Loading...
HomeMy WebLinkAbout2006-02-21 (Regular) Meeting Agenda Packet-~ Regular City Council Meeting February 21, 2006 Ordinance#~ 4, 5, 6, 7, 8, 9 Resolution#/.¥, I', 37, 38, 39, 40, 41, 42, 43 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 21 , 2006 The regular meeting of the Englewood C ity Counc il was called to order by Mayor Wolosyn at 7 :35 p .m. 2 . Invocation The invocation was given by Council Member Mccaslin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso , Moore , Oakley, Mccaslin , Woodward , Wolosyn Council Member Barrent ine C ity Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Gryglewicz , F inance and Administrat ive Services D irector Eaton , Human Resources Economic Development Coord inator Hollingsworth , Commun ity Development Police Sergeant Watson , Safety Services F ire Division Operations Chief Pattarozzi , Safety Services 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 FEBRUARY 6 , 2006. Mayor Wolosyn asked if there was any discussion. There was none. Vote results : Ayes : N a ys: Abs ent: M otio n carried . C ou nci l Members Mccas li n , Moo re, Wolosyn, Woodward , Tom asso , O akl ey Non e C ounci l Me mbe r Barrent in e 6 . Recognition of Scheduled Public Comment (a) Doug Cohn, 3 0 51 South M arion Street , said tonight I come as a representative of the Englewood Merchants Association and I do apologize for the type font on that thing that I had put on your desk. I tried to get it all on one page and the computer and I don't get along real well, so it is really small. As you are considering the development of the Acoma property, those of us who have businesses along the way there , are just a tad bit nervous. In the back of our minds, we see this crater that is about a block wide and a half a block deep that will disrupt our businesses for a couple of years ... and that makes us nervous. I think you can Englewood City Council February 21, 2006 Page2 understand why that would be. I just have some comments about that. One would be that the development is not just on the Acoma property. The development will be the whole 3400 block of South Broadway. Whichever development, if either , you choose to put on Acoma, the parking structure , and the folks who live in those units , are probably not going to want to look out at the ugly back sides of our buildings, so there is going to be some dressing-up that will be done on those kind of things . The development will take the whole Broadway block there . I am hoping that as the development happens ... whoever is going to do it will kind of take us into consideration on that. When Bonnie Brae moved into Englewood in 1999, one of the things that really attracted us was the parking lot. We had been on Univers ity Boulevard for 39 years and if you have ever tried to eat at the Saucy Noodle or one of those restaurants, it is really tough to find a parking space . And my customers finally said to me, I refuse to walk two blocks , or three blocks , or four blocks and park in the neighborhoods to come to your store, when your competitor has a parking lot out in front of his place. So that was one of our attractions in moving down to Broadway. Steve Williams , who just opened the Artarama , one of the th ings that attracted him to the 3400 block was the parking lot. So , the bottom line is we merchants are kind of worr ied about the parking lot. I understand that one of the big challenges is how to pay for the thing. That is a problem . As the Masons redevelop their space over on Sherman Street ... as private guys, they will be required to put in enough parking for the residents who will live there and whatever kind of commercial retail goes in. As Jon Cook redevelops some of his properties on Broadway, he is going to be required to put in sufficient parking for whatever kind of development goes in there . I guess my thought is ... whatever developer takes over the Acoma property, the same kind of an obligation should be on him . I have one more question on this whole deal. I'm unclear whether the ground is going to be sold to the deve loper or whether it is going to be leased , kind of like the City Center is . I think the City still owns the ground underneath here. I'm not sure about that. I th ink if it is going to be sold to the guy and he will have a great chance for a profit , then the expense of the parking structure should be built into that. On the back of the paper I gave you , is kind of a survey that we took . Just two of the stores ... Rocky Mountain Budokan and us at the hobby store ... we asked our customers a number of var ious kinds of questions. How important is parking locally? Are you willing to pay for a parking meter on Broadway? How long do you stay in the stores? How often do you come and visit? And the results are on the back there