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HomeMy WebLinkAbout2007-07-02 (Regular) Meeting Agenda Packet1. 2. 3 . 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, July 2, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7 .!J?J~ Invocation.~ Pledge of Allegiance.~ ' Roll Call. di/ '7 ~ Consideration of Minutes of Previous Session . /~ 1/-tJ ,/ a. M inutes from the Regular City Council meeting of June 18, 200 7. ~ "IT '{AJ;Sfltl)).~w.E-) 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ff 7. Recognit ion of Uns cheduled Public Comment. (Please limit your presentation to five minutes. Tim e fo r uns cheduled publi c c omm~l! fl}J'iJ b~!l]JJ~i~ t 45 minutes and if limited shall be '!.I , ,AJ~ c ontinu ed to General Dis cussion.)~ ~V '4.fA 'IJ ~ Nl/f!4/IJS'IUIA-hflt-:Jtff•f~ ,u~ I) ~ .·-i:I) .JJ! UJNJ A/6 ~~ VU/SIJs. "°Fl.rr A.Ill.£ apft' c:£munications, Proclama~Appo~~~ J a, l:ihtt,)( ~5;._a. /d.H;l:-5 3 b . ~oJ9/c . 8@~· Ad~e . A Resolution appointing Michael Buchanan to the Liquor Licensing Authority. A Resolution appointing Nicole Kelley Bundgaard to Keep Englewood Beautiful. A Resolution appointing Vic Calender to the Planning and Zoning Commission . A Resolution reappointing Kate Dulaney to the Cultural Arts Commission . A Reso lution appointing Laurel Dygowski to Keep Englewood Beautiful. Englewood City Council Agenda July 2, 2007 Page 2 ~-fst}f. ~Gf!g. ~/Jg/ h. ~J~oi. ~~/j. ~~;_· ~-16!;1. Mtrlm. ~/J.~n. ~#~60. ~~i' Ri4'~q. ~11--brr. ~/J-7os. ~-1J11t. ~~1~· /24;-IJ.7.3 V. ~#'!l; Pl A Resolution appointing Jennifer Enger as an Alternate Member to the Cultural Arts Commission . A Resolution recommending Rodger Hara for reappointment to the Englewood Housing Authority. A Resolution appointing Joseph Jefferson to Keep Englewood Beautiful. A Resolution appointing Michael Keene to the Cultural Arts Commission . A Resolution appointing Danielle Kent as an Alternate Member to Keep Englewood Beautiful. A Resolution reappointing Rebecca Laughlin as a Youth Member of the Parks and Recreation Commission . A Resolution appointing Rebecca Laughlin as a Youth Member to the Public Library Board . A Resolution reappointing Julie Lonborg to the Alliance for Commerce in Englewood. A Reso l ution appointing Koren Low ri more as an Alternate Member to th e Code Enforcement Advisory Committee. A Resolution reappointing Marty Mosman to the Code Enforcement Advisory Committee. A Resolution appointing Lester Myers as an Alternate Member to the Plann ing and Zon ing Commiss ion . A Re solution reappointing Krista Niederjohn as a Youth Member of th e Park s and R ec rea ti o n Co mmi ssion. . A Resolution reappointing Nick Pane tta to the Alli ance for Commerce in Englewood. A Res olution appointing Aaron Reid to the Liquor Licensing Authority . A Resolution appointing Ronald Rutherford to the Code Enforcement Ad visory Committee. A Resolution reappointing Robyn VanDerLeest to the Liquor Licensing Authority. A Resolution reappointing Ted Vasilas to the Alliance for Commerce in Englewood. A Reso luti o n rea ppoi nting Jill Wilso n to the Code Enfor c ement Adv is ory Co mm itte e. bility and need uxiliary aids or rvices , p lease notify the City of Englewood t 48 hour in ad nee of when s rvice re needed . Th nk you . 0 Englewood City Council Agenda July 2, 2007 Page 3 ~f/')!J' A Resolution appointing Robert Zuccaro to the Code Enforcement Advisory Committee. 9. Consent Agenda Items. a. b. C. Appr~_9rdinances on First Reading. Appr~f Ordinances on Second Reading. Resolutions and Motions. 10. Public Hearing Items. (No Public Hearing Scheduled .) p- 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. r,J?-0 b. C. pt i. ii. iii. Council Bill No. 39 -Recommendation from the City Manager's and City Attorney's Offices to approve an Emergency Bill for an Ordinance adopting a competitive cable franchise application, review, and evaluation process. STAFF SOURCE: Leigh Ann Hoffhines, Communications Coordinator.~ Council Bill No. 40 -Recommendation from the Department of Finance and Administrative Services to approve a Bill for an Ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X, Part I, Section 94 of the Charter of the City of Englewood. STAFF SOURCE: Frank G~gJ!!icz, pire~~r ~?lance and Administrative Services Department. ~ b-ouncil Bill No. 42 -Recommendation from the Department of Finance and Administrative Services to approve a Bill for an Ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X, Part IV, Section 11 7 of the Charter of the City of Englewood. STAFF SOURCE : Frank G'l!~icz, Dire~o~ Finance and Administrative Services Department. ~ Ap~dinances on Second Reading. Resolutions and Motions. Recommendation from the Community Development Department to adopt a Resolution authorizing assignment of Englewood's 2007 Private Activity Bond Cal? __ , •• .:.a. 6' Allocation to the Colorado Housing and Finance Authority for home ownershJB_~ programs. STAFF SOURCE: •h• '°Nha111t, &e11ie1 Hanntc .HH.IU sn Tl Englewood City Council Agenda July 2, 2007 Page4 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment 'ff:)J ~ The following minutes were transmitted to City Council in June 2007: • Code Enforcement Advisory Committee meeting of May 16, 2007. • Keep Englewood Beautiful meeting of May 8, 2007. • Liquor Licensing Authority Telephone Polls of April 18, May 16 and June 6, 2007. • Planning and Zoning Commission meeting of May 22 and June 5, 2007. • Englewood Public Library Board meeting of May 8, 2007. • Transportation Advisory Committee meeting of May 10, 2007. • Urban Renewal Authority meeting of May 9, 2007. Pl , .. .. ·~ / PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: July 2, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT - " 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session June 18, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p .m. 2 . Invocation The invocation was given by Council Member Barrentine. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn Council Member Moore Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Eaton , Human Resources Director Kahm, Public Works Manager Stitt , Commun ity Development 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 4, 2007. Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I have one correction or clarification. There w as a motion that was made or a resolution that was made to include the $200 ,000 .00 , along with the $62,500 .00 for Oxbow. I believe, according to the Charter, that we should have had those separated out as single issues . It was put in with something that had the $200,000 .00, which is an almost 100 percent increase , in the oversight on the Sheridan Redevelopment. I don't believe it belonged with the $62 ,500 .00 that was our part of the Oxbow purchase . They are not public improvement. They are two separate deals . I asked at th at budget session ... when Gary Sears came and said that he had already approved that. .. I asked that we vote for that. I asked that we get an accounting for what had happened on the money and what we were going to be spending it on and I still have some confusion on why we had a 100 percent increase and we still don't have that project done. Nonetheless , I wanted some discuss ion to happen on it. Sinc e it's already been voted on , I still believe that we should have it separated out. Englewood City Council June 18, 2007 Page2 Mayor Wolosyn said so you are not making an amendment, you 're just commenting on it? Council Member Barrentine said a clarification on it , yes. Mayor Wolosyn said thank you . Council Member Barrentine said it should not have been included ... it made it seem as if the $200,000.00 for the Sheridan Redevelopment, the oversight on that, was part of a public improvement and part of the Oxbow project. That is why the Charter calls for them to be separated out. Mayor Wolosyn said maybe we can return to this under Council's Choice for some clarification. Mayor Wolosyn asked if there were any other comments . Council Member Woodward said yes, I have one correction . This would be on page five, the second to the last paragraph : "Council Member Woodward said I would just like to acknowledge and thank the City of Littleton, not Englewood ." Mayor Wolosyn asked if there was anything else? City Clerk Ellis requested clarification . She said Council Member Barrentine's comments would not be shown as a correction to the minutes . Is that correct? Mayor Wolosyn said yes . Council Member Barrentine said well then at least show that it as an objection that they were put through that way . It is contradictory to our Charter to allow a resolution to go back on two issues . It specifically says that on ordinances, resolutions and motions, that they have to be separated out. We are talking about public improvement and two different funds . And I think it 's inappropriate for them to be together . City Clerk Ellis said how would you suggest that I change these minutes to reflect that, these minutes from June 4, 2007? What would you want me to do to amend them? Mayor Wolosyn said that you are not asking to be amended, you're just commenting on them, right? Because we can 't amend ... the minutes are a record of what happened . Right? Council Member Barrentine said but that's part of the objection that I had at the time for this going through ... that they were put together. Mayor Woiosyn said I think that these comments should be a part of the minutes of this meeting . Council Member Barrentine said that's fine. That will be fine . Mayor Wolosyn said anything else? There was noth ing else . Vote results: Ayes : Council Members Barrentine , Mccaslin , Wolosyn , Woodward , Tomasso, Oakley Nays : None Absent: Council Member Moore Motion carried and the minutes were approved as amended by Council Member Woodward . 6. Recognition of Scheduled Public Comment There were no scheduled visitors . 7. Recognition of Unscheduled Public Comment (a) Dave Walker, an Englewood resident, said I've grown up here . I've lived here most of my life and the place is turning into a real dump. With the pawn shops and the tattoo parlors and the druggies . I've got a druggie living next to me that they can't seem to do anything with . And I think that the Police Department is just going after the wrong people ... the speeders . In another five years the place is going to be a ... I don't know . There are people coming and going all of the time . I lived over on Clarkson and Chenango for 20 years and it was a nice place, but this neighborhood over here is just. .. the place next to me is just a crash pad for drug people . I mean , it's just horrible . The older lady who lives across the alley from me , her name is Musselman , She's a sweetheart. She's really nice. And I had a spare air conditioner I was going to take it over and put it in the window for her, but she's afra id to put it in there . She 's afraid that somebody will pull it out and come in and get her. There are cigarette butts all over the ground . They know that they're being watched , so they park over on Fox and cut through her yard and go in through the back , so people don 't see them . And that's just my place, but the whole City is like that anymore . They've got to start cleaning up or it's going to be too late . You know , I've got friends with businesses along Broadway that have been in bus in ess for year . The guy with the , Englewood City Council June 18, 2007 Page 3 transmission shop or a friend of mine ... his dad had Jerry's Leather Goods . I mean, people just don 't come here anymore . Since I've moved over there, I've have friends that don't even like to go over there . This one friend of mine , she was sitting out front waiting for me one day and she said she saw hoodlums walking down the street. I said hoodlums? They live over in Cherry Hills, so she's not used to all this . I mean, the Police Department just has the wrong priorities . Instead of sitting there with the radar guns, they need to go after the crooks . All these druggies ... I mean, it's just horrible anymore . I don't know what else to say . If I say too much, I get hot. They really need to start cracking down . The Code Enforcement people ... the girl we have, I think her name is Marilyn, she's real nice and since I went to the meeting and stuff, she's really cracked down on these people . And she does a good job, but there's another house, two doors down, across the alley on Fox, the guy's got weeds waist high in his back yard . He's got an old playhouse up there on stilts. The roof's all caved in . The place is just falling apart. She ignores that, you know, and I appreciate her going after these people, but she's got blinders on . You know you can drive the whole City in a day. They've got four or five of these people . What do they do? You know, you can go around and do your stuff in a day, but what do you do the rest of the week? But they really need to start doing something or this place will be another Sheridan, real quick . Mayor Wolosyn said thank you for taking the time to come down here and share that with us . Thank you . In response to Council Member Oakley and Council Member Barrentine, the addresses Mr. Walker referred to, were repeated . (b) Lindsey Lowery, an Englewood resident, said I live across the street from the house . I have been in contact with Robert Akins many, many times over the drug activity at this house, since we had a SWAT team in there almost a year ago. We were all asked to evacuate our house that night. What an inconvenience that was , since I have to be up at the crack of dawn to go to work. These people have no consideration of anybody