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Ord 30-99 ORDINANCE NO. 30-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.089, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITIONS OF "NORMAL RETIREMENT DATE", "RETIREMENT" AND "TERMINATED PARTICIPANT"; A/vIENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTICIPANTS PRIOR TO NORMAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION 35.097(D), "BENEFITS OTHER THAN ON RETIREMENT", PART 35.097(D)(1), "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & (E), TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBUTIONS WITHDRAWN PRIOR TO RETIREMENT; CREATING A NEW SECTION 35.110, "DEFERRED RETIREMENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach desires to enhance certain retirement benefits to certain participants of the General Employees' Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.089, "Definitions", to read as follows: Section 35.089 DEF/NITIONS. (G) "Normal retirement date" is the first day of the month coincident with or next following the date a participant attains the age of 60 and completes ten years of credited service., or the date on which a participant attains thirty (30) years of credited service, regardless of age, whichever occurs first. A ~pant may continuh in the employ of the city and continue to participate in the plan beyond the normal retirement date. (I) "Retirement" means either termination of citY employment with immediate entitlement to receive normal, early or disability retirement income under the plan, or entry into the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal retirement income from the General Employees Retirement Plan to the DROP. (K) "Terminated Participant" means a plan participant with 'o'~ t~n~ ...... .... ,_ _, ........ 3'e~: at least five (5) years of credited service whose City employment is terminated for any reason other than death, early retirement or disability retirement prior to the normal retirement date. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A), "Participants contribution account" to read as follows: Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's contribution account. (1) For the purpose of this division "PARTICIPANT'S CONTRIBUTION ACCOUNT" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the citY and shall be treated as employex contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Each participant will contribute toward the cost of the plan an amount equal to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of basic annual compensation in excess of $4,800 until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six percent (6%) of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half percent (4.5%) of basic compensation on a tax-deferred basis. Beginning with the first pay period after September 1, 1999~ participants shall not be required to contribute to the plan~ except those participants described in paragraph (4) of this Section. ORD. NO. 30-99 (al.)(3) Anything in the plan to the contrary notwithstanding, the total benefits payable under tile plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a ~fina~[ participant: who is terminated~ elects to withdraw participant contributions ,~ .................................... , interest, in lieu of all other benefits payable under the plan. Effective September ]~ ]999~ if a pm'ticipant has ten (l 0) or more yem's of credited service under the plan a non-compounded simple interest rate of five (5%) percent per year shall be applied to the principal bal~mce of the participant's contribution as accrued on December 3] of each year. Effective September l~ 1999, if a participant has Jess than ten (l 0) yeaJ's of credited service under the plan a non-compounded simple interest rote of tl~ee (3%) percent shall be applied to the principal balance of the participant's contribution as accrued on December 3 ] o£ each year. Participant contributions CarLnOt be withdrawn while a participant remains in the employ o£ the city or after the payment of benefits under the plan has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall continue contributing to the plan in the same ~nanner and amount as previously required prior to the effective date of this ordinance and shall receive no interest on participant contributions upon termination from the plan. Should the City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants shall not be required to contribute to the plan, and may receive interest on monies withdrawn in accordance with paragraph (3), from the date of the final execution of the collective bargaining agreement forward and shall retain status quo ante rights thereafter. Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (a), to read as follows: 3 ORD. NO. 30-99 Section 35.097 RETIREMENT INCOME; BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (a) If a participant's city employment is terminated after completion of five (5) years of credited service but before the normal retirement date, and the termination of employment is for any reason other than the participant's death, early retirement as described in division (B) of this section, or disability retirement as described in division (C) of this section, the participant shall, if then living, be entitled to a deferred monthly retirement income commencing on the normal retirement date. The mount of the deferred monthly retirement income shall be computed in the same manner as normal retirement income under division (B)(2) of this section, based upon the terminated participant's vested percentage, credited service and final monthly compensation at the date of termination of city employment. A participant who terminates city employment after completion of five (5) years of credited service may alternatively elect, in lieu of any other plan benefits, to withdraw participant contributions in accordance with Section 35.095(A). e_'_'ch e!ect~.en te ':.