsidcotial developcB and they arc very
excited as tberc is a larJC degree o( interest. Specifically in thal regard, he said, they have invited four
clilfcrcal raidealial dcvelopen to come to tonight's meeting and speak. essentially. to their.capabilities.
their cxperimc,c with projoc:ts similar to dais and, very imponantly, to describe their excitement and interest
in dais project . Mr. Loa SlalCld their overall goal is to make sure City Council is aware of this encouraging
bit of information rclaled to the lcvcJ of inlcrcst and then to work closely with the City staff in the next
week to get to a rcconuncndcd rcsidcnlial developer that they can team up wilh and meet the September
30• dcadlinc. He advised that the four groups that would like to speak to Council toniglll. in the order they
will speak. arc Fairfidd Residential, Legacy, Black Creek and Trammel Crow Residential .
(k) Craig Carlson, rcprcscnting Fairfield Residential. advised they arc hcadquancrcd in San
Diego, California and thcir office: here in Denver has been in cxistcacc: and opcralioo since: 1992. Their
address here in Denver is 5670 Greenwood PlaD Boulevard, Suite 400, Eaglcwood. Colorado . He Slated.
as of thc end of 1998, Fairfield is thc second largest luxury rcsidcmial apanmcnt dcvc:lopcr in the United
States. In 1998 they complded 10,256 units. Mcllt oftbcsc apanmm bomcl WCR kx:alcd in communities
such as Englewood, a lot oC suburban neighborhoods and a lol oC office: parts. Mr. Carl-noced Ibey arc
primarily in thc IIIXllr)' iangc and they have complclCld cigbt projoc:U in die Denver Mclropolitan area.
Cwmuly, they have two projects Wider COllllnlC:tioa and !Inc or four odlcr projects aboul to break ground.
He said one of the cuna11 projcc:U they have uadcr CIOllllruClioa ii kx:alcd acn111 from Polo Rcscn'C on
Mineral just off of Platlc Canym and the oda project is localed in tbc Highlala Raacb Towne Center.
He DOied thc other project they may have aeen, thal Fairfield has ClOllllnlCICd lliaclC they became involved in
the Denver mctrupolilan area. is tbc Deer Cleek Apartments• I·ll and 225 in the DTC west area. Mr .
Carlson Slated they arc excited about die praapa:t and possibility olbeiag iDvolvod with Miller Weingarten
and the City, wilh the rcsidc.-ial compoac• for tbc Cindcrclla City rehab and.._ rcocwa1 projccl.
Council Member Bradshaw ldviscd ii is not Ulban raiewal. Mayor Burns explained that ii is DOI wban
rcocwal in the llllditioaa1 ICIUIC . Mr . Carl-said he was sorry, he should noc have used that phrase.
Mayor Burns said it is a Rdcvclopment. Mr. Carlson explained they have bee• inwlved in other similar
projects in terms of rcvilalizing communities and neighborhoods . He said they arc working wilh the City
of Arvada right now on a similar project. And again, he nolcd, they arc involved in thc Highlands Ranch
Town Center. Their fum has had cxtc:nsive history in developing similar projects in wban infill areas and
revitalizing thosc an:u. In addition to new construction. new development, Fairfield recently, in the last
several years, has acquiRd approximalely 8,000 units and repositioned those units and broughl them back
up to 1990's project Slandards and architcctwal features. Mr. Carlson Slated they arc excited to be involved
and their company. as well as being one of the largest privalcly held residential development companies,
has a minority partner, Morgan Stanley. They definitely have the flll3llcial capability and wherewithal to
be involved in this project and. he said. they look forward to doing so . He noted he left one of their
corporate overview brochures. which goes into more detail. Mr . Carlson Slated they look forward 10
working with Qty Council. City staff and. potentially, Miller Weingarten .
Mayor Burns noted one of the Council members asked a question. He said. as Mr . Carlson may know, that
under the original design IOIIIC n:t.ail was also planned along with thc residential, i.ndccd, under thc
residential. Mayor Burns asked if they do any n:t.ail or if that is part of their plan. Mr. Carlson advised
they have doac n:t.ail, thal they have bad experience: in incorporating n:t.ail components in their residential
projoc:U. It is 11>mcthing they would definitely entertain. he said, and work with the City to achieve your
goals and ours.
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Council Member Bradsbaw med if they build "for sale" projects. Mr. Carlson advised they build ~for
sale" allo, 1h11 their pmdorniaem illtaal rigbl bcrc: is for a l'Clllal community, luxury housing community .
He said they build "for Ille" CXNDmuailia, allo, and lingle family, golf coune dcvelopmem, office
COllllnlctioll, a liale bit al evcrythiag. So, be poinlal out, they are a vay di-.e orgaaiDtion. Mr.
Carlsoa opiacd they -fairly lalenlcd and acalive when it comea to special projects and unique projects,
IUCh U Eaglewood'1. He med they bavc biRld ID architectural firm IO allill tbaa with this project. Most
rec:ently, be aid, they have boea iawlved ia the design archilCCIUlal productioa for the Palace Lofts in
lower downlOwa. the lofts above the Cbop House ia lower downlOwa. aext 10 Coors Field, and the Flower
Mill renovatioa, right off 1-25 and 2«>9' SCreet. So, be ~ they have a very creative, rcsowa:ful
team and they look fonwanl to W01U111 with the City .
0) Mike .lodlllcr advilcd be wu with Legacy Partners bcrc: ia Denver and, as Council may
ranember, they w= iavolwd ia the initial ldcc:tioa procas and they were ia the final two when Fores!
City wu ldcttod. He said they have been iawlved ia lhil project for -time and they are lllill as
excited about it today IS they have ever been . He aid be did DOI tbiak be bad 10 go into I lot of their
capabilities, but be wanted 10 poial out, boMver, tbal they have been ia Denver, building and managing
successful n:sidcntial communiliel since 1971. Mr. 1.oellaer aatod be is a four111...-oa Denver native
and be bas been widl the company fifteen year5 and bas pcnooally developed aboul 5,000 units in fifteen
projects. He poiotal out that they bavc about S 125 millioa WOl1b of ftSidelaia1 developmenl under
COllllNClion ia the Denver metropolitan area today. He opined dill will assist the pricing they can deliver
OD this project and gives them a base of quality people they can incorponUe into the problem solving and
cn:alive needs of lhil project. Mr. l.oelloer aatod they have bu&l1 a lipt iail TOD type project in San Jose,
dlrougb a similar selcction procas involving the City of Saa Joie. He .-ccl they llad their financing
pamer • part of lhil project, iaitially prepaid to apcak. ad they are llill vesy illlcrestcd ia the project. He
explaiaod they have a bldwp Dia if; for wllllewr-. dlcft would be -side movemcnl here.
Rather lhlD focusing OD tJae capabililics, be aid, lie would lilc to jull toucll Cll I a,uplc of an:as that be
tbougbl w= ~ ia lCrna altbeir e• # I M for the lilt. ffe said lie tbouglll lhal the outdoor
pavilioa. IIIOll impor1antly , wbll tbal ca become, is _...iag they are vesy ewcited aboul. Mr . l.ocllner
emplwiml they are aot jlal • out al w pn,pcny developer or --,er, that collcc:ts the relM and .-ys
t1ae bi111 and waill for tlae ra111 to ID • He aid lie tbiab tlley Wllll to be vay iNMllvod ia the
Clllllllllunity, vay iawlvod ia aa&io& c:wlllnll acavitiea, ut fain ... dliap tbal se ... 10 enhance the
lifCllylc for our raidml and for lhil ealire diltrict. He aid the design and construction is just a piece of
what they do . He aid be lbim tbal ii• -dley are vay CllCitod about. He opined that the unique
relalioasbip thal lhil project will enjoy will! the City, ClealeS somc benefits and some predictability wilh
reapect to the caidemcal pnaa and dill Wlllkiag tbrougb issuel and problem solving. 'Ibey have enjoyed
a good rclationlbip with the an; be aid, and be thought that IOl1 of collaboralive problem solving is
going 10 be very importalll to mallc dlil projecl the 1111X*1 tbal everyone here hopes it CID be . Wilh that,
be aid, be would be bappy to -my quatioos .
Council Member Biadlbaw CXNDmeated lhal it -vay nice IO ICC him again.
Council Member HabcniclM asked ifbe would address the retail issue .
Mayor Bums asked ifbe would IIISWCr the retail question that was asked previously. Mr. l.ocUner staled
the retail is something they do, they have several projects and they shared some slides and pictures in lhc:ir
original propoal . He aoted lhal many of the projects they have done around the country, including
iacorporatiag retail in the cleliga. 'Ibey have some ideas about how that CID wort even more successfully
tbllo pcdlapl ii -originally displayed. Mr. l.oelloer said if they will remember be WU the one 11,ith the
llidel 6-Mizner Pl!k originally, ia ICnDI al what that pm CID look like. He aatod tbal I lot of thole
ideal, and DOI that be craled tbolc ideal, but they have shared 1h11 vilioD for retail for mmclimc and llill
believe it to be I plOd solution today . With reapecl to the "for 131c" compoaeal oftlae project. they think
tbeR me certain pol1iolll ol the lite that lead tbemleMI 10 "for 131c" morc 111111 otllen. He aoted they have
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shared -of thole idcu with some people and as long as the structure of the contract is acc:cplable to the
City and to them, they would be willing to elllCnain building some ~ror sale" housing here.
(m) Matthew Bloomberg advised be is a partner with Black Creek Capital and with him this
evening is bis par1DCr and brother John Bloomberg, as well as Matt James. who n:x:endy joined them. He
ltaled that Black Creek is a Denver based company managed by four principal partners with over SO years
of c:oUecuve real CSlalC cxperiencc. Within their group, be said, they have significant construction and
development expertise, as well as financing and transaction expertise . In fact. he said, prior to their
affiliations with Black Creek, the partners have bad involvement with hwidreds of projects, tocally billions
of dollars. Mr. Bloomberg said thal before be speaks specifically regarding their expertise. he wanted to
briefly IIICllbOII IOIIIC of the uardated aspecll of their group. As. far as non real estale activities go. they
own and opaaae Denver's Yellow ea, Taxi Q)mpaay IDd the Super Sbullle. They own a COlllrolling
intcresa in a rclail cbange called Juice Stop and they have a $60 million SPIC, which is a Small Business
hlvaamem Q)mpaay. He staled they are abo one of the largest U.S. industrial deve1opcn in Mexico. with
17 projects cwrcntly underway. However, be advised, their primary focus is bcrc in the Denver metro area
Until n:x:endy, be said, they were one of the largest landowners in the south metro area. with over 3300
aaa of developments . Mr. Bloomberg said 1bll the ,-be mentioocd this is became perhap& it would
be of inteRSt to Council that they just 1111d -of their master planned communities 19 f'Cllat City . They
have developed aad/or rmovaled 12 apanmc.-projccll tolaling 2,000 units in Denver. The)· own their
own consuuction compuy, be 111111d. Mlicb aide from providing COIi savings. it helps them mainlain
control over the time it takes to build a projocl. In terms of a "far sale" projcc.1, be aid, they do not have
any projects Wider way al the moment. however they previously CCIIIVCrted four different apanment projects
in Denver to condomini-. t.v wbicll wcre bigll rile. Mr. Bloomberg llaled they abo have rclail
experiena: and developed and ~ owa ICVeral rclail c:alCn bcrc . In fact, lie DOCcd. his brother John
Bloomberg was previously praidcal c,{ oae of die lllpll Cllllllllllllity shopping ceaier companies in the
llllioa. He emphasized llilll -~ dm dleir raumc of pn,jccts. is their current focus and
~. Three years ap, lie Cllpl•innd llley were like ay Olher multi family developer, in that they
llliscd invalor equity, built a pn,jelS and dlal 1111d it for • quick llilUnl. In fact, • 1h11 time, they controlled
a large publicly traded lloc:k and they 1111d .. eality and ii is now a billion dollar company . Three years
ego, be stalCd, they made a llilrllqic decision about our multi-family and mixed use projects . Instead of
taking the path of building -ead -pn,perlies. we cboe to talle the path of building fewer
pnlpCIUCI. buildillg them with their DMI ~ and then owning dlolC projects themselves for the long
term. He meintained that is impol1am. bcc:eule if you know you are going 10 own • project for IO or fifteen
yCll'I, you are going to talle -time, moay and dl'ort to build a better IDd DIOR aarective project . He
llid be would like to introduce Melt J-. his background is that be was with GMAC Commercial
Mortgege and Silver Sllle Finena:, wberc be amnged debt and equity financing for over 150 million
multi-family projects. Mr. James' apeci•lizalion is with regard to redevelopment projects. be was involved
in lllRle bislOric rehab pn,jelSs downtowD, 81 -ii 81 I mixed UIIC 111d mixed income housing project. Mr.
Bloomberg aid, not to be redamdenl widl the other people here, but they ere also very. very excited about
this project. They think it is a sbowcuc for mixed U11C redevelopment and for them, the residcnlial
component combines areas of their expenile ... raul, "for Ille" 111d rclail ... that they are very excited
eboul, be aid. He staled they are -it poised to talle oo this project, in feet bis bfOther only lives about a
mile away from bcrc and they would 1cM to be involved in the redcvclopmelll and feel they a>uld
contribulc something that we would ell be proud of. He asked ifbc a>uld wwer any questions.
Mayor Bums noted be coven,d ell of their issues .
(n) Scott McFaddell advised be is the division partner for the Mountein StalCS Division of
Trammell Crow Residential bcrc in Denver. He said that, being passed out to Council right now is a small
pream•ioa packet, whic:11 will explain and have some dclails about their a,mpeny's cepabililies, which he
would ID over real briefly bcrc. TCR is one of the largest multi-family developen in the country. They
~ clcvdoped OVCI' a 140,000 multi..femily units over the past 25 yean. They are• fully inlCgnllCd,
multi-family IDd real CSlalC developer operalOr. They have their own construction company. he said, and
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September 7, 1999
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their own property IMMgcmenl company . Mr. McFadden DOied in the pacbgc they will sec a brief
c:orporalC billOly, as -11 as a Jill of IOIIIC recent projecU they have done. One is the River Place Project in
Portland, which, be DOied. is a good example al u urban infill project. Also, the Mimer Green Project in
Boca RalOn, Florida, whic:b is pat vi lhe MiZJlcr Part Community, which, be opined, is a good model for
what E.agacwood is 1lyiDa 10 -.,lim llcft widl Englewood CityCenlcr. And lbe project in A11U1a. be
said, is a good example vi a wry clmle urban infill project. which be thinks, is where we arc headed on the
design al-of the land• E.agacwood CityCenler. He said they have also included a financial
1ta1emmt, which they can sec is a wry alliaaolial financial Slalcmalt TCR is still a private company , but
they opcnlC as a pannersbip. They do invest lbeir own capital in their projects, as well as bring in
institutional equity pannen and ddJI pannen for lbeir projects. Mr. McFadden explained that the
company's opcraling moaa , iD 11111 ICIIIIC, is national in scope and local in practia:. They have offices in all
of the 111¥11' real eslllC ~ in lbe Uailed SlaleS and they have , over the pasl five or six years. 5lal1Cd to
focus their CXIIICClllnllio on more urban infill projects. He DOied that is emphasized in the two anicles he
included iD the packet. from Ulban Land Magamic, which are about projects in Portland and Seattle. which
be fccll cxemplifacs their ability IO do both lrlllSit-«icnted design. as well as new urban. near traditional
design. Both those projects won awards and be thought they were prime examples of those types of
developments in the United Slala. Like everybody else, be stated, they arc very excited about Englewood
CityCcnter. He said be personally thinks it is pn,bably the most exciting residential community that we arc
looking at in Dema right now . He noled • we have grown as a community iD Denver, ii has been both a
blessing and a cune and in some SCIIIC, the fact tbal we have to have light rail is a cunc. Bui be opined
lhal the fact that the City of Englewood bas a progressive thinkina plan for what they arc uying to
accomplish for the light rail a:ntcr, is very admirable. He fell their expcricna:, their nalional prcscna:. can
-as a good benefit IO wllal Eaglewood is tJyiDg to accomplisli and they look forward IO working with
the City in uyiag IO accomplish their goal. Mr. McFadden said be would be happy IO answer any
questions. Regarding the "for sa1c• quation. be aid be fec:11 tbcR is cznainly a -1cc for a limited
U111U111 orfor sale" product iD this loallioll. 11 is a unique locatioa, tbcR is really nothing else like it and
lhal is something they can incorporale iDIO Illar plan . As far• the ntai.l is coacemcd. be thought if they
would DOtia: in the aniclea, they have done mail and rcsidmtial iD lnlllil oricnled oommunitics in Portland
and that is ccnainly something they can incorponle in their plan for this project.
Mayor Burns asked if they do their own financing or bow do tbcy ~Y do that. Mr. McFadden Slated
they invcsl their own capital and usually co-invest with institutional equity panncn.
(o) John Loss said be jllll Wllllled to briefly reiterate their excitemaw about what they think
IR some very capable and thinking ahead type people . They arc real excited. He staled their plan and
objective would be to wort closely with the City staff over the next several days. with the goal being 10 end
up with a recommended residential developer to bring back 10 the City in connection with their September
~dcldlinc.
City Manager Scars noled they would talk, from the staff level tomorrow, on how that is going IO come
togclhcr. He asked Mr. Loll if be WM planning IO come back to the Council with a residential developer or
if be was thinking that the rcsidclllial devclopcr would ti-wort with him or we would IIClcct, collectively
from the llaff, to come with u overall muter plan or site plan back IO the Council on the 20•. Mr. Scars
noled they bad talked about Mr. Loll coming to the Council on the I 1•, but be wasn 'I sure they
UDdcnland, from the llaff level, how be WUIS to proceed. Mr. Loll advised Ibey arc certainly flexible and
want to wort with the City in the besl way . He said their plan was that on the n• they would provide a
full retail updale, which bas been rcqUCSICd and is much nccdcd. So thal was their goal for the n•. As. to
the specifics of the residential developer, lbeir belief and undcnlanding is that the City Council cenainly
bas the ullimllc II)' in the deal, be said. AJJy ultimalc CDDlract or involVCIIICIII by I residential developer
would be bclween the City and them, but their IIOUOII and idea was IO immcdillcly ... Wednesday,
11wnday. Friday, al this week, IO start bringing residential developers in for some more specific dccaiJcd
analysis and lludy wilb the llaff: And, out o(this proca1, a,mc IO a feeling about a recommended
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cle¥dopr::r and dim, 11 1-ied by this group, Ibey would want to come forward before the 30•, if that ... __
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City Malapl' Scan llbd ifhe -die paaibilily of comillg back IICXI Monday nighl with a __,,,,,._.._......-ad• dlC-liac lie ca llriDg die City Couacil an updale on the
Rllllil dovel1117mn1 • idlatily die by poiatl afdlC a plla. Mr. Laa l1atecl he tbinb that is doable, that
all dac 4 ire -..y ....a ad dlCy dlillk it is ia die belt iDtaat af die project to make a
clocilioll 11111 pit CllllkiDa OIi it. So, lie aid, dley -.id 11b dll1 cbalJcqe and would like to come OD the
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C....:il ...... lllllaic:llt ..... if..,. .............. bow tbe RCllil would intendatc between
die lll1lil pollica 111d die llllllliDI plllliDa ad Ille -,c af Ille type of RCllil lhat would be involwd. Mr .
Laa aid lie cel1lialy dillb it is a pa. ha dleir a-dpoilll, 11111 they and the City and everyone who
.. i.. ~ • ii, IIM'le vilioa af a TC:I> widl die llalic elements we baw been looking at for some
lime. So, lie aid. dleir-would lie IIIIDlutely , they would aaticipaic the defini&c nocd to -all of
tbole qucstiool 111111 a\'C dlis .-. -CIIIC1ly MIit -dlougbts were, not only on the retail component of
the n:sidcntial pmt. but 111D wlllt llley Mllld r« CI m E d for tbcir part af thc projcct.
Council Member Bladlbaw med iflle would be ready by Monday . Mr. Loss said yes .
Mayor Bums thanked Mr. Laa 111d aotal Ibey will lcdl fol'Mrd to seeing him Monday.
(p) Skip Miller, afMillcr Wcinpnca. aid lllcR-onc piece be wanted to make: sure
everybody undcntood. He adviled dat Ibey a\'C looked at this ldection u a three S1Cp procas. One is to
undenland the qualifications af tbcac people. t.v is • imdlll1mliD& af what Ibey plan to do specifically
and duee ii the finaDcial compo,iall Md bow tat MRI widl the ClllR padlafc. So, he explained. Ibey
will be bringing the ocbcr two back ID C.ouml -dat dlCy a\'C .._. tbcir qualifications. They will be
lbowing the Clllin: plan. their visioll 11111 MIit it -ia Ille ny of ftSail, whetller they arc going to have
a "for ale" unit, what their 11*1J11C11b lcdl lillc 11111 wlllt die -icl af all tbole an:. That, Mr. Miller
li1ated is what they will be bringilla IO Cowlcil tlCX1 Mdt.
a.
(a) A pnc:laDlllion dccllriD& die 1111m af Scplcmbcr 17 dlrougb 23, 1999 u Constitution
Week WU ooasideRd .
COUNCO. MEMBER BllADSIIAW MOVU, AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION D&CLAIUNG 1'IR WEIi( or SEPTEMBER 17 THROUGH 23. 19" AS
CONS111V110N WU.K.
Motion carried.
(b)
COMidaed.
Aya:
Nays :
Absent :
Cowlcil Members Nabbolz, Bnidsbaw, Habenicht, Waggoner, Grazulis,
Burm
Nolle
Council Membu Gama
A proclamatioa declaring the month af Seplcmbcr u National Literacy Month was
COUNCO. IDIOEll BllADSIIAW MOVU, AND IT WAS SECONDED, TO APPROVE A
PIIOCIAIIATION D&CLAIUNG 1'IR MONTH or SEPTEMBER AS NATIONAL LITERACY
MON111.
Aya: Cowlcil Members Nabbolz, Bradshaw, Habmicbt, Waggoner, Grazulis,
Burm
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Septeaber7, 1999
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Nays :
Absent:
Motion carried.
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Council Member Garrett
(c) A leller from Steve Markwood indicating his resignation from the Englewood Parks and
Rccratioo Commission.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET A LETTER FROM STEVE MARKWOOD INDICATING BIS RESIGNATION FROM
THE ENGLEWOOD PARKS AND RECREATION COMMISSION.
Ayes : Council Membcn Nabholz. Bradshaw. Habenicht Waggoner. Grazulis.
Bums
Nays : None
Absent: Council Member Garrett
Motion carried.
Mayor Bums cxtcndcd Council's best wishes and !hanks to Steve Martwood. He noccd they think all the
people serving on our boards 111d commissioal arc spccial.
9. Public: Buria1
(a) A Public Hearing was held to gather input on Council Bill No . 52 , regarding assessments
for Paving District No . 38.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE
PUBLIC BEARING.
Ayes : Council Members Nabholz, Bradshaw. Habenicht Waggoner. Grazulis.
Burns
Nays: None
Absent : Council Member Garrett
Motion carried and the Public Hearing opened .
All witnesses wen: duly sworn.
Rick Kalun advised thal he is Engineering Manager and Capilal Projects Manager for the City. He
prcscmcd Proof of Publication mNoticc of the Public Hearing, which wu publisbcd in the Englewood
Herald oo Augusl 20, 1999. He noccd thcrc wu a Oyer made available to cvc,yone this evening entitled
Paving DiSlrict No . 38. He aid thal before be gets into thal he wanlcd to back up for a moment and do a
brief oVCIVicw of this project. Mr. Kabm staled it bas actually been two and a half years since this project
wu initialed. lbis project began with Council passing a resolution of intent to form the District in March
of 1997 . A public hearing -held in April m 1997 and Council dectcd to go forward with the project . ,
He explained that, with the TABOR A meoclmcot before US. there is an CXllll step in paving districts Iha& we
have not had before. 1n November m 1997 the property owncn in this district were successful in passing a
ballot question which allows the City to ldl bonds to finance this project III they could have ten years for
paymcnll. We had a competitive bid June 18, 1998 and although we had a very competitive bid and we
were dealing with three contracton. that we had a lot m c:onfidcnce in and had had a good working
relationship with, even the low bid wu higher than the estimates we had published a year and a half ago
when the District wu formed . Part of Iha& was due to the economic climate we were living in . As a result
of that we came back to Council in July of 1998 and n:aeated and reestablished the District, which caused
us to have a second public hearing August 17, 1998. Mr. Kalun pointed out that no one attended that so it
appeared thal the folks in this District were satisfied that there were additional costs and they were willing
to pay them. Cmstruction began Scptcmbcr 1, 1998 and the project was actually broken into two phases .
RTD approachccl the City and asked us to delay the construction on South Windermere adjacent to the light
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lllil in die area bctwccn Quincy and Tufts Avenue. Because or some great differences that also caused us to
delay die CX>IIIUUdion of Stanford A venue, bctwccn Navajo and Windc:rmere. We lllar1Cd CODllnlClion on
die project and wc worked until weather caused us 10 shut down for the year . In May of 1999 wc contilu,d
CODIIJUCtion of Phase I and Phase I is s,Jbslantially complete . Mr. Kahm advised that whll is remaining is
die 1CCtion of Windermere, lbal be refemd 10 previously, and Slanford between Windermere and Navajo .
He advised dial our COlllnCtar is ICbedulcd 10 come back in and begin a>IIIIJUttion on that lllfflCh within
die next week or ten days. We expect that wort will be complcled over a four 10 six week period.
Mr. Kalun refemd everyone 10 the handout He said on the backside of the fira page there is a paving
diltric:t IChedulc for a,mplction of Paving District 38 . The bold prinl in the middle of the page rd'cB to
Tuesday, Scpccmbcr 7", wbidl is this bearing this evening. He said our hope would be that Council would
COlllidcr the onlinancc on mcnts on final reading on Sepccmbcr 20•. that wc would have the
onlilalCC in lil1I force and effect by October 2s•, that the last day for .-ying assessments and receiving a
5% dilllOlllll on die amount paid would be November 8111, and that wc would c:crtify the assessment roll to
Aqpabac Coualy for oollcction on November Is•. He advised that our Finance Dcpanmcnt is presentl y in
the procas or malkdiDg bonds for this project . He rd'emd everyone to the map in the handout of Pavi ng
Dillria 38 . He advised lbal the 1300 block of West Radclifl' Avenue -built Ibis year. Regarding the
1300-ISOO West SIIDfonl A-. be IIOICd dial die 1300 block bu already been CODIIIUcled and the 1400
and ISOO blocks will be built )'Cl this fall . The 1400-ISOO blocks of West Thomas Avenue, the 4600 block
ol Saudi ec-ty Dmc al die 4600 block or South Garden Saect -all ClOlllplded last year . The 3400
bled of Saudi Emcrui Saect wu complcled this year . 430CMSOO bloc:u or South Windcnnerc Street is
die poup olllree:U dial will be consuuctcd over the next few weeks. The 1000-ISOO blocks of West
"-ice A-ad die 300 block ol West Jefferson A¥Cllue WCR completed in 1998. The remaining
---oldie .... .,... typic:al paving ICCtions dial -cxpcricaced in this project. As you look
dlraup dlos. be advilDd, iD each imllncc the top liDc will ldl you wllal die UICIIIIICnt range would have
boal cc,mpmm widl whal WU atimul in the fonnalion ordiDancc. wbm the District WU rccstablisbcd
... year. He llaled --UDdcr dlOle cstialed prices. widl the exccplion of allcy paving and alley
paving c:amc up• lboul 63 llCIIIS a foot bipcr than wi.. wc bad llher1ised, which is about 2•1, which is
well wilbill die 6% pidcliDc dial is allowed. Wilh that. be llid, be would be happy 10 answer any
qualions Council migltl have.
Council Member Wagoner Slllcd that the bond issue befon: Council IOlliglit is a difrm:nt figure than the
-:lllll'll'ICl'Dlltl figure that is oo the back oldie page. He pointed out that die assessment figure is $735,5 34 .4 3
and the bond figure WU less than that.
Mr. Kalun Slllcd that initially when wc started this project wc anticipaled needing 10 sell about a million
dollars in bonds . As Council may recall, be said, a portion of Radcliff was shortcncd and that lessened the
cost and a pol1ion of Radcliff' was cliroina!ol and lbal lcacocd the cost.
DiRlCIOr Gryglcwicz advised dial becaulc a lot ol prupcnics prq,aid. the prepayment or the bond issue
amount is less. It is down 101612,000, be llid, dial is what we plan on iSIUing.
Mr. Kalun said be would also like 10 point OUl dial wc RCCiwd five leclcn ol prulail on this project and
dlOle have becD IUbmiaed to die City Clcrt and lbc will cater dlOle ink> die record at this time .
Lcacn from Vance R. and Catbcrinc Fender, Virplia R. Hunt, Wayne J. Knowles and Jamcs A. Dindo,
Roaeaa Angle and Milfred 0 . Harr WCR Clllaed in10 the record.
Don Noya, olNoycs-Lamb U.C, 4S90 South WiDdcrlDcR Street. said be bu a piece of property oa which
be bu received a notice ol lW$SIDC911 for Pivin& Dillrict No . 38. This W11 in the mail ol Allgllll 21,
1999 and WU addrcSled 10 4590 South WiDdcrlDcR Street. Englcwond, be llid, which is our actual address
for dlis U.C. It is not the property that is being paved or sidcwalk.cd or guacrcd. be said. The actual
property dial is in the paving dillrict bdoagl 10 the Oty of Englewood, and WU dccdcd 10 them in 1974, he
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UIICrtCd, on a building permit deed for the property at thal time. I found out that the cwtJ5. gunas.
sidewalks arc OD Englewood property, not on the LLC property, he said . Mr. Noyes said he would like to
be rcJcucd from the lien on the assessment. and it then becomes a liability of the City of Englewood to pay
OD their OWII propcl1y.
Mayor Bwns asked if he had commllllicated this to staff. Mr. Noyes said he did it with the Public Worts
Dcputmcnt and they arc awu-e of it, and Mr. Kabm is aware of iL Mayor Bwns asked if we were aware of
this commllllication. Engineering Manager Kabm said he bad just learned of it in the last few days . Mayor
Bwns asked ifwc arc checking this out, to which Mr. Kabm iapoaded affirmalivdy. Mayor Bums said
tbal is what Council would do, is to direct staff to check this out to ICC if it is correct . Mr. Noyes asked
bow long the process would take. Mayor Bums said he did not think it would take wccb. ~-Kahm said.
in this inslance, we will need the aid of the City Attorney , who is out of town this week . He said it would
be at least next week before we can really deal ~ith it. Mayor Bwns dircacd that Mr. Kahm communicale
with this gentleman and get him an answer to this as fast as possible , because it docs not seem to him that it
is rocket science to figure this out.
Council Member Waggoner asked thenaaurc of the deed to the City . Mr. Noyes said it was back in 19 7-t
when the Santa Fe/Union annexation took place . We had a building on the property that was ready to be
erected, he said, the foundations were poured and everything. The City annex ed all the prope rty in tha1
area. They found out we were going to erect the building and they charged us Ci ty tax. a use tax . Mr.
Noyes recalled that Mr. Bcrardini was the City Attorney at thal time, and he advised thal Mr. Noyes could
not have a building permit until he dedicated property to the City. Mr. Waggoner asked what the property
was to be dedicaled for. Mr. Noyes said it was to get a building pcnnil Mayor Bwns said a dedication is
different than a transfer. Mr. Noyes said it was a quit claim deed, under protest from us , to the City of
Englewood at no cost to the City. Nolbing -said, road wise or wbalever, now . The land thal was
dedicated to the City is not CYCD being used for the street, just the Ollllide line of the property , he said. and
it was thal twenty feet that they took from 111 thal is where the building lite was.
Mayor Bwns said it is obviously going to be cbccked out and the proper documcnlS examined. Mr. Noyes
said they were told, too. thal they could not pait in front of their building. bccaule it is City property .
Council Member Bradshaw asked nai be was told that . Mr. Noya aid it was just the other day. Council
Member Bradshaw said we need to lcdl inlo twu things.
Mayor Burns asked if Mr. Kabm bad all tbc information he needed . Mr. Kahm said ab&olutely , and this
will be followed up .
Barry Shields, 44SO South Windcnnerc Street, said he has one concern, and thal is how long RTD is going
to be. We arc right in the middle of SOUlb Windcnnerc thal is scheduled next . He said there is lots of
heavy duty canb moving equipment thal be felt was wortiog for light rail right now . He said his concern is
when this project stans on South Windcrmclc, when all this equipment will be using the new street, with all
thal heavy equipment, going i., and down the cwbs and stuff. He asked how the Ci ty worts with that.
Mayor Bums asked if he was concerned that all the construction projccU will break down the cwt>s and
ruin the concrete thal was just put in. Mr. Shields responded affirmatively . Mayor Bwns asked
Engineering Manager Kahm about the time with Rm. Mr. Kabm said Rm approached the City last year
and asked that we postpone that llrcd amstruclion until this year. They are fully aware of our schedule, as
we arc of theirs, be said, and Field Openaions AdminiSlrator Kapaun has been coordinating with them. In
fact, he continued, they will be wortillg with us on the installation of some of the storm sewer and some of
the grading behind the curb OD the west side, so they are aware thal we are putting in the new street and will
wcxt with us to protect iL
Mr. Shields said he knows we have been postponed quite a bit going down tbc road here, and when our
street gets done it may be close to November . He asked, if his part gets postponed anymore and it is pa51
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that November dale, whether he wiU SliU have to pay before the street. cwbs and guucrs are completed.
Council Member Bradshaw said, the way it is set up, yes . Mr. Shields said he would assume most of ii
would be dooc by 1h11 time. Mayor Bums said light rail is going to open in July of next year. and 1hcy have
a billory or building on time and on budget Mr. Kalun said the intenl is to have all the work completed
this rau .
Mayor Bumi med if Mr. Kabm aecsany danger of the curbs being broken down by RTD vehicles . Mr.
Kabm said bc is DO( COllllCIIIOd with lbal, the only thing we are always wonying about this time of year, is
Whal the wea&ber docs to Ill. Paving planl.s will oaly ND UDtiJ about the middle of December, but bc said he
fccls we aR oa a ICbedulc wllcrc we can finish it up.
Mr. Sllickk rommen!NI Iba& the City people bc bas worked with have been very good about amwcring
quati11111, and bc cxpRllrld appn,ciation for that
Jack Ncllipn said bc owns a small business at 4675 South Windermere Street, riglit IICIUG from Poncr
Auto Body, on the west side or the street. He said he was out or town and would have wriucn a letter of
procest . He apologized for DO( doing ID. Mr. Nellipn said he bas a problem with the construction that
occurred on Windermere in 1997. The c:oDlnclor on the job was with a company called Randall and Blake.
When they came out or the waler trcalmcllt plant, and then turned north on Windermere. they wen1 up to
the north side of our building wbcrc they then turned west and booked up with RTD. be explained . As they
went past our building. he said, they forgot to hook up the sewer line. We are only a small company of
thirteen people, and we have no water use in our business at all, ID we did not discover this until the middle
of 1997. Al tbal time, we tbougbl tbal we just bad a bad sewer liDc, so we biled a company called Roto-
Rootcr, and spent $4,700.00 for them to fix up the line, we thought. Then about tbrcc or four months later.
WC discovered WC Iii.II bad the amc problem, and WC hired U EngJcwood a,mpany called Renaud
Construction and spent $20,500.00 before they discovered tbal our sewer line bad not been hooked up 10
the brand new ICWCI' pipe that ran dowD Windcrmcn:. We aR riglit aa the $25,000.00 figure right now. he
said. The City of Englewood was called, and the Stale of Colorado was called. and they came ou1 and took
pictures. We went to RandaU and Blake for relief, he said, but they have maintained aU along that the
reason they did DO( hook up our sewer line was on direct orders from the City of Englewood . Mr. NcUigan
said this bas been an ongoing c:onvcna&ion with Randall and Blake. He said be lalked to a gentleman from
the City of Englewood about two moochl qo who was at the COllllnlctioa site during that sununer time .
He said he was going to meet with him. but be could not think or his name . We spcot almost $25,000 .00
before, and I ~ we are now booked up to the new sewer line . We llill have another $5 ,500.00 in
paving coSls to fix the alley way where the construction occuned, so that brings it up to $30,000.00, he
said. When you go to RandaU and Blake, or any of these companies, the very fllll thing they say is 1h11 I
am complctcly guiltles& in this, and I knew I was guiltless because I stood above the bole and I saw our
sewer pipe and it ended about twelve inches from the brand new sewer line tbat was running down the
middle of the meet, he said. Being completely guiltless docs not mean you are DO( going to pay a lot or
money here. In order to get Randall and Blake's auention, and bear in mind they have maintained aU along
this is the City of Englewood's fault, I went to Bob Renaud and asked him to sue me, he said, to get the ball
rolling, so be sued me, and I have paid him off'. I am now suing Randall and Blake, and, with the legal recs
ID far, we are up to around $33,000.00. RandaU and Blake bas offered, u a settlement, $15 ,000.00 to
resolve this issue . Mr. NeUipn asked tbal somebody from the City of Englewood meet with him and
RandaU and Blake to find out who reaUy said that the line should not be hooked up.
Mayor Bums asked if he bas communic:aled this to the Utility Dcpartmcnt before . Mr. Nelligan said he
tried to call Mr. Kahln today . He said he bas spoken to Mr. Kalun in the past, and he bas been such a
gcntlcman OYCr things requested of him. 1bc answer, he said, is that he has written to everybody, and
actually wrote to this gentleman at the City of Englewood who was very, very nice, and it is just killing me
tbal I can not think of his name .
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Mayor Bwns asked if be was in the Utilities or Public Works Department. Engineering Manager Kahm
said it would have been Utilities, because the project we arc talking about was actually Paving District No .
35, which was a project built by the Slate, and ii is a sewer issue, so the Utilities folks were actually present
all the way tlvough the coD51JUction . Mr. Kalun said he would follow up and find out who he should talk to
and try to get to the bottom of il
Mayor Bwns said ii would ccr1ainly DOI be Mr. Kahm's decision whether 10 hook up to a sewer line or not.
Mr. Kahm said ii llctUally was DOI even our project, ii was a Slate project, but there were a lot of utilities
involved. He said he knows the Utilities folks were out there continuously, and if there was a break do\\11
in communication, thal is probably where ii would have been.
Mr. NcllipD aid, where you bavc -money involved. and people arc pointing fingers, he feels it is
easier to point it II a lllUllicipality than anyone else . He said what he is asking for is some help to find out
if it was poaible lhal somebody from the City of Englewood actually said DOI to hook up our sewer line .
Mr. Kabm aid WC can IUl'C try.
Mayor Bums said be thinks we can assist He expressed appm:iation for Mr. Nelligan ' s sentiments toward
municipalities, because we do DOI nonnally get lhosc . Mayor Bums said be apprcciaa Mr. Nelligan's
dilcouna and cxin-1 confidcnc:c that Mr. Kabm would be able to get to the bottom of it . Mr. Nelligan
said be can give some of the cancelled checks to Mr. Kahm thal sllow some of the money that has been
spcnl
Council Member Waggoner asked ifbe was prolesting the sncs mem oa Paving Dillrict No . 38 . Mr.
Nelligan said let's just assume that there is the poaibility 11111 -from the City of Englewood said do
not book up that line. We arc oa the west side afthe IIRlct. ud IMft ii a famous building righl behind us
called Thomas PIiiing. There is a street alleyway just lo the IOUtb side af our building. and ii is a common
area where trucks would nm back and forth to Thomas Plaaimg. Tbc oaly reason thal somebody would
possibly say that, he opined, and I do DOI dlink anybody from the Oty of Englewood ever wants 10 see
Thomas Plating come back, and ccnainly I, as a neighbor to lhcm, would DOI want 10 sec them come back
either, but there is the possibility that somebody took a look at that line from the City of Englewood and
said that is Thomas Plating's line, and wc do DOC ever want that to be hooked up, so do not hook it up .
Council Member Waggoner asked ifhe is in Paving District No. 38 . Mr. Nelligan said yes . But you are
not asking for relief from 38, Mr. Waggoner said. Mr. Nelligan said yea, be is asking for relief for the
S33,000.00. Mr. Waggoner said that happened in Paving District No. 35 . Mr. Kalun said he actually owns
a vacant lot across the street from his business, and that vacant lot is what was assessed in Paving District
No. 38 for the wort OD Thomas Plating. Mr. Waggoner said ii has nothing to do with the sewer line or
relief from 35 . Mr. Kahm said that is INC, ii is oa the opposite side of the street and is a different project.
Mr. Ncllipn asked if one side of the street is 38 and the other is 35 . Council Member Bradshaw said that
is righl Mr. Ncllipn apologized . Ms. Bradshaw said that is okay, because we arc still going 10 check it
out for him . Mr. Kahm said ablolulely . Mr. Nelligan thanked Council for their time .
Vance Fcodcr, 3612 South Cbcrokcc Street, said be recently received the asscssmc111 lcua for the paving
clislrict. Tbc problem. be aid, was that they did not purchase the home until February of 1998 . All of the
real Cllatc CXllltllcCI 1h11 they baff found say that the tillc company is not responsible for paying anything
Wider a apecial paving district. He said he is not sure why that occurs, because be checked with the County
and with the City when be did the real eslatc contract to fmd any liens, bills and money owed anywhere,
and this -came up. Also, be aid be rcali7.Cs lhal the problem thal occwrcd for him is the 300 block of
Well Jdl'-, whicb the Qty calls a street. It is llctUally an alley that goes to the Bannock/Cherokee alley
in the 3600 block of South Olcrobe Street, be said. He said this was paved bccaulc of an ongoing
problem with the City bclwecn the dcvclopcn of the apanmcnts on the south side of Jefferson and another
,entlcman OD the north side of Jefferson . Mr. Fender said be should DOI baff to pay for what that
gentleman wanted done to his property . He said his does not have alley access to his property. has never
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even clmeo on that part of the llrCd, other than as a City employee . He said bis problem with Ibis entire
a meoc is tbal we ~ DO relief 10 gel any of the money back from the pcoplc who may ha~ originally
voted for dlia projcc:t. T'bey do not li\'e there any longer, but I do, and I ~ DO access 10 tbal alley and no
ralOll 10 use it, be aid.
Mayor Bums tblnked Mr. Fender and said bis situation would be checked out also.
IClclk 'a note: Council Member Nabbolz left lbc meeting• 9:22 p.m. just as Mr. Fender made bis
closing rcmarb.J
Wayac "-la, O'Mlllr alPolter Au10 Body, 4610 Soudl Windermere Street, said he also received a notice
for PaviDa Dinlric:I No. 31 . He said, after looking at the map, be is not CVC11 in lhat diSlrict. Our road has
been doac alraldy, be aid. He asked why be would ba\'C gotten a notice .
Mr. Kabm said the road that Mr. Knowlca bad rd'cm:d 10 as being done is the road in front of the propeny.
which is Windermere, and was built in Paving District No . 35. What you arc being assessed for is a side
IIJeet .-ncnt for lbc wort lbat was done on lbomas. Mr. Knowles said he docs not own on Thomas .
Mr. Kabm said the City 'a policy is 10 -properties for the frontage when we do tbc llrcct in from of the
property, and wbcn we do side llrCICU, we assess half a bhxk each direction, and the cost of that work is
spread out 10 all al tbolc adjac:cDt properties. Mr. Kahm said that is the poccss the City has used since
they started districts in 1956, the thoory being that everyone pays for the amstruction that takes plac:c in
front al their property, and for a lhlrc al all lbc avenue paving.
Mayor Bums said be is IUIC Ibey c:aD discuss 1h11 further with Mr. Koowlca, but that is the City' S policy,
and it baa been tbat way IIUIClC 1956. He rcpcatal tbal Mr. ICabm 1WOUld be willing 10 lalk 10 him further
about il
COUNCIL MEMIJU SllADSIIAW MOVED, AND ITWAS SECONDED. TO CLOSE THE
PUBUC 111.AJUNG.
Ayes : Council Members Bradshaw, Habcnicbt, Waggoner, Grazulis, Bwns
Naya : ~
Ablcat: Council Members Nabbolz. o.m.a
MolioD carried and lbc Public Hearin& dolCd.
Mayor Bums said this matter will come upon Monday, September 20, 1999 for consideration of the
ordinance OD final readin&-
10. c-t .-\a-la
(a)
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (I) ON FIKST READING.
(i) COUNCil. BIU.. NO. S4 , INmODUCED BY COUNCil. MEMBER
WAGGONER
A BD..l. FOR AN ORDINANCE APPROVING S~ NO . 144 T01HE SOlmiGATE
SANITATION DISTRICT CONNNEC'l'Oll'S AGREEMENT FOR 1HE INQ.USION OF LAND
Wl'IHIN 1HE DISTRICT BOUNDARIES.
Ayes : Council Members Bradshaw, Habcnicbt, Waggoner, Ciruulis, Buma
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(b) Approval of Ordinances OD Second Reading
COUNCIL MDDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (i), (II), (iii), (iv) ud (v) ON SECOND READING.
(i) ORDINANCE NO . 46, SERIES OF 1999 (COUNCll. BD..J.. NO. 48,
IN11l0DUCED BY COUNCll. MEMBER WAGGONER)
AN ORDINANCE Al111tOR1ZING nm ADOPTION OF AN AMENDED crrv OF ENGLEWOOD
FIREPIGKl'l!RS' PENSION PLAN DOCUMENT, WIDCH PROVIDES A DEFERRED RETIREMENT
OPTION PLAN (DROP) BENEFIT FOR 1llE PARTICIPANl'S OF nus PLAN .
(ii) ORDINANCE NO. 47, SERIES OF 1999 (COUNCll. BD..J.. NO . 49,
IN11lODUCED BY COUNCll. MEMBER WAGGONER)
AN ORDINANCE AUTHORIZING TIIE ADOPI10N OF AN AMENDED CITY OF ENGLEWOOD
POLICE OFFICERS' PENSION PLAN DOCUMENT, WIDCH PROVIDES A DEFERRED
RETIREMENT OPTION PLAN (DROP) BENEFIT FOR 1llE PARTICIPANl'S OF nns PLAN .
(iii) ORDINANCE NO. 48, SERIES OF 1999 (COUNCll. BILL NO . SO ,
IN11lODUCED BY COUNCll. MEMBER WAGGONER)
AN ORDINANCE AMENDING 1TJ'LE 3, CHAPraR 7, SECTIONS 3, 4 AND 5, OF TIIE
ENOLEWODO MUNICIPAL CODE 1915.
(iv) ORDINANCE NO. 49, SERIES OF 1999 (COUNCll. Bll.L NO . 51 ,
IN11lODUCED BY COUNCll. MEMBER WAGGONER)
AN ORDINANCE AMENDING TITLE 3, CHAPraR 8, SECTION I, SUBSECTIONS 3, 4 AND 5. OF
nm ENGLEWOOD MUNICIPAL CODE 1915.
M ORDINANCE NO. 50, SERIES OF 1999 (COUNCll. BILL NO . 53,
IN11lODUCED BY COUNCll. MEMBER BRADSHAW)
AN ORDINANCE SUBMITl1NG 10 A VO'JE OF 1llE REGISTERED ELECTORS OF 1llE CITY OF
ENGLEWOOD AT nm NEXT SOIEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT 10 ARTICLE XV, SECTIONS 137 :2 (i) AND 138 :3 (a) OF 1llE HOME RULE
CHARTER OF nm crrv OF ENGLEWOOD .
Vote--ata:
Ayes :
Nays :
Absent:
Molion canicd.
Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums
None
Council Members Nabbolz. Gam:tt
(c) Resolutions and Motions
1bcR Mft oo additional ICIOlutions or motions submitted for approval . (Sec Agenda Item 11 -Regular
Apada.)
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(a) AppnwaJ ol Ordinances on Finl Reading
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(i) Direca Clryglewicz praclUd a recommcndalion from the Dcputmcnt of
F~ Scrvillel to adopl a bill for an ordinance aatbormng the issuance of Special Assessment Bonds in
die_. olS612,000.00 fiJr Paving District 38 . Mr. Gryglcwicz said a ballo( question. voted on by the
al'Cll:led VOla'I, -approwd by a vote ofl to 6 on November 4, 1997.
Mayor Bini ..... llow dial coonliJtalel with the ordinantic WC just bad the Public Hearing OD . Mr.
Ol,alewicz llid dlil ii a .... onliaaacc from thaL We will issue the bonds, and if there is any adi•-· 6w -dial aR aal spc:nt in the disuict, will just be held in the bond account for future
..,.. olprial:ipll aad ..... be Slid.
Mayor Buras llid be ja W8llled to make sure publicly that this docs DOI addras individual propcnics, this
ii • avenll fuDdiDg lDl'ld!anism Mr. Clryglewicz said it aclUally allows individull property owners to
finance this ewer tm )'Cll'I. otbcrwilC the Cily would DOI have a mechanism to do thal
Couacil Member Biadsbaw said 111111-started in the eighties, wbco she -on Council before . Mayor
Bums said this bis been clone scvcral limes before.
Tbe Cily Ciak -..... to nad lbe council bill by tide:
COUNCll. BJU. NO. 55, INl'RODUCl!D BY COUNCll. MEMBER BRADSHAW
A BJU. FOR AN ORDINANCE OF 'DIE crrY OF ENGLEWOOD, COLORADO, Al111iORJZJNG
'DIE ISSUANCE OF SPECIAL ASSESSMEHJ' BONDS IN 11IE AGOREGA'IE PRINCIPAL AMOUNT
OF 1612,000.00; PRESCRIBING 'DIE FORM OF 11IE BONDS; PROVIDING FOR 'DIE PAYMENT
OF 'DIE BONDS FROM SPECIAL ASSESSMENTS IMPOSED UPON PROPERTY wmnN PAVING
DIS11UCT NO. 38 AND MAKING CERTAIN COVENANTS IN CONNECTION lliEREWllli:
PROVIDING OlllER DETAILS AND APPROVING DOCUMENTS IN CONNECTION wrrn llfE
BONDS.
COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) • COUNCll. BllL NO. 55.
A.ya: Couacil Memben Biwllbaw, Habcllicbl, Wagoocr, Grazu1is, Bums
Nays: Nolle
Alllall: Couacil Memben Nabllolz, CiamU
Tbcre were no additional ilcms submillcd for approval OD ICCODd reading. (Soc Agenda Item IO • Consent
Apela.)
(C) Rcsolulionl and Motions
(i) DirecaRoa praeuteda m:ommcndalion from the Dcpartmau olPublic
Worts and FinlDcial Scrvillel to adopt a l'CIOlution approving the purdlale ol a new lnffic signal ll)'ltem.
He advilDd dial Couacil appuval -bcillg IIJUght to acgotjalc 111d award a COlllncl for a new traffic
........,.. l)'IICIII. 1bia remlulioll, if approwd. would allow the City of Englc'i1iood to cn1cr into a sole
auce CCllllncl with Ecoaolitc Como! Proclucts, lnc:orporalcd in the 1D10UD1 of $363,400.00, be said. We
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arc also asking Council to eslablish a maximwn budget for the new system to a>vcr possible contingencies.
that amount being S380,000.00, he said. Our existing traffic management software is at the end of its
useful life, and the supplier of our current syslem has bad a midlife a>rporate aisis and has dcc:idcd to tum
their allention away from traffic a>ntrol and move into stadiwn scon:boards, he advised . We can no longer
get the support we need, be aid, which is aitical as we approach December 31, 1999. Beause of the
deficiencies in our existing syaem. be said, it is necessary to replace this sy!ilem with one that will provide
the important functions we feel wc need. We piid an independent consultant to perform a traffic
management systems analysis to determine what system is cwrently out there that will meet the needs of
the City of Englewood. Our consultant. PBS&J, recommended that wc go with Ea>nolite Icon System. he
said . Mr. Ross said the Econolite repl'CIClllalives have usun,d us that they can have the new system up and
running by year end if wc give them notige to proceed in the ne,ct seven days. that is why the action
CouociJ takes tonight is ID important.
Couoci1 Member Habenicht asked if our traffic a>nttol system would be compatible with our neighbors.
Mr. Roa said our neighbor to the south is Littleton, and they have the same system that we are getting rid
of, ID ldil they get rid of this system, the answer is no , they won't be. Mr. Ross said they are looking at
this. have talked to Traffic Engineering Analyst Vosuy, and asked for all the information and research we
have done, so all appearances arc that they arc looking at going in the same directioa u us . Denver, he
said, with RTD, ii looking at the same system and incorporating that into a number of their intersections. so
we feel like, once they get on board, they arc going to go to their mire system with the system we are
rax,mmending to purchase.
The iaolution -assigned a number and rad by title:
RESOLUTION NO. BS, SERIES OF 1999
A RESOLUTION AWARDING A NE0011ATED CON'JllACTFOll ENGLEWOOD'S TRAFFIC
MANAGEMENT SYSTEM INSTEAD OF 1HE COMPETITIVE BID PROCESS UNDER SECTION 116
(b) OF 1HE HOME RULE CHAR'lcR AND SECTION 4-1·3 OF 11tE ENGLEWOOD MUNICIPAL
CODE 1985 .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (c) (I)· RESOLUTION NO. IS, SERIES OF 19".
Ayes : Couoci1 Members Bradshaw, Habenicht. Waggoner, Grazulis, Bums
Nays : None
Absenl: Council Members Nabholz. Gam:tt
Motion eanicd.
(ii) Din:ctor Fonda presented a recommendation from Littleton/Englewood
Waslcwalcr Tratmenl Plant S..,ervisory Commitlce to adopt a n:solutioa approving the purchase of
Maintenance Managcmcat Software . He stated llafr rcconunends purchasing the software from Dawtream
Systems, loc . Company, in the amount ofSS0,600.00. He said this is software for a maintenaocc and
management system for the Bi-City Wastewater Treatmeol Plant. which is becoming very large and
a,mplicatcd. It was worked out working with the City's IT group. It is unique, be said, and that is why we
arc seeking the sole IIOURlC, they found featun:s in this syslem that work best, not only for Bi-City, but it
can also be utilized by a number of other areas of the City when they want to come on . It has a dalabase
that can be accessed by other groups in the City. and also has security featuRs that allow them to operate
independently ofl' the dalabue. Bi-City could not access 1Dme other area of the City that would go on this
program. be said, ID it would not only 11C1VC Bi-City, but would also be available for use by other
deputmeats. Anodler large feature is that you pt one daubue, like on the llllemc:t, so you do not have to
load it into~ single madliDc thal is going to be IIICd by every dcputmclll to bave a maintenance
maoagcmmt ayltrm. With tbat, we arc rrmmmeading, and the Bi-City Commitlce is recommending. the
pwchale in the amount of SS0,600.00.
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September 7, 1999
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Council Member Habcnicbl ukcd if we arc making IIUl'C tbal all of our departmeols arc compatible with all
tbc diffcraat software . Mr. Foada llid tbc aty's IT worked with us, so thal bas been done.
Council Member Grazu1is llid die lnllll this is Y2K compliam. Mr. Fonda said it is.
1be l'Cllllution -assiped a DUlllbcr and read by title:
RESOLUTION NO . 86, SERIES OF 1999
A RESOLUTION AWARDING A NEGOTIA'JrD CON'lllACT FOR MAINTENANCE
MANAGEMENT SOFIWARE FOR 1llE LITllEl'ON/ENGLEWOOD WASTEWATER TREATMENT
PLANJ' INS1EAD OF 1llE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF 1llE HOME
RULE CHARTER AND SECTION 4-1-3 OF 1llE ENGLEWOD MUNICIPAL CODE 1985 .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (i) • RESOLUTION N0.116, SERIES OF 1999.
Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bums
Nays: None
Absent : Council Members Nabholz. Gama
Motion carried.
(iii) Director Fonda praealcd a recommendation from the Littleton/Englewood
WaslcWaler TrealDICIII Planl Supemmry Qimmince to llpplVVC, by mocion, a contract for Design and
Coallructioa Adminilbalioa or ScrvicelSuppon Facility ExplPsioo and Modilicalions. He advised that
llaft" fflOIJIDmeadS awanliD& die bid ID die kMal bidder, FilCller ad Auocialcs, in lbc amount of
S67.3'i0.00. Mr. Fonda aid this ii for• apalllioa to tbc office apace1. We have been concentrating for
lbc last 1e11 yQn or'°· be llid, • ~ die planl. but -tbc offioe spacc is also inadequaae . The
Bi.City O>mmince is moomwading e I ti• die office apace IOlllh or tbc CUfftlll office space . He
advised that bids were RICCivcd from ....... ad this .. tbc low bid. We cbcckcd their background, he
lllicl, and ,uommrnd that lbc bid lie -..W ID Filcber ad Aaocilll:I in tbc amount of '67,360.00.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF
SERVICE/SUPPORT FACILITY EXPANSION AND MODIJl'ICA TIONS WITH nscei:R AND
ASSOCIATES IN THE AMOUNT OF 567,360.00.
Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums
Nay1 : None
Ablent: Council Membcn Nabbolz, Gama
(iv) Dinx:tor Black prtltlllCd a recommendation from the Department of Parks and
Rccrcation to appn1\'C. by motion, a comact for Sun Fe and Hampden Avenue landscape maintenance .
He advised that llaO" recommends awanling the bid to the lowest technically acccpCable bidder, Schultz
Industries, Inc . in the amowt1 or S64,6SO.OO . Schultz held tbc contract for the mainlenance of the landscape
improvcmcnts oa South Santa Fe, be said, and tbc Hampden medians for tbc last year. Mr. Black advised
tbal, as pan or Ibis, there was an inlcrgovcnuncnt agreement with the Oty of Sheridan along Santa Fe ,
wbcle tbcre .. a lbarcd CIOll there . 1be City or Sheridan would pick up tbc a11t or those properties
located widlin tbc city 1imi11 or Sberidan, and lbc City of Englewood would pick up tbc CIOili rclaaed to the
pn,peniel in Eapewoocl. 'l1llll All-' cxpiRd August 4, 1999, be aid, and it was our hope, on an
iafbnllll lmil, ID CXlllliDuc with tbc laedeclpiac ualil we wen: able to~ a formal agRC111C111 with tbc
Qty or Slleridln ca dae llllnld Cllllll. However, we have DOC bccll ow:rly succeafill in -i!Maining tbc
madiw tbcre, 10 we felt it WII impol1aal IO 10 ahead and inilillc dae CXllllracl for lbc -intc:nana:. and
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dlCD coa&iDue dilCUllions with the City of Sberidaa 10 rmew that agreement. be said. Mr. Black said he
-told • the cad of._ wca lllll the City of Sbcridln 's Mayor Egan would be lellding a leaer 10 City
Couacil .. City Manager Scan about cbanliDI -lenDS in the agreement. the peRlCDllge there . He
aid lie -DOI sure about the paniculars of that, but once we get the leacr we will sit down and go through
11111. He aid lie laiaws they are moving forward, but 10 wbal extc111, be -DOI sure .
Mayor Burm aid we bad dilCUSSed some changes in ratios, and be and Mr. Sears dilCUSSed ii after lhc last
Anpaboe Coualy Mayors and Managers meeting. They were going 10 suggaa -other pcrceniagc. he
said. Mr. Black said be tbougbl that WU what the leaer wu about
Couacil Memlier Habeaiclll said Ille laiaws that, particularty this iDlenectioa, 1h11 we have through years al_.., widt the Tri-Otiel puup, illdicafal 1h11 this -the gateway for tlie City of Eaglcwood. She
ubd if lhcre -aay disallFion, ad Ille just raisai the issue jUSI as a tbouglll. 1h11 maybe it would be to
Slleridlo 'I benefit and our benefit IO that this does not become I problem, • leall widt IUl intenmioa,
IUl they may want 10 cle-aanex that 10 EogJewood.
Director Black said be tbougbl lhcre bad beeo -discussioa lhcre, but 1101bi11c ron.1. just in
~on.
