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HomeMy WebLinkAbout2009-03-23 (Regular) Meeting Agenda PacketPLEASE NOTE: The March 23 , 2009 City Council Meeting will be digitally recorded and we are planning to post the audio files on our Web site as the first step in providing meeting recordings to the public. (Please be aware that the microphone systems can pick up side conversations and there is no way to exclude those from the digital recording files.) • • 1. Call lo Order. 2. Invocation. Agenda for the Special Meeting of the Englewood City Council Monday, March 23, 2009 7:30 pm Englewood Ci\ ic Cenler -Council Chambers 1000 Englewood Paikway Englewood, CO 80110 3. Pledge of Allegiance. 4. Roll Call. 5. Consideration o( Mlnu1es of Previous Session . a. Mln u1es from 1h e Regular Cily Council Meetin g of March 2, 2009. t-. Recognition of Scheduled Public Comment (Please limil your presentation 10 1en mlnules.) 7. Recognition c,f Unscheduled Public Comment (Please limit your preseniation 10 five minutes. 11noe for unscheduled public commen t may be limiled to 45 minules, and If limued, shall be condnued to General Discussion.) 8 Communocauons, Proclamations, and AppointmenlS. ~-~ A resolution appointing altema l e member Tealee Hinger as a regular member on lhe Code Enforcemeni Advisory Comminee. • 9. Conscn l Agenda llems. a. b. C. Appr1 of Ordinances on Firsl Reading. Approval of Ordinances on Second Reading. Resf s and Motions, Plt;,.se nolC!'; If vou hi'Vt" a dtsabilhy and ne~d 11u~Maiv aick ot sef\·ices, ple.:tsl' nollfy 1hc Chy of (nglt..--wood tlOl-76 :?-2405) 01 lrast ◄8 hours In .idvance of ""hm serv1ct."'S are needed. Englewood City Council Agenda Ma rch 23, 200CJ f>age 2 10. Pu bl ic Hea ring It ems . ( o Publ ic Heari ng sc hedu led.) p 11 . Ordinan ce s, Resolut ions and Motion s a. App rov al of Ordinances on Fi rst Rea ding . b. C. Coun cil Bill No. 8 -Rec omm endation fr om the Commun ity Devel opment --Oepartment to adopt a bill fo r an ordinan ce au thorizing the re demp tion and sa le of prop erty acqu ired through the Hous ing Rehabi litation Prog ram located at 290 East Bellewood Drive in the City of Eng lewood . STAFF SOURCE : Janet Grimmett, Housing finance Specialist. App~f Ord inan ces on Se co nd Read ing. Reso lutions and Motions. Recommen dation fro m the Finance and Admin istrat ive Servi ces Departmen t to adopt a resolu tio n transferring $800,000 from the Gene ral Fu nrl 's Long Term Ass et Reserve to the En glewoo d Mclell an Reservo ir Fou ndation . STAFF SOURCE : Frank Gryg lewicz, Director of Finance and Admin istrative Servic es, Recommendation from the Commun ity Developmen t Depart ment to approve a resolution authorizing the City of Engl ewoo d to file an applica ti on wi th the Colora do Di vision of Hous ing for a port ion of the Arapahoe County's allocation of Fede ral Ne ighborhoo d Stabi li zat ion Program funds . STAFF SOURCE : Janet Grimmett, Housing finan ce Specialist. iii. Rec ommendatio n fr om the Human Resources Dep artmen t to appo int, by mot ion , a hea ri ng offi ce r for a disci plin ary app eal fil ed by Po lice Officer Jason ~STAFF SOURCE : Sue Eaton , Director of Human Resources, 12. General Di sc uss ion . (Pl eas e note, this is a sp ecial meeting. Mot ion s may not be made al this meeting .) a. Mayo r's Choice. b. Coun cil Members ' Choice. 13 . City Manag er's Repo rt 14. Ci ty Attorn ey's Report. 15. Adj ournme nt. Piease no te: If yo u have ,1 disability ;md need auxiliary a.id$ or seMce~. ple,,$e notify 1he Ci t)' of Englewood 1303-762·2 405\ al 1easl 48 hours m advance of wh en services ar e net"'dr.!d , ------------~ • • • • 1. Call to Ord1r ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 2, 2009 The regular meeting of the Englewood City Council was called lo order by Mayor Woodward at 7 30 p m 2. Invocation The invocation was given by Council Member Mccaslin. 3. Pledge of Alleglance The Pledge of Allegiance was led by Council Member Mccaslin. 4. Roll Call Present. Absent: Council Members Jefferson, Moore, Oakley, Mccaslin, WI ison, Woodward Council Member Penn A c;uorum was present • Also present. City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Cily Clerk 81is Deputy Cily Cler1<. Bush Director Gryglewicz, Finance and Administralive Services Director Fonda, Utiities Pretreatmenl Division Admin&Strator M~'d. Wastewater Treatment Plant Director Kahm, Public Works Engineering/Capital Projects Administrator HellCl<noo , PubflC Woots Engineenng Technician I Dye, Public Works Director Black, Parks and Recreation Director Ealon, Human Resources Training Specialist Ma,n, Human Resources Clerk of the Municipal Court Traudt Manager S~tt. Community Development Chief ol Police Vandermee Poltee Commander Condreay Sergeant Contos, Police PSB Investigator Allen, Police Mayor Woodward said I Just want to announce lhat due to the length of our Executive Session lonlghl, !hat W'J nad to put off our Study Session, which will take place after the full meeting tonight. So, we will reconvene ir the Community Room and have our Study Sesslo.n at that time. Conalderatlon of Mlnutea of Previous Seasfon (a) COUNCIL MEMBER JEFFERS ON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 17, 2009 . Mayor Woodward asked If there are any mod1ficat10ns or corrections There were none Englewood City Council March 2, 2009 Page 2 Vole res ults: Moboncamed Ayes Nays Absent Counctl Members McCaslin, Moore, Woodward, Jeffersnn Wi'Ofl Oakley None Council Member Penn 6 Recognit ion of Scheduled Public Comment (a) Human ResourteS Director Sue Eaton sax! I am very pleased to be here tonight with a group of Crty employees lhat have put together an award winning program that we had last October. It Is called our Supervisory Summ it. And in lhls Su mmll we had a full week !raining ... 33 ½ hours of classes and 415 classes were attended during lhe course of lhe training. We have done this on a very modest budget and , primarily, wrth the help of this 1nlerdepar1mentaJ group that our T rainlng Coordinator Karen Main put together So Karen, I wdl let you Introduce the group .. and there is our S.T AR. Award. which was presented by the Amencan Society of Training Development. This Is Karen's second year In a row of winning lhis Congratulations everybody. Ms. Main said thank you very much members of Council and Mr Mayor This program could not have been possible without the work of this eollaboral1Ve committee and I want lo recognize those folks whO took time out to come In this evening: Jewel Traudt from Courts , Scott All en from the Police Department, Dave Henderson from Public Works. Roy Dye from Public Works. And those folks Who are not with us Allen White, Cindy Goodbum, Gary Hultberg, and Elise Moore Thanl< you very much Director Eaton said than k you Karen, thank you Council. There was applause. Mayo, WOOdWard said to reiterate, I think this is the second year tn a row and It Is a very valuable program Congratulations Karen and thank you for all the wor1< that you do, (b) Rose Seemann, an Aurora resident. said I have a rather unusual subject tonight I have a company caled EnviroWagg, LLC and we compost dog waste We have been doing this for about a year We have a good product and I am here to talk a little bit about how we would hke to have Englewood's dog waste to use for our composting program. We have been composting In Broomfield and Weslmlnsl er ... ln lwO of the par1<s there. We generated about 14 coble yards of good, safe compost. It Is called DOGGONE GOOD COMPOST We are going to be doing lest mar1<eting. In retail garden centers, this spnng And, for the last severa l weeks I have been talking to Dave Lee of lhe Par1<s Department and K,m and Jean of Englewood Unleashed What I proposed to lho~ is a prog ram that would give Englewood free dispensers for composlable doggie bags EnviroWagg would colJecl the dog waste ,rvery two weeks. And what we would ask In relum, 1s that the Par1<s would post signs explaining the dog waste program, explain to the dog owners how they need to put the dog waste In the composlJble bags In separate bins . What I am here for today, is I would hke lo have you consider giving me the ability to sell sponsorslillps for the dispensers. If I could put s tickers of some sort on the dispensers saying that ,t IS supported by a vetennarian service or a doggie day camp or a pet produd store. then that would defray the cost of composbng bags and also transporting the waste for you This program the tlmehne begins next sum mer. but I am here now because the State of Colorado, the Colors:n D11partmen1 of Public Health and Environment. has an RREO Grant for recycling, right now, We j ust have~ , time, If Englewood permits advertising, for me to include Information III there, so that I can get free o >'!nsers and free bags to get the program started and that would be covered by the grant money The deadhr, ,, the grant Is March 13'", so I would hke lo be able to Include Englewood and say that you are considering .. o,ng this The Parks Department Is going to be considering It on March 12"' and givmg a recommendation, but what I would hke to know ,s whether d woukl be alnght fo, us to put stickers on those d15pe11sers say,ng that they are sponsored by IOC8I venders It wouldn 't be an ad, so lt wouldn't look commercial It would simply be a stlCker saying that the recyc ling program Is sponsored by .a doctor, a veterina rian or whoever would do the sponsorship . And not only could we do the composting at Camne Corral, which Is a beautiful park I've been to a lot of fenced In unleashed par1<s and tt Is a real nice park but we could do d ,n all lhe par1<s where there are a lot of dogs mainly Centennial and Jason Park Dave Lee said that they would consider putting a roll'Off at the ServoCenter away from lhe parks and when they collect the trash and the waste, they could put the dog wasle ,nto a separate roll'Off away from the trash , because we can't mix ,1 with plastic and trash, which Is why we have • • • Englewood City Council March 2, 2009 • Page3 lh e compostable bags Englewood has 800 tons of dog waste every year and we could probably, at leas!. kind of gel a start recycling that by composting about 6 Ions a year out of your dog parks maybe more, we would have 10 see what comes ,n, bul I wanled 10 ask you about lhal Do you have any questions? Mayor Woooward said this IS typically a tome that we give our visitors or our guests an opponunI1y to address Council and 1f Council has a response or questions that comes al the end of the meeting under Council Members Choice Typically we do nol answer quest10ns at !his 1,me Ms Seemann said !hanks for hal'lng a chance to speak Would !here be a chance lhat there mlghl be a vote on this or will you lake 11 under advisement? Mayor Woodward said I know I w,11 have some commen1s on th,s al lhe end of lhe meeting, so I would certainly hke you to slay Ms Seemann said okay, thank you. 7 Recognition of Unscheduled Public Comment (a) Jean Alspector. a L1llle1on resident said I am here today as a member of the Englewood Unleashed Board to ten you that lh,s EnviroWagg program sounds really great to us Rose has been working with Parks and Rec And I think it would be a big kudo ,f Englewood could start something that Is green, especially with all these dog parks and dog owners I wou ld like to see Englewood, even though I live In Littleton. be lhe firs! community to be able to say they have done something green in this manner since !here Isn't a cost reaUy lnvolVed In, a grant Is different Thank you (b) Kim Love. a Llftleton resl(lent saJd I am President of Englewood Unleashed. Thank you aR for • hearing us tonight We feel very stro~gly about having Englewood be, probably. the first community w11h dog parks that is part of the green movement. So, we think that Env,roWagg has a lot lo offer and we would be able lo, basically, lake lhe dog waste and put It in a composlable bin and thal is later lransferred lo anolher facility and II actually becomes composlable manure, so lo speak. so rt will be used for gardens and such II ls a good way to recycle Vbrsus lhrowmg ,t in our already overfilled landfills So, we would solve a couple of issues wilh lhal And lhat would be, we would have separate dispensers 111 lhe park that would be Just for dog waste only w1lh composlabte bags. lhese are bags lhal would decompose along with the was1e and separate from the !rash Dave Lee has suggested, in feel lonlghl, lhal since they are already there picking up the trash anyway , lhey would lake lhal as well and we would just keep them In separale bins EnvlroWagg has ollered lo have roll-offs al lhe ServiCenler, so they would be able lo be split up They are removing that lt&sh onC'! or lwce a week anyway. so this would be a good way for Englewood lo become a green C,ty. espec,ally wolll ttiat wasle a good use for rt Englewood Unleashed ,s def,nttely behind the program. so we would hke to recommend lo lhe C,ty Council to consider 11 Part of lhe cosl .lhey defray lhe cost of the bags and the dispensers by having advertising on lhe dispensers. as Rose mentioned. So, that is somelhing to cons,der. I know thal tradIlionally Iha! is nol something lhal the Clly does, bul II would be one way to defray lhe cosl So 1r you consider lhal as part of ii Il Is basically small advertising lhal we are talking aboul, sponsored by lhe d,spensers So. ii Is more of an 1ns1,1ut10nal advertising , but lhat parbculat sponsor pays a lee and thal bas,caJ!y pays for the bag and transporlabon to gel rt to the wasle fac,hty. which 1s I bohe'IB m Ea1on. Colorado We are an for Iha! Separalely from EnviroWagg, I am here as Pres1den1 of Englewood Unleashed and rt IS always good lo see all of you again I wanl lo remind everyone and I'm going to pass lhese oul... we have a Chih Cook-off coming up again This will be our 4'" one and II has been a very successfu l even! for Englewood Unleashed We are hoping lhat some of the C1ly Council w,11 help us by seMng as judges again, as lhey did last year So this year tt Is on Apnl 25" which ,s a Saturday, the lasl Saturday ,n Aprll II is a kttle less than lwo monlhs away We deaded to make~ a btlle later this year We kind of made a m1slake last year of having ~ the Salurday before lax day We figured out that part of 01:r traffic issue .. which was a lillle less than the prevoous year was because people were probably s1,II doing !heir lasl m,nule taxes on :he weekend So, we decided 10 do II atter • lax day lh•s year so lhal Is why Aprll 25,. Again , ii Is al !he Malley Senior Center and II ls from 11 a.m lo 2 p m We expect lo have belween 25 to 30 chili rec,pes this year. We are doing a couple of new lhlngs We have. ol course , red and green calegones. we also have a vegelanan category And new lhos year we wIU be having a wMe calegory wh,ch as I undersland lh1s IS not a tomalo base chill We will have 4 calegooes and we wol have pnzes for lhal and there are some great pnzes donaled by the communrty and bus,nesses around lhe community, ,ncluding one ol our b,g corporale sponsors, the South Reslauranl I lhmk you are all familiar Engl ewood City Council Much 2, 2009 Pago 4 with that They always give us a lot of 91ft cert1fica1es to give away for dinners and such so they are worth several hundred doffars We appreciate the South d01ng that. but they are a t;.g supporter of Englewood Unleashed as are a lot of bus,nesses In the City I will pass out the Chili Cook-off pamphlets. so you can pass 11 down Every year the Chili Cook-off 1s Englewood Unleashed b,ggesl fund raiser We have become a very successful organizallon with close lo 300 members now lhat pay yearly dues and all that money, of course goes back inlo the parks Recently, Counc,I may not be aware or, bul we purchased some add1t10nal benches , some poop bag dispensers and Canada Red Cherry Trees But we allocated some cl our budget for lhal so we Just purchased that Dave Lee just brought them 1n and they are aboul ready to install them . So we take all that money that we raise and put 11 baek inlo the pari<s We are also d01ng some work at Jason Park too We continue to have our monthly bruncties at both Jason and Canine Corral And along with the brunches, we have what we call our Pooperazz, crew, and we clean up the park We have been very successful lately In keeping it clean. I know that you haven t had any complaints in quite awMe, so that ,s a good thing for Englewood Unleashed Bui when you get together a big group of peop le and we just basically pick up the park. In the last few weeks, we have had a lot of compliments on how clean the pari<s have been parucularty around the perimeter where people miss and don't see their dogs. And then the other thing that we just recently did, we bought some signs that are professionaly made metal signs that are green and while •. and It says, you must pick up your dog poop per Englewood City ordinance and a number, and we are pulling those around the par!< and we are go,ng to be delivering thOse to Dave Lee tom011ow, so that the ServlCenter can put those up at both the Canine Corral and Jason Pan< We are hoping that will help to educate the pubic to make sure that they know that Is one of the rules, they have lo pick up their dog waste So, we have been doing really well with it You have the community coming ,n and even on days we don't have the brunches, they come in and Just bring their dog and they come In with shovels and pickups and while lhey are there and their dog Is playing, they walk the perimeter of the park and p,ck up droppings We t~lnk that is so fantastic that the community Is wilhng to do that. So, as a Board, at a recent Board meet,n,g, we decided to give those people a little $5 00 91ft card when they come In on their own ,mllatlve. We give $5.00 gift cards to McDona lds or, you know, Sta rbucks or something hke that 1ust for thanking them for doing lhal So, we have allocated some money for that as well to thank lhem for taking the in itiative. And no one knows about it. we are not promoting it. It Is hke we see them and we pass out the card We want to let them know we appreciate lhem helping to take care of the parks ... both Jason and the Canine Corral One more thing that I wanted to ask, the last thing, remember la st year we asked C1ty Council lo approve lhe banner that we had already pu1ctlased from last year promoting the Chili Cook-off for Apnl 25" ., we would like permIss,on to pvt that up again over Broadway And we are ask,ng ,f the City Council would consider voting tonight on passing that and waive the fees and ask the Serv,Cenler to put 1t up The dates we are requeshng are Ap(d s" through the 26" It's bas,cally the same week per10d we had last year and we behave thal Is directly after the Easter banner ... Easter egg time. So, if the C,ty Council would permit us to do that banner again. rt would help a lot to let the public know about our Chill COOk-oN I appreciate your lime Thank you , City Counc,I Mayor Woodward sa1d thank you (c) Roger Hutchings, an Englewood resident said I am a rellred Navy officer The reason we bve close to Swedish Hospital is they saved my hfe after a series of strokes the strolce team was amazIn,g Both my cardiOlog,st and my neurologist enoouraged us to get a dog for my wellbeing, my blood pressure and keep me active Back In July of last year, we adopted a Boston terrier from the Dumb Fnends League and he ,s an amazing dog But on January 20"' of this year, my wile took him out for a walk about 7· 15 In the evening and they were auacked by two loose pit bulls And Quincy, the Boston temer, was badly hurt. spent the night ,n the 24 hour emergency cente r The only thing that happened was that my wife screamed !or over 5 minutes and a neighbor came out and kmd of rescued her. look him over to his back porch and drove her lo the vet center The dog Is well now The fact ,s 1f he hadn 't been A Boston terner Wllh a strong neck, he probably would have died, because one of the pit bulls had him by the neck and one by the leg He had slltches 1n his leg. stitches In the back of h,s neck, but he ,swell now and serving as a service dog for me The reason rm telling the story ,s • • that I encourage the City Council to consider passing a law lo ban pll bulls ,n Englewood, similar to what Denver • has He IS now traumabzed and very passtve/aggressive with other dogs We have got to retrain him to not be that way The pit bu ll s were loose, we knew where they lived and An,mal Control and Police Officer Mander was wonderful w,th us and so was the Animal Conlrol Officer Larry Medina They are going to cou,1 I don'I know what lhe results ol lhal will be Our vet bills are approaching S 1,000 00 These dogs were loose and no1 • Englewood City Council Ma rch 2, 2009 Page 5 in !heir fenced on backyard I know you have a leash law here. bul there ,s no law banning p,1 bulls I woold strongly encourage you lo. this year, really strongly consider doong lhal Thank you Mayor Woodward and other Councd members said thank you (d) Ron Trujillo. an Eng lewood res ident. saod I am a part-tome employee of Englewood al lhc Broken Tee Golf Course. I'm here lomghl lo talk lo you about a young man lhal was hored here a low years ago, Scott Rhodes He's working or the Pro Shop and he's doong a super JOb This young man Im assuming he's about 30 years of age, came in. introduced himself to everybody, look me aSlde arid asked me what my responsibilrties were on my Job, whal could I suggesl 10 make that easier or belier And he gives you the Impression that you are the only one that he Is lislening to, that there Is nobody else In the room He wants you, attention You tell him these different things that you think are going to make your job belier and easier and laler on. he will come back 10 YOlJ and Jell you that this ,s a greal Idea and we're going to do that That IS go,ng lo be very successful. but this Idea won't ny because of this and tlus and this. He has installed a program woth voicemail Like. for example. ,f you work two days a week. you're gone for five days and you come back and you have no Idea what has transpored during the lime that you have been gone You can call this voicema,I 01 any tome Gel any messages from anybody at the Pro Shop from either Bob Spada or Shannon Rhoades or Scott himself II kind of keeps you updated II keeps a good general flowlng working relabonshlp that way He does a lot of the little thongs too Like he's having the guys put the straps Into the buckles that hold the golf bags in. Just the small things .. instead of letting them hang . II is just a small thing . but those hltle th ings amount 10 a lot of good public relatJon s. nice looking. that k,nd of thing A good story is that he and I are walking along. gomg up 10 the dnving range. and generany speaking , most guys from my generation, d they see a piece ol trash. they'll stop and they'll pick~ up. He's about 6'3·. 6'4", as you can see. a httle bit tafler than I am He beat • me to that piece of paper and picked ii up before I cou ld Probably tho best thing I could say about th,s guy Is I have not heard one bad comment from any employee al Broken Tee Golf Course. I also think, In my personal op,noon, he is one ol the most important hores that has been made at Broken Tee because he hi$ the puzzle He completes the puzzle ,n the Pro Shop. Bob and Shannon worl< well logelher. They do a great ,ob But heres Scoll and he fills It In He's going to Just make a great add1t1on lo Broken Tee Golf Cou rse. I have a lot of high hopes for this young man I Just want to make you people awa re . I'm su re the director knows I'm sure Jerrell Blaci< knows and ,s aware of what he has done, because we've talked about him before He Is Just doing a great jOb A great young man I Just thought lhai Coundt should know Thank you for your llme Mayor Woodward and seve ral Council Members said thank you . (e) Marl< Craft. an Englewood resJdenl said I guess lhos ,s a maintenance problem I guess I would address tt to Rochard over he1e In Pubhc Works On Floyd. between Broadway and Lincoln . on the north side of the street. one of Iha decorative street lamps has been run over by someone. I thonk, coming out of lhe Goth,c It has been th,s way for about 4 or 5 months, with jusl a traff,c cone put over ii Do you have any idea when 11 could be replaced? II IS 1ust not very attractove Council Member Jetfel$0rl said can you repeat the location? On Floyd Mr Craft said on Floyd, between Broadway and Lincoln, on the north slde by the pubbc parking 101 He said a lot of these decoratove lamps along Broadway and Floyd, and the other streets. there are four glass bulbs. a lot of the lig hts are burned out and haven't been replaced Thal's all I have to say Address 11 to RIChard? Wayor Woodward said you've addressed your comments to h,m I would 1us1 hke to comment that we have ordered and purchased glotcs for alt of those decorative lights. which I beheve. from our Council 1nforma11on. our Council newsleller that lhey are on order and are expected , If I recall right, to ship this week and I believe possibly lo be recellled next week Regarding the broken lighl I don't know anything about that I know th.It we have hm1led stock on those • Mr Craft said thank you members Mayo, Woodward and several Council Members said thank you (I) Bill Harrell said I am wi th Pioneer Metal Finishing, at 2812 South Shoshone Slrcel In Englewood He said I addressed you Mr Mayor and Counc,I, about a month ago. al your last meelong Englewood City Council March 2, 2009 Page 6 regarding the Littleton/Englewood Wastewater permit hmtts that are being changed You had asked me to go out and to do some additional research to find out what it would cost to put In some pretreatment facdrt,es at my facility, ,n order lo reduce the hexavalenl chrome and I found out some information on that. There's basically, from what I can gather. two different types of J)(l!lreatment that can be done One involves about 6 different chemicals 1nclud1ng sulfuric acid, all sorts of other caustic sodmms and very nasty smell;ng chem,cals that take between 18 and 24 hours to cha nge the producl over. It requires holding tanks and runs about $40,000 00 lo S50.000 00 to install The other is a much more technological innovaUon. II doesn't require very many chemicais It Is pretty much done lnline with p<opnelary technology and runs about SS0,000.00 to SB0,000 00 Both are not options that I can afford to put into p lace. so I basically will have lo acquiesce to the limits 1f they are approved and work with them to try to keep my chrome down 10 what they need It to be. We have been working w,th two of the members over at Littleton Wastewater and they have come up w,th some solutions for me. We have taken one of our tanks and turned It mto a primary rinse lank, In which we rinse an of lhe parls thal go through the c hrome bath. I use shortcut terms , Chro me Is not really like what you see on bumpers or stuff ike thal It ls hexavalent chrome We lly not lo drag anything Into the secondary bath, which Is what we end up dumping Into the wastewater syslem We had a couple of different tests done and we have met the limits that they have established on both of the tests lhat we put through So, I think, based on some of the processes that we have changed, and the procedures that we have changed, we may be able lo meet the requirements that they need without having to go spend an exort>itant amount of money Thank you. Mayor Woodward and several Council Members said thank you. (g) Betty Hams, an Englewood residenl said on lehow Avenue, on the south side of the Kman, there Is a big sewer pipe thing that slicks up and there is a major erosion problem there. I've already requesled, • aboul a couple of weeks ago. lhat someone do something about It and to dale. nothing has been done So I • would appreciate some help With thJS Mayor Woodward said thank you. 8 Communlcatlon1, Proclamations and Appointments (a) A letter from Ojamra Cox lndlcal.lng her resignation from the Code Enforcement Advisory Committee was conside1ed COUNCIi M!'MBER Wt -SON MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO ACCEPT THE RE~'G>,;ATION 0 ,0 r IANtRA cox FR OM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Mayor Wo0<,ward asked ,f there were any comments or d1sc uss1on There were none Vote ,e,iults: Ayes. Nays: Absent Motion carried 9 Consent Agenda Council Members McCashn , Moore. Woodward , Jefferson. Wilson. Oakley None Council Membef Penn (a) Approval of Ordinances on First Reading There wure no Hems submitted for approval on r.rst reading COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE • CONSENT AGENDA ITEMS 9 (b) (I), (II), and 9 (c) (I). (bi Approval of Ordinances on Second Read,ng • Englewood City Council 1',brch 2, 2009 Page 7 (i) ORDINANCE NO 4, SERIES OF 2009 (COUNCIL BILL NO 2, INTRODUCED BY COUNCIL MEMBER WILSON) AN ORD INANCE AMENDING TITLE 16, CHAPTER 5 AND 11, OF THE ENGLEWOOD MUNICIPAL CODE PERTAIN IN G TO MASSAGE PARLOR ANO MASSAGE THERAPY. (ii) ORDINANCE NO 5, SERIES OF 2009 (COUNCIL BILL NO 7, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCI: APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTmEO "CONTRACT BY ANO BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (ORCOG)" FOR REIMBURSEMENT TO THE CITY OF ENGLEWOOD, COLORADO FOR THE COSTS OF TRAFFIC SIGNAL SYSTEM EQUIPMENT (c) Resolutions and Motions (I) MOTION , THAT THE CITY MANAGER APPROVE JULY 4, 2009 ANO AUGUST 29, 2009 AS CITY-WIDE PUBLIC SIDEWALK EVENTS. Vote results : Ayes: Nays: Council Members McCaslin. Moore, Woodward , Jefferson, Wilson, Oakley None Council Member Penn Ab sent Molion carried . • 10. Public Hearing lt1m1 No public hearing was scheduled before Council 11 Ordinances, Resolution and Motions (a) Approval ot Ordinanoes on Firs I Reading There were no ilems submitted for approval on llrsl reading. (b) Approval ot Ordinances on Second Reading (1) Council Bill No. 5 amending the Wastewaler Ublity ordinance of the Englewood Municipal Code was considered. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER OAK.LEY SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 6, SERIES OF 2009. ORDINANCE NO. 6. SERIES OF 2009 (COUNCIL BILL NO 5. INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 ENTITLED 'WASTEWATER UTILITY" Mayor Woodward asked is lhere any discussion • Mayor Woodward said we do have Si u Fonda here, Director of Utihlles and the Ullleton/Englewood Wastewater Treatment Plant Mayor Woodward said Stu, I just wanted to venfy some of the Information that I recall from our previous first reading and I believe from some discussions that I have had with you separately out of the meetings This ,s a requiremenl these levels spec,fically related to Chrom,n 6, I believe . these are required for our perm,tt,ng process at the plant? Mr Forula replied yes Mayor Woodward sa:d okay And ~ we were to Englewood City Council March 2, 2009 Page 8 change these and increase them do we run the rosk cl getting our permit reIected by the State? Mr Fonda replied no. by the EPA There was a letter transmitted 10 Council by the Regio nal Director Mayor Woodward said ii we did have that permit m place and we exceeded those Chrom on levels on discharge , what type of line would we be lookmg at? Mr Fonda said I believe that we could be subIec1 to up to $32 ,000 00 a day Mayo r Woodward asked if there were any other comments or questio ns from any other members There were none . Vote results: Motion earned . Ayes Nays : Absent: Council Members Mccaslin . Moore , Woodwa,d Jefferson. WIison , Oakley None Counc il Member Penn (c) Resolutions and Mobons (i) Director Gryg lewicz presented a recommendation from the Department of Finance and Administrat ive to ado pt a resolution transferring $165,000.00 from the General Fund , Long Term Asset Reseive to the Pubhc Improvement Fund fo r street improvements He said this item was discussed pretty thoroughly at the 2009 budget retreat and approved by Council as a good use of those Long Term Asset Funds What happened was ii was inadvertently omitted from lhe budget ordinances and lhe appropriations ordinance and this reso lution will remedy tha t situation and make those funds ava ilable ,n the Public Improvement Fund . Mayor Woodward asked If there were any quesllons for Frank . There were none COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 30, SERIES OF 2009 . RESOLUTION NO 30, SERIES OF 2009 A RESOLUTION TRANSFERRING FUNDS FROM THE GE NER AL FUND 'S LONG TERM ASSET RESERVE (LTAR) TO THE PUBLIC IMPROVEMENT FU ND (PIF} Mayor Woodward asked If there was any further discussion There was none Vote results : Motion earned Ayes Nays · Absent Counc1I Members McCas fl n, Moore , '/I oodward Jelfe,son , W,lson , Oakley None Council Member Penn Dire ctor Gryglew 1cz said thank you (11) Dire ctor Fonda and Pretreatment Division Administrator Arnold presented a recommendat ion from the Wastewater Treatment Plant to adopt a resolution approving a revised fee schedule ,n conjunctron w1lh Councol B,11 No 5, amending the Wastewate r Utili ty ord,nance of the Englewood Municipal Code He said this simply updates the old fees lo reflect the current costs ol lhe City However . there ,s one co rrection that I wanted to make to the resolution lhal I found today . II you look at Sec tion 1, wl1ere 11 says "The Coty Counc,I of the City of Englewood , Colorado hereby establishes fees for Inspect1on and lamping ur sewer ma,ns pu rsuant lo 12-2-9 (C) EMC ." After EMC I would put a period and I would cross oul the r~ma1nde1 tha t • • was :~pied from another ord inance, I lbeheve II doesn 't track on this context This simply updates these costs • There was a question earlier about 11 someone had a point repa ir on their priva te sewer would there be a cha rg e? Nol unless II involved a con nection lo the sewer main Thal happens very rarely . but wh en 11 does we simply go out and do an inspeclIon anyway , but we don 't make a chorge because It happens so onflequ enl ly Mayor Woodward asked ,r there were any queshons • Englewood City Council March 2. 2009 Page 9 Mayor Woodward sa,d how long have lhe current fees been ,n place? Mr Fonca said I believe aboul 20 years Mayor Woodward said okay COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE AGENDA ITEM 11 (cl (HJ· RESOLUTION NO. 31 , SERIES OF 2009 WITH THE Et''TS DIRECTOR FONDA MENTIONED. RESOLUTION NO 31, SERIES OF 2009 A RESOLUTION ESTABLISHING FEES FOR INSPECTION ANO LAMPING OF SEWER MAINS PURSUANT TO 12-2-9 (C) EMC Mayor Woodward asked If there was any further discussion. There was non · Vote results: Motion carried Ayes Nays Absenl: 'Au nc,I Members McCaslln, Moore. Woodward, Jefferson. Wilson, Oakley None Council Member Penn (Ill) Engineering/Capllal Projects Adm,nislralor Henderson presented a recommendatJon lrom the Public Works Department to approve . by mot10n, an extension of the 200i • construcbon conlract In the amount of $306,995 with Thoutt Bros Concrete Contractors. Inc. for the :;:. , Conetele Ubbty Program He said Pubfic WOll<s recommends extending the exist.lg conlract with Thouh Bros at the same unit pr,c,ng RS last year. They prOVlded exce!lenl serv,ce to Englewood and we are pleased with their pricing and the quatrty of their woo. They continue to work very well with our concrete inspectors and with the citizens when we are working In fron• of the residences The 2009 program will repair conc,ete In fronl of about 300 properties, We are also going to repa ir some concrele alleys and put In some wraps at some of the intersections thal we are working on I need lo correct a typo in the Council Communlcabon. under Financial lmpacL The balance at the beg inning ol lhis year In the Concrele Program Is actua lly $257,300 00 We anticipate and w,11 receive revenues In the amount or $719.000.00 throughout the year. giving us that total you see lhere of S976,330 00 Slaff believes that continuing our relat,onsh,p w,th Thoull Bros JS In the best interest of the City and we ask for Council's concurrence lo award this conlract I will be happy to answer any quesbons Council Member McCaslin said Ive got a quesllon How are the pnonlleS set on this? A couple of reSfdents thal I've talked 10 said they hav1= called the Coty or Englewood, and were told they were on the ltsl Bui how do lhey know how rar down they are on the list when to expect ,t or what? Mr Henderson said we would be happy lo lalk lo any resident 1nd1v1duall y about the rat,ng of the concrete Our concrete lnspeclors rale from a • 10 a 4 Obv,ously, w,lh the money thal we ~ave each year. we are really doing main ly 4's .the very worsl of lhe worst We pnor,ttze them based on how bad they are We also look al if II ts around a school or a high pedestrian area wet • to accelerale those If any resident complains we would be happy to meet wilh them and talk about when we fel'I ,t could be done Counol Member McCaskn said okay and you would talk about the rating and where they might faA down the kne Can you give the,., anything mo<e spec,flc as far as when you say. you are on the lrst and we wiM conlact you, so ,1 is 1usl a matter of t,me? Mr. Henderson said yes and I lhmk we should e.pand on that a lttlle btt ,f somebody has a questoon When you are on the ltsl, I assume you are going to be on the ltst for the next year or InspecIors will say, we are tapped oul this year. you are go ,n g to be In the nexl one So. typically they are • ab le lo lell them what year they are ,n Cou ncil Member Mccaslin satd okay Mayor Woodward said typically they do 11 by quadrants of the City, r•1hl? Mr Henderson said our conlraclor will perform thetr work ,~ a l;)gocal con,truct,on sequence by quadrants of lhe City but we rate the whole c,ty every year. so we don t look al one spec,flC d1sIrict we look at all oJ ll!em Englewood City Council March 2, 2009 Pago 10 Mayor WoodWard asked 1f there were any other quest,ons There were none COL1NCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill)· AN EXTENSION OF THE 2007 CONSTRUCTION CONTRACT IN THE AMOUNT OF $306,995 .00 WITH THOUTT BROS. CONCRETE CONTRACTORS, INC. FOR THE 2009 CONCRETE UTILITY PROGRAM. Mayor Woodward asked 1f there was any furlher discuss,on There was none Vote results: Motion earned Ayes Nays Absent· 12 General Discussion (a) Mayo(s Choice Council Members McCashn, Moore , Woodward , Jefr~:son. w,1~ In, Oakley None Council Member Penn (I) Mayor Woodward said I'll be the first one to address Rose Seemann and her proposal. • I know that you've been working w,th Parks and Recreation staff to verily what you do. and I think It Is pretty interesUng and pretty feasible Being a regular member of the Parks and Recrealion Comm1sslon, I look forward to seeing thlS on the 12"' of March Also, the idea of having container sponsors, or sponsors for the bags and that sort of thing, certainly I dOn't, personaly, have any problem with that I do think though, however rt is impor1ant to conbnue .\/Otklng nght now with Parks and Recreation I know thal there are a number ol ,ssues • and verily,ng that this • feasible and a good working arrangement ,n Englewood, which I believe It p,obably will be. But I think the ap1Jf0prlate place Is to stay with Parks and Recreat10n nght now. Ms Seemann said !hank yo u. I Just wanted to be sure about the sponsorships being allowed and that they wouldn't run Into a problem with that Mayor Woodward Asked Is that something that you need lor your grant on the 13"'? Ms Seemann replied yes, I would need that I can talk with Dave Lee about thal That II is under serious oons,derallon and I can mention that in the grant But I reaffy couldn't go forward with 11 •Jnless there was some sort or funding in the future to make It sustainable from the ads, sponsorships MAYOR WOODWARD MOVED, AND COUNCIL MEMBER McCA!.LIN SECONDED, TO APPROVE THE CONTAINER AND BAG SPONSORSHIP PROVIDED THAT THE PARKS ANO RECREATION COMMISSION AND THE PARKS AND RECREATION STAFF, AND, IF NEED BE, COUNCIL, APPROVE THE PROGRAM. Mayor Woodward asked ,f there was any further dlSCUSSIOO or any d,. ross,on at all Counc,I Member Moore said I w\11 comment that I am uncomfortable ma ng that kind of dec1Sl01'1 without havmg heard ,npul lrom Parks and Rec on all aspects or the program I respec1 ~e desire for a qu!Ck response but th,s Is JUSI not er.ough tome, In my opinion, to have fully vetted the ,ssue Aga 11 this Is something that I would be looking for Parks and Rec Commlss10n's input on So, I'm uncomfortable bci,,o ,~ked to make 1~9 dec,s,on this QUIC .ty Council Member Oakley asked ti there are any legal ques C~y Attorney Brotzman satd no lar as sponsorship advertrs,ng being on the Council Member Wilson satd ,s there a way, and maybe you did, phrase that as under the approval o'. Parks and Rec, we could go ahead w,th that? I mean, 11 has to go through them ? Mayor Woodward said I recall that I said ,1 wa s provided that ,1 was approved by the staff of Parks and Recreation Department and the Parks and Recreation Comm1ss1on Council Member Moore sa,d to c!ar,fy Mayo,, you were refemng to the p<Ojeet as a whole nol the questl0(1 of sponsorship so Mayor Woodward said yes the prqect as a .vhole Counc• Member Moore said so we a1e not • • Englewood City Council Ma rr.h 2, 2009 Pag o 11 making our sponsorship approval con11ngcn1 upon lhe11 approval for the sponsorship aspect, tn lhe motion correct? Mayor Woodward sa id correct Mr Moore said of lhal clarities 11, Jill. Council Member Wotson sa,d okay I mean rm supponrve of rt and I think rt's a great Idea I 1usl wanl to mal<e sure that ,t ,s feasible As far as Parks and Rec. d lhey say 11 IS okay, I trust them to go aheald wilh rt Ms Seemann said Just so thP sponso rship wouldn't stand In lhe way I expect to be governed by what the Parks and Reaealton Department says J Just didn't want thal lo be a stumbling block Council Member Wison said If n IS nol breaking any Code lo have a spons01Shlp sticker, then I'm fine with ,, ,t would be greener Council Member Jefferso n said I'm sorry. You folks are looking for a resoluloon to show the grant folks that you can get the money by saying that they are supportrve? I m nol sure exaclly what the hurdle Is that we are dealing With t...,• Ms Seeman replied I wanted to know d the sponSOtsh ,p issue would stand In the way, IMlCfl I'm work,ng witr, Parks and Reaeat1on t Just didn 't want to have them approve ti and then Council Member Jetter Alln said bul I thi nk generally the answer Is no, you know, but I don't think that we necessa rily have to have a resc'ut,or or anything that would say thal necessanly Are we all In agreement on that or , ? C Jn;:,I Member Moore said I would fike to echo Counat Member Jefferson's po,nL I would be comfortable saying that I don't antrcrpale thal I will have any problems, but ff you ask me tonoght wi ll I approve this, I won't.. only because I va lue the Input lhal I will gel and have ye t lo receive in this process, I don't anlicipate ,rs a problem, bul there is a dlsMction thal I'm not prepared to support a resolution saying that t think we can get a feel from Counc;it Does Counc,t anbcipate rt being an Issue? I think you'U find probably not, of Council cares to weigh in. My op,nlon, hopefully, Is enough for you lo work on, w11h<lut us actually hav.ng to vote • Counc,I Member Jefferson asked 