~.thdr:':; ~_"fic;.gznt 'zentrib'_'t;.ev.: :ha!! be_ ........ r ..... r ........................................ d .................. r Section 4. That Chapter 35, "Employee Policies and Benefits't, subheading, "Retirement Plan", of the Code of Ordinances of the City of Del:ay Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (e), to read as follows: Section 35.097 RETIREMENT INCOMEI BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (e) Except as provided in division (A) of this section with respect to normal retirement, division (C) of this section with respect to disability retirement, and division (D) of this section with respect to death, a participant whose employment is terminated prior to the completion of five (5) years of credited service shall be entitled only to the return of participant contributions ~gtl~a~,-kn~;,~ in accordance with Section 35.095(A). 4 ORD. NO. 30-99 Section 5. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of I the Code of Ordinances of the City of Delray Beach is hereby amended by creating Section 35.110, "Deferred Retirement Option Plan", to read as follows: Section 35.110 DEFERRED RETIREMENT OPTION PLAN. (A) Beginning with the first pay period after September 1~ 1999~ any employee who is eligible for normal retirement, as defined in Section 35.089(G), may elect to participate in the Deferred Retirement Option Plan ("DROP"), except as provided in Section 35.110(L), in accordance with this section. An employee is considered retired for pension plan purposes upon entering into the DROP plan. (B) An election to participate in the DROP plan must be made in writing and shall become effective thirty (30) days following the date it is received by the Retirement Committee or pension plan administrator, or on a later date if specified by the employee. (C) An employee who elects to participate in the DROP plan may participate in such plan for a maximum of sixty (60) months. (D) An employee's credited service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the DROP plan. An employee shall not accrue any additional benefit under the plan after entering the DROP plan~ except as afforded other eligible retirees under the plan. After entering the DROP plan~ a participant shall not be eligible for disability or pre- retirement death benefits under the retirement plan. (E) A DROP plan account shall be established for each employee who elects to participate in the DROP plan in accordance with this section. During the period of the employee's participation in the DROP plan, the employee's normal retirement benefit shall be paid into the employee's DROP plan account. The employee's DROP plan account shall be invested by the Retirement Committee and credited with interest equal to the overall net (earning less costs) investment rate of return on the Retirement Plan assets during the period of the employee's participation in the DROP plan. Provided~ however~ the Committee, in its sole diseretion~ may establish a separate plan for DROP accounts that would be invested by the retiree and for which special rules may be applied consistent with Internal Revenue Service regulations. (F) At the conclusion of the retiree's participation in the DROP plan~ and as a condition of participating in such Plan, the retiree will continue his retirement and terminate City employment. The retiree will thereafter receive a normal retirement benefit at the same rate as previously calculated but the monthly amount will be paid to the retiree and not deposited in the DROP plan account. The retiree's DROP plan account will thereafter be distributed to the retiree in a cash lump sum, unless the retiree elects an alternative distribution as described below: 5 ORD. NO. 30-99 (1) Phyments in approximately equal quarterly or annual installments over a period designated by the retiree not to exceed the life expectancy of the retiree or the joint life expectancy of the retiree and the retiree's designated beneficiary. In the event that the retiree dies before all installments have been paid, the remaining balance in the DROP plan account shall be paid in an immediate cash lump sum to the retiree's designated beneficiary~ or (2) The purchase of a non-forfeitable fixed annuity payable in such form as the employee may elect. Elections shall be in writing and shall be made at such time or in such manner as the Retirement Committee shall determine. If the annuity form selected is not a qualified joint and fifty (50) percent survivor annuity with the retiree's spouse as the beneficiary~ the annuity payable to the retiree and thereafter to the retiree's beneficiary shall be subject to the incidental death benefit rule as described in Section 401 (a) (9)(G) of the Internal Revenue Code and applicable regulations. (G) Notwithstanding the provisions of paragraph (F)~ if a retiree dies before distribution of the retiree's DROP plan account commences, the account balance shall be paid to the retiree's designated beneficiary in such optional form as the beneficiary may select. Notwithstanding, the provisions of Paragraph F, if the retirement committee adopts a separate plan in accordance with 35.110(E)~ distribution in accordance with rules established by the retirement committee under such separate plan will apply. (H) Except as otherwise provided in this Section, distribution of an employee's DROP plan account shall begin as soon as administratively practicable following the employee's termination of employment. A retiree may, in accordance with such procedures as the Retirement Committee may prescribe, elect to defer distribution of the DROP plan account until the first day of any month coincident with or following the termination of the retiree's City employment; provided~ howeveb distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the Internal Revenue Code and regulations thereunder. Any mounts in