City Manager Sean said we me 1111( talked to them since the IIICdiq. ad liace die Tri<ity meeting. He
aid they intimalcd during 1h11 disallFion that, instead of a lildy forty lptit. a forty lildy split, jull to lei
Couacil be aware of that He said be did DOI know the -for•• the issue of de-uncxalioG and
re-mnexacioP aJUld come up ad lhcre aay be a llllllJbcr of Olbcr dliDp 111M City Couaci1 aJUld maybe talk
about at the poim in time that we aclUllly gct a leaer froa them. He aid be does • know, in tams of
bow they are Finl 10 jullify wbal they CXIIIIC ..» with, but dlll-MIil -mmidlnd. We fdt it was
critical for the visibility, • • -ftJrwud widt Ibis projca. dlll,;. do DOI lcl the Sallla Fe Corridor or
Hampden fall apart. and that ii why •are.,.... this• this poia ill tiae.
Mayor Bums said lhcre Im i.. -idlrllal di1c1111iclll 6-Sberidlll abcllll bow, if they could not
a>olnbule their ponion, they would jult • -111\'e it CJ¥er. 1blt -m wllal we were going 10 accept.
be said, and M do coasickr Ibis to be die cmy to the City oCl!qlewood. He aid lie, penonally. has for a
long time looked fonvanl 10 finally paing w land,capq ill lllil-.
COUNCIL MEMBER WAGGOND MOVED. AND IT WAS SECONDED, 10 APPROVE A
CONTRACT FOR SANTA n AND HAMPDEN AVENUE LANDSCAPE MAINTENANCE Willi
SCHULTZ INDUSTRIES, INC., IN THE AMOUNT OF~-
Ayes : Couacil Members Bradshaw, Habenicbt, Wagoner, <nzulis, Bwns
Nays : ~
Ableat: Couacil Members Nabbolz, Garrett
(a) Mayor's Choice
(i) Mayor Bumi su:alJed thal it WU disamcd bridly al the~. the Rail·
Volutioo Conference buct,el issue . 1bc Rail-Volution Conference ii being held in Dallas in a a,uple or
wccb, be said. Next year it will be in DaMr and we are helping to fund the Rail-Volut.ion Conference in
Denver, so M were urpd by our mlrand others to have IOIIIC ofus aaead thisainference.
Couacil Memlier fflbenicllt ubd if dlCle CXIUld be coasidcrcd all • CIIIC time, since Council Member
Nabllolz bad 10 leave.
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Septeaber 7, 1999
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Council Member Bradshaw asked why Mayor Bums' cost more . She asked if it was for airfare. Mayor
Bums said he did not know , since he did not make the arrangements . Council Member Habenicht joked
that they are only bringing one ofus back .
COUNCB. MEMBER 81lADSBAW MOVED, AND IT WAS SECONDED, TO LET MAYOR
8URNS, COUNCB. MEMIIER HABENICHT AND COUNCB. MEMBER NABBOLZ ATTEND
THE RAJL.VOLUTION CONJl'f.Rf.NCE AND ASK TBA T THEY BOLD THEIR EXPENSES TO
AMINIMUM.
Molioo carried.
Ayes :
Nays :
Absent :
Council Memben Bradshaw, Habenicht. Waggoner. Grazulis. Bums
None
Council Members Nabbolz, Gam:n
(ii) Mayor Bums said lhat lhe 285 median west of Broadway has been weeded and
looks a great deal better.
(iii) Mayor Bums said he attended the second annual Transponation Swnmit this
afternoon down • the old Supranc Cowt 01ambers, which was hosted by the Denver Chamber of
Commen::e . It was very interesting. he said. They have the amg,essional delegation there, along with the
Governor and Mayor Webb about all the tJanSpOltlllion issues . They pve some background about funding
of them, and everyone who is iDlcresled in transportation -in the audience. It gives you a very good
ovaview of the whole picture. he said. starting at the federal level on down . We have a few members of
our delegation who are not exactly in our corner on light rail. Conp-essman Helfer from Douglas Counly
supports the transpof1alioo measure for the Governor, but does not support light rail, which makes people
ia the Southeast Corridor get just a liUlc bit upti.,._ Mayor Bums said Tom Tancmlo is consistent, and is
lldpiDg us get S4S millioa for die SoudlWCll Corridor this year for RTD, but llill does not l'Cllly believe in
liglll rail . He believes it ii 10o cxpcmM and walllS to 1ee bow the Soutbwcsa Corridor performs. as he has
said before. A lot oC critics oC ligbl rail say it does not meet the ridership projections that were originally
estimaled, and he says even if you get all the riders ia the world. the only way he is going to say it works is
if it diminisbcs the traffic Oow on Soudl S.. Fe. Mayor Bums said he does DOI know if it will ever do
that. The theme is multi-modal tJaaspor1alioo. all difl'erenl kinds oC clements working together. Mayor
Bums opined that Mr. Tancredo thinks light rail has to solve all of your problems, and if it does not. it is a
failure . He said that Mart Udall is ia favor oC the concepts, but does not think that the northwest area is
getting enough out oC the transpOl1alioD iSIUC, so you can really see where all of them are coming from .
Ben Campbell is very well positioned oo the appropriations commiuee in the Senate, and has been very
helpful to about everybody in lhat position, he said . Mayor Bums added that Senator Allard was llOI there
and Governor Owens gave a pitch as to why he thinks the transportation and the light rail should pass. and
very much inlegrated tboae two ll>JC(ber, as did Mayor Webb, who also gave a pitch for the East and the
West Corridors. So, there was a variety of expression down there, but an awful lot of people who suppon
transit, he said, allowing that he had to leave before all of the remarks from the delegation . Mayor Bums
said it is an ilUresting conference, which does oot lalt very long, but there was a lot of information given
in a very short period of time. The nice thing. he said. is that everyone is there who is working on this .
You start from the White House on down for new starts on traosit funding, he said. rcalling that Tom
Tancmlo said how difficult it is to get in liac for the full funding grant agrecmmt as we did several years
ago . Even if the measure pasaa on the ballot, you still have to get the approval through the cong,essional
process. which ii not easy. This was a good overview of everything that is happening down there, he said.
He passed around to Council a glossy depiction of all the different kinds of transportation projects that are
being assislcd by federal funding.
Council Member Bradshaw said it was pretty classy . Mayor Bums agreed. He said it was the Denver
Chamber and somc oCtboae folks. He said Joe Blake was the moderalor and is the new director of the
Denver Chamber of Commcn::e .
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Septeaber 7,199'
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(b) Council Member's Choice
(i) Council Member Bradshaw:
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I . SIie aid* bad a request from a ciliz.en, who lbc lbougbt gradualed from Englewood High
Sdlool ia 1937 ad sally kllows tbc billOly. She aid be -coacemed lbal our HillOrical Sociccy is son
ol lilllpilla.... 11ley did 11111 get their gram. and yCl wc have tbc money 10 IIUbsidiu MOA and David
Taylor Dmcc, IO his CIIIIICClll WU lbal maybe WC DCCd 10 pul lhal 10 a VOie of tbc people of Englewood, she
aid. She told him lbal she would bring lhal up under Council Members' Oioice on subsidmng the ans.
2. SIie aid dlCl'c -a new UIC for tbc churcb OD Uni\'ality and Dartmouth. She aid it is a Korean
a.di, .. die propeny is sally lookiDg good and ii n:infon:es the fact lhal she knows she made tbc right
clecilica • ...._ She aid Ille feels n:ally confident
Mayor Buras aid COUIICil all felt Ibey made tbc right decision on lhal one .
3. She aid dlCl'c -a CIIIUplc of things OD Code Enforcement She aid she docs IIOl know what
cu be done, and * -11111 IIJUII IO mmlioa die address publicly, but this bas bcca a cbronic problem for
eipl years. She llid * gets mcmm back saying lhal we have talked lo this pcrsoa, but Ms . Bradshaw
aid she feds we -beyond tbc talking SlaF-The whole front yard is full of MIOlk. and she said she
would just give Iha! 10 Oty Maaagu Scars. She said she bas not bad any lroublc with Code Enforcement
peaplc, she bas always bad cxcdlelll coopcralion, but her c:onccm with lhcm is lhal this is a chronic
prublcm . II is tbc only bid propeny in that block and ii llicks OUl like a son: thumb . She asscncc1 lhal
Code EnfORICIIICIII is impol1anl. and wben you have a nice neighborhood, an R-l·A neighborhood. it is
impodaDl lbal we mainlaiD bigb llllldlrds. LClliDg lhclc guys ll1idc by for eigbl years is 11111 mailaining
bip andlnls, she aid. She laid she knc,ws Code EnfonlCIIICDI Officer ~ is MIiting with aDOthcr
lleipbor in aDOtber bkd, and dlCl'c bave ... -*dul n:111111. 111c people IR lrimming trees, she said.
and when wc go for walks wc ldl lbem lbal looks great. ud Iha! is put of bciag ia a CIOIIIIIIIIDity, too . This
one addn:11 is c:bronic, ii bas bcca cbroaic fDr a long lime, dley Uled 10 paiDI can dlen: bccamr. you could
smcll tbc painl. she rccalled, and it Im derelict \IChiclcs ad is j ... a-. Code eaf'ORlCIIIClll is 10 bclp all
or III have a good quality or life, she lllid. I do not dream lhclc up, people call -bcc:aulC they said they
have not bad good response, she aid.
4. She aid tbc Rm meCling -pnay illtaaling OD Wednesday, but lbc Im a coocan Iha! they
an: just appeasing at this point She aid she hopes not, but her gw an: Idling ber lbal facility is going 10
end up in Englewood, and she docs 11111 MDI 10 ICIC tbal.
(ii) Council Member Grazu1is n:mindcd everyone Iha! tbc Depot sale is Scpccmber
I.,., 11• and I.,. from 10:00 Lm. 10 4:00 p.m. She said Ille nociccd that she bad a yard full of things on
Monday with business cards because she WU not lbcn: 10 lake their calls 10 pick ii up, so Ibey just dropped
ii off. She said she hopes Code Enforcement docs DOI get after her for having things all over her yard
again. She said she is willing 10 lake all things down 10 tbc Depot and Ibey will be having a sale 10 raise
mooey IO rcfwbish the inside.
Council Member Wagoner ukcd iflbcn: is IODIC way lhal we cu speed up tbc pl'OQCSI without having 10
wail for sales. Can't we loan lhcm some moocy and recoup from sales or something, be asked.
Council Member Habcnicbl said she knows lbcn: have been IODIC meClings bcld belwccn tbc Oty in terms
of the Fricndl rl tbc Library and tbc Library Board, and tbc Cullural Arts Commission and Parts and
Recreation . 'J1IClc groups lhal have approacbcd tbc Oty and MDI 10 be a pad rltbc billOric clcpnt and tbc
HislOrical Society and allO pull in Public Works and Parts and Rccrcalioa . 'J1IClc meClings have been
moving on in ICnDI ol ICeiJI& tbc kinds rl inpul that would work bat for everybody . Ms. Habcnichl said
she woaclcrcd if it would be pcmible for tbc City 10 pruviclc 10111C IOlt ol funding. • 1cut in the beginning,
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September 7, 1999
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to do IOIDC IOrt of appraisal of that building and what it would cost to bring it up to being used. There
could be a shared use between the City and the Historical Society and other groups that could utilize the
space, she said, so they could IIWI really having something going on there, program wise. so that there
would be DIOR fundraising c:apabilities .
Council Member Bradshaw said sbc is worried about vandalism. Ms . Habenicht said that would probably
be about $3,000.00 to $4,000.00 if wc could amboriz.c tbal tbal could be done. Council Member Waggoner
said it takes IIIIR than that to rd'wbisb it Ms . Habenicht said oo ... Ms. Bradshaw said to get the electrical
going.
City Manapr Scan said one of the a>oce1111 is 11111 tbcrc rcally is not an arcbitcctwal review of wbal needs
to happen to that building. and MIil typCI of wort needs to go in, cspccially to the bucmcol Of the Slairs.
He said be ubd DircclDr Roll to look al some issues there, and wc may have some drainage problems
also . We have done a pal job with the pub over there, but it may actually COllll'ibule , be said. What we
arc missing right now is some type of archi1cctural review of what typCI of thiap can go in thcff. both up
above and down below . He said they relied upon volunteers to give them some cstimalcs, but wc need to
have professional review of wbal can go on tbcrc. Council Member Bradshaw uked if that is not what the
Colorado Historic:al Socidy can do. Mr. 5cm aid they did not get the g,am . Ms. Bradsbaw said she
knows, but asked if they can DOI be advison.
Council Member Habcnicbt said one of the things they arc trying to do ii perbapl bavc some son of
panocrsbip going. so thcff can actually be some programming capabilities that could be utilized with the
City there.
Council Member Waggooa-aid you can DOI do lll)'lhill& ill tbcrc llllhl it is fixed. He said his push would
be to get it fixed. Council Member Bradshaw aid we need to do it now . Council Member Habenicht said
she is suggesting 1h11, wbco she lul spoke IO City Maoagc:r Sean. be recommended that as the first step .
Mr. Sears said be did DOI know whaa ii would COil. but lllgeslCd tbal $4,000.00 would allow us to at least
get some arcbitectural review, and to come llac:k to Council with a proposal and maybe even help us with a
grant for next year.
Council Member Waggoner aid this Im boca liaing there for three or four years and DOlhing is happening .
Mayor Bums said various things have happened. but the big thing was the grant He asked Council
Member Habenicht if they bad said they lcamcd cooup in this year tbal they would have a bdlCr chance of
gc:Uing it DCJd year. Ms. Habenicht aid Ibey were hoping. if DOI this year, al lcall within two or three
years. Council Member Grazulis aid yes, two or three years. and it would be oioc to get something on the
baud IO WC would know wbal directioa WC were beaded.
Council Member Habcoic1ll said tbcrc Im been advice given that if wc move this idea of the different
groups pulling IOgcthcr in thal site, it could actually cnhanc:e the programming funding. which would be
really fanlallic.
COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTBOIUD TIR
CITY MANAGER TO lllllE AN ARCBITIC111RAL FIRM TO DO SOME INVESTIGATIVE
SITE PLANNING ON THI DEPOT.
Ayes : Council Membcn Bradshaw, Habenicht, Waggoner, Grazulis. Bums
Nays : Nooe
Ablcol: Council Members Nabholz, Gam:a
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Sepceaber7, 1999
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(iii) Council Member Waggoner addreaed the comments of Mr. Noyes, who said
the City owned the property and we fonx,d him to give the property to the City, before we would give him
a building permit Mr. Waggoner surmilled tbal tllll -because of the Master Succt Plan, and the City
wu doing that years ago . You could DOI build a building lllllca it wu OD a clcdicaml rigbt-of-w.ay. We
were fon:ing property ownen, and a lot of diem MrC ill mwawea EngJcwood. to clonaU: the property for
die meec before we would ~ a building permit Mr. Wagoner fdt IUl'C the property he was talking
about ii for meec right-of-way, and anything OD tbal meet rigbl-of-way is assessable to the adjacent
property, which would be him.
Allistant City AUomcy Reid said tllll is being looked um. because we have at least some information from
our affic:c, and fium the Public Worb office, but we arc aying to nail it down to exactly what he did.
Mr. W,uoacr said it is DOI CS1Cntially a dedication, because it is not by plat. it would be a quil claim deed
for tbal property . Ms. Reid said wc have just barely touched on it, but her Wldcrstanding was he did it and
for mmc reason they did DOI pm the street in. Council Member Waggoner said there is no reason. then.
why wc could not vacate it Ms . Reid said be asked for it back, and the City Attorney at that time said no.
111 we have little pieces. but DOI the whole IIOly. Mr. Waggoner said the streets in that area arc now in
place and we ought to be able to cldcrminc wbclher or DOI we arc going to need that ri,111-of-way . If we do
not need the right-of-way, there is DO reason why wc can't deed it back to him, he said.
Mayor Bums said wc wiU just await fwthcr informalioa OD iL
(iv)
I. She thanked cvayODC for die opportunity to attend the Rail-Volution Conference. She said she: is
really looking forward to iL One of die things tbal wiU be a part of that, and wiU be very pertinall to us, is
thll there wiU be field tripl to cenaill tmnlil orial&cd development sites thll arc bodl under way and that
have taken place and an: MJdua& ia aen. '11 mixed use development. She said ii will be very bdpful to
sec what type or rdailcn are going um tbcle, with the housing and all or tbal. Sbc said she: will be able to
come back by the 2"' with -ral illf'ormllioo about what bas been done 111d wbal can be done, so when
we arc talking about wbll is pollible II our site, ii will be very helpful.
Mayor Bums said they go after the 2~. Ms. Habenicht said that is right, wc will be back by the JO"'.
2. She said there was a request from Galen Smith of the Lions Oub, who docs the train. and he is
conccmcd about some buckling asphalt in the area or the park. He is concerned about tripping bawds.
3. She said she: spoke witla a n:sidcal from the Maidiall who was concerned because she likes to take
the buses up to Central City, which IISld to aop ill the Pbar Mor lot. She was told the City said that could
not happen anymore. Ma. Habenicht 8*ed who makes the dctcnnination on where the buses can go .
Maybe if there is a a inla'ell among the IICll.ior population, maybe wc should look at a stop, if not by Pbar
Mor, maybe over by the Malley Ccotcr, she: suggested.
4 . She said she: bas heard rumors in the aJIIIIIIUllity thll there is a conccm that some of the programs
coming in, such as David Taylor and MOA, in terms of thole competing with, or banning, or in anyway
doing away with cunait programs we have in Pllb and Recrcalion.
Mayor Bums said this issue bas been railed le\'aal times. Ma. Bradshaw said it bas been answered DO .
Ma. Habenicht said she: wanrcd to be IUl'C that M an: a clear about that.
13 . City MuaFr'• llqlort
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(a) City MaDqa-Sean aed Ma. Habeaicbt if lbal wu a priVIIC bus complllY tbal sbe wu
talwlg about. Council Member Bradsbaw aid ii wu like Peoples' Cloice, or ICJIPCdri• like lhlt.
(b) City MaDqa-Sean aid tbcrc wu llllllC good news in the IIICdiDg, • a rcadt afthe
dilCIWion M lad widl Rm aad widl Cmwfonll. He aid be did DOI MW the ddails, • they arc llill
bei11a diacuwd, but dlele 1111w been CX1a11M dilCllllioal with both Cal Manella aad Rm and the
Cmwfonll ..,_ IIIIIIC 1111t of joial -• tllll litc. Apparmdy tbcy MW beea ~ tbnlup the ·
poaibility ol lllllkia&............ It -. like they an: working very clolcly at this poim in lime, be
-. ...................... to .... to CGuacil It loob like they llave lladl ... to Ian the
dn:lioa 8-die City, ad City CouDcil. ID really pull dlia IOplbcr and die Crawfonll --,d wry
apliaillic --,,,.,..,.111pprnin, tberc. Mr. Sean lakl .. jull wmled to repon tbal dle-,alillioll is
CJD-111U11. We llill an plaaiDa ID pul fDIClhcr a lectcr 1111 the EIS ID ClOllle back to CowaciJ D die '1Sf'. be
aid.
(c:) City Ma-., Sean aid be wanted ID reilaatc tbll Man piD& to llave a diDlllioo on
traffic; next Monday aiglll. mainly ID foc:ua on Union, QuiDc:y and Kenyon . Right -. jUII to let the
IICWlplpCII' kma-that that dilQmioe ii going ID bappca. M 1R DOI going to do Ill)' Olber flyers or
clilClmioe, be said. He aid dlll DiRlct.or RG8 ii prepared ID talk about IIIIIIC allenlllMI for those strccls.
(d) City MaDqa-Sean aid~ Malla&« Kabm bad let bial bow this afternoon
tbll the project ac:nJa the llnd ii ... CIL He aid be c:aa DOI tbak the llafl' enoagb, Direc:lor Simplon
in partiallar for all the WOik dlll 1111 • beea cloiDg. and Mr. ICabm ii jUll doing a fabulous job of making
tbll project hlppea-dl&n, ad Ulpl!ICU'~ ia lblpe. He aid be 1Waatal ID II)' tlaaks to
Mr. Kalua and ID the rat oldie llafl'dlll alloM -aad Mr. 5Ulll*ID ID do the WOik . Apparaldy M arc
going ID llave a CGalllll:Dlll aalD 1!1111 Slnlll, aad IIC IR going to 111\'C Elld _. down CM:I' the CIOUIIC of
the next week, be llid, '-tlleae an: wry delf ~ The IIOCic:e tbll M: got wu a litde bit lhal1a'
dla • ~ 1111w al lillllll, 1111 llid, '-I .. pnlject c:mliaa ca ad we will pt IIIIIIC type of DOlificatioll
to the -lfllllU ad ID ew,Jllody ii City Hall• ID ewdy IIDw loq it ii going ID be sbut clown.
14. City AalneJ'• ......
~ City Aaar.y llcid did • llllw ay --. ID bring bef'ore CowaciJ.
15. MJw
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
TUESDAY, SEPTEMBER 7, 1999
7 :30 P .M .
1 . Call to order. '7: 'KJ ~
2. Invocation.!}~
3. Pledge of Allegiance . ~
5. Minutes.
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fJf fJd 4A--a. Minutes from the Regular City Council meeting of ~t 16, 1999. ~
11
, ~ {p-O { "t' 1) ..y'~AJ.o 'b .au,~~ M4" "i-lllu.-"&o/br#-4/-1,H.(U ~
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
%
0 0 ,..r -71., Non-Scheduled Visito~ (Please limit your pre~ntationJo five minutes .) .c.
l,;..e,u DfL 51,.~oA) ,;....n.Pl!f,Ut"Ar,,,~ FJ!/.J//1 CAAMiUJfr/ t!,41Sl.+6emZfiJ~ 51/)J::.!. (E: Li//f!bVnloMI
J~AIJ.5 (]{)U-/IAlrl)l:s,o}ts. 1Jit'tfll)t, 00/JAJtlL/U#lU. ~E-Rt=.r.i,p;41U), -ro ~I Y,fS".
r,, J1.-t..£1t.-W{IAl~~~u'Xi"cauons, 1'9r~f{n"lrio«f.~~ntJC&ft-R}3.: arrYt£AJ1U tiSIKJJr;A{.. a;;~
Proclam~i?n d.ecl,ring the_ week of September 17 through 23, 1999 as Constitution
Week .~ ~fr()a.
~-()° Proclamation declaring the month of September as National Literacy Month.~
,, ( / c. Letter from Steve Markwood indicating his resignation from the Englewood Parks
Wf ~ -0 and Recreation Commission. ~ .
9. PublicHearing. tJfP'/,-0 ~~~ ~~~
a . A public hearing to gather input on Council Bill No. 52, regarding assessments for
Paving District No. 38 . S"t.1r1UJJS. ,f/)/l~I) (!(){JJ}~/L
[IJAIHCU-UFT t'IE.-hlE:J:ttAJ6, Ar 'f:~~ P,11,
P ..... note: ff you haft • dlublllty and IINd auxlllary aids or sarvlcN, pleaN the City of Englewood
(303-762·2405) at INat 48 hcua In lldvance of when NrVlces .. needed. Thank you.
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Englewood City Council Agenda
September 7, 1999
Page2
10 . Consent Agenda .
a. Approval of Ordinances on First Reading .
apfd5--0 i. Council Bill No . 54 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement No. 144. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities. ~
b . Approval of Ordinances on Second Reading . . .
OJMAS-0 llhlNZN111 AJJJ1Jr__.1___-tr;-~>L ;()!J.-1 1/ 111 1t1 +t1 -Tr ,.. :.vW:'rfr "'eouricil-Bll(No. 48, adopfiifg tne-CTty orEngl~otid Fitefighters Pension Plan
tn.J Ji.ti(;, Document.
iii.
NJ#
iv .
V.
Council Bill No . 49 , adopting the City of Englewood Police Officers Pension
Plan Document.
Council Bill No . 50 , amending Title 3-7-3 and 3-7-4 of the Englewood
Municipal Code pertaining to the Police Officers Pension Plan .
Council Bill No. 51 , amending 3-8-1 of the Englewood Municipal Code
pertaining to the Firefighters Pension Plan .
Council Bill No. 53, regarding submission to a vote of the registered electors
of the City of Englewood a ballot question submitted by Charter Initiative .
c. Resolutions and Motions .
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11. . Regular Agenda .
a. Approval of Ordinances on First Reading.
i.
'•
Council Bill No . 55 -Recommendation from the Department of Financial
Services to adopt a bill for an ordinance authorizing the issuance of Special
Assessment Bonds in the amount of $612 ,000 .00 for Paving District 38 .
STAFF SOURCE: Frank Gryglewlcz. Director of Financial Services.~
b.
C •
Approval of Ordinances on Second Reading .
Res£;;:ns and Motions .
Recommendation from the Departments of Public Works and Financial
Services to adopt a resolution approving the purchase of a new traffic signal
system . Staff recommends purchasing the system from Econolite Control
Products, Incorporated in the amount of $363 ,400 .00 . STAFF SOURCE:
Ken Ross, Director of Public Works and Frank Gryglewlcz, Director of
Financial Services.~
PINN noee: If you haw a dlaablllty and Med auxiliary aids or aervtce1, pie ... notify the City of Englewood
(303-712-2405) at INat 48 hours In advance of when Nl'Vlcn are needed. Thank you .
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linglewood City Council Agenda
• September 7, 1999
Page3
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iii.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to adopt a resolution approving the purchase of
Maintenance Management Software. Staff recommends purchasing the
software from Datastream Systems. Inc. Company, in the amount of /hA/u.tt,o ,
$50,600.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.~. --:tr --
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve , by motion , a contract for Design and
Construction Administration of Service/Support Facility Expansion and
Modifications. Staff recommends awarding the bid to the lowest bidder .
Fischer and Associates, in the amount of $Ji?,36p.op . STAFF SOURCE:
Stewart H. Fonda, Director of Utilities. ~
tlffd5-0
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Recommendation from the Department of Parks and Recreation to approve ,
by motion, a contract for Santa Fe and Hampden Avenue landscape
maintenance. Staff recommends awarding the bid to the lowest technically
acceptable bidder, Schultz Industries, Inc., in the amount of $64,650.00 .
STAFF SOURCE: Jerrell Black, Dlrect,,,i;..;f..!:~ .. and_ Recreation and
Dave Lee, Manager of Open Space. vvo7iff,A,/i-----
12 . General Discussion.
'7" APP'DS-0
a . Mayor's Choice .
b . Council Members' Choice.
APP'DS-0
13. City Manager's Report.
a. CityCenter Englewood Update.
14. City Attorney's Report .
Adjournment. / 0 : {)'/ ~
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BRADSHAW MOVED TO LET BURNS , HABENICHT
NID NA8HOLZ ATTEND THE RAIL-VOLUTION
CONFERENCE AHO ASK THAT THEY HOLD
THEIR EXPENSES TO A MINIMUM
WAGGONER MOVED TO AUTHORIZE GARY SEARS
TO 00 AHEAD NID HIRE AH ARCHITECTURAL FIRM
TO DO 80IE INVESTIGATIVE SITE Pl.ANNING ON
THE DEPOT
The following minutes were transmitted to City Council between 8/12/99-9/2/99:
• Englewood Public Library Board meeting of July 13, 1999
• Englewood Code Enforcement Advisory Committee meeting July 21, 1999
• Englewood Planning and Zoning Commission meeting of August 3, 1999
• Englewood Board of Adjustment and Appeals meeting of July 14, 1999
• Englewood Liquor Licensing Authority meeting of July 7, 1999
• Englewood Liquor Licensing Authority telephone poll of July 21 , 1999
• Englewood Liquor Licensing Authority telephone poll of August 18, 1999
PINN nom: If you hav9 a dlublllty and nNd auxiliary aids or NrYlces, please notify the City of Englewood
(303-712·2405) at INat 48 hours In advance of when servlcea are needed. Thank you .
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ENGLEWOOD O'IY COUNCIL
ENGLEWOOD, AllAPAIIO& COUNTY, COLOllADO
1. Call• Order
ne regular meCling mtbc Eqlcwood City Council -called to order by Mayor Burm at 7 :35 p.m.
2 ..........
'Ibe Pledge m AllcgiaDce wu led by Mayor Bums.
4. IIIIIICall
Council Mcmbcn Nabbolz. Onmalil, Gama. Bndsbaw, Habenicht,
w.,......Bwlll
Naae
A quonam -prelClll.
Abo Praeal: City Mampr s...
City Aaoraey Braczmm
Deputy Cily Clerk Caldc
Dinictar Foadl. Utililiel
Allillllll City Mampr f'1lbcny
(a) COUNCIL MEMBU BRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE
TIR MINtlTES o, TIR llEGULAll MEETING or AUGUST 2, .,,,.
Ayes: Council Mcmbm Bradshaw, Habcllidll, Waggoner, Grazulis, Bwns
Nays : Naae
Abltain: Council Mcmbm Nabbolz. Gama
'Ibe motion c:anied.
Mayor Bul1II explaiacd dial Council Mcmben Nabbolz ml Gama abained bClc:ause they were not at lbc meeting
of August 2, 1999.
6 . Sctewlef Viliten
(a) Dim:tar SIU FOllda addnucd Coullcil reprdiac lbc 1991 Repm vm Operalicml and
Mai...,.,.,.. Excdlenoe Awud 10 be nmwd by die LialctoalEllpll Wllll&Wala Tlallam ,_. fnim die
Eavinmmllllll Pi......._ Apll:y. Mr. FOllda illlladucDd aid' memllCn Dllmia StaM, Joe PayllC, Plail Ruall,
Kcvia Hill, Mary Glnlla, Cilldy Goocbam. and Cllril Heelis.
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Englewood City C4uncil
Augusl 16, 1999
Pagc2
Mayor Bwns asked for a round of applaua:.
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Duector Fooda aid we have beco notified thal Rcgioo VIll bas giVCII us the firsl place award for their n:gional
program aDd lbcir award for cxccllcncc in CIIVU'OIIIIICII proledion n:sulting from wasleWlller trcaanclll activities as
well • to mcouragc, in a IIOll-regulalor __., improYCmcou in WllSlcWatcr lrCalmclll sysaems . This is in the
C11efD1Y of• larF advanced publicly owned lrCllmall planl. aDd the awud was bucd on the performance or all
cliviliooa M the wastcwalcr planl. be advised. This will qualify III IO COmpclC with the large, advanced planlS for the
Ulioaal awml aDd we will bear about tha sometime around Sepccmbcr or October, be said. Mr. Fonda said. al this
poiDI. they jusl QIIICd IO let Council know. aDd also thank Council for all the suppon given in putting the plant
togctbcr OYCr the last ta1 years .
Council Member Bllldshaw COIIIIDCllted thal it is Dice IO bear from the EPA Wider these circumstances.
Mayor Bums asked if the plaque bas been presented yet. Mr. Fonda responded that is bas not. adding that he feels
WC an: waiting to sec bow WC do OD the national award.
Mayor Bums and Council offered their congratulations.
7. NOD-Klledulcd Vuiton
(a) Steve Wbcclcban. 4JJS South Logan Stteet. expressed conc:cm n:garding the contract that the Ci ty
of Englewood colaed into regarding the sculpture gardens. It n:ally centers around safety issues. he said. As we all
know, the Lilllc Dry Creek drainage is primarily a Ooodway, although be bas bcco told over the last w-eck that it is a
park, aDd a grecobclt, aDd scvcral other things. lo noticing over the last year the amount of Oooding we have had m
lhat area. be said. aDd because of the ocw COIISUUCtioo we have had OYCr in Cbeny Hills and near Parker. and that
whole Oood plaiu being paved. &\'CIIUCS being pw in and waacr being colJected and rushed down thal Little Dry
Creek Drainage, it is DIOR imponam DOW than ever lhat we pay lllaltioo IO thal small section of ground that goes
down by what is DOW Kinko 's. formerly Pier One Imports. Some al the sculptures have beco pla,;:ed diRct.l y in the
Oood plain, lea than six feel away from the borders of the aeck. Mr. Wbeclcbao aid be was oooccmcd about it as
be walked by one day, aDd ran iD&o a poup of people down there wbo were erecting them. He said he was getting
somewhat of a bostilc trcaaDcd from the artist. but DOC from the City employee. Dave Lee. wbo was actuall y quite
courteous. Mr. Wbcclcbao said be wu coocemed thal the primary cooccm was for the an. not the public safety . He
said be took it upon bimsclf IO look into the issues. and found out that FEMA was primarily involved in the cre.ition
of the drainage. along with Urban Drai.oagc aDd Flood Coolrol . He said be cootactcd those people and found out
that no FEMA permit had bcco pulled. Public Worts had ocvcr bcco consulted in Englewood. then: is no a pproval
being given by Public Works, lbcrc bas ocvcr been approval givco by Urban Drainage. In my conversation with the
pcnon wbo cootrols rccommcoda•ioos in this a,ea, lbc reoommcodnd IOIWe against the placcmclll of those items in
that drainage, be said. Somehow, it wcnt through uyMy. He said be feels it n:prcscnlS a ccnain hazard to
n:scucrs. particularty police and fire pcnoDDCI. no may baw IO go down lbcrc in the future in the case of a I 00
year Oood, and this acata map. It is pcrplcxiog IO me, be llid, with the mambcr of puts and open spaces WC ba\'C
in Englewood, why you do DOC place these itcms • 1cut biper up on the bill or mon: appropriate places, rather than
diRct.ly in the Ooodway . Mr. Wbcclchlll aid be pulled IOlpl from Harold Stitt' s office, aDd !hat office also gave
him the fEMA maps . He said be is in the proc:as now of baviD& clear overlays made IO put over the actual plats.
which was provided today by Pub and lloc::rcalioa. He aid be will prcmit them, bopcfully, at the next meeting for
Council 's review, becaulc there aw bcco -obvious cmn made in 1am1 al public safety, and thal is n:garding
the water issue . 11lcre is a .:xlOd ilaac. be aid. II is I liClllptuR <:ailed the Spq IIIICCl down !here, which,
although be finds pretty aestbctic:ally plcasina. it is a kiDClic ltV.lpturc mounted OD I large spring . It has a sixty inch
swing, aDd bas two liocs comiD& off the front ti. arc CM:r cipteeo iDcbcs long. It is sculptured in such a way, be
llid, thal I small cbiJd would MIii 10 sit in the back. If CIIIC 1111111 c:hiJd WU in the front. and aoothcr was in the
batk. the energy tbal would be ,cacnrod in tha would easily picrClc a six year old'1 cbelt. It is just waiting to
happen, be asserted. Mr. Wbcclchlll aid be looud • the inanoce policy tbal was pescotcd by the commission.
and found out lhat. becallle die City tldl; ii upcm dlemldwa to place these items, aa:iording IO the iosurancc
compaoy , lbcy would oot be liable ifthesc itc1111 wcrc placed in IUCb a way wbcrc the hazard was because of
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Eagi-ood City Council
Augusl 16, 1999
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pllClffllC'lll I .... to you, lie aid, tbal tbcy are ID dos to tbe lideMlk. 111d lllllll dlildrcn OD tbal puticular
ifma, 111d die Oilier itea. are IO dole to die clrainlgc, die -a lmanl. 111d lllo die violalioo of no FEMA permit.
tbal tbae are tbinp 1h11 have to be loobd IL
Council Member Bradshaw said to have 111ft' look illlo tblt. City Mampr Scars said Sl:lfl' nceds to give a full
report. He said lie lmaws mmy of tbe Coullcil members have bad questioaa 111d calls on this issue and we have
ClOlloctively pn,vided tblt illforaalioll t.:k to YClll. City Allanlcy Bl'IIIZmall did some liability information. be said.
bul in terms al our rdatioa to FEMA. we have DOI done a follow up, but we will do tbal. be said.
(b) John Smilb, 3835 South Elali Scrcet, expressed his concerns about something in the neighborhood
of S30 million worth of property going to the Englewood/Mddlan Reservoir Foundation .
Mayor Bwu advised tbal be bad referred Mr. Smith 's message to the City Attorney. Mr. Smith said be bad called
bul tbcy missed each Oilier, ID Mr. Smith seal tbe City Attorney a FAX today . He said be had a copy of it if Council
would like to 1ee it Council Member Bradshaw said sbc also rdened tbal to the City Auomey . Mr. Smith said his
COIICCl'III are tbal die ll1icles are Id up to provide for ablolutely no control by City Council over the Foundation. He
said it 1DC1111 to bim dial wbm you are clcaling with tbal kind of property, tbal control should be there. He said he
bu sugelled to die City Council c:enaiD N1N'Ddrneols to the anicJes. and. granted, tbcy are a little stricter, but Ibey
are abaolllldy neceaary. Mr. Smith said be would like to give a little of his background that enables him to give
lhole ••gestioos He said be bas lived in Englewood sina: 1961 , and bas practiced law since 1973. Since about
1976, 1h11 bu been primarily in tbe area of municipal and special district law and municipal finance , including
boadiDa, 111d leuiDc and all of thole kinds of iaa. He said be feels thal, although this was turned over to
employees oftbe City, whom lie ii sun: are beyoad reproach, there ii nothing to keep them from turning this into a
for-praftt corponlioa and IClling M profit He opined tbal Council should review tbal decision. as well as their
budp. He added tbal their mcelinp should be open to tbe public, although tbal does DOI mean tbal meetings with
poteDlial dewJapers or lcaon or lcssea have to be open. and should not be, because ncgoliations are not open to
die public. Allo, ii 1CC1111 1h11 this Council should have CODlrOI over any aDJCDdmcnf of lbosc anicJes. and any of the
bylaws, be aid. 'I1IOle provi.-are kind al IXll!laiDed in die bylaws, bul tbcy are DOI in the basic document, the
Aniclea al IDcorporalioa. Mr. Smith said be lllo feels die UMltma!ll lbould be limited to thole tbal are legal for
public enlilia in Co&oado. 'I1IOle ur.abl!el!II are IIJllleWbaa llricflcr lhlD lhole tblt are CODlaincd here. be
coaliNN'!d , oil wells wl IIOCka, for inllanc)c, are allowed to this co,ponlioa. wbicb are DOI allowed for the City of
Englewood. Mr. Smida felt dial vKIIICia OD Ille board al U1lltCcl should also be ClODUQUed by Council . He said be
did DOI bdie¥c tbal lakiDg aaicm CID this would require doin& aaydiiag will! die ardilm!IZ M ii presently exists. The
Mayor bas some period al lime in wbic:I! to sip die clccds, Uld it IOCIIII tbal Ibis could proceed if these things were
takm care of befOR die property was actually coovcyed, be said. allowin& 1h11 be did DOI know what the time
schedules were .
Mayor Bums asked City Anomey Broczman to collUIIClll. Mr. Broczman said all of the Eoglewood/McLellan
Reservoir Foundation board was praent this evening. Steve RjckJes, who is our special counsel for the McLcllan
FOUDdarion. is also here, but be just n,ceived a copy of the suggalions. ID tbal would be a litlle unfair to ask him to
comment. be said. We will get you a copy of Mr. Rickles ' COP!Dm!ls, be said to Mr. Smith. We are doing a fine
balana: with the IRS on this, be said, and with Council's control Uld the indepeodence oftbe board, we are uying to
make all those issues balance out
Mr. Smith said be ii DOI PR die way tbe axpollllion is srructured right now would allow it to issue tax free bonds.
which presumably you might nnt to do in order to CODSIJUc:l infrastructure . Without those controls in the articles.
Mr. Smid! expressed doubt dial you could do that
Council Member Blldlbaw tballkod Mr. Smith for bringing that to Council's allCDlion.
(c) 1-Piper, 2929 W• Union Awnue, said his issue was with ln!Cb and traffic . He said be came
home umipl• 4:20p.m. makillla lcft 111rD onto Union olfofFedcraL and lhere WCR IWO BFI trucb, OIIC in front
of Maly c-Jl'a ad ..... ill frolll af tbal ODC . Tbere wa"C lhree electrical CIOllll'ICIOr's ln!Cb making left IUIDS.
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F.qlnood City Coullcil
A»gllll 16, 1999 ,..,
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111d two of 1km were ovenweigbt 111d ovenize. ~ were also two pickupl pulliDg air CIOlllpl-• or IOIIIClhing
simiw, be said. Somehow, we bave to put a stop to ii, be aid, and sugated tbal Couacil bop into a van and go see
what Greenwood Vdlap did to MoaM» betweal BeUcvicw and On:blrd. It is a aipllW'C, be aid, but it slows
evcrytbiDg down. Mr. Piper aid be would also like to -ID onlinance iD EDglcwood like die 1111C iD Denver
rqanliDg lbade tnie gwhgjc,g We baw IIIIC iD our block tllll mcds to be CllllltlOlled, be llicl. We mipt u well
abolish die Code Ellfanlemml IIICliaa at die City, be opilled. llld pw die jab IO tbe police. .._ Code
Edacemeat wiD ., by 111d wiD do aodliDa _._a..-Cilia. We .. tired at callilll, lie --a. ~ bas
beea a wbite car lialiDg OUl OD tbe IIIIICt for filur weelll tbll Ila DIii --. 111d two._. a,o there -a blue ooe
pabd aboul lffl:llly-ftve feel iD 6'0III at it 111d it Ila DIii -.. siDge it -put tbere. be said. He asbd if we
could put a stop lip or a apeecl bump OD Uaioa. or a llldlic c:irclc, aaydlills tD slow 1km down. '11111 wiD also stop
tbe avame tnlCb, be aid. Mr. Piper tbmked Coullcil for cvcrydliq tbey baw doDe for die aeigllborhood down
tbere. i.:.. it ii a lot bcacr, but it ii llill bid. He aid be a.a tD be m a,illlar or -who calls all lhe time,
but -bave to do IOPN'fbi.
Mayor Burm aid tllll ii why Coullcil -eloclod, to tab ti-Cilia. He aid tbey were good issues. He asked
City Ma-,s Seas wllcR • IIR OD dais. Mr. Sean aid• 111ft llad a aamber at llaft' rwicws and we have been
~ OD dlil ilale, but• 1111ft bad IO -, atber dlillp tbal • haw DIii beea able to have a full review of it
We baw it ldlodulod for Sq,ltwber u• to talk lbclUl Uaioll A-witll a lllllllbcr at altanaliw:s the Public Works
Oepanw Ila put topdlcr, be aid, illlcludiD& tbe police cleplnmca&. wbo wiD be tbcre iD tenm of the enforcement
dill tbey 111ft. We also are lookin& • Oxford. Kca,aa 111d QuiDcy tllll llipl reprdiDg traffic altemaaiw:s. We will
be lakiag a loot • tbiDp like a RIUlld-aboul. atber rlllllll OD Uaioa A-tbal Coullcil bas asked us to lake a look
a. • bave llired Erllie UlleYi1 to loot• die IUllberl to -Mil kiDds atthinp can happen there, be said. There
ii DO pafect IOlutioll, but tbal ... beea ldleduled to talk .. Uaioll llld traffic • apecially OD those inlcrsections ,
lie llid. Mr. Seas aid M bave a full report to pw IO City Cauacil, 111d be told Mr. Piper be WU welcome to
11111111 -Study Salioa.
Mr. Piper asbd why the police wiD be siain& dlere, 111d a truck will ., by. 111d tbey wiD not stop ii because they are
daills a llldlic couat
Cily Ma-,s Seas aid Mare irpcadillga lot at-ripl-ca Uaioll A-. He asked Division Chief
MooR to--. CbiefMooR aid police pcnamm are OUl dllle lbcllll • llaar every day• die minimum for
edlrcrmeat 111d llldlic COlllll. Mr. Piper aid tbey were dllle for lbclUl tine liloun a day for four weeks. Tbey
always aearied IO be tbcre al tbe amc time, like fna 5:00 lllltil 6: 15 a.a. 111d apia ill tbe aftcnloon Ibey would bi!
the same lime, about 3 :30 to aboul 5 :00 p.m., be said. If Ibey would apead a llllf llour there. but not at lhe same
time, 10 Ibey ,el tbe idea, tbcll die plllall ii let. Cbief Mooff aid tbey do WI)' the limes 111d Ibey by to be there
wben tbcre is pater traffic Oow, wbidl is why they IIR tbcre iD die IDOl1UIII and afternoon . They are tbcre also at
other random times. be said.
Mayor Bums said all tbelc tbinp wiD be laken up on September u• al tile meeung witll llaft', so Council would
certainly invite him to aime al tbal time, along wilh any of bis acipbors.
a.
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No Public HeariDg -ICbeduled before Council.
10. C-a A,eeda
(a)
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EDglewood City CGuncil
Alflllll 16, 1999
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COUJIICB. MDIBICll WAGGONER MOVED. AND rr WAS SECONDED, TO APPROVE CONSENT
AGENDA ITDIS II (a) (I), (Ii), (Ii), (IY) AND (v) ON nRST READING.
(i) COUNCIL BILL NO. 52, INillODUCED BY COUNCD.. MEMBER WAGGONER.
A BILL FOR AN ORDINANCE APPROVING 1HE WHOLE COST OF 1HE IMPROVEMENTS MADE
wmDN PA V1NG DISTRICT NO. 31, IN 1HE CrIY OF ENGLEWCXX>, COLORADO; APPROVING AND
CONFIRMING 1HE APPORTIONMENI' OF 1HE COST 10 EAOI LOT OR TRACT OF LAND IN SAID
DISTRICT; ASSESSING A SHARE OF 1HE COST AGAINST EAOI LOT OR TRACT OF LAND; AND
PRESCRIBING 1HE MANNER FOR 1HE CXXUCTION AND PAYMENT OF 1HE ASSESSMENTS.
(ii) COUNCll. BILL NO . 51, INI'llODUCED BY COUNCll. MEMBER WAGGONER
' '
A BILL FOR AN ORDINANCE AMENDING Tm..E 3, CHAP'lcR I, SECTION I, SUBSECTIONS 3, 4 AND .S ,
OF 1HE ENGLEWOOD MUNICIPAL CODE 1915.
(iii) COUNCll. BILL NO. 41, INTRODUCED BY COUNCll. MEMBER WAGGONER
A BILL FOR AN ORDINANCE AUJllOIUZINO 1HE ADOPTION OF AN AMENDED CITY OF
ENGLEWOOD FIREFIGKJDS' PENSION PLAN DOCUMENT, WHJOI PROVIDES A DEFERRED
RETIREMENT OPTION PLAN (DROP) BENEFIT FOR 1HE PARTICIPANTS OFnDS PLAN .
(iv) COUNCIL BILL NO. 50, INTRODUCED BY COUNCll. MEMBER WAGGONER
A BILL FOR AN ORDINANCE AMENDING Tm..E 3, CHAP'lcR 7, SECTIONS 3, 4 AND 5, OF 1HE
ENGLEWOOD MUNICIPAL CODE.
(v) COUNCIL BILL NO. 49, INl'RODUCED BY COUNCll. MEMBER WAGGONER
A BILL FOR AN ORDINANCE AtmlORIZING 1HE ADOPTION OF AN AMENDED CITY OF
ENGl£WOOD POUCE OFFICERS' PENSION PLAN DOCUMENT, WHIOI PROVIDES A DEFERRED
RETIREMENT OPTION PLAN (DROP) BENEFIT FOR 1HE PARTICIPANTS OF nos PLAN .
CGuncil Melllber Bndllllw ._.........., dlll Agmda Items 10 (a) (iii) and (a) (v) contain DROP programs for the
poliClc and fire .
Nays :
The mocioa carried.
Council Mcmbcn Nabbolz, Gama, Bradshaw, Habenicht. Waggoner,
Gazulil. Burm
Nolle
(b) Approval rlOrdillaDcel -SclcoDd Raiding
TIMft were DO addilioaal ileam lUbmiaed b ~ Oil Sccoad RcadiDg. (Sec Agenda 111:m 11 -Regular
Apela.)
(c) Jilesolutiolll 11111 Maticml
COUJIICB. MDIBIR WAGGONER MOVED. AND rr WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (c) (I), (Ii), (ii) AND (IY).
(i) PESOLUTION NO. 14, SEIUES OF 1999
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~ City COIIIICi1
Aupll 16, 1999
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A RESOLtmON At.miORJZING 11IE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS
W111DN PA YING DISTRICT NO. 31 ESTABLISHING A DA'JE FOR A PUBLIC HEARING ON 11IE
ASSESSMENTS.
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(ii) A CON'IllACT wnH AUJ'OCRAFraRS, INCORPORATED FOR REPAIRS TO 111E
CITY'S MOTORl1l!D HORSECAR IN 11IE AMOUNT OF Sl 1,615 .80 .
(iii) A COtn'RACT wnH ELECI1UCAL cc»rmACTING SERVICES FOR EXTERIOR
SITE LIGHTING AT 11IE ENGLEWOOD RECREATION CEN1El IN 11IE AMOUNT OF $38,0-70 .00 .
(iv) ACOtn'RACTwnHCERTIFIEDELEVATORCOMPANY,INCORPORATEDFOR
INSTALLATION OF A VERTICAL PLATFORM LIFT AT 11IE ENGLEWOOD RECREATION CENn:R IN
11IE AMOUNT OF $57,446 .00.
Ayes :
Nays :
The molion Cll'rial
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Council Members Nabholz, Gama. Bnidshaw, Habenicht. Waggoner.
Grazulis, Bums
Nooe
(a) Approval ofOnlinaDcel OD Finl Radiq
(i) City AIIOnlCy Bl'IIIZlllaD pramted a _.,IIICDdllion frum tbe City Clert's Office to
adopt a bill for a ardiDIDce rqardiq IUbmillion to a wte oftbe rqilllnd cleclacs oftbe City of Englewood a
ballOI qucaliOD IUbmilled by Cbana iailialiYe. Origimlly, be aid, M moomlllCDded lbal this aot 1110YC forward due
to a lack of siplDll'CI. In pliDg tbrougb tbe cue. M have fOUDd Ibey do have eoough valid signalurcs, tbc:rcfore.
we: are remmmending lbal this move fonnnl to die ballot.
Mayor Bums asked what be maa& by "goiq dlroup die c:111e". Mr. BnllDaa aid lbat Council also aioorized
ddcmc of a c:111e II to die aumbcr of valid lipalUla. TbcR are two iaa rqardiDg lbal Cllle, be explained. This
finl illue -wllll die job duty ii of die City Cert 11111 bow muda of a rmew Ibey are mppmed to do. He
rmiindcd Couacil lbal Ibey have bis maDO OD 1bil, 11111 bis polWIIII ii lbal lbeir rmew -appropriate and COfflltt.
The ICCOlld piece ii the proper procedure after die Clat notified the petilionas, 111d what Ibey are to do next. We
bad origjnally told the petilioa QO!Dmitttt tbal Ibey should file an objcctioo &om a regisacn:d elector, but Ibey did
DO( do 1h11. In rmewiDg the -rdaled to die ddellle of die pcliboacn' cue. it turned out lbeir IIIClbod of filing
a withdrawal and rcsubmilliog the names was the appmprial.e method to conect the names . They have submillcd
enough D1111C1 in that conectioo process to have eoough valid sigJlllUrel for the ballot.
Council Member Habenicht asked wby it bas to be voted on. City Aaomey Brotzman responded tbal it is required
by State Statutes. It bas to a,me to Council. you have to be Ible to -the ballOI question, you actually. in esrcoa:,
have to vocc for it UDlal you have a llOllflicl, be aid, 11111 il also allows you to COIIIIIIClll ..,on the ballOI question.
Mayor Bums asked if lbal -at die lime of VOWII, or llliS ca Mr. BnllDaa aid you would IIIO\'C it, 111d lbai
have a OOIIIIIIClll period.
The Deputy City Clerk read die Council Bill by tide:
COUNCIL BILL NO. 53 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
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E.-,d City CGIIIICil
Aupll 16. 1999 ,.,
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A BD.L FOR AN ORDINANCE SUBMITI1NG TO A V01E OF111E REGIS1DED ELECTORS OF 1llE
01Y OF ENGLEWOOD AT111E NEXT SOIEDULED MUNICIPAL EU!CI10N A PROPOSED
AMENDMENT TO ARTI~ XV, SECDONS 137 :2 (i) AND 131:3 (a) OF 11IE HOME RULE CHARTER OF
11IE COY OF ENGLEWOOD.
CG1111Ci1 Member W...-,albd wllll ...-ifdu iilils. Mr.~ aid die allioa may lllll fail. becallle
you an: WliDg fbr wlledlerdlcy llad die coma......_ o1.......,.. die pelilial. Ulllea you baw -Olhcr
iaformalioa, you sbould be WliDg fbr dlil. lie aid, ii ....... &ii. Mr. w...-, aid dill --kind ot sttangc.
Mr. Bnllmma aid iat oldie illililDw pracell ii dill Coad law a opporlmily ID c:omlllCal .,. it. and.
mcoadly, it alloM die full Coad procma. 11111-die pna ,-111 -dlil, die public cm -up aad
'1IIIIIIIIClll aa du ifdlcy wam 111, ad ii ii publ..a • • ~ wllidl -ii llloM up iD die lepl m:tioa oC
die mwspapcr, 111 ~ ii a cammait period. 11aae ii allD a YiewiD&, iDlllr--. mice pnMlicle dill all council
~ law to go dllOup, ad dlcy are ayiq 11111 lllllice ,-iliaa maid apply to illilialM pctitioas, be said.
Your WliDg aa du does not -you apee wida it, •Ill abvioully you do lllll a8 ap,c, beclulc Council's
llllcment .. dlat they should QOUect ligmlllrel fbr dlis to go fDrwud.
Council Member Wagoacr aid rally all -are ayiq. dlca. ii dill dlcy baw aiougb signlbll'CI to put it on the
ballot.
Council Member Habeaiclll aid, to funber clarify, 11111 CGIIIICil'1 wtc ii lllll • mdolaemeat. Mayor Bums said it
ii jull to place it aa the ballot.
COtJNCll. MDDEll 8RADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I)-COtJNCll. 811.L NO. 51
Ayes: Council Mcmberl Nabbolz. Gamu. Bllldsbaw, Habenicht. Waggoner.
GIUlllis, Burm
Nays: Nolle
The motion carried.
(b) AppnM1 ofOnliaaDcel OD Secoad llcadiq
(i) A bill far• ordinaal:c audlariziDg die vKllioa of die Lialc Dry Crea casemmt • the
CityCcala devdopmcllt WII Cllllllidcnd.
ORDINANCE NO. 45, SERIES OF 1999 (COUNCIL BD.L NO. 47, INI1WDUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AUIHORIZING 11IE VACATION OF Ul"ll.E DRY CREEK EASEMENT AT
Cl1YCEN'IER ENGLEWOOD .
COtJNCll. MDIBU BRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (IJ) (I) ON SECOND READING.
Ayes : Council Mcmberl Nabbolz, Gamu. Bllldsbaw, Habcnicbl, Waggoner,
GIUlllis, Burm
Nays : Nolle
The motion Cllliod.
(c) PCIOlulirm ad Maciaal
(i) Alli.-Cily Maapr Flabcrty praaud a rax,mlDCDdarioo from the City Manqr:r's
Oflicc ID adapt a iaolutioD ,-idilti cammait • die EDvinlamelllal lmpli:l S-far die RID Soutbcut
Carridor. Mr. Jllabaty aid die ---pn,vida far die devdopmcllt of die lipl mil ayslelll lllbjclCI to COIICa1II
ad objoctioDI rcpdiDc lplCific clemeall III die c:ili2IIII ofEapwood. apecifically mmmem cm die propoml
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Englewood City Council
August 16, 1999
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CllllllUUClioa al a l.igbl rail nniwnenor lilcilily • die GcneraJ lraa Worb lilc ill EqJcwood. Mr. f1abaty n:mindcd
Council of lbeir ClllllllCIIIS cxprClllld to RTD md WI awed1an11 cluriq Council wiDp bdd ill June, and also al a
plamiDg mediDg bdd by RTD . Tllil lmllutioD is illlmlled to formalm tbole-. he said, and place them on
reclllld as part al the EIS commeau.
Mayor Bums cornmc:acecl tbll lbcn: Im beea a fair UllllUlll al discussion about this in the last couple of days. He
aid he spoke to Cal Mane11a. wllo is here lmlipa. die llllllllgCr al RTD, and a110 to Tom Nonon. who is the
Direc1or al the Dcpanmeat alTrwparmioa b die 8'alc al Colorado. 1bac two gmdemcn are primarily
rapoasiblc for praiCllliDg die boad issues 1bal are to be voted OD ill NOYallbcr with regard to the Southeast
Corridor. It is impor1ant to empbasiv: dial this involves more the Soulhcast Corridor llllbcr than the Southwest
Corridor. There baa been a propcml, he aid, to pia a repair and main•--facility for RTD can in lbc General
Iron Worb sile or die -vicinity, a lbcn: baa been aae amcem witb Council about lhaL Also. he said, we
genaared this resolution bccallle we dlnupl die C001IIIClll period for die CIIWOIIIIICllla impact Slalemcnt for lbc
Soulhcast Corridor wu upoa 111. a it 1111'111 OUl lhal ii ICIUally begins OD Friday, the 20!b of Augusa and ends on
October ,._ Mayor Bums said M -.ere allO to have -additioaal mcc:tings spouored by COOT wilh the
ncigbborhood, with regard ao die proposals tbM we have for cb-elopmenl Tbc Cily is enaenaining one for a ttansi•
oricored clevdopmall M dais localion with I polsiblc l.igbl rail stop. T1IOle mecliJlp have not been held yet. be said,
and they-were mppoNd 10 have been procemed wilh by the Colorado Dcpanmcna ofTransponaaion and Caner and
Burgi::ss, lbeir agmll. We have -cxara time OD dlis. he said. and we have beea asked ao continue !his witil next
montb 10 we CID have thole wiDp and Ihm we CID provide our comment. We clefiniaely want to have a
SlalCmcDI in the Environmcnla1 Impact SWCIDCDI wilh rqard to Ibis location, he assenaL We have been
proceeding with RTD wilh repnl to a ~ -aemcm for clewdopmcnt. Dam Ciawford and her SOD, Jack..
have been here widl repnl to die ll'alllil oricored cllMiopmall, wllidl we are very inlCralcd in. he said. Mr.
Mane1la will C001IIIClll. llln, but it is impor1IDI. he aid, to empbuiv: tbll die City bu a llrollg desire to see a
developDIClll at dais siac, but allO to work wida RTD. • we have bad a very good relaliombip wilh them. We have a
CODllaCt OD die CilyCclllcr to prclClll lbem widl lbeir IIGp lbcn: ml lbcir parkiq. but we wana to be sure lbal
considerlllioa al die ciliv:nl of Englewood ml !his Council is taken into ICCOUDl. with regard to the General Iron
Worts sile, he said.
Council Member Garrcu asked, if we MUil to panicipale and get a SlalClllelll in. bow long ii would rake to draft what
we need to have submilled. Assillant City Manager F1abaty said the resolution bas been drafted. We will have lo
prepare a cover and ii would probably be a maaer of days . Mr. Garrcu said, if we delay ii aonighl. you will still have
plenty of time ao do tbM . He said his concem is tbM he does DOt wan• IO miss il Another concern. he said. is that
we IIICID to have mixed IIICSllpl from RTD . He said he knows some merchants OD South Broadway on lbc Denver
side bad a mediDg with RTD and they said this is where die nniDICDIDCC facility is going IO go, referring IO General
Iron Worb. 1bat is a problem when they come to our Council and say they WllDl IO negotiate something and !hen
have mecliJlp with Olber cili7.Cm ill Olber communities and say tbM is where it is going, be said. Mr. Garrett said be
does not know wbctber there is a disjoinled RTD on tbal issue, but it clearty causes him to have concems, when we
bear one lhing wbm they come IO Englewood. and somelhing else is going OD in Denver .
Mayor Bums said tbM is all of our cona:rn, because Caner and Burgess were here in JUDe and we aold them. in no
UDQ'nain laml, tbM they were DOt lislening to us . All they were lalking about was the repair facility and we then
iniliatcd some funher discussions and meetings through them, but in subscquenl meetings with some of lbc RID
saalf, and with Dana Cmwford, lbcn: were COOJPll!Dicalions from 5lafl' lbal -.ere raisting our desires and resisling
bcrs, SO there is a mixed messqt lbcn:, he said. 'Jbat is why M have asked for clarific:alion OD Ibis, and Mr .
Marsella will address this IODigbl, u to our desire ao have a coopcnlive dl'on, but DOt a one-way 5IRct.