1s that enough for you to work wrth? Ms. Seemann said yes, I think that's enough And t think that the Parks Department will talk to you all and give you a recommendation I Just dldn1 want the sponSOtshlp rssue to stand in the way, Counc~ Member Jefferson said fanta stic. I think we are au generally supponrve, but we 1ust want to make sure, again, that it Is a good w011<1ng relabonshlp with Parks and Rec and that It makes se,t se for everybody, I applaud you and Englewood Unleashec for bringing yet another prrvate sector solutton that provides public benefits Thank you MAYOR WOODWARD SAI D I WITHDRAW MY MOTION. COUNCIL MEMBER McCASL IN SAID I WITHDRAW MY SECOND, Ms Seemann sa,d thank you Your Honor and CoullCII Mayor Woodward and several Counal members said ttmnk you Ma yor Woodward said thank you John for your feedback on that, because when I mac'e th~ moI10n I felt the same way (Ir) Mayor Woodward sa,d I would lrke to announce that next week rs G11I Sc,,ut Week, from March a~ through lhe 14'" We'd lrke to support the Girl Scouts ,n the Crty of Englewood and throughout the larger community and country So, buy some cookies They are very good (111) Mayor Woodward said I would like lo thank the Greater Englewood Chamber of Commerce tor lhe Economic Forecasl presenta tion by economist Patty Srlverstein of Development Research Partners last week 11 was held here on Tuesday II was very ,ntormalive and educational and pe rsonally , I d,d gel qurte a brt ol very pos,bve response back from the onfr --iation that was presented Thank you to the Chamber of Commerce • (Iv) Mayor WllOdward sa,d I also wanted to thank Represenlatove Dianna DeGetle for coming on Thursday and meeting woth a number of Council ,nt,mbers and slaH, updating us and takrng questoons and giving us answers on a number of the naoonal thongs that are goong on. what's go,ng on on Washrngton, whats gorng on with lhe stomulus plan and lhal sort of thing I want to thank her for that Englewood City Council March 2, 2009 Page 12 M Mayor WOC>dward said w,th regard lo the EnglewOOd Unleashed Ch1l1 Cook-off, which I believe Mr Love said was lhe 4" one and I lhInk for 3 of lhose 4 or maybe d's only 2. we have waived lhe fee for the banner on B•oadway As Council knows Englewood Unleashed has been our partner and steward for our off-leashed parks and has done I lhlnk , a commendab le Job I would guess lhal Canine Corral for its size any lune of lhe d~y or night, anytime of the year Is probably the mosl ullhzed park In the Cily of Englewood , JUSI from observation of dr1v1n9 down Winderme re MAYOR WOODWARD MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO WAIVE THE FEES FOR THE BANNER ON BROADWAY FOR THE FUND RAISING EVENT BY ENGLEWOOD UNLEASHED. Mayor Woodward asked If there was any discussion regarding that There was none Vote res11lts: Mot,on carried Ayes Nays: Absent Counctl Members McCaslin . Moc.re, Woodward Jefferson. Wdson. Oakley None Counc,I Member Pl",n (vI) Mayor Woodward said the last item I have Is one that I would like lo read For the • record for those thal are here and those that read the Council minutes onllne. I would like to make a comment on a recall affidavit that came forward last week The subject ol this recall attempt has to do with Zoning and Building Safety Codes. Historically, within the City of Englewood, R-1 Zoning has been reserved for single family housing neighborhoods Due to an oversight by the consultant h11ed to revise the Zoning Code In early 2004, the new Code inadvertenUy did not add ress locations for rooming or boarding houses This oversight was addressed ,n the fall of 2008 by Council B,11 No 5. Ordinance No. 38, Which included among other things. the • grandfathenng of ex.sting boarding houses 111 all zone distncts. I am of the opinion that the three requirements stipulated in the ordinance, wtuch must be completed Wllh111 60 days of the r111SI passage of the ordinance. were simple. reasonable and addressed the •sfety of ble occupants. as well as thetr well being, Ill add11Jon to thal of the neighborhood Such requirements are wstom.iry where an ex,sbng use wishes to be allowed In a distnct which would normally not allow thal use The OW"er -occupants of the one boarding house that idenbfied itself did nol meet two of the three qual lica110ns set for, ,AthIn the 60 day time period provided for In the ordinance. spec1f,cally those having lo do w,lh Zoning and Bu;r.1ng Safety Codes. To the best of mi personal knowledge, these conditions were not. nor attempted to be, sausfled by lhe owners. As one of lhe named Council members of this recall affidavit, I ca tegorically deny the charges sel forth ,n the alfidavll as unfounded, ,nnammalory and untrue Further, I believe all members of this Cou ncil are very committed to their consti tuents, have worked d,llg ently and honestly in what they belceve lo be In the best interests of the citizens as a whole and the future of lhe c,1y of Englewood. Thank you (b) Council Members· Choice (1) Counc,I Member McCashn 1 He said 10 lhe genlleman wilh the Boston Temer, I'm sorry about your dilemma I hope thal you get Justice '"court You know that we just passed the dangerous dog ordinance It ,s probably one of the best ones •~ Colorado Unfortunately. II did not protect your Jot from what happened But. hopefully, you w,I get your satisfaction through the court system That's all I can offer you nght now Mr Hutchings said thank you Counc,I Member McCaslin said ,f you would hke to 101, ia:er. I would be more than happy lo Thank you for shOWlng up tonighl 2 He s;:,d I would like to thank everyone who spoke today Ron Truiillo who spoke about our ,mployees It ,s always nice to hear and get compliments instead of always bnnglng up what we need to • ,m prove It Is always nice to hear about the people who do a good j~b for lhe City of Englewood and they are acknow ledged by 1he1r fellow employees or the citizens of Englewooct 3 He sa,d Mr Crafl, I hope we solve your problem I think Mr Kahm and Mr Henderson w,U he.Ip you ta~e care of lha1 Englewood City Council March 2, 2009 • Page 13 4. He said I've alwa ~s been a Judge at the Ch1h Cook-off the last 3 to 4 years . I will check my schedule and I also volunteer my wife, if her schedule permits . Last year I had to lea ve early , but what a great .. I'm serious ... this is a great thing for Englewood. I appreciate your time and the effort that you put in on the committee and all of your help You guys have been great for the City of Englewood Thank you very much (ii) Council Member Moore said I also wanled to address the dog attack issue and to also ex l~nd my sympathies to your slluat1on . Council did debate , at length , a pit bull ban ... il's been some lime now a~d entered into what turned Into a multi-year process In terms of considering a pit bull ban and ulllmately settling on " dangerous dog/vicious animal ord in ance that went far beyond Ju st a breed specific ban, with a tremendous amount of input from the community. So . I'd like to hear how It's workin g. If we could get ... I would l;ke lo know how this situation plays through . The story presented tonight clearly suggests two vicious animals J,1 lhe loose . It Is clearly a situ at ion that Council was lrylng to address and I would like to use this as a case study to see how well it is work ing or works . Gary , if you could keep us Informed, I'd gre atly appreciate it. Hopefu ll y it will work . A person from the audience asked a question that was not aud ible . Mr. Moore said I arn sure that staff wi ll try to track it down . City Manager Sears addressed he question from the audience by saying , we will assign ii a short tenn rques and generally with a short term we actually provi de infom,ation back to the City Counc il within a •k ~• ,o, after we get the information from all the parties Involved . You could take a look al it as it will be part of ,_. public document. And probably you could check with Mike Flaherty so he could get your nam e and we coJ•d provide that in formation that we will send to City Council . (iii) Council Member Oakley : He said I would like to encourage everybody to >\tend the Chili Cook-off . I attended last year and enjoyed It very much . I would like lo commend Englewood Unleashed for the job that they llave been do ing at the Englewood dog park . I walk by there almost da ily. It is very gratifyin g to see 20 to 30 dogs out there all pla yi ng and having a good time . t sit down on the bench and watch them almost everyday when I walk by there . City staff is do ing a good job there too . 2. He sa id lo the gentleman , who ha d the downtown streetlight problem ... Council has been aware or the deterioration of those ligh ts for quite some time . We ha ve come up wilh some money to rectify that. I think you will be well pleased with the new globes tha t we have coming in and what we will be doing down there and what we can do about that one pole . We'll see what we can do . (1v) Council Member Wilson : She said I too was a judge last year at the Chili Cook-off and will check my schedule L ,gtewood Unleashed ... and I was a part of ii, on the board at one point...is just a great group of people who have reall y done so much lor the Cily, and the pa rk and working tog ether wit h Parks and Rec . II has turned out to be 2 great asset. So I appreciate the work thal you are sllll do ing now . II is a lot of fun and it is some of the best ch 1h that I hav e ever ha d 2 She said also with your dog , I'm so sorry. Hopefully , our new dangerous dog ordinance did come into effect the way we intended it to . I was glad lo hear the Code worked with you and I appre ciate the work that they 're do ing Some times they don't always get the credll that they should . We will keep you posted . 3 She said and with the street l3mps, that was in ou r Council request. It is the ir top priority , as soon as those matena ls arrive . • 4 She said I'm really glad to hear that Wastewater worked with Pioneer Metal and was able to he lp him out and rechfy his problem so ,t works with the City and with the EPA and maybe won 't cost him a fortune . II ls something that he has to do , so I'm totally supporti,,e of Waslewa•· . II ,s our drink ing water and it has to be protected But I'm glad we were able lo work woth t~a t company . Englewood City Council March 2, 2009 Page 14 5 She said thank you for coming w,th your idea for the dog waste I appreciate that 6 She said we wtll address the ,ssue on LehOw that this lady talked about Hopefully someone w,11 gel back lo yoo I know lhey WIii (v) Coonctl Member Jefferson 1 He said I guess I'll second a lot of the things that have already been said First of all , congratutal10ns to all of the 1ndIv1duats involved 11 receivi ng the S TA R awa rd. It's n,ce l o see them recognized for their wotk 2 He said I'll second the applause for Englewood Unleashed and what they are doing , Like I said , they conhnue to provide private solutions that provide pubhc benefits for our park system That's JUsl fantastic 3 He satd lo Mr Hutchings, I appreciate your concern I'm sorry to hear about your situation Like we satd, we have considered a p,t bul ban I tntnk you'H find that our current ordinance will provide some enforcement ag ainst that specific type of s,tuabon I think, you'I probably also find that you also wtl have some CtYtl recourse to take care of some of the damages that you have sustained So, we are very sympathetic and we'll look into that s,tuat10n Like I sa,d , I think you'll find there will be some enforcement 4, He said I wanted to thank Ron Tru jillo for bringing his great message about some of our employees. Again , 11 is always nice to hear that we are doing something right 5 He sa,d !o Mr Craft, hopefully we w,11 have an opportunity lo lake a look at those tamps • 6 He said to Mr Harren, I probably should have b<ought those comments fo,waid when we passed the • ordrnance, but I just wanted to applaud staff for bonging that burden down and worong with him to bong that burden down to make sure that there was a win-win there and we didn't put an Englewood business 0111-of- buslness and we're s1111 able to meet the EPA standards I wanted lo applaud them and Im Just glad lo hear that M1 Harrell can continue to do business here In Englewood under the new standards He said to Ms Harris, hopefully we'll agai n take a loo k al the sItuaI1on over on Lehow 13 City Man ager's Report Ci ty Manager Sea111 dtd not have any matters to bong before Col,s-:,I 14 City Attomoy'1 Roport City Allorney Brotzman did not have any matters to bring before Cour.~1I Member Oakley said I do have one more thing I will be out of town next Monday so I w,11 not be allendmg the Study Session 15 Ad journment Mayor Woodward said we will be adJourn,ng to the Commumty Room for our Study Sesst00 ODWARD MOVED TO ADJOURN The meeting adJo urned al 8 40 p m ~,, • TO THE CITY OF ENGLEWOOD A petition to provide space to display all of the awards received to by Nancy Peterson and the community for the neighborhood watch. n'""'"'1 h,,~ cl~ f"/)C,re .\-ri ~ ke '-f('< V'u/.,v1'~ b~ .,.., z:,A.)}t.,~ 11\'Jov I 1v.1ble #.11.M 1t1i1 Jay\O e' 1-ae ;I) f ,1-Jlew,.,_~O I ~"j ,.._ M ~ . n,i;") l,J,l \ \ ii 1s our desire to hn,c a cabmc_;.a1 CII) Centre Jcs1gna1ed II; a11ards 1ha1 have h<:cn or will be prcsenkd 10 the City, Safety Serv ices. or Police Department for the Englewood Neighborhood Wau:h pr~. Numerous awards, plaques and honors hnvc b.:cn earned in the past for its prestigious program and they need 10 be showcased so the citizens or Englewood can once again cnJoy \IC\\lng. \\Ith pride. their accomplishments' The below signed Englewood n:51dcnts. rCSJ>','Ctfull} request )Our cons1dcra1ion of a prominent location for this sho"casc Namc~..1.lli:!::lv?IJ.1q.. Name~.ur (cll.v Name ______ _ Address .,~ ;.;; .J.1;i,,t;.~Address L.n,..,r,vt,,.,2, Address _____ _ Zip Code ~tL__ Zip Code ~._._•t'"'! ;"---___ .Zip Code _____ _ Name I ~·(.•, ;,' /J ·t/0<-F.i/wc Address ;..?,v,_ V '/ ,{;a?u,iadrcss Zip Code ,%y ;t /(1 Zi p Code Name ___ _ Address Zip Code N~'"·''!s.~-.-~,i..,.~amc Name Addre~~¼~ddrcss -. ______ ....:Address _____ _ ZipCode(,.,,'~\\C'-Zip Code l.1pCode ____ _ Name_:),.,,, , l ,.5(, -iNamc Name Address I x, t · i \ I-\. N , Address Address _____ _ Z,pCode ·::c,..,) ZipCodc ______ ZipCode _____ _ \.,!