and it is kind of summarized on the front. In conclusion , I guess I want to urge you guys ... when the time for development comes , that the parking structure gets built first.. .whatever kind of a parking structure we end up with . Realizing that there will be a disruption for a time, having the parking structure there, it will prov ide a space for the customers and for the construction guys as they start building the main part of the buildings . I talked with a fellow who is just putting in a brand new project on West Colfax, and he suggested , for a little bit more increase in money, a pre-stressed parking lot. .. kind of like the ones that are right out here . It is a lot faster and not too much more expensive. It would be real handy to have some signs for alternative park ing for our customers during the construction time . And the last th ing , when you take out the little park ... when the developer takes out the park ... we would like to claim the bushes to put into the medians on Broadway . You guys can keep the hammer and the nail. .. we like the bushes . Thanks . Council Member Woodward said I just want to ask Doug if he wants to stay around for Counc il Member's Cho ice, bec ause I do have a few comments that I would like to make. Mr. Cohn said sure , I would love to , I will p lan on doing th at. Mr. Woodward sai d okay . 7 . Recognition of Unscheduled Public Comment There were no unsch eduled visi to rs. 8 . Communications, Proclamations and Appointments There were no commu nicati ons , proclamat ion s o r appo intm e nts . 9 . Consent Agenda (a) App ro val of Ord inances on First Reading The re were no additional items submitted for approval on first reading . (See Agenda Item 11 .) CO UN CIL M EMBER T OMASSO MO VE D, AN D IT WA S SECONDED, TO APPROV E CONSENT AG ENDA ITE~~ 9 (b) (I) a nd 9 (c) (I) a nd (II). Englewood City Council February 21, 2006 Page3 (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 3, SERIES OF 2006 (COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AMENDING ORDINANCE NO . 54 , SERIES OF 2005 PERTAINING TO THE TRANSITIONAL PERIOD FOR REFLEXOLOGY LICENSES. (c) Resolutions and Motions (i) RESOLUTION NO . 34, SERIES OF 2006 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 8, OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2006 . (ii) RESOLUTION NO . 35, SERIES OF 2006 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 9 , OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2004 THROUGH 2006. Vote results: Ayes : Nays: Absent: Motion carried . 10 . Public Hearing Items Council Members Mccaslin , Moore , Wolosyn, Woodward , Tomasso, Oakley None Council Member Barrentine No public hearing was scheduled before Council. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department and the Alliance for Commerce in Englewood to adopt a bill for an ordinance reestablishing the Alliance for Commerce in Englewood . He said before you this evening on first reading is an ordinance recreating the Alliance for Commerce in Englewood . ACE was established on February 20 , 2002, with a five year sunset provision . Over the last five years , ACE has accomplished a number of significant goals in the community, including spearheading the creation of the first Economic Development Strategy in Englewood. This was the first comprehensive look at economic development and the document was ultimately approved by City Council in February of 2005 . ACE also supports existing businesses in Englewood by introducing programs and initiatives to work with the business community, such as an Englewood business visitation program . Also, ACE supports initiatives to enhance and diversify our Englewood business community by undertaking studies such as the void analysis and our Primary Employer Study. This evening staff would like to recommend the reauthorization of the Alliance for Commerce in Englewood and recognizes its important role in enhancing the economic vitality of Englewood . Therefore , we recommend with the City Council's authorization , the attached ordinance. Thank you . Mayor Wolosyn asked if there were any questions for Mr. Hollingsworth . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 4. Englewood City Council February 21, 2006 Page4 COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 11, REESTABLISHING THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. Mayor Wolosyn asked if there was any discussion. Council Member Woodward said I would just like to say that not being a member of ACE , but having attended every meeting since I was appointed to Council a year and a half ago , except for one meeting , I really appreciate and value the work that ACE and these business leaders are doing . This is a very busy group and they have come forward with, I think, some very valuable information and great ideas. So , I will be voting in support of this. Mayor Wolosyn said I second Jim's comments . It is interesting to get to see the City through the eyes of the people who do business here every week. Mayor Wolosyn asked if there was any other discussion. There was none. Vote results: Ayes: Nays : Absent: Motion carried . Council Members Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley None Council Member Barrentine (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 There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to remind everyone that this Saturday we are having our Community Development Retreat in the Community Room at 8:30 a.m. I would like to thank Bob and his staff for putting together such a comprehensive book . I look forward to seeing everybody then . (ii) Mayor Wolosyn said after this we won't have another regular meeting until March 61 h. (iii) Mayor Wolosyn said I have a question. I noticed this item in our packet from the Colorado Tree Coalition on approval of our application for a utility line educational tree project. I would like to receive information in my packet as to what that is. I have an interest in knowing what that project is . (b) Council Members' Choice (i) Council Member Tomasso : 1 . He said I would like to move the resolution in support of the Colorado Clean Indoor Air Act. [Clerk 's note : This was listed as item 12 (b) (i) on the Agenda.] Englewood City Council February 21, 2006 Page 5 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 2006. RESOLUTION NO. 36, SERIES OF 2006 A RESOLUTION SUPPORTING THE PASSAGE OF THE "COLORADO CLEAN INDOOR AIR ACT" ALSO KNOWN AS COLORADO HOUSE BILL 06-1175, PROHIBITING SMOKING IN INDOOR ENCLOSED AREAS, AND MAKING ALL COLORADO WORKPLACES, INCLUDING RESTAURANTS AND BARS SMOKE-FREE. Mayor Wolosyn asked if there was any discussion. Council Member Oakley said I am disappointed that they left the casinos out. However, I won't abstain for that reason, but I am disappointed. I don't think they are any different from bars or anything else . Vote results: Motion carried. Ayes: Nays: Absent: Council Members Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley None Council Member Barrentine Mayor Wolosyn said the resolution will be forwarded to the people who requested it. Thank you. Council Member Woodward said I would like to make sure that it is forwarded to all our representatives ... Joe Stengel and the people that represent us here. 2. He said I want to congratulate Englewood Arts on the fine piano concerto performance on Saturday. Everyone was very excited and looking forward to the next performance. (ii) Council Member Woodward said I just wanted to comment on some of Mr. Cohn 's remarks here tonight. First off, the ground is owned by Englewood Urban Renewal Authority and the City of Englewood and the land is for sale. And, I think there has been request for proposals that were put out over a year ago and if business owners were interested in that, I would assume and hope that they would have brought forward some development plans, meeting the criteria of those proposals. There have been some proposals now that have come forward, that have met the criteria, from developers from legitimate real developers that are builders . And, I think we would be looking at selling that land and in selling that land it would be very difficult to tell the developer how to construct their development...that is, to use pre-stress concrete or wood framing poured in place, whatever. As far as the parking goes, I know Bob Simpson ... ! know Darren Hollingsworth have been very committed to letting the business community know, that we are looking at, in one of the criteria of the proposals, 100 parking places for the existing businesses that are there . All new parking would be for the new businesses, but there would be 100 parking places ... that has been recommended by Community Development. I have not heard , on this Council , in Urban Renewal, on the decision around the selection committee , anything about metered parking . The first time I have heard about metered parking is when I read your stuff over the weekend and heard it tonight. So, that is a rumor, as far as I am concerned . And , I don 't know where some of these rumors seem to get started , but it is a rumor ... nothing more than a rumor and it is just not something that has come forward to us . Mr . Cohn said can I interact? Mayor Wolosyn said just one thing. Mr . Cohn said okay, just one thing ... the metered parking on Broadway was a thing that some of the guys in Community Development brought forward as a way of paying for the parking structure . Mayor Wolosyn said thank you Doug . Council Member Woodward said okay ... then I will reiterate that if it came from Community Development, it has not come to us as a