Council Member Bradshaw asked if they are being asked to pollpODe die resoluliOD al !his time . She said her
concem is if they do DOt get back to ii. Ihm they will not pt iDlo die Enviroamcnlal Impact Slalcrnall Mayor
Burns said ii is absoluaely impenlive die we get in die Enviraammlal Impact SlalcDICIII.
Council Member Habenicht said she would appfflCialc bearing from Mr. Mandia.
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Eoglewood City Council
August 16, 1999
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Cal Mandia. Gmaal Maa,r:r m tbe ~ Rqioaal Transponalioa DiSlric:t, told Counc:il Iha& this CODlroYa'sy
c:augbt bim -• ~ 111d be apologiml for dlll. Word came to bim tbruugb Ms. Cmwford • a breakfast
meeling dial Council -CIOlllidcriDg this resolution al lmligbl's meeting. He said be was DOI aware Iha& a
~ exislcd. be said be lbougbl good communicalioas wen: taking place. per bis explicit directions to his
llafl" and, lhroup Tom Nort.oa. to tbe amsultmt, Caner and Burgess. Ms. Crawford had a,mc: to him. be said.
about a IIIOlllh or two earlia and said she knew this was a candidale site for tbe maintcnaoa: facility. but she felt it
was a -vay good localion for a lnlllil orieatcd joint development dial would senoe tbe bc:sl of boch worlds. and she
asked if be was reccplive to dlll. Mr. ManeJla said be rapoodcd affimali~y. it is in RlD 's inlaal. it is in
Eoglewood's illlClal, in tbe ~·• iDlaal to see wbal M could do, and, hopefully. in lbc neighborhood 's
iDlaal. My clirectiolls to my slafl' wen: IO do wbalewer Ibey had to do to iDcorporalc these oonsideralions with lbc
City and with lbc ~opcr to make sure tbal M cover all m these possibilities, be said. to end up with the very bc:sl
clcvelopmc:nl tbal M c:aa al this lik:. If M cu do aa excdlenl joiDl ~opmcnl project like wc arc doing in
Cinda-eUa City, lbat is a federal objec:lift, dial is aa RlD objecli,le. tbal is good regional policy and I cenainly want
to punuc tbal. be said. I left it al 11111.. amlllliDg il was piing tbal direction. be added. When I found out there was a
a>lllJ'O\'aSy, be said, I immntiardy got oa tbe pbone and talked to City Manager Sears. and be explained that there
was a lot m disaffection on behalf of lbc Council . The proc:css that bas been used. and the swemcnts that have been
made by , perhapl. COOT slafl', tbe coasultants. and my staff. presenting this as a fail accompl i. without a
~ ciliz.m or City Council iDpul proccll lO look al altanali"VCS and to find out what this would ultimate ly
Like . Mr. ManeJla said be told Mr. Scan lhaa it was DO( his UDderslanding that it was an accompl ished fact at
this poiDl. wc were in tbe ~opmcnt 5laF, and M were looking• this as a candidale site with others. He 5ald be
rcilmlcd to Mr. Scars dial be bad a,mmitted to work with Dana Cra•fonl who is intcrcsled in the site for other
clcvelopmc:nls. aad will COllliDuc to do IO. Mr. Mandia aid Mr. Scars lben explained lO him that Council was not
happy ~ lbc procc11.llld felt wry mucb CMriookal. llkcll for panted. aad DOI involved in a fashion that Ibey
wen: c:a1ainly deserving m, aad bad every ripl to. We baw bad aa extraordinal)' rclalionship between RlD and
tbe City of Englewood siDcc my arrival bcR. be said. We haw pannered on a number m projects. wc have
partnered on CiDderdla City, our stairs llaw woncd togetber in a -vay credible and positive way. we have
supponcd all of your clrorts to redevelop tbe Cinderdla City site, M boSlcd a visit by the Federal Transit
Adminisaatioo aad made sure tbal Deputy Adminisll'alor Fernandez came here . The Mayor graciously agreed to
host her, and it made a great imprasioa oa her in terms ma real poCenlial deveioplllCDl. be said. As early as two
wc:cks ago, tbe Fr A Administrator came ticre. be said, and one m tbe things be was most impressed by was the
redevelopment of Cinderella City. w · all of tbe joint clcvelopmc:nL tnnsil oriented development themes
be bas been pursuing as tbe FT A • and lhaa is exactly lbc track wc want to take with the City of
Englewood and c-vay other city wc wi Mr. Marsella said be bas always been a firm believer that. as a
regional transportation provida: aa otity in and of ourselves . You arc our clients and cusromcrs. be
said. and I have to wort · you c:ompliments your plans. I am also very sensitive to the fact that. in
many areas, in · potential for future ~opmc:nt is limited, be said. and that you do not
have a property available. Developing propeniel that generate a tax base. that suppon future City goals and
__.....jffl'Estments, is -vay impor1anl to you. and I undcrstUld that. be said. and I pledge to you that wc will do everything
we can to mcct our IJllDSil needs, but also incorporating your needs and your desires as well . It would be terribly
arrogant if we were to a,mc: in here and simply overlay our needs with no concern for the local area· s requirements.
both today and tomorrow, be said. Mr. Marsella said be would not let lhaa happen. as far as be could handle it
Again, I do not make policy, be said, lbc Board docs, but I don 't really see any disagrccmcnt on the Board. This
process got away from me pcnoaally, be allowed. and if an apology is in order, I am here to offer that to you this
evening. I am sorry it bappcued. be said, and I will tum il aruuad. I met with Tom Norton this afternoon, be
advised, and this situation in Englewood -tbe primary topic for discussion. We mutually commiacd to wort
with tbe City through the enviroamallal procc11 to incorporate your C011CC1111. be said, buL more imponantly, I do
not want to do that in a penuaaory -. I WUl to do il IO wbell I walk out of bcR. WC panncr, arm in ann, so
we both feel very good about tbe dcvclopmall M came up wilh. 1bal is my commillDCIII to you. and again. this
pnxess is open for COIIIIIIClll du'Ougb October 5'*, be said. Rat assured tbal you will be bearing more from RlD
and from tbe aJIIIUltant and tbal M will ~ widl you ud disam widl you and lillal to you about what your
amls &R. I will uk Ms. Clawfonl be aid, to MIik widl • wry dolely 10 tbal 1WC can iDaxponre her pa-for
clevclopmeat tbal meet with tbe City' 1 approval aad your laa& lam objectMs. Apia. if M got off track here, I
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August 16, 1999
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arpolasizc. 11111--my illlellt. be aid, 111d 11111 ii c:leaty • wbere I Wllll to 111· I ~ to you my support
ID 11n 11111 lilllllioD amad, be llid.
CGaal:iJ Member N1b11o1z dmllred Mr. Mandia. SIie ~ dlll WC .. off OD DIC wroag foot with Calta
ad...._ ad dlll wc i.e 111111• waadedial ..--, widl Rm. Y• mve beea way baar:11 ad up froal with
a, * llid. ad dlll ii ny it IDak Couacil by apria. We Ida lib 6e NI 111111 beea pulled out 6-under 111, • ii
ii Diec ID .. met OD die ri&k Ila ad Clllllliw aw )*tael'lllip.. aid.
Mr. Mlnella llid Ilia mlf a&nd ID -GIil MR IODipt ID II)' ID llllke --but lie aid ao, this is importanl
caougll lllll die CGIIIICil IIIOIII ID bear 6-me direcdy, be llid.
Mayor Bula lllbd Mr. Mandia ID dimm die wtia& QO!llaaillec lbal lliJl lillll • beaa ,cbecMed Mr. Marsella
aid lie 1PC8 widl Llny W-IDday ud wida T-Nartoa. 11lcy bada liClld bim 11111 meeciap bad not been
ICbedulecl •early• dlcy wmld lill&. Mr. Mandia liClld diem dlll dlis -a ClllmlCIII dlll Mayor Burm and City
M-,er San 111111 ailld. Mr. Mandia aancl tbem tbal dlcy ~ be FCbeduled way IIIOll, and the follow up
will lake place. He aid il ii libly dall, die IICXl time Ibey sit claMt fDFlbcr lrida plans. lie will be ~ as wcll 10
ec wbat ii bapprning Rm ii• IICR ID lappcD ta you, be lllaNd, ii ii~ ID lappcD with you. The baa -y 10
emme die 1UC1Z11 of die nmil IIYIICm. be aid, is 10 build ii ill FlluiDc parmmbip with our surrounding
,mmicipa!ilies, ad 11111 is my QOPIWifrnmt ta you.
Mayor 8uru QOPIIIICIMed 11111 be bas beal OIi CouDc:il IOIII mougb 10 know thal. wbcn be got on, the paradigm with
Rm -11111 it did 1appaa ID ym. but ma Mr. Mandia came aa board. it bas beal difl'crenL Rm bas been very
CXIOpCl'lllivc. WC blve -W loag ad 1111d topdler, WC blve ~ 10 Wasbingloa 10,elhcr, and WC have done a
lot of pll1llaiDI, ., wc Wllll dlll ta CDllliw. be aid. lbll -wby wc wanled ta make sure this kind of
dilCODnec:t did not CDllliw. Mayor Bumi ciqnaad bis IIIIPftlCUl&ioD ta Mr. Mandia for a,ming IOlligbt.
COUNCD.MDIBIUl WAGCOND MOVED, AND ITWAS SECONDED, TO CONTINUE TIIE
MA'ITER UNTO.. TD SEPTDDU JI, "" Cll'Y COUNCD. MEETING.
Aya: CGIIIICil Melllbcn Nabbolz, Gamll. Bradshaw, Habellichl, Wagoner,
Gm:ulis,Buml
Nays: Nolle
The motioa caniecl.
12 . Gmen1Dilalllioa
(a) Mayor's Choice
(i) Mayor Burm reminded ewryoae of die TClll Talk IICXl Monday Digllt. illltcad of a
meeting. • Clllbiag Park. ~ will be p,aaU«iom by the Muleum of Outdoor Arts and die David Taylor Dance
'lbealcr, • well • the llaff:
(ii) Mayor Buru .-eel 11111 the Amllll City Employees' Picnic is this Friday at Cushing
(iii) Mayor Buru said tbcrc --Dalcrial ill die Couacil pac:kcls on the endorscmcat
tbruugb the Mccro Mayors' Caucus. asking for•-dlll we c::u cadone bada the Rm vote ill the fall, the
bc8l ;-. ad allO die p,vamw'11lalllp0dalioa aoca or bonds. He aid be~ like ta have a COlllalSIIS from
Couacil 11111, • dlcir rq,rwa1mwe ill die Mccro Mayors' Caucus, it is aU ripl ta ID abcad and CDdonc dlCle ilrml.
Couacil Mmller .............. if ii -die widcaiDa of lalmlate "· Mayor Burm aid Jlllt of it is. ,,_ -
die MO ileaa 11111 ..... lrida ma ad!« dlll iDc:lade dllt.
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August 16, 1999
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Council Member Hlbalidll llid lbe lllo illlmdcd ID 1511d -. llllder Council Mcmbcn' Cllaicc, dul M ~ a \IOllc
ma a similar nllOlulima eDllcll r • DRCOG ma Wedladay aip SIie llid lbe llld allD pnMded iabmarioaaJ
maraials. SIie opiaed dall i£ ii ....... Illa M mdane bada, dlcy-badl ~ topdler, M -lllowillg a lo(
of a,openllioll bc£MeD R11> 11111 die SC.. 'l1lil canidor bas iDdicalal dul lllil is a lllllbi-modal appraac:11 and Ibey
~ supported .. iD OIII' Soudlwat Corridor, _, i£ ii an,rupriale dul M follow dlrougb. sbc aid.
Council Member Bradshaw llid lbe lm DO problem lllppOl1iDc ligbr lail, but lbe docs DOl wan£ to ICC twenty lanes
going dowll 1-25. She aid lbe lmows dall is pal of Ille llaalpOlllbOII. but die IIIOl'C M continue IO make people
clcpendmr ma their can, die DIOR dcpenden£ Ibey will bc, llld -is die lime to do 10111C changing.
Council Member Hlbalidll llid lbe dliDb Illa is nally valid. Bill Vidal, wllo is die acw Executive Dircdor of
DRCOG, llld wllo-pm,ioully ia Mr. No11oa'1 pl-,e • clinldar ofCDOT, made a presentalioo to lhc DRCCXi
Board explaining bow die '-pn>pW wwk ....... llld llow may lam and bow much IIIOYCIDCDt is needed
dwiDg peak pcriodl iD die Sourbeu£ CCJnidar, llld dul, by pn,vidiDg bada -addilioaal lanes OD lhc highway
pl• die ligbr lail, provides eomccbing like die equmlal£ al dlineaa lanes of trlffic during peak periods. so Ibey
bada do wwt IOIE£)a. My 1llldenllllding alln, lbe llid, is 11117 lbac is DO£ a na:asary additional rigbl-d-way
-sed ia order 1111 do die a.. of trlffic by die way Illa Ibey a,e going to do Iba. If Ibey were trying to do it all
witbjul7 adic 1-. i£ would be a hlDMlp'II mo:. 111 it Rally is a multi-modal approacb tbal bas pined the
IUppOII ofnlld people 11111 lmllil people 111d die corridor.
Mayor Burns llid limilady. Sou7la Sallla Fe bas beCll widened iD die last few years, and tbal is IOIIICWbal
coincidcnlll to die fact Illa die ligbr sail is coming du'Oup. but wc do, indeed, ~ a multi-modal aspca to all of
dlCllc pn,jecll. 1111n is -..a CDKCl9 ia die Sautbcal7 Corridor, be said, dul if oac of tbac propoals passes.
111d die adllS-doll -...... cidlcr-of diem would be built He llid dul, m:11 dlough M -pal
.......... of lip£ mil. i£ ii .. 6c WW ID all of y_. problems. and be felt die llllllli-modal appraac:11 is bell, and
lie...-M lie wajlll£ am111 far dlcir Qlamlllll 11117 be can support dlCllc -·
Council Mclllbcr Hallcaicll£ llid lier limn is cxacdy witb Council Member Bndsbaw, but sbc feels we need IO
....... bada.
Mayor Bwu llid you can DO£ 1111\'C lllil problem witb lanes. You can not comply with federal clean air regul ations
if you add a&lllaingN ..e lldk: 1-.
Council Member BDdlllaw llid wbm you IDCDlioa Govcmor Owens. tba1 mcans lanes . Mayor Burns said tba1 is
bis pn:fcrcacc. Ms. Braddlaw aid dul is why she commented on Iba.
Council Manbcr Habmicllr albd. lincc lbe and Mayor Burns will bada be WWII on tbac tbings. ifwe have a
~ to ""* iD fawr of thole cndoncmcnls.
Council Member Cilrrca med fiJr c:larific:alioa wbctbcr Coullcil would be vOling or Mayor Burns and Ms .
Habmicllr would be vllliag.
Mayor Burns said wc can wre for i£ • your rqRICll7llivc m:a without coming back to Council, but several of the
Mayors. w11m Ibey took £his our fiJr appn,val. llid Ibey would like to like ir to tbcir cowacils and jul7 alik tbcm. • it
will give i£ more wci&b£. Lildcsoa'1 Mayor, Par Craacuba,e., llid wc would like to~ the wllolc council review
i£ 111d alik far a mo.,.•, 111 Ibey med fiJr a lialc min lime. WIim Ibey finl IJCII£ it out. Ibey bad i£ aa a fast tum
aRllllld, Ibey WUled cvcryoac to just ay ,-or DO . A IUDbcr of cilics aliked to lab i£ to tbcir councili for review
ID -wbctbcr Ibey could oblaill a • Ill dul is why M an: doin& dlia. By die end of Ille week or SO, Ibey
lilapc 1111 MW die 1apo111C1 lium all die dlica, lie llid, 111d die Mayan' Caucus i£lclf Wll:I by c:on---. so tba1 is
why Ibey did Iba.
Council Member Cilrrca aid bis ,epc&illllliws may VOie tbcir OIIIIIC:icnoe . Council Member Waggoner said Ibey
could VClfC for him.
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P.aglewood City Couacil
August 16, 1999
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(iv) Mayor Buras aid tbc P.aglewood Haakl had 4'WC III lltidc ca a plcmao aamed Jme
Madia no. • 104 years m a,e. -nan1ec1111c Fiadl Lqioa mHaaor, and lie acsua11y ii a raidellt m
Eqlcwood. Ma,ar Bums aid be talked ID Public lllfonmlioa Oflia:r Puacerelli about this, and sbe ii 1alking to bis
family about anaaliDl a lime filr bim to CIIIIIIC and be boaored by tbc City Council filr Ibis lalbcr unique awmd.
Couacil Member Bradlbaw aid Ibey are a.,,__., family , sbe 1111 lalked ID tbc cbi1drm and tbc grandchildren
11111 dlcy are waadcrful .
(v) Mayor Buras aid be had a ailwaa to plSI OD ID City Manager Sean from tbc Demer
Pall bUliw colmDDi•, Robcn Sdnwab, about baw be ii llal1iDg ID llloll down Broadway from one end to the other
11111 lie ii fall:imlDd with Broadtway. Evay week lie ii pliDg ID have IIIOlbr.r ICdioa and be is coming toward
P.aglewood, ., Mayor Bums felt be IIMlllkl !mow aboul tbc Souda Broadway Adioa Plan. We could powl>ly get
-vay aicle publicity, be aid, llr tbc Cily wida repnl 10 M paniallar plan.
(b) Couacil Mcmben. Clloic:c
(i) Couacil Member Cilmll said be -iD the packet a few weeks ago !here was going to be
dillcullioa OD Oxford and some m the lndlic iaa. 11111 Cily Manager Sean mentioned it earlier. Mr. Garrett
IUges&ed not oaly looking ll Oxford, bul allD ~ and Quincy, ba:ausc you could do something on one street
M ii going to impact die ochas. ., we have ID look • it• a whole so it worts together .
Couacil Member Wagoner aid you almoll have 10 look ll tbc Compdlcmivc Traffic Plan. City Manager Sears
said we -PIii iD take a look ll *-four lill&. aklD& wida UaiOD. We had pul all doing tbc full city-wide
lnlllpDl1lliaa plan. be acbawlcdpd. becailR m tbc Ciadadla Cily projccl, lllllil Iller this year. He said it would
be bcM ID do it comprebemively, bur Couacil ..... _ llllller a lal m praue ID focus in Oii lODIC of those
llnlCU.., • ii wbll we are Fil!l to do M.,.
(ii) Council Member Badlbnr:
1. Sbe said Mr. Wbce1eban had called bcr allD about die iam oa Liale Dry Creek. Sbe said sbe weo1 down
tllere 11111 looked and tllCR are mme m thole M sbe -.Id rally ..--die 1ac:Dla. Sbe said we need to look
really c:ardu11y al tbofe. R.cprding die CIUl1l'1CIII .. ii dowa tbcR, it ii CUle, bul sbe aid sbc docs not know bow
ID deal witll that, llllless we put ICMDC'lbing solid iDlidc it ID llap die _._.._ b ii pnay sbarp, sbc agreed. As far
as snags, wbea tbat Waler reacbcs a ClCl1ain poiDI, and we -deaJiD& wida a 100 year flood. tllere are Safeway
baskets clown tllere and all kinds of llUft; anything am become a -,. SIie aid we aeed to just be careful and ask
llall"ID look into that. Sbe said sbe finds it imcrating, Ill 1111 ID be a llllller mopinioa. from some of the things she
1111 aeen down tllere.
2. Sbe tbanked Cbris Oi.-and Code Enfon:cmait filr bcilla IO iapmmvc ID -oflhe dilferent addresses
.. sbc bas turned in. Sbe said sbe really apprcciala tbll.
J . Sbe aid sbc let bcr class go early tbc nigh& thl.,y bad Nllioal Nipl Oul, ., sbc Fl to die place over in die
4100 block OD Soulb Delaware, 10 sbe l(ll ID al !cut oae poup IDII allD IO oae poup iD bcr neighborbood.
4 . Sbe aid sbc had a moaiag lal Mek wida Dllla Clawfonl. Cily Muapr San. Dinlclor Siml*)D and
AllillaDl Cily Manager Flabaty, to clo-lnillllonning OD wlllll lO do wida tbc RlD illuc, and bcre it is already
lakm c:ae m. Sbe aid 11d did a ,iJOdjob. Sbe said sbe will be moeuag wida Kllblca MacKenzie the new
1cptitillllliwe from Deaver. TIiey plaD to 1lave hlllda DCXl woek to 111k aboul pwibly a joinl valUl'c down there in
•area.maybe llalftbc Mnrnanoe facility in Englewood and llalfia DaMr, or• !cut take a look al that,
---.. too. ia vay COIICCIIICld aboul die lipt .ail canidor and bow tbc clmamr ... c:bupd.
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Ellglewood City Council
August 16, 1999
Page 13
(iii) Council Member Grazulis:
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I . She said sbc WCDl to sevcnl pdiaiDp for Natiaaal Nigbl Out 111d bas jull lisu al thiags that people spoke
to bcr about. She said sbc will pa few ll eacll mmiDg. She said it was brougba up II bcr own block pany dial
tbcre ii the aJIIClde barrier tbcre betMCD LiDcolD 111d Broadway, betMCD the has;: wl the maDbole -ii
lillkiDg quite significantly. Tbc lady wbo IDClfiooed il llid the lul time they tried IO fix it tbcre was a big link bole
-tbcre wl tbcrc -DOCbiDg lloldiDg up the pipe. il was all bare around it 111d they were jull going ID pour
aJIIClde over it, sbc said. Tbc lady ii afnid that was going to happen again.
2. Another lady brought up the boom boxes, Ms. Grazulis said, 111d she IDld bcr, if it is in a moving car. wbal
the legislarioo ii oa that Wbca the car ii parbd. 111d it ii only used as a radio, she asked if tbcrc is anything thal
can be done about that
3. Ms. Grazulis llid tbcrc werc some things brougbl up about codes for home additions.. especially electrical .
the aJNisamcy of the code offic:crs that a,mc out to look over the decuic:al. One person will get out their
mcuuring Slick 111d another one will jull walk by and say it ii fine. sbc said. One lady said it bas cost her lots of
mooey, and wbcn she thought that bcr project was done, somebody else came in and said no. you have ID rip it out.
So, she said, tbcrc ii a cooccm over coosistmcy within that area. She is going to get back wilh me regarding names
in that area, Ms. Grazulis Slated.
City Manager Scan said we really only have one electrical inspector. Ms . Grazulis said there were two people thal
came out Mr. Sean said tbcrc may have been a mecbaoical iDspeaor and Olhcrs .
4 . She said the WCllenl Welcome Week Pande ii going to be August 21 • and there will be a lot of
Eaglcwoad people in tbal lllo.
5. TIiey are p,iDa to have llllllbcr Depol prqe sale and Ms. Gmulis said she is going to be in charge of lhal..
ID ifaa,t,ody llas ayllliq for sale, apecially old itcml. sbc 1IWOUld be glad to pick them up . She said she bas
Sepembcr 10, 1111111 12 • the dlla for dlia ia bcr daytimcr, ha sbc bas a conflict, so she will have to get back to
Council with the dlla.
6 . Rcprdi.ag the lldic alipmall OD Tufts. Council Member said it was not neccssarily the ~ arrow she
-looking 11, hil perl!lpl aft al a sip with a straight arrow and a 111m. Now with school staning again,
everybody goes tbrougb tbcre to lak.e their cbildrea to Sinclair, since lhal ii a light, they all bead across the S1Rlet
tbcre . She aid tbal ii a place where tbcrc ii a lot of delay, jull because nobody knows, when they take their left,
wbicb lane they should be in. So you have people going straigba in both lanes and people taking a left or a right in
both lanes. and tbal can be lmadous. she said. It ii not neccssarily the ~ arrow, since the study did not wanam
that, hit just -t)-pe of ralipmeut perhaps. She allowed that she did not know if it would be possible .
(iv) Council Member Wqpacr asked, on the memo Council received from City Attorney
Brotzmao reprding the Boanl al Adjullmcnl and Appeals appoinanads, if it ii only that board that bas a conflict.
City Allonlcy Brotzman said ya. 11> if you appoiDl IDDICOIIC to this board, they can not be on any other board. All
Olbcr boards are clear. Mr. Wagoacr ubd if even the Planning and Zoning Commission was clear, since it says
about the -thing. Mr. Brotzmao llid thll ii a liUJc bit dill'creol. and tbcre was actually a previous opinion on
the Planning and l.oaiog Commission tbal you could be OD aailtiplc boards. This must not have been in writing, but
tbcre -prmoua opinioa, and the pcnoa tbal was pulled oil was Cart Wclkcr, be was pulled off of ocher boards
wllal lie c:bae the Board al~ 111d Appeals. Mr . Wagoacr said then we are all right except for the Boan1
ol A9 ........ wl Appeals.
CCIUIICil Member GlaDllia lllked if the lady wbo -appoillf,od IO all al thole bu made a cboiCle . City AIIOOICy
~aid.with Council's CDllmlt. they would talk to bcr and see wbicb oae she wan1s to be on .
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Eaglcwood City Council
Augllll 16, 1999
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(v) Council Member Habcnicbl :
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I . SIie aid we pw: die Mayor our_. to vocc ll die Metro Mayon' Caucus. Mayor Burns said coosent
-p,,aa for Ma. Habaiclll to Vale • DRCOO IUD.
l . SIie dillrillUled lier CML repon.
3. SIie aid Ille a,,joyed Nalioall N'tpt Ola. SIie aid Ille llllde it to five plllles 111d Ille was really surprised
dial die eaendeaoe w bigbcr 11rm it bas beea bef'cn. People -fee1iDa ra11y FOCI abou1 the oommunity, she
llid.
Mayor Bumi aid be Mat to five lbll llipa. md -dlias be am imo apiD w die problem of housing. As
f'amilia pow ia Eqlcwood, md Ibey haw -cllildrm ia die ICbool disllid. bow do they improve their house.
He aid be talked to diem about die Rdllb Lau Propam.
Council Member Bradllbaw med who is ma die Sdlool-City Joial Commiaec . SIie ukcd if the Englewood Schools
FOIIDdaliaa ca OM1 property . 'l1lll migbt be IIIOlbcr My to loak • IUpplying tempOrary housing for some people.
allid.
Mayor Bumi opillod lbal it would be FOCI to haw ma ed111:a1ioaal procea tbrougb die ICbools tbcmselves and to the
parallS, boclule tblt is wbcrc you get Ibis question ClOIISIIDdy about DOI WIIIWlg to leave. and the family is getting
biger. He aid a lady be w lllkiag to. who -bollias-afdle paniel. aid they bad lalkcd about redoing the
pra,e _., dim pmkillg die car ia &oml, they were trying ewry way ia die wwlcl to expand their house so they could
11ay ia ~ becallle they ~ the ICbool dillric:t 111d the city Ibey are in llld the block they are on, they
"-' CVCl}body. k ii • c:llllic problem. what to do lboul bousillg. be llid.
City Maap' Seas aid they arc mppolCCl to be ICUiDg ~ witb die aew Superintalcleol of Schools. He said be
would fillcl out about it Ma. 8laclsbaw aid it would be FOCI to offer ma cd11Clliooal program for principals, so they
are .-afdle propams lbal we baw, ba:aulC we are doing a lac afthings. but 1111 one is telling the people .
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Mayor Bumi aid be aa.eaded die Safely Scmca IIIIIUII awards dialler last Thursday, which was a lot of fun.
ni-are pat poople ia die Safely Services Departmcm, be said. 1be IIClCl nigbl, be said. a lady got caught in the
elcvalOr af bis buildiDg witb lier small -and -ringiDg die alarm OD die inside. k was aboul 10:00 p.m. and by
die lime be got OUl there. die fire penoonel were already there aDd already bad them out of the elevator. He said be
could DOI believe bow fut they responded to da.
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Council Member Habenic:bl commented lbal, ll die Tait Talk ma die 23 111, we are allo boaoring and thanking all of
our wlllllleal for boards aDd c:ornrniSFioN Mayor Bwm said die ft'Clll would be from 6:00 to 8:00 p.m.
13 . City Maaqa-'1 llcport
(a) City Maap' Sean aid there will be a Tri-cities meeung oa die 2'76 in the morning.
(b) City Maap' Sean aid we bad, IUD, a part af raolulioa, put IOplber a lcacr to AluDad Fuel
Rpnling die Rqioaal Tiwportalioa Dillrict. In light of'this IMllin&'s c:ornmencs. be alkocl ifil would be best that
we bold olf aending bis ldtcr to RTD.
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~ City Council
August 16, 1999
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Mayor Burlll llid be would be ia mar ol lellding tbc lcacr 11111 advising tbal we baw CIJllliaued Ibis maacr III tbat
we can -it 11JF1bcr tonrd a COIIIIIIOll llllulim. ll maid ffllliad diem apia of Ill tbc iapul and planning we baw
cloac far du •.
Council Member Habeaicllt aid lbe would lib far die lcacr to express our palillldc far Mr. Manel1a coming, and
ieilmliDg unc oldie dliDp be llid tbal were pcnillClll to m.
City Manager Scan amd if Council or die Mayor sboulcl sip tbc kacr, or if it sboulcl be under bis signature.
Council Member w....-aid to jllll ay "CGuncil ... med ... ". Counci.l Member Bradshaw said she thinks that
we baw relUCIIDCe to liltca by unc people clown tbeft, and lbe feds it is impol1anl to say it every way we can.
Mayor Bw111 aid be lalked to City Manager Scan about Ibis and be tbougbt at least tbc Mayor should sign. or
maybe tbc wbolc CouDcil, but die whole Council may be a little bit much rigllt DOW sina: we continued this. but.
~ you would lib to do. Council Member Bnidsbaw said okay, but tbc kacr should go down there. Mr.
Scan aid bow aboul die Mayor and Maaagicr, and it would go to Cal Manclla. Council agreed.
(c) City Manager Scan aid we did haw a meeting earlier Ibis evening and there are c:enain things
11111 arc Finl OD • tbc lite oldie CityCeatcr clewJopmcDl. Oac is iD tbc ligDed documems tbal we baw with Wal-
Man. tbal die c:loliDg right DOW is tc:lllllMly set up far Sepcanber lo*. Tbal is tbc dale we are all sbooling for and
everything looks lib we sboulcl be Ible to med that lime fiamc.. be said. Secondly, we have signed. as of Ibis
evening. die COllbacl for Saunden Comauclioa Company and with Skip Miller so that tbc $15 million worth of
implowcmeuts will CODliDuc OD site. 1be .-r apclls out that Saunders' COD11l1Cl can be assignable to tbc City
ifdlae is unc cbangc ia tbc fillln, be llid, but• du point iD lime the COllbad is signed and we do proceed with a
.....-.S aat to ex.c:eed price. 1be Calcaa CmllnlClioa .-r was sipcd OD Friday by EEF and Ca1coa. and
-it is IIIIMIII right abal cm die Foley's ndftelopmr.lll. 111 dloR tbrec uas are ~ be said.
(d) City Ma-,rr Scan adviled 11111 taaipl dlae was pnlPIIICd by tbc City a revisiOD to tbc Muacr
~ Apecmcal. it Ml a bid~ capy . a.ically, OD 3 .6, be aid, it extmds tbc lime for
Millcr/Wciapncn to pramta plaD bldt todle City, ill aiajuDc:lioa with FOl'Cll City, from Augua 31• to September
30" wilb anotbcr polClllial ellllllliaa to Oc:1aber 15, 1999. AIIOlbcr llcy clement is iD SoctiOD ,.1. dlae is a
disamiaa aboul liquidlled--,.. ne City cuna11y 1111 a liquidlled cla-,ea _. lbrougb Rm for work io
be oamplcted OD die lilc and die City will be ~ dlnJup Ibis lll'oement. a tbinl of any payable amount to
Rm, be lllid. It is die ra:omllllClldacioe of die 1110111Cy ud 11d. to keep III oa scbedulc ud move tbc pojc:a
ahead, tbll tbc Council ape to die pnlPIIICd c:llla,e • pen to you Ibis evening OD tbc Masler Development
qreeinem.
COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DIRECT THE
ENGU:WOOD ENVIRONMENTAL FOUNDATION TO SIGN THE MASTER DEVELOPMENT
AGREEMENT.
Ayes:
Nays:
1be IIIOUOD carried.
Council Manben Nabbolz, Garrett, Bradshaw, Waggoner,
Grazulil, 8mm
Council Member Habcnicbl
Coullcil Member Habcaiclll explliaed her aay vote . Sbc llid it is based pimarily on that we already apeed to a
_.. clcftloper apeemcat ud lbe jllll wamll to aakc a lll'Clllg llatanenl tbal we need to be moving quickly, and
lbc jllll cloa Dllt 1111: why WC haw to UW anotbcr delay.
14. City A...,_,', Repo,t
(a) City AltOnlCy Bl'OIZmlll aid be Im oac item relllive to tbc illilialive petition that was passed.
1be IIIOIIICy for die pelidoaal. be advised, die plaillli8i ill tbll cue, baw lellt III a llipulalion to dismiss die cue
wilb each side paying 1111111. He requalecl a llllllioa to lip tbll llipd•lioa
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&J wood City c-::il
Mpll 16, 1999
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COIJNCIL ND11P IIIIADSIIAW IIOVD,AND ff WAS SSCONDD, 10 DIUCl''IB QTY
ATl'ODD 10 SIGN A S'l'IPUIATION 10 DJSIIIISS TBS IIIIDIGllna INl'l1A11VE CASE, Wll1I
&.\CB SIDE PAYING COSTS.
A,a: COIIIICil ....... Nallllalz, Gama, Badlllaw, Habalidll, w...-.
Glamlil,Blnl
Nae
(b) City Aaaney 81W ail lie will lie lmltl a...._ .. a Ille 5 SI I I 7, 1999 COIIIICil
...... A.-City Aaaney lad will be tlldDI Ilia placl.
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Couacil Member w....-aid, repnlilla die Oldiaa ..... --w-die liallt mil, be IIOliced -plac:e
ill dleR when Cia,Cmler llad • ll*ll ill iL He aid -... be real c:aldlal wbell -lllrt writing ordimnca.
Couaci1 Member Blldlbaw aid a dloupt it -"n", IMll "Ill". Diniclor Simpaa llalied lbat CilyCcnlcr ended
wida"ll:I".
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15. AdjNnamt
MAYOR SU&NS IIOVU 10 ADJOUllN. TIie llllllllilll-ad,jounled 111 :.50 p.m.
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PUBLIC COIIIIENT ROSTER
AGENDA ITEII 7
NON-SCHEDULED VISITORS
DATE: September 7, 1111
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NON-8CHEDULED VISITORS IIAY SPEAK FOR A IIAXIIIUII OF FIVE
MINUTES. EACH PERSON Wl!IIING TO SPEAK SHOULD SIGN THIS
PUBLIC COIIIIENT ROSIER. STATING NAIIE, ADDRESS, AND TOPIC OF
COIIIIENT.
ThoN persons who wish to apeak In favor of, or In opposition to, a public
hearing topic, mould elgn a. applicable public hearing roster.
PLEASE PRINT
NAIIE ADDRESS f'A. 01.... ~ tfrl\ rTt +-\A:. Ee t:2. li9 Go u:;il;.o JOPIC
c~4 c~ R .r{'.
P~11 ."sy h 1<n/C1/ A 1
qt1(1 , """' '>
U/J11 C ARW
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City of Englewood
Planning and Zoning
September 7. 1999
REQl EST FOR INFORMATION
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The following information is requested concerning Community Care Corp .
group home located in a R-2 Medium-Density Residence District. 'The
regulations for this District state that it is designed to stabilize and protect
the essential characteristics of the District , to promote and encourage insofar
as is compatible with the intensity of land use , a suitable environment for
famil y life and to prohibit activities of a general commercial nature ex cept
certain registered home occupations which are controlled by s pec ific
limitations governing the size and extent of s uch activit y . Thi s Di strict is
protected against encroachment of general commercial or industrial uses
while the regulations permit development consistent with the concentration
of persons and land valuation in the area . Specificall y. thi s request for
information concerns the Conditional Use within the R-2 zoning:
I . Does legislative purpose and intent provide that there are some uses
which , subject to certain conditions and safeguards , can conform to
the general character of the neighborhood to which a Conditional
Purpose use may apply. Does a Conditional Use permit allow th e
inclusion of uses into the zoning pattern which are con s idered to be
essentially desirable to th e community as a whole or to a s pecific
area ?
2 . Are problems that may arise from the nature of th e use o r
conditions such as trafii c conge stion , den s it y, noi se, loss of enjo yment
and peace of mind, etc ., addressed by requiring re striction s or
conditions tailored to fit the special problems which the use may
present?
3 . ls the Conditional Use required to be consistent with the intent of
the Comprehensive Plan and the policies therein ?
4 . Was the relationship of the Conditional Use to its surrounding area
considered in order to minimize the adverse effects to both the
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existing and future development indicated by the Comprehensive
Zoning Ordinance ?
5. Is the approved Conditional Use required to meet all other applicable
provisions of the Englewood Municipal Code?
6 . Are other factors considered which , in the op1mon of the
Commission will protect and promote the heath , safety and welfare of
the citizens?
7. Upon receipt of application for a Conditional Use is the Department
of Community Development responsible for coordinating the review of
the application by the various City departments and appropriate public
agencies , culminating in the submission of an advisory report and
recommendation to the City Planning and Zoning commission. Will a
copy of the advisory report and recommendations be furnished upon
request?
8 . Does the City Planning and Zoning Commission make written
findings , either approving. conditionally approving. or disapproving
the Conditional Us e"
9 . Is the City Planning and Zoning commission the approving agenc y
for any Conditional Use?
IO .ls a copy of the decision involving a Conditional Use approval
available to the public?
I I .Are all approved plans for the Conditional Use , including all
modification or conditions thereto , endorsed by the Chainnan of the
City Planning and Zoning Commission and made available for public
review?
12. How would any person or persons jointly or severally aggrieved by
the decision of the City Planning and Zoning commission request
appeal of the decision?
13.ls the applicant required to submit an explanation of the objectives
to be achieved by the proposed use , including a description of the
number and type of major users of the facility?
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14 .Are copies of any special agreements, conveyances , restrictions , or
covenant which will govern the use, maintenance and protection of
the development and public areas a matter of record for public
review?
15 .Before approving a Conditional Use, does the City Planning and
Zoning Commission make written findings that the Conditional Use
will be required to implement?
16.How are the conditions and restriction applied to the approved
Conditional Use enforced?
We also request copies of the above documents .
Concerned Citizens ,
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Brian Duyst
3511 South Corona Street
Englewood , CO 80110
Septent>er 6. 1999
To Whom It May Concern :
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I am wnt1ng this letter with regaro, to the Community Cares group home located on the 3500 block of South Corona
Street. two doors south from my house . As a school counselor for the past rune years . I believe I have a unique
understanding of the situation in our neighbomood .
My primary ~aint regarding the home is its constant effect on our qual ity of li fe At most times of the day and
evening , kids will be hanging out (essentially doing nothing) in our neiglt)ort,ood. lnev!lably, they are smoking. (As
someone whose life so far has been dedicated to helping kids . this alone awall s me-Unless a medcal doctor has
prescnbed smoking for these kids , they should never be allowed to do something illega l, harmfu l. and ultimately
deadly ... throughout the entire day, no less.) Much of our neighbomood (1 ncludng my front yard and li ving roorn rt my
front windows are open) often smells of smoke due to the large number of kids who spend a large nu mber of hours
smoking out on our street
Much of the time . the kids are swearing ano'or yelling . If I'm outside my house . or 1f I have my windows open , I have to
be prepared to hear a lot of profanely and vuganties . Though I hear these words elsewhere. I do not thmk I should
have to hear them regularly at home. I have often been errbarrassed m front of guests at my home because of this
To make matters worse , not once have I witnesseo'heard a counselor even acknowledge a kid 's sweanng , much less
reprimand him or her for it.
To a lesser extent , I am bothered by the constant intimidation . litter and park ing proolems in our neighborhood as a
drect result of this gf0l4) home . This past weekend . a fnend of mine c:orrl)laned he had trolille aivmg to the end of
my street because a few guys from the home refused to st~ walking down the m,dde of the street. These situabons
and problems are constant
My other ~aint has to do with the occasional ·ma1or' dlsturtlances , hke physical fights or near fights . Last week .
four guys were squaring off in the street drectly 1n front of my house. They were yellin!>'sweanng at eachother as I
watched for a eotpe of minutes I finaffy walked to the group home , only to find two counselors standng 1n the yard
When I asked who was 1n charge of the boys , they replied , We are Sorry about the noise • They dearly had no
control over the situation . I have witnessed a nurrber of situations like this , and rarely have I seen a counselor
respond in a way that showed me he/she had any training.
As a school counselor, I believe I have a good understandng of kids . Based on my observabons of the Community
Cares group home , this facility is not serving these kids weU , and it is certainly not serving our community well . I am
concerned for these kids , but I am also concerned for my neighbomood and myself . According to a Denver Post
reporter , out of Englewood's 19 group homes , South Corona 's home has accounted for 124 out of the past 171 group
home-related police calls. This stabsbc is even more anazing when you consider the fact that few (rt any ) of these
calls have been from my neighbors or myself because we're afraid of retaliation .
Based on our neighbortlood's ongomg proolems over the past few years , I woud ask that you consider finding a more
appr~riate location for this facil ity : a location with more room for the kids (e .g. a yard large enough to play on rather
than the midde of our street). more activities available , a setup that allows easier and tighter superv1sion , etc . If this 1s
not possible , please do everything in your power to i"l)(ove the situation . We only want to enjoy the same freedom
and safety as our fellow Englewood residents .
Sincerely,
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Brian Duyst
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POLICE
REPORTS
Postal worker
accused
of taking money
from mail
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A .;5 .>ear·old veteran
postal lcrk a1 the En gle-.ood
Pos t Office -.a , arrested and ,
<>n M o nda) c harged ,n lJn 1ted
States D 1str1 c 1 Co urt 10 Dcn,cr
of embezzling ma ll and ,teal·
1n g from 1ts co nten ts
The s us pect worked a t the
po,t o ffi ce at 915 W L<1gh
Ave Sine~ early th ts sprin~.
local postal custo me r, ha ve
o mpla ined abo ut letters not
rec ei ved In m,d .June , an
Aurora co n venience sto re
c lerk reported seeing a man
later identified a s the s u s pe cl
dump a bag ,n a trash co ntain ·
e r. The clerk checked and
fo und greeting cards and pack ·
ages in the bag and reported
her findings to postal authori ·
lie s .
On Friday, postal i nspec t o r,
set up a sting. puttin g S25 and
a radi o transmitler 1n a card
and dropped the c ard int o a
matlbox a t the post office
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LAw & ORDER
l:ai l) 1hJ1 d tt ern o\Hl . 1h r ,u!:l-
pe ,1 report ed!) emptied th e
m .u I h11, Th l· mJ1 I fro m the-
bu , \\ ta, p ut on J truck headed
!ru m lhl" ·t'ntrJ I ~tatt o n hut the
,u,pt.~i..·1 .1p p :.irt·n1 !) J..,.:pt th<."
L.,HJ
~\u:o rd1ng t u thl' repo rt. tht:
,u ,pr rt "L'Ot to l un c h and
po,li.d in:,pect o r !-1 reported the
r .1d1 0 transm11 1er lei them
l..n u v. 1he c .srJ h.sd been
\t pen c:d Thr) arre:,ted the s u :,-
pe,·1 Jnd . in>idr h!S va n . the>
fo und 1he rad1 o·equ1pped card.
the mo ney a nd 25 o ther piec e s
o f mail
If hr i, con victe d of the
c harges . he co uld go to pris o n
io r up to fiv e yea rs and be
fined up to $250 .000 .
• Anon -A 16-year-old
-.•as arrested for allegedly set ·
t ing a fire in his bedroom at a
Juvenile group home in the
3500 block of South Corona
Street.
Counselors 11 the
Community Cares location
reported a fire about 10:30
a .m . Monday.drua the 1mol·
dering mattress. beddina and
clothes into the alley and put
out the fire .
The suspect told a witness
because he was upset about the
· fact his father paned away
about a month 110, he used a
cigarette liahter to set the bed-
ding and clothes on fire .
Police arrested the suspect
and he was taken to the Foote
Juvenile Detention Center in
Ara pahoe Count y
He co uld face c harge s of
first·de gree arson .
Robbery Poli c e
1racked Un" n a nd ctrre:,tt d t hl·
"o u Id· be ro bber "h o tried
un,u c.·c t',,ful l~ a, t:t l,..l· the..·
m one) tro rn the ca:ih rt..·g1,tl'I
al the !)t'J"\ I 't' :,tal HH\ Ill th e..·
~600 bl ue ~ u l '"'"'
Bro adv,J)
The J3-~ Cd r -u ld "u ,pt'1.:
c amr 101 0 the :,ta t 1on <ibuu1 :'.
pm Frida). pushe d th,· n(I
) car -o ld c lt'rl,.. d o " n t l, g.et t o
1hc.· 1.J,h r eg1 :,1~r bu1 \'-l tnc.·,,c ,
c ha:,cJ him o u1 ,.i t th t' ,tort·
be io re he co uld get th e mu ne,
The lerk suffe red " k ne,·
1nJ uri ,n the ro bber } attempt
\.\'1tne:,..,e :, call ed p o li ce and
officer s arrested the s u:,pe ct
hiding in d :,tairw cll in 1h c:
4 600 bl oc ~ o f S o uth Acum,1
Street.
He wa s arres ted and taken
to Arapahoe Count) Ja il ·H e
c ould face cha rge o f agg ra ·
vated ro bber}. burg lal\ .nJ
assault o n an at-r1S1k c1d ul1
• Dru1 arrest -Officer ,
found about two p o und s 0 1
suspected manJuana during J
r11d on a h o use 1n 1he .; I OU
block of South F o , Strert
Agent s o f the So uth Met ro
Drug Task Force got the "at
r11n1 for the search and mem ·
ben of Englewood Spe ,a l
Weap o ns and Tac ti c; Tram
forced o pen the doo r fo r oifl .
cers .
During the search , one 0 1
the SMDTF agent, fo un d •
grocer y bag containing l
pounds o f marijuana The S 1.
year·old ow ner of the hu u,c
wa s arre s ted and fa c e-~ a num -
ber of 1.'.h arge~ relat ed tu thi:
dis covery of the mariJuan~
Englewood He~~lJ
Se pt 3. 1999 V ec l 9 !ssc.e 4 75 cents
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ARAPAHOE
BOULDER
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SUBURBS
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1 ueso aY: Septemoe, 7, 1999
DOI GI.AS
.I tFFERS( >'-'
Rowdy teens anger neighbors
By Ginny McK1bben
Denver Post Stefl Wnlet
ENGLEWOOD -A group of exas-
perated Englewood residents plans lo
march on city b11II today to protest go-
ings-0n at a teen group home in their
neighbor hood near Swedish Medical
Center
Teens who liv t> at the home cause a
nuisance by smoking . swearing and
fighting tn tilt' street . and vandalizin~
nearby propert y, th<' rPsidents say
"I am pretty s ick of it myse lf." said
Brian Oyu st . a school co un sPlor wh o
lives down the block from th<' home "It
ha s definitely had a negative impart on
the quality of lif e I don't "'anl to in ,•ttt '
my friend s over hecau!«' th r teens are
ye llin ~ and swearing and l he s moke
smell , 111si dP th e house I thtnk so m,·
thing n~t·d s to ht ' done ..
"Wr 14·a n1 to wt• II t ht'ff' <'~n lit ~un,
k111d of n·so lu1 iun .. ,~1d Dc1 v.n Davi~
Group .home sparks complaints
who spearheasled a plan to air co m-
plaints about the group borne
The home, an operation of Co mmun,.
ty Cares Co rp ., houses about 20 mental ·
ly ill patients in the J~OO bl ock of So uth
Co rona Street
llavis and he r neighbors say they
teens see m to have little supervision
and few activities lo keep them busy
Inste ad . they smok e. litter . ch uck rocks
at cars -even ca mp oul in ne ig hbo rs '
yards
Davi s said she ha s little hope that the
fa cilit y will move out of her neighbor -
hood because of federal law s lhal pro-
l('('l housi ng for 1hr disabled . But she
w1 she~ the l'it\' ,·ould make the the kids
and th,•tr l'lg arr11r, mov,• bark onto thr
~rou p ho me, grou nd ,
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"They are s upposed lo be learning
how lo function in society ," she said
"But they don't even pick up their litter
or ci garettes "
The Community Cares far1ltt y oper -
ates a treatment program aim ed al
children and adolescents afflt rted with
one or more mental illnao;es but wilh -
oul a history of violence . II is o"·ned
and operated by Dr Louis Bruno and
Debra Bruno Louis Bruno is exe<·ut ive
director of Communit y fa res Co rp
Paul Schmitz. a spokesman for Com-
mu nit y Ca res . dec lin ed to com ment
Bruno co uld not be reac hed
Bruno own s two othn gro up homes in
l::nglewood . rn thr 3000 block of So uth
Sherman Stn•<t Those horn <', ~arn,·d
a1tent1on tn .Jul y "'hell 18-yea r-olcf Bob -
e.rt Sandoval . a mentally 111 Co mmun ity .
Cares resident , died in a sta ndoff with '
Englewood police
Englewood Cit y Co uncil members ex -.
press fru stration that the r 1ty ha s littl e
control over group hom es or where the y
ran he pla<·rd Engle "ood police bav e
been call ed 124 times to the Co ron a
Stre.>I facili ty since tt Opt'ned rn Apr il
1996
Councilw oman Bev e rly Bradshaw '
said that th e home on Sout h Co rona
Street arro unte<l for 83 percent of th r '
poli ce rails at th e r1 ty' 19 gro up
home . "To me. (ti 1s ) a nu1 sanc-e .''
Br adshaw sa id
For the first time . the r ttv ,s attem pt ·'
mg to ftnd a "'"l' to re~ulate group "
horn rs Thr ro un r1l will re\'1e" a nrw
or rlrn ancr th at "ould requ ire rrgistra
ti on of grouJI hom,·!-i. C'la sMh tlwm by
s1zt• and JHlrl K'''' ~m,f rt~,;;;tnct 1hr11 loca
11011 by 100!111,!
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PROCLAMATION
WHEREAS , it is the privilege and duty of all Americans to Commemorate the
ANNIVERSARY of the SIGNING OF THE CONSTITUTION OF THE UNITED STATES
OF AMERICA with appropriste ceremonies and activities; and
WHEREAS, the independence guaranteed to American citizens, whether by birth or
naturalization, should be celebrated by appropriate ceremonies and activities during
Constitution Week, September 17 through 23 , as designated by proclamation of the
President of the United States of America in accordance with Public Law 915 :
NOW THEREFORE, I, Thomas J. Burns. Mayor of the City of Englewood. Colorado.
hereby proclaim the week of September l i through September 23, 1999 as :
CONSTITUTION WEEK
and urge all citizens of Englewood, Colorado to study the Constitution and reflect on the
privilege of being an American with all the rights and responsibilities which that privilege
involves.
GIVEN under my hand and seal this 7th day of September, 1999 .
Thomas J . Burns, Ma yo r
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Printed on Recycled F'aper . @?'
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PROCLA:\L\TIO:,.J
WHEREAS , the pro blems cr e ated by illite racy affect a ll Engle wood re sidents through
lower productivity and higher social costs: and
WHEREAS . ProJect Learn . Emily Gnffith Opporturuty Sch oo l. The Denver Indian
Center, the Adult Learrung Source a nd others help Metro Area residents become informe d
participants in the democratic proce ss: and
WHEREAS . the tireless efforts of many loc al group s including t he Co lorado Sta t e
Daughters of the Amencan Revolutio n have co ntri buted to the s ucce ss of literacy program s
through voluntarism : a nd
WHEREAS . voluntee r s m t he m etr o a rea ha\'e e na bl e d m a n y r es ide nts to r each t heir
goals by proV1ding fre e classes a nd t utoring fo r the GED . literacy a nd Engli sh as a seco n d
language; a nd
WHEREAS , commuruty progra in s throughout o ur :,../a t1 on a r e obse rvin g Sep t e m be r as
National Literacy :\llonth;
NOW THEREFORE, I . Thomas J . Burns, Mayor of the Ci t y of Engle woo d . Co lor a d o.
hereby proclaim the month of September, 1999 as :
LITERACY MONTH
in the City of Engle woo d . Color a do . I urge a ll of our citize ns t o co n s ide r beco ming vol unte e r
tutors in a literacy program .
GIVEN under my hand and seal this 7th day of Se pte mbe r . 1999 .
Thom as J . Burns. '.\-la yo r
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F nn1 e-u .;n .R ecycled P aper .-=-~
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August 12. 1999
TO : Austin Gomes Chairman
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Steve Mark-wood
1069 S Osceoia St
Denver , Colorado 80219
City or Englewood Parks
And Recreation Commission
Cc : Jerrell Black
Subject: Resignation
Dear Austin :
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AUG 2 6 1999
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It is with deep regret that I tender my resignauon as a Conunissioner for the City of Englewood Parks and
Recreation Conunission elfccti\'e August 12. 1999 . Since I have relocated outside of the city of
Englewood I feel it would be in the best interest of the Commission to replace me ,iith an Englewood
resident.
I would like to thank you for the honor and the pleasure of SCr\ing with you and the other Conunissioners
these past years .
SteYe Markwood
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CITY OF ENGLEWOOD
AGENDA ITEM I (a)
PUBLIC HEARING ROSTER
DATE: September 7, 1111
'
PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL
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PLEASE PRINT
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PROOF OF PUBLICATION
THE
ENGLEWOOD HERALD
STATE OF COLORADO
COUNTY OF ARAPAHOE
ss
I, T1lomn E. Spargur, do eolemnly
-that I am the PllbllallS of the
Englewood Benld
and that the -la a WNldy MWIPB-
per publilh8d in the city of Ulllelon in
the County of AnpallN, .... al
Colorado. and hill a glNIIII c:ircu1a11or1
lher9in; that said MWlp8per ha bea'I
publlahed continuoully and ~-
edly in said County al AnlplllN for a
period of men than 52 WNlla prior to
the first publication of Ille annexed
nollce; that Mid MWlpllpllr la arur9d in
Ille Poet Office of LJlllalDn, Colorado,
u 5-ld Cius Mail ma111r and that
the said ,-epaper la a MWll)8l)el'
wlNn the fflNl1ing of the act of the
General Asaembly of the State of
Colorado, approved March 30, 1923,
and entitled ·Legal Nollc:N and
AdvWIINmenta" and other acts ralal·
Ing ID the printing and plMlhing of legal
nolice8 and WU publilhed in the regular
and antir8 iaaUN of said MWIPIIP«,
once each WNk, on the -day of
each weak, for a period of
_Lconaecuttve 1..-tlonl and that
the first publication of said notice WU in
the~ of said~ dated ~ v/Arm
The laat publication of said notice WU in
the iaaue of said newapapar dated
SWlcrl,ad and sworn to before d:..,
me, a Nolary Publlc, lhisr::Z<"P day
t,ll '·,,,c. .. .. ..
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;:-.. MWIG Da1IIICT NO. ..
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· CCI 01W10: .u9'111MNQ ,-, • i
· ·• CONPWailll 1111 · ""'°"II! lmlT OF 1P11 COIT
'IQ UICII LOT OIi TUCT OI' UIND
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UICII LOT OIi TUCT OI' UND;
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·. MYaan' OP 1111 ll I 5 I ITS. •
tc....a•No.lZI ....................
................ Nlllc .............................
llir .. Cir CIIIII 11r 1:00 p.a •
WI I 7, 1-. ...,_.
.................. Pulllc
........ .., ..... CIIJ a.11'1 --...---. .. ...... ......,,._,,1 .• , .... ..
..................... door.
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~A.-.,CIICIAM
CllrCIIIII ca,a," .. .. -...... ..... I &I ,,.COll111 ._..... __ _ .............. _
My Comm,s~ion Expi ro s 07/25/2~C2
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CITY OF ENGLEWOOD
PAVING DISTRICT NO. 38
ASSESSMENTS
PUBLIC HEARING
SEPTEMBER 7, 1999
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Public Works Department
Ken Ross , Director of Public Works 762-2500
Rick Kahm , Engineering Manager 762-2503
Paul Kapaun , Field Operations Administrator 762-2504
Neighborhood & Business Development
Janet Grimmett , Finance Specialist
(Deferral Program)
762-2349
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PROPOSED SCHEDULE FOR COMPLETION OF
PAVING DISTRICT NO. 38
Monday, August 16, 1999
Friday , August 20 , 1999
Friday , August 27, 1999
Friday, September 3, 1999
Tuesday, September 7, 1999
Monday, September 20, 1999
Friday, September 24, 1999
Monday, October 25 , 1999
Monday, November 8, 1999
Wednesday, November 10, 1999
Monday, November 15, 1999
January l, 2000
PDSChed
7/14/99
Bill for ordinance assessing costs and calling for
public hearing .
Bill for ordinance with list of assessments published
first time ; l 51 publication of public hearing; notice
of deferred assessment plan ; mail no rices of
assessments and public hearing; include deferred
assessment plan in letter.
Second publication of public hearing.
Third publications of public hearing; last day for
written protests .
Public bearing on assessments.
Consider ordinance on final reading .
Publish as an ordinance, by title.
Ordinance in full force and effect.
Last day for 5% discount to be allowed on full or
partial payment. Deadline : 5 :00 p .m.
Last day for payment to be accepted at City Hall.
Cenify assessment roll to Arapahoe County for
collection.
First payment due (payable with property taxes).
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PAVING DISTRICT 38
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() 1400-1500 W. Thocas Ave:::::
0 4600 S. 3eve:-Iy Drive
0 4600 S. ~::i Street
0 3400 S. E::i:=son S.:-e:t
0 4300-4500 S. Wmd::::i::-e S::::t
Q 1000-1500 W. ?r:::tic: Ave:.;;:
0 300 \V . J:::::sc:: Av:::;;:
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l'uhllc: Hoarinu Cily ol Englowood September 7 . 1999
PAVING SECTIONS FOR PD1130
\-ti.5'-1
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bYL-=~J llndc lill Av e 1111 u
4" Monolilhlc
(V C,\:G ,w/a11adied 4' Walk)
40' Wide· $49.67 to $50.00 F .F. Per Side (Paving Only)
(Estimated $52.00)
I
l-ti.5' -I ENGLEWOOD J, LITTLETON
4" Monolllhic
,., ... ~"~.lrA....-:".' I Gs3t =' 4"' Monolllhlc -------------.,_r------------=
Width Varies -$18.02 F.F. Per Sida (Paving Only) Cf
(Estimated $27 .00) I
l-6.s'-{
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4• M on o hlhu : 32' Wide· $31 .53 F.F. Per Side (Paving Only)
(Estimated $33.00)
,r MtNIOlithic:
Stanford Av enu e
P rn nl i ce Ave111 w
E 111m son S trn o l
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PAVING SECTIONS FOR 1'D#30
1-t.5~1
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"" VC&Uonly
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I-,1'-l
31' Wide· $37.26 F.F. Per Side (Paving Only)
(Estimated $39.00)
4• MuooNlhlc
(VC&.U \Y/nllnrhc,14' Wnlk)
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o· ••11,1a1 v-ran 24' Wide. $32.52 F.F. Per Side (Paving Only)
(Estimated $34.00)
1----------24'---------f
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u• Concrele Street Paving
24' Wide· $88.83 F.F. Per Side (Paving Only)
(Estimated $88.00)
o• • ..,.,,.,,., v -1•1111
o• 1111ck
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W i11d e1111e 11! :..;1111,11
Uuvm ly U, ivu
lia1du 11 0lluu1
·11,u111a s l\vu11uu
Jullurnun l\vunuu
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TYPICAL CONCRETE SECTIONS
PER RUNNING LINEAL FOOT
4' SPECIAL INPV$IRIAL Y-PAN
Area= 6 .5 SF /LF
Const. 4 • Sidewalk 4 • thick S 1 7 .43 /LF
Estimated S20 .00/LF
Const 4' Sidewalk 6" thick S20 .64 /LF
Estimated S22 .00/LF
Const. Monol ithic 4" thick $43 .57/LF
Estimated $46.00/LF
Const. Monolith ic 6" thick $48 .15/LF
Estim ated SS 1.00/LF
Const. VC&G S20 .64/LF
Est imated S22 .00/LF
Const.,. V-Pan e· tlliCI< s21 .,1/LF
Estimated $23 .50/LF
-other factors affecting cost, which are net included in the prices above are:
Concrete Sawing and Removal & Replacement cf Asphalt
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August 27, 1999
Frank Gryglewicz, Director
Financial Services, City of Englewood
3400 S Elati St
Englewood, CO 80110-2903
Mr. Gryglewicz:
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Enclosed find photocopies of two letters dated August 20, 1999,
recently sent from your office in regards to assessment for street
improvements.