but themselves . I was informed one day last week , as my husband had left the house and was walking our dogs, and I was at work ... that as soon as he got out of sight , one of the people across the street , watched him , and went over and jumped my fence . They have no right to trespass on my property. I will not tolerate their garbage , their trash and they are inconsiderate of everybody . Their dog has come across the street, started dog fights with my dog , torn up my garden . I have had it. I feel like Englewood PD has let me down. feel like Robert Akins has left me hanging , because every time I call Englewood PD , they inform the people across the street that "your neighbor has called and informed us that there are drug sales going on". Yes , I have made many calls on this especially at 2 :00 and 3 :00 , and 4 :00 in the morning . It never stops . Englewood does not do their job . These people sleep most of the day . If Englewood really wanted to do something about th is, bust them at night, because this is the ir activ ity , is at night. And I have had my fill of these people . And its up to you guys to protect us . If you cannot , I am loading my double-barrel shotgun, because they have now come into my yard and caused me harm . If you guys cannot protect me, I w ill . Thank you . (c) Dan Telk, a Littleton resident, said my mom is an Englewood resident and she is elderly . I was raised in her house and went through the Englewood schools . I now live in Littleton . I have my mom staying at home rather than at a care facility . She gets around but ... like these people , I have a great concern about what 's going on in that property . I know Mr . Brotzman . I've heard his name a couple of times . I know that we 've already brought one case , if you could call it that. .. and I've brought some pictures . I've taken some today. Sorry, but I wrote a list on here. They've already been and had to appear in court for code violations and , correct me when I'm wrong here, for lack of compliance . The property is used as a salvage yard . Garrett Mitchell Maes , who I knew when he was little, he 's about 40 years old now I believe , moved down here from Yampa three years ago when his grandmother went to live with her mother. Helen Homyak is the owner. Her husband, Howard , I think died about 7 or 8 years ago . Helen couldn't take care of the property . She moved to Aurora and her beloved grandson Mitchy , kin d of moved in and brought with him lots and lots of pretty unsavory charac te rs . It goes on da ily . There are new people there , almost every week . We're now in a new spell. There's somebody new now. He 's brought his girlfriend . She lives there . They're recondi tioning a vehicle in the front yard . I can't really speak to the drug activity . I've seen somo pretty questionable th ings go on and they have no visible means of support. Generally, like these guys say, they sleep all day. I stop by my mom's house at 7 in the morning, put a newspaper through a mail slot, and then check on her at 5 at night. That's when you t rt to e some of th ctivity. But , basically the concerns go like th is : I think number one is the possible drug I s and 1nvolv m nt. Numerous , numerous mystery cars and figur that drive by at night. l'v n that a llttl bit Two, 1 th I ck of comph nc with th trash s they continu to run th alvag bu in They driv Englewood City Council June 18, 2007 Page4 around the streets, is what they do, and then they pick up all of the garbage out in the yard, in the alleys . There are roll bars from trucks . There are big steel tanks. There's furniture . It stays o ut on the yard . I call Marilyn almost every day. I e-mail her pictures every day. And I'm a little different tha n Dave . I'm really not here to gripe about the City per se, I just want you to target this activity. Three weeks ago, they stole the rocks off my mother's front yard . Rocks that she had brought from the mountains and I don't think she paid to have it landscaped . Mitch Maes came over and took all the rocks off her little landscaped front piece and took them over and put it in his yard . So , I called the police . He showed up on a Sunday afternoon and there's no complaint. I want to file a complaint. That 's trespassing ... that's theft. I probably have the business card someplace, but I never heard another word about it. The rocks did magically get put back in the yard, but it was an avenue I thought that there was something that we could pursue . You know ... theft. But I never heard ano t her word about it. Again, they run a business at the residence . There's salvage completely in the back yard . And in the front yard, there's trash , there's furniture, chairs, wheels and tires. Every once in a while they throw sales up in the yard to try to sell stuff. Lastly, right now, I think the big concern is there are four minors, I believe , that live over there , in the midst of all of this . And, again , we have numerous strangers, every week , there's somebody new living there . I don't know what it's going to take, but I'd sure like to maybe sit down with Mr. Brotzman or somebody from the Police Department and see if there is some way we can zero in on the problems . I know they're very emotional about it , but maybe we can come up with a plan of action. I'd be glad to leave my name and number with somebody. And I have some pictures for you here . Mayor Wolosyn said at this point of the meeting we don't have a discussion, but I can assure you, that if you stay around for a few minutes, in this short meeting, this will be taken up again under Council's Choice at the end of the meeting . Council Member Woodward requested the address of the subject property. Mr. Telk complied . Di rector Olson said I've talk to these folks outside and they are very concerned about it, and this address sounds like one that we have been focus ing on for some time . So , I will try to find out the history of our activities there because , obviously, it will be short term and we'll see what's going on . I mean , we've done this with other properties in the past , where it 's almost getting to the point of being a nuisance and we can take a different , a totally different route on this . You can d iscuss it later if you want to and I have had some contact with them already . And I'm sure we have many of the names and addresses of all three of you in our files, but I want to do a complete study of it tomorrow and we 'll just see what is the current history, because we could have legal act ion being taken against them right now , with all of these d ifferent violations , I'm not sure where it is at th is po int. So , I can't talk about it specifically , but we 'll defin itely look at it as being in a major issue . Ma yor Wolosyn sa id Ch ri s you ca n p ut it in as a Coun cil request unde r my name , so then it can go into the pac ket. Director Olson said okay. Mr. Telk said if I could say one last thing . I had stopped by my Mom's house today and being elderly, she is temperature sensitive and I haven't put her air conditioner in the back window, because I'm afraid to . I really question the people that are next door. I mean , they come next door and steal rocks . What's next? Mayor Wolosyn said thank you for coming . (d) Bob Burt, an Englewood resident, said I would just like to support some of the comments they've said about some of the things happening in Englewood . Petty theft. A lot of activity that isn't desirable . Recently, my father -in-l aw moved into town and I put him up in a little place on South Acoma Street and within about a week, his truck disappeared . It was stolen from in the alley . Probably the same type of characters . I've been a landlord for a long time . I manage a couple of properties in Englewood and I used to tell my tenants that Engle wood had a real good police presence . Very safe place . My wife feels safe here . Doesn 't have a problem going out jogging . And I don't quite feel that way anymore . The police presence has all but dr ied up . I'm not sur where they're sp nding their t1m , but ... l'm In and around Englewood 24/7 . I work on houses . I do prop rty manag ment. I g t cited by Code Enforcement occasionally for my weeds and there again , I think their pnont1 r a httl I ck ng too . You know , I work on prop rti . I p nd money on properties . And Code ( Englewood City Council June 18, 2007 Pages Enforcement comes around and says well there's little weeds there and stuff like that and I can probably cite 10 properties in the area with entirely dead trees waiting to fall on somebody or on somebody's property or house . So, between the Code Enforcement and the police, I think we need a better presence out there and I think we need to prioritize what is being attacked first. Because Code Enforcement cannot physically cite every little issue and they shouldn't. There should be a priority list and we should start with those worst properties , those dangerous situations and work our way down . That's about all I have to say. Thank you for your time . Mayor Wolosyn said thank you. 8 . Communications, Proclamations and Appointment (a) considered. A letter from Cynthia Adams indicating her resignation from Keep Englewood Beautiful was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF CYNTHIA ADAMS FROM KEEP ENGLEWOOD BEAUTIFUL. Council Member Woodward said I think Cynthia will be missed on KEB and I wish her the best of luck in her new endeavor out of town . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin, Wolosyn, Woodward, Tomasso, Oakley None Council Member Moore (b) considered . A letter from Barbara Fout indicating her resignation from the Liquor Licensing Authority was COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF BARBARA FOUT FROM THE LIQUOR LICENSING AUTHORITY. Council Member Barrentine sa id I worked with her on the Liquor Board for over 8 years . She was on there prior to that. She 's prov ided quite a bit of service to the City of Englewood and was very knowledgeable on the liquo r licensing issues and the history of Englewood and she will be dearly m issed . Vote results : Ayes : Nays : Absent: Motion carried . 9 . Consent Agenda Council Members Barrentine, Mccaslin, Wolosyn, Woodward, Tomasso, Oakley None Council Member Moore (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . COUN CIL M EMB E R TOMASSO MOVE D , AND IT WAS SECO ND ED, TO APPROV E C ONSENT AG ENDA ITE M S 9 (b) (I), (II) an d 9 (c) (I). (b) Approval of Ordinances on Second Read ing Englewood City Council June 18, 2007 Page 6 (i) ORDINANCE NO . 37, SERIES OF 2007 (COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AMENDING TITLE 16 , CHAPTER 6 , SECTION 13, SUBSECTION E (17), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE SOUTH BROADWAY DISTRICT IDENTIFICATION BANNERS . (ii) ORDINANCE NO . 38, SERIES OF 2007 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. (c) Resolutions and Motions (i) RESOLUTION NO . 50, SERIES OF 2007 A RESOLUTION AUTHORIZING THE EXEMPTION OF THE HABITAT FOR HUMANITY OF METRO-DENVER (HFHMD) FROM BUILDING PERMIT FEES ASSOCIATED WITH THE DEVELOPMENT OF EIGHT PAIRED SINGLE FAMILY HOMES LOCATED AT 2079 WEST VASSAR AVENUE, NOW KNOWN AS 2025, 2049 , 2065 AND 2079 WEST VASSAR AVENUE AND 2074, 2078 , 2082, AND 2086 WEST HILLSIDE AVENUE. Vote results: Ayes : Nays : Absent: Motion carried . 10. Public Hearing Items Council Members Barrentine , Mccasl in , Wolosyn, Woodward , Tomasso , Oakley None Council Member Moore No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution approving the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the years 2008 and 2009 . She said there are no significant changes to the contract over the last two year contract. All wages will continue to be based upon employee performance, as indicated by their performance evaluation score . And it is a two year contract for 2008 and 2009 . Council Member Woodward said I have a question . On the very last sentence on the second page ... the EEA wages associated w ith the General Fund are 51 percent of the total EEA wages , so the financ ial impact , Englewood City Council June 18, 2007 Page 7 organizationally, is approximately twice the amount listed above . Is that because it's two years or what? I'm not clear on why it's twice the amount. Director Eaton said half of the EEA employees are General Fund employees and the other half are paid by the Enterprise Fund . So , if you wanted to talk about the organizational impact per year, it would be twice the amount that I've got listed for the General Fund . Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 51, SERIES OF 2007. RESOLUTION NO . 51 , SERIES OF 2007 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2009. Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine, Mccaslin, Wolosyn , Woodward , Tomasso, Oakley None Council Member Moore (ii) Director Kahm presented a recommendation from the Department of Public Works to approve, by motion, the purchase of one bucket loader, from the lowest acceptable bidder, MacDonald Equipment , in the amount of $68,788 .00 . He said I thought it was important that I come this evening and talk to you a little bit about what a bucket loader is , because it's not clear when you read the Communication. For many, many years ... in fact, since 1998 , we 've had a Chevy truck that had a front loader on it. And a bucket loader is simply a loader that's attached to the front of a dump truck and that allows .. .for instance when patching streets and they're cutting asphalt, that stuff is very heavy and it allows you to put that material in that bucket and one person can then operate that. It takes it over the top of the cab and dumps it into the bed of the truck . Years ago, those came as a single unit. There were people who manufactured them . In the last few years , it's necessary to buy a truck and then buy the loader from a different vendor ... separately ... and then mount it on the re . We purchased the tru ck back in April. We tied it into a bid on another dump truck and bought both of th ose at the same time . The only th ing tha t's re a lly unusual about th is one , is that when we went out to the market to get th e loader, yo u'll notice that we're awardin g to the second low b idder. T he lower b idder onl y , their product only works on a cab over chassis, which is a truck with the front end squared out and the cab actually sits out over the engine , versus a standard dump truck . So , the one at McDonald is the only one that actually would work on our truck . This is a replacement of a veh icle , like I said, that has been in service since '98 . And th is one should also remain in service for the next 9 or 10 years . COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) - THE PURCHASE OF ONE BUCKET LOADER FROM MACDONALD EQUIPMENT, IN THE AMOUNT OF $68 ,788 .00 . Mayor Wolosyn asked if there was any discussion . There was none . Vo te results : Ayes : Nays : Absen t: Motion c m d . Council Members Barrentine , Mccaslin , Wolosyn , Woodward , Tomasso, Oakley None Council Membe r Moore Englewood City Council June 18, 2007 Page 8 12. General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to comment on something that was send under Consent Agenda, which is the waiving of the permit fees for the Habitat for Humanity of Denver to develop 8 units in Englewood . Speaking of Habitat. .. they are known for building good, strong housing for people who are interested in moving into the neighborhood and owning their property and I think it's wonderful that this is the second time that we participated and I'm glad that we continue to do that. (ii) Mayor Wolosyn said I think I'm going to leave the comments on this to everyone else, but I do want to thank Chris for jumping on it. I think it's important on the issue on Galapago Street. I really do thank all of you for coming down and telling us ... you know, we all have comments to ourselves that we make when we drive around town and it really helps when someone from the community comes in and let's us know what its like at that level, on the street. I appreciate it. (b) Council Members' Choice (i) Council Member Barrentine said I had brought up earlier about the discrepancy with the Charter about the way Resolution No . 49 was passed . The Charter calls for only one issue to be in there . I believe that the request for the supplemental appropriation, for the $200,000.00 for the golf course oversight expenditure , should be separated out. Mayor Wolosyn asked if she had anything else . Council Member Barrentine said I want something from Dan . think we're in violation for wha t we d id here. One , at the budget meeting, the City Manager had told us that he had already approved funds . I objected at that time and said that it needed to come to a vote . It was put in with issues that were already on second reading . It was put into the Oxbow property purchase project, wh ich had been discussed , and brought to Council previously . I don't believe that it was appropriate to put that there and I don 't believe that we had an appropriate amount of information . At minimum , it should have at least been separated out on the appropriation . Dan? City Attorney Brotzman said as a matte r of la w under the Charter , what was happen ing was a transfer , an internal transfer from one fund to another. Th ose are both the same th ing . As a matter of policy , if you want those separated, you can ask for that. Council Member Barrentine said the Open Space Fund was something that Coun cil had approved of already and was a set fund . The $4 .1 million, approximately, that we got from the golf course long term lease has not been decided by Council and has not been discussed as to where it would go and what it would be spent on , so that money had not been appropriated yet. City Attorney Brotzman said, again, the engineering fees that were in that resolution are part of the Public Works budgeted and appropriated consulting fees , so both of those are addressed in separate places . The same evening the open space funds on the Oxbow Project were passed unanimously by Council. In an earlier meeting, regarding consulting fees, regarding the Sheridan project, also discussed were the environmental consulting fees . Substantively, those were two separate items, and you're absolutely right, we would never put environmental consulting fees overall as a topic combining it with the Oxbow Project. However, that's not what that resolution was doing . What the resolution we're referring to , and it's referred to on page 5 of the minutes, Frank explained the two internal transfers from one fund to another. It was simply a bookkeeping issue for the Finance Department. That's why those two items were combined . That's why it's not a Charter violation . Again , if you would like those separated as a policy matter ... Council Member Barrentine said but I just want to ask you . It's not just an accounting function where he's asking where to take th is from . We are upping by almost 100 percent the amount of money being given for oversight, environmental oversight, on a project whe re conversation happened at the budget retreat. .. that we're not even sure that we should b paying for this . There re other 1s u a to wheth r that should b coming from th develop r , wheth r th t hould be included as p rt of that proJ ct nd not n c nly coming out of that. W may have approv d for mon y to hav b en p nt pr v ,ou ly , th, t w g,v n by th d v lop r p c,f,c lly for u to u for th t nd pprov th t Th, w Englewood City Council June 18, 2007 Page 9 totally separate money that was coming out of there for that appropriation . The function of the accounting department is to make sure that any supplemental appropr iations that we do, that we can afford , that we have money to pay for those. The fund that we are taking it out of has not been determined by Council yet on what we would do with that money. So, we don 't know whether that fund has the money or not. That's not General Fund money. Nor did I get from ... the only function of accounting for doing a supplemental appropriation is to make sure that we have money. Last time I heard, we don 't have excess money. City Attorney Brotzman said it would be transferring from the PIF fund to the General Fund ... $200 ,000 .00 . Council Member Barrentine said correct. City Attorney Brotzman said that is what that resolution does . Mayor Wolosyn said, excuse me , that resolution doesn't spend money right , or does ii? City Attorney Brotzman said correct, it does not spend money. it transfers the money. The spending of the money comes under the Public Works budget. It's not a Charter violation . Again, if you want that separated out as a matter of policy, so you can have this discussion , that's appropriate as a Council member to have that conversation, but it is not a Charter violation . Council Member Barrentine said okay , so the $200,000 .00 ... doubling the amount of the oversight on this ... being taken out of the money that was given for the long term lease on the golf course , is okay to be put in there with open space fund of the $62 ,500 .00? City Attorney Brotzman said those two items being comb ined is appropriate . Council Member Barrentine said okay, thank you . Council Member Woodward said they were lined separately on the actual document. Council Member Barrentine said however, the Charter specifically , and I have a legitimate concern , the Charter specifically says that only one issue can be brought up at a time . The purchase money being appropriated or moved or reassigned or realigned or put into a different budget for open space , is a different subject than money being appropriated , moved, addressed for a development project where we 're doing overs ight on the ecological impact oversight , when the developer already has oversight going on and we are doubling up the money. They a re two d ifferent items . They are two different activ itie s and I be li eve that they fit in ther e and it was a leg itimate question to bring forwa rd a nd it's been cl eared up . T han k you. (ii) Council Member Mccaslin said I'd like to thank Dan Telk and Dave Walker and the young lady here that came up and spoke . I know that they came to a Code Enforcement meeting on this issue months ago and it was addressed, as far helping clean up, but I think this activity is real. And living next to something like this is very frustrating . Robert, I have the same concerns . I live on South Sherman, so I'm in that same area and I have some properties around my house that I'd like to see something done about too . But I hear your frustration and I hope everyone else does because, you know, our goals and objectives for the City is to provide a safe and clean City. And that's what we're talking about right now. Also, our survey came back saying that is one of the most important things we need to do ... is to clean up Englewood, make it attractive . You know, declining enrollment. Let's bring the people back here . My wife 's concerned about the enrollment in schools . She's a principal here in school. She wants to stay here in Englewood . We want to stay in Englewood, but it's really frustrating, especially when you live next to somebody like this , when you see this activity go on day after day, you just want to throw your hands up . That's not the way to do it. What you guys are doing is exactly right. You come and you voice your concerns and you create a follow-up . I want to be a part of that Council request. I want to make sure this place is cleaned up and if there is drug activity, I want to get rid of them . Send them somewhere else. I feel your frustration , because I feel some of the same frustrat ion nd I hope you guys stay involved w ith me , because I'm go ing to see th is stuff through , with you too , because I'm JU t fru trat d . Thank yo u . Englewood City Council June 18, 2007 Page 10 (iii) Council Member Oakley said I'd like to address the Galapago property too . In the past, I had dealings with Mr. and Mrs . Homyak . At the time, he was very ill , but I was in their house several times . They had drainage issues between the houses and in fact, we did install a special catch basin in that alley to try to solve some of their problems . And, I don 't know exactly how to say this . I understand that these are their grandchildren that are up there ... that are living there now. Mr . and Mrs . Homyak were kind of hard people to deal with . They look at things a little different. That maybe what's going on there now with the next generation . I don't choose to say any more about that than that. However, when people like this come before us and ask us for our help , we have to give them some help . And if this is treated as a special project, whatever it takes, I want to see these people get some help . (iv) Council Member Tomasso said I constantly hear about these code issues and the code issues not being addressed . So I think we need to get some feedback from the Code Advisory Board as to what they feel the procedure is , or what 's being missed, or what's not being missed . Council Member Barrentine said I could give you one problem that came up at that meeting was that it was in the court process as well. And I think as far as the advisory council, we didn't have any code officers there that night , but there was some frustration about the length of time that it had been going on . Bob , correct me if I'm wrong , it was a year and a half, that it had been in the court system and there was some feeling of helplessness and you know, that they've done their job . They've gone ahead and forwarded this on and that it's in that process . I don't know . We can address this with the officers, as to what they feel they can do after that, but ... Council Member Tomasso said that the question is that every day it is a violation, it's a new violation every day . It's not the old violation . Once you have it served , it's like the mural down there . Everyday that the mural is up there it is a continual v iolation and they can be cited again . Correct Dan? City Attorney Brotzman said correct. Council Member Tomasso said so maybe ... Council Member Barrentine said they wanted more information from Atencio and the court and how that was working too . Council Member Tomasso sa id well maybe it's just citing them everyday. Council Member Barrent ine said I don 't know. I'd have to ask Judge Atenc io why ... l don 't know why it was taki ng them that long . Council Member Tomasso said in that case, each day, right? Each time they were cited ... it's like a parking violation. Every time you get cited for parking there more than 2 hours, you know, 6 hours, 7 hours, they give you a new ticket. Mayor Wolosyn said Chris decided that he was going to look into some way of dealing with it, right? Director Olson said I totally understand their frustration . And in the past, we've approached this problem from a task force perspective . That's gone a little bit by the wayside as personnel changed. We lost contact with certain agencies, and so on . But hearing what they are saying today, I am going to really look at our folks reinstituting what we call the housing task force . It wasn't for trying to figure out how we get new houses and so forth in, it was more how to get old housing out. It was a similar situation to this . And I think the last time we approached it ... remember we talked about vacant homes and abandoned and so forth, and we were very shocked at the numbers , that we presented to you . They were In the hundreds, If I believe right. They were problem properties . And we will try and do everything we can to address this . What it is, is a combined effort and I'm going to have these folks here, I've got their names and their numbers, and when we get Into this, they can definitely be part of the process If they so desire to do that. We'll make every attempt to go after this prop rty and we will establish the task force that we've had In the past , which is mostly made up of City rnploy . But I r m mber w literally walked around from house to house . We II went out in front of a hou . tood out th r , look d t it and th n w nt back and d !erm ined how we could ddr ss th I ue. And 1f I Englewood City Council June 18, 2007 Page 11 we have to go the nuisance route, we'll go the nuisance route. If we can get in touch with these owners, and they actually work with us, that helps. A lot of times they refuse to do anything with you and let it go. And then you have to get more and more severe on what happens . But we have to stay within the law, there 's no doubt about that. There is a Constitution and even though people do a lot of things you don 't like ... in many ways, they have rights to do certain things . But I'm going to make a special effort on this one especially, and let them know that and all of you ... but we have to go beyond this even more and address the ones that continually keep popping up, that we all know about, that we just can't seem to get resolved . And that is a promise that I'll make to you and we'll continue to try and do that. .. our best effort . Council Member Barrentine said could I ask you a question on that then? Director Olson said yes. Ms . Barrentine said why is that code issue on some of these things that we keep hearing about? Why is that staying as a code issue when she's made a complaint that they've trespassed? That's not a code issue, that's a criminal event. Director Olson said that's a police issue too. Sure . Council Member Barrentine said if there 's truly drug activity going on , that's not a code issue . I realize that that's a problem too, but there are also police issues here and I'm a little confused . Director Olson said because that's when I mentioned the task force , and I know that they've mentioned Rob Akins, who's our undercover officer with the South Metro Drug Task Force . So, if they've already targeted that as a property to be concerned with, then we'll work on that as well . But when I say task force, it involves all the appropriate departments within the City, working on the specific problem and it's been relatively effective in the past, so I apologize that we haven't carried that on forward , but it's something to reinstitute and keep going forward with and I will get that going . (v) Council Member Woodward : 1. He said I certainly appreciate you coming tonight and talking about this property. And I think, a couple of things to address ... what Mr. Burt said ... my being a liaison for the Code Enforcement Advisory Committee, one of the things that each code officer is doing is identifying within their areas the top 10 violators . And I think that will help ... once those top 10 are really identified from each area, with some of the things that Chris is talking about with regards to nuisance. I know we are going to have coming before us , a discussion on decriminalization , which would , in my opinion, be helpful. I think the case that Laurett had mentioned earlier was actually 157 days , at that po int , and I think it started getting resolved in court within the next few days and it wa s finally taken care of, but I certainly apprec iate you com in g here and apprec iate you r comments . It makes a difference . That's how we find these things out a lot of times . 2. He said a question, maybe for Rick, and maybe just a quick answer. Where are we on the roof repairs at the Servicenter and that contract that we were looking at last week and was pulled? Director Kahm said that contract w ill back before you on July 2nd . Council Member Woodward said okay, great. 3. He said I just wanted to mention Sounds of Summer , this coming Thursday ... it starts on the 21 11 ... Nacho Men, oldies, rhythm and blues and dance, and Thursday, June 28 th, Fat City Mardi Gras, Bourbon Street Blues and Dixieland . • •••• Council Member Oakley said that I w ill be out of town for about the next 8 to 10 days, but I have my cell phone and I'll be onllne all of the time, just in case anybody needs to get a hold of me . ••••• Mayor Wolosyn id I hav one more thing . I just wanted to say that I was happy to ee that all of the properties own d by th Housing R hab fund h ve b n sold . It's lw y a n ce th ng to Englewood City Council June 18, 2007 Page 12 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report (a) City Attorney Brotzman said I will be attending CML next week . Mayor Wolosyn said there will be no Council Study Session next week, as some Council members will be at the Colorado Municipal League Conference. 15. Adjournment OSYN MOVED TO ADJOURN . The meeting adjourned at 8 :16 p.m . RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING MICHAEL BUCHANAN TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Liquor Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, Michael Buchanan has applied for appointment to the Englewood Liquor Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint Michael Buchanan to the Englewood Liquor Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Michael Buchanan is hereby appointed to the Englewood Liquor Licensing Authority. Michael Buchanan 's term will be effective immediately with his term to expire July 1, 2010 . ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn , 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 2007 . Loucrishia A. Ellis, City Clerk 8a RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING NICOLE KELLEY BUNDGAARD TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to envirorunental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Nicole Kelley Bundgaard has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Nicole Kelley Bundgaard is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Nicole Kelley Bundgaard term will be effective immediately and will expire February 1, 2008 . ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucri shi a A. E lli s, City C lerk 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 2007. Loucrishia A. Ellis, City Clerk 8b RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING VIC CALONDER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan , the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Vic Calonder has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, Vic Calonder was previously named as an alternate to the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint Vic Calonder to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Vic Calonder is hereby appointed to the Englewood Planning and Zoning Commission. Vic Calonder's term will be effective immediately and shall expire February l , 2008 . ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, 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 2007 . Loucrishia A. Ellis, City Clerk Be RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING KATE DULANEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Kate Dulaney has served as a member of the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Kate Dulaney to the Englewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kate Dulaney is hereby reappointed to the Englewood Cultural Arts Commission. Kate Dulaney's term will be effective immediately and will expire July 1, 2010. ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis , C ity Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A . Ellis, City Clerk 8d -~------------- RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING LAUREL DYGOWSKI TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Laurel Dygowski has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Laurel Dygowski is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Laurel Dygowski's term will be effective immediately and will expire February 1, 2008. ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga W olosyn, 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 2007 . Loucrishia A. Ellis, City Clerk Be -~--------~- RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING JENNIFER ENGER AS AN AL TERNA TE MEMBER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Jennifer Enger has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Jennifer Enger as an alternate member to the Englewood Cultural Arts Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Commission she will be serving on so that she can maintain an understanding of the current issues and rules ; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Jennifer Enger as an alternate member of the Englewood Cultural Arts Commission. ADOPTED AND APPROVED this 2nd day of July, 2007. ATIEST: Olga Wolosyn, 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 2007. Loucrishia A . Ellis, City Clerk Bf (. RESOLUTION NO . SERIES OF 2007 A RESOLUTION RECOMMENDING RODGER HARA FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Housing Authority has a commitment to provide housing to low and moderate income families within the City of Englewood; and WHEREAS, Rodger Hara has served as a member of the Englewood Housing Authority; and WHEREAS, Rodger Hara has applied for reappointment to the Englewood Housing Authority for another term; and WHEREAS, the Mayor desires to reappoint Rodger Hara to the Englewood Housing Authority for a tenn expiring July 1, 2012; and WHEREAS, the Englewood City Council supports the Mayor's appointment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil, OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Rodger Hara is hereby reappointed to the Housing Authority for the City of Englewood, Colorado. Rodger Hara 's term will be effective immediately and will expire July 1, 2012 . ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, 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 2007. Loucrishia A. Ellis, City Clerk 8g RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING JOSEPH JEFFERSON TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Joseph Jefferson has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Joseph Jefferson is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Joseph Jefferson's term will be effective immediately and will expire February 1, 2008. ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga W olosyn, 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 2007 . Loucrishia A. Ellis, City Clerk 8h RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING MICHAEL KEENE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Engl e wood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 1996 ; and WHEREAS , there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS, Michael Keene has applied to serve as a member of the Englewood Cultural Arts Commission; and WHEREAS , Michael Keene was previously named as an alternate to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Michael Keene to the Englewood Cultural Arts Commission; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Michael K eene is hereby appointed to the Englewood Cultural Arts C ommission. Michael Keene 's term will be effective immediately and shall expire July l , 2010 . ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga W olosyn, 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 2007 . Loucrishia A. Ellis, City Clerk Bi RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING DANIELLE KENT AS AN ALTERNATE MEMBER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, Danielle Kent has graciously offered to serve on the City of Englewood's boards and commissions and currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Danielle Kent as alternate member to Keep Englewood Beautiful Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Commission she will be serving on so that she can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Danielle Kent as an alternate member of Keep Englewood Beautiful Commis sion. ADOPTE D AND APPROVED this 2nd day o f July, 2 007 . AITEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk l , Loucrishia A. Elli , City Clerk for the City of Englewood, Colorado, hereby certify the above i a true copy of Resolution No. __ , Series of 2007. Loucri hia A. Ellis, City Clerk ' Bj • ! ' : I : ! I RESOLUTION NO . SERIES OF 2007 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , Rebecca Laughlin is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Rebecca Laughlin 's current term expires July 1, 2007 ; and WHEREAS, Rebecca Laughlin has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to reappoint Rebecca Laughlin to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Rebecca Laughlin is hereby reappointed as a youth member to the Parks and Recreation Commission. Rebecca Laughlin's term will be effective immediately and will expire July I , 2008. ADOPTED AND APPROVED this 2nd day of July, 2007 . ATIEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , ity C lerk 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 2007. Loucrishia A. Ellis, City Clerk 8k ,----· RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Rebecca Laughlin has applied for appointment to the Englewood Public Library Board; and WHEREAS, the Englewood City Council desires to appoint Rebecca Laughlin to the Englewood Public Library Board; and WHEREAS, Rebecca Laughlin meets the requirements set forth by City Council for appointment as youth member to the Public Library Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORABO, THAT: Section 1. Rebecca Laughlin is hereby appointed as a youth member to Englewood Public Library Board. Rebecca Laughlin 's term will be effective immediately and will expire July 1, 2008 . ADOPTED AND APPROVED this 2nd day of July, 2007. AITEST: Olga Wolosyn, 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 2007. Loucrishia A. Ellis, City Cleric 81 I II, I I I I ' ! 