Council. Nobody has brought that up , as far as I am aware and I read my stuff pretty thoroughly ... and , personally, I would not support that. Meters would cost more than the benefit, In my op inion. Englewood City Council February 21, 2006 Page6 Also, Council Member Woodward said, I just wanted to comment on two weeks ago when you were here, and you had left before there was Council Member's Choice, and there were three Council members that wanted to respond to your remarks regarding ID theft and the laws and what has been put on in the City of Englewood. There are certainly laws within the State and within the City, with regard to identity theft and fraud and those types of items. Neighborhood Watch, during the calendar year of 2005, put on no less than three different ID Theft seminars that were open to the public and were open to the Block Captains. One of the seminars was put on by the 181 h Judicial District. It was an excellent seminar. I recommended that the City put it on for its employees. They put it on one time and it was so successful they ended up putting it on a second time . So, to clarify and to go on record and clarify, I think the City of Englewood has done quite a bit and has addressed identify theft to the best, and maybe better than, its ability and certainly tried to make people aware of it. So that is it, thank you. 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 the Rehabilitation Loan Committee has recommended foreclosure on the Gali property, 3279 West Tufts Avenue. Not only haven't they made a payment, but we lost all contact with them on this property, so I am recommending and asking authorization, from Council, to pursue that matter. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE THE GALI REHABILITATION LOAN FORECLOSURE. Mayor Wolosyn asked if there was any discussion . Council Member Woodward said I only have one question and that is the last sentence "I will notify Central Cashiering not to accept any monies from them at this time." If they were to come in and cure the delinquency, which, probably has a due on sale or due ... would we accept that or not accept that? City Attorney Brotzman said more than that, we would probably work out a payment plan with them . Janet has tried before to work out a payment plan . We just want to make sure they talk to Janet Grimmett or to me, but we just don't want a payment of a few dollars toward a foreclosure . Council Member Woodward said okay, so if they did come and cure? Mr. Brotzman said we would absolutely work with them. Mr. Woodward said okay, that is the only question I had . Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Ayes : Nays : Absent: Motion carried. 15 . Adjournment Council Members Mccaslin , Moore, Wolosyn , Woodward Tomasso , Oakley None Council Member Barrentine OSYN MOVED TO ADJOURN . The meeting adjourned at 7 :57 p .m . 1 . 2 . 3 . 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, February 21, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7: .!:I:;~ Invocation.~~ Pledge of Allegiance . ~ Roll Call. !ft~ / ~ /W:lleJJrJJJEj 5 . Consideration of Minutes of Previous Session. ~ &-0· Minutes from th e Regular Oty Counci l meeting of February 6, 200~ 6. Re cognition of Sc heduled Public Comment. (Please limit your presenta ti on to ten minutes .) a. Doug Cohn will be present to discuss th e Acoma Street Development. 7. Recogni ti on of Un sched ul ed Public Comment. (Please limit yo ur pr esent ation to five minutes. Tim e for un sc hedul ed public comment may b e limited to 45 minutes and if limited sh all be co ntinu ed to G en era l Discu ss ion .) 8 . Comm uni ca tio n s, Pro lam ati o n s, an d Appo intm ent s. ff : ~Jl~w ~~r~~ ~ & 0 ,1 . A p p ro ,,I r rd in ances o ~ing. b . Ap~ o f Orclin an es o n Seco nd R ad in g. i. o un ii Bi ll No. 3, am end in g th e Iran i tion al pe ri od for th e Refl e o logy Li e n s . Plc>.1se no t : (3 of Eng lewood OU . Englewood City Council Agenda February 21 , 2006 Page 2 c. Resolutions and Motions. ii. Recommendation from the Human Resources Department to adop t a resolution approving an amendment to sections of the 2005-2006 Collective Bargai ning Agreement with the Englewood Fire Fighters Association regarding timing of wage increases . STAFF SOURCE: Sue Eaton, Director of Human Resources. Recommendation from the Human Resources Depar tment to adop t a resolution approving an amendment to sections of the 2004-2006 Collective Bargaining Agreement with the Englewood Police Benefit Association regarding timing of wage increases. STAFF SOURCE: Sue Eaton, Director of Human Resources. 