Why two letters and which is the accurate one I am to heed? They
appear identical except for the amount of money you want. I protest
two assessments for one street improvement project .
In future correspondence, please spell my name correctly .
Sincerely,
Mll(red G Harr
1480 W Thomas Av
Englewood, CO 80110
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August 20. 1999
City of Englewood
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3400 S . Eiat, Strffl
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Mildred G. & Mary S. Harr
6118 S. Elizabeth St.
Unletoa, CO 80122
Englewood. ColoradO 80110.23C
Pnone (303) 762-2300
(303) 7152·2301
FAX (303) 78~ 11 25
Dear Property Owner :
The assessment roi.! for Paving Distnct No . 38 1s now on file in the Office of the Director ofFmancial Services at 3400
Soulh EIMi Sireet. .Englewood. Colondo. According to the ~ssessment roil. the amount assessed against the tollowmg
described property. whach )'OU are listed as o,,,ning 1s Sl.173.14 for stTect 1mpro,ements at :
SitllS address : 1411 W. THOMAS AVE.
Lqal dcsmpoon: LOT 6 BLK? BELL ISLE GARDEl'S 3RD FLG
Tax Schedule l',;o .. 1877-09-1-23-005 (Please include this :1umber with all payments.)
A public bearing on !he USCS$1mnts affecting all concerned propemes will be held on Tuesday, September 7. 1999 at
7:30 p.m. in the Council Chambers m City Hall at 3400 So uth E!ati Srreer. (Sec details legally advemsed in the
Enalewood Herald on Augu.st 20'", August 27", and September 3") Wnnen protests will be received up to 5:00 p.m .
Friday, September 3, 1999 in the Office oithe Director ofhaancial Services and w ill be considered at the Tuesday .
Septiember 7"' meeun11 .
lfany portion of the usessment is paid prior to 5:00 p.m. Monday. !sovember 8. 1999, a five percent (5%) discount on
that pomon will be allowed. Paymeats may be made in person. or mailed to. tbe Central Casbierin& office at City
Hall. 3400 South Eh1d Street, Eactewood, Colorado. 80110. Please be sure to write your Tall Sebedule So. on
yov c:beck. Aay part of tbe assessment not paid by Scprcmbc:r I 0, 1999 will be certifi,:d to the Arapahoe Counry
Treasurer for co ll e.:uon by his office durmg the next ten ( 10) years in annual princ1pal payments, plus 7 .0% interest on
the unpaid billance . Such payments wall be due on January 1. 2000 for the first year. and January I of each succeeding
year. The 2000 paymeat will aot include intere st. although subsequent years· payments w ill .
A Special Assessment Deferral Program 1s a·,aa.Jable ro ehgablc citizens tn Paving Dastnct No . 38 . Some of the
eiigibilny requirements concern age, disability . in~ome and assets . Appii:;ations must bt: submineu nu ia,tc:1 utau
October 8. 1999 Please contact Janet Grimmcn ar 762-2349 for further mformauon on the Deferral Program .
If you have an} questiom about your assessment, please coutact the Public Works Department at 762-2500 .
Sincerely, -~-----------~ -... ....
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Frank Grygiewacz, Director
Financial Services
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August 20 . !999
City of Englewood
Mildred G. & )lary S. Barr
6818 S. Elwbeth St.
Llldetoa. CO 80122
Dear Properry Owner:
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3400 S Elat1 St,-et
Eng 1ewooa . ColOrado 801, L 130>
P~one (303) 762 -2300
(303 ) 762 -230 1
FAX (303) ;99. '25
The assessment roll for Paving Disrnct No . 38 ,snow ,m li le m the Office .:if the Director ofFm:rnc,al ,erv,ces at 3400
Soutl.I:iat Su-eel, ~uih:wood. C\llora<lv . Ai.:cur.:lin~ 1u J.,c .1sscssment ruli, tht amowlt assessed aga..nst the following
described property, which you are li sted as owning ,s "53.235.!-' for sne,c,: improvements at :
Suus address : 1480 W. THOMAS AVE.
Legill dncnption: LOT 6 BLK 2 BELL ISLE GARDE:-.S 3RD FLG
Tax Schedule :,.;o .. 2077-09-1-23-00! (Pkase inclu,ic :his number ,.,th all payments )
A public hearina on :he assessm<'nts affecting all concecn.:,d propemes w,il be held on fuesday. September 7 . 1999 at
7 :30 p.m . t11 the Cowie.I Chambers in City Hall at 3400 South Elau Street. (See deml.s legally 3dverused m the
Englewood Herald on August 20 .. , August 27", and Sq:,t<'mb<'r 3"') Wnuen protests will be received up to 5 :00 p .m .
Friciay, September 3, !999 ,n the Office of the Director ..>f Fmanc1al Ser\'h:es and wi ll be considered at lhe Tuesday,
September .,... meeting.
If any pon1on of the assessment is paid prior to 5 :00 p .m . Monday. :,.;ove:nber S, 1999 , a five pcrcen1 (5%) discount <ln
lhat portion will be ;11lowed. Payments may be made in penon, or mailed to. tbc Central Cashierin& office at Cit~
HaO, 3400 South Elati Sh·eet, Enclewood, Colorado. 80110 . Please be sure to write your Tu Schedule ~o. on
your check. Any pait of the assessment not paid by September 10 , 1999 "''11 be cernfied to the Arapahoe County
Treasurer for collection by bis oilice during the next ten t l 0) years in ar.nual pnnc,pal payments, plus 7 .0% interest 0 11
the W1pa1d balance. Sllch payments will be due on Januar) l, :coo ior the rirst year , and January I of each succeedir.g
year. The 2000 payment will not mclude mterest although subsequent years ' payments will .
A Spec ial Assessmen1 Deferral Program 1s avai lable to d 1g1bl e mzens in Paving District l\o . 38. Some of the
~H;iJ:.?.Ht~/ req~fr'eme~:: concern ::ge. dfa;;::ihr:;. :r.~~:7.:: ;t.,.d :is.::s. Ae:,p lkanons must be s.ibntitt~d ,~v l~tc:i tl ,ta&J
October 8. !999. Pleuc contact Janet Gnmmen a1 762 -2349 for fu rther informanon on the D<'ferral Program.
If you have any qutsllons about your auessment . please contact the Public Works Department at 762-2~ .
Sincerely, -·..:-------------.~-;-:
Frank Gryglew· cz , Director
Financial Serv ,.::es
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ROSETTA ANGLE
801 E. DOGWOOD AVE.
LITTLETON, CO 80121
AUGUST 25, 1999
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OFFICE OF THE DIRECTOR OF FINANCIAL SERVICES
3400 S. ELATI ST.
ENGLEWOOD, CO 80110
ATTENTION: FRANK GRYGLEWICZ, DIRECTOR
RE: PAVING DISTRICT NO. 38
ADDRESS: 4450 S. WINDERMERE ST.
LEGAL DESCRIPTION: LOT 3-10 BLK-ANGLE SUB
TAX SCHEDULE#: 2077-09-1-26-002
DEAR MR. GRYGLEWICZ:
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IN REGARDS TO THE NOTICE I RECEIVED ON PAYMENT, I WISH TO PROTEST
THIS FOR THE REASON LISTED BELOW:
THE CITY OF ENGLEWOOD HAS POSTPONED THE PAVING AND IMPROVEMENTS
ALONG WINDERMERE AS THEY HAVE BEEN WORKING WITH THE LIGHT RAIL
PROJECT AND PUBLIC SERVICE. THEREFORE, NOTHING HAS BEEN DONE ALONG
MY PROPERTY AT THIS TIME.
I HAVE NO PROBLEM REGARDING PAYING THIS ONCE THE WORK GETS DONE,
BUT I DON'T FEEL I SHOULD HAVE TO PAY BY SEPTEMBER 10, 1999.
THE AMOUNT I WILL OWE IS $32,560.60 AND I WOULD LIKE TO BE GIVEN
THE OPTION OF THE 5% DISCOUNT AS EXPLAINED IN THE LETTER I RECEIVED
AUGUST 20, 1999 ALLOWING ME 2 MONTHS FOR THE DISCOUNT.
I ASK THAT THIS DOESN'T GO TO THE ARAPAHOE COUNTY TREASURER FOR
COLLECTION IF NOT PAID BY SEPTEMBER 10, 1999.
PLEASE ADVISE.
SINCERELY, q:::ir
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Wayne J. Knowles and James A. Dindo
4610 South Windermere
Englewood, CO 80110-5543
August 23 , 1999
Mr. Frank Gryglewicz
Director of Financial Services
City of Englewood
3400 South Elati Street
Englewood , CO 80110-2304
Re : Protest of Asse ssment
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Tax Schedule # 2077-09 -1-23-015
4610 Sou t h Windermere
Dear Mr. Gryglewicz :
We hereby protest the assessment of the $2 ,267 .66 for street improvements against our
property for the following reasons :
During 1996 , our sidewalk was replaced to your specifications at a cost to us of
approximately $8 ,000.
We had no say in detennining that the improvements would be installed . It seems
to us that a special assessment requires the prior approval of the property owners
who would be given complete estimates of the costs beforehand .
The road construction/improvement is a major city street and is extensi vely used
by the general public . As a major city street the cost should be spread over the
entire populace and be built using general construction funds and not special
assessment funds. This is particularly true considering that we were not allowed to
vote to approve/disapprove the special assessment .
We have had no accounting of the funds spent given to us .
During the construction phase, which was prolonged by errors on the city's and
the contractors parts, our initial estimate is that we lost a minimum of$22,000 in
business .
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Let us know in your response to this protest what your authority is that allows you to levy
this assessment? Did the State of Colorado pay for any of the improvements to
Windermere Street as an alternative route around the construction on Santa fe? lf so ,
were those funds taken into consideration in computing the assessment?
Sincerely ,
~.~a.\)~ 0 James A Dindo
~:r~
Wayne I. Knowles
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60110+2::-04 11 .. ,.11 ...... 11 ... 1111,, ... 1.1 .. 11. 11 .... , .. 111 ... 11 ...... 111
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CORRECTIO
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Wayne J. Knowles and James A. Dindo
4610 South Windermere
Englewood, CO 80110-5543
Au gust 23 , 1999
Mr Frank Gryglewicz
Director of Financial Services
City of Englewood
3400 South Elati Street
Englewood , CO 80110-2304
Re : Protest of Assessment
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Tax Schedule # 2077-09-1-23-0JS
4610 South Windermere
Dear Mr . Gryglewicz :
We hereby protest the assessment of the $2,267 .66 for street improvements against our
property for the following reasons:
During 1996 , our sidewalk was replaced to your specifications at a cost to us of
approximately $8,000 .
We had no say in detennining that the improvements would be installed . It seems
to us that a special assessment requires the prior approval of the property owners
who would be given complete estimates of the costs beforehand .
The road construction/improvement is a major city street and is extensively used
by the general public . As a major city street the cost should be spread over the
entire populace and be built using general construction funds and not special
assessment funds . This is particularly true considering that we were not allowed to
vote to approve/disapprove the special assessment .
We have had no accounting of the funds spent given to us .
During the construction phase, which was prolonged by errors on the city 's and
the contractors parts, our initial estimate is that we lost a minimum of$22,000 in
business .
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Let us know in your response to this protest what your authority is that allows you to le vy
this assessment? Did the State of Colorado pay for any of the improvements to
Windermere Street as an alternative route around the construction on Santa Fe? If so .
were those funds taken into consideration in computing the assessment?
Sincerely,
~.~a-~~ 0 James A Dindo
+:r~
Wayne J. Knowles
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ORDINANCE NO .
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 52
INTROD UC ED BY CO NCIL
MEMBER~~~~~~-
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
WITHIN PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD. CO LORADO :
APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT
OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COS T AGAINST
EACH LOT OR TRACT OF LAND ; AND PRESCRIBING THE MANNER FOR THE
COLLECTION AND PAYMENT OF THE ASSESSMENTS .
WHEREAS . by Ordinance No . 34. Series of 1997, passed on final reading on May 19, 1997.
the City Council of the City of Englewood , Colorado, has created Paving Di s trict No . 38. w1tlun
the City for the purpose of constructing and installing paving, curb . gutter, a nd sidewalk
improvements, together with necessary incidentals on a ce rtain street within the Dis trict: a nd
WHEREAS , the Englewood City Council approved Ordinance :-Jo . 54. Series of 1998.
passed on final reading on August 17 , 1998, which amended Paving Di strict No. 38, within
the City of Englewood ; and
WHEREAS, the improvements authorized by said Ordinances have been started and are
anticipated to be completed in 1999. and the total cost of such improye ments have been
reliably ascertained : and
WHEREAS . an assessment roll has been prepared and a statement s howi ng 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
wluch amount $735,534 .43 . is being assessed against the real property within the Di strict:
and
WHEREAS, the City Council has apportioned a s hare of the total costs to each lot or t r act
of land within the District, in accordance with the benefits to be derived by s aid 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 CO UNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Sectjon 1. Confirmatjon of Assessment Roll. The apportionment of the assessments is
hereby approved and confirmed. Said apportionment is hereby declared to be in accordance
with the special benefits which the real property in the District 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 "Exhibit A".
Sectjon 2. Payment of Assessments . 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
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with Section ll-2-7(C) of the Englewood Municipal Code ; provided tha t a ll s uch assessme nts
may be paid , at the e le ction of the property owner, in installments. with in terest as
herei nafter set forth . An allowance of 5% s hall be made on ail payments of assess me nts
made on or before November 8 , 1999 , but not thereafter.
Failure to pay the whole assessment on or before November 10 , 1999 . s hall be
co nclusively co nsidered and held an election on the part of ail persons inter ested. wh ethe r
under disability or otherwise, to pay in installments. Additionally , s uch e le ction s hall be
conclusively considered to be a waiver of any right to question the p ower or jurisdiction of the
City to construct the improvements, the quality of the work , the regularity or s ufficiency of the
proceedings, the validity or the correctness of the assessments. or the validity of the lien
thereof.
In the event of an e lection to pay in installments . the assessme nts s h a ll be paya bl e a t
the office of the County Treasurer of Arapahoe County, Co lor ado. m ten (10 ) eq u a l a nnual
installments of principal, the first of such installments of prmc1pal s hall be due and payable
on or before the 1st day of January 2000. The r e mainder of the m s tailments s hall be due a nd
payable successively on or before the 1st day of January m each year thereafter until paid in
full . The tenth and last installment shall be due and payab le on January l , 2009. Interes t
on the unpaid principal amount shall be at the rate of seve n a nd one-half percent (7.5%) per
annum , commencing on the day following the first ins t all me nt due date , a nd payable each
year at the time of paying installments of assessments. The owne r of a ny property not in
default as to any installment or payment may , at a n y time . pay the whole of the unpaid
principal with accrued interest to the date of the next assessment installm e nt payment date .
Sectjon 3. Penalty for Default or Nonpayment . Failure to pay any installment,
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 accrued
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 to the date o f
the tax sale, the owner may pay the amount of all unpaid installments with interest at the
penalty rate of one percent (1 %) per month or fraction of a month , and all penalties and costs
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 .
Sectjon 4. Assessment Lien · Recordatjon . All assessments levied again st the real
property in the District, together with all interest thereon and penalties for default in pay me nt
thereof, and all costs in collecting the same , shall co nstitute. fr om 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 s hall have priority over all othe r li ens except general tax lie ns
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 filed 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 Jots or tracts of land , and copies of this Ordinance
shall also be filed with the County Treasurer and the County Assessor.
Section 5 Assessments Agajnst Divided or Subdivided Tracts . If any tract of real
property included within the District is hereafter divided or s ubdiV1ded 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 s uch 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.
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Section 6 Seyerabiljty . That if any one or more sections or parts of this Ordinance
s hall be adjudged unenforceable or invalid , such judgment shall not affect, impair, or
invalidate the remaining provisions of this Ordinance, it being the intention that the various
provisions hereof are severable.
Sectjon 7. Relww:.i:. All ordinances, or parts thereof. inconsistent or in conflict
herewith are hereby repealed to the extent only of such inconsistency or conflict.
Sectjon 8. lieatin&. 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 Puhljratjon and Effectjye Dat,e . 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 Pubhcat1on . Tlus
Ordinance shall become effective thirty (30) days after publication followmg final passage .
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
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DESCRIPTION OF PROPERTY
NAME AND ADDRESS
l 971-35-3-23-032
Columbia HealthOne LLC
4643 S. Ulster St. #1200
Denver, CO 80237-2853
l 971-35-3-23-033
Coleman. Barry F. & Coleman, William A.
6144 S. Krameria St.
Englewood. CO 8011 1424 1
l 9-l-35-3-23 -034
Craig Hospital
3425 S. Clarkson St.
Englewood. CO 80110-2811
l 97 1-35-3-23-03 7
Craig Hosp11al
3425 S. Clarkson St.
Englewood, CO 80110-2811
l 97 1-35-3-23-038
Craig Hospital
3425 S. Clarkson St.
Englewood. CO 80110-2811
l 9 7 1-35-3-24-001
Columbia HealthOne LLC
4643 S . L'lster St. #1200 • Denver, CO 8023 7-2853
l 97 1-35-3-24-009
Columbia HealthOne LLC
4643 S . L'lsu:r St. #1200 • Denver, CO 80 23 7-2853
1971-35-3 -24-012
Columbia HealthOne LLC
4643 S . Uls ter St. #1200
Denver, CO 8023 7-2853
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Lot Block SUBDIVISION
Evanston
25-30 45 Broadway
Addiuon
HAMPDEN A VEE85 l
Evanston
31-35 45 Broadway
Addition
E'.\1ERSO NSTS34 75
Evans ton
3640 45 Broadway
Addition
EMERS ONSTS3-+35
Evanston
,.5-43 45 Broadway
Addinon
El'vlERSONSTS340 I
Evanston
41-44 45 Broadway
Addinon
CLARKSONSTS3426
1-10 & Evanston
14' of 11 46 Broadway
Addiuon
EMERSO NSTS3444
S. 11' of 11 Evansto n
& 46 Broadway
12-2 0 , etc Addition
EMERS0NSTS3446
A Portion
of Lots 21-46
24 , etc .
HAMPDENA VEE955
Page 1 of 9
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t olal ASHSSmeat
11,511.94
3,941.15
3.941.15
3,152.92
3.152 .92
8.323.71
18,783.88
2.,895.~
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DE:SCRIPTION OF PROPERTY
NAME AND ADDRESS Loe Block SUBDMSION Tocal Asseuman
A Portion Evanston
ofLots 22-46 Broadway
l 97!-35-3-24-013 24, etc. Addition
Columbia HealthOne LLC EMERSONSTS3496
4643 S. Ulster St. #1200 s 2,872.97
Denver, CO 8023 7-2853
A Portion Evanston
ofLots 24, 46 Broadway
l 971-35-3-24-014 etc . Addition
Columbia HealthOne LLC EMERSONSTS3496
4643 S. Ulster St. #1200 s 731.10
Den ver, CO 80237-2853
23-24 5 Skemns Add
20 7i-03-2-02-0l l 2nd Fig . I
Jame s R. Sullivan CHEROKEESTS3610
3610 S. Cherokee St. s 1.093.98
Englewood. CO 80110-3526
25-26 5 Skemrts .\dd
2077 -03-2-02 -0 12 2nd Fig .
Fenden. Vance R. & Caterine E. Benson , IT
CHEROKEESTS3612
Ten s 1,367A8
3612 S. Cherokee St.
Eng lewood. CO 80110-3526
27-28 5 Skerrirts Add
20 i -03 -2 -0:-013 2nd Fig .
Gc:orge Yance y CHEROKEESTS36 20 .
395 0 S. Kalamath St . s 1.367A8
Eng lewood. CO 80110
29-30 5 Skerritts Add
20ii-03-2-02-0l~
2nd Fig .
Memll R., IT Ten CHEROKEESTS363 0
3630 S. Cherokee St. s 1,367.48
Englewood , CO 80110-3526 •
t 31-32 5 Skerrirts 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 .
Maxi::ie M. Molner & Linda L. Unger, IT Ten CHEROKEESTS3~2
3642 S. Cherokee St. s 3,009.25
Englewood, CO 80110-3526
Page 2 of 9
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DESCRIPTION OF PROPERTY
NA:\IE AND ADDP-.!SS L8c Bleck SUBDIVISION Joal."'-1
3,4,5 4 Skerritts Add
2077-0 3-2-14-017 2nd Fig.
Mike Lee Cooper JEFFERSON A VEW262
2115 W. Chenango Ave . Unit H $ 3,463.29
Linleton. CO 80120-1030
1,2 4 Skerritts Add
2077-03-2-14-018 2nd Fig.
John H. & Joyce Wise, IT Ten CHEROKEESTS3644
3105 S. Gilpin St. $ 3,432.31
Englewood. CO 80110-3 022
No PPI
t:ulmes Depanment
CITY DITCH 3-lOO S. Etan s 753.23
Englewood. CO 80110 NO ADDRESS
1-4 4 Skemrts Add
2077-03 -2-14-019 2nd Fig.
C orah lnterprize CHEROKEESTS3650
3361 E. Maplewood Ave $ 1.937.79 0
Linleton, CO 80120
unplarted
2077-09-1..00-00 I
Eagle Perfonnance LLC WINDER.'-'!EREST~300
4300 Windermere St. $ 26,059.55
Englewood. CO 80110-5539
unplarted
2077 -09-1-00 -080
John L. Cox RADCLIFFAVEWI401
• & Van Schaak Property Management
$ 16,591.99 7730 E. Be lleview Ave . #2 10
Englewood. CO 80111-2605
unplarted
20ii-09-I-00-035
Lone Star Pl ywood & Door Corporation WINDE~!ERESTS4460
425 Auline Dr. #200 $ 26,418.01
Coppell , TX 750 19-4608
unplatted
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2077-09-1..00-035
Lone Star Plywood & Door Corporation WINDERMERESTS4460
425 Airline Dr . #200 $ 39,442.07
Coppell. TX 75019-4608
Page 3 of 9
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'DESCRIPTION OF PROPERTY
NAME AND ADDRESS
2077-09-1-00-083
Windsor [ndustries. Inc .
1351 W . Stanford Ave.
Englewood. CO 80110-5533
2077-09-1-00-038
Windsor lndustnes, lnc .
135 1 W. Stanford Ave .
Englewood. CO 80110-5533
20 7i-09-l-00-041
Noyes & Lamb Lmuted Liability Company
4590 Winderemere St.
Englewood. CO 80110-5541
20 77 -09-1-00-081
Windsor lndustries , Inc .
1351 W. Stanford Ave .
Englewood. CO 80110-5533
20 77 -09-1-00-069
Toil ::Vlanagement LLC
4550 S. Windermere St.
Englewood, CO 80110
207i-09-l-00-069
Toil Management LLC
4550 S. Windermere St..
Englewood. CO 80110
2077-09-1-00-070
Windsor Industries, Inc .
1351 W . Stanford Ave .
Englewood. CO 80110-5533
20 77-09-1-00-082
Windsor Industries, Inc .
1351 W . Stanford Ave .
Englewood. CO 80110-5533
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Lot Block SUBDIVISION
unplatted
STANFORDAYEW1351
unplaned
STANFORDAYEWl301
unplaned
~ER.'-'!ERESTS~590
unp laned
RADCLIFFA YEW! 300
unplaned
~TIER.'-'!EREST~550
unplaned
\V~TIER.',,[EREST~550
unplaned
ST,U-IFORDA YEW 158 2
unplatted
NO ADDRESS
Page 4 of 9
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29,466.55
3,071.29
16.866.81
13 ,650.39
36.670.61
20,186.82
19,276.6'1
3,451.32
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DESCRIPTION OF PROPERTY
NAME AND ADDRESS
2077-09-1-00-074
DMH Properties LLC
1401 W. Stanford Ave.
Englewood. CO 80110
2077-09-1-00-075
Renaud Inc .
4390 Windermere St.
Englewood, CO 80110-5539
2077 -09-1-00-07 5
Renaud Inc .
4390 Windermere St.
Englewood, CO 80110-5539
20 7i-09-l-00-076
Renaud Inc .
4390 Windermere St.
Englewood. CO 80110-5539
2077 -09-1-16-00 7
Popish. James
66i0 Crcstbrook Dr.
Momson. CO 80465-2232
:!0 77 -09-1-16-008
Pop1sh , James
66 70 Cresrbrook Dr.
Monison , CO 80465-2232
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2077-09-1-16 -01 0
J YI & J Invesunents, Inc .
% Daniel F. Haney
1495 W. Thomas Ave .
• Englewood. CO 80110-55 77
2077-09-1-16-010
J M & J Invesunents, Inc .
% Daniel F. Haney
1495 W . Thomas Ave.
Englewood, CO 80110-5577
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Lot Block SUBDMSION
unplatted
STANFORDA VEW1401
unplatted
WlNDER."'1ERESTS4390
unplatted
W1NDERJ.\1ERESTS4 390
unplatted
NO ADDRESS
Bell Isle
3 1 Gardens
2nd Fig
TIJFTSA VEW1520
Bell Isle
2 l Gardens
2nd Fig
TUFTSA VEW1530
Bell Is le
5-8 1 Gardens
2nd Fig
THO!v!ASA VEW1515
Bell Isle
5-8 1 Gardens
2nd Fig
THOMASAVEWl515
Page 5 of 9
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TowAaessmau
s 16,837.57
s 25,508.83
s 5,529.99
s 8,353.95
s 1,326.90
s 217.52
s 21 ,623.66
I· 0
s 8,476.48
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DESCRIPTION OF PROPERTY
;,IAME .-\1'\ID ADDRESS Lot Block SUBDIVISION Tow Assessment
6 1 Bell Isle
207 7-09-1-16-0l l Gardens
Carl Weil TIJFTSAVEW1530
24 77 CR 132 s 3,576.65
Elizabeth . CO 80107
4 I Bell Isle
20 77-09-1-16-012 Gardens
Joe R. & Barbara A. Zylstra, IT Ten TIJFTSAVEWISIO
1510 1,V . Tuns Ave . s 1,805.19
Eng lewood. CO 80110-5538
Northern Bell Isle
half of I 2 Gardens
::o, -09-1-1--004 2nd Flg
Esta te of Ernest F . Hofer GA1WE:s1STS4 640
I Tarnarade Ct. s 2.439.58
Lmleton. CO 801.27-3596
Southern Bell ls le
half of I 2 Garde:i s
20 7i-09-l -li-005 2n d Flg
Charles C. Hane y GA1WENSTS4650 )
3322 W. Ak.sarben Ave . s 2,494.29
Lmleton. CO 80123-7924
Bell Isle
2 2 Gardens
20 ii-09 -I -l ~ -006 2nd F ig
Garden Lan e Warehouses GA1WE NSTS4654
4654 S. Garden Ln . s 3,638.98
En glewood. CO 80110-5548
Bell Isle
3 2 Gardens
20 ii-09-l -l i -015 2nd Fig
Harold Ausfahl , et al. GA1WENSTS4660
• 600 Watson ln. s 3,916.04
Lmleton . CO 80123-2902
Northern Bell Isle halfof 10 2 Gardens 20 77 -09-l -l i -02 2 &II
Antonio & Assunta Bo venzi. IT Ten TUFTSA VEWl470
21 l l S. Harlan St. s 6,774.13
Lakewood . CO 80227-361 i
Southern Bell Isle halfof JO 2
2077 -09-l-l 7-023 &11 Gardens
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Charles C. Haney THO~USA VEWl493
% Good Decal Co.
1495 W. Thomas Ave . s 6,642.28
Englewood, CO 80110-5577
Page 6 of 9
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DESCRIPTION OF PROPERTY
NAME AJ'IID ADDR£5S Lot Block SUBDMSION Total Assessment
Southern Bell Isle half of 10 2
2077-09-1-1 7-023 & II Gardens
Charles C. Haney TiiOMASA VEW1493
% Good Decal Co .
1495 W. Thomas Ave. s 7,993.84
Englewood. CO 80110-5577
Bell Isle
6 2 Gardens
20 77 -09-1-23-005 3rd Fig
Mildred G. & Mary S. Harr, IT Ten TiiOMASA VEW 1480
6818 S. Elizabeth St. s 3,235.24
Littleton. CO 80122
Bell Isle
6 2 Gardens
20 77 -09-1-2 3-00 5 3rd Fig
Mildred G. & :vtary S. Harr. IT Ten TiiO!'vUSAVEW l -+8 0
68 18 S. E!i z:ibe th St. s 1.173.14
Lmlet on. CO SO I::
Bell Isle
7 2 Gardens
2077 -09-1-:?3-006 3rd Fig
LT R Partners lup TiiOMASA VEWl.+70
I4 i 0 W . Thomas Ave . s 6,591.02
Englewood , CO 8011 0-5544
Bell Isle
7 2 Gardens
:o-7-09 -I-2 3-00 6 3rd Fig
L T R P:irmer sh1 p THO!'vlASAVEW l -+70
l-+70 W. Thomas . .\ve. s 12 ,777.18
Eng lewood . CO 80110-554-+
Bell Isle
3-5 2 Gardens
20 77 -09-1-23-013 3rd Fig
J M & J Investments , Inc . THOMASA VEWI 500
• l-+9 5 W. Thomas Ave . s 13,417.91
Englewood , CO 80110-55 77
Bell Isle
3-5 2 Gardens
20 77 -09-1-23-013 3rd Fig
J M & J Investments , Inc . TiiOMASAVEWI 500
1495 W. Thomas Ave . s 1,991.89
Englewood, CO 80110-5577
Bell Isle
I . 0
1 2 Gardens
20 ii-09-l-23-0, .. 3rd Fig
Jack & Virginia Nelligan , IT Ten NO ADDRESS
4675 S. Windennere St. s 3,974.23
Englewood, CO 80110-5542
Page 7 of 9
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DESCRIPTION OF PROPERTY
NAME AND ADDRESS Lot Block SUBDMSION Jotal Assessment
Southern Bell Isle
Part of 1 & 2 Gardens
20 77 -09-1-23-015 all of2 3rd Fig
Knowles , Wayne J. & Dindo James A. WINDERMERESTS46 l 0
4610 S. Windermere St. s 2.,267.66
Englewood. CO 80110-5543
1 1 Navajo Street
20 77 -09-1-24-001 Industrial Park
H & B Enterprises NAVAJOSTS4501
4501 S. Navaio St. s 14.378.04
Englewood . CO 80110-5529
2 1 Navajo Street
20 77 -09-1-24-002 Industrial Park
H & B Enterpnse s NO ADDRESS
4501 S. Navaio St. s 3.366.23
En gl ew ood. CO 80110 -5529
3 1 ;'/avaio Street
10i--09-I-2J-00 6 Indusrrial Park
C nned :vta chmg lnc . NA V AJOSTS454 l
4541 S. Na vaio St. s 2.396.20
)
Englewood . CO 80 110-55:?9
2 2 Navajo Street
20 --:--09. -2 s-oo :: Indusrrial Park
Win dso r lndustnes . ln c. STA.'iF0RDAVEWI312
1351 W . Stan ford A ve. s 15.417.66
Englewood . CO 80110 -5 533
3 2 Navaio Street
20 77 -09-1-25 -003 Industria l Park
James L. Popish & Jeannie M. Holtz NA V AJOSTS4520
• 66 i 0 Crestbrook Dr. s 5,913.49
Morrison , CO 80465-2232
Northern 2 Navajo Street
20 77 -09-1-25-006 half of 1 lndusrrial Park
Navajo Enterprises NA V AJOSTS4500
4500 S. Navajo St. s 10,752.38
Englewood , CO 80110-5530
Southern 2 Navajo Street
20 77 -09-1-25-007 half of 1 Industrial Park
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Navajo Enterprises NA V AJOSTS4500
4500 S. Navajo St. s 2,376.62
Englewood, CO 80110-5530
Page 8 of 9
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DESCRIPTION OF PROPERTY
l'IAME AND ADDRESS
2077-09-1-26-002
Charles K. & Rosena M. Angle
801 E. Dogwood Ave.
Littleton, CO 80121-2423
2077-09-1-26-002
Charles K. & Rosena M. Angle
80 l E. Dogwood Ave .
Littleton. CO 80121-2423
20 77-09-1-2 7-005
Windsor lndustnes. Inc .
1351 W. Stanford . .\ve .
Englewood . CO 80110-5533
20 77 -09-1-27-004
Windsor lndustnes. Inc .
1351 W. Stanford Ave .
Englewood . CO 80110-5533
2077-16-1-00-010
South Suburban Parks & Recreat ion District
6631 S. Umvers1ty Blvd .
Littleton . CO 80121-297 3
2077-16-1-00-018
South Suburban Parks & Recreation District
• 66 3 1 S. Uni versity Bl vd.
Littleton . CO 80121-297 3
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Lot Block SUBDIVISION
3-10 Angle Sub
WINDERMERESTS4450
3-10 Angle Sub
WINDERMERESTS4450
I Angle Sub
NO ADDRESS
2 Ang le Sub
NO . .\DDRESS
unplaned
NO ADDRESS
unplatted
BELLEVIEW A VEWLWO
1.1-1651602
TOTAL
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Total Assessment
27,030.61
5,529.99
17.583 .13
5,600.92
28.S75A5
94,410.32
735,53,UJ
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August 31 , 1 999
Frank Gryglewicz, Director
Office of Financial Services
3400 S. Elati St.
Englewood , CO 80110
RE: Paving District #38 .
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My Wife and I purchased a home located at 3612 S . Cherokee Street on 02 /26/99 .
On August 23 , 1999, we received a certified letter from your office assessing us
$1367 .48 for street improvements . I found out that the City of Englewood paved a
portion of the alley/roadway in the Cherokee /Bannock alley on Jefferson . This work
was reportedly completed in the fall of 1998. I did not own the property when this
was proposed , voted on, accepted or completed .
I found it perplexing that I must pay for a roadway that does not access my
property or affect my property in any way possible. I do not even have alley access
into my property . I do know that this project was completed because of a drainage
problem caused by the development of the apartments on the South side of
Jefferson on Cherokee Street. I also know that this has been an ongoing "feud "
between Mr. Mulner (whose property is directly affectedl and the City of
Englewood. If the drainage is a problem , why wouldn't the developer of the
apartments be held responsible? .
We were the last house to get assessed on the North side of the project, our next
door neighbor did not get assessed. How does this project effect our property and
not our neighbor's? Considering neither of us have alley access or any reason to
use that portion of the alley .
As a City of Englewood employee and citizen of this city, I feel it is a disgrace to
the city, to make citizens pay for a roadway that does not effect them, especially a
project that we were not able to protest in the first place . If the owners of the
property we purchased were in favor of the project when it was proposed, find
them and charge them. We are being asked to pay for something that does not
affect us, that we will not use, and that we do not want.
If you have any questions, please call our home at 303 .806 .9266 or work at
303 . 762.2433 .
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Vance R. Fender Catherine Fender
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Wayne J. Knowles and James A. Dindo
4610 South Windermere
Englewood, CO 80110-5543
August 23, 1999
Mr. Frank Gryglewicz
Director of Financial Services
City of Englewood
3400 South Elati Street
Englewood, CO 80110-2304
Re: Protest of Assessment
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Tax Schedule# 2077-09-1-23-015
4610 South Windermere
Dear Mr. Gryglewicz :
We hereby protest the assessment of the $2,267.66 for street improvements against our
property for the following reasons :
During 1996, our sidewalk was replaced to your specifications at a cost to us of
approximately $8,000.
We had no say in determining that the improvements would be installed . It seems
to us that a special assessment requires the prior approval of the property owners
who would be given complete estimates of the costs beforehand .
The road construction/improvement is a major city street and is extensively used
by the general public. As a major city street the cost should be spread over the
entire populace and be built using general construction funds and not special
assessment funds . This is particularly true considering that we were not allowed to
vote to approve/disapprove the special assessment.
We have had no accounting of the funds spent given to us .
During the construction phase, which was prolonged by errors on the city's and
the contractors parts, our initial estimate is that we lost a minimum of$22,000 in
business.
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Let us know in your response to this protest what your authority is that allows yo u to levy
this assessment? Did the State of Colorado pay for any of the improvement s to
Windermere Street as an alternative route around the construction on Santa Fe? If so.
were those funds taken into consideration in computing the assessment ?
Sincerely,
~J~
Wayne J. Knowles
~.~a .\J~ 0 James A Dindo
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ROSETTA ANGLE
801 E. DOGWOOD AVE.
LITTLETON, CO 80121
AUGUST 25, 1999
OFFICE OF THE DIRECTOR OF FINANCIAL SERVICES
3400 S. ELATI ST.
ENGLEWOOD, CO 80110
ATTENTION: FRANK GRYGLEWICZ, DIRECTOR
RE: PAVING DISTRICT NO. 38
ADDRESS: 4450 S. WINDERMERE ST.
LEGAL DESCRIPTION: LOT 3-10 BLK-ANGLE SUB
TAX SCHEDULE#: 2077-09-1-26-002
DEAR MR. GRYGLEWICZ:
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IN REGARDS TO THE NOTICE I RECEIVED ON PAYMENT, I WISH TO PROTEST
THIS FOR THE REASON LISTED BELOW:
THE CITY OF ENGLEWOOD HAS POSTPONED THE PAVING AND IMPROVEMENTS
ALONG WINDERMERE AS THEY HAVE BEEN WORKING WITH THE LIGHT RAIL
PROJECT AND PUBLIC SERVICE. THEREFORE, NOTHING HAS BEEN DONE ALONG
MY PROPERTY AT THIS TIME.
I HAVE NO PROBLEM REGARDING PAYING THIS OIICB TBB WORK GBTS DONE,
BUT I DON'T FEEL I SHOULD HAVE TO PAY BY SEPTEMBER 10, 1999.
THE AMOUNT I WILL OWE IS $32,560.60 AND I WOULD LIKE TO BE GIVEN
THE OPTION OF THE St DISCOUNT AS EXPLAINED IN THE LETTER I RECEIVED
AUGUST 20, 1999 ALLOWING ME 2 MONTHS FOR THE DISCOUNT.
I ASK THAT THIS DOESN'T GO TO THE ARAPAHOE COUNTY TREASURER FOR
COLLECTION IF NOT PAID BY SEPTEMBER 10, 1999.
PLEASE ADVISE.
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August 27, 1999
Frank Gryglewicz, Director
Financial Services, City of Englewood
3400 S Elati St
Englewood, CO 80110-2903
Mr. Gryglewicz:
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Enclosed find photocopies of two letters dated August 20, 1999,
recently sent from your office in regards to assessment for street
improvements.
Why two letters and which is the accurate one I am to heed? They
appear identical except for the amount of money you want. I protest
two assessments for one street improvement project.
In future correspondence, please spell my name correctly.
Sincerely,
Mllfml G Harr
1480 W Thomas Av
Englewood , CO 80110
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August 20, 1999
City of Englewood
Mlklred G. & Mary S. Harr
6118 S. EUzabetb St.
Uttleto, CO 80122
Dear Property Owner :
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3400 S Elat, Street
Eng lewood , ColOrado 80110-2304
Phone (303) 762-2300
(303) 762-2301
FAX (303) 789-1125
Tbc assenment roll for Paving District No . 38 1s now on file in the Office o f the Dm~ctor ofFmancial Services at 3400
South Elari Street. Englewood, Colorsdo. According to the: a sse ssment ro ll. the amount assessed against the following
dacnl>ed propeny, which you arc listed as owning 1s Sl.173.14 for street unpro\'cmcnts at:
Situs addffu: J4NW. THOMAS AVE.
LepJ description:
Tax Scbeduk No .:
LOT 6 BLK 2 BELL ISLE GARDE!\ S 3RD FLG
2177-09-1-23-00S (Please include this :nunbcr with all payments.)
A public bear111& on the auessments affecting all concem~d properties will be held on Tuesday, Sqllember 7, 1999 at
7 :30 p.m . in tbe Council Chambers 10 City Hall at 3400 South Elati Srrect . (Sec details legally ad\•ernsed in the
Enalewood Herald on Aupt 20"'. August 27", and September 3••) Wnnen protests will be received up to 5 :00 p .m .
Friday. Septmiber 3 , 1999 in the Office of the Director ofhru1ncial Services and will be considered at the Tuesday,
Scplmlber 7"' meeuna .
If any portion ofthe-.nmt is paid prior to 5 :00 p .m . Monday, 1'ovcmber 8, 1999, a five percent (5%) discount on
dial pomon will be allowed. Paymeatl may M made in penon. or malled to. the Central Cubierln1 oflltt at City
Hal, 34N S..111 Elad SCreet, Eapwoocl, Colorado, 80110. Please be sure to write your Tax Schedule No. on
,_ dleck. Any part of lbt 151CU111Cnt not paid by Seprember I 0, 1999 will be certified to the Arapahoe County
TIUIWer fOI" collecbon by his office dunng the next ten l I 0) years in aMual principal payments, plw; 7 .0% mterest on
the unpaid balance. Such payments will be due on January I. 2000 for the fust year, and January I of each succeeding
year. The 2000 payment will not include interest, although subsequent years' payments will .
A Special Assessment Defernl Program is available to ehg1ble cil!zens m Paving District No. 38. Some of rbe
eligibility requirements concern agte , disability. income il.lld assets. Applications must i>c: submiitc:u n" l~<c:r li1a,1
October 8 , 1999. Please coniact Janet Grimmett at 762-2349 for further information on the Deferral Program.
Uyou ba"e any qu•tiou about your useument, please contact the Public Works Department at 762-2500 .
Sincerely, _.::.-------.-.-~ ~--.
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Frank Gryglew1cz, Director
Financial Sc:rv ices
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August 20 , 1999
City of Englewood
Mildred G. & Mary S. Harr
6818 S. Ellubedl St.
Littleton. CO 80122
Dear Property Owner:
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3400 S Elat, Street
Englewood , Colorado so , 1 L nll4
Phone {303) 7G2 ·2300
(303) 762·2301
FAX (303 ) 789-11 25
The assesanent roll for Paving District No. 38 1s now un lile m the Office of the Director of Ftnanc1al s;ervices at 3400
Sou:t.I:i.tl SU'ee1, C.<&lcwood. Colo,aJ ... A~curding ,u J,c assessment ruli , the amuw1t assessed aga,ru;t the following
descnoed property, wluch you are listed as owning is o,J ,235.24 for sneet unprovements at:
Situs address : 1480 W. THOMAS AVE.
Legal daaiptioo: LOT 6 BLK 2 BELL ISLE GARDE~S 3RD nG
Tax Schedule ~o.: 1077-t9-1-2~ (Please includ~ this number with all payments )
A public hearin& on th~ assessmmts affecting all concerned pro perties will be held on Tuesday. September 7, 1999 at
7:30 p.m. in the CoW1c1l Chambers in City Hall al 3400 South Elati Street. (See details legally advertised in the
Englewood Herald on Aiagust 20•, August 27", and September 3"'.) Wn11en protests will be received up to 5 :00 p .m .
Friday, September 3, 1999 in the Office of the Director .>ffmancial Services and will be considered at the Tuesday,
September 7* meeting .
If any portion of lhe uaessment is paid prior to 5:00 p .m . Monday. ~ovembcr 8, 1999. a five percent (5%) discount on
!bat portion will be 11llowed. Paymeah may be made In penon, or malled to, tbe CentraJ Culllerln1 office at Cit~
11aJ1, 34IO Soacll [lad Street, Englewood, Colorado, 80110. Please be sure to write you Tu Schedule :-lo. on
your dteck. Any pait of the assessment not paid by September 10, 1999 will be cerofied to the Arapahoe County
Treaaurcr for collection by his office during the next ten ( I 0) years in aMual principal payments, plus 7 .0% interc5t 0 11
the unpaid balance. Such payments will be due on January I , 2000 for the fi r st year, and January I of each !iucceedir.g
year. The 2000 pa~t will not include lllterest, although subsequent years' payments will .
A Special Asaes5111e11t L>eferral Program is available to eligible citizens in Pa\'ing District 1'0. 38. Some of the
eligii,H!ty requiremer..::. concern ::.gc , di.::;;bi!ity. ir.;:or:~r .ind ;i:;s:ts. Applications must be submint:d liV latt, tl,"11
October 8, 1999. PlcilSC contact Janet Grimmen at 762 -2349 for further informallon on the lkfcrral Program.
If you have any question• about your auessmenl . please contact the Public Works Department at 762-2~ .
Frank Gryglew·.cz, Director
Financial Serv ,ces
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ORDINANCE NO .
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE APPROVING SUPPLEMENT NO . 144 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES .
WHEREAS , Southgate Sanitation District recommends the inclusion of a res idence
currently on septic on approximately 2.5 acres into the District; and
WHEREAS. said inclusion is located in Greenwood Village north of East Orchard
Avenue, south of Belleview and west of Colorado Boulevard (3801 East Alexander
Avenue); and
WHEREAS, the zoning of this property in Greenwood Village is for a single-famil y
residence and the proposed use is to remain the same ; and
WHEREAS , said annexation of this additional parcel of land will not increase the
tap allocation to the Southgate Sanitation District; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of
Supplement No . 144 to the Southgate Sanitation District at the August 17 , 1999
meeting;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. The Agreement between the City of Englewood and Southgate
Sanitation District entitled "Supplement No. 144 , to Connector's Agreement", which
includes approximately 2.5 acres located in Greenwood Village north of East Orchard
Avenue, south of Belleview and west of Colorado Boulevard (3801 East Alexander
Avenue), is hereby accepted and approved by the Englewood City Council . A copy of
said Agreement is attached hereto as "Exhibit l " and incorporated herein by reference .
Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively , the said Agreement for and on behalf of the City Council and the City of
Englewood , Colorado .
Introduced , read in full, and passed on first reading on the 7th day of September,
1999 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
September 7, 1999 10 a i Southgate Supplement #144
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H . Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Water and Sewer Board , at their August 17, 1999 meeting , recommended Council
approval of a Bill for an Ordinance approving Southgate Supplement #144 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to a population of about 70,000 people
outside the City through contracts with numerous connector districts . The area is defined by
the natural drainage and extends south and east from Broadway to the Valley Highway and
from Hampden to Lincoln Ave. excluding Highlands Ranch . By contract the City of Englewood
must approve any additions of land to be served by the districts . These are usually in-fill
situations that are within what the City considers to be the area it has committed to serve .
Adequate capacity has been provided in the treatment plant to accommodate all such future
inclusions . Annexation of this parcel of land will not increase the tap allocation of the
Southgate Sanitation District.
A request was made by the Southgate Sanitation District representing the owner, Joanne K .B .
Sender, for inclusion into the Southgate Sanitation District. Supplement #144 is for a
residence currently on septic on approximately 2 .5 acres . The zoning per Greenwood Village
is Residential for a single-family residence, with the proposed use to stay the same . The legal
is attached as Exhibit A. The property is located north of E. Orchard Ave ., south of Belleview
and west of Colorado Blvd . in Greenwood Village. The address is 3801 E . Alexander Avenue .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Southgate Sanitation District Supplement #144
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Published as a Bill for an Ordinance on the 10th day of September, 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 paaaed on first reading on the 7th day of September, 1999.
Loucrishia A. Ellis
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SUPPLEMENT NO . .J.!i:L TO CONNECTOR'S AGREEMENT
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THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authoriz9d Mayor and City Clerk. hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties. Colorado. hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 20th day of June. 196 1. the City and the District entered
into an Agreement in wnicn the City agreed to treat sewage ong1nating from the Distnct's
sanitary -system within the area served by the District. which Agreement was most
recently renewed by Connector's Agreement dated November 16 , 1see: and
WHEREAS, said C.:,nnector's Agreement provides that :h e dis:nc: may not
enlarge its service area without the written consent of the City;
NOW, THEREFORE, in considerati on of the mutual covenants and
undertakings herein set forth . the parties agre9 as follcws :
1. The City he reb y consents to :he :nc!~s1c n cf certa in accitional area
located in Arapahoe County. C.:,lcradc. owned by Joanne K.9. Sender anc mere fully
described on Exhibit A attached he reto and 1nc::rocrated ne re,n by reference . into
Southgate Sanitation Dis:nc:. The City agrees th a: sa ,o accltl cnai area -n ay be served with
the sewer facili ties of '.he D1stnct. and that th e C.ty will treat :he sewage d1 schars;ed into th e
City's trunk line from said addibona l area . all in acc::rdance wrth :h e Connec:cr's Agreement
dated November 16 . 1see. Ac:ordingly, E.,h1b1t A referred to 1n Paragraph 1 of th e
Connec:or's Agreement dated November 16, 1sea. 1s he reby amended to include such
additional area.
2. Each and every otlier prov ision of the said Connec:or's Agreement
dated November 16, 1988, shall remain uncianged.
IN WITNESS WHEREOF, the ,arties have se '. tre,r ha ncs and sea ls this
__ day of __ , 19_
ATTEST.
CITY CLERK
(SEAL)
CITY OF ENGLEWOOD
By:---------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE ANO DOUGLAS COUNTIES,
COLORADO
By :~~Z)Lk-
PRESIDENT "
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EXHIBIT A
(Legal Description)
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The West 1/2 of Block 280,
South Denver Gardens,
County of Arapahoe,
State of Colorado
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ORDINANCE NO._
SERIES OF 1999
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BY AUTHORITY
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COUNCIL BILL NO . 48
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE 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 :
S..ctjgn 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 .
S..ctjgn 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.
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Published aa a Bill for an Ordinance on the 20th day of Auguat, 1999.
Read by title and paaaed on final reading on the 7th day of September, 1999.
Publiahed by title u Ordinance No . ~ Series of 1999, on the 10th day of
September, 1999.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No. ~ Series of 1999.
Loucrishia A. Ellis
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CITY OF ENGLEWOOD
FIREFIGHTERS PENSION PLAN
lAS AMENDED AND RESTATED JA!'IUARY 1 1999}
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PREAMBLE
ARTICLE I
ARTICLE II
ARTICLE ID
ARTICLE IV
ARTICLE V
ARTICLE VI
02-29144.07
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City of Englewood
Firefighters Pension Plan
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<As Amended and Restated Jamwy 1. 1999}
TABLE OF CONTENTS
PgeNo.
Purpose and Definitions .......................................................................... 1-1
Section 1. Purpose ............................................................................... 1-1
Section 2. Definitions .......................................................................... 1-1
Section 3. Construction ........................................................................ 1-4
Service Credit ........................................................................................ II-I
Section I . Service ............................................................................... II -1
Section 2. Break in Service ................................................................. II-1
Section 3. Military Service ... ................... .. .. ............. II-I
Section 4. Fractional Years ................................................................. II -I
Participation Requirements ........ ... ... ........... ... ... . .. . . . . . ......................... ill-I
Section I. Participation Originating Under the Previous Plan ............ ill-I
Section 2. Cessation of Participation and Reentry ............................. ill-I
Section 3 . Effect of Disabili ty or Death Benefits Payable From
Another Plan .................................................................... ill-I
Contributions .................................................................................... IV-I
Section I. Contributions by Emplo yer and the State of Colorado ..... IV-I
Section 2. Contributions by Participants .................. . .... .. . .. . ... IV-I
Section 3 . Participant Contributions Picked Up by Employer .. . IV-I
Pension Benefits .................................................................................... V-1
Section I. Normal Pension Commencement ....................................... V-1
Section 2. Normal Pension Amount .................................................... V-1
Section 3. Deferred Vested Pens ion Commencement ......................... V-2
Section 4 . 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 I. Normal Form of Pension -Single Life .............................. VI-I
Section 2. Optional Forms ofBenefit ................................................ VI-I
Section 3. Qualified Joint and Survivor Benefit Option ..................... VI-I
Section 4. One Hundred Percent Joint and Survivor Benefit
Section 5.
Section 6.
Section 7 .
Option .............................................................................. VI-2
Fifty Percent Joint and Survivor Benefit Option ............... VI-2
Five Year Certain and Life Benefit Options ...................... VI-2
Beneficiary ....................................................................... VI-3
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ARTICLE VII
ARTICLEVIll
ARTICLE IX
ARTICLEX
ARTICLE XI
ARTICLE XII
ARTICLE XIII •
ARTICLE XIV
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ARTICLE XV
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Death Benefits ..................................................................................... VII-1
Section l . Death Benefit for Surviving Spouse or Dependent
Parent ............................................................................. VII-1
Section 2. Death Benefit for Dependent Children ............................ VII-I
Section 3. Death Benefit after Eligibility for a Deferred Vested
VII-Pension ..................................................................... VII-1
Section 4. Proof of Death ................................................................. VII-2
Section 5. Additional Death Benefit.. ............................................... VII-2
Contribution Accumulation Refunds .................................................. VIll-1
Section l. Contribution Accumulation Refund to Participant.. ........ VIll-1
Administration by Board ofTrustees .................................................... IX-I
Section l.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10 .
Section 11.
Trust Fund
Section l .
Section 2.
Establishment and General Duties .................................... IX-I
Members .......................................................................... IX -I
Terms .............................................................................. IX-I
Meetings ......... .... .. .... ................... ........... . .. .. .. ....... . .. IX -I
Quorum ......................................................................... IX -:?
Major ity Vote .................................................................. IX -:?
Compensat ion ............................................................ . IX --
Rules and Regulations ..................................................... IX-2
Powers ............................................................................. IX -2
Decisions ......................................................................... IX-3
Repon of Board ............................................................. IX-3
.......................................................................................... X-1
Establishment of Trust Fund .............................................. X-1
Payment of Contributions to Trust Fund ............................ X-1
Special Governmental Requirements ................................................. XI-I
Section l. Maximum Annual Benefit Under Code Section 415 ......... XI -I
Guarantees and Liabilities ................................................................... XII-I
Sec ti on l. Nonguarantee of Emplo yme nt.. ....................................... XII-I
Section 2. Rights to Trust Assets ..................................................... XII-I
Section 3. Nonalienation of Benefits ................................................ XII-I
Amendments ...................................................................................... XIII-I
Section l. Right to Amend .............................................................. XIIl-1
Withdrawal and Terminat ion ............................................................. XIV-I
Section l. Plan Termination ........................................................... XIV-I
Section 2. Allocation of Assets Upon Plan Termination ................. XIV-I
Section 3. Manner ofDistribution .................................................. XIV-1
Section 4. Amounts Returnable to the Employer ............................ XIV-I
Section 5. Applicable law ............................................................. XIV-2
Direct Rollovers .................................................................................. XV-1
Section l . General ........................................................................... XV-1
Section 2. Definitions ...................................................................... XV-1
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City ofEng)ewood
Firefighters Pension Plan
CAs Amended anc1 Bnrared January 1. 1299>
PREAMBLE
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WHEREAS, the Employer had previously established a pension plan under State statutes
for its firefighters (hereinafter referred to u 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, Article 30, Part 4 of the Colorado Revised 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 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 :
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ARTICLE I
Purpose and Pefioitions
.,S:zecb,...,·o..,n ... 1,.... _ __.PuJJ!O..-...... se .... : The purpose of this Plan is to provide retirement and incidental
benefits for all Employees (u 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 pro"ided, 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 .
.. S=ecu.....,·o .... n...,2"".---"Dec.z.afi .. n=it=jo-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 Date (or date of actual
retirement if later), which an Employee has accrued at any time under the provisions of
the Plan, regardless of his vested status, determined as ifhe had then terminated
employment .
b. Actuarial (or Actuarially) 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 .
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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%).
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Mortality assumption -
{I) Effective July I, 1999, the mortality assumption used for purposes
of computing optional fonns of benefit payments shall be a unisex rate that is
500/o male, 500/o female, taken from the 1983 Group Annuity Mortality Table.
Prior to July 1, 1999 such mortality assumption shall be the UP-1984 Mortality
Table.
(2) Solely for purposes of Article XI hereof, on and after January I ,
1995 , the mortality assumption for calculation shall be a unisex rate that is fifty
percent (500/o) male, fifty percent (500/a ) female, taken from the 1983 Group
Annuity Mortality Table.
c-~--B~o~ar~d=: The Board of Trustees established under Anicle IX hereof.
d. Code or Internal Re ven ue Code The Internal Re ve nue Code of 1986 . 26
U SC (19 86 ), as amended from time to time .
e C o m pe ns at io n : All base pay re c eiv ed by the Partici pant fo r his Co vered
Emplo yme nt. inclu di ng , lo nge vit y pay. hol iday pay. sick pay. vacat io n pay ta ken in the
normal course of e mploy ment shift differential , but Compensation shall exclu de
compensation for overtime (or compensat ion in lieu of o vert ime required un der the Fa ir
Labor Standards Act . except Compensation shall include compensation o nly fo r t~o se
premium hours required to be paid, based on the current se venty-N ;o (72) ho ur, nine-da y
reoccurring work cycle), clothing a11owance , lump-sum amounts paid in lie u o f
accumulated vacation. holidays and sick leave, acting pay. and compensation imputed as
a result of the Participant 's use of the Employer 's automobile . A Part icipant 's
Compensat ion shall include an y amounts deferred as to suc h Parti ci pant Code Sectio n
125, Code Section 45 7 or under Code Sect ion 414 (h), except to the extent such a mo unt s
would be excluded under the immediately preceding sentence Compensatio n taken int o
account under the Plan sha11 not exceed $200 ,000, adjusted fo r changes in the
co st -of-liv ing as provided in Code Sectio n 4 1 S(d), for the pu rp ose of cal c ul ating a
Participant's Accrued Pension (including the right to any optional benefit provided under
the Plan) for any Plan Year commencing after December 3 1, 1988 .
In addition to other applicable limitations set forth in the Plan, and
notwithstanding any other provision of the Plan to the contrary. for Plan Years beginning
on or after January I , 1996, the annual compensation of each "Noneligible Participant"
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 ofliving in accordance with Code Section 401 (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 detennined (determination period) beginning in such
calendar year . If a determination period consists of fewer 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
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"Noneligible Participant" is any Participant who first became a Participant in the Plan
during a Plan Year beginning on or after January I, 1996 .
Effective January l, 1989, through December J l, 1996, in determining the
Compensation of a Participant for purposes of this limitation, the rules of Code Section
414(q)(6) shall apply , except in applying such rules, the term 'family' shall 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 l, 1989 through
December 3 l, 1996, it: 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 Compensation as determined
under this Section prior to the application of this limitation .
f Contribution Accumulation : The Participant's aggregate contributions,
plus five percent (5%) simple interest on the total amount.
& Covered Emplovment : The employment category for which the Plan is
maintained , which is full-time. salaried emplo yment with the Employer as a paid member
of the Employer 's Fire Division , serving at least one thousand six hundred (1,60 0) hours
in any calendar year. and which includes all firefighters within the Fire Division hired
prior to April 8, 1978 . Excluded are leased employees within the meaning of Code
Section 414(n)(2).
h. Disabilitv or Disabled : A physical or mental condition which, in the
judgment of the board of the Fire and Police Pension Association, totally and presumably
permanently prevents an Employee from performing the duties of any occupation for
which the firefighter. by reason of his education, training and experience, would be
capable of performing, but for the injury or illness involved . In determining whether any
firefighter is so permanently disabled, any disability , and an y known injury or illness ,
which pre-existed the firefighter 's employment with the City of Englewood , shall be
disregarded.
I. Effective Date · January I , 1999 .
j Emplovee : Any person whose Covered Employment 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 414(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)(5)(C)(ii), the term "Employee"
shall not include those leased employees covered by a plan described in Code Section
414(nX5).
k. Emplover : City of Englewood, Colorado .