1 ' i : ! I ' : I I : ' ,. 1, I i RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING JULIE LONBORG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Julie Lonborg is a current member of Alliance For Commerce In Englewood; and WHEREAS, Julie Lonborg's term expired July 1, 2007 ; and WHEREAS, Julie Lonborg has applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Julie Lonborg is hereby reappointed to Alliance For Commerce In Englewood . Julie Lonborg 's term will be effective immediately and will expire July 1, 2010. ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Elli s, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of R esolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 8m ' I ' ! : i • I I I I I I I I I RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING KOREN LOWRIMORE AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMIITE FOR THE CITY OF ENGLEWOOD . WHEREAS, the Englewood Code Enforcement Adviaory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Adviaory omminee is an advisory committee focused on the activities and services of code enforcement and reaulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and to the City Manager or designee for improvement relatina to the Neiahborhood Services in the City; and WHEREAS, Koren Lowrimore bu arac:ioualy offered to serve on the City of Englewood's boards and commissions and currently there arc no vacanci on the boards and commissions; and WHEREAS, the Enalewood City Council desires to appoint Koren Lowrimore as alternate member to the Code Enforcement Advi10ry Committee; and WHEREAS, City Council bu requested atafT to send this alternate member packets for the Board she will be serving on so that she can maintain an undentandina of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetinas u po ible to act a feel for the membership and issues; and WHEREAS, Council wi h to exp illl gratitude for the volunteerism and service that this individual wilhe to best w upon the City; NOW, THEREFORE, 8 IT RE LVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL RADO. nu T: Sectjon l . The nalewood ity ouncil hereby appoints Koren Lowrimore as an alternate member of the Enalewood TrlnlpOrtation Advi ry Committee. A PT D AND APPROVED this 2°d day of July, 2007. u ri s hi . Hh , 11y lerk ily lerlc for the City of Englewood, Colorado, hereby certify the above is a true _, eries of 2007 . Loucrishia A. Ellis, City Cleric Bn ,,, ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING MARTY MOSMAN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Marty Mosman has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Marty Mosman to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Marty Mosman is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Marty Mosman's term will be effective immediately with her term to expire July 1, 2009. ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A . Ellis, City Clerk I, Loucri hia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A . Ellis, City Clerk I ' I 80 • I I I i i I I I I ; I I I I I I . I ' " ... -·,..,-,,...... ...... ~~== ....... ""'--------~-:._---------~~------------------- RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING LESTER MYERS AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as , capital improvements; and WHEREAS, Lester Myers has graciously offered to serve on the City of Englewood's boards and commissions and currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Lester Myers as alternate member to the Planning and Zoning Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues ; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Lester Myers as alternate member of the Englewood Planning and Zoning Commission. ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. E ll is, 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 2007. Loucrishia A. Ellis, City Clerk 8p • I I I I I I I -~---;;;..:;;:.;;::;::;=---------~~-_:__-----------------------------,-----~ ( ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING KRISTA NIEDERJOHN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Krista Niederjohn is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Krista Niederjohn's current term expires July 1, 2007; and WHEREAS, Krista Niederjohn has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to reappoint Krista Niederjohn to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Krista Niederjohn is hereby reappointed as a youth member to the Parks and Recreation Commission. Krista Niederjohn's term will be effective immediately and will expire July 1, 2008. ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga Wolosyn, 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 2007 . 8q ' ( ( ---------------------. RESOLUTION NO . SERIES OF 2007 A RESOLUTION REAPPOINTING NICK PANETTA TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . 5, Series of2001; and WHEREAS , the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Nick Panetta is a current member of Alliance For Commerce In Englewood; and WHEREAS, Nick Panetta's term expired July 1, 2007; and WHEREAS , Nick Panetta has applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Nick Panetta is hereby reappointed to Alliance For Commerce In Englewood. Nick Panetta's term will be effective immediately and will expire July 1, 2010 . ADOPTED AND APPROVED this 2nd day of July, 2007. ATTE ST: Olga Wolosyn, 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 2007 . Loucrishia A. Ellis , City Clerk 8 r I l : ' i . i ! I ' i I 1 ! I ' I, I I t . RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING AARON REID TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Liquor Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fennented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, Aaron Reid has applied for appointment to the Englewood Liquor Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint Aaron Reid to the Englewood Liquor Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Aaron Reid is hereby appointed to the Englewood Liquor Licensing Authority. Aaron Reid's term will be effective immediately with his term to expire July 1, 2009 . ADOPTED AND APPROVED this 2rut day of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Elli s, 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 2007 . Loucrishia A . Ellis, City Clerk 8s I ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. WHEREAS , the Code Enforcement Advisory Committee established in 1997, focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS , there is a vacancy on the Englewood Code Enforcement Advisory Committee; and WHEREAS, Ronald Rutherford has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Ronald Rutherford was previously named as an alternate to the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Ronald Rutherford to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ronald Rutherford is hereby appointed to the Englewood Code Enforcement Advisory Committee. Ronald Rutherford's term will be effective immediately and shall expire July l , 2009. ADOPTED AND APPROVED this 2nd day of July, 2007. ATTEST : Olga Wolosyn, 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 2007. Loucrishia A . Ell 's , City Clerk - 8 t I i i I I I . I I I ' I I I i ' I I I i I . ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING ROBYN V ANDERLEEST TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Liquor Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, Robyn V anderleest is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, Robyn Vanderleest current term expires July l , 2007; and WHEREAS, Robyn Vanderleest has applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Robyn Vanderleest to the Englewood Liquor Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robyn V anderleest is hereby reappointed to the Englewood Liquor Licensing Authority. Robyn Vanderleest's tenn will be effective immediately and will expire July 1, 2010 . ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga Wolosyn, 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 Reso lution No . __ , Series of 2007. Loucrishia A. Ellis, City Clerk i l I 1 .... , Bu • I j I : ' ' j I I I, I -·------==-----------------'-'---=----............... ---------------=---------....... RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING TED V ASILAS TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Ted Vasilas is a current member of Alliance For Commerce In Englewood; and WHEREAS, Ted Vasilas' term expired July 1, 2007; and WHEREAS, Ted Vasilas has applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ted Vasilas is hereby reappointed to Alliance For Commerce In Englewood. Ted Vasilas' term will be effective immediately and will expire July l, 2010 . ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTEST: Olga Wolosyn, 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 2007. Loucrishia A. Ellis, City Clerk 8v ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING JILL WILSON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Jill Wilson has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Jill Wilson to another term . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jill Wilson is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Jill Wilson's term will be effective immediately with her term to expire July 1, 2009 . ADOPTED AND APPROVED this 2nd day of July, 2007 . ATTE ST: Olga Wolosyn, 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 2007 . Loucrishia A. Ellis, City Clerk 8w RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING ROBERT ZUCCARO TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997 ; and WHEREAS, Robert Zuccaro has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood C ity Council desires to appoint Robert Zuccaro to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robert Zuccaro is hereby appointed to the Englewood Code Enforcement Advisory Committee. Robert Zuccaro's term will be effective immediately and will expire July 1, 2008. ADOPTED AND APPROVED thi s 2 00 day of July, 2 007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. E ll is, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, C olorado, hereby certify the above is a true copy of Resolutio n No._, Series of 2007. Loucrishia A. Ellis, City Clerk Bx l :, I ' j ' I I I ' .. ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 2, 2007 11 a i Competitive Cable Franchise Ordinance Initiated By: Staff Source: City Manager's Office Leigh Ann Hoffhines, Communications Coord inator City Attorney's Office COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Attached is the proposed setup; please let us know if you'd like any changes made . Attached are copies of two proposed setups. Please let us know your preference along with any modifications you 'd like made. City Council discussed the proposed competitive cable franchise ordinance at the June 18, 2007 Study Session. RECOMMENDED ACTION Staff seeks Council support for a proposed Emergency Bill for an Ordinance that sets forth a revie w and evaluation process i n connection with c ompetitive cable franchise applications. The Bill has b ee n drafted as an Emerg ency Ordinance because it would be beneficial to have this process in pla c e before a recent FCC order goes into effect that imposes restrictions and time limits on the appli c ation proc ess. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Communications Commissio n has iss u ed an order th at, amo ng o th e r thin gs, c h anges the process for negotiating cable franchises in areas currently served by another cable operator. The order places much shorter time limits on negotiations and limits local franchising authorities' abilities to obtain pertinent information related to finances, technology plans, and services levels unless the provision of that information is required by state or local law. This proposed Bill for an Ordinance sets requirements and criteria in place for competitive franchise applican ts , allowing the City to gather information at the outset that will help us make a thorough and comprehensive evaluation of applicants wishing to obtain a competitive cable franchise agreement from the City of Eng lewood. The model ordinance from which this ordina nce was drafted co ntained language that allowed for a waiver of permit fees associated with the application. The fee waiver language has been removed r m thi propos d ordinance. If City Council approves the proposed ordinance, staff will bring forward for Council's consideration (at a subsequent meeting) a Resolution that sets the application fees referred to in this ordinance. FINANCIAL IMPACT No financial impact is expected as a result of this ordinance. LIST OF AITACHMENTS Proposed Emergency Bill for an Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 12, OF THE CITY OF ENGLEWOOD MUNICIPAL CODE 2000, BY ENACTING A NEW CHAPTER 6A, ENTITLED COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS AND DECLARING AN EMERGENCY. WHEREAS, On December 20, 2006, the Federal Communications Commission ("FCC") adopted a new rule, set forth in a Report and Order and Further Notice of Proposed Rulemaking that was released March 5, 2007, that among other things, provides a separate, nonexclusive process for the issuance of cable franchises for areas currently served by another cable operator (the "Competitive Franchise Application Rule" or "CF AR"); and WHEREAS , the CF AR provides that local franchising authorities may require application information from an applicant for a competitive cable franchise , in addition to the information set forth in the CF AR; and WHEREAS, the City of Englewood has determined that in order to comprehensively evaluate whether or not to grant a competitive cable franchise , it will require certain information from applicants in addition to the information required by the CF AR; and WHEREAS , to ensure compliance with the CF AR, the City of Englewood additionally seeks to codify the process for reviewing applications for competitive cable franchises , and the criteria upon which the final decision of the C ity of Englewood will be based ; and WHEREA S, the app lication requiremen ts and the processes for appli cation revi ew and determination set forth in this Ordinance are intended to comply with the new FCC rules while protecting the interests of the City of Englewood; and WHEREAS, timing is of essence because the FCC order is expected to go into effect in July, 2007, thus calling for the immediate preservation of the public property, health, peace an d safety, it is hereby dec lared that an emergency exists and that this Ord inance shall take effect upon its final passage; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 12 , of the Englewood Municipal Code 2000, by enacting a new Chapter 6A, to read a follows : -1- )/LI J l-§A; COMPETITIVE CABI,E FRANCm EVALUATION PROCESS IN CONNECTISE APPLICATION, REVIEW AND APPLICAJJQN SUBMITTED r ON WITH AN)' fRANcmsE THE conE oF FEDERAL BE 6'm!~1S~l 0 sEcTioN 76 ,4J of TIJJ,E 47 oF J 2-6A-J; INSTRUCTIONS. A . );;!. ~- An applicant for a competitive cable franchise <" A 1 · ,, . requisite infonnation set forth bel . . . Y? icant > _shall mclude the addition to any infonnation requic°Jk~ WcWg. m !ts franchise ~pplication. in local laws and the application fee set by resolu~;J~A1:Uti:~i~:W. state and The City shall accept and · 1 h · · responses to every reguire~i~:(Sect~onse apphca~io~s that includ~ co!P°lete does not include the requisite info t· 2· ~ubill!ssion ~fan apphcat10n that r . nruuon setorth m Sect10n 2 and the app ~cat~on fee shall not commence the time period ti . . aop~1~at10n set forth in 47 c.F.R. §?6.4Hd}. Th Aor_grantmg or den~mg the add1t1onal or updated · ti · e Jphcant shall subrrut · · . ~n onnation as necessary to ensure the requisite !~;o::.!~~~i~:,v1ded is complete and accurate throughout the City's review of Applications shall be made to the Office City of Englewood c I d Manager's Office . , o ora o City y~on request_, the City will promptly provide access to d . . 10 "i' possession pr CQQW>I that are necessazy for the c;>=~m:~fonnatwn ~~~:~~i ;ri~1~:aw;~ t:e Applicant does not othe~ise have access to such disclosure under Colorado c;!e~h:~~J~ f :;nents or mfonnation are subject to J l-§A-l: DEfJNJTJQNS. For the purposes of the application. th t hr . . . forth below shall have th -~eqns. P ases. and their denvahons set ::,: /!,~:,'~:f, i.~~~";!11;;~ m~J:!c:'.:::!:'J~·· d . . . ura nWJLer me ude the smgular nu b d wor s m the smgular mclude the plural number. The word "shall" ?hfr. an mandatory and not merely directory. is a ways "Affiliated Entity " or "Affiliate" means any ent't h . . . co · h h a · . 1 Y aymg ownership or control m mmo~ wn t erantee •. m whole or m part. including. without limitation, g~~~~t!o~~~ent Comoratwns and any subsidiaries or affiliates of such Parent "Applicant" me r :~s an aoo:icant fo~ a c.able franchise nursuant to the Provisions o; the Competmye Franchise Apphcat10n Rule <"CFAR"} set forth . P Jule 47 9r th~ Code ?~FS?4era1 Regulations, §76.41, and includes t~n r art 76 of Comorauon us snhs1drnnes and Principals. e arent ''Cicv·· h ---means t c City of Englewood. a Colorado Municipal Corporation . -2- 0 "9°a€c°C' is not limited to majority stock ownership. but includes actual working control in whatever manner exercised , "Interest" includes officers. directors and shareholders 9>yning five percent <5%) or more of the Applicant 's outstanding stock or any equivalent voting interest of a partnership or joint venture, "Parent Corporation" includes any entity with ownership or control of the Applicant, "PrincipaC' includes any person, firm, corporation, partnership, joint ventw;e, affiliates. or other entity, who or which owns or controls five percent or more of the voting stock <or any equivalent votjng interest of a partnership or joint ventw;el of the Applicant , "Regulatory Authority" includes any governmental or quasi-governmental organiµtion or entity with jurisdiction over all or any portion of the Applicant or its operations. 12-2A-3: REQUISITE JNFQRMAJIQN, A. Identification and Ownership Infoqnation. The appljcation shall include: 1.. The name, address, telephone number and web site Cif applicable} of the Applicant and the proposed franchisee <if different from Applicant}, and The name, address, primary telephone number and primary e-mail address of all indiyidµaUs} authorized to represent the Applicant before the Cjty during its consideration of the fi;anchise<s} requested. including the Applicant's primary contact and any additional authorized contacts. 11. Bus ines s Structure . 1... If a corporat ion. the App li cant shall pro vide; !.ru A list of all officers and members of the Board of Direct ors, th eir principal affiliations and their addresses: !l2.l A certificate of good standing indicating that the Applicant is licensed to do business in the State of Colorado: and A statement indicatin g whether the App licant is directly or indirectly co ntro ll ed by another corporation or legal entity, If so, Ap plicant shall attach an explanatory statement an d respond to subsections 1,a, and b above concernin g the controllin g corporation, -3- 11 I i I ' . J, 1 i I ' I ' I ! I I l ~. Ifa nart . ---nershtn, the . Apphcant shall; £al Describe th --__ e structur r general and 1 · · de O the part --_muted nart _nership and th . ners· and ~ mte ill ----=- :ate whether the Appli . x comoration or h cant is controlled d' :t an exnl-~egal entitv, Jf s0.':'1A '"j/n4it«UY bv l>lllilY' or 2,a above. as an °f'® and respond to~ .leant shall . P icable, concernin s}Lsecttons 1 .a. __ g the controlling Experience. l Current Franchi ses AnA . any Affiliate Jphcant sh 1 · Appliom. owns more than fi d' I hst all cabl . served. .;,:;1 mclude the W: J'f;ent of the ,:i:»"':r m which ii 0 , award, dwc f ' of subscribers, n h e system. addres or eaoh svstem 819» (start Jlll1Ct of h S, comm · · ~. and peeynt of and ma F JllDOS wsed QA ~u1es date /in4icate /enetra11on of home• of frapchjse, swvs of te of svswn atl<l, Passed a, of COJJ$l1Uction most recentl . ' Potential F · -Y IM!lablo Affi . ranchises An hate currently h • Applicant shall · fumohise th JS a fonnal O · £ hst <ommunit° • e rene I r llLormal ies wh · ownorshio Th 0¥3 ofa jranchj regµest pend. ere rt or any . · e An r ,e. onh ma fo, · · . apph<;ation d d1 leant shall i I _e approyal of ·-an mrttal • an dato of exm:cted nc ude the name of a transfer of achoo . commumties d t , <Le of Management St ructure. PP ication r, Eyerv a r management/organior a. competitive franc Aonlicant A . . zahonal chart sh . 1»se lllill includ A · ' smnlar h • owm• th e a PPhcant to II cart shjjll ils _e managern and all other :;;i,:;F"' oartners, ~ ~ded showia~i::W of the oach ontitv's relaf anes of Parent Co morat1on,, subsiif . auonshio of tho 1Pnsb1p to the Applj~oratWPs, iocludin a a banes. Affiliates ant. nef descnpt. ion of LEGAi 1 QJJAJ ,JFJCA . JJQNS. Media Cross-O . wuersh1n . l Section 613 r §533 Ca} 0 the Cable comm · . ownershl:.ntmlicable FCC ru\l:;;auons Policv Act of 19 mdirectlv own, Appbcant shall state WW'" certaia forms 0:4' 47 U,S,C , following, or wh operates, controls or h hcther 11 or an Affiliat roeshi cross- b~11nes1 onmtiactber the Ann1icant iJ: an Interest in any 0~~rectlv m a 1A1P1lv with I or onwle e any of the following ; s any company or -4 - ( A television broadcast stat~on who.se predicted Qradi!c7!2!!f!' computed in accordance wtth sec~10p 73,6~4 of the __ _ overlaps in whole or in part the c,tv s sem~e area, or an application for license to operate such a stat10n. A telecommunications or teie;12b?ne co~anx whose service area includes any portion of the C1ty s semce area. r s hsections a -c above is affinnatiye, the If the response to anx 0 1L -f h A 1 · cant or Affiliate, the nature and Agplicapt shall state the name o t e J?Phl that is owned or in percentage of ownership or Interest and t_ e company which the Interest is held. ,a. Franchise Violations. th . Affiliate has been found in violation An Applicant shall stat~ whsLer ~~~i:" authority of apy franchise ordinanfe or by a Regulatory Aµthonty or ?1 · hie system. If so, the Apphcant agreement, contract or regµIat1o~ ~W¥mg a a · · · h date, nwe of shall identify the judicial or admimstrat1ye proc~edmg, giymg 1 e tribunal and result or disposition of that proceedmg. c. Other Violations. An Ap~licant shall state whether ~iffylb;;i::f s~~ =~::~e~!!!;~~~~orv Autli9nty of apy other typ~ <e,~'t: th Applicant shall identify the jud1c1al or penrut, contract or re~Jauo~.. so, e ftribunal an4 result or administrative proceedmg,. giymg the date, name disposition of that proceedmg. J2-6A-5; fINANCJAJi opApfICATION§. d 1 oo are available to the Citv of Englewood .9u the A-='f.:=-1::U, with existing ooerations shall Df0Yide ®:''edh ---------· --:--·· . r · balance sheets an _ cas_ financial statements, mclud~ng statements O ::s~s:.e1f ~ the understanding 0 ( the flow statements, together wtth anlu: no~s Pf ears for the Applicant apd aux financial statements for the last t_ee _sea_ Y Parent Corporation. . -entities shall provide pro forrna projections for Ji. Apphcants that are new <~tr ~l hie but at a minimum the next three fiscal the next five fiscal years, 1_ay~1-A:--1 ------- years from the date of the apphcatmn. -5- 12-6A-§; s OPERATION I NNED SERVICES AND TECHNICAL QUALJFICAIJQN§, PLA - ~- I;!. Q. li. . , s planned initial and proposed cable The application shall desc_ribe t~e Ap~~i an areas propose~ to be served and · eographic area. mcludmg a ma The applicat10n shall services g ti ffering service to each area. . d cable services to the proposed datesor 0 -A 1 · ant proposes to proy1_e . 1 · additionally state whether.the JP ic sed timetable for meetmg that goa' ---:·---. area, and 1f so, a propo __ ---s;nure franchise h hlic ri&ht ofwav · · JUhority to access t_e Q\L h !~'!!, 'Zf!~nr:f of =s?:s•::~ !!:'..\°!';/!!°!i ~ Applicant shall state the bas1L~documentation of such authonty, the relevant agreements or ot e . . . . . y its planned res1dent1al sabl7 The Applicant shall de~crihe wtth ~art!:~it~~ cable pro~ng semce uers, services, including basic cab!e sem:lemaod or digital semces: and the ---d . · 1 nay-per-Vlew, on___ . and any ad 1t19na or tier or se[Ylce: . ted rates for each category . prmec . . larity its planned system technical The Al>l>Hcan\ shall describe wrth PilIDG..,k and snood, pmyjsion for anal~• f.f. ---: and downstream cap____ 1 ed count of housfLo __ desu,n. -= kam:s, diilli!mtion of fibor. P NJIL 1 !Iemonstrate that tho ::!~=~··~and an;botr =1: :i:': too sµcressfilljy offor · • t chnology wll . _e _ep __ _ Apphcant. se\ -osed locations: <able serum Ill~ PW> . . . od non-residential oab1• The Applicant shall descnbe wi · ·th partJculanty its olann_ services: " nhase ed nstruction !lQd ex&ens10n or 'b U::J:~i:"J!tc!U!l~c~:S;:!= :;!:»i~ !~h"!: ~ current staJuS of the Appl:!:. 'e!if.! coru!ui1 sharine aereements as utiljties, includmg pole attac applicable: . . ure &hit the safetv: functioni_P• and The Appljca~ '=~;~•!;:!~and safetv off'il:'eer:i~1~a:il,t!: appearar• &.!a by the iBilalli!lion or conw!/1XU MY ®Qljlae, causet1 bv the adyerse.x a___ ·ustly compensat_or _ . . . . and, that property 0WJ?ers are 1 · removal of the facibues. installation, constructton, operauoo or . . . mply with the suhscnber pn yacy . , The Appljcant shall ~escribe U~P~fs'f. ;~4 the privacy protections of the Gux s protections set forth m 47. u,s, ' ards, local cable customer service stand ( . AFFIDAVIT Qf APPLICANT. IH,l.-Z, -----I l ~~~m~~~wi~wlll.l2J~~~mww;·~4iJb~v~anwciailfffiwdakvv~1;tusu.tuh2:siJt~anW1t~i~a~11.v.L..ii1o1n'-!lthll!Ye ... o •• nn_ Each application shall be accompame set forth below: J2-§A-I; . . . · ec1 by the undersigned. who. has This apphcat1on ~s sµbrru!(e the representations within on been duly authonz1~ tot and who certifies the behalfgf the Anvcan • --- representations are true and correct, . . . h an representations are hmdmg The Applicant rec.0~1zes t at . tments are enforceable: and on it: that an apphcatIOn coJ_WW · ssions, or failure to · 1 · eoresentahons or orm____ · l f that matena ®§L · di result in a derua 0 adhere to any such rep~sentat1on ma an application by the CJty. . 1 ith all applicable local Jaws. The Apphcant shall cornp.x w ___ - . h c·t and its representatives to . h b QJ.Ven to Le _LV w---. l Cons~ 1§. ~SLYal. character. technical. 