10. Public Hearing Items. (No Public Hearing Scheduled .) ff 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Re ading. b. C. i. Council Bill No. 4 -Recommendation from th e Community Development Department and the Alliance for Commerce in Englewood to adop t a bill for an ordinance ree stablishing the Alliance for Commerce in Englewood. STAFF SOURCE: Darren Hollingsworth, Community Development Economic Development Coordinator.~ Ap~of Ordinances on Second Reading . Resolutions and Motions. 12. General Discussion: a. Mayor's Choice. ,.a,J b;;O ,/'2 / -C. o un cil Members' Choice. 7 ~ QC,:,, Resolution in suppoct of the Colorado Clean Indoor Air Ac~ 1 J . ity Ma,iager's Report. 14 . ily A ll orney's R port. GJ li R habililalion Loan For eclos ure. ~ d • Englewood City Council Agenda February 21, 2006 Page 3 15 . Adjournment. 1,·'31 ~ The following minutes were transmitted to City Council between February 3 and February 16, 2006 : • Cultural Arts Commission m ee ting of Janu ary 4, 2006. • Fir efig hters' Pens ion Board meeting of Feb ru ary 10, 2006. • Keep Englewood Bea utiful Commission m ee ting of Janu ary 10, 2006 . • Liquor License Authority telephone polls of December 21 , 2 005 , Janu ary 4, Janu ary 18, Febru ary 1, and Febru ary 15 , 2006 . • Parks and Recre ation Commission m ee ting of Janu ary 12, 2006. • Police Officers' Pension Board meeting of February 10 , 2006 . • Public Library Board meeting of January 10, 2006. • Transportation Advisory Committee me eting of Janu ary 12 , 2 006 . PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: February 21, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC NAME ADDRESS TOPIC 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 6, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:34 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 CaJI Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Oakley , Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Kahm, Public Works Director Gryglewicz, Finance and Administrative Services Director Simpson , Community Development Director Black , Parks and Recreation Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Open Space Manager Lee , Parks and Recreation Recreation Services Manager Spada, Parks and Recreation Mayor Wolosyn said I would like to begin by announcing that we had a Public Hearing scheduled tonight about the Sheridan Redevelopment Project of our Golf Course, but because the City has not received and analyzed all of the information we have requested from the developer, the Public Hearing is canceled for tonight. We had one person, Homer Dunn, signed up to speak at that Public Hearing and I will move his name to the unscheduled speakers list. But , I believe that Douglas Garrett, who used to be our Mayor , and has stayed on as a volunteer counsel to City Council on this issue and our head of Parks and Recreation Jerrell Black , will be here at the reception so if you have any questions about that project, you can ask them. Other than that , the Public Hearing has been canceled . We will keep you posted . Mayor Wolosyn said I wonder if there are any other changes to the Agenda tonight. Englewood City Council February 6, 2006 Page2 Council Membe r Woodward sa id I would like to move item number 8 -Communicat ions , Proclamations and Appo intments , to follow our next item numbe r 5. That will give ou r new board and commissions members an opportun ity to meet at the reception with some of the youth that are going to be honored tonight. COUNCIL MEMBER WOODWARD MOVED AGENDA ITEM 8 FORWARD, TO BE CONSIDERED AFTER AGENDA ITEM 5. 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 JANUARY 17, 2006. Motion carr ied . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None *. * •• 8 . Communications, Proclamations and Appointments Mayor Wolosyn said Council Member Tomasso is going to help me by pass ing out the certif icates and pins to the new members of the boards and commiss ions who are here tonight. I would like to start off by saying to everybody , even the young people , a really important part of our City government is the input we get from ou r boards and commissions . It helps us make well rounded decisions and we always apprec iate everyone who volunteers the ir t ime for th is . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a) THROUGH 8 (dd) -RESOLUTION NO . 4 THROUGH 33. (a) RESOLUTION NO . 4 , SERIES OF 2006 A RESOLUTION APPOINTING CYNTHIA ADAMS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (b) RESOLUTION NO . 5 , SERIES OF 2006 A RESO LUTION REAPPOINTING DAVID ANDERSON T O THE TRANSPORTAT ION ADVISORY COMMI TT EE FOR TH E CITY O F ENGLEWOOD . COLORADO . (c) RESOLUTION NO . 6, SERIES OF 2006 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (d) RESOLUTI O N NO . 7 , SERIES OF 2006 A RESOLUTION REAPPO INTING JOH N BRICK TO THE PLA NNIN G AN D ZONING CO MMI SS ION FOR THE CITY OF ENGLEWOOD , COLORADO . (e) RESOLUTIO N NO . 8, SERIES OF 2006 A RESOLUTION APPOINTING VIC CALONDER AS AN ALTERNATE MEMBER TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (I ) RESOLUTION NO . 