\I\ II 1, our desire 10 ha,c a cabmc~al c,,, Ccmrc dcs1gna1cd for a"ard, 1ha1 ha,c occn or '"II be prcscn1cd to 1hc Lily. Safcl) Sen ice;, or Police Dcpanm,,11 for 1hc Engl c\\tK>d Nc1yhborhood Wa1c 11 program Numerous 01\0rds. plaques and honors ha,c been c'llmcd m the pasl for us prcs11g1ous progrnm and lhC) nceJ 10 be ~htl\\cased so lhe c1t1zcns of l-'nglc11ood can once again cnJOI , 1c111ng. \\Uh pnde. 1hc1r accomph~hmcn1s· The bdow signed Englewood residents. rcspcc1fully requcsl your considcrn1ion of a prominent location for 1h1s showcase ' fllam1; /-, • , , , , ,-Name:::,//,;./Je.,, Lafd.c L Name Address~ ,.llt..m1M.Addrcss]JaoA, il¾~,r d7'.Addre_s_s _____ _ ZipCodc 1tl1/(J Z1pCodej)VLL,____ _Z1pCode ____ _ Namc';,1. ,1 a,, 1,. , , ~nme__:J,...,.k. NRmc. _____ _ Address.>!' 1:,-:, ,,v..,,. Address krZ •~· ,k,• .. u,_Addrcss. _____ _ lip Code ·,. .q ~·• Z1pCode ¥,.1,t.J L1pCodc _____ _ Namc t'&Ru}Jj.fl!L_Nam~,~. ~J.11t~ame Addrc~.; iJ111Jl\ll>CJ( Addre~~c q_Addrc_s_s ___ _ ZipCode_w,.LO ___ ZipCodc_'8h11 0 Zip Code ____ _ Name~ ,<.j '&..,:,~ Name__JJ~amc Address ~Address.;5.o, _, ... s,x~ddrcss _9 =O~J _I -Y __ _ Zip Code~" , et Zip Code._____ Zip Code ____ _ Name Se c-I:" (,,/,.., ., ,.{Nam~~/1/VI... Name Addrcss...2Li1.. .> //,..,,. ,tAddr ss ~ddress Zip Code er ti( Zip Code Q{(O Zip Code Name/,.,.,., fh·;J..UName~. \1.\k\l~~~me ~~:--,:---- Addrcss~ J.a.,.,..&Addrcss~· t~j, \ ~W_ 1\ ~ ZipCodc_.£<"11a__ 2:ip-€odt:J3 D lLQ.. Zip Code __ Namc,t,, ,-d ~ /~...Name_&dJ.u G....._ Name Addn.'SSJ '/,<,:i ~ {Lc,_,,.,.._Address.L'/Jc s, /-1"4.,~Address i'tp Codc_L_U_, __ ZipCode tf.•11.3__ ZipCodc .' ~~,A,\\ ~ ... ~ ~ \ Namc t, ~,· £ 1 .a1 amc __ _ Addressllil--• ~" '!fidrcss _____ _ Name Address i'.1p Code -5;.i21J o_Zip Code ____ _ Z,pCodc --== Name ~)kJ.~l.. Name_ Addr~~ ?/,M 5'; lfc'Cl!l.dJ1 ''I Address /.1p Code£bjjj,, ___ Zip Code Name Address _____ Ztp Code PUBLIC COMMENT ROSTER AG ENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT March 23, 2009 PlEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT • • • RE ILTIIN 0 SERIES OF 2009 A RESOLlTI 10 APPOI ITTNG TE.ALEE HI GER TOTIIE CODE ENFORCEMENT ADVI RY CO MMITTEE FOR THE CITI' OF ENGLEWOOD, COLORADO . WI LEREAS. the Englewood Code l:nfon:ement Advisory Conunmcc was cstabhshed by the Englewood City Council wllh 1hc passage of Ordinance o. 71, Series of 1997: and WHEREAS . Tcal ec Hinger has applied 10 serve as a mombcr oflhc Englewood Code Enfon:cmcn1 Advtsory Commit1cc: and WH EREAS, Tcalcc lhn~~r was previously named as on allcrruitc lo lhe Code l!nfon:cmcnt Advisory Commiucc; and WI IEREAS , the Englewood Ci ty Council desires to appoin1 Tcalcc H'rngcr 10 1hc Englewood Code Enforcement Advisory Comminec:; NOW, THEREFOkE, BE IT RESOLVED BY THE CITY COl!NC ILOFTHE CITY OF ENGLEWOOD. COLORADO. THAT : ~-Tcalcc Hi nger is hereby appointed 10 lhe Englewood Code Enforcement Advisory Commiuce . Tcalcc Hingcr's tcnn will be effective immediately and will expire July I, 2009 . ADOPTED AND APPROVED this 23'" day of Man:h, 2009 . ATTESl · James K. Woodwanl, Mayor Lou n hia A. Elhs, City Clerk I. Loucn lua A. Ellis, Cny Clerk for the C11y of Englewood, Colorado. hereby certify the nbo,c 1s n true copy of Resolution o. __ • Series of 2009 . Loucrishin A. Ellis, Ci ty Cleric 8a • COUNCIL COMM uNICATION Dale: Agenda Item : Subjed : March H, W09 11 a I Rede,nplion and Sale of Property acquired through the Housing Rehabill talion Fund Initiated By: I Staff Source: Community Development Department Janet Grimmett Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTI ON CouncO passed Ordinance No, 23, Seri'!S 1999 accepting assignment from the Englewood Housing A, 1thority of all righ ts, assets and liabilities associated with the Housing Rehabilitation Loan Program and also passed Ordinance No. 26, Series, 1999 amendhg Title 4, Chapter 3, by 1he addition of a new Section 13 enrided "Housing Rehabilitation Fund.· From 2005 • 2007, Council passed six ordinances approv!r,g redemption and sale of six olher propenies acquired through the foreclosure process. • RECOM MENDED ACTION • Approve a bill for an ordinance for 1he redemption and ;ubse4uent sale of 290 East Bellewood Drive (a single family home) acquired through the fo reclosure process as defln~d by Colorado State St11u1es BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Housing Rehabilitation Program was crea ted In 1976 by the City of Englewood to prPserve th e exisling housing stock in Englewood, and to also address the problems that homeowners experience wrth the financing of major household lmpro,ements. The Gty Attorney required that the new Housing Rehab Program not be administered doreclly by the City to avoid any conftlcts with a State Sta lute that prohibited any mun icipal government from making loans to its ci tizens. It was decided to use the Englewood Housing Authority (EHA) as the conduit 10 manage and operate the Program. The legal authority to operate and manage the Rehab Program was a~slgned 10 the City In 1999 through an agreement with the EHA It was determined at that tim e that the Program and City staff should be under the direct management of the Community Developmeot Director. In order to avoid any ccnfllct wi th Colorado State Statut es, an e nterprise fund was crea ted under TABOR regulations known as the Housing Rehabilitatron Fu,1d (Fund). The Rehab Program retained Its own funding sources designated as Fund 4S and Fund 46 that are used to suppon the operations of the Program . One c,f the 1un~t1ons 01 the fund is 10 redeem properties that ha, e gone thrc,ugh 1l1e foreclosure • process. The Housing Rehab1bta11on loan Program approves hon1e imprO\ ement loans that are sec ured by deeds of trust. generally .is second or third m,>rtgages vunior hens). The procedures of th e Program require staff to have all foreclosures m iewed by the Rehab Ltoan Committee (RLC) atter 11-e property has been sold at a public sale. The RLC consists of three members, currently: I) leffrey Jones, US Bank; 1) Christine Hart. Accountant. City of Engle,\Ood Finance and Administrative Senices; and 3) Marlene Mosman, a low-income homeowner and Englewood resident . The foredosurt> process is the primary tool for lenders 10 use to Insure repayment of their loans. When a homeowner defaults, the lien holder is able to initiate the foreclosure process to collect the monies that a1e owed to them. This process is stdrted by filing the required legal documents with the Public Trustee's Office. This '.iling triggers a whole sequence of events ihat is dictated by State Statutes. The Public Trustee will set a Public Sale date for the property and publish this lnformauon in a newspaper of general circulation. Each recorded lien holder receives a copy of that advertisement as well as a Public Trus tee's Combined Notice of Sale and Right to Cure and Redeem . The homeowner can cure the default and must file a Notice of Intent to Cure at leas t IS calendar days prior to the firs t scheduled sale date or any date to which the sale is continued, This time frame represents approKlmately a minimum four-month time period. If th e homeowner redeems the p1 ,perty, then the foreclosure process is ended and there Is nothing the junior lien holder Is required to do. All liens rema,.1 in full effect If the homeowner does not cure the defaul~ the propen. Is sold at th e Public Sale' the highest and best bidder• generally the lender that initiated • th e foreclosure. Each junior lien holder must file a No tice of In ten t lo Redeem within 8 bus iness days after the Public Sale date if they are interested in redeeming the property to collect their own indebtedness. If the Intent 10 Redeem is not filed, then the lien hc,lders lose their nghts under the deed of trust provisions and the property Is no longer collateral for their loan. This means that a junior lien holder will not know if th Py need to file the Notice of Intent to Redeem until the homeowner's cure period has eKpired and the Pubhc Safe has heen held. Given the very short time frames of the jlmior liPn holder redemption period, properties redeemed through the Housing Rehab Program are always brought to the Council after the fact for ordinance approval. Section 72 of the Home Rule Charter requires that real property may be sold, but only by ordinance, not using the emergency provision. Each property is brought before Council as early m the process as pos•ible so that marketing effo rts can begin. This process will experlite the subsequent sale and closing of the property. The foreclosure notifoca11on for 290 East Bellewood Dnve "as received In January 2008. The inmal Public Sale date was set for May 21, 2008. The Pu blic Sale was continued until February 4, 2009. ThP RLC was consulted at Its September 2008 meeting and they recommended filing the Notice of Inten t to Redeem with the Public Trustee's Office. That notice was filed February 5, 2009. As the or,ly junio r lien holder to file th e Notice of Intent to Redeem, the City of Englewood was notified on February 12, 2009 by th e P,1b ll c Trustee's Office of the exact amoun t needed to redeem the property on February 18, 2009. A wire transfer from the Housing Reh1011itation Fund 46 was sen I on Februari 18, W09 to the Public Trustee's Office. A letter requestir,g that a Pubhc Trustee's Deed be issued in the name of th e City of Englewo1>J-Hous1ng Reha' ,ilita 1,on Fund was hand- delivered on the same date, • • • • Staff has made an Initial lnspechon of the property. The propert) will be rented until a pending lawsuit 1s senled. After settlement of 1he lawsui~ the property will be ;'lid to a private owner, occupied party who has secured d1e1r own permanent financing. The proceeds from lhe renl and subsequent sale of the property will be returned to the Housing R~habditation Fund 46. If an offer to purchase the prope: ty is received from any Oty of Englewood em1~oyee, 1he,r family members, or any business m wh.ch a City employee has a financial interest, then staff will sul-m1t the offer to the City Council for approval. FINANOA L IMPACT Fund 46 covered the cost of the redemption of SI 65,026.36. The cost of any additional rehab of the property is unknown at this time, but will also be covered by Fund 46. All proceeds from the sale of 290 Eatt Bellewood Drive will be reimbursed to Fund 46. There are no other financial Impacts to the City. LIST OF ATTACHMENTS No tice of Intenti on to Redeem and Affidavit of Amount Owed Letter requesti ng Public Tr ustei!'s Deed in name of City of En glewood-Housing Rehabllitatl o1, Fund BIii fo r an Ordinance • • NOi lCI: OF (]\TE,,TION TO REDEEM AM) AFFID,\\"IT Of" \J0ll1' r 0\1 r.o HI TIIE l'UDLIC TRUSTEE OF THE County of Anlf>Ah<,<. Swe of CoJonoJo lnfotmlllOII Rcpnbng Puhli< Trwtce's fOl<Closwc Sale Pubhc Trustee's Sale Numba Date of Sale La<t Day of Owner's Rcdcmpbon Pcnocl DIie ofll<c:d of Trust Gnnto< of D<al ofTNS1 Ona,nal ll<ncfic1uy of Deed ofTrust Rcfr:rcnce Nos. of Rceonlcd D<al ofTtust Olll-2008 Fcbn>wy 4. 2009 fd,rulry l, '2009 April 15, 2005 Elora E. Marley lmpcnal L<ncling LLC BS064567 RECEIVED FEB 05 2009 ---tUUCTnUSIU lnfonnatlon Regarding JUght 10 Redeem: l'/am< of Redcrnptioocr Address and Phone l'/o. of Redemptioner City of Englewood-Housing Rch•b,li1>riou Fund 1000 Eas)ewood Pkwy, Englewood, CO 80110 J0J.762.2349 Lien or Encumbrance Entitling the Undcnigned 10 Redeem Date of Reeording Lien or EnC1lJTlbr>nce County orRecotding Rcfer<nco l'los. of Recorded Lien Deed ofTnist A,t, ~ , 2004 ,•.npahoe l~o,~IJI You arc hmby notified th&t the undersigned intends to redeem the property sold by you II the public Trustee', Sile described above. The undersigned is cnlilled to redeem 111 the owner o( lhc lien ar cncumbnnce described 1.bove . You an: funhcr notified that tr.e amoU01 owed on the lien or oncumb'1Ut<C cvidcncal by the at1>ched i.-en1(1) is as follows: Principal Administnliv< Fees (inc. l•tc clurge3) t.,gal Fees In,...., to End of Owner's Redemption Period Total S52,0SR.71 395.00 50000 ?,31643 sss,300.1• Per O,cro lal....,. Aller End ofOwoc:'s Rcdcmptioa Pcriocl Sl.71 I n:rufytllll the obovoamounrsaroaxtOCltotbcb<SI ofmyblowlcdgc Coty of Englcwcod -HOUSJng Rehahilitmon Fund D•tc: Fobnwy 5, 2009 by: Alan White, O,reclor • • • C T y 0 F COMMUNITY DEVELOPMENT February 18. 2009 Arapahoe County Public T ruslee 2329 W Main Sl, Suite 100 L1tlle ton, CO 80120 To Whom II May Concern: (hand dehvered) As a resuh of redeemmg lhe Public 11 , tee's Foreclosure Sale No. 0413-2008, please issue a Public Tru slee's Deed to: City of Englewood• Housmg Rehabilllalion Fund 1000 Englewood Parkway Englewood. CO 80110-2373 Enclosed 1s $3 9.00 10 cover the cost of issuing lhe Deed for 1h e property located al 290 East Bellewood Drive, Englewood, CO 80113. Please lei me know if you ,ave any questions Sincerely, i_~_t,l~~ Housing Finance Speci allt Enclosure Hl~1.f!VE ,) 1111 111mnH ,. IJ(,lOOiUqid,e~tll"d &rkw~v .. ,11111~~"' r~ AA!)~J,Q,. 1,r.Ur.l,NC.~1,2~4lo,.f/\H0.}7,U689S www ,n~-oodac,,., 1)t1 ORDINANCE NO SERIES OF 2009 BY AlITHORITY COUNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY ACQUIRED THROUGH THE HOUSING REHABILITATION PROGRAM LOCATED AT 20() EAST BELLEWOOD DRIVE IN THE CITY OF ENGLEWOOD, COWRADO. WHEREAS, Ille City Cowicil of the City ;,f Englewood ae<:cplcd assignmcnl from tho Englewood Housing i'.mhority of all rights, assets and liabilities moc:ia1cd with the Housing Rehabilitation Loan Prov,,m by the passage of Ord~ No. 23, Series 1999; and WHEREAS, Erglewood Ci1y Council authorized an.ending Title, 4, Chaplet 3, with the addition of a new Sc,c1ion I 3 enti tl ed "Housing Rehai,;:,: • .,o,. Fund" by the passage of Ordinance No. 26, Series 1999; and WHEREAS. the Englewood Housing Rehabilitation Program Nas created in 197610 preserve the existing housing stock in Englewood and 10 address 01e problems of low-income families with the financing of major household repairs; and • WHEREAS, the Rehab Program approves home improvement loans that are secured by deeds of • trust recorded on the property representing generally second or third mongages: and WHEREAS. the homeowner defaulted on her loans and the fit1.t mongagc holder initiated forec losure; and WI IEREAS. 