6P!3:Pcia make maurry 1?1° ~e leg f he Applicant by contactmg any and other auabfi5ati?us 9Jrned herein as references. or by persons or orgam¥U 0US any other appropnate means, Name of Apphcant s J1 . , A thorized Representative: Affiant's Signatw;e; Official Position; pate: STATE Of COLORADO coUNTYQF Subscribed and sworn to before me this • 200 I l w. l day of HAND AND OFFICIAL SEAL, WITNESS MY . I My commission exmres : NOTARY PUBLIC QPEN RECQBQ§ICQNfJDENIJAUJX. -7- Unless otherwise provided by law. infonnation submitted as part of an appljcation is open to public inspectjon and subject to the Colorado Open Records Act, It js the Applicant's responsibjlity to be familiar with the Colorado Open Records Act, An Applicant max specifically identify any information it considers proprietary, In the event that the City receives a request from another party to disclose any information which the Applicant has deemed proprietary, the City will tender to the Applicant the defense of any request to compel disclosure, By submitting information which the Applicant deems proprietary or otherwise exempt from djsclosure, the Applicant agrees to defend and hold hanpless the City from any claim for discloswe including but not limited to any expenses including out-of-pocket costs and attorneys' fees, as well as any judgment entered agajnst the City for the attorney fees of the party requesting discloswe, 12-6A-9; APPLICATION FEE. The City shall, by resolution, set an application fee sufficient to coyer the reasonable cost ofprocessing applications under this ordjnance, J2-6A-1Q; BEYJEW fRQCEss. A.. Acceptance of Application. l. l. Within five C s l business days of receipt of an application, the City shall review the application to enswe an requisite information is included jn the applicatjon . If the application is not complete. the City will notify the Applicant in writing listing the requisite information that is required to complete the application and notifying the Applicant that the time period for granting or denying the application set forth in 47 c,F,R, § Z6,4Hd} will not begin to run until such information is received. If the application is complete, the City will notify the Applicant in writing that an requ isite information has been received . -8- D Staff Review, The City staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff reasonably requires additional infonnation from the Applicant, staff wiJl promptly request the infonnation from the Applicant, in writjng, along with a notificatjon that the time period for granting or denying the application set forth in 47 C.F.R. § 76.4Hd} will be tolled until such information is received by the City. After completjng the review, staff shall provide an analysis of the application to the Cjty Council, Franchise Negotjatjons. Wjthjn the time period set forth in 47 c.F.R. § 76.41 <d}, the City shall attempt to negotiate a cable franchise agreement with the applicant, and wjthjn that time period schedule the application and any proposed franchise for public hearing as set forth in Section IQ, Public Hearing. The City shall hold a public hearing before actjng on the appljcatjon, affording participants a process substantjally egujyalent to that requjred by 47 u.s.c. §546<c}<2} governing renewal of cable franchises. Review Criteria. The City may deny an appljcatjon if, based on the information pro vided jn th e application, at the publjc hearing and/or any tenn s of a nro posed franchjse agreement: l. The Appljcant does not ha ve the financial, technical, or legal gualjficatjon s to nrovide cable seD'ice: 2.. The Applicant wjll not pro yjde adequate publjc, educatjonal, and govenunental access channel capacity, facilities, or financial support; or l. The Appljcant's proposed tenns do not comply with applicable federal, state and local laws and regulations includjng, but not limjted to, local customer service standards , or relevant existing contractua l oblj gat ions of the City , J2-6A-lJ: NON-CfAR FRANCHISE APPLJCAJIONS. -9 - Section 2. Emergency. The adoption of this ordinance is hereby detennined and declared to be an emergency due to the fact that the FCC CF AR regarding timing for consideration of competitive franchise applications, including infonnation to be provided pursuant to such applications will be effective upon approval of federal application forms by the Office of Management and Budget, expected by July, 2007, and therefore, it is necessary for the preservation of public property, health, peace and safety that the status quo will be preserved pending publication of the ordinance. This ordinance shall be in full force and effect upon its passage by the City Council. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings , or pros ecutions . Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Section 8 . Effective Date. The Ordinance shall be effective immediately after final adoption. Section 9. Repealer. All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Introduced as an emergency ordinance, read in full, and passed on first reading on the 2nd day of July, 2007 . -10- (. ( Published as an emergency Bill for an Ordinance on the 6th day of July, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of July, 2007. Loucrishia A. Ellis -11- COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 2, 2007 11 a ii A Bill for an Ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X, Part I, Section 94 of the Charter of the City of Englewood Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this issue at the Study Session held on April 2, 2007. Staff was directed to proceed with submitting this question to the voters at the November 6, 2007 Election. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance placing this issue on the November 6, 2007 ballot. If this proposal passes, it will provide flexibility and time sa v ings for Council and staff BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Article X, Part I, Section 96 of the Charter addresses various requirements for the Public Improv ement Fund (PIF ). Currently the Charter allows appropriations for the PIF not to lapse until th e project is completed or abandoned . Currently, the Charter requires all appropriations, other th an those for the Public Improvement Fund , to lapse at y ear-end. If the voters approve the propose d ballot question adding language to Se ction 94, appropriations for th e c onstru ction or mai ntenan ce of p erm anent improv ements budget ed in funds designated by City Coun ci l would no t lapse until t he purpose fo r wh ic h th e appro p ria ti o n was ma de shall have b een accompl is he d or abandoned . Currentl y, Charter Section 96 only recognizes one capital fund, the Public Improv ement Fund . Sin ce the time this language was included in the Charter, the City has added the Capital Projects Fund , Conservat ion Trust Fund , and the Open Space Fund . Each of these funds expends funds for p ermanent improvements, and if t he many permanent improvement projects are not complet ed by th e end of the fiscal year, the appropriations lapse and Council m ust take ac tion to re-app r opriate th e f unds . Essentially the question is asking that t hese funds b e treated in the same manner as the PIF. Th e provision for Council t o designate the funds provides Counci l the flexibility if another fund is ad d ed in the future. FINANCIAL IMPACT This action will not have a direct financial impact on the City of Englewood. LIST OF ATTACHMENTS Copy of Sect ion 96 of the City Charter Proposed Bill for an Ordinance , ... ( 96 HOME RULE CHARTER 98 96: Public improvement levy. The Council may levy annually a tax of not more than two mills to be assessed upon the valuation within the City at the same time as the regular annual taxes for City expenses for the benefit of a fund to be known as the "Public Improvement Fund". The fund is to be established for the purpose of paying, in whole or in part, the cost of general or special improvements of the City. The proceeds of such levy shall be kept by the City Treasurer in a special account until invested as authorized by the Council. The Coun- cil shall have power to transfer from time to time to the Public Improvement Fund any portion of the General Fund surplus not otherwise appro- priated. Appropriations for construction of perma- nent improvements, from the Public Improve- ment Fund, shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided any project shall be deemed to have been abandoned if five fi s cal years elaps e without any expenditure from the appropriation therefor. Any una ppropri- ated balance in the Public Improvement Fund may be transferred by the Council for payment of outstanding general or special bonded indebted- ness of the City. PART II . CITY TREASURER 97: Appointment and qualification. The City Tr ea surer shall be a ppointed by t h e City M anager. He sh all h ave knowled ge of munic- ipal accounting a nd taxation, and shall have had experience in budgeting and financial control. 98: Powers and duties. The City Treasurer, under jurisdiction of the City Manager, shall have charge of administra- tion of the financial affairs of the City and to that end he shall have authority and shall be required to : (a) Compile the expense estimates and capi- tal estimates for the annual budgets; (b) Disburse funds in a manner which will assure that budget appropriations are not exceed d and that payments are not ille- gally made ; '-u1 ·o 6 HT:23 (c) Ex amine and approve as correct all pur- chase contracts, orders and other docu- ments by which the City incurs financial obligations, except petty cash transac- tions and field orders of a limited amount having previously ascertained that mon~ ies have been appropriated and allotted and will be available when the obligations become due and payable; and he shall audit, before payment, all bills , invoices, payrolls and other evidences of claim demands or charges against the Ci t y; ' (d) Maintain a general accounting system for the City and each of its offices , depart- ments, and agencies; (e) Receive from the County Treasurer all funds due the City from taxes, special assessments, and other items which are collected for the City by the County Trea- surer. Collect such other taxes, special assessments, license fees and other reve- nues of the Cit y or for whos e collection t h e City is r es ponsible and receive all mon ey receivable by the City from the state or federal government or from any court , or from any office , department or agency, of the City, or any other agency, office or source which is not now in existence but which may, in the future , be created or provided for ; (f) Arrange for t h e preparation of tax m a ps and give su ch notice of t axes and s pecial assessmen ts as m ay b e r equire d ; (g) Have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City Government, and deposit or invest all funds coming into his hands as shall be designated by resolution of Council, sub - ject to the requirements of law as to surety and payment of interest on depos- its or investments . All interest shall be the property of the City and shall be accounted for and credited to the proper account; (h) Have custody of all investments and in- vested funds of the City Government, or in po e sion of such government in J111i/ BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER _____ _ A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART I, SECTION 94 "Appropriations to lapse", OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Article X, Part I, Section 94, of the Englewood Home Rule Charter addresses when appropriations lapse; and WHEREAS , all appropriations lapse at the end of the budget year; and WHEREAS, Article X, Part I, Section 96, provides that appropriations to the Public Improvement Fund, for construction of permanent improvements, shall not lapse until the project has been accomplished or abandoned; and WHEREAS , the City of Englewood has created additional funds which are also used for permanent improvements and if the many permanent improvement projects are not completed by the end of the fiscal year the appropriations lapse and Council must take action to re-appropriate the funds; and WHEREAS, the passage ofthis ordinance will amend Article X, Part I, Section 94 , of the Englewood Home Rule Charter to recognize these additional capital funds which will allow for continuing appropriations for the appropriate funds and provides Council the flexibility to add another fund if another fund is needed in the future ; and WHEREAS , the proposed changes to the current language in the Englewood Home Rule Charter are as follows : 94: Appropriations to lapse. Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund ; er te a speeial fHBe , as Cel:lfteil may eireet : except for appropriations for construction or maintenance of pennanept improvements from the Public Improvement Fund or other such funds designated by City Cowicil which shall not lapse witiJ the purpose for which the appropriation was made shall have been accomplished or abandoned as provided in Article x, Part I, Section 96 of the Englewood Home Rule Charter, NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO THAT: -1- _____ -.;; _______ _.........__ Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6, 2007, a proposed amendment to the Charter of the City of Englewood, Article X, Part I, Section 94, to read as follows : Question No. Shall the Home Rule Charter of the City of Englewood, Article X, Part I, Section 94, be amended to read as follows: ARTICLEX FINANCE ADMINISTRATION PART I. BUDGET 94: Appropriations to lapse. Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund; except for appropriations for construction or maintenance of permanent improvements from the Public Improvement Fund or other such funds designated by City Council which shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned as provided in Article X, Part I, Section 96 of the Englewood Home Rule Charter. Yes No ------ Section 2. Each registered elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State . Section 5. For purposes of Section 1-11-203.5, C.R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot que tion i set by the City Council on final reading of this Ordinance. -2- , ' ( ( Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 2nd day of July, 2007. Published as a Bill for an Ordinance on the 6th day of July, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of July, 2007. Loucrishia A. Ellis -3- - ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 2, 2007 11 a iii A Bill for an Ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X, Part IV, Section 117 of Charter of the City of Englewood Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this issue at the Study Session held April 2, 2007. Staff was directed to proceed with submitting this question to the voters at the November 6, 2007 Election. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance placing this issue on the November 6, 2007 ballot. If this proposal passes, it will prov ide flexibility and time savings for Council and staff. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Article X, Part IV, Section 11 7 of the Charter addresses property sales . Current Charter language requires the City to "advertise for bids to dispose of any surplus, junk, or articles of value no longer of use to the City." The City currently stores and attempts to sell property even when it is known that the property has no value. It could be easily disposed of and, in these cases , disposing of the it ems would expend less time and efforts than attempting to sell them . The prop ose d c hanges also all ow th e purc has ing offi ce r some fl exibility in det ermin ing th e advertising methodology that is most advantageous to the City. FINANCIAL IMPACT This ac t ion will not have a d irect financia l imp ac t on th e City of Eng lewood. LIST OF ATTACHMENTS Copy of Section 11 7 of the City Charter Proposed Bill for an Ordinance - 116 HOME RULE CHARTER 122 be invalid unless accepted by resolution which shall declare the reason for excep- tion to the competitive bidding require- ment. (Amended 3-24-1981; 11-3-1987; 11-6-2001) 117: Sales. The purchasing officer shall advertise for bids to dispose of any surplus, junk, or articles of value no longer of use to the City. If the bids are disadvantageous to the City, the purchasing of- ficer may reject any or all bids. If no bids are received for said articles, then he may dispose of them to the best advantage of the City. 118: Emergency purchases. In case of emergency affecting the public prop- erty, health, peace or safety, the Council may waive all provisions for competitive bidding and direct the purchasing officer to purchase neces- sary supplies in the open market at not more than commercial prices. ARTICLE XI. FIRE, POLICE AND HEALTH SERVICES 119: Provision for. Council shall provide , by ordinance, Fire, Po- lice and Health services for the preservation of public property, health, peace and safety, includ- ing the prevention of crime, the apprehension of crim in a ls , the protection of property a nd the rights of per sons, t he enfo rcement of the laws of the State and the ordinances of the City, and such other functions as Council and the City Manager may prescribe. ARTICLE XII. PARKS AND RECREATION 120 : Servic e s provide d . Council shall provide, by ordinance, for the planning and supervision of a community recre- ation program and for equipping and maintaining ity-owned or controlled park , recreational ar- e and faciliti s, both in and outside the corpo- rate City limits which functions shall be under upp . ·o 6 the direction of the City Manager. The City may cooperate with other public authorities, organiza- tions, or individuals in or outside the City to implement the operations of this program. ARTICLE XIII. CITY OWNED UTILITIES 121: Authority and powers. The City shall have and exercise with regard to City owned utilities , including water and water rights and the acquisition thereof, and bonded indebtedness in connection therewith, all of the authority and powers now provided by the Stat- utes of the State of Colorado, including those hereafter established by act of the General Assem- bly. In addition, the City shall have the power to exchange water rights owned by it for other water rights owned by other persons, associations, cor- porations, municipalities, or quasi-municipal bod- ies, upon such terms and conditions, and in such proportions as the City Council shall determine to be for the benefit of the inhabitants of the City. No water rights, or physical assets of the water works and distribution system or sewer plant and collection system shall be sold without a majority vote of the registered electors voting thereon at a special election held in accordance with the pro- visions and limitations of this Charter. The City shall have the power to enter into agreement with other persons, associations, corporations, munic- ipalities, or quasi-municipal bodies, for joint ac - quisition of water rights, for development of wa- t er rights or for development of sewage facilities u pon s uch terms a s m ay be a gre ed u p on. Such agreements shall be authorized by ordinance, enacted not using the emergency provision, and such ordinance shall be subject to the referendum as provi ded in Section 4 7 of this Charter. (Amended 11 -2-196 5; 11-5-199 1) 122: Adminis tration. Except as otherwise provided by ordinance, the City Manager shall have administrative charge over the collection and distribution facilities of the water and sewer systems and all physical properties in connection therewith . Such duties shall consist of: operation of the municipal water works, ewer systems, and other City owned HT:2 7 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV, SECTION 117 "Sales", OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Article X, Part IV, Section 117, of the Englewood Home Rule Charter requires the City to "advertise for bids to dispose of any surplus, junk, or articles of value no longer of use to the City."; and WHEREAS, the City currently stores and attempts to sell property even when it is known that the property has no value and could be disposed of and not waste time and efforts in a futile attempt to sell the items; and WHEREAS , the proposed amendment allows the purchasing officer some flexibility in determining the advertising methodology that is most advantageous to the City; and WHEREAS , the following depicts the changes to the current language in the Englewood Home Rule Charter are as follows: 111: Property sales. // 4,i/i The purchasing officer shall detegnine the value of surplus jtems no longer of use to the Cit y. Artjcles wj thout va lue may he djsposed of iu a manner most advantageous to the City, 88Yeftise fer eies te eispese ef aey swph:ts, jYOlc, er &Ftieles ef \r.ah1e ea Iaeger ef YSe ta the City. If the eies 8fe eisaEi,,.aetageeYs te the City, the pwehasiflg efiteer may rejeet any er all eies. Items of va lue shall be adyertjsed for sale in a manner deemed most effectjye and efficient to the ~ I if no bids are received for seie-llle..advertised articles , thee he IMY eispese ef them ta the eest ae,,•antage ef the City. the QWChasjng officer shall dispose of the artjcles io a manner most advantageous to the Cjty, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6, 2007, a proposed amendment to the Charter of the City of Englewood, Article X, Part IV, Section 117 , to read as follows : -1 - Question No . __ Shall the Home Rule Charter of the City of Englewood, Article X, Part IV, Section 117, be amended to read as follows: ARTICLEX FINANCE ADMINISTRATION PART IV. PURCHASES AND SALES 117: Property sales. The purchasing officer shall determine the value of surplus items no longer of use to the City. Articles without value may be disposed of in a manner most advantageous to the City. Items of value shall be advertised for sale in a manner deemed most effective and efficient to the City; if no bids are received for the advertised articles, the purchasing officer shall dispose of the articles in a manner most advantageous to the City. ___ Yes No --- Section 2. Each registered elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4 . Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to th e Secretary of State. Section 5. For purposes of Section 1-11-203 .5 , C.R.S ., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability hall not affect any of the remaining portions of this Ordinance . Introduced, read in full , and pa ed on first reading on the 2nd day o f Jul y, 2007 . -2- ) Published as a Bill for an Ordinance on the 6th day of July, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of July, 2007 . Loucrishia A. Ellis -3- (_ COUNCIL COMMUNICATION Date: July 2, 2007 Initiated By: Agenda Item: 11 Ci Community Development Department Subject: 2007 Private Activity Bond Cap Allocation Staff Source: Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council discussed the PAB Cap Allocation as it relates to the Metro Mayor's Housing Assistance Program and the Colorado Housing Finance Authority Program on February 12, and June 18, 2007. • Council established goals for enhancing housing options including home ownership in Englewood. RECOMMENDED ACTION Staff recommends that Council adopt a Resolution authorizing assignment of Englewood 's 2007 Private Acti v ity Bond (PAB) Cap Allocation to the Colorado Housing and Finance Authority (CHFA ) for home o w ne rship programs. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The State of Colorado allocates Pri vate Activity Bond (PAB) Cap to jurisdictions eligible to re ce ive more than one million dollars of PAB . Engle w ood w as allocated $1 ,3 7 1,390 for 2007. Englewood became an entitlement community for an allocation for the first time in 2002. Prior to that, Engle w ood was eligible to apply to the State for PAB . In 2002 through 2006, Engle w ood assigned its PAB to th e Colo rado Housi ng Finan c e Authority for home ownersh ip p rog rams. For many ye ar s p rior t o t ha t, Eng lewood app lie d to th e Stat e t o assig n its share of PAB to the Metro Mayors Caucus mortgage bond program administered by the City of Denve r. That program also provided home loans . The City typically does not assign the PAB until mid-year, close to the State 's September 15 deadline so that the PAB may be avai lable for an eligible local project. No PAB eligible projects ha e been proposed in Englewood yet th is year. FINAN CIAL IMPACT Th Resolution assigns Englewood 's entire 2007 PAB , $1 ,37 1,3 90, to CHFA for Home Ownership progr ms . If the Council takes no action, the PAB would revert to the Colorado Department of L al Affairs for assignment to eligible State agencies . - LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2007 //J A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. WHEREAS , the City of Englewood, Colorado is authorized and empowered under the laws of the State of Colorado to issue revenue bonds for the purpose of providing single-family mortgage loans to low and moderate income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended, restricts the amount oftax- exempt bonds which may be issued in the State to provide such mortgage loans and for certain other purposes; and WHEREAS , pursuant to the Code, the Colorado Legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing and Finance Authority ("Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act , the City of Englewood, Colorado has an allocation of the 2007 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15 , 2007 (the "2007 Allocation"); and WHEREAS, the City of Englewood, Colorado has detennined that the 2007 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of providing single-family mortgage loans to low and moderate income persons and families ; which assignment is to be evidenced by an Assignment of Allocation between the City of Englewood and the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The assignment to the Authority for $1 ,37 1,390 .00 of the City of Englewood, Colorado's 2007 Allocation shall be and hereby is approved . Section 2. The form and substance of the Assignment of Allocation are approved ; provided, however, that the Englewood City Council is authorized to make such technical variations, additions or deletions in or to such Assignment of Allocation as they shall deem necessary or appropriate and not inconsistent with the approval thereof by this Resolution . Section 1. The Mayor and the City Clerk for the City of Englewood, Colorado are authorized to execute aud deliver the Assignment of Allocation on behalf of the City of Englewood and to take such other steps or actions as may be necessary, useful or convenient to effect the aforesaid assignment in accordance with the intent of this Resolution. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. Section 5 . This Resolution shall be in full force and effect upon its passage and approval or as otherwise required by the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd of July, 2007. ATTEST: Olga Wolosyn, 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 2007. Loucrishia A . Ellis, City Clerk ..