9 , SERIES OF 2006 Englewood City Council February 6, 2006 Page3 A RESOLUTION REAPPOINTING JILL CARLSTON TO THE BOARD O F ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . (g) RESOLUTION NO . 10 , SERIES OF 2006 A RESOLUTION REAPPOINTING MARK CRAFT TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (h) RESOLUTION NO . 11 , SERIES OF 2006 A RESOLUTION RECOMMENDING C .J . CULLINAN FOR APPOINTMENT AS AN ALTERNATE MEMBER TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (i) RESOLUTION NO . 12 , SERIES OF 2006 A RESOLUTION REAPPOINTING OPAL DOANE TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO . (j) RESOLUTION NO . 13 , SERIES OF 2006 A RESOLUTION APPOINTING RONALD FISH AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (k) RESOLUTION NO. 14 , SERIES OF 2006 A RESOLUTION APPOINTING MARGARET FREEMAN T O THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO. (I) RESOLUTION NO . 15 , SERIES OF 2006 A RESOLUTION APPOINTING DOUGLAS GARRETT TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (m) RESOLUTION NO . 16 , SERIES OF 2006 A RESOLUTION REAPPOINTING AUSTIN GOMES TO THE PARKS AND R E CREATION COMMISSION FOR T HE CITY OF ENGLEWOOD , COLORADO . (n) R ESO L UT ION NO . 17, SER IES O F 2 006 A RESOLUTION APPOINTING BETTY GOOSMAN TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD , COLORADO . (o) R ES OLUTION N O . 18, SERIES OF 200 6 A RESOLUTI ON R E APPO INT IN G BETTY G OOS MAN TO THE TR AN SPO RT AT ION A DV ISORY CO MMITTEE FOR THE CITY O F E N GLEW OOD, COLOR AD O . (p) RESOLUTIO N NO . 19 , SERIES OF 2006 A RESOLUTION APPOINTING DANIELLE GREGORY AS AN ALTERNATE MEMBER TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (q) RESOLUTION NO . 20 , SERIES OF 2006 Englewood City Council February 6, 2006 Page4 A RESOLUT ION REAPPOINTING JAMES HIGDAY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . (r) RESOLUTION NO . 21 , SERIES OF 2006 A RESOLUTION REAPPOINTING JO LAY TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (s) RESOLUTION NO. 22 , SERIES OF 2006 A RESOLUTION REAPPOINTING HOLLY MONTAGUE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (t) RESOLUTION NO . 23 , SERIES OF 2006 A RESOLUTION APPOINTING SUZANNE PURDY AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . (u) RESOLUTION NO . 24 , SERIES OF 2006 A RESOLUTION APPOINTING TOM ROCKMAN TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (v) RESOLUTION NO . 25 , SERIES OF 2006 A RESOLUTION REAPPOINTING DONALD ROTH TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (w) RESOLUTION NO . 26 , SERIES OF 2006 A RESOLUTION APPOINTING TOM ROTHE AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . (x) RESOLUTION NO . 27 , SERIES OF 2006 A RESOLUTION APPOINTING TOM ROTHE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR T HE CI TY OF ENGLEWOOD , COLORADO . (y) R ESOLUTI ON NO. 28 , SE RIES OF 2006 A RESOLUTION APPOINTING THERESA SABRSULA TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (z) RESOLUTIO N NO . 29, SE RI ES OF 2006 A RESOLUTION R E A PPO IN T IN G PAMALA S AM PS ON T O THE KEEP EN GLEWOOD BEA UT IFUL COMMISSION FOR THE CITY OF ENGLEW OOD , CO LORADO . (aa) RESOLUTION NO . 30 , SE RIES OF 2006 A RESOLUTION REAPPOINTING MITCH WALDMAN TO THE PARKS AND RECRE AT ION CO MM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (bb) RESOLUTION NO . 31 , SERIES OF 2006 , Englewood City Council February 6, 2006 Page 5 A RESOLUTION REAPPOINTING CARL WELKER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (cc) RESOLUTION NO . 32 , SERIES OF 2006 A RESOLUTION APPOINTING CLYDE WIGGINS TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . (dd) RESOLUTION NO . 33 , SERIES OF 2006 A RESOLUTION REAPPOINTING BRANDON WILLIAMS TO THE NON -EMERGENCY PENSION BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Council Member Tomasso presented certificates and Cit y pins to all the appointees in attendance . Mayor Wolosyn said I want to thank all of you for you r cont inued and new service and also reiterate Jim 's invitation to stay and hear the Metro Mayors Youth Awards announced and to come and jo in us for cake and a short reception immed iately following that. Thank you al l. We appreciate your serv ices ... deeply apprec iate it. There was a round of applause . 