1he Eng lewood Rehab Loan Commillcc W11S consulted at thetr September, 2008 mccung and they recommended filing the b11cnlion 10 Redtcm Nnticc with the public Trustee's Office; and WHEREAS, th is propeny went to publoc snlc on February 4, 2009, and the propeny was redCCl!l<d by 1he City of Englewood-Hoo<i ng Rehabilitation Fund; and WIIEREAS, the City redccmcd the propcny on February 18, 2009 and rcc,;vcd a Public Trustee's Confirmation need was issued 10 the City of Englewood Housing Rdi.,tiilitation Fund; and WHEREAS, staff will ask penn,~ion of the Coon to rent the propcny until the pending lawsuil is set1lcd; and WIIEREAS, after se11lcrnent of the lawsuit the propeny will be so ld 10 a pnvatc owner- 0<:<:upicd pany who 1w secured his own financing and any rematr.ing funds will be returned to the Housing Rehabilitation Fund: and WHEREAS, if an offer to purchase is received front any City employee, their family members, or any business m which a City employee has a financ,nl interest , the offer will be submmcd to the Englewood City Cowicil for approvnl : NOW, THEREFORE, BE IT ORDAINED BY TI-IE CITY COUNCIL OF 11-IE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : ~-The City Council of the City of Englewood hereby authorizes the redemption, interim rental and subsequent sale of• Housing Rehabilitation Property acquired through lhe foreclosure process located at 290 East Bellewood Drive. ~-The Mayor and the City Clerk arc authoriu,d to execute the rental agrccmcnt for the propeny located at 290 East Bellewood Orivc, Englewood, Colorado pursuant 10 Section 71 of the Englewood Home Rule Charter. ~-Th~ Mayor a.~d the City Cl erk arc authorized to execute the proper form of deed for the conveyance of the prope,ty located at 290 East Bellewood Drive, Englewood, Colorado pursuant to Section 71 of the Englewood Home Rule Chaner. Introduced, read in full, and passed on first reading on the 23rd day of March, 2009. Published as a Bill for an Ordinance in the City's official newspaper on the 27th of March, 2009. Published as a Bill for an Ordinance on the City's official website beginning on the 25th day of March, 2009 for thirty (30) days. James K. Woodward, Mayor ATTEST: Loucrisbia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorodo, hereby ccnify that the above and foregoing ts a lnle copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 23rd day of March, 2009 . Loucrishia A. Ellis • • • • COUNCIL COMMUN ICATION Date: Agenda Item: Subject: March 23, 2009 11 c I A Resolution Transferring $8:10,000 from the Genera l Fund's Long Term A;s,•t Reserve to the Englewood Mclella,, Re$ervo,r Foundat ion Initiated By: St aff Source: Department of Finance and Administrative Services Frank Gryglewlcz, Director COUNCIL GOAL AND PREVIOUS COUNOL ACTION City Council began discussing the creation of the Long Term Asset Reserve (LTAR) at the Budget Retre~t held September 22, 2007. City Council created the LTAR by approving Resolution 90, Series of 2007. Council transferred $1,986,000 Into the LTAR by approving Resolution 91, Series of 2007. Council passed Resolutlr,n 34, Series of 2008 transferrin g $499,142.59 from the RTD sale to the LTAR. Council transferred $1,500,000 from the General Fund's unreserved/undr,signated fund ba lance by passing Resolution 39, Serles of 2008 on February 2, 2008. These ac tions place d $3,485, 142.50 in the l TAR. City Council approved a resolution transferring S 165,000 from the LTAR 10 the Public Improvement Fund for street i:nprovements o., March 2, 2009; this action reduced the balance to S3,070, 142.50. This action wrll reduce the balance to S2,270, • 42.50, but staff beheves S600,000 of the funds will be repaid to the L,-AR by year-end. This subject was discussed W1th City Council at the March 2, 2009 study session; City Council requested staff place this action ln the form of a resolution on 1he March 23 agenda. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution IMn,ferrin~ $800,000 from the Long Term Asset Reserve (LTAR) to the Englewood Mclellan Reserv,, , ""da••on (EMRF) 10 complete site preparalion and fund operarions until the property Is I· 1':ces revenues 10 support the EMRF and City services. BACKGROUND, ANALYSI S, AND ALTE RNATIVES IDENTIFIED City Council discussed and determined that funds from the sale, lease, or earnings from long.term assets should be used ind c.1ref1JI, Judicious and strategic rr~ .. ner; for tl11s reJson, these funds will be reserved In an account known as the Long Term Asset Reserve (L TAR). The funds restricted in this account can on ly be expen ded I{ the fund s are appropria ted in the annua l budget or by supp lementa l appropriation. The EMRF Board ,s directing all acll\ 111e~ related to the Mclellan property. including sue preparati on, marketing. lease nego ti auon, and related adminis tra tive activities. No board member is compensated for participating on the Board. The Board originally budgeted S2, 170.000 to compl1:te th, sue work but unforeseen ·soft costs• and cash Aow Issues were not realized or budgeted fo r ,,1 the lime the budget was originally formulated. The request irom EMRF 1s partially funded from the S4'19, 142.50 from the sale of Mdellan properly that was placed in the LT AR. The following illusr,tes the transfer and use of funds: GENERAL FUND SOURCE OF FUND S: Long Term Asset Reserve (LT AR) USE OF FUNDS: Transfer to the Englewood Mclellan Reservoir Foundation ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION SOURCE OF FUNDS: Transfer in fr om th e General Fund (LTA R) USE OF FUNDS: Site Preparation and Operations FINANCIAL IMPACT $600,000 $600,000 $800,000 S600,000 This action will transfer funds from the LT AR to the EMRF for land preparation expenditures, City Council controls the use of the LT AR funds, ther·ifo re, a fo rmal action, such as this supplementa l appropriation Is required to expend the funds. This a~.:on will reduce the LT AR by $600,000 to $2,270,1 42 .50. The EMRF belie,es that $600.000 of the funds will be returned to the LTAR by year's end and an additional $100,000 will be repaid to the LTAR by the end of 2011. LI ST OF ATTACHMENTS Proposed Resoluuon • • • • • • RESOLUTION NO. SERLES OF 2009 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND·s LONG 1 ERM ASSET RESERVE (LTAR) TO THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION (EMRF). WHEREAS, the City Council of lhc City of Englewood, Colorado created the Long 1 cnn Asset Reserve (LT AR) with the p: ssagc of Resolution No. 90, Series of2007; and WHEREAS, the Englewood City Council de1crmincd that funds from the sale, lease or earnings of long-term assets should be used in • careful, judicious and 5lnllegic maMer and for Ibis reason. lhcsc funds will be reserved in !he LT AR; and WHEREAS, !he funds rcstnc:ted in the Lr AR accourucaoonlybe expended if the funds arc appropriated in lhe aMual budget or by supplcmcnlal appropriation: and WHEREAS, the remaining funds from the Golf Course lease were transferred and restricted to the LT AR by the passage of Resolution No. 91, Series of 2007; and WHEREAS, Resolution No. 34. Series of2008 transferrcd $499,142 .50 to the LTAR. bringing the balance to $2,485,142.50; and WHEREAS. Resolution No. 39, Scnes of2008 transferred $1,500,000 from tht General Funds' wvcscrvcd/undesignaled fund to LTAR; and WHEREAS, Resolution No. 30, Senes of2009 transferred $165,000 from the LTAR 10 lhc Public Improvement Fund for wec:t improvements; and WHEREAS. during the 2009 Budget process the Englewood City Council agiced to fund $800.000 from LT AR funds to EMRF 10 complete site preparation and fund operations w111I the propcny is leased and produces revenues to suppon the EMRF and City services: and WHEREAS, the EMRF Bonrd cstimnics it will be able tQ repay $600,000 to the LTAR by the end of 2009; and WHEREAS, !he Englewood City i:ouncil has detcnnincd the transfer of $800,000 from lhe L TAR to the EMRF to complete site prcpanition and fund operations until the propcny is leased and produces R'\/Cllucs to suppon the EMRF and City services 1s appropnale; NOW, lllEREFORf. UE IT RESOLVED BY TIIE CITY ;::QIJNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, lllAT: ~-The Ci1y Council of the Ct1y of Englewood, Colorado authorizes lhc transfer of funds from the Long Term Asse1 Reserve (LTAR) to the Englewood Mclellan Reservoir J'oundation (CMRF) as follows: GEN ERAL FliNO SOURCE Of Fl/NOS: Long Tenn Asset Reserve USE OF FUNDS : Transf<r to the Englewood Mclellan Rescrvo,r Foundation ENG LEWOOD MCLELLAN RESERVOlR FOUNDATIO N SOURCE OF FUNDS: Transfer in from the General Fund (LT AR) USE OF RJNUS: Sile Preparation and Operations SS00.000 $800,000 $800,000 $800,000 ~ The City Manager and the Director of Finance and AdmiruSllative Servi= arc hereby authorized to make the above changes to the 2009 Budget for the City of Englewood. ADOPTED AND APPROVED this 23rd day of March, 2009. ATTEST: James K. Woodward, Mayor Loucrisbia A. Ellis. City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Lolorndo, hereby ccnify ~,e above 1s a true copy of Resolution No. __ • Series of 2009 Loucrishia A. Ellis, City Cleo: • • • • CO UNCI L co~•MUNICATI ON Date: Agenda llem: Subject: March 23, 2009 11 C ii A Resolution Approving the Neighborhood Stabilization Program Applica1lon Initiated By: Staff Source: Community De.elopnient Department ,anel Grimmet~ Housing Finance Speclalos1 COUNCIL GOAL ANO PREVIOUS CC..NCIL ACTION City Council has approved resolutions a,::10s1 annually since I 977 10 file applications for Federal funding to supporl various housing projects. A letter of Intent 10 Apply for th e Neighbo rhood Stabili zation Program was sent by staff to the Colorado Division of Housing on Octobn 30, 2008. RECOM MENDED ACTION Slaff recommends that Council approve a resolullon authorizing Slaff to apply lo 1he Colorad o Division of Housing for a portion of the Arapahoe County's allocallon of Federal Neighborhood • Stabilization Program funds. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2008, 1he Federal govemmenl passed 1he Housing and Economic Recovery Act (HERA), lhe fir" new legislation In a generahon for housing and economic deselopment HERA appropria1ed Sl.92 billion for the Neighborhood Stabilization Prog,am (NSP) to support the acquls111on, rehabilitation or dem ollllon of fo reclosed and abandoned properlies. The State ol Colorado ""II administer S37.9 million in NSP funds. These funds are separate from NSP f.Jnding nhorized by the American Recovery and Reinvestment Act signed Into law in February 2009. Additional funds may be available lhrough !he 2009 Act. The level of foreclosures in Colorado has placed an increased burden on •h e economy and affecled families. Housing agencies and progran s ,are also wained as !hey work lo 1,sisl famlliES and individuals caugh1 in this national 1raredy. Colorado Department of Loca!. lffd11s, Division of Housing (COOH) will use the NSP funds for 1he purposes lnlended-to promo1e neighborhood s1abiliza1ion In 1h ose areas experiencing high foreclosures and high rates of p1operty value depreciali on. The , 'SP Action Plan oudines the s1ra1egic role o( the State Qf C.:ilorado to achieve three ma1or goals: 1. A~sis1 In s1abillzing p:operty values in l argeted commuOllies by decreas1ng 1he raie of decline in properly v alu es in 1he nine coun ti es and IWO cl1les wilh 1he highes1 fo reclosure rates. ~-Purchase and rehab1ii1a1e abandoo~d or loreclosed housing 1n the highest impacted • areas quickly to lessen the e~tended negahve impact or foreclosed and blighted properties ,n neighborhoods. 3. Acquire abandoned or foreclosed properties to provide housing for the most severely cost bu rdened households, remaining affordable for che greatesl period of rime. The following are eligible NSP activities allowed in the State of Colorado NSP Substanllal Amendment: I. Purchase and Rehabilitate Abandoned or Foreclosed Multifamily Properties 2. Purchase and Rehab.'•tale Abanrloned or Foreclosed Single Family Properties 3. Acquisition and Demolition Jf Blighted Structures 4. Pr~ and post-purchase Homebuyer Counseling 5. Establish/Coordinate Funding Mechanisms 6. Administration The State of Colorado, managing jurisdictions and program implementers must follow program requirements defined by HUD when carrying ou1 the NSP plan. While th e NSP Is funded lhrough a ~peclal allocation, simila r lo lhe Community Developmenl Block Grant (CDBC) prog ram, some rrogram req uirements vary from existing CDBG regulations. Key NSP requirements Include: • NSP funds must be expended within 18 months of the date of receipL • A mullr-year reinvestmenl period with a term ending July 30, 2013. • Households purchasing properues must undergo a minimum of 8 hou,, of HUD-approved homeownership counseling. 