I. Final Monthly Compensation : The Compensation earned by a Participant
during his last full month of Covered Employment; except Final Monthly Compensation
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cannot be less than the average monthly compensation earned by the Participant during
the last twelve (12) full months of Covered Employment.
m. Ljmjwjon 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 XL Section l . hereof, apply begiMing with the first Limitation Year begiMing
after 1982.
n. Nonnal Retirement Date : The date when a Participant has attained his
fiftieth (50th) birthday and has completed twenty (20) years of Service.
o. Panicjpant : 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 Firefighters Pension Plan (As Amended and
Restated 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 : Firemen 's Pension Plan of the City of Englewood or City
of Englewood F iremen's Pension Plan, in force and effect (under Title 31 , Article 30 .5
(and prior to May 23, 1996, under T itle 31 , Article 30, Part 4) 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 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 detennining eligibility, or the amount of benefits, and described in Article Il
~~ .
u. Trust or Trust Fund : The fund maintained to provide the benefits called
for under this Plan, as described in Article X hereof
.. S=ect=io=n,...,3'"'. _ __,C..,o=n,,.stru=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.
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ARTICLE II
Service Credit
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.. Secti"""'·,..o..,,n_.l...._........,S..,ern......,·""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 ll, 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 II, Section 3 below ; and
C.
Section 2.
Any credit called for under federal law for an absence due to military du ty .
Break in Service : An Employee shall have a Break in Service if his Covered
Employment with the Employer is tenninated . An Employee's authorized leave of absence, or a leave
due to disability as defined at Article I . Section 2h, shall not result in a Break in Service ; however, 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 Service; however, the Employee will not receive any
Service credit during any such absence without pay .
Section J . 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).
Section 4. Fractional Years : In determining Service credit, Service 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 .
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ARTICLEm
Partjtjpatjon llequimoems
Sec;tion 1 Participatjon Origjnatjng Under the Previous Plair 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 u of the Effective Date.
Secti<>o 2 Cmetion of Partjcipatjon and Reermy : If a Participant leaves Covered
Employment, he will cease his participation in this Plan, and will not again become a Participant.
(Recommencement of Covered Employment results in coverage under a state'Nide 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)).
SectiOfl 3. Effect of Disability or Death Benefits Payable 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 prior to May 23, 1996,
Sections 31-30-1007 or 31-30-1008, Colorado Revised Statutes). then no benefit shall be payable
from this Plan to or with respect to such Participant.
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ARTICLE IV
Contributions
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Contributions by Employer 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 contn"butions to the Plan shall be
determined by a competent actuary . The amount of contribution shall never 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 from the State of Colorado in
accordance with applicable state law , or from any person . Contributions ma y be received by gift ,
grant, devise or bequest , in the form of money , personal property , real estate or an y interest
therein and may include all moneys, fees , rewards and emoluments , except firefighters ' salaries ,
of every nature and description that may be paid or given to the Fire Division or any of its
members . Any amounts given to the Employer 's Fire Division or to an Employee in his capacity
as a firefighter , 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 Participant 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 .
Section 2. Contributions by Participants : Each Plan Participant 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 J. Panicipant Contributions Picked Up by Employer : Participant
contributions made on or after the effective date of the DROP under Article V, Section 8, and
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solely while a Participating DROP Member, u defined in Article V, Section 8, shall be picked
up by the Employer. The coatnoutions so picked up by the Employer shall be treated u
Participant contn1>utions for purposes of this Plan even though such c:ontn1>utions are treated u
Employer contn"butions fur income tax purpoteS in accordance with Code Section 414(h). For
purposes of this Section only, the Compensation (u 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 contn"butions so picked up for such Participant .
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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 Employer 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 forth
the facts entitling such Participant to a Pension hereunder . The application shall specify the
time, neither less than thirty (30) nor more than one hundred eighty (180) days subsequent to the
filing of the application, when the Participant desires to be retired . The Board shall act upon
such application if the Participant is entitled to retire. and shall notify the Employer of such
action . The action of the Board shall be completed at the next scheduled Board meeting
following the filing of the application. Payment of a ~onnal Pension will commence the last day
of the month coincident with or next following the Participant's actual Retirement, or as soon
thereafter as administratively practicable. 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 aMual 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 .
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Section 3 Deferred Vested Pension Commencement: A Participant hereunder shall
be eliStl>le 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 Participant's years of
Service, as follows:
Participant's Years
of Service
Less than S
Sor 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 (SO) ifhe is living ; however, if the
Participant requests a refund of his Contribution Accumulation under Article 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°/o) ofhis 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 .
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Sections 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
Effective Date of this restated Plan .
Section 6. Increases in Benefits : Provided that the Trust Fund is properly funded as
provided in Article IV hereo( 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 Participants receiving benefits under this Plan. In the event of a tlat dollar
increase in benefits, such an increase for a survi ving spouse or dependent parent or payments
receiving payments pursuant to Article VII , Section 1.. shall be equal to one-third (1/3) of the tlat
dollar amount.
Section 7. Required Distribution of Retirement Benefits : Effective January !, 199 2,
notwithstanding any provision of the Plan to the contrary , pursuant to Code Section 40 l (a)(9),
payment of benefits shall commence not later than the later of April 1 of the calendar year
following the calendar year in which the Participant attains age sevent y and one-half (7 0-1/2), or
terminates employment .
Section 8. Deferred Retirement Option Plan (DROP ):
a. Effective Date : Notwithstanding Article 1, Section 2.i., the provisions of
this Section 8. shall be effective on the first day of the month which falls at least thirty
(30) days after the date of receipt of a favorable determination letter from the Internal
Re venue Service for the Plan .
~b~_T=i=tle~· 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 Participants 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 Participant who has attained the Normal Retirement Date
in accordance with Article L Section 2.n. A "Participating DROP Member" is any
Eligible Participant who has elected to participate in the DROP as provided by this
Section 8.
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d. Purpose : The purpose of the DROP is to allow an Eligible Participant 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. An Eligible Participant 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 Participant may 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 ninety (90) days
prior to the date of intended partic ipation .
f Term : The duration ofa Participating DROP Member 's participat ion in
the DROP shall not exceed a total of five years . As a condition precedent to part icipat io n
in the DROP , the Participat ing DROP \femb~r shall execute an irre voc ab le agreement
with the Employer in the form prescribed by the Board , which shall. among other it em s.
clearly and unequivocally state that the Partic ipating DROP Member must retire no later
than the date prescribed in the agreement which may not exceed the fifth anniversary of
the Participating DROP Member 's participation in the 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 Participating DROP Member
g. Interruption of Participation : If the Participating DROP Member 's
participation in the DROP is interrupted by military service , there shall be no interruption
of membership in the DROP . Such a Participat ing DROP Member's Pension shall
continue to be paid into the Partic ipating 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 L"pon re:urn to employment with the Employer . the
Participat ing 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 414(u). In no event , however ,
will the term of participation ofa Participating DROP Member exceed the term elected
under subsection f
h. Effect on Participation in the Plan : Upon commencement of the Eligible
Participant 's participation 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 Participating
DROP Member shall share in any ad hoc increase granted to retired Participants .
j . 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
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DROP account. In no case shall the Employer contribution, provided for in Article IV,
Section l., be used to fund the DROP. The Pension transferred or paid to a Participating
Member's DROP account shall not constirute anrwaJ additions under Code Section 41S .
j Admjnjstratjon of PROP 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
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 c harges of an y
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kind, such fees or charges shall be charged to the Panicipating DROP Member's acco unt .
m. Fonn of Payment : For purposes of this Section 8 ., 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 :
02-Z,144.07
(I} Deferred Payment : 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 available 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 of 70 'I::
(2) Lump Sum : A one-time distri bution of the Retiree 's entire ac count
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 Payments for a Designated Period ofTime: 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 ;
(S} 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
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(6) Combination oflump Sum and Periodic Payments : An initial
lump sum payment of an amount designated by the Retiree, followed by a
designation of a number of subsequent monthly payments or an amount payable
on a monthly basis .
Regardless of the form of payment the Retiree chooses, the minimum distribution
amount will be determined and made in accordance with Code Section 40l(a)(9) and the
regulations thereunder, including minimum distribution incidental death benefit
requirement of Proposed Regulation Section l.40I(a)(9)-2 . 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 40l(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 payment within 30 days after the
termination of employment or expiration of the five-year limit for panic ipation in the
DROP , a lump sum payment shall be made.
All distributions need to follow the distribution guidelines from the Fire and
Police Pension Association .
n. Participating DROP Member's Death · Spousal Benefic iarv : If the
Participating DROP Member dies during the period of the Panicipating DROP Member ·s
participation in the DROP and the Participating DROP Member's designated beneficiary
is the Participating DROP Member's surviving spouse to whom the Participating DROP
Member was legally married at the time of the Participating DROP Member ·s death, the
Participating DROP Member 's designated beneficiary shall receive. at the beneficiary 's
option, a lump sum payment from the deceased Participating DROP Member 's individual
DROP account balance, or equal monthly installment payments from the deceased
Participating DROP Member's individual DROP account over a period not to exceed the
spouse 's life or life expec:anc y. If no se lection is made by the designated beneficiary
within 60 days after the death of the Participating DROP Member , a lump sum payment
shall be made .
o. Participating DROP Member 's Death · Non-Spousal Benefic iarv · A
married Participating DROP Member may designate someone other than his spouse to be
a primary beneficiary, provided spousal consent as prescribed in Article VI , Section 7., is
obtained . 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
designated beneficiary is someone other than the Participating DROP Member·s
surviving spouse to whom the Participating DROP Member was legally married at the
time of the Participating DROP Member 's death, the designated beneficiary shall receive
a lump sum payment equal to the deceased Participating DROP Member's individual
DROP account balance .
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p Particjpatins DROP Member's Death· No Pesisnated Beneficjary· If the
Participating 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 Panicjpation on Other Death or Disability Benefits:
DROP participation shall not affect any other death or disability benefit provided to a
Participant under federal law, stale law, city ordinance, or any rights or benefits under
any applicable collective bargaining agreement.
r. Retroactiyjty <Back-DROP}: For purposes of this Section 8 .r .,
"Retroactive Participation Date" means January 1, 1999, or such later date, as would have
been on or after an Eligible Participant's retirement date, but prior to the Effective Date
of the DROP, and which was selected by the Eligible Participant to commence
participation in the DROP .
Notwithstanding Section 8.a., of this Article V, an Elig ib le Participant who would
have qualified for the DROP on his Retroactive Participation Date. had the DROP been
in effect on that date, may elect to have his individual DROP account credited w ith 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 Participant 's
Retroactive Participation Date (Such Participant contributions shall not be
impacted by Article IV, Section 3 hereof);
credited with interest using the actuarial interest rate assumption provided in Article I,
Section 2.b .
Such lump sum pay ment shall be made as soon as administrativel y feasible after
the Effective Date of the DROP . If a Participating DROP Member elects to have the one-
time lump sum payment deposited into his DROP account, the five-year 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.
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Fonn of Payment
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Normal Form of Pension -Single Life : Unless otherwise elected under
this Article VI, any Pension accrued under Article V hereof will be paid as a Single Life Pension.
Under this fonn of Pension, monthly payments are made to the Participant during the remaining
life of the Participant.
Section 2 Optional Forms of Benefit: Effective January I, 1998, subject to such
unifonn rules and regulations as the Board may prescribe, and the restrictions contained in this
Article VI, a Participant may, in lieu of the Normal Form of Pension above, elect one of the
following forms of benefit which shall be the Actuarial Equivalent of the Normal Form of
Pension to which he would otherwise be entitled . The Participant must make any election of an
Optional Form of Benefit in writing, and such election must be filed with the Board at least thirty
(30) days prior to the due date of the first payment of benefits under the Plan. The election of an
option may be changed at any time prior to thirty (30) days preceding the due date of the first
payment of benefits under the Plan . However, an optional form of payment may not be elected
unless the value of the payments expected to be paid to the Participant exceeds fifty percent
(50%) of the value of the total benefits to be paid under such optional form .
Section 3 . Qualified Joint and Survivor Benefit Option: The Qualified Joint and
Survivor Benefit option provides an adjusted monthly benefit payment during the Participant '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 (500/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
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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 (ifhe has a spouse who can be located)
consents in writing to such election, acknowledges the effect of such election and has such
consent and acknowledgment witnessed by a Plan representative or a notary public . A properly
completed benefit election form (furnished by the 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 earlier form and prior to his benefit commencement date , the
earlier form shall be annulled .
Section 4. One Hundred Percent Joint and Survivor Benefit Option : The one hundred
percent (IOOo/o) Joint and Survivor Benefit option provides reduced monthly benefit payments
during the Participant's life, and upon his death after retirement, continues payments in the same
reduced amount to a designated Beneficiary during the life of such Beneficiary .
Section 5. Fifty Percent Joint and Survivor Benefit Option : The fift y percent (50%)
Joint and Survivor Benefit option provides reduced monthly benefit payments during the
Participant 's life, and, upon his death after retirement , continues payment in an amount equal to
fifty percent (50%) of the amount of such reduced payments to a designated Beneficiary during
the life of such Beneficiary .
Section 6 . Five Year Certain and Life Benefit Options : The five (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 .
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Section 7 Beocficim· Effective January I, 1998, the Participant rmast designate his
Beneficiary in writing. If a married Participant wishes to designate someone other drm 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.
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ARTICLE VII
Death Benefits
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Death Benefit for Sw:viYiDK 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) fifty percent (50%,) of the
monthly amount being received by the Participant at his death. so long as the surviving spouse or
dependent parent remains unmarried. If such payment is to be made to two dependent parents, it
shall be divided equally 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 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 legally appointed guardian, of each
dependent child of a deceased retired Panicipant who was , at the time of his death, receiving a
Pension benefit hereunder. Such Death Benefit shall be a monthly annuity equal to thiny 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 J . 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
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forth in Section 1 of this Atucle VIl to begin on the last day of the month following the date the
Participant would have attained age fifty (SO).
PrpofofDeath· For the purpose of this Plan, the production ofa 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 proot: the Board
may rely upon such other evidence of death, u it deems necessary or advisable .
Sections Addjtjonal Death Benefit· The Board shall direct an Additional Death
Benefit of one hundred dollars ($100) be paid to the surviving spouse or family 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 (SSOO).
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ARTICLEym
Section 1.
Contn}ution AccuON,latjon Bcfuods
Conuibution Accumulation Refund to Participant:
a. Prior to Ejgjbjljty for Pension Benefits · If any Participant's employment
with the Employer is terminated before he qualities for a benefit under the provisions of
Article V hereo( 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 Eljgjbjljty for Deferred Vested Pensjon 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 effective unless his spouse (if he has a spouse
who can be located) consents in writing to such election, acknowledges the effect of such
election and has such consent and acknowledgment witnessed by a Plan representati ve 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 Conuibution 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 Disabilitv : If benefits are payable from the Fire and Police
Pension Association upon the Participant 's Disability under Section 31-31-803 , Colorado
Revised Statutes (and prior to May 23 , 1996, under Section 31-30-1007, Colorado
Revised Statutes), then the Panicipant shall forfeit his Contribution Accumulation .
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ARTICLE IX
Administration by Board of Trustees
Section 1 fpphljshment and Genera) 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 .
... Secti=·=o=n-=2"--. ---'M""""'e,.,_m,..b=ers.....,: The Board shall consist of(a) the Mayor 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) Members who are paid or
volunteer (active or retired) firefighters but not more than one volunteer firefighter . Such
Participant members shall be elected by a majority vote of the Participants hereunder . The
President and Secretary shall be elected by the Board .
_..S,..ect....,io.,_n,._,3"--'.---'T._,e.._rm'-'-"'-'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 City 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 ( 1) year . Initial election of the Participants shall be
conducted to elect one ( 1) Member for three (3) years, one ( 1) Member for two (2) years and one
( 1) Member for one ( 1) year, and their tenure of office shall run from January 1 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 .
.. Sect....,,i..,.o,.,_n....,4~. ---'M=ee.,.,t,...,in..,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 .
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_secn ......... ·o ... n..,S'-----... Ou ..... o-rum~: A majority of the members of the Board shall constitute a
quorum .
Section 6 Majority Vote: All actions talcen 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 pertains 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
COMection 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.
-S=cct=io~n~9~.-~P~o~w~e=r=s: 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 ;
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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 amnge for valuations and appraisals of the assets held under
this Plan and with the advice ofan actuary, to dctennine the liabilities of the Plan;
h. To create reserves for such assets for any purpose;
i. With the advice of an actuary, &om 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 entitled "Firefighters
Pension Fund for the City of Englewood," and invest and rein vest 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 may 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 render such financial
statements and reports as may be required from time to time .
Section 10 . Decisions : Any decisions of the Board and an y 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. Report of Board : The Board shall make an annual report to the Employer
on the condition of the Trust Fund .
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ARTICLEX
Jrustfund
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f,r•bljshment ofTrust 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 .
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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 .5-211 and 31-31-70 I.
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ARTICLE XI
Special Governmental Regujrements
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 :
02-29144.07
a. Definjtjons: For purposes of this Section the following definitions shall
( I) "Annual Addit io n" shall mean the sum of the following add it ions
to a Participant 's individual account for the Limitation Year :
(a) Emp lo yer contributions (including salary reduct io n
contributions);
(b ) His own (after-tax) contributions, if any ;
(c) Forfeitures, if an y.
Annual Additions to other Employer defined contribut ion plans (also
taken into account when appl yi ng the limitations described below) include an y
voluntary employee contributions to an account in a qualified defined bene fit plan
and any employer contribution to an individual retirement ac count or annu it y
under Code Section 408 or to a medical account for a key emplo yee under Code
Section 40 l(h) or 419A(d}, except that the 25%-of-pay limit below shall not appl y
to employer contribut ion s to a key employee 's medical account after his
separation from service.
(2) "Earnings" for any Limitation Year shall be the Employee 's earned
in come, wages, salaries and fees for professional services, and other am o unts
received for personal services actually rendered in the course of emplo yment 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
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the Employee or any distributions from a funded plan of deferred
compensation;
(b) Amounts realized from the exercise ofa 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 benefits. 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 amounts are actually
excludable from the gross income of the Employee).
Notwithstanding the preceding sentence. Earnings for a Participant who is permanently
and totally disabled (as defined in Code Section 22(e)(3)) is the compensation such Panicipant
would have received for the Limitation Year if the Participant had been paid at the rate of
compensation paid immediately before becoming permanently and totally disabled; for
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 behalfof such Participant are nonforfeitable when
made .
For Limitation Years beginning on or after January I, 1998, for purposes of applying the
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 any 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 125 or 457 .
b . Defined Contribution Plan(s) Only : The Annual Addition to a
Participant's individual account hereunder (together with the Annual Additions to the
Participant's account(s) under any other defined contribution plan(s) maintained by an
Affiliated Employer) for any Limitation Year may not exceed the lesser of:
(I) Thirty Thousand Dollars (S30,000 .00) (as adjusted under
subsection 415(d) of the Code for such Limitation Year); or
(2) Twenty-five percent (25%) of the Participant's Earnings for the
Limitation Year .
c Defined Benefit Plan(s) Only :
(I) Any annual Pension payable to a Participant hereunder (including
any annual Pension paid to such Participant from another defined benefit plan of
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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 (10) years of
Service, the foregoing limitation shall not be applicable with respect to any
Puticipant whose annual Pension under this Plan and any other defined benefit
plan maintained by the Employer, is less than Ten Thousand Dollars ($10,000)
and such Puticipant has not at any time participated in any defined contribution
plan (within the meaning of Section 415(k) of the Code) maintained by the
Employer .
(3) In the event that a participant has been credited with less than ten
(10) years of Service. the maximum annual Pension allowab le 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 ye:ir s of Se rvice ( or part
thereof), but never less than one (I), and the denominator of which is ten ( I 0).
(4) (a) The limitations of this Section 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 Equivalent of a
single life annuity and t he limitations shall be applied to such adjusted
amount.
(b ) If payment beg ins before the Participant 's attainme:lt of age
sixty-two (62). the limitat ion in c .(l) above shall be reduced on an
Actuarial Equivalent basis; provided , however, if such payment begins
after the Participant 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, 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 1, 1997 , the
provisions oft~.is 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 ofage
sixty-five (65), the limitation in c.(1) above shall be the Actuarial
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Equivalent of such amount otherwise applicable at the Participant's
attainment of age sixty-five (65).
(d) The interest rate to be used in determining Actuarial
Equivalence shall be the rate specified in Article L Section 2.b. hereof,
however, the interest rate used in determining an Actuarially Equivalent
single life amount or an Actuarially Equivalent pre-age sixty-two (62)
amount shall not be less than five percent (5%) and the interest rate used
in determining an Actuarially Equivalent post-age sixty-five (65) amount
shall not be greater than five percent (5%).
(5) In no event shall a Participant's maximum annual Pension
allowable under this Section be less than the annual Pension (including early
Pension and qualified joint and survivor annuity amounts) duly accrued by such
Participant (under Code Section 415 limitations then in effect) as of December 3 1.
1982 , or as of December 3 1, 1986 , whichever is greater (disregarding an y Plan
changes or cost-of-living ad j ustments occurring after Jul y I. 19 8::i . as to the 19 8:
accrued amount. and :Vla y 5. 1986, as to the 1986 ac crued amount ).
(6) Fo r Limitat ion Years beg inning on and after Janua ry 1, 199 5. the
provisions of subsections (3) and (4 )(b ) shall not appl y to Death Benefits under
Article VU .
d . Defined Benefit and Defined Contribution Plans : If, in an y Lim itati on
Year a Participant also participates in one or more defined contribution plans maintained
by the Employer, then for such Limitatio n Year, the sum of the Defined Benefit Plan
Fraction and Defined Contribution P lan Fraction (as described below) for such L imitat io n
Year shall not exceed one The Defined Benefit Fraction for any Limitation Year shall
mean a fraction (a) the numerator of which is the projected annual benefit of the
Participant under the Plan (determined as of the close of the Limitation Year), and (b ) t he
denominator of which is the lesser of 125 % of the dollar lim itation under Code Section
415(b)(l)(a) or 140%, of the percentage limitation under Code Section 415 (b )(l)(B ) for
the year of determination (taking into account the effect of Section 235 (g )(4) of the Tax
Equity and Fiscal Responsibility Act of 1982). The Defined Contribution Fraction for
any Limitation Year shall mean a fraction (a) the numerator of which is the sum of the
Annual Additions to the Participant '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 235(g)(3) of the Tax Equity
and Fiscal Responsibility Act of 1982), and (b) the denominator of which is the sum of
the lesser of 125% of the dollar limitation under Code Section 415(c)(l)(A) or 140% of
the percentage Limitation under Code Section 415(c)(l)(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 1, 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)).
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U: in any Limitalion Year, the 111111 of the Defined Benefit Plan Fraction and
Defined Coalribution Plan Fraction fbr a Participanl would exceed one without
adjustment of the mount of the maximum anmaal Pension that can be paid to such
Participant under parqrapb c.(1) of this Section. than the amount of the maximum anru1
Pension that CUI be paid to such Participant under paragraph c.(1) of this section. shall be
reduced to the exlenl necessary to reduce the sum of the Defined Benefit Plan Fraction
and Defined ContnDUtion Plan Fraction for such Participant to one, or the Board may
take such other actions u will cause the sum to equal one or less.
This subsection d. shall not be effective for years begiMing on or after January 1,
2000 .
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ARTICLE XII
Gvtorttm and Liabilities
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NOIJ&Ull)Olee ofEmploymenr Nothing contained in this Plan shall be
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construed as a comract 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. Ri&bts 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 other.hise, 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 Employer, the Trustee, nor an y
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.
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Notwithstanding the foregoing, in accordance with Section 31-30.S-208, Colorado
Revised Statutes (and prior to May 23, 1996, Section 31-30-112, Colorado Revised Statutes), the
Board may approve : (I) payment to an alternate payee based upon an assignment for child
support purposes u provided for under Sections 14-10-118(1) and 14-14-107, Colorado Revised
Statutes. u those stanites existed prior to July l, 1996; (2) income assignments for child support
purposes u provided for under Section 14-14-111.S, 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 effective as well
as other provisions consistent with the purpose of Colorado Revised Statutes 14-10-113(6) .
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AJlTICl,E XIII
AmCQdmems
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lliaht tp 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 pennit reversion of any part of the Trust Fund to the Employer except u
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 40l(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 .
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ARTICLE XIV
Withdrawal and Ieanination
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Ptan 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 401(a) of the Code.
Section 2 . Allocation of Assets Upon Plan Termination : Upon termination or partial
termination of the Plan, the benefits accrued up to the date of t ermination by the affected
Panicipants and their beneficiaries, respectively, shall be nonforfeitable; 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 po ssible,
in the order of precedence determined by the Board at such time.
Section J . Manner of Distribution · Any distribution after termination of the P lan
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 t he form of a Pension or a continued Pensio.n, in nontransferable annu it y 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 .
~n4. 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:
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L Upon tcnnimtioa of the Plan the Employer shall receive such amounts, if
ID)', u may remain after the llrisfaclion of an liabilities of the Plan to iu Participants and
their beneficiaries, and lriliDg out of ID)' variaaom between actual requirements and
expected aauarial requirements.
b. In the ffl=nt ofa coatn"bution made by the Employer by a mistake of fact,
IUCh coaaibution may be returned to such Employer within one (1) year after payment
tbereo{
c . If the Employer's determination letter issued by the District Director of
lntemal Revenue u to the Employer's adoption of this Plan is an initial determination
leaer and is to the effect that the Plan and Trust herein set forth or as amended prior to
the receipt of u:h 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 (l) 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.
Sections . 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 .
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ARTICLE XV
Direct Rollovers
.. s""ecn....,.·o'""n'""'l..,_. _ ___,Gen...,..,,,.eral=: This Article 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 any portion of an Eligible Rollover Distribution which exceeds
$200 paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct
Rollover . If a Distributee ' s Direct Rollover Distribution is less than $500. the Distributee ma y
only elect to Direct Rollover 100% of the Eligible Rollover Distributio n.
Section 2 . Definitions ·
a. Eligible Rollover Distribution . An Eligible Rollover Distribut io n is any
distribution of all or any portion of the balance to the credit of the Distributee. except that
an Eligible Rollover Distribution does not include : any distribution that is one of a series
of substantially equal periodic payments (not less frequently than annually) made for the
life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of
the Distributee and the Distributee's designated Beneficiary, or for a specified period of
ten years or more; any distribution to the extent such distribut ion is required under Code
Section 40 I (a)(9); and the portion of any distribution that is not includable in gross
income (determined without regard to the exclusion for net unrealized appreciation with
respect to Employer securit ies).
b E liiibl e Retirement Plan : An Eligible Retirement Plan is an individual
retirement account described in Code Section 408(a), ap indiv 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 40l(a), that accepts the Distributee 's Eligible
Rollover Distribution . However, in the case of an Eliizible Rollover Distribution to the
surviving spouse, an Eligible Retirement Plan is an individual retirement account or
individual retirement annuity .
c . Oistributee : 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 . Direct Rollover: A Direct Rollover is a payment by the Plan to one
Eligible Retirement Plan specified by the Distributee.
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e. Waivt;r of Jo Pax Notice fbc Cnbma ans ooo W soo prior to
Imm I 1991) gr Ice· lfa distrilulioa ia aaeto wbicb Code Sections 40l(aX11) and
417 do not apply, such distn"bution may Cl)llllllft! i,e lea drm thirty (30) days after the
notice required under Treasury ReanJation Sedioa 1.41 l(a)-l l(c) is given, provided that:
(1) the Board clearly informs the Participant that the Participant has a
right to a period of It least thirty (30) clays after receiving the notice to consider
the decision of whether or not 1D elect a distnluion (and, if applicable, a
particular distnoution option), and
(2) the Participant, after receiving the notice, affirmatively elects a
distnllution .
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IN WITNESS WHEREOF, mi u conclusive evidence oftbe adoption oftbe foregoing
instrument comprising City ofEnglewoocl Firefighters Pension Plan (As Amended and Restated
Jammy 1, 1999). the Employer bas camed its seal to be affixed hereto and these praents to be
duly executed in its name and bebalf'by its proper officers thereunto authorized this __ day of
____ _,19_.
ATTEST : CITY OF ENGLEWOOD , COLORADO
By ___________ _
City Cleric -Lo\x:rishi.a A. Ellis Mayor -nx:m,.s J. Burns
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ORDINANCE NO._
SERIES OF 1999
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BY AUTHORITY
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COUNCIL BILL NO . 49
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING THE ADOPTION OF AN AMENDED CITY OF
ENGLEWOOD POLICE OFFICERS' 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 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 level
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 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 :
Sectjon J. 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 "Exlubit A ." and
said Plan is hereby accepted and approved by the Englewood City Council.
Sectjon ?. 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 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.
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Published as a Bill for an Ordinance on the 20th day of August, 1999.
Read by title and paaaed on final reading on the 7th day of September, 1999.
Publiahed by title as Ordinance No._ Series of 1999, on the 10th day of
September, 1999.
Thomas J . Bums, Mayor
ATTEST:
Loucrishia A. Ellis. City Clerk
I. Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _ Series of 1999.
Loucrishia A. Ellis
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CITY OF ENGLEWOOD
POLICE PENSION PLAN
(AS AMENDED AND RESTATED EFFECTIVE JANUARY 1 J999l
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PREAMBLE
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City of Englewood
Police Pension Plan
<As Amended and Restated Effective January I 1999)
TABLE OF CONTENTS
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Page No .
ARTICLE I Purpose and Definitions ...................................................................................... 1-1
Section 1. Purpose ...................................................................................................... 1-1
Section 2 . Definitions ................................................................................................. 1-1
Section 3 . Construction ............................................................................................... 1-4
ARTICLE II Service Credit ................................................................................................. 11-1
Section I . Service ..................................................................................................... II-I
Section 2 . Break in Service ........................................................................................ 11-l
Section 3. Loss of Service .......................................................................................... II-I
Section 4 . Military Service ........................................................................................ II-I
Section S. Overtime ................................................................................................... Il-2
Section 6 . Fractional Years ........................................................................................ Il-2
ARTICLE m Participation Requirements ........................................................................... ID-I
Section I. Participation Originating Under the Previous Plan ................................... ID-I
Section 2 . Cessation of Participation and Reentry ................................................... ID-I
Section 3 . Effect of Disability or Death Benefits Payable From Another Plan .......... ID-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 Picked 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 S. Supplemental Disability Pension Amount ................................................. V-2
Section 6 . Supplemental Disability Pension Commencement.. ................................... V-3
Section 7 . No Decrease in Benefits ............................................................................ V-4
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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 VIl Death Benefits ............................................................................................ VIl-1
Section I . Death Benefit for Surviving Spouse or Dependent Parent.. ..................... VIl-1
Section 2 . Death Benefit for Dependent Children .................................................... vll-1
Section 3 . Death Benefit after Eligibility for a Deferred Vested Pension ................. VIl-1
Section 4 . ProofofDeath ........................................................................................ VIl-2
ARTICLE VIIl Contribution Accumulation Refunds ........................................................ VIll-1
Section I. Contribution Accumulation Refund to Participant.. ............................... VITI-I
ARTICLE IX Administration by Board ofTrustees ............................................................ IX-I
Section I. Establishment and General Duties ........................................................... IX-I
Section 2 . Members ................................................................................................ IX-I
)
Section 3 . Terms ...................................................................................................... IX-I
Section 4 . Meetings ................................................................................................. IX-I
Section 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
• Section 11. Report of Board .................................................................................... IX-3
ARTICLE X Trust Fund ....................................................................................................... X-1
Section I. Establishment of Trust Fund ...................................................................... X-1
Section 2 . Payment of Contributions to Trust Fund .................................................... X-1
ARTICLE XI Special Governmental Requirements ............................................................ XI-I
Section I. Maximum Annual Benefit Under Code Section 415 ................................ XI-1
ARTICLE XII Guarantees and Liabilities .......................................................................... XII-I
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Section 1. Nonguarantee of Employment ................................................................ XII-I
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Section 2. Rights to Trust Assets ............................................................................ XII-I
Section 3. Nonalienation ofBenefits ....................................................................... XII-1
ARTICLE X1Il Amendments ............................................................................................ XIIl-1
Section 1. Right to Alnend ..................................................................................... XIIl-1
ARTICLE XIV Withdrawal and Termination ................................................................... XIV-I
Section l . Plan Terminalion .................................................................................. XIV-I
Section 2. Allocation of Assets Upon Plan Termination ........................................ XIV-I
Section 3. Manner ofDistnoution ......................................................................... XIV-I
Section 4 . Amounts lletumable to the Employer ................................................... XIV-I
Section 5. Applicable Law .................................................................................... XIV-2
ARTICLE XV Direct Rollovers ......................................................................................... XV-1
Section I . General .................................................................................................. XV -1
Section 2. Definitions ............................................................................................. XV -1
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City ofEnglewood
Police Pension Plan
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(As Amended and Restated Effective January \ 1999)
PREAMBLE
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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, Article 30, Part 3 of the Colorado Revised 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 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 :
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ARTICLE I
Pucpose and Definjtiom
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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 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 .
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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 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 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 Date ( or date of actual
retirement if later), which an Employee has accrued at any time under the provisions of
the Plan, regardless of his vested status, determined as ifhe had then terminated
employment.
b. Actuarial (or Actuarially} 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 arc defined below unless otherwise specifically provided
in the Plan .
02-29111.06
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%).
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Monaljty assumption -
(1) Effective July 1, 1999, the monality assumption used for purposes
of computing optional forms of benefit payments shall be a unisex rate that is
50% male, 50"/o female, taken from the 1983 Group Annuity Monality Table.
Prior to July l. 1999 such monality assumption shall be the UP-1984 Monality
Table.
(2) Solely for purposes of Article XI hereof, on and after January 1,
1995, the monality assumption for calculation shall be a unisex rate that is fifty
percent (50"/o) male. fifty percent (50"/o) female, taken from the 1983 Group
Annuity Monality Table.
=c·~-=B_oar~d : The Board of Trustees established under Anicle IX hereof
d. Code or Internal Revenue Code · The Internal Re venue Code of 1986 , 26
USC ( 1986 ). as amended from time to time
e. Compensation : All base pay (as defined in the City of Eng lewood 's
PersoMel Policy and Procedures) received by the Participant for his Covered
Employment, including longevity pay, holiday pay , sick pay, and vacation pay taken in
the normal course of employment. and shift differential. but Compensation shall exclude
compensat ion for overtime (or compensation in lieu of ovenime required under the Fair
Labor Swldards Act). clothing allowance, lump-sum amounts paid in lieu of
lated vacation. holidays. and sick leave. and compensation imputed as a result of
the hr. fthe Employer 's automobile A Participant 's Compensation shall
&miOU:n!S deferred as to such Partic ipant under Code Section l::?5 , Code
C Section 4 l 4(h ), ex cept to the extent such amounts would be
1 med iate! preceding sentence Compensat io n taken into account
t cstcccd S:00.000. adj usted fo r changes in the cost of li ving as
n ~ 15 d). for the purpose of calculating a Participant 's Accrued
Pension (in an the n ght t an y optional benefit provided un der the Plan ) for any Plan
Y car commencing after December 3 I , I 9 3
In addition to other appl icabl e limitations set fonh in the Plan . and
notwithstand ing an y other provision of the Plan to the contrary, for Plan Years beginning
on or after January I, 1996. the aMual compensation of each ·'Noneligible Participant"
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 S 150,000, as adjusted by the Commissioner for increases in the
cost of living in accordance with Code Section 40 I (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 . If a determination period consists of fewer 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
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"Noneligible Participant" is any Participant who first became a Participant in the Plan
during a Plan Year beginning on or after January 1, 1996 .
Effective January I, 1989, through December J 1, 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 "family" shall 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, 1989 through December
J 1, 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 Compensation as determined under this Section
prior to the application of this limitation.
f Contribution Accumulation : The Participant 's aggregate contributions,
plus five percent (5%) simple interest on the total amount .
g. Covered Emplovment : The employment category for which the Plan is
maintained, which is regular emplo yment with the Employer as a paid member of the
Employer 's Police Department and includes all certified personnel within the Pol ic e
Department hired prior to April S, I 978 . Excluded are leased employees 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 , any
disability , and any known injury or illness, which pre-existed the Employee's
employment with the City, shall be disregarded .
I. Effective Date : January I. 1999 .
j . Employee : An y person whose Covered Employment with the Employer
commenced prior to April 8, 19 7 8, 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 414(n)(2). Notwithstanding the foregoing, if such leased employees
constitute less than twenty percent (20"/o) of the Employer 's nonhighly 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 . Employer : City of Englewood. Colorado.
I. Final Monthlv Compensation : The result obtained by dividing the total
Compensation paid to an Employee during his final twelve consecutive months of
Covered Employment by twelve .
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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 begiMing with the first Limitation Year begiMing after
1982 .
n. Normal Retirement Date : The date when a Participant has attained his
fifty-fifth (55th) binhday 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 m hereof
p. Pension : A series of monthly amounts which are pa yable 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 1.
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 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 n
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 .
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ARTICLE II
Service Credit
Section 1 Service : 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 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 Anicle II, Section 3.
below; and
c . Any credit called for under federal law for an absence due to military duty .
Section 2 . Break in Service : An Employee shall have a break in Service if his Covered
Employment with the Employer is terminated. An Employee's authorized leave of absence shall
not result in a break in Service; however, 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 Service; however, the Employee will not
receive any Service credit during any such absence without pay .
Section 3 . Loss of Service: If an Employee has a break in Service prior to having five
(5) years of Service, or after ha .. ing five (5) years of Service but with such break resulting in a
refund of his Contribution Accumulation, he shall lose credit for his prior Service, 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).
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Section S Overtime: No period of Service shall be deaned to be increased or extended
by overtime.
Section 6 Fractional Years: In determining Service credit, Service for hctional years
shall be allowed on the basis of one-twelfth (1/12) of one year for each full calendar month of
such Service.
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ARTICLEm
Participation Jlcquirerneots
s,gjgn 1. Putjcjpatjon Originatina Under the Previous Plan : Employees in Covered
Employment who were Participants in the Previous Plan immediately prior to the Effective Date
lhall automatically become Participants in this restated Plan as of the Effective Date.
$ection 2 Cpptjon of Participation and Reentry : Ifa Participant leaves Covered
Employment. he will cease his participation in this Plan, and will not again become a Participant.
(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 Anicle V, Section 5 hereof shall be payable
from this Plan to or with respect to such Participant .
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ARTICLE IV
Contributions
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Section J. Conq,outions by Employer and the State of Colorado : The City of
Englewood shall make contributions to the Trust Fund adequate to finance the benefiu provided
by the Plan on a sound actuarial basis. The required contnbutions 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.
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Section 2 Contributions by Particjpants : Each Plan Participant 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. Pupcipant Contributions Pjclced 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 purpo~ 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 Panicipant . For purposes of determining a Participant's Accrued Pension under this
Plan, Compensation shall be as defined in Article I, Section 2.e .
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ARTICLE V
Pension Benefits
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Section 1. Normal 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
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 forth
the facts entitling such Participant to a Pension hereunder . The application shall specify the
time, neither less than ninety (90) nor more than one hundred eighty ( 180) days subsequent to the
filing of the applicat.ion, when the Participant desires to be retired . The Board 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 Normal Pension will
commence the first day of the month following the Participant's actual Retirement . 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. Normal 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"/o) of the Participant's Final Monthly Compensation
multiplied by the Participant 's first twenty (20) years of service, plus one percent (I%)
for each additional year of service, to a maximum of sixty-five percent (65%) ofFinal
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
terminated prior to his eligibility for a Normal Pension but after he becomes vested in a Pension
benefit under the following vesting schedule :
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v estjng Schedule
A Participant's vested interest is determined, 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
O°/c,
100°/c,
Service as used in Anicle 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 fift y-fi ve (5 5) ifhe is li v in g ; however, if the
Participant requests a refund of his Contribution Accumulation under Anicle VIIl, Section l.b .
hereof, he shall forfeit such Deferred Vested Pension . lfa 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 Partic ipant 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 F inal Monthly
Compensation .
Section 5 Supplemental Disability Pension Amount : This Section 5 . shall not be
effective for Plan Years beginning on or after January 1, 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
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Disability Pension shall receive a monthly Pension equal to twenty percent (20"/o) of his
Compensation being received at the date of his Disability.
Section 6 . Supplemental Disability 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.
Ifa 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 partial payment prorated
from his date of disability to the end of the month. The Supplemental Disability Pension amount
shall be paid monthly until the Participant attains his '.'formal Retirement Date. Payment of the
Supplemental Disability Pension shall cease should it be subsequentl y determined that. by reason
of retraining, improvement in condition, or for any other reason, the Participant 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 Participant 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 . 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.
b.
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0%0 29211 .06
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%) of the base salary provided to an active Participant 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
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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 Effective
Date of this restated Plan.
Section 8 . Increases in Benefits: Provided that the Trust Fund is properly funded as
provided in Anicle 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-living increase in the Accrued
Pension being paid to any Participants 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 thirty
(30) days after the date of receipt of a favorable determination letter from the Internal
Revenue Service for the Plan .
~b·~-~T~it=le~: The program set forth in this Section 9 ma y be referred to as the
"DROP ."
c . Applicabilitv : The provisions of this Section are applicable with respect to
those otherwise eligible Participants of the Plan whose election to participate in the
DROP occurs on or after the effective date contained in Section 9.a., of this Anicle V.
An "Eligible Participant" is any Participant who has attained the Normal Retirement Date
in accordance with Article I, Section 2.n. A "Participating DROP Member" is any
Eligible Participant 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 Participant 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.
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e. Panicipation: An Eligible Participant may panicipate in the DROP only
once.
An Eligible Participant may elect to panicipate in the DROP upon 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 Term : The duration ofa Participating DROP Member 's panicipation in
the DROP shall not exceed a total of five years. As a condition 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, which shall , among other items,
clearly and unequivocally state that the Participating DROP Member must retire no later
than the date prescribed in the agreement which may not exceed the fifth anniversary of
the Participating DROP Member's participation in the DROP , and the Partic ipating
DROP Member shall also acknowledge that no disbursement of an y DROP funds can
occur absent the retirement or death of the Participating DROP Member
g. Interruption of Part icipation : If the Participat ing DROP Member"s
participation in the DROP is interrupted by military service, there shall be no in terrupti o n
of membership in the DROP . Such a Participating DROP Member 's Pension shall
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 employment with the Employer, 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 l 4(u). In no event, however,
will the tenn ofpanicipation of a Participating DROP Member exceed the term elected
under subsection f.
h . Effect on Panicipation in the Plan : Upon commencement of the Eligible
Participant 's participation 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 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 Article V and the Participant 's
contribution provided in Article IV 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
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each Panicipating DROP Member. Such DROP accoum shall be adjusted, no less
frequently than aMually, 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. Fonn of Payment : For purposes of this Section 9, a "Retiree" is a
Panicipating DROP Member who terminates employment or reaches the five-year limit
for panicipation 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 unt il 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 of 70 11:z .
(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 Payments 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 Reguired Distribution : Account balance is
distributed as periodic pay ments 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 Pavments : 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(aX9) and the
regulations thereunder, including minimum distribution incidental death benefit
requirement of Proposed Regulation Section l.401(a)(9)-2. The minimum distribution is
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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 40I(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 fonn of payment within 30 days of
termination of employment or expiration of the five-year limit for participation in the
DROP , a lump sum payment shall be made .
All distributions need to follow the distribution guidelines from the Fire and
Police Pension Association .
n. Participating DROP Member's Death : Spousal Beneficiarv : lfthe
Participating DROP Member dies during the period of the Panicipating DROP Member's
participation in the DROP and the Participating DROP Member 's designated beneficiary
is the Participating DROP Member 's survi ving spouse to whom the Participating DROP
Member was legally married at the time of the Partic ipat ing DROP Member 's death , the
Participating DROP Member 's designated benefic iary shall receiv e, at the benefici ary's
option, a lump sum payment from the deceased Participating DROP Member 's individual
DROP account balance or equal monthly installment payments from the deceased
Participating DROP Member's individual DROP account over a period not to exceed the
spouse's life or life expectancy. Ifno selection is made by the designated beneficiary
within 60 days of death of the Participating DROP Member. a lump sum payment shall
be made .
o Participating DROP Member's Death · Non-Spousal Benefic iarv · A
married Participating DROP Member ma y designate someone other than his spouse to be
a primary beneficiary, provided spousal consent as prescribed in Article Vlll. Section l.b .
is obtained . If the Participating DROP Member dies during t he period of the Partic ipat ing
DROP Member's participation in the DROP, and the Participating DROP Member 's
designated beneficiary is someone other than the Participating DROP Member's
surviving spouse to whom the Participating DROP Member was 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
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Participant under federal law, state law, city ordinance, or any rights or benefits under
any applicable collective bargaining agreement.
[. Rc;troactivitv <Back-DROP):
For purposes of this Section 9 .r., "Retroactive Participation Date" means
January l, 1999, or such later date, as would have been on or after an Eligible
Participant's retirement date, but prior to the Effective Date of the DROP, and which was
selected by the Eligible Participant to commence participation in the DROP.
Notwithstanding Section 9 .a ., of this Article V, an Eligible Participant who would
have qualified for the DROP on his Retroactive Participation Date, had the DROP been
in effect on that date, may elect to have his 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 Participant 's
Retroactive Participation 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 . Ifa Participating DROP Member elects to have the one-
time lump sum payment deposited into his DROP account, the five-year period specified
in Section 9 .f of this Anicle V will begin to run, not on the date of such election, but on
the Participating DROP Member's Retroactive Participation Date .
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ARTICLE VI
Fonn of Payment
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Section l Normal Fonn of Pension -Sin&Je Life : Unless Article VI, Section 2. hereof is
applicable, any Pension accrued under Article V hereot: will be paid as a Single Life Pension .
Under this fonn of Pension, monthly payments are made to the Participant during the remaining
life of the Participant.
Section 2. Involuntary Cash-outs or Involuntary Payments Less Frequently Than
Momhh'.: If a Pension payable under this Plan is less than One Hundred Dollars (S 100) 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.
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Death Benefits
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Section 1. Death Benefit for Surviving Spouse or J)eJ)endent 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) ofthe monthly Pension of the retired
Participant at the time of his death so long as the surviving spouse or dependent parent rl:fflains
unmarried. If such payment is to be made to two dependent parents, it shall be divided equally
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 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 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 J . 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, ifno 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
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forth in Section 1. of this Article VU to begin on the first day of the month following the date the
Participant would have mained age fifty-five (55).
Smion 4 Proof pf 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 Boud shall be fully protected in relying thereon . In the absence of such proo( the Board
may rely upon such other evidence of death as it deems necessary or advisable .
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ARTICLE VIII
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Contribution Accumulation Refunds
Section 1. Contribution Accumulation Refund to Participant :
a. Prior to E!iajbj)jty 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 Eligibility 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 effective unless his spouse (ifhe 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 . lfa
Participant 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 Participant's Disability under Section 31-31-803, Colorado Revised
VIII-I
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Statutes(and prior to May 23, 1996, under Section 31-30-1007, Colorado Revised Statutes), then
the Participant shall forfeit his Contribution Accumulation .
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ARTICLE IX
Administration by Board ofTrustees
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Section 1 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 Mayor ofche Employer, (b ) the
Director of Finance of the Employer, who shall be treasurer of the Trust Fund. (c) one Member
appoimed by the City Council and (d) three (3) Members who are active, retired or deferred
vested Participants . Such Participant members shall be elected by a majority vote of the
Participants hereunder . The Chairman shall be elected by the Board .
Section 3 . Tenns : 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(!) member for three (3) years, one(!) 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.
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Section S. Quorum : A majority of the members of the Board shall constitute a quorum.
Section 6 Majority Vote : All actions taken by the Board shall be by a vote ofa majority
of those present at such meetings, except that no member of the Board shall vote on any 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 compensation for his
service on the Board but a member may be reimbursed for reasonable expenses incurred in
COMection 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
terms, including, but not by way of limitation, the following :
a . To interpret the provisions of this Plan and to determine any question
arising under the Plan, or in connection with the administration or operation thereof;
b. To determine all considerations affecting the eligibility of any Employee
to be or who becomes a Participant of the Plan ;
c . To determine the Service credit of any Participant 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 malce 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 ;
g. To create reserves for such assets for any purpose;
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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 tJUst, 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 usist 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 IO . 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 . Report of Board: The Board shall make an annual report to the Employer on
the condition of the Trust Fund .
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ARTICLEX
Trust Fund
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Sectjon t Esab!ishment ofTrust Fund : A Trust Fund has been established for the
purpose of receiving conttibutions, 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 shal I 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 Anicle 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 31-30.5-211 and 31-31-701.
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ARTICLE XI
Special Governmental Requirements
Section 1. Maximum Annual Benefit Under Code Section 41 s: 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 shall
{ I) "Annual Addition" shall mean the sum of the following additions
to a Participant 's individual account forthe Limitation Year:
(a) Emplo yer contributions (including salary reduction
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 any
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 40l(h) or 4 l 9A(d), except that the 25%-of-pay limit below shall not apply
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
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the Employee or any distributions from a funded plan of deferred
compensation;
(b ) Amounts realized from the exercise ofa 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 benefits, 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 amounts are actuall y
excludable from the gross income of the Emplo yee).
Notwithstanding the preceding sentence , Earnings for a Panic ipant w ho is permanentl y
and totally disabled (as defined in Code Section 22(e)(3)) is the compensation such Participant
would have received for the Limitation Year if the Panicipant had been paid at the rate of
compensation paid immediately before becoming permanently and totally disabled ; for
Limitation Years beginning before January 1, 1997 , but not for Limitation Years beginning after
December 31, 1997, such imputed compensation for the disabled Panicipant may be taken into
account only if the Panicipant is not a highly compensated employee (as defined in Code
Section 414{q)) and contributions made on behalfofsuch Panicipant are nonforfeitable when
made .
For Limitation Years beginning on or after January 1, 1998 , for purposes of appl y ing the
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 any 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 Emplo yee by reason of Code Section 125 or 45 7.
b . Defined Contribution Plan(s) Onlv : The Annual Addition to a
Panicipant 's individual account hereunder (together with the Annual Additions to the
Panicipant 's account(s) under any other defined contribution plan (s) maintained by an
Affiliated Employer) for any Limitation Year ma y not exceed the lesser of:
(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 (25%) of the Panicipant '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
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the Employer) shall not exceed Ninety Thousand Dollars ($90,000) adjusted for
increases in the cost ofliving, as prescribed by the Secretary of the Treasury or
his delegate, effective January 1 of each calendar year and applicable to the
Limitation Year ending with or within such calendar year.
(2) Except as provided in the following, which imposes additional
limitations on the amounts payable to Participants with less than ten (IO) years of
Service, the foregoing limitation shall not be applicable 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 ($10,000)
and such Participant has not at any time participated in any defined contribution
plan (within the meaning of Section 415(k) of the Code) maintained by the
Employer .
(3) In the event that a participant has been credited with less than ten
(10) years of Service, the maximum annual Pension 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 Participant's years of Service (o r part
thereof), but never less than one (I ), and the denominator of which is ten ( I 0).
(4) (a) The limitations of this Section apply 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 Equivalent of a
single life annuity and the limitations shall be applied to such adjusted
amount.
(b ) If payment begins before the Participant's anainment of age
sixty-two (62), the limitation in c .(l) above shall be reduced on an
Actuarial Equivalent basis ; provided , however, if such payment begins
after the Participant 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 1, 1997, the
provisions of this subsection (4)(b) shall not apply to Panicipants 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.(l) above shall be the Actuarial
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Equivalent of such amount otherwise applicable at the Participant's
attainment of age sixty-five ( 65).
(d) The interest rate to be used in determining Actuarial
Equivalence shall be the rate specified in Anicle I, Section 2.b . hereof,
however, the interest rate used in determining an Actuarially Equivalent
single life amount or an Actuarially Equivalent pre-age sixty-two (62)
amount shall not be less than five percent (5%) and the interest rate used
in determining an Actuarially Equivalent post-age sixty-five (65) amount
shall not be greater than five percent (5%).
(5) In no event shall a Participant's maximum annual Pension
allowable under this Section be less than the annual Pension (including early
Pension and qualified joint and survivor annuity amounts) duly accrued by such
Participant (under Code Section 415 limitations then in effect) as of December 31 ,
1982, or as of December 3 I , 1986, whichever is greater ( disregarding any Plan
changes or cost-of-living adjustments occurring after July 1, 198:. as to the 198:
accrued amount . and ~la y •. 1986 , as to the 1986 accrued amount )
(6) For Limitation Years beginning on and after January 1, 1995 , the
provisions of subsections (3) and ( 4 )(b) shat I not appl y to Death Benefits under
Article VII.
d . Defined Benefit and Defined Contribution Plans : If, in an y Limitation
Year a Participant also participates in one or more defined contribution plans maintained
by the Employer, then for such Limitation Year. the sum of the Defined Benefit Plan
Fraction and Defined Contribution Plan Fraction (as described below) for such Limitation
Year shall not exceed one. The Defined Benefit Fraction for any Limitation Year shall
mean a fraction (a) the numerator of which is the projected annual benefit of the
Participant underthe Plan (determined as of the close of the Limitation Year). and (b) the
denominator of which is the lesser of 125% of the dollar limitation under Code Section
415(b)(l)(a) or 140% of the percentage limitat ion under Code Section 415 (b )(l)(B) for
the year of determination (taking into account the effect of Section 235(g)(4) of the Tax
Equity and Fiscal Responsibility Act of 1982). The Defined Contribution Fraction for
any Limitation Year shall mean a fraction (a) the numerator of which is the sum of the
Annual Additions to the Participant'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 235(g)(3) of the Tax Equity
and Fiscal Responsibility Act of 1982), and (b) the denominator of which is the sum of
the lesser of 125% of the dollar limitation under Code Section 415 (c)(l)(A) or 140% of
the percentage Limitation under Code Section 41 S(c)( l)(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 1, 1983 , an amount equal to the
denominator in effect for the Limitation year ending in 198:, multiplied by the transition
fraction provided in Code Section 415 (e) (6) (B)).
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U: in any Limitation Year, the sum of the Defined Benefit Plan Fraction and
Defined ConlnDUtion Plan Fraction for a Putic:ipant would exceed one without
adjustment of the unount of the maximum annual Pension that can be paid to such
Puticiplnt under parapaph c.(I) of this Section, than the unount of the maximum annual
Pension dlll can be paid to such Participant under parapaph c.( I) of this section, shall be
reduced to the extent necessary to reduce the sum of the Defined Benefit Plan Fraction
and Defined Conlnllution Plan Fraction tor such Participant to one, or the Board may
take such other actions u will cause the sum to equal one or less .
This subsection d. shall not be effective tor years begiMing on or after January l,
2000 .
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ARTICLE XII
Guarantees and Ljabjljties
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Section 1. NonlYl(IIW!C of Employment : Nothing contained in this Plan shall be
construed u 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 u a limiwion of the right
of the Employer to discharge any of its Employees, with or without cause.
Section 2 Ri1hts 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 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 o(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 .
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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: ( l) 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 usi ~nments 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 effective as well
as other provisions consistent with the purpose of Colorado Revised Statutes 14-10-113(6) .
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ARTICLE XIII
Amendments
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Section I. Ript to Amend: The Employer (or other body duly authorized by the
Employer) raerves 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 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 do 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
40l(a); provided, however, that no such amendment may be made without the consent ofat 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 .
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ARTICLE XIV
Withdrawal and Termination
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Section 1 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 40l(a) of the Code.
Section 2. Allocation of Assets Upon Plan Termination : Upon termination or panial
termination of the Plan, the benefits accrued up to the date of termination by the affected
Participants and their beneficiaries. respectively, shall be nonforfeitable , 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 pan, to the elCtent 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 fonh below:
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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 Puticipants and
their beneficiaries, and arising out of any variations between actual requirements and
expected ICbWial requirements .
b. In the event of a contribution made by the Employer by a mistake of fact.
such contnl>ution may be returned to such Employer within one (I) year after payment
thereof
c. If the Employer's determination letter issued by the District Director of
lntemal Revenue u to such Employer's adoption of this Plan is an initial determination
letter and is to the etfect 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 40 I ( a) and 50 I ( 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.
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ARTICLE XV
Direct Rollovers
zS=ect=io=n~l~. __ Gen=e=ral=: This Article applies to distributions made on or after January 1,
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 any portion of an Eligible Rollover Distribution which exceeds
$200 paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct
Rollover . If a Distributee ' s Direct Rollo ver Distribution is Jess than $50 0 . the Distributee ma y
only elect to Direct Rollover 100% of the Elig ible Rollover Distribution .
Section 2 . Definitions :
a. Eligible Rollover Distribution : An Eligible Rollover Distribution is an y
distribution of all or any ponion of the balance to the credit of the Distributee. except that
an Eligible Rollover Distribution does not include : any distribution that is one of a series
of substantially equal periodic payments (not less frequently than annuall y) made forthe
life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of
the Distributee and the Distributee's designated Beneficiary, or for a specified period of
ten years or more; an y distribution to the extent such d istribut ion is required under Code
Section 40l(a)(9); and the ponion of any distribution that is not includable in gross
income (determined without regard to the exclusion for net unrealized appreciation with
respect to Employer securities).
b. Eligible Retirement Plan : An E ligible Retirement Plan is an individual
retirement account described in Code Section 408(a), an individual retirement annuity
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 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 Employee or former Employee. 1n
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.
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e. Waiver of JO Day Notice for Cashouts orss QOO CV soo prior to
INIWY I, 1998) grf a,· If a distribution ii one to which Code Sections 40l(a)(l l) and
417 do not apply, u:b 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 :
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(1) the Board clearly informs the Participant that the Participant 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 .
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IN WITNESS WHEREOF, and u conclusive evidence of the adoption of the foregoing
inSbwnent comprising City ofEnglewoocl Police Pension Plan (As Amended and Restated
Effective Jumary 1, 1999), the Employer bas caused its seal to be affixed hereto and these
presmts 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 -lol.lcrishia A. Ellis Mayor-'lb::lnaS J. Burns
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 1999
COUNC IL BILL NO . 50
INTRODUCED BY CO UNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 3, CHAPTER 7, SECTIONS 3. ~ AND 5. OF
THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, City Council is considering C. B. 49. Series of 1999 . s imultaneously
with this Ordinance : and
WHEREAS, C. B. 49, Series of 1999, allows the adopuon of an amended
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 , C . B. 49 , Senes of 1999, provides plan participants the option of
participating in a Deferred Retirement Option Plan (DROP ): and
WHEREAS . this Ordinance would clarify that retirement 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 :
Sect1on I . The City Council of the City of Englewood. Colorado hereby amends Title
3, Chapter 7, Sections 3, 4 and 5, of the Englewood Municipal Code, to read as follow s :
3-7-3: RETIREMENT BENEFITS :
A"' peliee eflieer il'I ee, erea emple, mel'lt "ith the Cit, prier te Apri.l 8 . 1978. 11.l'la
.. he h11.@ 11.tteil'lea the 11.r:e ef f~ ii.e (Iii&)) ear@ 81'18 ha@ t el'lt, (2 9) er mere , ears sf
ereaitea sel'Yiee nith the El'lgleneea Peliee E>i~@tel'I , er a memher nhe has t .. el'lt,
fi. e (25) , ear@ er mere ef ereait .. ith saia El'lgle "eea Peltee E>i oisiel'I , rer:araless ef
11.ge , s h11.ll he eltgihle te reeei. e a sel'Yiee retiremel'lt pel'lsiel'I h11.11ea el'I the peliee
eflieer's iil'lttt ha11e pa,, 11.lle .. il'lr: tn e II.ft& efte half pereel'lt (2¥,9~) fer eaeh efthe arst
t .. el'lt, (29) ,eare efaeereaitea sel'Yiee, pl11s el'le pereel'lt (19') fer eaeh aaaitiel'lal ,ear
ef aeereaitea 11el'Yiee, te a ma1tim11m efsi!tey fi, e pereel'lt (659,). C11.lettl11.tinr: the hase
pl!.) meal'ls the 11.. erar:e salar, reeei. ea as 11. memher ef s11.ia E>epartmel'lt fer efte ) ear
hefere gral'ltil'lg eaia pel'lsiel'I . Pel'l@iel'I pa, mel'lts shall he maae il'I eq11al menthl)
il'IBfflilmel'lts te the memher.