a retiree's DROP plan account shall continue to be invested by the Retirement Committee and shall be credited with the net investment return on the Retirement Fund until the balance of the DROP plan account is fully distributed to the retiree or the retiree's beneficiary. Provided~ however~ if the Committee establishes a separate plan as set forth in Section 35.110(E)~ the earnings will be invested and distributed pursuant to the rules of the separate plan. (I) In no event shall the provisions of this Section operate so as to allow the distribution of a retiree's DROP plan account to begin later than April I following the later of the calendar year in which the retiree terminates City employment or attains age seventy and one-half (70 ½). (J) Notwithstanding any other provisions of this Section~ all distributions from retiree DROP plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder and as provided under a separate plan if adopted by the retirement committee. 6 ORD. NO. 30-99 (K) Notwithsianding any provision of this Section to the contrary~ a retiree or beneficiary receiving distributions from a DROP plan account may elect, at the time and in a manner prescribed by the Retirement Committee~ to have any portion of an eligible rollover distribution paid directly fi.om the DROP plan account to an eligible retirement plan specified by the retiree or beneficiary in a direct rollover~ provided~ however~ if the committee establishes a separate plan as set forth in Section 35.110(E), the eligible rollover distribution of the DROP plan allotment will be distributed pursuant to the rules of the separate plan. The following definitions apply to the terms used in this paragraph: (!) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee under the DROP plan, 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 (10) years or more, any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, and the portion of any distribution that is not includible in gross income. (2) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, 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. (3) "Distributee" means an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) ."Direct rollover" means a payment by the DROP plan to the eligible retirement plan specified by the distributee. The direct rollover may be accomplished by any reasonable means determined by the Retirement Committee. (L) Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall not be allowed to participate in the DROP plan. Should the City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants shall be allowed to enter into the DROP plan as of the date the collective bargaining agreement is executed. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 7 ORD. NO. 30-99 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to general employee plan participants who are covered under an expired collective bargaining agreement; or belong to a bargaining unit that has not executed a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement applicable to such employees. PASSED AND, ADOPTED in regular session on second and final reading on this the day of ~ 1999. ATTEST: City Clerk First Reading _~?~ ,~ ?~ ~9~ Second Reading ~/~ / 8 ORD. NO. 30-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMANAGER~/1 SUBJECT: AGENDA ITEM # /~ - REGULAR MEETING OF AUGUST 17, 1999 ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN) DATE: AUGUST 12, 1999 This is second reading and a public hearing for Ordinance No. 30-99 which amends Chapter 35, ~Employee Policies and Benefits", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. The following is a summary of the changes proposed: 1. Changes the eligibility for a fully normal retirement benefit by adding a 30 years of credited service threshold regardless of age to the age 60 with ten years of service threshold for eligibility that currently exists. 2. Adds a Deferred Retirement Option Plan (DROP Plan). 3. Provides for interest of three percent (3%) with less than 10 years of service and 5% with 10 or more years of continuous service on employee contributions when withdrawn. 4. Brings employee contributions into the retirement plan to zero. 5. These changes as drafted exclude union members who are currently operating under an expired Collective Bargaining Agreement (CBA) or those that have not yet entered into a CBA. 6. Establishes a 1% matching program to a deferred compensation plan. This change is not a part of the pension ordinance, but is outlined in an administrative policy (#EB-14, copy attached). At first reading on August 3, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 30-99 on Second and Final Reading. C i't y ol!f ADMINISTRATIVE su.a~.c?..~.M~,OYE~. B~.N~.FITS POLICIES AN[} PROCEDURES Deferred Compensation O elf a.y MA,UAL Matching Program Beach , EB-1 4 0 1 oF 2  SUPERSEDES APPROVED BY: 0 .. DAVID T. ItARDEN, City Manage. r EB-]4.0 Purpose: The purpose is to establish a voluntary one percent (! %) matching program. EB- 14.0 ] Applicability This policy applies to all regular full-time employees of thc City of Dclray Beach who arc members of the General Employee's Retirement Plan, except it does not apply to those employees who upon the effective date of this policy are covered by an expired collective bargaining agreement or are pad of collective bargaining agreement. This policy shall be effective as to those excluded employees when a current collective bargaining agreement providing for this program is ratiO|ed and executed. EB-]4.2 Policy: Thc City shall contribute one percent (]%) of the employee's base compensation to a deferred compensation plan designated by the City, if an percent (l%) of thc employee's base compensation to thc same deferred compensation plan for thc employee's benefit, in accordance with thc following terms: A. In order to deducted from his/her may not exceed thc amount allowed per Internal