100% of all funds shall be used 10 serve fammes whose income does not exceed 120% of Area Median Income (,,Ml). • 25% of all funds shal l be used 10 serve families whose ir.come does nol exceed 50% of AMI. • Rehabllitac ion Standa rds must be establlsil ed (minimum of Hous ini Quality Slandards and local codes, with green building and energy and wa ter efficiency encouraged). • Sale prices of abandoned or foreclosed homes purchased or redeveloped antJ sold to individuals as a primary residence shall be equal to or less than the cost 10 acquire ~nd redevelop che home. • Purchase prices of homes can include closing coscs. • ,.,ppraisals are required on all acquisitions using NSP funds. Foreclosed homes shall be purchased at a discount of at least 5% from the current market· app1dtsed value. The a,1>rage discounc d1J1ring the 18 month period shall be al leasl 15%. • Administrative lees up 10 2% for non-Direct and reasonable developer fees to operace lhe NSP are allowed. All ocher funds muse bt-recycled back inlo the program tmlll July 30, 2013. After that lime period, all funds muse be returned lo the Federal Treasury. Local governmenlS will be respomlble for provldl 11g or coordinaling lhe following roles and services: I) Project/parcner management; 2) Acquisition; 3) Rehabilita1ion; 4) lnspecclons; 5) Property management; 6) Realtor/lender ltalson; 7) Markecing propercies; 8) Property sales; • • • • • 9) Homebuver counseling; 10) PrO\ is1on of ancillal) services -appraisal, 11tle wo 1 k, rea l tors, contractors, etc.; and 111 ,\dmln istration, complla11ce, monitoring ,rnd ,~porting. The State of Colorad o has allocated to Arapahoe County a total of $1 ,12 9,379 lor NSP activities. Arapahoe County ha\ requested that the State of Colorado administer th eir alloca~on. The City of EnS,ewood must submit an application to COOH In o rder to receive any portion of the Arapahoe County NSP alloca tion. The City's application will be for approximatel1 $1 million to be used to initially acquire lour (4) single-family vacant foreclosed properties that are sea tie red throughout the City of Englewood in el igible census tracts. The project wi ll use the expertise of a local realtor, if needed, to acquire each property at a minimum 5% to 15% d.iscount of the current appraised value. Each property will be rehabbed to the extent necessary to achieve compliance with local laws and codes including energy efficiency work items. The properties will then be sold as owner/occupied units to families that are at o, below 120% of the AM I with priority given to families al o, below SO% AMI who are partidpatlng in local family self-sufficiency programs. It is hoped that at least one ho,ne will be sold to a family in this income range to assist with meeting the 25% NSP requirement Partnerships with loca l banks will be used to leverage the acquisition and/or rehabilitation costs of the properties. This leve raging will recycle the funds faste r in o rder max imize the overall impact of the project on the community. Tiiese leveraged loans will be financed through the Hous ing Rehabilitation Fund, Fund 46, an d will be repaid 10 the banks at the time of sale to the qualified buyers. The overall goal ?f the project is to acquire, rehab and sell a minimum of 12 to 15 properties over a four-year period . All projects are subject lo additional review by the , ..,oahoe Couniy Commissioners, CDOH administrators, and the Colorado Sta le Housing Boaw. The funding level may change based on those reviews. FINANCIAL IMPACT Existing Community 0evelopmenl staff has the required expertise to ar quire foreclosed properties. provide rehabilitation, and sell the properties 10 eltglble buyers. The Housing Rehabilitation Fund. Fund 46, will be used to finance the project Estimaled rehab costs may be approximately SJ0,000 per house. Rehab funding Is available through lhe existing City of Englewood Housing Rehabilitation Fund line of credi t with U.S. Bank. All other expenses will be covered by the NSP grant. All proceeds from the sa le of properties will be reimbursed 10 Fund 46 until the program expires July JO, 2013. UST Of ATTACHMENTS Resolution • • • RESOLUTION NO. SERIES OF 2009 RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH THE COLORADO DIVISION OF HOUSING FOR A PORTION OF THE ARAPAHOE COUNTY'S ALLOCATION OF FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM FUNDS. WHEREAS, the Englewood City <.:ouncil has approved resolu1ions almost annually since 1977 authorizing applications ror rcdcral funding 10 support various housing projects ; and WHEREAS, a Lener of ln1en1 to Apply for the Neighborhood SU1biliZ11ion Program (NSP) was sent by the City 10 the Colorado Division of Housing oa October 30, 2008; and WHEREAS, the level of foreclosures in Colorado has placed an increased burden on the economy and affected families; and WHEREAS, the Colorado Depnrtmcm or Local Affairs, Divis ion or Housing (CDOH\ will use lhe NSP funds for the purposes imcndcd -to promote neighborhood stabilization in those areas c,cpcriencing high foreclosures nnd high rates of property value depreciation; nnd WHEREAS, local govemmenls will be responsible for providing or coordinating the following roles and services: I) Projcct/panner management; 2) Acquisition; 3) Rehabilitation; 4) Inspections; S) Propeny management; 6) Reahor/lcnder liaison; 7) Markeiing properties; 8) Property sales; 9) Homebuyer counseling; I 0) Provision of ancillary scnicc:s -appraisal. lit le work. reallors, contractors, etc.; and 11) Admmistra1ion. compliance, morutoringand reporting; and WHEREAS, the City's application will be used 10 initially acquire 4 single-family YDCanl foreclosed properties lhal arc scauered 1hroughou1 the Ci1y of Englewood in eligible census tracts; and WHEREAS. each property will be rcho.bbed to the extent necessary 10 achieve compliance with local laws and codes including energy efficiency work i1ems and then sold ns owner/occupied units to families 1h01 are nt or below 120% of the AMI: and WHEREAS. to compc1e in the l~cighborhood Stabilization Proboram local govcmmcms must submit an application; and WHEREAS, the Ci1y of Englewood has rocc1vcd a no1icc of fund avai1-biluy; and WHEREAS, the Ci1y of Englewood, Colorado, desires to apply for these funds throu&h 1he Colorado Deparuncn1 of Local Affairs. Div1S1on of Housing (COOi I) for lhese NSP funds . NOW, THEREFORE, BE IT RESOLVED BY TIIECITY COUNCILOFTIIECITY OF ENGLEWOOD, COLORADO. THAT: ~ The City of Englewood, Colorado, is hereby authori7.ed to file nn upplicolion for Neighborhood Stabilization Program (NSP) funds to promote neighborhood stabili1111ion in the Ci1y . W2nl, The Mayor and Cily Clcn: arc authorized to sign and aucst all necessary forms. documents, assurances and ceni!ications for the Neighborhood Stabili7.ation Program (NSP) application for and on behalf of the City Counc~ and the City of Englewood. ADOPTED AND APPROVED !his 23" day of March, ~009. ATTEST: James K. Woodwud, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2009. Loucrishia A. Ellis, City Clerk • • • • • • COUNC IL COMMUNICATION Date: Agcnd,, Item: Subjecl: March :!3, ~009 11 cill A Motion Appointing a Hearing Officer Initialed 8)~ I Staff Sou rce: Human Resources Department Sue Eaton. Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTlON Staff 1<>eommends the Ensfewood City Council appoin t, by motion, a hearing office r for a disciplinary appeal filed by Police Olflcer Jason Pearson. BACl<GROUND, ANALYSIS, AN D ALT£R NA11VES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Policy No. 24, wh en a request for a hea ring befo re a Hearing Officer in connection with a disciplinary appeal Is filed with the City Oeii., the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST OF ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers • • ~ll J ll200f NOH l4 1:tt tAX 303 Ul l0lf lrunc Co l i n Je~ell Lc we LAWOlil1Ct.S BRUNO, CO LIN, J EWELL & LOWE, P.C. MARJ.A A. DROCK ,.,.,,,., DATE: TO: FAX NO.: FROM: RE: DOCUMENT SENT: SUIT£ 10,, ONE OYIC ctNl'EH Pl.Al'-< 15'1 BROADWAY DF.HYF.11, ~DO IOIOI-SIO nJ.Bl'IIONF, ()OJ) IJl,10,, FAX: (lll)Ul•l011 FACS IMJLE TRANSMJTIAL SHEET March 16, 2009 PAGES1 (including this Loucrishia A. Ellis, City Clerk City Clerk's Office, Englewood, CO. 303-783-6896 Marla A. Brock, Paralegal for Brian R. Reynolds Appeal & Request for Hearing on Review of Disciplinary Action Officer Jason Pearson Our File No 13273 (;!J OOI/OOt '\ ~!J Attached is Officer Pearson's APPEAL AND REQUEST FOR HEAR ING ON REVLEW OF DISCIPLrNARY ACTION, togclher with lhis firm's NOTI CE OF R&PRESENTATJON. Please advise 1fyou require lhc original cflhcsc documents follow by mail. Tiiunk you. Marla Pftast no1/fy MARLA A BROCK 011000 a, pa,1fbl, al (JOJ) IJJ./0991[ u11y 11·an,,11is,ion prubl111tt '/1,unA yo• NOTE: rt,, p,,gu camp,v,,,, th/J /ocsl111U, trona,/ulon con1ain cor{ldUllial lnfannaJion from BP.UNO, COLIN, JEWELL& WWE, P C 1"/J ln/ormaJ/on /J lntmdtdJOl,Jy/orudythc 1ndrndwa!crcolil)',_td.,L',ufCll'l•nl hu,nf If yo• arc not th, lnt,,.J,d rrnplcnt hereof. be ll'WOl'f fhat any dfld.,..,.,. copying. dis(r/1,,nfo,, or 111• of the con11nr, of thr, tran1•rlwan II prohlbll,d, ff you ha1< rocclwd this tranrm/1.1/00 lo mar. pl••" •Ol/fr 111 b)I t,/cp/,oor immediately so wo ,nay a,·ro"go lo rclrlavci lhlt lransmlss/011 at no cort lo you. OJ /:r./:!009 KOH l-4: 3D r AX 303 ll 1 1 1 088 urun o Coli.n J ewell Lo w~ BEFORE THE HEARJNG OFFICER , CITY OF E GLEWOOll , TA TE OF COLORADO APPEAL AND REQUEST FOR HEARING ON REVIEW OF DISCIPLINARY ACTION IN RE THE MATTER OF: OFFICER JASON PEARSON MEMBE R OF THE CLASS IFIE D SERVICE OF THE ENGLEWOOD POLICE DEPARTMENT, DEPA RTMENT OF SAFETY SERVICES, CITY OF ENGLEWOOI), Appe ll ant. • Appellant Jason Pearson , a member of the Classified Service of the Police Department of the City of Englewood, by his attorneys, BRUNO, COLIN, JEWELL & LOWE, P.C., by Brian R. Reynolds, pursuant to City of Englewood Adm inistrative Policy No . 24, Discipli nary Appeals, rcspectl'ully appeals and requests a review by a Heaiing Office r, as appointed by the City Council, of a Notice of Suspension dated March 2, 2009, as issued by Police ChiefTom Vandcrmee, and by virtue of which the Appellant was suspended from duty without pay for a pe ri od of four (4) days or forty (40) hours in connection with his emp loyment positi on as an officer with the Classified • Service, and AS GROUNDS THEREFOR WO UL D SHOW : I . Appell an t is a full-time , permanent, classified employee of the City ofEnglewood and a membe r of the Classified Service of the Englewood Po lice Depart ment. 2. Respondent ChicfTom Vandermce is lhe duly appointed, aulhorized, and empowered Chief of the Englewood Po lice Department and ap pointing aulhority and was acting in such capaci ty in the issu ance on March 2, 2009, of a Notice of Suspension received by Appellant on that dale by way of personal serv ice . 3. Respondent Gary Sears is the duly ap pointed , autl1orized and empowe red City Manager of the City of Engl ewood ond is lhe designated Resp ondent with the burden of proof in connect ion with the within mailer pursuant to City of Englew ood Administrative Policy No . 24. 4. Pursuant to the above Notice of Suspension, the Appellant was charged \\~th violation of specific sectio ns ofLl1e Police Operations Manual and th e City 's Adm inis trat ive Policy Manua l, as follows : Poli ce Operations Manual -Policy 2.1. I Use of Force; Po lice Operations Manual -Policy 3.1.4 Code of Conduct Detailed, Severity Category "A''-Viol ati on, Use of Force ; • • • • Police Operau~ns Manu31 • Pohcy 2.1 7 ◄ ConoU<:ted Energy Weapons Ci t:• Administrauve l'olicy Manual · Policy #25(8) City Administrative Policy Manual• Policy H2S(E) City Administrative Policy Manual • Policy #25(1.,) A true and colTCCI copy of such Notice of Suspension is attached hereto and designated as Appellant's Exhibit A. l?)O Ol OU 5. On or about March 2, 2009, a pre-disciplinary hearing was held before Respondent ChiefVandermee in connection with the subject allegations and the investigation of the undctlying incidcnL 6. following this pre-disciplinary heating Respondent ChicfVandennee issued a Notice of Suspension which was personally served on Appellant and by virtue of which he was suspended from duty without pay for a period of four (4) days or forty (40) hours in connection with his employment position as an officer with the Classified Service of the Englewood Police Department. 7. The above designated Notice of Suspension is not supported by a preponderance of theevidenceand is unlawful anci eonstotutes an arbitrary and capricious abuse of discretion on behalf of the Respondent Chief of Police and/or Respondent City Manager. In this regard, the foll owing is offered as grounds for the within appeal : a. The suspension imposed on the Appellant was unfounjcd and unsupported in those faclS clietted as the result of the mternal investigation lllld in the prc-faciplinary hearing in connection with the within matter In this regard, the facts of the within mailer, together with the rntt,gating circumstances related to the subject incident, demonstrate that none of the offenses specified arc present. As such, there cxislS no just orreasonable cause for disciplinary oction against lhc i\ppcllanl, and the within suspension is in violation of City of Englewood Administrative Policies concerning administration cf d1sciphnc. b. The suspension imposed on the Appellant conslitules a penalty dtsproportionale to the seriousness of the offense alleged and/or lite circwnstances related lo the situation and is inappropriate, improper and excessive so as lo be punitive rather than corrective in nature as such, is violative of the City's policy of corrective discipline and/or remedial training in lieu of discipline . c. The suspension imposed oo the Appellant is disproportionate tn comparison 10 violation of other members of the Englewood Police Department under similarcircums1ances and as such, denies to the Appellant his rights of equal protection under the law and/or substantive due p,~ess in violaUon oftheConslilutions of the United Stales and ofColorado,and further represents 2 Oll16/20Cll} HON 1': )0 fA>L 303 nt lOU Bruno Colin Jewoll Lowe ~00 •100 , a violation of any provisio11 and/or policy of the City of Englewood and/or 1hc Englewood Police Departmcnl regarding equal and fai r trcalmcnt of thei r employees . d. The suspern;ion imposed 011 1he Appe ll an1 101ally fails lo co nsider and evaluate \he prior service of the Appellant as a member of the Classified Service of lhe Englewood Police Department, his past record of conduct and lack of alleged serious and/or "A" category misconduct a11d/01· diseipl;ne taken against him. e, The suspension imposed on the Appellant is violative of generally accepted standards of proper police administration and was imposed upon the Appellant for purposes olher than administrative control of the Englewood Departmcnl of Safety Services , f. At · ::mes pertinent hereto the Appellant's actions were in conformance wilh his training, lawful, justified, and done in good faith in performance of his duties as an Englewood Police Officer and further, in compliance with the rules, procedures and policies of 01e City of Englewood and/or the Englewood Police Department as based on the facts then known to him . g. City Administrative Policy Manual -Policy #25(1.) is unconstitutionally vague and over-broad and/or ambiguous such that Re1pondents failed to provide adequate notice to Appellant of prohibited conduct and, therefore , the disc ;>Ii nary action imposed against him on the • basis of alleged violation of such policy denied hun di.It process of law and the subject order of • suspension should be vacated and/or dismissed. 8, By reason of the above and foregoing, the Appellant herein respectfully requests that pursuant to and in accordance with Englewood Administrative Policy No . 24 a fair and imp arti al hearing officer be appointed by the City Council and that he be afforded a rev icw de novo and full ev ide•1tiary hearing in connection with the subject Notice of Suspension . Appellant further requests that the ,. -~•·ing officer find that none of the offenses specified by the Notice of Suspension are present;that the subject disciplinary suspension was taken withouljustand reasonable cause and that the conduct of Appellant was not detrimental to the City; that the Notice of Suspension be revoked and the discipline be vacated; and that the he be awarded back pay, seniority, and all oilier benefits of his employment position and such additional different relief as the hea ri ng officer may deem proper. Appellant waives the requirement for hearing within thir1y (30) days of notification of the hca, ing officer's appointment pll!suant to Englewood Administrative Policy No . 