RETIREMENT BENEFITS AND QUALIFICATIONS FOR THOSE BENEFITS
SHALL BE PROVIDED IN A SEPARATE PLAN WHICH SHALL BE ADOPTED BY
ORDINANCE .
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3 7 4. bKh\lING SKR'/ICK PRIOR TO KbIGIBlbITY.
Shettlri 11n) peliee e!Jieer in ee,ereri emple,ment .. ith the Cit, prier te Apri:18 , 1978,
.. he le11, es the sel'Yiee ef the Cit) prier te heeeming elir;,hle te reeei, e II pensien. far
11n) re11een ether th11n rie11th , 11nri sa1ri member h11s Iese th11n 6, e (6) ) e11rs ef
ereriiteri semee 11t termin11tien. he sh11H 1,e entitled te II refttnri ef ms tet11I
eentriht1tier1 .. ithettt interest, er if s111ri member h11a fi, e (6) er mere ) e11rs ef ereri.iteri
sel'Yiee 11t termir111tien , sairi e!Jieer m11) eleet either.
A-:-Te reeei. e riefeireri menthi, benefits pa) ahle he~nning 11t 11,;e fiA.) 6, e (66 )
l,aseri t1pen the member's fin11I base pll). 11He,11ng t" e 11nri ene h11lf pereent
tl!'I,%) fer e11eh ef the nrst t" ent) (28)) e11n ef 11eereritteri se!'Ylee pltts ene
pereent (19~) far e11eh 11ririitie1u1I) e11.r ef 11ee1 eri1teri ~en'lee te 11 11111.u1111:1111 ef
si!!tt) H, e pe1 eent (6690 ef h11se pa) . er
Be Reeei, e II refttnri ef ms tet:111 eent"htttiens .. ith tr1teret1t . ,f 8ft), thereeH . !13 1118)
he rietermineri h) the Beard ef Trttstees ef sairi Fttnri .
3-U 3-7-4: POLICE PENSION FUND:
In lieu of the provisions of title 31. article 30, section 312 , C .R .S ., 197 3 . the Boa rd of
Trustees of the Policemen's Pension Fund of this Municipality s hall be governed by
the following provisions: ·
The Board of Trustees of the Policemen's Pension Fund in this Muruc1pality s hall
have power to draw on such Pension Fund, from the treasurer of the Policemen's
Pension Fund, and may invest the same, or any part thereof, m the name of the
Board of Trustees of the Policemen's Pension Fund, in any security , bond . debenture.
corporate obligation, stock, preferred or common, secunties of any open-end or closed-
end management-type investment company or investment trust and participations
in common trus t 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 less
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 subject to the order of said Board .
Sectjon 2. Safety Ciauses The City Council . hereby finds . determines . and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 3. Seyerabjlity If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
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8ection 4 Inconsistent 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.
$e<;tion 5 . Effect, of repeal or modjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify , or change in whole or in part any penalty , forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions. suits, proceedings , and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. fenlt.ltx . 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 .
Read by title and passed on final reading on the 7th day of September. 1999.
Publiahed by title as Ordinance No._, Series of 1999, on the 10th day of
September, 1999.
Thomas J . Burns, Mayor
ATTEST:
Loucrisbia A. Ellia, City Clerk
I. Loucrishia A. Ellia. 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
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ORDINANCE NO._
SERIES OF 1999
BY AUTHORITY
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COUNCIL BILL NO . 51
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 3 . CHAPTER 8. SECTION I. SUBSECTIONS
3 , 4 AND 5 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 .
WHEREAS, City Council is considering C. B. 48 , Series of 1999, simultaneously
with this Ordinance; and
WHEREAS , C. B. 48 . Series of 1999 , allows the adoption of a n 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 , C. B. 48, Series of 1999, also proV1des plan participants the opt10n of
part1c1patmg in a Deferred Retirement Option Plan (DROP); and
WHEREAS. this Ordinance would clarify that retirement benefits and the
qualifications for those benefits are provided m a separate plan:
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood , Colorado hereby amends Title
3, Chapter 8 , Section 1, Subsections 3, 4 and 5, of the Englewood Municipal Code. to
read as follows:
3-8-1-3: RETIREMENT BENEFITS :
,'Jt) firefighter .. he hell attained the llge eHiit, (69) ) earll and hell to. ent) (all) er
mere ) earll ef eredi~d !lel'\ iee llhMi l,e eligil,le te reeei. e a llel'Yiee ret.irement pen111en
eased en the emple, ee's finel eeee pa,, aHe .. ing t .. e and ene half pereent (a'M') fer
eeeh efthe firet to.en~ (lall) ,eerll eferedited sel'Yiee , 11h18 ene 11ereent (H,) fer eaeh
addit1enal )ear eferedi~d sel'Yiee, tea ma.tim11111: efsi,it, 11.e pereent (6i;q,).
C!llettl!lting the l,eee pa, 111:eenll the !lme11nt ef his,ther menthl, B!ll!lr, !18 ef the !late
ef his.'her retirement. Pensien p!l) ments sh!lH Ile l!l!lfte in eti 11al menthl)
icnst!lllments te the 111:eml,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: bEA'RNG SERm{;E PRIOR TQ Eb1G1Blb1TY.
Shettld an, 11lan meml,er htred prier te April 8, 1978, lea, e the lleP\ iee ef the Cit,
prier te heeeming eligihle te reeei. e a peneien pa) ehle &em the Firefigh~Pll' Penllien
F11nd , fer an, reasen ether then death, end said memher hH Iese then fi, e (6) , earll
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ef e!'etiiteti seMee st termicnstien , 3fti!i fH"efir;hte!' shall Ile entitle ti te II refttnti ef
hi.sifle!' aeettmttlateti eent!'illtttien te the 6nr;le .. eeti Ficrefir;hte!'s ' Pens1en Fttnti. The
te!'l'ft aeettmtl'.iateil. eent!'illtttiens 3haH mean the sttm ehaiil. fH"e6:r;hters ' eentrilltttien
te the Ficrefir;hters' Pensien Fttnil. ter;ethe!' .. ith interest, if an). thereen , as ms) l,e
tietermicfteil. ll) the Ficre6:r;hters ' Pensien Besril..
If 88tii b!'efir;hte!' has 6:. e (&) er mere ) ears ef e!'eil.iteil. seMee st terminatien . the
6:retir;hte!' ms) eleet eithe!'.
A, Befe!'!'eil. menthl) 1,enefit pa_. sl,le ller;iruttnr; st age fift) (&8) l,ase!l ttpen the
memlle!''s finsl l,sse pa), aHe .. inr; t .. e snil. ene haUpereent (2*1,9~) fep eseh sf
the b!'st t .. ent_, (28) )ea!'s efere!liteti seMee pltts ene pereent (1%) fer eaeh
sil.tiitiensl )eB!' ts a maximttm ehiltt) 6:,e pe!'eent (6&%) efl,sse pa), er
~ Reeei. e a pefttnil. sf hi.sifler 11eet1mttlsteti eentf'illtttiens as 3et ettt see. e .
~ 3-8-1-4: VOLUNTEER FIREFIGHTERS PENSION FUND:
A. There is hereby created a special fund to be known as the Volunteer
Firefighters Pension Fund for the purpose of paying s tatutory benefits to
volunteer firefighters under conditions as provided by title 31. a rticle 30 . part
4 , C .R.S ., 1973 .
B. Benefits for all volunteer firefighters retired before December 31 , 1974 , shall be
expended from funds received from the State in the annual allotment provided
in title 31 , article 30, part 4, C.R.S., 1973.
C . Beginning January I , 1975, the City shall make contributions to the Volunteer
Firefighters Pension Fund as determined necessary to annually fund the
pension benefit accumulations of the volunteers. The contribution shall be
based on an actuarial study to be done at least every three (3) years . Pension
benefits to volunteers retiring after January 1, 1975, will be paid from these
contnbutions.
Section 2. Safety Clauses The City Council, hereby finds. determines , and
declares that this Ordinance 1s promulgated under the general police power of the
City of Englewood , that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 3. Seyerebjlity 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 .
Sectjon 4 lnconsjstent 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.
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Section 5. Effect of repeal or modjficatjon 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 bee.n 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, a nd
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. fl:Daltt . The Penalty Provision ofE .M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced, read in full , and passed on first readi ng on the 16th day of Augus t ,
1999.
Published as a Bill for an Ordinance on the 20th day of August . 1999 .
Read by title and passed on final reading on the i th day of Se pte mbe r , 1999 .
Published by title as Ordinance No .~ Series of 1999, on the 10th day of
September, 1999 .
Thomas J . Bums, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 1999.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 1999
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COUNCIL BILL NO. 53
INTROD UC ED BY COL NCIL
MEMBER BRADSHAW
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE XV , SECTIONS 13 7:2 (i)
AND 138:3 (a ) OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD .
WHEREAS , Brandon Bole , Michelle Smith and Charles Butler have submitted an
initiative petition: and
WHEREAS, the Englewood Home Rule Charter and State Statutes provide that
this matter be forwarded to the Englewood City Council after the City Clerk certifies
the validity and sufficiency of such initiative petition; and
WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of
the initiative petition ;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
Section J There is hereby s ubmitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 2. 1999 , a proposed
amendment to the Charter of the City of Englewood , as follows:
Question No
Shall Article XV , Sections !37:2(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 lure . fire ,
transfer, suspend, lay-off, recall, promote, discharge , assign, reward. discipline 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.
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138:3 (a). The City Council shall appoint hearing officers who shall have
demonstrable ability in labor and employee relations to hold heanngs and make
findings and determinations with respect 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 positton should be part of a bargaining
unit, that dispute shall be resolved by a heanng 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 dec1s1on .
___ Yes No
Section 2. Each elector voting at said election and desirous of voting shall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used .
Section 3 The proper officials of the City of Englewood shall 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 .
Sectjon 4 Only if the question 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.
Section 5. If any section. paragraph. claUlle , or other portion of this Ordinance is for
any reason held to be invalid or unenforceable , the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, read in full , and passed on first reading on the 16th day of August,
1999 .
Published as a Bill for an Ordinance on the 20th day of August, 1999.
Read by title and passed on final reading on the 7th day of September, 1999.
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Published by title as Ordinance No.~ Series of 1999, on the 10th day of
September, 1999 .
Thomas J . Burns. Mayor
A'ITEST:
Loucriahia A . Ellia, City Clerk
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I . Loucriahia A . Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 1999.
Loucriahia A. Ellis
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ORDINANCE NO ._
SERIES OF 1999
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COUNCIL BILL NO. 55
INTRODUC1,) BY ~O~
MEMBER~~
A BILL FOR
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AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO , AUTHORIZING THE
ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE AGGREGATE PRINCIPAL AMOUNT
OF $612,000.00; PRESCRIBING THE FORM OF THE BONDS: PROVIDING FOR THE
PAYMENT OF THE BONDS FROM SPECIAL ASSESSMENTS IMPOSED UPON PROPERTY
WITHIN PAVING DISTRICT NO . 38 AND MAKING CERTAIN COVENANTS IN CONNECTION
TIIEUWl'fff; PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN
CONNECTION WITH THE BONDS.
WHEREAS, the City of Englewood . Arapahoe County, Colorado (the "City"), is a home rule
municipality and political subdivision of the State of Colorado (the "State"), duly organized and
operating under the Charter of the City (the "City Charter") and the constitution and laws of the
State; and
WHEREAS , by Ordinance No . 34. Series of 1997, as amended by Ordinance No . 54, Series
of 1998, the City Council of the City has created Paving District No. 38 (the "District") within the
City for the purpose of constructing and installing street paving, curb, gutter, sidewalk and storm
drainage improvements, t.lJlether with necessary incidentals (the "Project") and assessing the costs
thereof against the real property included in the District; and
WHEREAS, in accordance with the requirements of Section 20 of Article X of the State
Constitution, at an election duly held on November 4, 1997, a majority of the votes cast by the
registered electors who were owners of property within or residents of the District approved the
special assessment bonds; and
WHEREAS. pursuant to Section 110 of the City Charter. the bonded debt of the City may be
sold in such manner that is of best advantage to the City, by negotiated sale, competitive sale or
private placement; and
WHEREAS , after consultation with George K. Baum & Company, the City Council has
determined that sale of the bonds by negotiated sale is of best advantage to the City and to the
District, as set forth herein; and
WHEREAS, none of the members of the City Council have any potential conflicting interests
in connection with the authorization. issuance, or sale of the bonds, or the use of the proceeds
thereof; and
WHEREAS, the City Council desires to authorize the execution of the necessary and
appropriate documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENGLEWOOD ,
COLORADO , ORDAINS:
Section 1. Definitions. The following terms shall have the following meanings as
used in this Ordinance:
"Be11eficial Ow11.er" means any person for which a Participant acquires an interest in the
Bonds .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
September 7 , 1999 Proposed Bill For An Ordinance
Authorizing the Issuance Special
11 ai Assessment Bonds in the amount of
$612,000.
lnltllad By Staff Source
Department of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Thia bill for an ordinance authorizing the City of Englewood to issue $612,000 in special assessment bonds for Paving District
38. A ballot question requesting affected voters approve the issuance the bonded debt to finance improvements in Paving
Dis1rict 38 was passed in 1998 by a vote of 8 to 6 .
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance authorizing the issuance special assessment bonds in
the amount of $612,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood Cherter required a majority affirmative vote of the affected electors in the Paving District to issue
general obligation debt (Article X. Part Ill , Section 104). Thia issue was submitted to the eligible voters in Paving District 38
on November 4 , 1997 and passed 8 to 6 .
No other alternative funding mechanism has been identified.
FINANCIAL IMPACT
This bond issue will be repaid from special assessments collected from those benefited by this project.
UST OF ATTACHMENTS
Proposed bill for an ordinance
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"Bo11.ds" means the Paving Dis trict No. 38 Special Assess ment Bonds. Series 1999. dated
October 1, 1999, authorized herein.
• Bo11d Account" means the "Paving District No . 38 Bond Account" created in the section
hereof entitled "Creation of Accounts ."
"Bo11.d Cou11sef' means (a) as of the date of issuance of the Bonds. Kutak Rock , of Denver,
Colorado, and (b) as of any other date, Kutak Rock or such other attorneys selected by the City with
nationally recognized expertise in the issuance of municipal bonds .
"Bo11d Purchase Agreeme,it" means the agreement between the Original Purchaser and the
City, dated as of the date of second and final reading of this Ordinance, concerning the offer and s ale
of the Bonds.
"Business Day" means any day other than (a ) a Saturday or Sunday or (b) a day on which
banking institutions in the State are authorized or obligated by law or executive order to be close d
for business.
"Cede' means Cede & Co ., the nominee of DTC as record owner of the Bonds. or any
succeasor nominee of DTC with respect to the Bonds.
"City" means the City of Englewood , Colorado.
"City Charter" means the Charter of the City of Englewood , Colorado.
"City Cou11.cii means the City Council of the City .
"Code" means the Internal Revenue Code of 1986 , as amended . Each reference to a section
of the Code herein shall be deemed to include the Uruted States Treasury Regulations proposed or
in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context
clearly requires otherwise.
"C.R.S." means the Colorado Revised Statutes. as amended and supplemented as of the
date hereof.
"District" means "Paving District No . 38" created pursuant to Ordinance No . 34 , Series of
1997, as amended by Ordinance No. 54 , Series of 1998 of the City.
"DTC' means the Depository Trust Company, New York , New York , and its successors and
assigns, which shall act as the initial securities depository of the Bonds .
"DTC Bla11ket Letter of Represe,itatio,is" means the agreement between the City and DTC
whereby the City agrees to comply with DTC 's operational requirements .
"Eue11t of Default" means any of the events specified in the section hereof entitled "Events of
Default."
"Federal Securities" means bills , certificates of indebtedness, notes, bonds or similar
securities which are direct non-callable obligations of the United States of America or which are fully
and unconditionally guaranteed as to the timely payment of principal and interest by the United
States of America .
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• Negotiated Sale Resolution'' means the Resolution of the City, adopted on the date of final
adoption of this Ordinance, which, among other things, establishes the estimated redemption
schedule and final interest rates for the Bonds.
"Offici.al Statement" means the final version of the Preliminary Official Statement.
''Ordinance" means this ordinance which authorizes the issuance of the Bonds , including any
amendments properly made hereto.
''Origi,wl Purchaser" means George K. Baum & Company.
"Outstanding" means as of any date all Bonds except the following :
(a ) any Bond cancelled by the City or the Paying Agent. or otherwise on the
City's behalf, at or before such date;
(b) any Bond for the payment or the redemption of which moneys or Federal
Securities sufficient to meet all of the payment requirements of the principal of and interest
on such Bond to the date of maturity or any redemption date thereof, shall have there tofore
been deposited in trust for s uch purpose ; and
(c) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in
substitution for which another bond or other security shall have been executed a nd
delivered.
"Ow,ier" or "Ow,iers" means the Person or Persons in whose name or names a Bond is
registered on the registration books maintained by the Paying Agent pursuant hereto.
"Participant" means any broker-dealer, bank, or other financial institution from time to time
for which OTC or another substitute securities depository holds the Bonds .
"Payi11g Age11t" means The Bank of Cherry Creek, N.A., in Denver, Colorado, and its
successors in interest or assigns approved by the City, which shall act as paying agent, bond
registrar, and authenticating agent for the Bonds .
"Payi11g Agent Agreement" means the agreement between the City and the Paying Agent
regarding the establishment of the duties and responsibilities of the Paying Agent.
"Permitted lllvestments" means any investment lawfully permitted by applicable State law
and the City's investment policy .
"Person" means a corporation, firm . other body corporate. partnership , association or
individual and also includes an executor, administrator. trustee. receiver or other representative
appointed according to law .
"Prelimill.(lry O(fici.al Statement" means the Preliminary Official Statement concerning the
Bonds, the District and the City .
"Project" means the constructing and installing street paving, curb, gutter, sidewalk and
storm drainage improvements, together with necessary incidentals, all as more specifically set forth
in the plans and specifications approved pursuant to the ordinances of the City establishing the
District.
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"Project Account" means the "Paving District No . 38 Project Account" created in the section
hereof entitled "Creation of Accounts."
"Project Costs" means the City·s costs properly attri butable to the Project . or a ny p a rts
thereof, including without limitation: all engineenng. ins pection, fi sca l a nd legal expenses: t h e cost s
of reimbursing funds advanced by the City in anticipation of reimbursem ent from Bond procee ds .
including any intrafund or interfund Joan ; the costs of issuing the Bonds : a ll e xp enses as m ay b e
necessary or incident to the financing, construction, installation. acquis ition a nd co mpletio n of t he
Project; and all other lawful costs as determined by the City Council .
"Record Date" means the last day of the calendar month next preceding each mte r es t
payment date .
"Special Assessment N et Proceeds" means the proceeds of the District s pecial assess m e nts
imposed and collected pursuant to an assessment ordinance adopted by t he City Co uncil on or
about the date of adoption of this Ordinance, less any collection fees of the County Trea s ure r or the
Director of Financial Services permitted to be retained in accordance with the City Charter and
State Jaw ; provided however, except to the extent necessary to offset any discount allowances m a de
for early payments pursuant to Section 11·2·110 of the Englewood Municipal Code , there s h a ll be
excluded from Special Assessment Net Proceeds the proceeds of District s pecial asses sme nts
imposed and collected on parcels owned by the South Suburban P a rks and Recreation Di s trict,
being two parcels identified by Arapahoe County tax identification numbers 2077 -16-1-00-010 a nd
2077-16·1-00-018.
;'State·· means the State of Colorado.
Section 2. Authorization and Purpose of the Bonds. Pursuant to and in
accordance with the City Charter, the Constitution of the State of Colorado, and the procedural
ordinance of the City relating to local improvement districts (Title 11 , Chapter 2 of the Englewood
Municipal Code), there shall be iss ued by the City the "Paving District No . 38 Special Assessme nt
Bonds, Series 1999", in the aggregate principal amount of $612 ,000.00. The Bonds s hall be issued
for the purpose of paying the Project Costs.
Section 3. Bond Details.
(a) Re•i•tered Form, Denomination, Ori6inal Dated Date and
Numberin•. The Bonds shall be issued as fully registered bonds in denominations of
$1 ,000 or any integral multiple thereof, shall be dated as of an original dated date of
October 1, 1999, shall be consecutively numbered in the manner determined by the Payi ng
Agent and shall be regis tered in the names of the Persons identified in the registra tion
books of the City maintained by the Paying Agent .
(b) Maturity Date, Principal Amount and Interest Rate. The Bond s sh all
all mature on December 15 , 2009. The maximum net effective interest rate authorized on
the Bonds is hereby specified to be 7.5% per annum and the actual net effective interest rate
on the Bonds does not exceed said amount. The Bonds shall bear interest at the rates per
annum (calculated based on a 360-day year of twelve 30-day months) approved by the City
Council in the Negotiated Sale Resolution. The debt represented by the Bonds does not
exceed $970 ,000 . and the estimated repayment cost of the Bonds doe s not exceed
$1 ,300,000.
(c) Accrual and Dates of Payment of Interest. Interest on the Bonds s hall
accrue at the rates established in the Negotiated Sale Resolution from the later of the
original dated date or the latest interest payment date (or in the case of defaulted interest,
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the latest date) to which interest has been paid in full and shall be payable on June 15 and
December 15 of each year, commencing June 15 . 2000 .
(d) Manner and Form of Payment . Principal of and the final installment of
interest on each Bond shall be payable to the Owner thereof upon presentation and
surrender of such bond at the principal operations office of the Paying Agent or at such other
location as identified by the Paying Agent. Interest (other than the final installment of
interest) on each Bond shall be payable by check or draft of the Paying Agent mailed on the
interest payment date to the Owner thereof as of the Record Date . All payments of the
principal of and interest on the Bonds shall be made in lawful money of the United States of
America.
(e) Book-Entry Registration . The Bonds shall be initially issued in the form
of a single , certificated, fully registered Bond for each maturity. Upon initial issuance, the
ownership of each such Bond shall be registered in the registration books kept by the Bond
Registrar in the name of Cede, and principal of and interest on the Bonds shall be paid to
OTC in accordance with the OTC Blanket Letter of Representations: provided , however. if at
any time the Paying Agent determines, and notifies the City of its determination . that OT C
is no longer able to act as , or is no longer satisfactorily performing its duties as . securities
depository for the Bonds . the City may, at its sole and absolute discretion . e ither (i)
designate a substitute sec urities depository for OTC and reregister the Bond s a s directed by
such substitute securities depository or (ii) terminate the book-e ntry registration system and
reregister the Bonds in the names of the Beneficial Owners thereof. Neither the City nor the
Paying Agent shall have any liability to OTC , Cede, any substitute secunties deposito ry .
any Beneficial Owner, any Person in whose name the Bonds are reregistered at the direction
of any substitute securities depository, or any other Person for any action taken to
implement the City's discretionary determination set forth above that is taken pursuant to
any direction of or in reliance on any information provided by OTC , Cede . any substitute
secunties depository , any Beneficial Owner. or any Person in whose name the Bonds are
reregistered .
Section 4. Form of the Bonda.
(a) Bond Form . The Bonds shall be in substantially the form set forth in
Appendix A hereto, with such changes thereto. not inconsistent herewith , as may be
necessary or desirable and approved by the officials of the City executing the same (whose
manual or facsimile signatures thereon shall constitute conclusive evidence of such
approval). Although attached as an appendix for the convenience of the reader, Appendix A
is an integral part of this Ordinance and is incorporated herein as if set forth in full in the
body of this Ordinance. The Bonds may contain a reproduction of the opinion of Bond
Counsel as to the Bonds and a certification of such opinion by the City Clerk .
(b) Incontestable Recital in Bonds. In accordance with Section 11-2-9 of the
Englewood Municipal Code , each Bond shall recite that it is issued under the authority of
the City Charter and the procedural ordinance or ordinances adopted pursuant to the City
Charter; such recital shall conclusively impart full compliance with all of the provisions
thereof, and all Bonds issued containing such recital shall be incontestable for any cause
whatsoever after their delivery for value .
Section 5. Execution, Authentication and Delivery of the Bonda.
(a) Execution. The Bonds shall be executed in the name and on behalf of the
City with the manual or facsimile signature of the Mayor, shall be countersigned with the
manual or facsimile signature of the Director of Financial Services, shall bear a manual or
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facsimile of the seal of the City and shall be attested by the manual or facsimile signature of
the City Clerk, all of whom are hereby authorized and directed to prepare and execute the
Bonds in accordance with the requirements hereof. Should any officer whose manual or
facsimile signature appears on the Bonds cease to be such officer before delivery of a ny Bond .
such manual or facsimile signature shall nevertheless be valid and sufficient for a ll
purposes.
(b) Authentication. When the Bonds have been duly executed. the officers of
the City are authorized to, and shall, deliver the Bonds to the Payi ng Agent for
authentication. No Bond shall be secured by or entitled to the benefit of this Ordinance. or
shall be valid or obligatory for any purpose, unless the certificate of authentication of the
Paying Agent has been manually executed by an authorized signatory of the Paying Agent.
The executed certificate of authentication of the Paying Agent upon any Bond s hall b e
conclusive evidence , and the only competent evidence , that s uch Bond h as been properly
authenticated hereunder.
(c) Delivery. Upon the authentication of the Bonds , the Payi ng Agent s ha ll
deliver the same to OTC in accordance with the provisions of the OTC Blanket Letter of
Representations. Upon receipt of the agreed purchase price of the Bonds from the Original
Purchaser in accordance with the Bond Purchase Agreement, and issuance of the approving
opinion of Bond Counsel, OT C s hall be directed to release the Bonds to the Beneficial
Owners.
Section 6. Registration, Transfer and Exchange of the Bonds.
(a) Re6istration. The Paying Agent shall maintain registration books in which
the ownership, transfer and exchange of Bonds s hall be recorded. The person in whose
name any Bond shall be registered on such registration books shall be deemed to be the
absolute owner thereof for all purposes, whether or not payment on any Bond s hall be
overdue, and neither the City nor the Paying Agent s hall be affected by any notice or other
information to the contrary.
(b) Transfer and E,ccha"6e, The Bonds may be transferred or exchanged , at
the principal office of the Paying Agent at the location identified in the definition of Paying
Agent in the section hereof entitled "Definitions ," upon payment by the transferee of a
transfer fee , any tax or governmental charge required to be paid with respect to s uch
transfer or exchange and any cost of printing bonds in connection therewith . U pon s urrender
for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly
executed by the Owner or his or her attorney duly authorized in writing, the City s hall
execute and the Payi ng Agent shall authenticate and deliver in the name of the transfe r ee a
new Bond .
(c) Limitations on Transfer. The City and Paying Agent s hall not be required
to issue or transfer any Bonds: (i) during a period beginning at the close of business on the
Record Date and ending at the opening of business on the first Business Day following the
ensuing interest payment date, or (ii) during the period beginning at the opening of business
on a date 45 days prior to the date of any redemption of Bonds and ending at the opening of
business on the first Business Day following the day on which the applicable notice of
redemption is mailed. The Paying Agent shall not be required to transfer any Bonds
selected or called for redemption.
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Section 7. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall
become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and
tenor of the lost, destroyed, stolen or taken bond and the City shall execute and the Paying Agent
shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of
the Paying Agent: (a) proof of ownership (which shall be shown by the registration books of the
Paying Agent), (b) proof of loss , destruction or theft, (c) an indemnity to the City and the Paying
Agent with respect to the Bond lost, destroyed or taken, and (d) payment of the cost of preparing
and executing the new bond or bonds.
Section 8. Redemption of Bonds Prior to Maturity.
(a) Optional Redemption. The Bonds are subject to call and prior payment on
any interest payment date, in direct numerical order as indicated by Bond number, upon
payment of par and accrued interest.
(b) Redemption Procedures. Notice of any redemption of Bonds shall be given
by the Paying Agent in the name of the City by sending a copy of such notice by first-class .
postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of
each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so
to be redeemed (if redemption shall be in part) and the redemption date . If any Bond shall
have been duly called for redemption and if. on or before the redemption date, there shall
have been deposited with the Paying Agent in accordance with this Ordinance funds
sufficient to pay the redemption price of such Bond on the redemption date, then such Bond
shall become due and payable at such redemption date , and from and after such date
interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect
in any redemption notice shall not affect the validity of the proceeding for the redemption of
Bonds with respect to which such failure or defect did not occur . Any Bond redeemed prior to
its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled.
Section 9. Creation of Accounts. There are hereby created and established within
the appropriate fund of the City the Bond Account and the Proiect Account. In accordance with
generally accepted accounting principles. for the purpose of accounting for the moneys provided for in
this Ordinance the Director of Financial Services may create offsetting revenue and expense accounts
not inconsistent with the provisions hereof, all as may be determined by the Director of Financial
Services .
Section 10 . Application of Proceeds of the Bonds.
(a) Application of Bond Proceeds. Upon payment to the City of the purchase
price of the Bonds in accordance with the Bond Purchase Agreement, the proceeds received
by the City from the sale of the Bonds shall be applied as a supplemental appropriation of
the City as follows:
(i) accrued interest on the Bonds from the dated date thereof to the date
of issuance and capitalized interest shall be deposited into the Bond Account; and
(ii) all remaining proceeds shall be deposited into the Project Account.
Section 11. Bond Account.
(a) Pledge of Bond Account. The Bonds and the interest thereon shall be
payable solely from, and as security for such payment there is pledged, the Bond Account.
The Bond Account shall contain: (i) the accrued interest and capitalized interest on the
Bonds; (ii) the Special Assessment Net Proceeds ; and (iii) other funds legally available
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therefore, including without limitation the net proceeds of any bonds or other obligations
issued to refund the Bonds.
(b) Use of Moneys in the Bond .4ccount. Whenever the balance of funds in
the Bond Account exceeds (i) on May 10 1h of the calendar year, the interest on the unpaid
principal of the Outstanding Bonds for the next succeeding June 15 and December 15
interest payment dates, or (ii) on November 101b of the calendar year, the interest on the
unpaid principal of the Outstanding Bonds for the next succeeding December 15 interest
payment date, the Director of Financial Services shall call in or direct the Paying Agent to
call in a suitable number of Bonds for payment. in direct numerical order. on the next
succeeding interest payment date .
(c) Investments. Moneys deposited in the Bond Account may be invested or
deposited in securities or obligations which are Permitted Investments. The investment of
moneys deposited in the Bond Account shall. however, be subject to the covenants and
provisions of the section hereof entitled "Covenants Regarding Exclusion of Interest on Bonds
from Gross Income for Federal Income Tax Purposes."
Section 12. Project Account.
(a) Use of Moneys in Project Account. All moneys deposited in the Project
Account shall be applied solely to the payment of the Project Costs. Upon the determination
of the City Council that all Proj ect Costs have been paid or are determinable , any b a lance
remaining in the Project Account (less any amounts necessary to pay Project Costs not then
due and owing) shall be transferred to the Bond Account.
(b) Investments. Moneys deposited in the Project Account may be invested or
deposited in securities or obligations which are Permitted Investments. The investment of
moneys deposited in the Project Account shall. however , be s ubject to the covenants a nd
provisions of the section hereof e ntitled "Covenants Regarding Exclusion of Interest on Bond s
from Gross Income for Federal Income Tax Purposes." Except to the extent otherwise
required by such section , interest income from the investment or reinvestment of moneys
deposited in the Proiect Account s hall remain in said account.
Section 13. General Covenants. In addition to the other covenants of the City
contained herein , the City hereby further cove nants for the benefit of Owners of the Bonds that:
(a) Levy of Assessments. The City Council will cause the assessments to be
levied in amounts calculated to be sufficient to pay the principal of and i.nterest on the
Bonds for the benefit of the Owners of the Bonds . The City covenants to credit promptly or
cause to be deposited to the Bond Account the Special Assessment Net Proceeds , and take
such action as may be reasonably necessary and practicable to enforce the collection for s uch
assessments in the manner provided by law .
(b) Collection and Disposition of Assessments. So long as any of the Bonds
remain outstanding, the City will keep or cause to be kept books and records showing full ,
true and complete entries covering the collection and disposition of the assessments and a ny
delinquencies in the collection thereof, covering deposits and disbursements in each of the
accounts herein described, and covering the payment of the Bonds. Any Owner shall have
the right at all reasonable times to inspect such books and records.
(c) Audits. At least once a year in the time and manner proVIded by law , the
City will cause an audit to be performed of the records relating to the Bond Account and the
Project Account. Such audit may be made part of and included within the general audit of
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the City, and made at the s ame time as the general audit . In addition . at le ast on ce a year
in the tim e and manner provided by law , the City will cause a budget to be pre pared a nd
adopted . Co pies of the budget a nd the audit will be filed and recorded in the places . time .
and ma nner provided by law .
Section 14 . Covenants Regarding Exclusion of Interest on Bonds from Gross
Income for Federal Income Tax Purposes. For purposes of ensuring that the inte re st on the
Bonds is and remains excluded from gross income for federal income tax purposes . the City hereby
covenants that:
(a) Prohibited Actions. The City will not use or permit the use of any proce ed s
of the Bonds or any other funds of the City from whatever source derived . directly or
indirectly, to acquire any securities or obligations and s hall not take or permit to be taken
any other a ction or actions . which would cause any Bond to be an "arbitrage bond" within
the meaning of Section 148 of the Code , or would otherwise cause the interes t on a ny Bond
to be includible in gross income for federal income tax purposes.
(b) Affirmative Actions. The City will at all times do a nd perform a ll ac t s
permitted by law that are necessacy in order to assure that interest paid by the City on the
Bonds shall not be includible in gross income for federal income tax purpos es under the Co de
or any other valid provision of law . In particular, but without limitation . the City
represents, warrants and covenants to comply with the following rules unless it re ce ives a n
opinion of Bond Counsel stating that such compliance is not necessary: (i) gros s procee ds of
the Bonds will not be used in a manner that will cause the Bonds to be considered "priva te
activity bonds" within the meaning of the Code ; (ii) the Bonds are not and will not beco me
directly or indirectly "federally guaranteed"; and (iii) the City will file timely Inte rnal
Revenue Form 8038-G which shall contain the information required to be filed purs uant t o
Section 149(e) of the Code .
(c) Bank Qualified. The City hereby designates the Bonds a s '·qua lifi ed tax-
exempt obligations" for purposes of Section 265(b)(3) of the Code .
Section 15. Defeasance. Any Bond shall not be deemed to be Outstandrng he re unde r
if it shall have been paid and cancelled or if cash or Federal Securities s hall have been dep os ite d rn
trust for the payment thereof (whether upon or prior to the maturity of such Bond. but if s uch Bond
is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to
give notice of redemption as required by this Ordinance, or such notice shall have been given in
accordance with this Ordinance). In computing the amount of the deposit de scribed above , the City
may include interest to be earned on the Federal Securities.
Section 16. Events of Default .
(a) Event of Default. With respect to the Bonds, each of the following e vents
constitutes an Event of Default:
02 -4 8S60 0 1
(i) failure to make any payment of principal of or interest on the Bonds
when due hereunder;
(ii) breach by the City of any material covenant set forth herein relating
to the Bonds or failure by the City to perform any material duty imposed on it
hereunder and continuation of such breach or failure for a period of 60 days after
receipt by the City Attorney of the City of written notice thereof from the Paying
Agent or from the Owners of at least 10% in principal amount of the Outstanding
Bonds; or
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(iii) an order or decree is entered by a court of competent jurisdiction
appointing a receiver for all or any portion of the revenues; and , moneys pledged for
the payment of the Bonds pursuant hereto is entered with the consent or
acquiescence of the City or is entered witho ut the co nsent or acquiescence of the City
but is not vacated, discharged or stayed within 30 days after 1t 1s entered.
Section 17. Remedies for Events of Default. Upon the occurrence and continuance
of an Event of Default, the Owner of any Bond , or a trustee therefor, may protect and enforce the
rights of any Owner by proper legal or equitable remedy deemed most effectual including
mandamus, specific performance of any covenants , injunctive relief. or reqwnng the City Council to
act as if it were the trustee of an express trust. or any co mbmat1on of such remedies. All
proceedings shall be maintained for the equal benefit and protection of all Owners. The fai.lure of
any Owner to proceed does not relieve the City or any person of any habihty for fai.lure to perform
any duty hereunder. The foregoing rights are in addit10n to a ny other nght , a nd the exer cise of any
right by any Owner shall not be deemed a waiver of any other right.
Section 18. Amendment of Ordinance.
(a) Amendments Permitted without Notice to or Consent of Owners. The
City may , without the consent of or notice to the Owners of the Bonds, adopt one or more
ordinances amending or supplementing this Ordinance (which ordinances s hall thereafter
become a part hereof) for any one or more or all of the following purposes:
(i) to cure any ambiguity or to cure. correct or s upplement any defect or
inconsistent provision of this Ordinance;
(ii)
collateral;
to subject to this Ordinance additional revenues. prope rties or
(iii) to facilitate the designation of a substitute securities depository or to
terminate the book-entry registration system for the Bonds in accordance with the
section hereof entitled "Bond Details;" or
(iv) to make any other change that does not materially adversely affect
the Owners of the Bonds.
(b) Amendments Requiring Notice to and Consent of Owners. Except for
amendments permitted by paragraph (a) of this section , tlus Ordinance may only be
amended (i) by an ordinance of the City amending or supplementing this Ordinance (which.
after the consents required therefor, shall become a part hereof) and (ii) with the written
consent of the Owners of at least 66 2/3% in aggregate principal amount of the Bonds then
Outstanding; provided that any amendment that makes any of the following changes with
respect to any Bond shall not be effective without the written consent of the Owner of such
bond: (A) a change in the maturity of such bond ; (B) a reduction of the interest rate on such
bond; (C) a change in the terms of redemption of such bond; (D) a delay in the payment of
principal of or interest on such bond; (E) the creation of any pledge of or lien upon any
revenues or moneys pledged for the payment of s uch bond hereunder that is superior to the
pledge and lien for the payment of such bond hereunder; (F) a reduction of the principal
amount or percentage of Bonds whose consent is required for an amendment to this
Ordinance; or (G) the establishment of a priority or preference for the payment of any
amount due with respect to any other Bond over such bond.
(c) Procedure for Notifyinll and Obtaininll Consent of Owners. Whenever
the consent of an Owner or Owners of Bonds is required under paragraph (b) of this section,
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the City shall mail a notice to such Owner or Owners at their addresses as set forth in the
registration books maintained by the Paying Agent and to the Original Purchaser, which
notice shall describe briefly the proposed ame ndme nt and s tate that a copy of the
amendment is on file in the of.lice of the City Cle rk for ins pec tion . Any consent of any Owner
of any Bond obtained with res pect t o a n a mendm e nt s hall be m writing and s h a ll be final
and not subject to withdrawal, res ci ssi on or modifica t io n for a period of 60 da ys after it is
delivered to the City unless another time pe riod is stated for s uch purpose in the notice
mailed pursuant to this paragraph.
Section 19. Findings and Determinations. The City Council hereby find s.
determines and declares that it is in the best interes t of the City, and the residents of and owners of
property within the District, that the Bonds be authorized, sold , is sued and delivered at the time. in
the manner and for the purposes provided herein .
Section 20. Appointment and Duties of Paying Agent. The Paying Agent is hereby
appointed as paying agent, registrar a nd a uthenttcatmg age nt for the Bonds unless and until the
City removes it as such and app oints a s uccessor Payi n g Ag e nt, in which event s uch s ucce ssor s hall
automatically succeed to the duties of the P aying Age nt her eunder and its predecessor s ha ll
immediately turn over all its records r e garding the Bond s to s uch s ucce ssor . The Paying Ag e nt, by
accepting its duties as such , agrees to perform a ll duties a nd to take all a ctions assigned t o it
hereunder in accordance with the terms hereof.
Section 21. Approval of Official Statement and Miscellaneous Documents. The
City Council hereby ratifies and approves the di s tribution and use of the Preliminary Official
Statement; authorizes and directs the City staff to prepare a final Official Statement for u se m
connection with the sale of the Bonds in substantially the form thereof presented to the City Co unctl
at the meeting at which this Ordinance is adopted , with such changes therein, if any , not
inconsistent herewith, as are approved by the City . The City Co unctl authorizes a nd a pproves the
OTC Blanket Letter of Representations , a n undertaking to fa cilitate compliance with Securities and
Exchange Commission Rule 15c2-12 (17 C .F .R . § 240 .15c2-12); the Bond Purchase Agreement, the
Paying Agent Agreement, a "Tax Compliance Certificate" de sc nbing the City's expectations
regarding the use and investment of proceeds of the Bonds and other moneys and the use of the
Project, an Internal Revenue Service Form 8038-G with res pect to the Bonds a nd a ll other
documents and certificates necessary or desirable to effectuate the is s uance or a dmmis tra t1 on of the
Bonds , the investment of proceeds of the Bonds and the transactions contemplated hereby a nd by
the Bond Purchase Agreement. The Mayor is hereby authorized and directed to exe cute the final
Official Statement and the Mayor, the Director of Fi nancial Services, the City Cle rk and all other
officers , agents and employees of the City are hereby authorized and direct ed t o ex ecute all
documents and certificates necessary or des irable to effectuate the issuance of the Bonds and the
transactions contemplated hereby .
Section 22. Ratification of Prior Actions. All actions heretofore take n (not
inconsistent with the provisions of this Ordinance) by the City Council or by the officers and
employees of the City directed toward the creation of the District and the issuance of the Bonds for
the purposes herein set forth are hereby ratified, approved and confirmed .
Section 23. Events Occurring on Days That Are Not Business Days. Except a s
otherwise specifically provided herein with respect to a particular payment. event or action. if any
payment to be made hereunder or any event or action to occur hereunder which , but for this section,
is to be made or is to occur on a day that is not a Business Day shall instead be made or occur on
the next succeeding day that is a Business Day .
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Section 24. Headings. The headings to the various sections and paragraphs to this
Ordinance have been inserted solely for the convenience of the reader. are not a part of this
Ordinance, and shall not be used in any manner to interpret this Ordinance .
Section 25. Ordinance lrrepealable . After any of the Bonds have been issued. this
Ordinance shall constitute a contract between the Owners and the City, and shall be and remain
irrepealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied,
and discharged, as herein provided.
Section 26. Limitation of Actions. In accordance with Section 11-2-8 of the
Englewood Municipal Code, any person filing with the City Council a complaint, protest or objection
shall have the right, with the thirty (30) days after the final passage of this Ordinance, to commence
an action or suit in any court of competent jurisdiction to correct or set aside any determination by
the City Council or questioning the authority or proceedings of the City Council relating to the
issuance of the Bonds. Thereafter, all actions or suite attaclung the issuance of the Bonds shall be
perpetually barred.
Section 27. Repealer . All orders, bylaws, ordinances , and resolutions of the City , or
parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed to the extent only
of such inconsistency or conflict.
Section 28. Publication and Effective Date . This Ordinance, after its final
passage, shall be numbered and recorded, and the adoption and publication shall be authenticated
by the signatures of the Mayor and City Clerk, and by the Certificate of Publication. Th1 s Ordinance
shall become effective thirty (30) days after publication following final passage.
Introduced, read in full , and passed on first reading on the 7,. day of September, 1999.
Published as a Bill for an Ordinance on the 10th day of September, 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 7th day of September, 1999.
Loucrishia A. Ellis
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APPENDIX A
FORM OF THE BOND
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EXCEPT AS OTHERWISE PROVIDED IN THE HEREINAFTER DEFI NED ORDINA NC E .
THIS GLOBAL BOOK-ENTRY BOND MAY BE TRANSFERRED , IN WHOLE BUT NOT IN PART ,
ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY (AS DEFINED HEREI N)
OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A S UCC ESSOR
SECURITIES DEPOSITORY .
UNITED STATES OF AMERICA
CITY OF ENGLEWOOD, COLORADO
CITY OF ENGLEWOOD PAVING DISTRICT NO . 38
SPECIAL ASSESSMENT BOND
SERIES 1999
Interest Rate: Maturity Date: Original Dated Date:
% December 15 , 2009 October 1, 1999
REGISTERED OWNER :
PRINCIPAL SUM :
CUSIP:
DOLLARS
CITY OF ENGLEWOOD , COLORADO , in the State of Colorado, a duly organized and
validly existing City and political subdivision of the State of Colorado, (the "City"), for value receiv ed ,
hereby promises to pay to the order of the registered owner named above or registered a ss igns ,
solely from the special funds as hereinafter set forth , on the maturity date stated above , the
principal sum stated above , in lawful money of the United States of America. with interest thereon
from the original dated date stated above . at the interest rate per annum stated above . payable on
June 1511> and December 15th of each year, commencing June 15 , 2000, the pnncipal of a nd the fin a l
installment of interest on this bond being payable to the registered owner hereof upon prese ntation
and surrender of this bond at the principal operations office of The Bank of Cherry Creek. N.A., a s
Paying Agent (the "Paying Agent"), in Denver, Colorado, or at such other location as identified by the
Paying Agent, and the interest hereon (other than the final installment of interest hereon) to be paid
by check or draft of the Paying Agent mailed on the interest payment date to the registered owner
hereof as of the close of business on the last day of the month (whether or not such day is a
Business Day) preceding the interest payment date , except that so long as Cede & Co . is the
registered owner of this bond , the principal of and interest on this bond shall be paid by wire
transfer to Cede & Co .
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This bond is one of an issue of bonds of the City designated Paving District No . 38 Special
Assessment Bonds, Series 1999 issued in the principal amount of $612 ,000 .00 (the "Bonds"). The
Bonds are being issued by the City for the purpose of financing the construction and installation of
street paving, curb, gutter, sidewalk and storm drainage improvements, together with necessary
incidentals (the "Project") for Paving District No . 38 (the "District"), pursuant to and in full
conformity with the City Charter, the procedural ordinance of the City relating to local improvement
districts adopted pursuant to the City Charter (Title 11 , Chapter 2 of the Englewood Municipal
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Code), the Constitution of the State of Colorado and an ordinance (t he "O rdinance") duly adopted by
the City prior to the issuance hereof. Pursuant to Title 11 , Chapter 2 of the Englewood Municipal
Code, such recital shall conclusively impart full compliance with all of the provisions thereof. and all
Bonds issued containing such recital shall be incontestable for any cause whatsoever after their
delivery for value.
It is hereby certified and recited that the total issue of Bonds of the City for the District.
including this Bond , does not exceed the amount authorized by law ; that every requirement of law
relating to the creation of the District, the construction and installation of the Project. and the
issuance of this Bond has been fully complied with by the proper officers of the City; that at a n
election lawfully held within that portion of the City comprising the District on November 4 , 1997 ,
the issuance of this Bond was duly authorized by a majority of the electors qualified to vote a nd
voting at said election; and that all conditions required to exist and things required to be done
precedent to and in the issuance of this Bond to render the same lawful and valid, have happened ,
been properly done and performed, and did exist in regular and due time, form . and manner, as
required by law . It is hereby further recited , certified . and warranted that all of the requirements of
law have been fully complied with by the proper officers in issuing this Bond .
Payment of this Bond and the interest thereon shall be made from . and as security for s uch
payment there is pledged , a s pecial fund designated as "Paving Di strict No . 38 Bond Account" (the
"Bond Account''). The Bond Account shall contain (a) the S pecial Assessment Net Proceeds (as
defined in the Ordinance), (b) the Bond proceeds set aside as capitalized interest and acc rued
interest, and (c) any other legally available moneys, including without limitation, the net proceeds of
any bonds or other obligations issued to refund the Bonds.
The assessments levied against the property w1tlun the Distnct constitute a lien on and
against each lot or tract of land in the respective amounts apportioned by an ordinance of the Ci ty .
For the payment of this Bond and the interest thereon. the City pledges to exercise all of its lawful
corporate powers to collect the assessments against the real property mcluded within the Di strict
and specially benefited by the construction and m s tallation of the Proiect . and take all necessary
action to collect any assessments that are in default.
This Bond is subject to call and prior payment on any interrst payment date, upon
payment of par and accrued intenst, as mon fully set forth in the Ordinance.
Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the
City by sending a copy of such notice by first-class , postage prepaid mail, not less than 30 days prior
to the redemption date , to the Owner of each Bond being redeemed . Such notice shall specify the
number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the
redemption date . If any Bond shall have been duly called for redemption and if, on or before the
redemption date, there shall have been deposited with the Paying Agent in accordance with this
Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then
such Bond shall become due and payable at such redemption date , and from and after such date
interest will cease to accrue thereon . Failure to deliver any redemption notice or any defect in any
redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with
respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by
prior redemption or otherwise shall not be reissued and shall be cancelled.
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The Paying Agent shall maintain registration books in which the ownership , transfer and
exchange of the Bonds shall be recorded. The person in whose name this Bond shall be registered
on such registration books shall be deemed to be the absolute owner hereof for all purposes,
whether or not payment on this Bond shall be overdue , and neither the City nor the Paying Agent
shall be affected by any notice or other information to the contrary. This Bond may be transferred or
exchanged, at the principal operations office of the Paying Agent in Denver . Colorado, or at such
other location as identified by the Paying Agent, upon payment by the transferee of a transfer fee ,
any tax or governmental charge required to be paid with respect to such transfer or exchange and
any cost of printing bonds in connection therewith.
THIS BOND DOES NOT CONSTITUTE A DEBT OR AN INDEBTEDNESS OF THE CITY
OF ENGLEWOOD WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
LIMITATION OR PROVISION, AND SHALL NOT BE CONSIDERED OR HELD TO BE A
GENERAL OBLIGATION OF THE CITY. THE PAYMENT OF THIS BOND AND THE INTEREST
THEREON IS NOT SECURED BY AN ENCUMBRANCE , MORTGAGE. OR OTHER PLEDGE OF
PROPERTY OF THE CITY EXCEPT FOR SUCH SPECIAL ASSESSMENTS AND OTHER
MONEYS PLEDGED FOR THE PAYMENT OF BONDS AS SET FORTH ABOVE. NO PROPERTY
OF THE CITY , SUBJECT TO SUCH EXCEPTION, SHALL BE LIABLE TO BE FORFEITED OR
TAKEN IN PAYMENT OF THE BONDS.
THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED
OWNER OF THIS BOND AND THE CITY . THIS BOND IS ONLY EVIDENCE OF SUCH
CONTRACT AND , AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE
ORDINANCE , WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND .
The City agrees with the Owner of this Bond and with each and every person who may
become the Owner hereof, that it will keep and perform all the covenants and agreements contained
in the Ordinance .
The Ordinance may be amended or supplemented from time to time with or without the
consent of the registered owners of the Bonds as provided in the Ordinance .
This Bond shall not be entitled to any benefit under the Ordinance , or become valid or
obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication
hereon.
IN WITNESS WHEREOF. City of Englewood, Colorado, has caused this Bond to be signed
in the name and on behalf of the City with the manual or facsimile signature of the Mayor, to be
countersigned with the manual or facsimile signature of the Director of Financial Services , to be
sealed with the seal of the City or a facsimile thereof and to be attested by the manual or facsimile
signature of the City Clerk.
[MANUAL OR FACSIMILE SEAL]
Countersigned:
By <Mapua) or Facsimile Signature}
Director of Financial Services
Attest:
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ENGLEWOOD .COLORADO
By /Mapua) or Facsjmj)e Signature}
Mayor
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By lManual or Facaimile Simatuml
City Clerk
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CERTIFICATE OF AUTHENTICATION
02-41560.01
This is one of the Bonds described in the within-mentioned Ordinance .
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THE BANK OF CHERRY CREEK, N.A., as
Paying Agent
By_~~~~~~~~~~~~~~-
Authorized Representative
Date of Authentication:. _________ _
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CERTIFICATE OF TRANSFER
FOR VALUE RECEIVED , the undersigned , hereby
&ells , aSBigna and transfers unto (Tax Identification or Social
Security No. the within bond and all rights thereunder, and hereby irrevocably
constitutes and appoints attorney to transfer the within bond
on the books kept for registration thereof, with full power of substitution in the premises.
Dated:-----
02-41560.01
NOTICE : The signature to this assignment
must correspond with the name as it appears
upon the face of the within bond in every
particular, without alteration or enlargement or
any change whatever.
TRANSFER FEE MAY BE REQUIRED
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RESOLUTION NO.~
SERIES OF 1999
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A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S
TRAFFIC MANAGEMENT SYSTEM INSTEAD OF THE COMPETITIVE BID PROCESS
UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF
THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS , the City has always believed that a properly coordinated and maintained
traffic signal system is an integral part of the customer service that the City provides to its
citizens; and
WHEREAS, the City Council of the City of Englewood authorized expenses of the City for
the Year 2000 preparation (Y2K) with the passage of Resolution No . 74 , Series of 1999; and
WHEREAS, the City hired an independent engineering consultant Post, Buckley. Schuh &
Jernigan, Inc. (PBS&J) to analyze and evaluate the City's existing traffic manage ment
system ; and
WHEREAS, the current City of Englewood Traffic management system software makes it
possible to monitor and operate the traffic signals in the City but is not Y2K co mpliant; and
WHEREAS, deficiencies in the City's existing system, make it necessary to replace this
system with one which will be Y2K compliant and which will provide the following critical
elements:
Advances Traffic Control Strategies -that will allow signal timing to rapidly adapt
to changing traffic conditions, special events, or traffic incidents.
Adjacent Jurisdiction Compatibility -that will allow Englewood to share data and
provide interoperability with traffic control systems of our neighboring jurisdictions.
Non-Proprietary System -so that there can be competition for the supply of system
components and to eliminate problems if a vendor goes out of business in the future .
This element will also help to ensure that the City's traffic management system will
be able to communicate with different traffic systems and equipment.
ITS Compatibility -if, in the future , the City desires the capability to install video
surveillance at key intersections or dynamic message signs at certain locations to
advise motorists of road hazards or delays .
Expandability -so that if additional signals are desired, we can incorporate them
into the City's traffic management system.
A "Hybrid" Traffic Signal Control System · which offer intelligent local controllers
that are capable of using detectors and operating time-based coordination should
central control communication be knocked out.
Graphical User Interface· so that traffic system graphics displays and control
features are integrated into a workstation interface for map windows to display
current congestion levels and signal green phase status.
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( 'it~ of 1·:ngle,,·ood Systen1 ('ontiguration
Workstation 2
Signal Shop
iiiil ~ II . ----iiiiiii'I"':\
Rack Mounted
Communications and
Traffic Applications
Servers ,,
Dial Up Network
Network
Connection
Connection RocketPort 16 Port
Serial Card
Workstation 1
101100BaseTx LAN
12.P··-h K J[ iJI
Full duplex
Digital Fast Poll modems
Full duplex
..-~*;Ill Leased Line modems
Workstation 3
Laptop computer
~ DialUp
-! Connection
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Communications :
Customer owned twisted pair and
leased line
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ASC/2S Local
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-CONTROL PAO DU C 1 ii, I NC
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WHEREAS, the PBS&J analysis indicated that the Econolite icons system is closest to
meeting the City's criteria; and
WHEREAS, PBS&J report recommended that the best choice in meeting the needs of the
City of Englewood would be Econolite icons System: and
WHEREAS , Econolite agreed to have the system operational by January l , 2000 ; and
WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1.
Englewood Municipal Code 1985 , allow contracts for public works or improvements to be
negotiated, provided that contracts for which no competitive bids have been requested have
been approved by resolution which shall declare the reason for exception to the competitive
bidding requirement:
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sectjon 1. The Department of Public Works is hereby authorized to negotiate a contract
for Englewood's Traffic Management System in an amount not to exceed $363,400, and to
establish a budget of $380,000 for a new Traffic Management System in order to provide for
p088ible change order contingencies in lieu of the competitive bid process as allowed by
Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood
Municipal Code 1985.
Sectjon 2. The City Manager is hereby authorized to enter into a contract for the
Englewood's Traffic Management System pursuant to PBS&J analysis indicating Econolite
icons system is the closest to meeting the City's cnteria. with Econolite Control Products,
Incorporated.
ADOPTED AND APPROVED this 7th day of September, 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
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COUNCIL COMMUNICATION
Date Agenda Item
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Subject
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September 7 , 1999 Resolution to Negotiate and Award
a Contract for Traffic Management
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INITIATED BY STAFF SOURCE
De artment of Public Works Ken Ross . Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On July 6 . 1999, City Council adopted Resolution No. 99-74 that approved the transfer of $1 .0 million to the
Capital Projects Fund to cover expenses of the City for the Y2K Project. On July 19, 1999, Director of
Financial Services . Frank Gryglewicz, discussed the Y2K improvements that the City would need to accomplish
in 1999, and provided City Council an analysis performed by Post , Buckley, Schuh & Jernigan, Inc . (PBS&J),
an independent engineering consultant, that looked at our existing traffic management system. This analysis
evaluated the known traffic management systems that are available at this time . The PBS&J report
recommended that the best choice meeting the needs of the City of Englewood is the Econolite icons system .
RECOMMENDED ACTION
We are seeking Council approval of a resolution to allow the City of Englewood to enter into a sole source
contract with Econolite Control Products . Incorporated (ECPI), in the amount of $363.400 .00, and to establ ish a
budget of $380,000 .00 for a new Traffic Management System in order to provide for possible change order
contingencies .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood traffic management system is at the end of its useful life . The software that makes it
possible to monitor and operate the traffic signals in Englewood is not Y2K compliant . The City of Englewood
has always believed that a properly coordinated and maintained traffic signal system is an integral part of the
customer service that we provide to our citizens. Because of the deficiencies in our ex isting system . it 1s now
necessary to replace this system with one that will provide the following critical elements :
• Advanced Traffic Control Strategies that will allow signal timing to rapidly adapt to changing traffic
conditions, special events, or traffic incidents .
• Adjacent Jurisdiction Compatibility that will allow Englewood to share data and provide
interoperability with traffic control systems of our neighboring jurisdictions .
• Non-Proprietary System so that there can be competition for the supply of system components and
to eliminate problems if a vendor goes out of business in the future. This element will also help to
ensure that our traffic management system will be able to communicate with different traffic
systems and equipment.
• ITS Compatibility if, in the future , the City of Englewood desires the capability to install video
surveillance at key intersections or dynamic message signs at certain locations to advise motorists
of road hazards or delays .
• Expandability so that if additional signals are desired, we can incorporate them into our traffic
management system .
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• A "Hybrid" Traffic Signal Control System which offer intelligent local controllers that are capable of
using detectors and operating time-based coordination should central control communication be
knocked out
• Graphical User Interface so that traffic system graphics displays and control features are integrated
into a workstation interface for map windows to display current congestion levels and signal green
phase status.
The PBS&J analysis of available traffic management systems indicates that the Econolite icons system is
closest to meeting our criteria listed above . The PBS&J system feasibility study made the following
recommendation : "Based on the systems evaluation, the City of Englewood requirements (Windows NT
operating system, SOL Database structure, Model 170 compatibility. and immediate system availability), and
due to the limited time remaining before the year 2000, it is recommended that the icons system be procured
through negotiations with Econolite."
ECPI has agreed to fumish the system that will meet our requirements. plus provide three weeks of on -site
integration and testing , one week of in-depth user training , and will have the system operational by January 1,
2000, providing they get the notice to proceed by September 8, 1999.
Ladd Vostry, our Traffic Engineering Analyst , will monitor all aspects of this work for the City of Englewood.
FINANCIAL IMPACT
There is $1 million budgeted in the Capital Improvement Fund account for the Y2K Project . The replacement
of the Traffic Management System is the single largest component of the project, with the recommended
budget for this component being $380,000.00.
UST OF ATTACHMENTS
Proposed Resolution
ECPI Quotation for the Traffic Management System for the City of Englewood .
City of Englewood Traffic Management System Configuration Chart .
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iiECONOLITE
-CDNT~DL PRODUCTS, INC .
August 23, 1999
Mr. Ladislav Vostry
Traffic Engineering Anal yst
City of Englewood
Department of Public Works
3400 South Elati St .
Englewood , Co. 8011 0
Dear Ladd ,
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Please accept the following quotation for an Econolit e Control Product s. In c. (EC PI ) ico11sn;
traffic management system for the City of Englewood . The pric es quot ed ar e for a .. standard'"
icons traffic control system as described in the attached System Functiona l Description and do
not include any engineering or integration for icons modules or function s that are not sp ecific to
main part of this quotation . We have included some optional pricin g for ico11s module s to co ve r
requests from you during various meetings . These optional prices are good for 6 months from th e
system final acceptance . These include budgetary numbers (less any integration and en g ine erin g
charges) for our basic Dynamic Message Signs (OMS ), and Closed C irc uit T e le vision (CC TV)
modules .