Revenue Service regulations. B. City and employee contributions to a deferred compensation plan, pursuant to this policy, shall cease upon thc date thc employee no longer works for thc City as a regular £ull-timc employee, enters thc Deferred Retirement Option Plan (DROP plan), or if thc employee becomes a member of a defined benefit plan (other than thc General Employees Retirement Plan). C. A re-hired employee who previously participated or was previously eligible to participate in thc matching program shall not have any buy back rights under thc " matching program. D. An eligible employee who desires to participate in this matching program may contribute more than one-percent (1%) of the employee's base compensation (subject to IRS regulations), however, the City's contribution shall not exceed one percent (1%). SUBJECT: EMPLOYEE BENEFITS Deferred Compensation l'lan for Non-Participating Employees Page 2 E. An eligible em, ployee who participates in the matching program may later elect to not participate in tJ~e matching program upon giving thirty (30) days prior written notice to the City. The City's matching contribution shall also cease at the time that the employee's contribution ceases. F. An eligible employee who desires to or does not desire to participate in the matching progrmn or who wishes to terminate participation must complete all paper work and lbrms required by the Finance Department. CITY OF DELRAY BEACII ELECTION OF I'ARTICIPATION OR NON-PARTICIPATION IN CITY'S ONE I'ERCENT MATCIIING PROGILAM I have reviewed tile City of Dehay Beach Administrative Policy m~d Procedure Nmnber EB-14, "One l'ercent Matching l'rogrmn". In complinnce with that procedure, the following request is made: 1 elect not to participate in the City's One Percent Matchiug Program. ,1 elect to participate in the City's One Percent Matching Program. I further tmderstaud that if I elect to participate in the Matching Progrmn, Internal Revenue Service Regulations governing the 457 Deferred Compensation l'lan limits Ihe mnount of mmual contributions made to my I.C.NI.A. 457 Deferred Compensation accotmt to 25% of my mutual salary up to a maximum of $8,000. I further tmderstm~d that if I elect to participate in the 457 Delbrred Compensation Plan, the combined contributions of the City and myself lo my Deferred Compensation Plan account cmmot exceed the IRS maximum allowable total in any calendar year. i uuderstand that I will need to contact the Finance Department in order to complete the necessary l.C.M.A. 457 Deferred Compensation Plan Enrollment l:orm to begiu participation in the 457 Deferred Compensatiou Plan. I elect to no longer participate in the City's One Percent Matching Program. ! undetslm~d that if I no longer participate by contributing at least one-percent of my base compensation, the City shall also not contribute to the Match l'rogrmn. Employee's Signatme Date Employee's Name (Print) Employee's Social Security Number Employee's l'osition Title Employee's Departmeut Witness Signature Date tJligi.al lo: I lumn. Resomccs Copy lo: FI.mice - I'Aymll Dlvhlo. Copy It): Fhmncc ^dmlnlsl~atlon CITY OF UELRn¥ BENCH CITY ATTORNEY'S OFFICE .w p~LR~ B~A~ wrist's Direct Linc: 561/243-7091 Al~ea C~ :~ DATE: J~y 29, 1999 1993 TO: Ci~ Co~ission FROM: S~ A. Ruby, Ci~ A~omey SUB,CT: Ord~ce No. 29-99 (Police ~d Fire Retirement PI~) ~d Ord~ce No. 30-99 (General Emplogees Reti~ment PI~) The following is a summary of the changes proposed: Ordinance No. 30-99 - General Employees Pension Changes 1. Changes the eligibility for a fully normal retirement benefit by adding a 30 years of credited service threshold regardless of age to the age 60 with ten years of service threshold for eligibility that currently exists. 2. Adds a DROP Plan. 3. Provides for interest of 3% with less than 10 years of service and 5% with 10 or more years of continuous service on employee contributions when withdrawn. 4. Brings employee contributions into the retirement plan to zero. 5. These changes as drafted exclude union members who are currently operating under an expired CBA or those that have not yet entered into a CBA. 6. Establishes a 1% matching program to a deferred compensation plan. This change is not a part of the pension ordinance, but is outlined in an administrative policy. Ordinance No. 29-99 - Police/Fire Pension Changes 1. Clarifies that the early retirement window option applies only to pension benefits entitlement for those with at least 18 years to 20 years of service and provides that sick leave, vacation and other accruals are not part of the benefit. 2. Clarifies that the retirement benefit enhancement will apply to beneficiaries. The enhancement will be adjusted annually on the retiree's anniversary date of hire and expressly eliminates retiree's ability to receive the enhancement. 3. Reduces the percent for a disability pension to 60%. 4. Increases the multiplier from 2.5 to 3.0 for members with 20 years or more of service. City Commission July 29, 1999 Page 2 5. Increases from 2 to 3 years the determination of average monthly earnings. 6. Reduces employee contributions from 7.33% to 3.00% of base compensation. 7. Provides interest on withdrawn contributions. 8. Removes all offsets. 9. Provides for changes to beneficiaries after retirement. Police/Fire Agreement Amendment The police/fire addendum to agreement makes the same clarifications to the early retirement incentive (window) provisions and the retirement benefit enhancement. By copy of this memorandum to David Harden, City Manager, please place the General Employees and Police and Fire ordinances on the City Commission for the August 3, 1999 agenda for first reading. The addendum to agreement should be placed on the August 17, 1999 agenda to be approved at second reading. SAR:smk Attachments cc: David T. Harden, City Manager Alison MacGregor Hart3', City Clerk James W. Lima, Esq.