24 (Hearing Procedures) and, as such, agrees to ~nd requests that hear ing be scheduled beyond that period in consideratio n of the availability of th e heari ng officer and the parties . 3 • • • • 0l/!6/200t HOJl Ia.r 30 tAX ltll 11,1 lHI bruno Coliti Je:1w1el1 Love Dated this 16" da)' of March, 2009. Respectfully submitted, BRUNO, COptJ~JEWELL & LOWE, P.C. ~<")', By: ~0\ ) Brian R. Reynolds, #29493 1560 Broadway, Suite I 099 Denver, CO 80202-5143 Telephone : (303) 831-1099 brreynolds@hcj)oc com Allorneysfor Appellant CERTI FICATE OF SERV ICE li!)00~/001 I hereby certify that a true and correct copy of lhe foregoing APPEAL AND REQUEST FOR HEARING ON REVIEW OF DI SCIPLINARY ACTION was delivered by placing lhc same in the US Mails, postage prepaid, on the 16" day of March, 2009, addressed to the fol lowing: Gary Sears City Manager City ofEnglewood I 000 Englewood Parkway Englewood, CO 80 I I 0 Tom Vandermec Chief of Politi', Cuy of Englewood I 000 Englewood Parkway Englewood, CO 80110 Daniel L. Brot2man City Attorney City ofEnglewood IOOO Englewood Parkway Englewood, CO 80110-2304 Martin Semple, Esq. 1320 Lincoln Street Suite 1308 Denver, CO 80203 MEMOF>A"-OUM TO FROM DATE SUBJECT Officer Jason Pe.arson Pollet Clsol Tom Vanclcrmee Maicn2,20:l!I Not,ee ol Suspe,,siOn On .latlJary 11 2009, you conladed lhret ;u,,,,,,.e. who were nd,ng 1hw ~ "'o drainage atea DI.long U.. c:a>lad. I'll_,.., a .smal ..-.iun, cl -,,ana Ind a n>a0JU3na p,pe "' one ol lhe )llvetllel dGel<decl pd<el. When you l"hd IO another olflCCI to arres1 lhe """"""'· lhe )INl!nllt began to run and Iha! olfocer gavt chase As 1ht foot ct,asa drew near IO your locallCll. ycu deployed yos ll>Ser and fm ft al lhe ,u,ellH, nanOWly rr.sstng t.l'I and the ~ olTocer The all""°"led use or the lase, wos nol necessruy, Given lhe facl lhal the suspect was 12 years old. 4'1" and weighed 100 POU>OS, and lhal you knewh1S name, dale ofbl11h, on~ address, you had se•eral othei Ol)lions ava,able. Addrllonaly, your cooduct wis contrary to lramtng Iha\ you recet"8d regardm~ lhe use of lhe l aser. The decision IQ UH the laser wa1 IMPl)lopria1e and r.onst1tu1es lhe follow,ng V10lallon1 a( Oepar1menl and Ctty Pol,e,es . Pot,ce Operations M1nuat • Polley 2. 1. 1 0/1,cers are pem1'1ed lo vJt "'1af..., force ts reasooable and MCO..aty to p,otoa themui.os or othar1 flOm ooa,r,, hllnn tn no ins/sna, s/181 pal,co "1-• ol ltws r/Opattn,enl us, lor~ OlhlH 11111n that t>e<flsa,y to fa*fi.lr and proporly neu/11tze an urewtu1 ••saull. o, e.11a1>"5n OIIMt otr,cer, shal nOI u,e ,...,..,,.,,,,, force or --.. malcNlg.,, .,,.,, OI In cie .. ,g Wllh. p,,,one, Of 8/l)' ptlfSM Po»ll/fs oncl SU/J/ll!CIS s/1111 oe &eaJ8d., t llJlf and humane,,,.,,_ Pohce Ope,ahons. Mlln\litl • Policy 31.4 ("A/'• Violauon) Olfte&f$ will use no moro (o,ce thlln ,1ecessa,y ,n the pet1ormance or thcu dull'1l 1md wdl then do so only In accordarrce w,fh Oepattmcllf p,ocedures Dile/ //lfl law Police Oporot ,ons Manu•f • Polley 2.1.7.4 CEWs w,/1 no/ be used H, wlren atfeniptcd, ,, may possibly res11/I 111 nn l1ju,y to tile suspect or olficu1 Cily of Englewood Admlnlst,aUve Policy Manual -Policy #25 B • 01$/tgll/d IOI, or -Ion o/, City o,cl,nanccs. C.ly policles and r"91J1111011s, n:ludlng salely l\lles E • v-ol any 11asonat,1e "' olfoal our,,. refusal lo carry DUI 1aw1,-an 1 •easonabfe dwedtcrls gr.en by aprope, -· o, olhel acts ol ffll.OOI' ..,.,.,, (inctrdwlg, bul nol lmled to lefusa/ IO do aU9J8d -~ l • Any conducl. oo Of o/1 OIAy, w11ch reflecis 11nlavo,abty on lh• C,I)' as on onlP'O)'« • • • EXHIBIT A Olll6/l00f HOii 141 31 PU 303 ~·u IUl Bruno Coli.n Jewell Lowe YOU< assessmenl of this silualoon demonslraled very poor JUdgmenl and a propens"y lo V1eW afl pe,sons and lhev actions as a lllreat even wilhoul JUSlticalJOn or provocalJOn This beha\110< 1s a conllnUabon ol preYIOUS issues wi,ere )'OU have reeellled coonsehng, a leller of corrective ael,on, suspension from dlJly wllhoul pay, and written direcbOn from supeMSOrs and members of Command Stall In lhal lhlS vrolat,on ol lhe Code a Conducl Is a Class "A" calegory it is my decrs,on lhal you be suspended from duty, wilhoul pay, IOf a period of lour (4) days or lorly (40) hom. Thfs suspens,on shall be served al the disaebon of fhe Police Operahons Commander and based on the needs of the organizalion . Furthermore, as you setVe lhis suspension you wm nol be allowed lo engage in any police re,aled "oil-duly' employmenl Your righls as an employee to appeal lt.s decision may be found in the City Admtnlrlrallve Polley Manual, Poncy #24. a copy of which 1s allached lo lh,s nolice of suspension. ~ Dale ' I have received and read a copy of lh1s notice of suspension , ~<»"~7-og¼ asonPearson 1210,,,,., Ol/UIZOOt HON z i;r J: FU lt3 •Jt IOU l runo Cohn J ew,::11 Low BEFOltE THE HEARING OFFI CER , CITY Of' ENGLEWOOD, STATE OF COLORADO NOTICE OF REPRESENTATION IN RE THE MATTER OF: OFFICE R JASON PEARSON MEMBER OF THE CLASSIFIED SERV ICE OF THE ENG LEWOOD POLICE DEPARTMENT, DEPARTMENT OF SAFETY SERV ICES, CITY OF ENGLEWOOD , AppelltnL The law firm ofBRUNO, COLIN, JEWELL & LOW!!, P.C., by Brian R. Reynolds, hereby gives notice of enUy of its appearance for and on behalf of the Appell -mt, Officer Jason Pearso n, in connection with the within appeal of disciplinary action. Dated this 16'" day of March, 2009. Respectfully submillcd, BRUNO, COLIN, JEWEI.L & LOWE, P.C. By:~§~ Brian R.~ywlds,112949) 1560 Broadway, Suite 1099 Denver, CO 80202-51 43 Telephone: (303) 831-1099 hneynnlds@bc:jlpc oomAllorneys for Appellant • • • IZ!OOI/Oot CE lntFICA TE OF SER VICE I hereby certify 1ha1 a true and co,1cct copy of the foregoing NOTI CE OF REPRF,S ENTAT ION was dchvercd by placing the same in the US Mails, pos1oge prepaid, on tl1e 16'' day of March, 2009, addressed 10 1he following: Gory Scars City Manager City of Englewood I 000 Englewood Parkway Englewood, CO S0!I0 Tom Vandcrmce Chief of Police City of Engl ewood I 000 Englewood Parkway Englewood, CO 801 10 Daniel L. Brotzman City Attorney City of Englewood l000 Englewood Parkway Englewood, CO 80110-2304 Martin Semple, Esq. 1320 Lincoln Strccl Sui te 1308 Denver, CO 80203 ~&! I '• • • RESUMt OF RONALD J. COHEN 2325 West 72nd Ave~ue Denver, Colorado 80221 303-427-7584 Qualificati ons: Juris Doct o r Degree University of Denve r June, 1968 Admitted by Colorado Supreme Court Oc t ober, 196,8 Admitted by United States District Court October, 1968 Adm itted by Onited States Court of Appeals Ma r ch, 1971 Admitted by Onited States Supr eme Court March, 1972 General Legal Experience: Sta!! Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein, Gehler Attorneys at Law Commerce City, CO -1970-1972 Partner Gehler, Cohen Attorneys at Law Corrmerce City, CO -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, CO -1982 to presen~ Muni cipal and Governmental Leqal Experience: Assistant County Attorney Adall\5 County, CO -1970-1972 Assistant Cit y Attorney and Prosecuting Attorney Commerce City, CO -1970-1982 Prosecuting Attorney Northglenn, co -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, CO 1975-1990 Per•onnel Bea.ring Otticer: Northglenn, CO Blackhawk, CO Paxker, co Elizabeth, co Littleton, CO Englewood, CO JUdioiaJ. Ellperience : Presiding Judge Northglenn, CO -1982 to present Presiding Judge Federal Heights, CO -1982-1990 Presiding Judge Commerce City, CO -1987 to 2002 Presiding Judge Lochbuie, CO -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County , CO -1988 to 1994 • • • • • • NAME: AMERJCAN ARBITRAT ION ASSOC IATION RE SUr.l E FO RM Centr111one 8ustness Pan(, 8010 Soutl'I County Roael s. Suite 206 • W1nd1or. CO S.0528-9004 • Teiephooe (970) 530-2121 • Fae&im<le (9701530-2 122 • John P. DiFalco CURRENT EMPLOYER/TITLE : Self-employed -Arbitrator/Mediator Di Falco Corporation• President OCCUPATION: Attorney, Arbitrator EXPERIENCE: Over 35 years of experience as a civil trial lawyer specializi ng in government, administrative , and busine ss contract law including signfican t experience in the practice of arbitration, mediation , and other forms of alternative dispute resolution. As a municipal attorney, participated in the construction management of major projects inlcuding performing ans center; senior center; recreation facilities; airpon improvements; and wastewater. transponation, and waterways. Familiar with disputes relating to differing site conditions; d esign defects; change orders; surety bonds; and municipal, state, and federal contract law. Possesses considerable government experience, including negotiations with federal and state government agencies in connection with the construction of public buildi ngs. wastewater and water treatment facilities, transit systems. and airports. Adjunct Professor Law at Regis Universi ty in Denver, Colorado. Arbitrator si nce 1980. As panelist for the American Arbitrati on Association and the Federal Mediation and Conci liation Service, has engaged in the practice of labor, co mmercial , and construction arbitration. mediation, and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating ca.~es involving arbitrability. contract interpretation, delays. design defects. product liability, remedies, and many other issues. ISSUES: Arbitrabili1y, benefits, cotnrnct interpre1a1ion. discharge, discipline, discrimination, external law. grievance procedure, job assignments, job classification, pay, seniority, subcontracting out, tenure issues (higher education), timeliness. I DUSTRIES: Enterta.inment, government (federal, stale and local ), grocery, higher education, meat packing. mining, oil and gas, pos1al, professional sport s. public ulilities, retail , schools, steel , telephone, lmnsponation . WOR K HISTORY: President. Di~alco Corporation, 1980-present; Owner, John P. Difalco & Associates. P.C.. • l 987-2003: City Attorney. City of Greeley. CO. 1980-1987: Chie f Negotiator/Labor Relations Attorney, City/County of Denver, 1977-1980. Hearing Examiner. U.S. Postal Service. 1972-1977: Anorncy & labor Relations Specialist, U.S. Postal Service, 1972-1977, Attorney, Real Estatr and Procurement: General Counsel, U.S. Postal Service. EDUCATION : Ohio State University (BA-1965; JD-I 968); University of Northern Colorado (MA-1986). PROFESS IONAL ASSOC IAT IONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee, and Office Management Committee); Industrial Relations Research Associat.ion; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. PROFESSIONAL LICENSES: Ad.mined to the Bar: Ohio. 1968; Colorado, 1972; District of Columbia, 1987; U.S. District Court. District of Colorad o; U.S. Court of Appeals: Tenth and Federal (1986) Circuits; U.S. Supreme Coun (1972). PUBLI CATIONS AND SPEAKI NG ENGAGEMENTS: "The New Ethics Regulations -Confusing and Likely to Be Changed", POSTMASTERS ADVOCATE, March 1991 ; "Sex ual Harassment Revisited ", POSTMASTERS ADVOCATE, May/June 1989; "Supreme Coun Permits Office Searches of Public Employees", POSTMASTERS ADVOCATE , December 1987; "Twenty Rules for Effective Meaningful Bargaining", POSTMASTERS ADVOCATE. August 1987; "Children as Negotiators: Is Thei rs an Acquired or Inherited Trait?", POSTMASTERS ADVOCATE, June 1987; ''The Law and Policy on Sexual Harassment", NATIONAL LEAGUE OF CITLES, 1984; "Collective Bargaining", NEW ENGLAND MlJNICIPALIT!ES, 1982; reprinted. NIMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIATION OF CITIES. 1983; "Negotiution Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Municipal Strike Planning", COLORADO MUNICIPALITI ES, 1980; SUPERVISOR'S GUIDE TO DISCIPLINE, 1979, revised 1985: ·'Management Negotiators: A New Breed'', NATION'S CITIES, May 1978: ''Rights of Cri minals While In carcerated'', OHi O STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND GRJEV ANCE HANDLING, 1973, revised 1986. ALTERNATIVE DISPUTE RESOLUT ION TRAINING: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II , Phoenix, AZ; Advanced Arbitrator Training, Phoenix, AZ. LOCALE: Fort Collins, CO/Denver, CO/Lo"eland, CO • • • • • BENNEIT S.AISENBERG RESUME Law Offices of Bennett S Aisenbe1g, PC , Denver, Colo1ado, 1980 -p1escnt Pannei, Gor.;uch, Kiigis, Campbell, Wa!Jm and Grover, Denver, Colortdo, 1958 -1980 B.A, Economies, Brown Univetsity, 1952 LLB , HaIVard Law School, 1955 US Almy, 1955-1957 Marquis Who's Who in Amc1ica P1esident, Brown University Club of Colorado, 1967 -1970 President, Harvard Law School Association of Colo1ado, 1984 -1985 Denver, Colo1ado, Massai:husetts, and American Bar Associations Colotado Bai Foundation Ameliean Trial Lawyers Association Colorado foal Lawye,s Association, Boatd Membe,, 1977 -1984; President, 1984 - 1985; Life Time Achievement Award, 1996 tcctw·c,, Colorado Trial Lawyers Associati on, 1973 -pie.sent Trial Lawye,s fo1 Public Justice, State Chaiipc1son (Col01ado) Founding Membei , Public Justice Foundation International Society ofBauiste,s Ccnification as a Civil T 1ial Advocate, National Bomd of Trial Advocacy, 1984 -1994 Judicial Nominating Commission (Dcnvet) -Gubeinatorial Appointment, 1988 • 1994 Denver Bar Association • Piesident 1991 • 1992; Jrustec. 1982 • 1985. 1987 -1990; Representative to Boan! of Governors of Colorado Bar Association, 1978 • 1980; Chairperson, Entertainment Commincc, 1975 -1977; Chairperson, l ask Fo,cc to Assess Legal System, 198S -1986; A ward of Merit, 2003 Colorado Dar Association -President, 1998 -1999; Chairperson, lnte1p1ofe.;sional Committee, 1978 -1980; Chairpet son, Alternative Disputes Resolution Comm.ittcc on E.mploymcnt, 1979 -I 980; Ethics Committee, 1986 -present; Amicus Cwiae Comminec, 1991 • 1994 lnslruc101, loru, Univer$ityofDenYCt, School of Law, 1961 -1963 lnsbuctor, Real Estate Law, University of Colorado Ex!ension School, 1960 • 1963 lnsl!uctor, National Institute for I rial Advocacy, 1985 -1990 American Board ofl rial Advocates National Academy of Aibitrators; Mcmbct, Committee on Law anJ Legislation. 1986 - p,esenr; Roclcy Mountain Region Cbairpetson, 1984 • 1985 Labor Arbibator, Federal Mediation and Conciliation Service 2 • •• •