1.0 icons Software, Integration, and Training
This item includes software license fees for one Communications/File Server and three
workstations. The Communications Server license covers up to 256 intersections operating
off the single communications server PC. Also included are integration services to assembl e
and test the system in California and on-site . graphics design for the based map and up to six
intersections , plus one week of on-site training . The standard protocol for this system wo uld
be initiall y AB3418E .
• icons Software License
Communications/File Server
Workstations (3 each at $5 ,000.00)
• Integration Service Fees
$45 ,000 .00
S 15 ,000.00
System map development (useable base map (s) to be prov id ed by the Cit y of Englewood),
development of six typical intersection layouts ( example intersection phasing to be supplied
by the City), database management configuration using Microsoft SQL Server, software test ,
checkout, and documentation . System hardware configuration , software loading, complete
system testing and documentation at ECPI factory in Anaheim Californi a . This pay item
includes up to three weeks of on site integration and testing work b y EC PI an d/or GSI
personnel (including travel and lodging expenses).
' icons is a trademark of Econolitc Control Products, Inc .
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eECONOLITE
-C Q NT R Q L PAC DUCT 9 1 INC .
This it em also includes a Microsoft SQL Server license for a 5 user interface and icons system
software integration to use Microsoft SQL Server. NTCIP Level 1 object support as noted in
the attached System Funct ional Description for the icons software is also included .
$8 8,4 74 .00
• Training
System operation tra ining to include 1 week (40 hours ) of in-d epth us e r trai nin g on th e
operation of icons. This includes training manuals, and a ll tra ve l ex penses fo r th e
instructor. 55 ,000 .00
Total for Software, Integration, and Training and freight S 153 .4 74 .0 0
2 .0 Central Computer Hardware Recommendation
ECPI will be providing all server computers (two computers), two workstation computers , one
remote workstation and communications related equipment includin g a full hei ght 42U rack for
the City of Englewood icons system . The following is the list of equipment that ECPI will be
providing. The computer equipment will be fully configured with Windows NT and Windows
NT LAN software for use on the icons network . Our quoted price does not include LAN cabling
installation or configuration connecting to the City's network. Our systems engineer will assist
the City 's MIS personnel to integrate the new icons system LAN with the City's LAN. This will
allow connection to the new icons computer at the signal shop. Any network configuration
diagnostics required to integrate the new icons network to the City 's existing network (to allow
communications from the File Server to the workstation at the signal shop) by Econolite
engineers , will be billed at $125 .00 per hour.
• Communications Server
Compaq rack mounted Compaq Proliant 1850R
9.0 GB HD
12 8MBRAM
CD-ROM
3 Yz " Floppy Drive
10/100 Base T Network card
Microsoft NT Server 4 .0
RocketPort 16-channel ISA w/ Extension Interface Box
Appropriate length Cat 5 LAN Cable
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iiECONOLITE -c C NT R Q L PR QC UC T 11, IN c.
• Traffic Applications/File Server
Compaq rack mounted Compaq Proliant 1850R
9 .0GB HD
128MB RAM
CD-ROM
3 Yi" Floppy Drive
Modem 56K V.90
10/100 Base T Network card
Microsoft NT Server 4.0
Tape backup device
Appropriate length Cat 5 LAN Cable
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• A Keyboard Mouse Monitor (KMM) switch with keyboard , mouse and a 1 s·· monitor will be
supplied for the server computers. Econolite will be supplying a 42U equipment rack and a
backup UPS for both servers and communications equipment.
• 12-Port 10/1 OOBaseT Switch A switch (verses a Hub) is required to isolate the icons system
from the City's LAN.
• A printer of the City 's choice should also be part of this system . (City supplied)
• Central Comm Equipment Rack
• 42U Equipment rack with Lexan front door
• Modem Rack, 18 slot
• Modem Power Supply
• Modem, 9600BPS Digital, FP ( I 0)
• Modem , 9600BPS Leased Line (4)
• RS-232 Interface Mounting Plate
• RS-232 Cable, 25M-25M, 5 ft.
• RS-232 Cable, 25M-9M, 5ft.
• Outlet strip with lightning protection
• APC UPS backup power system for communication rack
Total price for ECPI supplied Central Communications Equipment
3 .0 Workstation computers
• Workstations (2ea)
Compaq 500Mhz Pentium m
13GB Hard Drive
128MB RAM (minimum required)
CD-ROM
Tower Case
3 Yi " Floppy Drive
10/100 Base T Network card
$33,893 .00
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-c Q NT R D L PRO D UC T s, IN c .
Keyboard -Microsoft
I workstation will come with 2 ea. 21'' monitors and the other workstation will come with
I ea. 21" Monitor
Modem 56K
Mouse -Microsoft
Microsoft NT 4 .0 Workstation
Matrox Millennium IUG200 video card (I workstation will have 2 video cards)
Power Strip -Transient Protection
Appropriate length Cat 5 LAN Cable
• Workstation Remote Laptop (lea)
IBM Thinkpad 7702 366Mhz
128MB RAM
CD-ROM
3 Y, " Floppy Drive
Modem 56K
Microsoft NT 4.0 Workstation
Total for Workstation Computers S16 ,107 .00
Note: The laptop workstation will only provide limited system performance when in the
dial up mode . When connected to the LAN (if connected), normal system perfonnance
will be available.
4 .0 Field Traffic controller upgrades
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ASC/2S-2 l l O controllers including
Internal RS-232 telemetry module
External twisted pair full duplex modem shelf mount RS-232 cable
Price per controller upgrade $1 ,900.00
Total price for controller upgrades (57ea) $ I 08,300 .00
External Telenetics full duplex modems (53 twisted pair modems and 4 leased line modems )
including power cable and interface cable . (eac h price) S6\ 8.00
Total field modem cost
ASC/2S NTC!P per the attached appendix (57ea at $200 .00ea)
Field Technician for I week to assist in controller change out.
(including expenses)
Total project price
$35 ,226 .00
$11 ,400.00
$5 ,000 .00
$363,400.00
The above pricing also includes all local controller hardware upgrades (57 ea.) including a factory
technician to assist city forces in updating the local cabinets (I week). The ASC/2S controllers
will initially ship with the AB3418E software until we have our NTCIP software approved in Salt
Lake City. Each controller will also include a shelf mount 9600 bps full duplex modem , RS-232
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cable, and RS-232 telemetry module . The icons software and ASC /2S controllers are fully Y2K
compliant.
We look forward to working with you and your staff on the implementation of this project .
Daniel T . Schoenecke
Sales Engineer
Cc : J. Spinazze ECPI-Anaheim
G. Duncan ECPI-Anaheim
M. Shea ECPI-Anaheim
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eECONOLITE
-c D NT 111111 D L PA Q DUCT., IN c .
The following are budgetary estimates for optional icons modules for the City of Englewood
Traffic Management System:
icons Dynamic Message Sign Module
icons CCTV Module
Notes:
$45 ,000.00
$28 ,000.00
I . The Dynamic Message Sign Module provides suppon for DMS signs that use the NTCIP
Class 8 communications protocol. Suppon for other protocols will require an additional
development fee . The price shown is for software only and does not include any hardware or
integration services .
2 . The CCTV Module provides communications and control for Cohu analog color cameras
under the control of a Cohu MPC and CCR. The price shown is for software only and does not
i.nclude any hardware or integration services .
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RESOLUTION NO . ~
SERIES OF 1999
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A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR MAINTENANCE
MANAGEMENT SOFTWARE FOR THE LI'ITLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER
SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE
ENGLEWOOD MUNICIPAL CODE 1985.
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WHEREAS , the Littleton/Englewood Wastewater Treatment Plant"s exi sting
Maintenance Management Software has been is service since October 1992 and has never
been fully functional due to conflicts with exi sting enterprise software such as U NIX : and
WHEREAS, the manufacturer of the existing Maintenance Management Software is not
currently able to provide support necessary to resolve the conflicts and fully implement the
software ; and
WHEREAS , the existing software data platform. Paradox, does not support the UE
WWTP long range goals of network clustering and intranet client access, nor does it provid e
client level front-end multi-level security: and
WHEREAS, Datastream is an Oracle or Microsoft.SQL based platform and will perform
the functions and meet the long range goals of the Littleton/Englewood Wastewater
Treatment Plant as well as meeting the City's enterprise database platform choice ; and
WHEREAS, Datastream has the capability to be shared by other City departments ; and
WHEREAS, the Datastream system is closest to meeting the City's criteria; and
WHEREAS, Datastream Systems, Inc. is recommended as the best choice in meeting the
needs of the Littleton/Englewood Wastewater Treatment Plant for Maintenance
Management Software; and
WHEREAS , the purchase of Maintenance Management Software will be split 50/50
between the City of Englewood and the City of Littleton: and
WHEREAS , the City Council of the City of Englewood approved funding for the purchase
of Maintenance Management Software for the Littleton/Englewood Wastewater Treatment
Plant as part of the 1999 Budget; and
WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1·3·1 ,
Englewood Municipal Code 1985, allow contracts for public works or improvements to be
negotiated, provided that contracts for which no competitive bids have been requested have
been approved by resolution which shall declare the reason for exception to the competitive
bidding requirement;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
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Se<;tjgn 1. The Littleton/Englewood Wastewater Treatment Plant is hereby authorized
to negotiate a contract for Maintenance Management Software with Datastream Systems,
Inc., an Oracle or Microsoft.SQL, in the amount of $50,600.00, in lieu of the competitive bid
process as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-
3-1, Englewood Municipal Code 1985.
Se<;tign 2. The City Manager is hereby authoriz.ed to enter into a contract for
Maintenance Management Software with Datastream Systems, Inc.
ADOPTED AND APPROVED this 7th day of September. 1999.
ATTEST:
Thomas J . Burns, Mayor
Loucriahia A. Ellis , City Clerk
I. Louc:riahia 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
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COUNCIL COMMUNICATION
Date Agenda Item
September 7 . 1999
11 C ii
INITIATED BY STAFF SOURCE
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Subject
Purchase of Maintenance
Management Software
UE W/1/TP Supervisory Committee Stewart H . Fonda. Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The purchase of the Maintenance Management Software was approved by Council as part of the 1999 budget
process.
RECOMMENDED ACTION
The proposed action is to approve by Resolution the purchase and implementation of Maintenance Management
Software from Datastream Systems. Inc. Company in the amount of $50,600.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing Maintenance Management Software has been in service since October 1992. This software cannot
be fully implemented to meet the maintenance divisions needs. due to conflicts with existing enterprise software
such as UNIX. Staff has worked with the manufacturer. who is not currently able to provide support necessary to
resolve the conflicts and fully implement the software .
The existing software data platform, Paradox. does not support the UE W/1/TP long range goals of network
clustering and intranet client access, nor does it provide client level front-«ld multil-level security.
Datastream is an Oracle or Microsoft SOL based platform and will pefform the above functions and meet the long
range goals of the UE WNTP and the C ity 's enterprise database platform choice . Datastream has capability to be
shared by other City departments. and is the closest to meeting the City's criteria .
The Information Technology Division has reviewed the Datastream software and approved the implementation as
an "enterprise" software package. Oatastream may an appropriate package for implementation in other City
departments .
Datastream Systems, Inc. is recommended as the best choice in meeting the needs of the Littleton/Englewood
wastewater Treatment Plant for Maintenance Management Software.
FINANCIAL IMPACT
The purchase is funded in the 1999 budget. The purchase cost of the Maintenance Management Software will be
split 50/50 with the City of Littleton as a capital expense.
UST OF ATTACHMENTS
Proposed Resolution
Memo of Recommendation
Letter Sole Source Request
Datastream Written Quote
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MEMORANDUM
TO: Dennis W . Stowe, Plant Manager
FROM: Joseph G . Payne, Maintenance Division Manager
DA TE: September I , 1999
SUBJECT: Technical Evaluation and Recommendation for M a intenance Management Software.
A request for the sole source purchase of the Maintenance Management Software was re v iewed by the
Information Technology Department and approved by the City Manager. The software was reviewed by
myself, Darwin Barrie , Mike Cassidy and Gary Wyse. The software is technically acceptable.
I recommend the purchase of Maintenance Management Software be awarded to Datastrcam Systems,
Inc. in the amount of $50,600.00.
JGP
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COUNCIL COMMUNICATION
Date Agenda Item
September 7, 1999
11 C iii
INITIATED BY STAFF SOURCE
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Contract for Design and
Construction Admin istration of
Service/Support Facility Expansion
and Modifications
LIE WWTP Supervisory Committee Stewart H . Fonda , Utilities Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
RECOMMENDED ACTION
The action recommended is to approve by rWOllon the contract with Fischer and Assoc iates for design and
construction administration services for expansion and modifications of the Service/Support Facility in the amount
of $67,360.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1998, plant staff retained the services of Greenberg & Greenberg Architects to perform a needs assessment on
the Service/Support Facility. The assessment examined the current utilization of space , outlined space needs
based on current requirements and 5 to 10 year needs. Recommendations were made for space use realignment
and building additions based on these requirements . Greenberg & Greenberg also provided an estimate of
probable costs for construction and design . The Space Needs Assessment was completed in February 1999.
In the Space Needs Assessment, Greenberg & Greenberg recommended construction of new space totaling
approximately 2,800 SF, infill of 500 SF in the two-story maintenance space and remodel of nearly 2,100 SF .
In April, 1999, Requests for Proposals for the expansion and modifications of the SIS Facility were sent out. Two
firms submitted proposals , Fischer Associates, P.C . and Lintjer Architects . Both proposals were responsive .
Based on Fischer's submitted proposal cost of $67,360, which is lower than the $74,070 submitted by Lintjer, staff
recommends Fischer Associates.
FINANCW. IMPACT
The cost of this expenditure is a capital expense and will be shared 50/50 by the Cities of
Englewood and Littleton.
UST OF ATTACHIIENTS
Fischer Associates Contrac1
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1997 EDITION
AIA DOCUMENT 8141-1997
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
AGREEMENT made as o f the twenty-tlli rd
in the yeJr 1999
( In words. indica te day. month ,md \'enr )
BETWEEN the Architec t 's client identifie d as the Owner:
(N amt!, address und o th er informat io n )
and the Arch itect:
City of Eng l ewood
3400 S. Elat i St.
Englewood, CO 80110
(Name. addres s Jnd other informa11 o n )
Fisher Associ a tes , P.C.
Architects and Engineers
2305 W. Berry Ave.
Litt leto n, CO 80120
For the following Project :
(Include derailed desmpt1o n of Pro1ect )
dJy of Ju 1 y
Addition and modifications to offices at the Littleton /Eng l ewood
Wastewater Treatment Pl ant Support Service Facili ty located at
2900 W. Platte River Dr., Englewood, CO 80110
The Owner and Architect agree JS follows.
Copy nghr 1917, 1926, 1948, 195 1, 1953. 1958. 1961 , 1963. 1966. 1967, 1970, 1974, 1977, 1987, O 1997 by The Amenun
lnst 1rure of Arch,recrs . Reproducrion of the marerial herein or subsranr,al quotation of irs provmons without written
cerm1ss 1on of ·he A IA violates the copyr19hr laws of rhe un,r~ Sr,res and will sub1ec r rhe v1ola1 or ro !~al orosMu-
This docum e nt a s ampor an
le ga l co nsequences .
Co nsu lt ar1on wirh an
arrorne y 1s encouraged
wirh resp ec; ro ,rs
co mp fe rion o r mod 1ftC ar ,on
TABLE OF ARTICLES
1.l I N I TIAL I NFORMATI O N
1.2 RESPONS I BIL ITIES OF TH E
PA RTI ES
1.3 TERMS AND CONDITI ONS
1.4 SCOPE OF SERV ICcS AND
OTH ER SPEC IAL TERMS
AND CO ND ITIONS
1.5 COMPENSATIO N
C\99 7 A t ~i»
AIA DOCUMENT 1141-1997
STANDARD FORM
AGREEMENT
Th e American l nmrurt
of Arch,recrs
1735 New York Avenue. N.W
Washingron . D.C. 20006-5 292
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AR TI CLE 1.1 I NITI AL I NFORMATION
1.1.1 This .-\greement is based on the fo ll owi ng in fo rmatio n and assumpuons .
(.Vote the Ji$posiuon /or the fo llowing items by insr?rt1ng tht requested inrOrmatton or a :,tatemem mdr •JS 'not
1.1ppliwblc!." "u nknown ,lt tune of r!XCCut ion " or 'to be de te rm11 1rd h1tcr m11wa l c1grecmem . ··1
1.1.2 PROJECT PARAMETERS
1.1.l .1 The ob1ective or use is :
( ldc!nt,fv or descnbe. if upproprime. prop o sed 11se or gac1ls . J
Refer to Se rvice and Support Facility Space Needs Assessment dated
Fe bruary 17, 1999 for overall requireme nts.
1.1.l .l The p hys icJ I paramet~rs are :
t ld.:nufy v r descnbe .1{ .J pproprza ti!. :,lZt. l ocl1Zl011 . Jimcn.m.ms . or otha rcrt111t!nl 111.rOrmu t1 v11 .
such us gt>o 1echm ct1 / repo rts .ibo111 th t! sue.
See Requ e st for Pro po s ai Moaif ic atio n submitted by Fisher Ass.ociates
da ted June 25, 1999 for a ssumpt io ns and items included in th i s Agreement.
1.1.l .3 Th~ O wner'; Prog ram is :
(/J,m ttfv documenta tion .;r stair! tire 1mu111er in w/11ch ih ,: pr~ram w,/l l.,e ,li?\'tdnpea .)
See 1.1.2.l a bove
1.1.l .4 Th~ legal pa ram~te rs are:
(/den1 ij'y pertinent legal in fo rmat io n . inclt1ding , 1{ L!p prn prti.lCr!. land w rvevs ,mJ le?ga l dr!scnpoom lmd
restncttons of the :illr!.)
Addr es s is 290 0 S. Pl a tte Riv e r Drive , Eng l ewood , CO 80110
1.1.l.S The financial p1r1meters are JS follo ws .
. 1 Amount o f the Owner's overall budget fo r th~ Proj e ct . includini the Architect's
cQmpenSJtion.is: The a r c hitec t s ha ll ass i st the Own er with the estab li shment
or a n e sti mate fo r the prop os ed s cope of se rvice. For purpose of the
.2 ~8.?rn.aJr it~~,t,~~A ~~cPgeP~cl\.~he Cos t o f tht Wo rk. mluding the Archnect's
co mpensation.is: Sa me as a bove . S619 ,000 i s t he e s ti mat ed construct i on
bud oe t.
1.1.l .6 The t1 !T1e par1meters are :
t/dcnri fy. d i.l ppropnare, milestone du te s. duratiom or fast track s(hctd1dmg J
Based on August 1, 1999 not i ce to proceed, construction documents will be
comp l eted on or ab ou t Ja nuary l, 2000 wit h beneficial occupancy on or about
October 2000 .
1.1.l .7 The proposed procurement or de!i,·erv method for th e Project is:
([denu/v met/rod such as compewive bid, negouuted L·omrac:. or (o,wrucuon m,magemenc J
Contractor's Qualific a ti on , Sh o rt List, th en Co mpe titive Bid .
1.1.l .8 O ther parameters are:
([Jcn1tfv :s peniJI charac teris ucs or needs o_f tht p .. oJecz such JS rm ergy. ,m•ironmental o r h1stor 1C preurvation
req11irement s.)
The Owne r s ha ll prov id e co mpl e t e i nform a tio n i nclud i ng as-bu ilt
draw i ngs an d sp ec ificati on s of th e exi s ti ng bu ildi ng .
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Cl 19 9 7 A l A®
AIA DOCUMENT 1141-1997
STAN DARD FO RM
AGR EEM ENT
The Amer ica n lns t1r ut e
of Archuecrs
1735 N•w York Av •nu,. N.W.
Wash,ngton. D.C. 20006·5292
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1.1.3 PROJECT TEAM
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1.1.3. 1 The O wner's Desi gnJted Re presentJt1\'e is:
( Lzsr na me. uddrcH and o thrr informauon . J
Dennis Stowe, Manager
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Litt l eton /Eng l ewood Wastewater Treatment Pl ant
2900 S. Platte River Dr.
Englewood, CO 80110
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1.1.3.2 The persons o r enti!ies. in Jddit10n 10 the O wner 's De si gnJt~d Re prese ntJt ive. who J re
required to review the Architect 's submilllls to the Owner Jre :
( Li st name. address and other ,nformauo n .J
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Division Head at Littleton /Englewood Wastewate r Tr ea tm ent Pl ant
Supervisory Committee
1.1.3.3 The Owner's other consultJnts Jnd co ntrJ ct ors J re :
( Li st disc,pline und. 1/ known, 1dent zfv th ~m by na me ,md .iddress
None
1.1.3.4 The Arch itect 's DesignJted RepresentJt ive is:
(L IS I name. addre ss and other 1nf ormat1on.J
David B. Fisher, Principa l
Chris Fisher, Project Manager
Fisher Associates, Architects and Eng i neers
1.1.3.5 The consultJnts retJined at the Arch itect 's expense Jre :
( Lisi J isn plt nt and. 1/ known, 1J.:m ifv them by name ~md uddrtH J
Electrical Engineer; Corey Electrica l Eng i neer i ng, I nc.
Mechanical Engineer; MKK Consulting Engineers, Inc.
Civil & Structural Engineer; J.F. Sato and Associates
1.1.4 Other important initill information is:
Geotechnical soils to be furnished as a part of this agreement .
1.1.5 When the services under this Agreement include contrJct administrJtion serv ices . the
GenerJl Cond itions of the ContrJct for Construction shall be the ediuon of Al.-\ Document .~01
current as o f the date of this Agreement, or as follows :
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner
and Architect in determining the Architect's compensation. Both parties, however. recognize that
such information may change and. in that event. the Owner and the Architect shall negotiate
appropriate ad justments in schedule, compensation and Change in Services in accordance with
Pmgraph 1.3.3. Any adjustments sha 11 be approved, in writing, by the
Supervisory Committee before becoming a part of this I
article .
C 1 9 9 7 A I A I!)
AIA DOCUMENT 1141-1997
STANDARD FORM
AGREEMENT
The Americ•n lnsruure
of .Arch i recrs
1735 Ntw York Avtnut. N. W.
Washington. D.C. 20006-5292
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ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.l The Ow ner and the :\rc:mect shall cooperate with one another to fulfill 1he1r respec tive
o bligations under this .\gree.ment. Both parties sh all endeavor to maintain good working
relationships among all members or the Project learn .
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under th is Agreement . the Owner ,hall p rov ide rull 1nformat1on
in J timely manner regarding requirements fo r and limitations o n the Pro1ect. The Owner shall
fu rnish lo the Arch it ect. within 15 Javs after receipt o f a written request. info r mauon necessarv
and relevant for the ..vchnect to e,·aluate . give notice of or en fo rce lien nghts.
included in the ov•rall b ud get o r a r,
to l COI.CJ['Olldi11s e!,on~e .n l
1.2 .2.3 The Ow ner's Designated Representative 1denufied in Paragraph 1.1.; shall be authorized to
act o n the Owner's behalf vuh respect to the Pro 1ec t. The Owner o r th e O wner's Designated
Representative shall render dec isions in a ti mely manner pertai nin g to documents su bmitted bv
the Architect in order to avoid u nreasonable delay in the order!\' and sequ enua l progress of th e
Architect 's servi ces.
1.2.2 .5 Unless otherwise provided in this .\greement. the Ow ner shall furnish tests. ins pections
and report s required by law or the Contract D0cuments. such as structural. mechanical. and
chem1Cal tests. tests for air and ,vater po llut io n . and tests fo r haza rd ous materials .
1.2 .2.6 The Owner shall furnish all lega l, insu rance and ac co unting services. including audiung
services. that may be reasonably n ecessary at anv ti me fo r the Proj ec t to meet the O wner's needs
and interests.
1.2.2 .7 The O wner shall provide prompt written n ot ice to the .\rchitect if the Owner beco mes
aware o f any fault o r defect in the Pro1ect. includi ng any errors. omissions or inc o nsistencies in
the Architect's Instruments o f Ser,1Ce .
1.2 .3 ARCHITECT
1.2 .3.1 The services perfo rmed bv the .\rchnect. .\rchnect 's emplovees and .\rchite ct 's consultants
shall be as enumerated in .\!t ide i.-1.
1.2.3 .2 The Architect's servic es shall be performed as expeditiously as is consistent wnh
professional skill and care and the o rderly progress of :he Pro jec t. The .\rch1tect sh all subm it fo r
the Owner's approval a schedule fo r the performance of the .\rchitect's servic es which 1mt1a lly
shall be consistent with the lime periods established in Subparagraph 1.1.:.6 and which shall be
adjusted . if necessary, as the Pro ject p roceeds. This schedule shall include allowances for periods
of ti m~ required for the Owner's review, for the performance o f the Owner's consultants. and fo r
approval of submissions by authorities having jurisdiction over the Project. T ime li mits
established by t his schedule approved by the Owner shall not. exc e pt fo r reasonab le cause . be
exceeded by the ,\!chi tect or Owner.
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Cl I 9 9 7 A I i\ (I
AIA DOCUMENT 1141-lfl7
STANDARD FORM
AGREEMENT
The Amennn lnsmure
of Arch,recrs
1735 Ne•"' York Avenue. N.W
w .. n,ngton, o.c. 20006-5292
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C) I 9 9 7 A I A (P>
AIA DOCUMENT 1'141-19'7
STANDARD FORM
AGREEM ENT
The American lnsrirure
of Archirects
1735 New York Avenue. N. W .
Wasn ,ngron. D.C. 20006-52 92
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1.2.3.3 The Architect 's Designa te d Repre se ntat iv e identified in Pa ragraph 1.1.3 ·hall be Juth onze d
to ac t on the Architect 's behalf wi th re spect to the Proj ect.
1.2.3.4 The Architect shall maintain th e confi dentiality o f in fo rmat ion specificall v designated as
confidential by th e Owner. unless withho lding such information wo uld violate th e IJw create he
risk of sign ifi cant harm to th e public or prevent the Architect fro m establi shi ng .1 cl aim or der"en se
in an ad judicatory proceeding . The .-',rchi tect shall re qu ire of the .-',rchitect 's consultants similar
agreements to maint ain th e co nfi dentialit y of in fo rm a tio n sp ec1fi ca llv design.ned as co nfidenua l
by th e Ow ner.
1.2.3 .5 Excep t wit h th e Owner's know led ge and consent . th e .-',rch11ect shall no t en:pge in an v
ac tivi ty, or ac cept anv emplovment. interes t or rnntn b ut 1on that would reas o nabl v Jppear to
compromise the .-\rchitect 's profe ss iona l judgment wi t h respect to thi, Proj ec t.
1.2.3.6 The .-\rchi tec t shall review "law s. cod es. and reg ubuons applicable to th e ,-',rch1tect 's
services. The .-\rch1tect shall respo nd in t he des ign o f the Proj ect to require:nent s imposed bv
governmental auth om ies having 1ur isJict1on ov er the Pro1 ect .
1.2 .3.7 The .-\rchitect shall be ent itl ed to rel v on t he accur~c :-· and co mp let eness of serv ic es Jnd
info rmat io n furni shed by t he Owner. The .-',rchitect sha ll provide prom pt wmten no uce to th e
Owne r if the .-\rchit ect beco me s aware of an y erro rs, o mi ssio ns or inc o ns is tencie s in such servtces
or in fo rmat ion.
ARTICLE 1.3 TERMS ANO CONDITIONS
1.3.1 COST OF THE WORK
1.3 .1.1 The Cos t of th e \Yo rk sh a ll b.; the tota l cost or. to th e extent th e Pro ject 1s no t com pl ete d.
th e est imated cost to the Ow ne r o f all el eme n ts of the Pro1 ect design ed or sp ecifi ed bv the
Architect.
1.3.1.2 The Cost ot th e \\'a rk sh all 1ncluJe th e cost Jt cu rr ent market ra tes o f la bo r .1nd matena ls
fu rni sh ed by the Ow ner an d equipment design ed . specifi ed, selected or speciall v provid ed fo r bv
the Archite ct, includi ng th e costs of management or s u pervisio n or co nst rurnon or installati on
provid ed by a separate co nstrucuon manager or co ntract or. pl us a reJso na bl e all owa nce fo r the ir
overhead an d profit. In addiuon . J reas o nab le allowance fo r co nlin ge nc ies sha ll be incl uded fo r
market conditio ns at th e time of bid d ing and fo r changes in the Work .
1.3 .1.3 The Cost of th e Wo rk does not include th e co mp ensat ion or the .-\rc hi te ct Jnd the
.-\rchi te ct 's co nsultants. th e cos ts of th e la nd. righ ts-of-,,av and fi nancin g or ot her costs th at are
the responsibil ity of th e Ow ner.
1.3 .2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings . specifi cauon s and other documents, including those in dectronic fo rm .
prepared by the .-\rch 1te ct and the Arc hnect's co ns ultants are Instruments of Service fo r use sole -/<:
ly with respe ct to this Project . Ti:e .ldth1tect Jltd the .·a,:.:t c ... 's t011Sults11ts sL ... :1 :..e dc .... ucd ~Le G
a-.tke,s aRil d •RHS df tkltr ,esfh!-ti i! lftslAHth?AlS ef Sap ·iez dREi ;Ii.Bil r@tiliPl :1 ~1 Ldfl1PBSP1 la
Elihtle~· aRS etAlr FeSlF ,iii ngkts, IR ·hoii11g ·eff:rigRe ·
1.3 .2.2 Upon execut io n o f th is Agreement. the Architect grants to the Owner J nonexclusive
license to reproduce the .-\rchitec t's Instruments of Ser,ice solely fo r pur poses oi constructing .
us ing and maintaining the Project , provided that the Owner shall co mp ly with all obligations.
including prompt payment of all sums when due . under this .-',greement. The Archi tect shall
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ll tJ1n s1 m1br nonexclusive lic enses rom the :\rchuect s co nsultJnls co ns is tent wu h this
Agreeme nt . Anv termination of this .-\g reemer.t n o r o .:ompleuon ll f the Pro1 ect sha ll te cm1nate
this IKens e. Upon s uch lerm1nat1 o n. tne Ow e, m a ll refrJ1n from ma 1ng fu r her reprod cuons
o f Instruments o f ServtCe and s hJ I ret urn Ill the -\rcnnect wuh1n seve n Javs 01 terminJt1o n ... II
ll rtg 1nab Jnd reproductions in he O wner , o se»1on o r control. II .. nu ur,on h e Jate the
Architect 1s ad judged in default o r thi s .\ reement . h e io re~o ing 1ame hall be eemed
terminated Jnd re pl ac ed bv a second. no nex clus1w lic ense I ermuung th e O " ner to Jut honze
othe r simil arl y cred entialed design p rofessio na ls o re rod uce Jnll . ,,here erm 11ted b,· la w. to
make changes. co r rectio ns o r Jddiuons to th e Instruments 01· Sen ,ce ,oieh tor pu rp os e o r
completi n g , using and m a1ntJin1ng the Pro1 ect
1.3 .l .3 Ex ce pt fo r the licenses g r J nt ed in SubparagrJ ph 1.3 :.:. n other license o r ngh t shJ II be
de emed granted or im plied under th is .-'.greement. The O,,•ner shJII no t Js,1gn. de ie:,pt e.
s u blicens e . pledge o r otherwise t ra n sfer Jny license grJnted herein to Jn o the r an v wnhout t he
prio r written ag ree m ent of the .-\rch itecl. Howe,·er. the O wner sha ll e ermllted to Jutho nze th e
Contracto r. SubcontrJctors, Sub-subcontrac tors J nd ma teria l o r equI[J ment p li a s to
reproduce Jpplicable port ions of the Instrument s o r Serv1a approp mte to and to r se in th e ir
ex ecution of the \vo rk bv lice nse g ranted in Su bpa ragraph 1.3.:.:::. ·ubm1ss1o n o r distnbuuon or
In struments of Se rv1Ce to meet offi c ial regula tor.· req uirements o r fo r s1m1lar pur o·es 1n
connec11on with the Pro ject 1s n ot lo be co nstrued as publication in derogauon o i th e re served
rights of the .-\rchi tect an d the Arch itect 's co ns ult J nts . The O,vner shall no t use th e In struments
of Service fo r fu t ure addit1o ns o r alterJt io ns to thi s Project o r fo r othe r pro1 ects. unless the o, ner
obtains the prior wntten Jgreement o f the Archuect a n d the .-\rchnect·s c o ns it JntS. :\nv
un a ut honzed use of the In s truments o f Serv ice sh all be at th e Owne r'· sole nsk an d w1th o ut
lia b1litv to the .-\rch1tect a nd the .-\rch itec t's cons u !tJnts.
1.3 .2.• Pno r to the .-\rch1tect provid i ng to th e Owner J ny Inst r ument s of Se rv 1Ce in dectronic
fo rm o r the O wn er p rovidi n g to t he .-\rc hitect a nv el ectro n ic data fo r 1nco r porJt1 o n ,m o h~
In st ruments of Serv\Ce . th e Ow ner and the ,-\rc hi tect shJII bv separ Jte wrlllen Jgreeme nt ,et fo rt h
the specific co nditions govern ing the fo rmJt of such In stru ment, of ServtCe u r e .ec tronic dJta .
including Jnv s peCi a l limitauo ns o r licen ses nLl! o th erwise prov ided 1n this .-'.g reement
1.3 .3 CHANGE IN SERVICES
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1.3.3.l ChJnge in Servic es of the .-\rchi tect. incl ud in g services re q uired of the .-\rchitect 's
co nsu !tJnt s. ma y be Jccom plis h ed after ex ecuuon of this Agreement, wnhout 1nvJ!id Jt ing the
.-\greemem . 1f mutuallv agreed in wri ti ng , if req uired bv ci rcu m stances bevo nd the .-\rchitect's
co ntrol. o r 1f the .-\rch1t ect's services Jre a ffected as described in u b paragrJ ph 1.3.3.:::. In he
abs e nce oi mutual agreement in wr it ing, th e .-\rchi te ct shall nou fv the Ow ner pnor to p roviding
such services. If the O ,vner deems that J II o r J part of su c h Ch ange in Serv ices is n o t required. the
Ow ne r shall give prom pt ,vr itten n ot ic e to the Arch itect. J nd 1he .-'.rchuect sha ll have no
obliganon to p rovide those se rvices. Exce pt fo r a change d u e to the fault o f the .\rch itect. Change
in Services of the .-\rc h itect sha ll ent itle the .-\rch nect to an ad justment in compe nsJlion pu rsuant
to Pa rag:aph 1.5 .1. and to J ny Re im b ursable Expenses d e scribed in Subpa'.Jgra ph_ 1.3.9 . .: J nd HIii
Paragr a pn 1.;.5. Any change in Service sha 11 be approved, 1 n wn t 1 ng, c1't
by the Supervisory Committee before the change is e f fective. " .a
1.3 .3.2 If an y of the following circumstances a ffect t he .-\rch uect's se rvices fo r the Pro ject . °o,:;·a::;:,·c<5'
the Arc hitect shall be entitled to an appropriate Jd ju s tme n t in the Arch itect's sch ed u le c===i
and co m pensat ion : !,~• ~cu~'i'N~ 1141•1997
.1 change in the instructi ons o r approvals given by the O ,vner that ne ces s itate revisio ns in STANDARD FOR M
Instruments of Service: AGREEMEN T
2 enJctment o r rev isi o n o f codes, laws o r reg u la ti o ns or oftiC1al in terpre tation s which
ne cessitate changes to pre vi ouslv prepared Instruments of Servi c e:
I
The Ame n can 1nu 1rut e
of Arch1tects
1735 New Yor k Ave nue . NW
Wa shington, D.C. 20006-5292
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l decisions of the Owner no t rendered in a umelv manner:
• s,gndicant change in the Project including. but no t li m ned to. size . q ua lnv. complexn".
the O wner's schedule o r budget. o r procure ment method :
s failure of performance o n the par oi the O, ne r o r the Owners consultants
o r ,ontracto rs :
6 p reparat io n fo r and attendance at a p ubli c he aring . a dispute resoluuon rocuding ,>r
a le3a l proceedi ng except where th e .-\J'chnect ,s am· th ereto:
7 ch ange 1n the information co ntained in ...\rncl e 1.1.
1.-3,+.,1-,\A>,'C...-.,..W..J;U;ijil,j.l.UlLJllJl.U..~---.J"'~=...u:w.l!-' ...... ...,._ ..................... -*""'~"""""'-
may -..ililij be sub1ec t to mediation as a condi t1 on p recedent to J nrauon o r the 1mt11ut1 o n o l lega l or
equitable proceedings by either partv. If sud , matte r rebt to o r ts the sub1 ec o i J li en ans1 n11 ,ut
of the .-\J'ch11ect 's serv ices . the Architect mav p roae ,n accordance wnh Jppli cJble b" to
com plv w11h t he li en nouce o r filing deadlines pnor t resoluuon o r th e mJtter b" :ned1at10n ,r
by ar b1trat1on.
0 1 99 7 A I A.
AIA DOCUMENT 1141-1997
STANDARD FORM
AGREEMEN T
The Amer1can lnstirure
of Architec ts
1735 Ne•N York Aven ue , N W
wa,n,ngron . D C. 20006-5292
1.3.4 .2 The O,vna and .-\J'ch 11ec: s hall e ndeavo r o re,ol"e claim,. disputes Jnd other matters in
qu esti o n between them by med1at1 o n whteh. u ess the par ,es mutua I" Jgree ,i therw1 se. ,hall be
in Jccordanc e w11h th e Co nstructio n lndu rv :',.led1a11 on Rules or the .-\rnerican Ar 1trat1 on
. .\ssociation currentlv in effect. Request fo r ediat1on ,hall' e riled in wnung w11h the o ther pam·
to this Agreement and wnh the . .\mer an .-\J'b11rauon . .\ss0Gat1 o n . The request rnav be made
concurrentlv ,vi th the filing o r a de and fo r arbnrauon but. ,n sue:, e\'ent . med,auon sh J II
p roceed in Jd\'ance of arbnrauo n o r e;pl o r equ11a ble proceedings . wh,c:i shall be st J\'ed pend,~g
rnediauon fo r J penod o f 60 dav fr om th e date o r fili ng. un ess sta,·ed ro r J longer period bv
J gree rnent of the panies or co u~'!{
1.3 .4.3 The par ties shall sh e the~o r , fe e Jnd anv filing fee s equallv The med1 a uon shall
be held in the p lace wher he Protect ts located. unless another locat1on ,s mu tualh· Jgreed upon.
reached in ediauo n shall be enforceJb e a se11le ment J reem e nts ,n am court
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may ~ be su b1 e<.:t to arbitration . Prior to arbitration. the parues sh endea\'Or to resolve disputes by
med iation ,n accordance with Pa ragraph 1.3.4.
1.3 .5.2 Clai m s. disputes and c tha matters in qu esuon be see n the parties that are n ot resol"ed bv
med iation s hall be dec ided by arbmauo n w hich . unles the part ies mutua llv agree o thenv1se. sh all
be in acco rdance with the Construction lndustrv . 1trauo n Rules of the . .\mencan .-\J'b nrauon
Assoc iauo n c urrentlv in effect. The dema nd fo r a nrauon sh a ll be fi led 1n wriung "''th the other
pa rty to this . .\greement and wit h the ...\menct.·'b"b1trat1on Ass o'1 at1on .
1.3.5 .3 ...\ d e m and fo r arbitration shall be a~hin J reas o nable ume after the daim. dispute
or other matter in questlon has a risen . no event shall the demand fo r arbitration be made a ft er
the d ate when ins t itut ion of legal or ui table proceedings based o n suc h daim. dispute o r other
matter in q uestion would be barre y the applicable statute of li rnitauon s.
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d.iJpblc 01 otl.a mattu ;u qaestio11 110c desu ibed ih the "1 itt eR c.:eAS@Rt ar , ·itR a f1@ FEQ R °'"
ent1tv not named o r described therein. The fo regoin · agreement to arbitrate and o ther agreements
to arbitrate with an additional person o r entity Iv consented to by parties to this .-\greement
shall be specificallv enforceable in accordance, "th applicable law in anv w urt having junsdiction
thereof. ~
1.3 .5.5 tor or ~itrators shall be final. and judgment mav be
1.3 .6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages fo r daims. disputes o r other malters
in question arising out of or relating to this .-\greement. This mutual waiver 1s appli ,able. wnhout
limitation. to all ,onseguential damages due to either party 's terminat ion in Jc co rdJnc e w1th
Paragraph 1.3-8.
1.3 .7 MISCELLANEOUS PROVISIONS
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1.3 .7.1 This Agreement shall be governed by the law of-l~~,~i<i.:~i f.>lu.. .. ...i.:.""..:.:~s.-_>I·..;~~ C8"
. .IJcinm:r:=~s-crrnu,~~l'l"'O"'~chrr~r:i;r:?pl,-e:-:;,-~ of A rapa noe Count y Co 1 o raao.
1.3 .7.2 Terms in this .-\gree ment shall have th e same meaning JS h o,e in th e ed1 u o n o r Ai.>,
Document :\.101. General Condition s of the Contract fo r Co nstru,uo n . .:urre m :i.s o f he ,fate o i
thts .-\greement.
1.3 .7.3 Causes of acuon between the parties to this Agreement er aming to ac:s v r fa ilure to a"
shall be deemed to have a"rued and the applicable statutes o i li mnauons sh a ! co mmenc e o run
not later than enher the date of Substantial Completio n for acts o r failure s to ac t oc.:umng pn o r
to Substantial Completion or the date of issuance of the final Certtficate io r Pavment fo r J.:t s
or failure s to act occu rring after Substantial Comple11on . In no event sna il sucn statutes o i
limitauons commence to run any later than the date when the .-\rch1tec:, serv ice s are
substan:ially com pl eted.
1.3 .7.• To the extent damages are covered by property insurance during co mtru uon . the Owne,
and th e Architect waive all rights against each other and again st the .:o ntracto rs . co nsultants.
agents and employees of the other for damages. excep t such rights as thev mav have to the
proceeds of such insurance as set forth in the edit io n of .-\IA Document .-\:ot. General Co ndn1on s
of the Contract for Construction , current as of the date of this Agreem e nt . T h e Owner o r the
Architect. as appropriate , shall req u ire of the contractors, consultants. agent s and emplovees o f
anv of them similar waivers in favo r of the other parties enumerated herein .
1.3.7.5 Nothing contained in this Agreement shall create a contractual relat1onsh1p wnh o r J cause
of act io n in favor of a thi rd party against either the Owner or .-\rch1tect.
1.3.7.6 Unless otherwise provided in this Agreement. the Arch itect and .-\rc:i1tect 's consultants
shall have no re spons ibili ty for the discovery, presence, handling . removal or disposal or" o r
exposure of persons to h.izardous materi als or toxic substances in any form at the Pro1ect si te.
1.3 .7.7 The .-\rchitect shall have the right to include photographic o r artistic representations of the
design of the Project among the Architect's promotional and professional materials. The .-\rchi te ct
shall be given reasonable access to the completed Project to make such representations. f'll:)-.,,!,J"eT,
1he .-\rchitect's materials shall not include the Owner 's confidential or proprietarv informationit*
-!A .. ~ -'\a• pi;e.i;iui..4-' ~ i:i.ed. t.h,e_\ri;b.i.i.ea ~ »'titil:lg .cl J..b.e..speci&; .ic.foi:.m atio.n. Clll1S idewi..
~-OwA«-!9~..:.MIR.wntia+~f.Pl'Of'NI.V:-The Owner shall provide professional credit for..,
the ,-\rchi tect in the Owner's promotional materials for the Project. C.'\-r
* nor shall t il e materials imply endorsemen t by tile Ow ne r.
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AIA DOCUMENT 1141-1997
STANDARD FORM
AGREEMENT
Tht Amtrican ln s11rure
of Arch,rec rs
173 5 New York Ave nue. N.W
Washinsron. D.C. 20006-5292
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AIA DOCUMENT 1141-19'7
STANDARD FORM
AGREEMENT
The American lnsr irutt
of Archirtta
1735 New York Avenue, N.W.
Washongron . D.C. 20006-5292
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1.3 .7.8 If the O wner requests t he .\rchnect to execute certtficates , the pro posed !Jnguage oi suc h
certificates sh all be submitted o the Archnect fo r re,•1 e,,• at leas t 14 davs pri o r to t he requested
dates of execu t ion . T he .~crutect shall not be requi red to execute cert ifi c ate s that would req uire
knowledge. services or respo ns1bil it1 es be i·o nd t he sco pe o f thi s .\greement.
1.3 .7.9 T he O wner Jnd .~chnect . respecuve lv, bind the m selves. thei r partners. suc.:e ,sors. J.rngns
and lega l rep resentau,·es to the o t her part v to this Agreement Jnd to th e partners. succes o rs.
assigns and legal representatives of su ch oth er pa n v wuh res pect to JII covenant s o f 1h1s
Agree ment. Neither the O wner nor the .~ch 1tec t s ha ll Jss1gn t his .\g reement wi t hout ,h e vmten
consent of t he other. except th at t he O wner mav assign th is .\gree ment to Jn inst tut 1o nal lender
providing tinancing for the Pro1ect. In uch event. th ~ le nder shall Jssume th e O wner , ngh ts nJ
o bl ig ations u nder this Agreement. The Architect ha ll e,ecute J I! co nsents reasonablv req u ired to
facilitate su ch assignmen t.
1.3 .8 TERMINATION OR SUSP!NS ION
1.3 .8 .l If the Owner fails to make pavment , to :he .\rch1tec1 1n JGordance w1th h is .\greement.
suc h failu re sh all be co nsidered sub,tJnt1al :1onperiorm n.:e Jnd .:Juse fo r :erm1nauon o r. Jt ne
.~ch1 tect 's o ption. cause fo r susrens1on o i e iormance o i ,erv1ces under this .\greemen . f the
Archi tect elects to suspend services. pnor to ,usre:1s1 on oi serv 1.:e s. th e .~ch1tect hall •1,e ,eve:,
davs' wrmen notice to the O wner. In t he event o i J s u spension of services. th e Arch1tec: ,nJJI have
no liability to th e O wner fo r ae!Jv o r damage c aused he O wner becau,e of sue:, suspe nsion o f
serv ices. Before resuming senxes. th e .~ch1tect sh a ll be pa1J ,tl+,u ms due p ri o r to ,uspens1 on and
anv expenses incurred in the 1nterrupt1 o n and re sumption o i the Ar ci11tect 's services. The
M ch1tect's fees fo r t he*remJin,ng services and t he lime .:hedules shJ I! be equ1tablv Jd Justed .
1.3 .8 .2 If th e Pro1 ect 1s su spended bv t he Owner fo r m o re t hJ n 30 co nsecutiv e davs . the .~ch1tect
shall be compensated fo r sen•JCes perfo rmed pnor to n otice o r uch su spension . When the Pro1 ect
is resumed . the Archaect shall be compensated fo -r' expe nses in.:u rred in the interruption and
resumptio n of the .~ch1t ect 's sen•ic es . T he .\.chitect ', fees fo r t h; remaining services Jnd the ti me
schedules s hJII be equita bly ad justed .
1.3 .8.3 If th e Pro1ect 1s suspended or the Archnect ', sen·1ce are us pended fo r rr.o re thJn 90
consecu ti ve days . the .v ch itect may term1nJt e this .\greement bv gJV ing not less thJn ·even davs '
wmten no uce .
1.3 .8.4 Thi s Agreement may be term1 nJted bv either par v upon not less than seve n davs · writte n
notice s h o uld the other party fail subs tanuallv to pe rior m in ac.:ordJnce wnh the terms of this
Agreement hrough no fault of the party in1t1at1n g he termination .
1.3 .8 .5 Thi s .\greement mai• be terminated bv the Owner u pon not less tha n seven d avs ' wntter.
no ua to th e .-\rchitect fo r the O wner's conven ience Jnd wnhout .:au e .
1.3.8 .6 In the event of terminallon no t th e fault o f t he Arch itect , the Mch1tect s hall be
compensated fo r sen•ices per fo rmed pnor to terminatto n . togeth er wnh Reimbursable Ex penses
thendueacuiaU.J,11:mi:1.u.iimLq,an.a.~.~.Jdii:a~~~~~l..,.3,;;,-
· utable to termination fo r which the .~cht tect 1s not otherwise
* mutua lly agreeab l e
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1.3 .9 PAYMENTS TO THE ARCHITECT
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1.3.9.1 P:iyments o n m:ount o f services rendered and fo r Reim bursable Ex penses incurred s hall
be made momhlv upon pre sentat ion o f t he Architect 's statem ent o f serv ices . No dedurnons sha ll
be made fr o m the Architect 's .:o mpensat ion o n :iccount o f pena ltv, liq uidated damages u r o t her
sums withheld fro m [JJ Vments to contractors, o r o n account o f the .:o st o f .:h ang~s in the \1·o rk
ot her than hose fo r wh ich the ..\rchaect ha s been ad judged to be liable .
1.J .9.2 Reimbursable Ex penses Jre in addition to compensation fo r t he .~rch itect's servic es Jnd
incl ude ex penses incurred bv the .~chitect and .~chitect 's em plov ee s and co n su ltants di rec t h
related to t he Pro1ect . JS idenufied in the follow ing (buses :
j: tr:ao~.1JIOIJii!! :tD:i:~i:(I<JlI: :;m:II: JlJc '?r011!C:'.' "lO ITTT1T17:e'ci' vtJT ·'tlT-10\'<'n ,n,~!--:,ne
;;"uo-;.i,rerii::e.-Jnu-ere-:r:ui'lii:-cuM'ri'lu1rt;:nrum:-
2 fees aid fo r securing approval o i Juthorit ies h aving 1u nsd icuon ove r he Pro1ec .
J reproducu ons. plots. standard form documents . po tage . h and li ng Jnd Jdiverv oi
, .
Instruments o fServ 1ce : Except for th i rty-five (35 ) sets of contract ocu me nt s or J ;_:
• expense o f overti me wo rk requinng h igher h an regula r ra te s 1f Ju th o nzed tn :i d ,ance
bv the O wner;
.s renderings . models and mock-ups re que sted bv t he O wner : C ..,".:
s expense of proiessional liabi!itv ins u rance J ed ic ated excl u s1v ek to this Pro1ec t o r th e
expense of additiona l insurance w verage o r li mits req ue ,ted bv th e O , n er in excess oi
that normallv carried by the .~chaect and the Arch n ect 's co nsu lt ant s:
.7 re,mbursable expenses as designated in Paragraph 1.5.;:
rm:tm,:ttmt;;;rrnrr e:m1sti-re!Jtc'd-m,r;cho=.-
1.3 .9.3 Records of Reimbursable Expenses. of expenses pertaining to a Change 1n Serv ice s. and oi
services performed o n the basis of hou rlv rates o r a mult1pl e of Direct Personnel Expense sha ll be
available to the Owner or the O"ner's authonzed rep re sentative at mutuallv co nvenient times.
1.3.9 .4 Direct Personnel Expens e 1s defined as the direct salaries of the .-\rch ite ct's personnel
engaged o n the Project lnd the portion of the cost o f thei r mandato1;· lnd customar,
co ntnbu t ions and benerit s rebted thereto, such as employment taxes and o ther statut o 1;·
employee bene fits. insur1nce . ,ick leave . holidavs, vac1t1 o ns. employee retirement plans and
similar comnbuuons. Ci'.;-
l. 3. 10 Disputes not resolved by 1.3.4 or 1.3 .5 shall be reso lved in an
Arap ahoe County Cour.tof competent jurisdiction .
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS ANO CONDITIONS
1.4 .1 Enwnerauon of Parts of the Agreement. This .-\greemem represents the ent ire and
integrated :igreemem between the O wner and th e .~chitect Jnd supersedes all pno r negotiat io ns.
representations o r agreeme nt s. e ither wrillen or o ra l. This Agreement mav be amended o n lv bv
written instrument signed bv both Owner and .~ch1tec1. This ,>-greemem co mpnses the
documents lis ted below.
1.4.1.1 Stand:ird Form of .>.greemem Between O wner and Architect .. -\I.\ Document Bt-11-1 99;.
1.4.1.2 Standard Form of ..\rchitect's Services: Design and Contract Administration. A!A
Document 8141-1997, or as follo,vs:
( List other documenlS . if any. deli11ea11ng .~rcl,iud; scope of serv,ces .}
1.4 .1.l Other documenu :is follows:
( Lis t other docu""'""· 1( Jnv. f orming part of the .~grtement . J
Request for Proposal Modification (June 25, 1999 ) by Fisher
Associates.
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AIA DOCUMENT 1141-1997
STANDARD FORM
AGRE;i'-IENT
Th e Am erican lns rnur e
of Architects
1735 New York Avenue, N W.
wa,h1ng1on, DC. 20006-5292
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1.4.2 Special Terms and Co nd itions . Special term s and condiuons that mod ify this .-\gree :nent
are as follows:
None
ARTICLE 1.5 COMPENSATION
1.5 .1 For the Architect's services as descr ibed under .-\rticl e q, compensat io n shall be
computed as follows:
Total lump sum of 567,360.00 to be divided into the following phases:
Schematic Design
Design Deve lo pment
Construction Documents
Bid /Negotiation
Construction Administration
$14,342
511,356
$28,200
S 3,791
S 9,471
1.5 .2 If the se rvices oi the .-\rchi tect are changed as described in Subparagraph t.3.3.1. the
Archuect's compensauon shall be adjusted . Such adjustment shall be c a lculated as describ ed
below or. i f no method of ad justment is indicated in this Paragraph 1.5.:. in an eq uitable
manner. All adjustments shall be approved by the Supervisory Committe, i n ~ir i ting,
(1 11sert basis of .:ompensa11on. 1nc/udi11g rares und mul 11ples o( D1recr Personnel Expense fo r Pn11c,pal, und before becoming
employees, und 1den11 f v Pr,nc,pals and class,_ry ,mplo_vees. ,( req111red. lden11fv ;pwjic ""'""' to ,vh,ch par11c -pa rt
O
f th i s
ular merhods of .:ompensa11on applv.i Agree ment .
Principal
Project Manager
Sr. project Architect
Project Architect
CAD /Designer
Administrative
$135.00 /h r
$105.00 /ll r
S 85.00 /hr
S 65.00 /h r
S 55.00 /il r
S 38.00/hr
1.5.3 For a Change in Servic es o i the .-1.rchitect 's consultants. co mpensau on sha ll be computed
as a multiple of one and one-ten th C l. l J times the amo unts bill ed to the
Architect fo r such services.
1.5 .4 For Reimbursable Expenses as described in Subparagraph t.3.9.~. Jnd anv o ther ,tern s
included in Paragraph 1.5 .5 as Re imbursable Expenses. the compensauon sh a ll be computed as a
multiple of one and one ten th ( 1. 1 ) umes the expenses incurred bv
the .-1.rchite ct, and the .-1.rchitect 's emplovees and consultants.
1.5 .S Other Reimbursable Expenses. if any. are as follows :
None
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C I 99 7 A I A®
AIA DOCUMENT 8141-1997
STANDARD FORM
AGUEMENT
The American ln smur,
of Archn,crs
1735 New York Avenue. N.W
Wa,h,n6ron. D.C. 20006-5292
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1.5 .6 The rJtes and multiples for services of the Archuect md the .-\rch 1tect's consultants JS set
fonh m this Ag reement ,-tr.in be adjustedf1n=nf::mt::.-,vmnhm-norm:Tl;al:ir;nti'l'~C't=s.
may 12 months after date of this agreement.
1.5 .7 An initial payment of zero Doll ars
(s O • 00 ) sha ll be made upon execut io n of th is Agreement and is the minimum
pavm ent under this Agreement. It shall be credited to the O wner's account at fina l pav ment.
Subsequent pavments for servic es shall be made m o nt hly, and where applicable. sh all be m
proportion to services performed o n the basis set forth in thi s .-\greement.
1.5.8 Pa yments are due Jnd payable fifteen ( 15 ) da,·s from th e d ate
o f the .-\rchitect 's invoice. Amounts unpaid thirty 30 l d avs after he
invoice date shall bear interest at the rate entered bdow. o r in th e Jbsence th ereof lt the le,p l rate
prevailing from time to time at the principal plJce of busines s 0f the .-\rchne L
(/nurr ratt! of interest ugreed upon . J
18% annua l or 1.5: monthly
(Usur y la ws and reqmremcnts "nder thf! Federal Tru th ,n L~nding :1cr. :,11nt!1Jr st uu ,.m d lo...·ul ,.:on~urm:r crcdu
hnvs and otha regu"mons at the Owner s and ,1rchu ecr s pr111npal pliias ui b11~rness. th e !ocat,on o f the p .. o Ject
and elsewhere mav affect the val id11 v of tlus provmon . Sp eczlic legal "Uvtct sho1dJ be ob tuinea 1v1th respec: ro
delt!tions or modificauons, und also regard ing reqmremem s j lld1 LlS 1v rtrtc?n dz sclo::ill res o r wa n ·ers . l
1.5.9 If the serv ices covered by this Agreement h ave n ot been completed within
fifteen 15 ) months o f the date here of. through no fault of the
Architect. extension of the .-\rchitect 's services ~yond that u me shall be com pensated as
provided in Pangraph 1.; . .!.
This Agreement entered into as of the day and year fi rst wntten above .
0 W N ER t Signatur,J AR C H I TE C T, Sig naru,, 1
Gary L. sears, City Manager Christopher T. Fisher, Vice President
(Pnnud ,1 ame and tu/e ) I Primed name and wle J
CAUTION: Yo u should sign an original . ..V.4. documtnt or a licensed rtproduc11on . Orig inal s co nt am the .4..IA. log o
printed tn rtd: licensed rtproducr ions are 1hose produced zn ai:cordance w,rh the lns rrnc uons 10 rhzs J0t.·u ment.
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AIA DOCUMENT 1141-1H7
STANDARD FORM
AGREEMENT
The Amenun lnsmure
of Arch1recrs
1735 New York Avenue , NW.
w .. h,ngron, DC. 20006-52 92
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1997 EDITION
AJA DOCUMENT 1 8141-1997
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2 .3 EVALUATION AND PLANNING SERVICES
2 .4 DESIGN SERVICES
2 .S CONSTRUCTION PROCUREMENT SERVICES
2 .6 CONTRACT ADMINISTRATION SERVICES
2 .7 FACILITY OPERATION SERVICES
2 .8 SCHEDULE OF SERVICES
2 .9 MODIFICATIONS
Cooyrishr 1917. 1926. 1948, 195 1, 1953, 1958, 1961 , 1963. 1966. 1967, 1970, 197•. 19n, 1987. 01997 by Ttw A,,,.r,un
1
nmrure of Arch,rKu. Reproduction of rhe ma renal twre,n or substantial quotaoon of its provmons without wntrftl
:e~~1ss 1on of the AIA v,olaru the co oyn ghr la w s o f rhe Ur,,rea Stares and w,11 sub1ecr ·he ·1,c l,r.,, ·:, e;al :,ros ~u-
•
ih,s documenr has ,mpor-
anr leg al cons eque nces
Con suu a r1on w irh an
anorney 1s enc ou ra ged
w ith respec r ro n s
co mple r1on o r mod 1f 1car1on
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AIA DOCUMENT 1141-1197
STANDARD FORM
SERVICES
TM Ameriun tnmrurt
of Arch11ec11
1735 Now York Avonve. N. W
Wuh,ng,on. D.C. 20006-5292
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C)l 997 A I Ail
AIA DOCUMENT 1141-lt,7
STANDARD FORM
SERV ICES
T~ American lnsr uu r~
of ArchllK U
1735 New York Avenue , N. W.
W1sh1ng1on , 0 C. 20006-S292
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ARTICLE 2 .1 PROJECT ADMINISTRATION SERVICES
2.1.1 The .-\rch1tect shJII mJnJge th e Architect 's scn·tee and administe r the Pro1 ec1. The
.-\rc!mect shall consult w1th the Owne r. research applioble des ign ..:mena. a11e nd r oiec:
meetings. communicate <1th mem bers of the Pro1ect team an d issu e progre,s reports . The
.-\rch1tect hall coordinate the services p rovided bv the .-\rc f.nect a nd the . .\r lmec: , con,ultants
wnh tho e serv1Ces provided by the O wner and the O wners ..:onsu ltants.
2.1.2 \Vh en Pro1ect requiremen ts have been s uflic ient lv identuicd . the :\rchnect sh J II r re are .
and penodicall v update . a Pro1ect ·chedu le thJ t hall idenufv m,bto ne dates fo r ec :s1o ns
required of th e Ow ner. design sen·,ces furnished by the .-\rchitect. compl eti on oi Joe mentauon
provided bv the . .\rch1tec t. co mmencement o r' .:o nstrucu o n Jnd Sub,tanual Com kuon oi the \\'o rk.
2.1.3 The .-\rchikct shall .:onsi der the value of Jlternall\e ma te nJb. udd ing ,v,tem, JnJ
equipment. together with other .:onsidera11on s based o n program . budget anJ Jes th eu c in
deve lo p in g th e design fo r the Pro1ect.
2.1.4 Upon request o f the Owner. the . .\rch1tect shall make a p resentauon to explain he design
of the Pro1 ect to representauves oi the O wner.
2.1.5 Th e .-\rchnect sh all submit des ign documents to th e O wner at 1r.terva ls arpropnate o he
design pro.:ess fo r purposes oi eva luat io n and approva l bv th e Owner. The Architect sh II be
entitled to re h· o n approvals received fr o m the O wner 1n th e fu rther de velopment of the design .
2.1.6 T h e .-\rchitect shall ass ist the O,mer 1n connec:10 11 wnh the O wner s responsibd n v fo r
filing docu ments required fo r the aprrova ! o f government:il authom,es h.l\'ing 1unsd1 ct1o n over
the Pro1 ec1.
2.1.7 EVALUATION OF BUDGET ANO COST OF THE WORK
2.1.7.1 When the Project requi rements h ave been s ufficientlv 1den11fied. the .-\rc h11 ect sha I
prepare a pre li m inary estimate of the Cost of the Work. Thi s esumate ma,· be b:ised o n current
JreJ . vol ume o r si m ilar conceptua l estimating techniques . As the design process p rog re sses
thro ugh the end of the p re parJti o n of the Co nstruction Docum ents . the .-\rch1tect s hall upda te
and refine the p re li mrna ry estimate oi the Cost of the Work. The .-\rch,tect s hall adv is e he Owner
of anv ad justments to pre vious estimates of the Cost o f the \Vo rk indicated bv changes 111 Pro1 ect
requi rements o r general market co ndit io ns . If at an y time the Architect 's estima te of the Cost o f
the Work exceeds the Owner's budget . the Architect shall m:ike appropriate recommend:iuo ns o
the O wner to ad just the Pro ject 's s ize . quality o r b udget. and the Owner sh all cooperate with th e
Archnect in making such Jd ju stmen ts .
2.1.7.2 Ev:iluations o f the O wner's budget fo r the Project. the p relim111:irv em mate of the Cost of
the Work and updated estimates of th e Cost of th e Work prepared b:,, the .-\rch11ect rep re sent the
Architect 's ju dg ment as a design professional familiar with the construction industrv. It is
recognized . however. th:it ne11hcr the .-\rchitect nor the Ow ner has control over the cost of l:ibor,
mJtenals o r equi pme nt. over th e Contractor's methods of determining bid pr ices. o r over
co mpeti tive bidding , m:ir ket or ne~otiatrng cond itio ns. Accordinglv. the Mch11ect cannot and
does not w:irrant o r re p re sent that bids or neg o tiJted prices will not vary fro m the Owner's
budget for the Project or fro m anv estimate of the Cost of the Wo rk o r evaluation p repared o r
ag re ed to by the .-\rch1tect.
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2 .1.7.3 In preplnng esumJtes oi the Cost 0f the Wo rk . th e .-\rch11e c1 shall be perm i1ted 10 include
co n11ngenc1e fo r de ign. bidding J nd price escJ!J11o n: 10 determ ine wh Jt mJteriJls. equipment ,
co m po nent svs tems and types of construction are 10 be included in the Co nlrJct Documents. o
m:tke reJsonable adjustments in the scope of the Project and 10 include ,n the Co nlrJc:
Docu ment s JlternJte bids JS mJv be necess arv o ad just th e est imated Cost of he \ork o meet
. .
th e Owner 's bud ge t fo r the Cos t o f the Wo rk. : . -·· :.. . • · . r . _ • . __ .... " : .. :_,(L
execut io n o f the Con tract between th e Owner Jnd h .ntracwr causes the bud 0 et fo r ,he Cost •·-a
2.1.7.4 If b idd in g or neg ol!Jtlon has n ot commenced wi thin 90 dJvs l iter the .-\rc:l!lect submns
the Co nstruc tio n Documents lo th e Owner. the bu dget fo r th e Co ·t o f the Wo rk shJII be
Jd jus ted 10 reflect changes 1n the generJ I leve! oi pnces in the co nstruc t10n 1ndustrv.
2.1.7 .5 If the budget fo r the Cost of th e Wo rk ,s exceeded bv the Jo ,,est bonJ tide ' 1d or
neg orilted proposJI. the Owner shall :
.1 give written lpproval of an incease in 1he budge: fo r the Cost of the \'o r :
.2 au thorize rebidding or renegot1ating oi the i'ro1ec1 wnhin .1 reJs o nJble 11me:
.J terminJte in Jcco rdan ce with Subplragcaph 1.3 .. ·: or
.• .:ooperJte in re vis ing the Proj ect scope Jnd qu J litv as required to reduce th e Cost o f the
Wo rk .
. -\rchi tect shall be entitled to compensation in acc ordance with this Agreement fo r all ·e rv1Ces
performed whether or not co nstruction is co mmenced .
ARTICLE 2 .2 SUPPORTING SERVICES
2.2.1 Un less spec1fic JIJ v designated in Para graph !.~.3, th e services in this Art ide !.~ shall be
provided by the Owner or the Owner's co nsultant s and contract ors .
2.l .1.1 The Owne r sh all furnish a p rogram setting fonh the Owner·s ob1e c ives, schedul e.
constrJJnts and cnteriJ, including space requirements and re!auonsh1ps. speciJI equipment.
S\ stems JJ1d Site requirements .
2.2.1.2 The Owner shall furnish survevs to dese1be phys1C J! chJrJctec1st1Cs . legJ I li m1t J t1o ns Jnd
ut1 ln v loc Jt1ons fo r the site of the Proiect . and a wn1ten lepl descnpllo n of the site . The survevs
and le;pl iniormauon sh all include. as lppl!Cab le, grJde s and Im es of streets. allevs. pJve ments
and adjoining pro perty and structures: adj acent dra inJge: nghts-of--.Jv, re strict io ns. easements.
en roachments. zo ning , deed restrictio ns . boundaries and .:amours of the si te : loc Jt io ns . d imen -
sions Jnd necessary data with respect to existing building s, other improvement s and trees: and
mformauon co ncerning available uulitv serv1Ces and lines . both publ!C and pnvate. above and
below grade, includ ing inverts and depths. All the information on the survev shall be referenced
to a Proiect benchmark .
~ ~ 1 i TRe Q, •Rer ska~Risft ser•ices 0f 0 eeted1fti.!al eng.nten ·PliePl .11a. il'!tlad, !at a:e .. et
li~11.a8 l8 czs t 0e Fmg,s,:-test f)its. Setefffttflatiefts af se1l !c:2 .1.g slucs . pu coi at io a .ests. c, alas
tici.s ai liars.debs mattriais, 0 re ~PJ8 csrresieR tlS\3 a.P18 rest5t: ·.t: tests, iRehu4iAg fhlii!tiCiF:'
Bf!e .3t.8FU :e , ll!Ueif!Blil!~ ;ioe seil c8P1Si1ie11s . ·iii! F@f!BMS uie if!f!FBf!Fiald ,~.e111111,~.
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0 1997 A l .4/9
AIA DOCUMENT 1141-1ff7
STANDARD FORM
SERVICES
The American lnst rtu re
of Arc h1tKfS
173 5 Ne-w York Avenue. N.W .
Wash •ngron, D.C. 20006-S292
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ARTICLE 2.3 EVALUATION ANO PLANNING SERVICES
2.3.1 The .-\rchnect shall provide J pre li m1nJry evJluJt IOn o i the mio rmJt;on f, rm sh ed bv the
Owner under this Agreement . including the Ow nd, prog rJm Jnd ·chedu1e ,equ:remem s Jnd
bud et fo r he Cost of the ~·ork. eJch in terms o f the o t he,. Th e .\r hne~: ,nJ il ,e-.,e" ch
1nformau o n to JSCe rtam that it is c0 n s1stent ,,nh t he requirements o i th e Pr 1ec: Jnd ,hall
noufv h e O , ner oi anv o ther 1niormauo n o r consultJnt ,erY ices thJl J\' be •eJ,nnJtllv ,eeJed
fo r the Pro1 ect.
2.3 .2 The .-\rch1t ect s hJ!I provide a pre li m1nJn· e,·JluJuon o i the O wner , ,Ile ror · ne P,o,e::
based on the mformauon provided bv th e O wner oi ,Ile co ndiuo ns. Jnd ;he U" ,er , ;,rog r:im .
·chedu le and budget fo r the Cos t o i the \\'ork.
2.3.3 The .-\rch1tecl sh:ill revie w t he Ow ner s propo,ed method o i cont ra.:t mg :,,r .on tn.c on
,ervtCe s and shall no ufv the Owne, o i JnllCl pated impacts that such rnei hua mJ1 ~a,e ,m the
0 1vner s program. firranc ial ,ind time req uirement s. Jnd th e ,co pe of he Pro 1ect.
ART I CLE 2 .4 DESIGN SERVICES
2.4.1 The .-\rchnect 's design ser vic es ,hall 1ndude normJ I ,tructura l. rnec hJnicJ ! Jna d ectn ·J I
engmeenng sen·1ces .
2.4 .2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The .-\rchitect sha ll provide 'chemau.: Design Documents base on th e mutuJ Iv agr eed -
upon progrJm. schedu le. and budget fo r the Cos t oi the \\'o rk. The documents shJ I! estJb!ish the
conceptua l design o f the Project illu str:iung the scale :ind relau o nsh1p o i the Pro1en c0 mpo nem ,.
The Schem:itic Design Documents sh:ill me ude J co nceptua l site Ian . if ap rornate . and
pre limmar: building plans. secttons Jnd devau o ns . At the .-\rchnect 's o pu o n. the Sche matt c
Design Documents may mclude stud.,, model s. perspecme sk etches, dectronic madd ing o r com -
binations o f these med ia . Prelimman· ,e lecu ons o f ma 1o r buildmg svstem s ana cons trucuo n
materials sh a ll be noted o n the dr:iwmgs o r Jesn1bed m wr:llng
2 .U DES I GN DEVELOPMENT DOCUMENTS
2.4.3.l The . .>.rchnec t shall provide Design Development Documents ba ed on the lpproved
Schemauc Design Documents and updated budge: ior th e Co l of the \\'or he Design
Development Documents shall ill ustrate and describe the refinement o i th e design of th e Pro 1ec t.
establishing the sco pe. re!Jt1onships . fo rms. size and :ippearance o i the Pro1 ec1 v me:in o f plans .
sections and elevations. typic al co nstructi on details . and equipment lavouts . The Design
Development Documents shall include specific:it1ons tha t 1denll fv mJ 1o r material s Jnd svstem
and establish in gener:il th e ir qu ality levels .
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.l The .-\rchitect shall provide Co nstrucuon Documents based o n th e Jprroved Design
Development Documents and updated budget fo r th e Cost o i the Work . The Co nst ru rnon R Documents shall set forth in detail the requirements fo r construction of the Pro 1ect . The
Constru ction Documents sh all include Drawings and Specific:it1o ns that establish in det:id the
i g quality levels of maten:ils and svs tems required for th e Pro1ect.A n electron ic copy of the
0 1·52·~0 .. \.-~pecificatio ns s hall be supplied to the Owner.
c ,,, , A , .. a
AIA DOCUMINT 1141-1M7
STANDARD FORM
SERVICES
The A~rican lnSf 1fure
of Arc h1r Kts
173 5 New York Avenue, 111 .W.
'Nash,ngron , D.C. 20006-5292
""().4.4.2 Dunng the de,·e lopment of the Construction Documents , the .\rchttect sha ll assist the
O wner in the develop ment and preparation of: ( 1) bidding and procurement information which
descnbes the time. place and co nditions of bidding; bidding o r proposal fo rms : and th e form of
agreement between th e Owner and the Contractor ; and (~) the Co nd iuons of the Contr:ict fo r
· Construc\lon (Gener:il. Supplementarv and other Condi tions ). The .-\rchitect also shall compile
the Pro1ect '.\lanual that include s the Conditions of the Contract for Construction and
Specificauons and mav include bidding requirements a nd sa mple forms .
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ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.s.1 The Arch it ect shall assist th e O wner in o btaining either compet1t 1\'e b id s or :1eg ot1ate d
proposals and s hall assist the o,~ner in awarding and prepanng contracts for constructi o n .
2.5 .2 The .-\rchnect shJII Jss1st the Ow ner m establi shing a l1St o f rospernve b,aders o r co n-
tractors .
2.5.3 The Architect shall ass ist the Owner 1n bid validation o r proposal evaluauon and determ1 -
nat1on of th e s uccessful bid or p roposal. if anv. If requested bv the O wner. the .-\rc~nect shall no u -
fv all pro pective bidders or co ntractors of the b id or propo al resu ts .
2.5.4 COMPETITIVE IIOOING
2.5 .4.1 Bidding Documents sh all ,onsi,t o f b1dd1 g re 1uiremems. rropo,ed .:0ntra,, fo rm ,.
Genera l Condiuons and Supplement arv Cond1t 1ons . Speoficat1 o ns and Drawings.
2.5.4.2 l' -as;· ·:· ·.l l, · ".a O Pk . the .-vc ~nect sha I Jrrange fo r r rcx:unn~ ,he re rodurno n o f ....J..
B:ddmg Documents fo r Jist nbuuon o prospect1 ve bidders T ,t Jc ... e. ,I,.,;."' ~ .. ,, ... 101 ,i.e , .. \J
ca,· 1f· ... p.rn -1 w ··1eR ar Aall .@1A1@ _.sc! t!:c ., .. ,hacc ·u uc .. c
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2.5 .4.3 if .c,.acsec..: :, .. :.e a,r.i the :vc~1tect sha ll dmnbu1e t he B1dd1ng Docum ents to
prospective bidders and reque st th e ir return pon complet1on o f he bidding process. Th e
Architect sh all maintain a lo g of distribution and retneva l. and the amounts o f d e poslls. if anv.
re ceived from and reiurned to r rospect1ve b :dders .
2.5 .4.4 The Architect shall consider reques ts fo r substllut1ons. ,f permitted by the Bidd ing
Documents, and sha ll p re r are and distnbute addenda ident11'1ng arproved s ubstttut1ons to all
prospective bidders.
2.5 .4.S The Architect sh a ll r,0111<~1 01 . at the O wner's direction. ffl:ffl o rganize and conduct
a pre-b,d co nference fo r r ro,pective bidders.
2.5 .4.6 The .-\rchnect shall r re pare responses to question s fro m prospeCU\'e bi dders and provide
clanficauons dnd rnter pretauons of the Bidding Documents to all prospective bidders in the fo rm
of addenda.
2.5.4.7 The .-\rchitect shall /lifli ·•f-'•l• iM ~ O ::u ', di:c,.,ur:, sli-11 o rpntze and conduct
the open ing of t he bids. The .-vch1tect shall subseq uentlv document a n d distnbute the b :dding
results. as directed bv he Owner .
2.5 .5 NEGOTIATED PROPOSALS
2.5 .5 .1 Proposa l Doc:.:m ents shall consist o f prorosal requirements. propo,ed contrJc fo rm s .
Genera l Condit1ons Jnd Sup plementar: Conditions. SpectfiC ltl ons and Draw:ngs.
2.5 .5 .2 If requested y the O wner. th e .-\rchnect shall arrange fo r p rocuri n g the rer roduct1on of
Proposal Documents fo r distri butio n to p rospective contractors . The O wner shall pav directlv fo r
the ·ost of reproduction or shall reimburse the Archi tec t for such expenses .
2.5 .5 .3 If requested bv th e O wner. the Architect shall o rgan ize and ranic 1pate in se lec t ion inter-
views 'vt th p rospe ct1\'e .:o ntractors .
2.5 .5.4 The Architect ;hall consider requests for substitution s. if permitted bv the Proposal
Documents. Jnd shall prepare and distribu te addenda identifying approved substitutions to all
prospective cont ra ctors.
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C 199 7 AIAtl
AIA DOCUMENT 1141-1997
SiANOARO FORM
SERVICES
The American lnsrnut4!
of Archirecrs
1735 New York Avenue. N W .
Wuh,ngron, O.C. 20006-5292
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0 1 99 7 AIA8
AIA DOCUMENT 1141-19'7
STANDARD FORM
SERVICES
The American lnsrirure
of Archirecrs
1735 New York Avenue, N. W.
Washin9 ton . D.C. 200()6..5292
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2.5.5.5 If requested by the Owner. the Architect shJII assist the Owner du r ing negot1J11ons ,v 1th
prospect ive contractors. The Arch itect shJII su bs equentlv prepJre a ·ummJI"' report oi the
negotiauon results , as di rec ted by the O wner.
ARTICLE 2 .6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The .-\rchi te ct shall provide adm1nistrJt io n of th e Contract between the Owne r Jnd the
Contractor as set forth below Jnd in the edit1on of . ..\IA Document Ac.01. G enera l Co nd111 ons of
the Contract fo r Co nstruction. current as of the date of this .'\greement. \lod11icJt1o ns made to
the General Cond iti o ns . when Jd o pted as part o f the Co ntrac t Documents. shall be enforceJb le
under this .'\greement o nlv o th e extent that th ev Jre consistent with this .'\greement or approve<.!
in writing by the Arch11ec t.
2 .6.1.2 The .-\rch n ect 's respo ns ,bditv to provide the Co n tract Adm1n1 st rJt10n Sef'\·1ces under 1h1s
Agreement commer.ces wnh the Jward of the in11 iJI Co ntract fo r Co nstructi o n and te rrhrnJtes Jt
the is suance to the Owner o i the rinal Cemiicate fo r Pavment. Ho,vever. the .-\rch 11ect shall be
entitl ed to a Change i n Services i n Jcc o rdance with Pa ragraph ,.3., when ContrJct
Admi nistrJ!lo n Sef'\•1ces extend 60 da,·s Jfter th e date of Su bstJntial Co mpletto n of the \\'ori-...
2.6.1.3 T h e .-\rch1tect shall be J representJt ive of an d sh all Jd\'ise and co nsult wnh the Owne r d r-
ing the p rov is ion o i the Contract . ..\dministrauo n Sef'\·i ces. T he .-\rc h ite ct sh a ll have autho m,· to
act o n beha lf of th e O wner o nlv to the extent p rovi ded in th is .'\greement un less othef'\vise
modifi ed bv wmten amend ment.
2.6.1.4 Duues . respons ib il ities and li m1 t au o ns of authomv of the .-\rchitect under this Amcle 1 6
shall not be re stncled . modified o r extended witho ut wri tten agreerne nt of the Owner an
.-\rc h nect with co nsent of the Co ntrJcto r, which consent ,vtll not be u nreasonably w1t hheld .
2.6.1.5 The .-\rch1tect shall review properlv p re p:i red. ti mel y requests by the Contracto r fo r
add iuon a l informauon about the Co ntract Documents. ·" properly prepared re qu est for
add iuonal informauon about the Contract Dociments sh all be in a fo rm p repared or approved
bv the .-\rchnect and shall incl ude a detailed wmten statement that ind icJtes the specific Drawings
or Specifications in need of d anficat io n Jnd the nature 0f the cl arifiCJt io n requeste d.
2.6 .1.6 If deemed appropriate by the .-\rchnect. the .-\rchitect s hall o n the Owner's behalf prepare.
reproduce and distr ibute supplemental Dr awings and Sp ecificatio ns in re spon se to requests fo r
information by the Contractor.
2.6 .1.7 The .-\rch1tect shall interpret and decide matters co ncerning per fo rmance of the o,,ner
and ContrJcto r under. Jnd requirements o f. th e Co ntrJct Documents o n written re qu est of either
the Owner or ContrJctor. The .-\rchitect 's response to such request s shall be made in ,vntrng
within a nv ti me limits Jgreed upon or othef'\vis e with reaso na ble promptness.
2.6.1 .8 Interpretations and decisions o f the Ar chitect shall be consi stent with the intent o f an d
reasonablv inferable from the Contract Documents and shall be in writing or in the form of
drawings . When making such interpretations and initial dec isions. the .-\rchitect shall endeavor to
secure faithful performance by both Owner and Contractor. shall not s how partialitv to eitha.
and shall not be liable for the results of interpretations or decisions so rendered in good faith .
2.6.1.9 The .-\rchitect sh all render initial decisions on claims, d is putes o r o ther matters in question
between the Owner and Contractor as provided in the Contract Documents. However, the
.-\rchitect's decisions on matters relating to aesthetic effect s hall be final i f consistent with th e
intent expressed in t.he Co ntract Documents.
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2.6 .2 EVALUATIONS OF THE WORK
2.6.2.1 T he :\rch1tect. J S a representative oi the O wne r. sh all viSlt the Sile at rnterva s l pp ro pn ate
to th e stage of th e Contr ac to r's ope ~auons. or as otherwise agree d bv th e O w ner and the .-\rch 1tect
rn .-\rt1cle 1 .• (1) to becom e generallv famd1Jr wnh an d to . eep the O w n er info rmed Jbo ut t h e
progress and qu a li ty o f he poruon oi the \'a rk co m pleted. 1 1 10 end eavo r to gu m .: th e O,vner
against de fects a nd defictenc 1es rn th e \\'or . rnd J) to de termine in gene ra 1i he \\'or. is b e ing
pe r o r med in a m a nner indiot1ng tha t th e Wo rk. 1, h e n iu Iv co m pleted . ,viii be 1n accord J nce
wit h th e Contract Doc u me nt s. Howe,·e r. the .-\rc h1te ct sh a ll not be req uired to m ake exha u sm·e n r
co nt inu o us o n -si te inspectio ns ,o ch ec. th e q ua lm• or uantn v of th e \\fo rk. T he .-\rchit ec t shall
ne it h e r have control o ve r or cha rge o f. no r e re spons ibl e i r. the const r u c tio n me ans. met hods.
te chniques . sequences o r proadures. o r fo r a fetv prec au tions Jnd prog r a m s in co nnec uo n wnh
th e Wo rk . since the se Jre ,oldv th e Contractor·, rights .i nd respo ns1b 1hues u nder th e Co nt ract
Docu m e nt s .
.2 .6.2.2 The Arch ite t sh a ll re port to t e 01 ner known d e vi au o n s fro m the Cont ract Doc u me nts
and fr om the m os t re ce nt co nstru ctio n ;chedu le su b m itted bv th e Contractor. Howeve r. t he
.-\rchitect sha ll n ot be res po nsibl e fo r the Co ntrac w r ·s failu re to per fo rm the \\'o rk 1n .ic c rdJnce
with the re quirements of the Contract Documents. T he .-\rc h 1tec t sh a ll be re sponsibl e for the
Architect's neg l igent act s o r o m issio ns . b ut sha ll no t have co ntrol over o r charge 0 1· and ;ha ll not
be respon si ble fo r ac ts or o mi ssions of the Contracto r. Subc o ntrac tors. o r hei r agen ts o r
emplovees . or o f anv o t her persons o r entitl es per fo rming port io ns o i the ,·o rk.
2.6.2 .3 The .-\rch itect s hall J t all times have acces s 10 the Wo rk whe rever 1t 1s in re . ara u o n o r
prog ress .
2.6.2 .4 Ex cept as otherwis e p rov ide d in this Agre ement or wh e n d ire ct co mm nicauo ns h ave bee :1
spec iall y authonzed . the Owner sha ll endeavor to communicate wit h the Contract o r th ro u gh the
Archi tect ab o ut matters ari s ing o ut o i or rel at ing to the C ont ract Doc ume nts . Communica uo n ,
by and wi t h the Arch itect 's consu ltants shall be through the .-\rc h nect.
2.6.2.S The .-\rch itect shall have authority to re ject Wo rk that doe s no t conform to he Co ntract
Doc uments. Whenever t he Archnect considers it necessary o r ~d v,sa bl e . the .-\rchnect wi ll h a,·e
authorit y to re q uire inspection or tesung o f the Wo rk in acc ordJna wnh th e p ro is ,o n s o i th e
Contract Documents, w hethe r or not such Wo rk is fab r ic ated . install ed o r co m pl eted. Ho wever.
nenher this autho rity o f the .-\rc h nect no r a dec ision made in goo d fa ith enh er to exerc is e o r n ot
to exercis e su c h autho rit y shall giv e rise to a dutv o r respons1b di tv oi th e .\rc:mect to th e
Cont racto r. Subcontrac o rs. materia l an d equipment supplier s. their age nts o r em plove es o r m her
person s o r ent ities per fo rming porti o ns o f the Wo rk .
2.6 .3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6 .3 .1 The Archi te ct shall review and certify the amounts due the Co ntractor an d shall iss ue
Certifi c ates fo r Pay ment in suc:i amo unts. The ,-\rchitect's certificauon fo r pay ment shall
con st itute a representat io n to the Owner. bas ed o n the Architect's evaluauon o f the Wo rk as pro-
vi ded in Pa ragrap h 2.6 .1 and o n the d ata compris ing the Cont r actor's .-\ppli cal!on fo r Pay ment.
that the Wo rk has progressed to the poi nt indicated and that, to the best of th e Architect 's knowl-
edge . in fo rmatio n and belief. the q u al it v of the Work is in acco rdance with the Contract
Doc uments. The foregoing re p resentations are subject (1) to an evaluation of the Wo rk for con-
fo rmance with the Contract Documents upon Substantial Co m pl etion. ( 1) to results of subse-
q uent tests and inspections. (3) to co rre ction of minor deviat ions fro m the Contract Documents
prior to co m pletion , a nd (4 ) to specific q ua lifica tions expre ssed bv the .-\rchi tect.
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0 I 99 7 A I A®
AIA DOCUMENT 1141-1997
STANDARD FORM
SERVICES
The . .\mencan lns t11ur e
of Arch1rects
1735 New Yo rk Avenue, N. W
Wa sh ington, D.C. 20006-5 292
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AIA DOCUMENT 1141-1t97
STANDARD FORM
SER VI CES
The American lnsrnure
of Archirecrs
173 5 New York Avenue. N.W.
Wuhingron , D.C. 20006-;292
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2.6.3 .2 The iss uJnce of J CertificJte fo r PJv ment sh all not be J repre sentatio n thJt th e .-\rch1tect
hJs I ii made exhJusuve or continuous o n -si te in s pections to check th e q uJ li tv o r quJ nt1 1v o f the
Work. ( :) re viewed const ructio n means. methods . tec hniques. seciuenc es o r procedures, ( 3)
re vi ewed copie s o f requ1sn1ons re ce1\'ed from Su bco ntractors Jnd matenJ I s up pli ers J nd o ther
dat a requested bv th e O ,ener lo subst Jntute the Co ntracto r's nght o pav ment. o r U I JscertJi ne J
how o r fo r what u r pose the Contrac o r !us used m o ne v pre, 1ou ·Iv aid on JCrnu nt of he
Co ntract Su m .
2.6.3.3 The .-\rch1tect sh a ll ma1nta1n J reco rd o f the ConlrJctor 1 .-\pplioti ons fo r PJ,·ment.
2.6.4 SUBMITTALS
2.6.4.1 The .-\rch1tect shall rev1 e•.e Jnd lpprove o r take ot he r Jpprorma te Jc:1o n upon the
Contractor 's s ubmnta ls such as Sho p Drsw1ngs. Product DatJ JnJ SJmpb. bu t onh· for th e
li m ited pur pose o f ch ec mg fo r co n formance , 1th 1nforn1J11on ~"en Jnd the de,ign co ncept
exp ress ed in the t:ontract Documents. The .-\rc h1t ect s JC:1 on ha ll be taken wnh such reasonJble
pro mptness as to cause no d ela v in the \\'o rk o r in the JCtl\'llles oi the O wne r. ContrJc.or or
separate co ntracto rs. while allowing su ffiC1e nt li me 1n th e .-\rch nect', rofe,s1on al 1udgment to
permit adeq uate re view . Review of sue~ submittal 1s not cond uc:ed fo r th e pur ose of
determining th e accu ra cv and com pleteness of o ther d e tails such JS J1me,is 1ons Jnd q uan11t1e s. or
fo r subs tanti au ng inst rum ons fo r in s1 allat1 on o r pe r fo r mance of eciu,p ment o r sv stem,. Ji! of
,,h,ch remain the re s ponsibilitv of th e Contractor a, requi red b, the Contract Documents. he
.-\rch1tec t's re vi ew sh all not constitute approva l of safet, precJution o r. unle» o therw ise
spec1ficall v stated bv the .-\rchitect. of anv constructio n means. met hoas. 1echmques. seciue nces o r
proced ures. The .-\rc hi tect 's approval o f a specifi c ite m ,hail not indlCJ te Jpp ro,·a uf n asse:nbl v
of whi c h th e item is a co m pone nt.
2.6.4.2 The .-\rc hitect s hall maintain a rec o rd of sub m itt a ls Jnd co ,es of subm 11tals s up rli ed b,·
the Contractor in ac co rdance with the requirements o f t he Contract Documen ts .
2.6.4.3 If professiona l design se rvices o r c ernficauons bv J design rofess1o nal re la te d 10 ,vs1em s.
mJtenals o r eciuip ment are spec ifically reciu1 red o f the Contrac or bv the Cont ract Docu mell ts.
the Archnect s hall s pec i fy appropriate per fo rma nce and des ign .:caena th Jt s uc'i services must
satisfy. Shor DrJw ings and o ther subm ittals related to th e \\'a rk design ed or cerufied bv th e
de sign profess iona l retained by the Contractor shall be ar ;uch rofess1o na l's wrmen Jpproval
when s u b m itted to the .-\rchi tect. The .-\rchitect sh a ll be enu t!ed to re !v u pon th e Jdeciu acv.
accuracv and completeness o f the serv ices . c erniicati o ns o r approvals per fo rmed bv s uch design
professionals.
2.6.5 CHANGES IN THE WORK
2.6.5 .1 T h e .-\rchitect sh all p repare Cha nge O rd ers and Cons tr uc u on Ch ange D1 rernves fo r the
Owne r's approval and execut ion in accord J nce with the ContrJct Do cuments. The Architect mav
a uth o rize minor ch anges in the Wo rk no t involving an ad justment in Co ntract Su m o r an
extension o f the Cuntrac t T ime which are co nsiste nt wnh the intent o f th e Co nt ract Docu ments.
If necessa rv, the Archi tect shall prepare . reproduce a nd distribute Drawi ngs and Specifi cat ion s to
de scri be Wo rk to be added , deleted o r modified. as p rovi ded in Pa ragraph 1.S.1 .
2.6.5 .2 The .-vchitect shall review properly prepared . timdv re q ue sts by the Owner o r Contractor
fo r changes in the Wo rk. incl uding adj us tme nts to the Contract Sum or Cont ra ct T ime . .-\
properly prepared re ci uest fo r a change in the \~'o rk s hall be acc ompanied by su fficie nt support-
in g data and informatio n to permit the .-\rchitect to make a reasonable determination without
exten s ive investigatio n o r prep arati o n of addit ional drawings o r speci ficau o ns. If th e .-vchitect
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determines lhll requested .:h an ges in the \\'ork lre not mJteriJlly different from the requi rements
of the ContrJct Do.:uments. the .-vchitect mJv iss ue Jn o rder fo r l minor .:hJnge in th e Work o r
recommend to the O wner thl t the requested ·hJnge be denied.
2.6.5.3 If the . .\rch1tect determines that 1mplementlt1011 of the request ed chJnges would resul t 1n
J mJtenJI chJnge lo the CuntrJct thlt mav CJuse J n JdJus tment 111 the Co ntrJCt T ime o r CuntrJct
Sum. the . .\rchitect sh JII mJke J recommendJuon to the O ,vner. who mJv Juthorize further
investigation of such change . Upon s uc h JuthortZJllon. and based upon informJl!On furnished bv
the ContrJctor. if Jny, the . .\rch1tect shJII es umJte the JddiuonJI cost Jnd time thlt might result
from s uch change , including anv Jddit1onal cos ts mnbutJble to J C hJnge in Serv1Ces o f the
Architect. Wit h the Owner's approval. the Archne t shall in co r porate those esumJtes into J
Change O rder or other appropriJte documema11 o n fo r th e Ow ner's execution o r ne,;ut1J11on wnh
the Co ntrJctor.
2.6 .5.4 The :\rchitect s hJII ma1ntJin records re lat1,·e to .:ha nges in-the \\'urk .
2 .6.6 PROJECT COMPLETION
2 .6.6.1 The . .\rchitect shall conduct inspern ons to determ111e the dJte o r date, o r Sub lJnt1JI
Completion md the date of final compl euon. shlll rec ei ve from the Co ntrJc tor Jnd ra n, ara to the
O wner, fo r the O wner's re vi ew Jnd records. wmten wJrrJnlles Jnd related d ocume,ns required bv
the Contrac t Documents Jnd JSSembl ed bv the Contractor. Jnd s hlll issue a final Ca t11i cJte fo r
Pavm e nt based upon l final inspectio n indicat111g the Work complies wnh the requ1remen1s o f the
Contract Doc uments.
2.6.6.2 The . .\rchnect 's inspection shJII be conduc:ed with the Ow ner's Designated Rep res entl!IW
lo .:h eck conformance of th e \Vork with the requireme nts of the Contract Do.:uments Jnd to
verifv the Jc.:uracv and completeness of th e list sub mitted bv the Co ntrJct o r of Wo rk to be
completed or corrected.
2.6.6 .3 When th e Work is fo und to be substJnt1Jllv .:omplete. the ..\rch1tec ,hall inform the
Ow ner about the balance of the ContrJct Sum rema1n111g to be paid the C ontra.:t o r. induding Jnv
amounts needed to pay for final completion o r co rre cuon of the \\'ork.
2.6 .6.4 The . .\rchnect shall recei ve from the Co ntractor and fo rward to the O,vner: '1J consent of
suretv o r su ret ies. if anv, to reduction in or partial releJse of reta1nage o r the mJk111g o r' fina l
payment and (~) affidavits. receipts . releases and waivers of liens or bonds indemm1''ing the
Owner against liens .
ARTICLE 2.7 FA CILITY OPERATION SERVICES
2.7 .1 The Archnect shall meet wi t h th e Owner or the Owner's Designated Representau,·e
promptlv Jfte r Substanual Completio n to review the need fo r fac ility ope rat ion services.
2.7.2 U 1;u1, .cqacst oi .:~11-.. and pnor to the expiration of o ne year from the date of
Substantial Completio n . the Architect shall conduct a meeting with th e O wner and the Owne r 's
Designated Representative to review the facilitv operations and performance and to mJke
appropriate reco mmendJt io ns lo the Owner.
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AIA DOCUMENT 1141-1H7
STANDARD FO RM
SERV ICES
The A merican lnswure
of Arc h,r ec rs
1735 New Yo rk Avenue . N.W.
Washington, DC. 20006·S29l
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ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Services be yond the following limits shall be
provided by the :\rchnect JS J Ch ange in Services in accordJnce with Paragrlph 1.3 .3:
.1 up to two ( 2 ) rev iews of each Sho p Drawing . Product Data
it em , sa m ple Jnd similar subm1ttJI of th e Co ntrJctor .
. 2 up to tw enty-fiv e ( 25 l vims to th e si te by th e Architect over the d ura-
tion of the Pro1ect during co nstrucuo n .
J up to one ( l ) ins pectio ns fo r any port io n of the Wo rk to
determine whether su ch portion of th e Wo rk is subs tant iall y co mplete in accordance
with the requ irements of the Contract Docu ments .
. 4 up to one ( l ) inspecuons fo r anv portion of the Wo rk to deter-
mine fi nal completio n.
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2.8.2 The fo llow ing Design and Contract :\d mimstra t1on Serv1Ces sha I be provided bv the
Architect JS a Change in Services in acco rdance with Paragraph 1.3.3:
1 ra,·ia, · gf a CiRtra ··•gr ' · ·a8R1ittal 1wt ilf ·ai;ta1 R ·a M"e FJ1 ·Ra ~1sLJ1iM1H al s ·k~eits l~ J.::i.e@d _ ... ~
lee .. he .'ad:iteet. ri:.._)
l Fii&p9R6116 IQ tin r .IRIFi "8 F i FIIJl°'515 ~BF i 11 fe r1t1atl dll Fl<re sue.. .llfdl IIIJtio11 _!
a··~ilael~ l~ tlu C.111tractsr fren a ~at@!lil ;tad. a11d co:11ps1.su11 oi ,'.1t Co11t.sc . "'C:)
g0iuMtPU51 Meld ceni!itieP1J , e thc?. 0 11,2 p:c idcd i21fc:.11st.on . Cot1t.-c.o: l,:cpa1c~
·edniiPlalidft dra iftg!, dF r,rier Prsj@et ·err@Jf'SAdiP..ee JI dee an c..tJ .. dil .
. l Change Orders and Constructio n Change Direc tives re quiri ng evaluation o f proposals.
including the preparation or revision of In struments of Serv ice :
., prov idi ng consultation concerning replacement of Work resulting fr o m fi re or o ther
cause during construction ;
.s evaluation of an extensive number of claims submitted by the Owner·s consul tants, the
Contractor or others in connection with the Work ;
., eva luation of substitutions proposed by the Ow ner's co nsu lt ants o r co ntract o rs and
making subsequent revis ions to Instruments of Serv ice resulting th ere fro m;
.7 preparation of des ign and documentation for alternate bid o r proposal requests pro-
posed bv the Owner: o r scheduled
.a Contract :\dministra tion Services provided 60 days afte r the date of Su bstantial
Completio n of the Wo r k .
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AIA DOCUMENT 1141-1997
STANOARO FOR M
SERVICE :
The American lnsruu ,,.
of Archtrtt rs
1735 N•w York Av•nu•. N.W
Washingron, O.C. 20006·529 ,
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2.8.3 The Archi tect ,hJJI furnish or provide the foll01sing servi ces o n lv if spe cificJllv
desig nated :
Sen,ces lllespon11bdity outton of Service
(A rclu u c1. Owner or "'" f"om u L·a I Oescnp1,on
.1 Progromming Owner
.l LJ.n d Surv._-v S!!f"\'K es Owner
.J G<otechmcol S<rv1C<S Architect 1
.4 Space Sch<maucs/Flow Diagrams Architect I
.5 Existing flc1ht1es )urveys n, ........... I
., Economic F<as1b1lity St udies "I , I
.7 Sit< Analym and Sdecuon n /~ I
.I Environmental Studies and R,ports 11wn<>r I
., O wner-Supplied Data Coordinauon I d rrh i tPrt I
.10 S.:hedule De velopment and \ lomtonng n/a I
.11 Civil Design Architect I
.12 Landscape Design I Architect I
.u Interior Design Architect I
.14 Special Bidding or :-legot1at1on I Architect I
.15 Value Analvs1s I n/a I
.1, Detailed Cost Esu maung I n/a I
.17 O n-Site Project R,pnesentauon n/a I
.11 Co nstruct ion ~lana,,ment I --I
.11 Start -Up Assistant< "I , I
.20 Record Drawin~s I n/: I
.21 Post-C ontract Evaluallon ,, .,.,..k; .,..a,,.. .. I
.22 Tenant-Rdated S.,rv1ces drri,i tPl"t I
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Description of Services .
{[nserr descrip rion s of rhe ;er v,ces dmgnared . J
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AIA DOCUMENT 1141-1tt7
STANDARD FORM
SERVICES
The Amencin lnsrnure
of Arch1tM:ts
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1735 New York .Avenue, N W
Wosh,ngron, D.C. 20006-52 92
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ARTICLE 2.9 MODIFICATIONS
2.9.J :'vlodificJtions to this StandJrd Fo rm o f :\rchnect 's Services: Desig n and ContrJc t
AdministrJtion , if Jny, are as follows :
See Appendix A
By its execution , this Standard Form of Architect 's Services: Des ig n and Co n t rac t
Adm in istration Jnd modifications hereto are incorporated into the Standard Fo rm o f .-\greement
Between the O wner Jnd Architect. AU Document 8 141 -1997, that was entered int o by the part ies
as o f the date:
Gary L. Sea.rs, City .Manager
0 W NE R (Si gnazurt / A R C H I T E C T r Signawre 1
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·i ·----· Christopher T. Fisher, Vice President~
-----'---------'------C 1 9 9 7 A I A (JI (Pri nted 11amt and 111 /e) (Prinzed name and 1i1iel AIA DOCUMENT 1141-1997
CAUTION : You should ;1gn ~n originul .-V . .\ documtnr or iJ licensed rtproductlon. Or tg1nal s c:ontam lhe . ..V . ..\ logo
primed in red: licensed rtproduct1ons art thos~ proJ11,.:ed in accordance with the /nstnu:ll ons ro th,s Jocu m~nt .
STANDARD FORM
SERVICES
The American lnsrirure
of Archutcrs
1735 New York Avenue. N .W
Wa,h,ngron, D.C. 10006-5292
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ARTICLE 2.9.l continued
2.9.2 Miscellaneo us reimbursables as defined in 13 .9.2 shall be as follow s:
Mileage : $0.35 /mile
Photoco pies : S0 .1 5/each
Blue line prints: $1.50 /each
Reproduc ibl e Vdl um Plots : $1 7/each
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Final reproductions of drawings and specifiotions \Vi l! be billed at cos t plus I 0°10
handling . Other reimbursables shall be approved by O"vne r pri o r to making any
expenditure.
2.9.3 Thi s agre ement does not include assistance or appearance for zoning hearings or other
public hearings regarding zoning or use permits. Th is assistance will be availab le as an
additio nal servi ce . Th e architect will provide normal design and construction d rawi ngs
for use by o ther in an y zoning maners. Special require d zoning drawin"'s. plot drawings .
etc .. will be provided by others .
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2.9.4 The architect ""ill show normal site grading and will indicate landsc aping and lo cat ions of
trees . Civil engineering for drainage studies , extensions of utilit ies to the bui ldi ng.
modificati on an d/o r design o f new off site / street improvements. guners and pa vi ng shall
be furnishe d by others .
2.9.5 The Owner shall be re sponsibl e for purchasing and maintainin g his own liability
insurance and. at his o ption . may purchase and maintain such insurance as will protect
him against claims which ma y arise from operations under the Co ntract.
The Owner shall purchase and maintain property insurance upon the entire wo rk at the
site to the full insura ble val ue thereof. This insurance shall include the interests of the
Owner, th e Architect. the Architect 's Consultants, the Contractor. Subc ontractors and
• Sub-subcontractors in the Work and shall insure against the peri ls of fi re and extended
coverage and shall include '"all risk " insurance for physical loss or damage inc ludin g,
without duplication of coverage , theft, vandalism and malicious mischie f.
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2.9 .6 The following is included as a part of maintaining the Architect 's professional lia bili ty
insurance :
The Owner agrees to limit the Architect 's liability to the Owner and to all construction
Contractors and Subcontractors on the Project, due to the Architect 's negligent acts .
Errors, or omissions such that the total aggregate liability of the Architect to those named
shall not exceed $50.000 or the Architect 's total fee fo r services rendered o n the Project.
whichever is greater.
2. 9 . 7 The parties hereto agree that the Americans W ith Disabilities Act of 19 90 is applicable to
thi s project. Because many requirements of the :\rnericans With Di sabi li tie s Act and
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regulations thereunder are more legal than technical , the design professional may, when
appropriate in design professional 's discretion , tender to owner and ov,ner's le ga l
advisers decisions regarding the applicability of interpretation o f ADA to vari o us aspec ts
of the design. Owner agrees to make such dec isions promptl y when req ueste d by de s ign
professional and design professional 's duties relating thereto shall be limited to
identifying the relevant issues for the owner 's consideration. consultin g with the 0\1.ner
regarding the decision and implementing the dec ision made by o wner and owner's leg al
advisers. Owner agrees to cooperate with design profes s ional · s re aso nab le reque sts in
connection with documenting the substance of. reasons fo r an d process of reac hin g eac h
such decision.
The nature of ADA and rules and regulations are less than clear and unamb iguo us . wi th
respect to remodeling and rehabilitating existing stru cture s and requiring decis io ns to be
made invol vi ng "'readil y achie vable" and "undue burden ·• by the buildi n g Owner. which
are based in part on financial considerations of the Owner. The se decisio ns are the
decisions of the Owner and not the Architect. Upon specific direc tio n fr om the Own er.
the Architect will incorporate into the design such specifications as agreed upo n. The
parties agree that it is impossible to predict future court rulings interp retin g AD A.
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Littleton/Englewood
, .. 1ater Treatment Plant '!7-:
JliPport Service Facility
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Request for Proposal
Modification
June 25, 1999
FISHER ASSOCIATES, P.C.
ARCHITECTS and ENGINEERS
2305 West Berry Avenue, Littleton, Colorado 80120
(303) 795-1643 fa::: (303) 795-5341 I I . I
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Project Costs -Not to Exceed Fee
We arc eager to work with the Linletoll/Englewood Wastewater Tre:ionent Plant and appreciate the
opportunity to review your program and propose the following not to exceed fee for our professional
services. The following fees have been based on your Request for Proposal dated June 10. 1999 .
..'A.ssumytions
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Fisher Associates , Architects and Engineers has assumed the
consuuction cost for your project will be S6 19 ,00 0 which incl ude s:
• 1,325 square foot !st floor addition for . .\dmin istrat ion,
Special Projects & Pretreatment
• 1,325 square foot 2nd floor shell fo r Admin isrr.:u io rvS pec :a l
Projects & Pretreatment
• 300 square foot basement for Administr:1tion1Spec i:i l ProJ ects
& Pretreatment
• 500 square foot remodel of Administration/Specia l ProJ ects &
Pretreatment
• 120 square foot addition for Operations
• 5 50 square foot remodel of Operations
• 500 square foot infill for Maintenance
• 600 squarc foot rc:nodel for Maintenance
In addition we have assumed a furnishings budget of S4 l .OOO : and a
civil engineer and landscape design for the s ite design to
accommodate additional parking for the building addition .
FISHER .'5SOCIHES. ARCHITECTS ,ad E'G"EERSII
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Project Costs -Not to Exceed Fee
Our proposal for the mentioned proress ional serv ices
include normal architecrur.:> I. electrical. mechanica l.
and strucrural engineering. We have inc lu ded civil
engineering, soils testing in the area o f the new
building addition and 35 sets o f construction
documents for bidding :ind construct ion use .
Fisher Associates , Architects and Engineers proposes 55 3.71 0
for normal architectural, electrical
engineering, mechanical engineering an d
structural engineering (as defined in the
Al.A document B 141 ).
Civil Engineering, Soil s Test ing, Reproductions 5 13.6 50
and Furnish ings
We propose our tota l fee to be divided into the follo wing five phases :
Schematic Des ign 5 1-U42
Design Development S 11.3 56
Cot15truct ion Documents 523 .200
Bidding/Negotiation 53.9 71
Construction Administration 59,-HI
Total 56 7.360
The definitions of each phase. as well as definition of services. are per
the American Institute of Architects form B 141 -Standard Form of
Agreement Between Owner and Architect.
If additional services beyond those we have included in our not-to -
exceed fee are requested, Fisher Associates c:in negotiate a lump sum
fee based on the services to be provided. or they can be provided at
our hourly rates . Our hourly rates are as follows:
Principal 5 !35 .00/hr
Project Manager 51 05.00/hr
Sr. Project Architect S 85 .O Othr
Project Architect S 65.001hr
CAD/Designer S 55 .001hr
Administrat iv e S 38.001hr
The hourly rates of the consultants will be similar .
At this time, we do not anticipate your project will require additional
professional services that will not be covered by this proposal.
FISHER .\SSOCIHES. \R(HITECT S '"" nc1,EERS 1•
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COUNCIL COMMUNICATION
Date Agenda Item Subject
September 7 , 1999 Award Contract for Santa Fe &
11 civ Hampden Ave . Landscape
Maintenance
Initiated By Staff Source
Department of Parks & Recreation Jerrell Black , Director of Parks & Recreation
Dave Lee , Manac:ier of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved a contract for the installation of Landscaping on Santa Fe and
West Hampden Ave. by motion on October 7, 1996.
• Council approved a contract for the maintenance of the medians by motion on July
20, 1998.
• Council approved an IGA for maintenance of landscaping w ith the C ity of Sheridan ,
Council Bill No. 42 , Ordinance #51 on August 3, 1998.
RECOMMENDED ACTION
Staff recommends council award, by motion, a maintenance contract in the amount of
$64,650.00 to Schultz Industries, Inc. for "South Santa Fe Dr. and Hampden Ave.
Landscape Maintenance". Staff has reviewed the qualifications and work of Schultz
Industries, Inc. and finds them to be the lowest technically acceptable bidder.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The C ities of Englewood, Sheridan and Littleton identified the need to enhance
improvements along the South Santa Fe corridor. The Tri-Cities group was formed to
implement these improvements. The first phase of landscape installation was completed
in August 1997. A one year maintenance period that ended August 4 , 1998 was included
as part of the initial installation. Schultz Industries, Inc. was the maintenance contractor
for the year ending August 4, 1999.
FINANCIAL IMPACT
First year costs for this project were $54,650.00. Schultz Industries, Inc. in the amount
of $64,650.00 again submitted the low bid for 1999-2000. This represents an increase
of approximately 18% for the maintenance of the medians .
UST OF ATTACHMENTS
Bid Tabulation
Contract Form
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: July 23, 199910:00 a.m.
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Bid Item: South Santa Fe and Hampden Landscape Maintenance
Vendor Amount Unit Price Addendem Bid Bond
RBI Maintenance, Inc.
4901 Windermere Street $ 72,000.00 YES YES YES
Llttleton, Co. 801 ZO
Schultz Industries, Inc.
8935 WestUth Ave S 64,650.00 YES YES YES
Wheat Ridr,e, Co. 80033
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SANTA FE HAMP.LAND MAINT
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into t~is~_.1~6~-~~~day of
~~A~Q~CJU~ST~~~~~~-' 19---1.!.___ by and between the City of Englewood, a
municipal corporation of the State of Colorado hereinafter referred to as the
"City", party of the first part, and SBQLTZ IIIPQBTBI18, IIIC., hereinafter
referred to as the "Contractor", party of the second part. WITNESSETH.
commencing on the___J%B_day of ~JQL~~y~~~~-· 19!!__, and continuing for at
least ten (10) days thereafter the City advertised tha t sealed proposals would
be received for furnishing all labor, tools , suppl ies. equipment. mater ials
and everything necessary and required for the following:
PROJECT: SQ1J'l'II SAll'fA D Pll, MP l!IPPP AYI, LNIPICAPI lllll'J'PIMICI: 1999-2000
WHEREAS, proposals pursuant to said advertisement have been received by the
Mayor and City Council and have been certified by the Director of Public Works
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 named 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
advert i sement and his proposal.
NOW THEREFORE. in consideration of the compensation to be paid the Contract,
the mutual agreements hereinafter contained are subject 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
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incorporated herein by reference constitute and shall be referred to
either as the Contract Documents or the Contract and al l o f s aid
instruments . drawings , and documents taken t o geth er as a wh ol e
constitute the Contract between the parties heret o and they are as
fully a part of this agreement as if they were se t out ve r b a tim and in
full herein :
Advertisement of Notice for Proposa l s
Proposal
Contract (this instrument )
Performance Payment Maintenance Bond
Receipt. Release, Waiver of Claims
Special Provisions
General Conditions
Detailed Specifications
Plans and Drawings
B. Scope of Work : The Contractor a g rees to a nd sha l fu rn ish all l abo r,
tools, supplies, equipment, mater i a l s and everything necessa ry f o r a nd
required to do, perform and c o mplete a ll the work d e sc r i bed . drawn ,
set forth, shown and included in sa id Co n t r act Document s .
C . Terms of Performance: The Co ntracto r agr e es t o u nde r t ak e t h e
performance of the work under th i s Co ntract wi thin t en (10) day s fr o m
being notified to commence work by the Dire c t o r o f Parks and Recreatio n
and agrees to fully complete said work within thirty (3 0 ) consecut ive
calendar days as detailed in Section 2 . Speci al Provisi o ns. p l us s u c h
extension or extensions of time as may be granted by the Directo r o f
Parks and Recreation in accordanc e with the pro visi o ns of the Genera l
Conditions.
D. Terms of Payment: The City agrees to pay the Co n t rac t o r f o r t h e
performance of all the work required under this c o ntract , and t h e
Contractor agrees to accept as his full and o nly compensat ion
therefore, such sum or sums of money as may be proper i n acc o r d ance
with the price or prices set forth in the Co n t racto r 's Pro p o sa l hereto
attached and made a part hereof , the total est i mated cos t thereo f
being SllTJ l'OU1l TBQUSAJm SIX B1JIIPUP lil'l'Y 4ollar• Y4 IIO cent,.
($ 64,650.00).
E. Appropriation of Funds: At present, S&,,650.00 has been appropriated
for the project. Notwithstanding anything contained in this Agreement
to the contrary, in the event no funds or insufficient funds are
appropriated and budgeted by the governing body or are otherwise
unavailable by any means whatsoever in any following fiscal period for
which appropriations were received without penalty o r expense except
as to those portions of the Agreement or other amounts herein for
which funds have already been appropriated or are otherwise a vailable.
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The City shall immediately notify SJIQLTZ XIIDQSTIUII, JNC. or its
assignee of such occurrence in the event of such termination.
F. Contract Binding: It is agreed that this Contract shall be binding on
and inure to the benefit of the parties hereto, their heirs.
executors, administrators, assigns, and successors.
IN WITNESS WHEREOF, the parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals
affixed and duly attested the day and year first above written.
This Contract is executed in__j___counterparts .
CITY OF ENGLEWOOD
by
Mayor
Party of the First Part
ATTEST:
City Clerk Contractor
Approved as to form: by
Party of the Second Part
City Attorney
ATTEST:
Secretary
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IIBIIORANDUII
TO:
FROM:
DATE:
SUBIECT:
Council Member Ann Nabholz
Sue Bradshaw, Executive Assis~
I
September 7 , 1999
Rail-Volution Conference
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The Rail-Volution Conference is scheduled for September 25-28 , 1999 , in Dallas ,
Texas . Listed below are anticipated expenses while attending the conference .
Registration
Lodging
Meals
Airfare
Total
$375 .00
600 .00
200 .00
moo
$1475 .00
If you need additional information, please let me know.
Thanks.
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~-Pnnted o n Recycled P-.,~
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TO:
FROM:
DATE:
SUBJECT:
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Mayor Pro Tern Alex Habenicht
Sue Bradshaw, Executive Assist~
September 7 , 1999
Rail-Volution Conference
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The Rail-Volution Conference is scheduled for September 25-28 , 1999 , in Dallas ,
Texas. Listed below are anticipated expenses while attending the conference .
Registration
Lodging
Meals
Airfare
Total
$375 .00
600 .00
200 .00
300 .00
$1475 .00
If you need additional information , please let me know .
Thanks .
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Tom Bums
Sue Bradshaw, Executive Assis~
September 7, 1999
Rail-Volution Conference
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The Rail-Volution Conference is scheduled for September 25-28 , 1999, in Dallas ,
Texas. Listed below are anticipated expenses while attending the conference .
Registration
Lodging
Meals
Airfare
Total
$375 .00
600.00
200.00
200.QQ
$1775.00
If you need additional information, please let me know .
Thanks .
,. .
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Printed on Recycled Paper.~'
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REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
TUESDAY, SEPTEMBER 7 , 1999
7 :30 P.M.
Call to order. '7: tr)~
Invocation . /)~ ~
Pledge of Allegiance . ~
Roll Call. (;? -/
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. (5 es from the Regular City Council meeting of August 16 , 1999~ h-8
Scheduled Visitors . (Please limit your presentation to ten minutes .)
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Englewood City Council Agenda
September 7, 1999
Page2
Consent Agendo/1}/J;JJ.J c;---0 ~ Jo~
a. Approval ;/d{di;ances on First ~ct"ng.
10.
i. Council Bill No. 54 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement No. 144 . STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
Approval of Ordinances on Se=ond Re ding . ~ / 0 /.__ / -c;-~ j ( u
l~ ~ i. Council Bill No . 48 , adopt' the City of Englewoo Firefighters Pension Plan
b .
'f"' Document.
Jq7 ii.
~'fliii.
Council Bill No. 49 , adopting the City of Englewood Police Officers Pension
Plan Document.
Council Bill No. 50 , amending Title 3-7-3 and 3-7-4 of the Englewood
Municipal Code pertaining to the Police Officers Pension Plan .
Council Bill No . 51, amending 3-8-1 of the Englewood Municipal Code
pertaining to the Firefighters Pension Plan .
Council Bill No . 53, regardi ng submission to a vote of the registered electors
of the City of Englewood a ballot question submitted by Charter Initiative.
c . Resolutions and Motions .
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11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
Council Bill No. 55 -Recommendation from the Department of Financial
Services to adopt a bill for an ordinance authorizing the issuance of Special
Assessment Bonas in the amount of $612,000.00 for Paving District'38 . IJA,, L ,, .
STAFF SOl,.IRCE: Frank Gryglewlcz, Director of Financial Servl~•·/l' ~
PINN note: If you have a dlNblllty and IINd auxlllary aids or 18 , the City of Eng!Jw~
(303-782-2405) at leat 48 hours In lldvance of when aervk:ea ara needed. Thank you .
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~nglewood City Council Agenda
September 7, 1999
Page3
ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
4, 1}.p Supervisory Committee to adopt a resolution approving the purchase of a~ Maintenance Management Software . Staff recommends purchasing the tfiM-J.Sd'l software from Datastream Systems , Inc. Company, in the amount of /JJ7.AJ~. -rr _ -~ .. · V $50 ,600.00. STAFF SOURCE : Stewart H. Fonda, Director of Utilities..,. ~r;-r·.,.
ii i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a contract for Design and
Construction Administration of Service/Support Facility Expansion and 5-0 Modifications. Staff recommends awarding the bid to the lowest bidder,
Fischer and Associates, in the amount of Sfj,7J.3~0}']j~~~ SOURCE:
Stewart H. Fonda, Director of Utilities. ftT ~
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Recommendation from the Department of Parks and Recreation to approve ,
by motion , a contract for Santa Fe and Hampden Avenue landscape
maintenance . Staff recommends awarding the bid to the lowest technically
acceptable bidder, Schultz Industries , Inc ., in the amount of $64 ,650 .00.
STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and
Dave Lee, Manager of Open Space. ()}~
12. General Discussion .
a . Mayor's Choice . ~I:,
b . Council Members' Choice. c§) 13. City Manager's Report .
a . CityCenter Englewood Update .
14. City Attorney's Report . iqifl /~»
Adjournment. / 0 · 07 djps~o
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The following minutes were transmitted to City Council between 8/12/99~9/2/99 :
• Englewood Public Library Board meeting of July 13, 1999
• Englewood Code Enforcement Advisory Committee meeting July 21 , 1999
• Englewood Planning and Zoning Commission meeting of August 3, 1999
• Englewood Board of Adjustment and Appeals meeting of July 14, 1999
• Englewood Liquor Licensing Authority meeting of July 7 , 1999
• Englewood Liquor Licensing Authority telephone poll of July 21, 1999
• Englewood Liquor Licensing Authority telephone poll of August 18, 1999
P ..... note: If you have a dlaablllty and need auxlllary alda or services, please notify the City of Englewood
(303-762-2405) at leaat 48 hours In advance of when eervtcu are needed. Thank you .
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