6 . Recognition of Scheduled Public Comment (a) City Counc il recognized the young people who were nom inated for the Metropolitan Mayors and Comm iss ioners Youth Award . Mayo r Wolosyn sa id th is is an annua l award that recogn izes young people who have overcome difficul t situat ions in the ir lives and risen to the challenges of adversity . The first year I was on Counc il, I had the hono r of se rving as a j udge on th is panel and I th ink anybody who does it feels humbled , because the people who pa rti cipate , and who ar e nom inated , a ll do so much and are so deserv ing . It would be nice if everybod y c ould get the award . I just want to congratu late a ll of you . I would like to t hank everyon e fo r com ing t o he lp us celebrate these very special young people, especially the nominators . I kno w that you are probably also mentors and inspiring people in their lives and I thank you for taking time to come . I would also like to thank Karen Miller , President of our School Board and Jim McCabe , our Superintendent, for being here tonight. Each nominee will receive a certificate and a gift bag as a token of our admiration . Thanks to Parks and Recreation for providing Pirates Cove passes for each honoree . Mayor Pro Tern J im Woodward will help me hand out the awards . I would like to ask Council to form a receiving line in front of the da is. After th e rec o gni t ion, we will break for a brief recep t ion in the Community Room to visit with our nom inees . W e are hon o ring the nomi nees, not because of the c hallenges they have encountered , but because th ey have persevered and h ave taken control of their lives . You know I have heard that saying, it's not ho w bad yo ur life is , or how good your life is , it is how you deal with adversities or blessings . I think that from what I understa nd, all of you ha ve done an outstanding job of that. The nominees are : (i) Dest iny Alexander , a 101 h Grader at Colorado 's Finest Alternative High School. Her nominator says Dest iny serves as an example for other youth . Her resilience and determinat io n have served her well , and will help her realize her ambitions for the future . Englewood City Council February 6, 2006 Page6 (ii) Emily Borden, an 8th Grader at Sinclair Middle School. Emily's nominator says she is enthusiastic and creative and doesn't just go along with the crowd -Emily has an inner determination to make something of her life. (iii) Jacob Cain, an 8th Grader at Sinclair Middle School. Jacob's nominators say that he is a strong leader who leads by example and demonstrates a positive attitude toward school. He is patient and helpful and serves as a peer mediator to help other students resolve their conflicts. (iv) Patrick Call, a Senior at Humanex Academy. Patrick's nominator says he has a positive and calming influence in his classroom, and he helps bring out the positive qualities in his peers. Patrick is also a talented artist -one of his pieces was included in Englewood's calendar last year . (v) Christen Cone, a senior at Colorado's Finest Alternative High School. Christen's nominator says her commitment and resolve is admired by the students and staff at school. Her strength and determination will help her continue her journey to success. (vi) Kaylah Coughlin. a senior at Colorado's Finest Alternative High School. Kaylah's nominator says she is self-motivated, and has an inner strength and determination that will help her be successful. (vii) Ashley Deacon, a 1 oth Grader at Colorado's Finest Alternative High School. Ashley's nominator says her motivation and potential make her a role model for others . Ashley's belief in herself will help her achieve the goals she has set for her future . (viii) Sarah Duggan , an 11th Grader at Humanex Academy. Sarah's nominator says she serves as an example to her peers by showing them they can change their lives and realize their hopes and dreams . (ix) Shawn Dutton, a 10th Grader at Colorado's Finest Alternative High School. Shawn 's nominator says his attitude toward school makes him a good role model for other students. His focus on the future is sure to help him realize his dreams . (x) Patrick Keith Haggerty, a Senior at Colorado's Finest Alternative High School. Keith's nominator says he has seen Keith develop and mature into a positive person who is focused on his future . (xi) Cheri Hall , an 11th Grader at Colorado's Finest Alternative High School. Cheri 's nominator says she is very active at school, and serves as a peer mentor to new students. Her resilience and tenacity will help her be successful in life . (xii) Sarah Hapke, a ?'h Grader at Sinclair Middle School. Sarah is described by her nominators as a student who works hard, is kind to others, and always has a positive attitude . Sarah always does her best, and enters her classrooms every day with a smile on her face . (xiii) Cayla Hewitt , a Senior at Colorado 's Finest Alternative High School. Cayla 's nominator says she serves as a role model to her fellow students. She has discipline , commitment, and is dedicated to making her future successful. (xiv) LeAnna Hitchins, a 12t h Grader at Humanex Academy. LeAnna 's nom inator descr ibes her as an "awesome young woman " who helps influence others to move in a positive direction as she has done. (xv) Stephen Hughes , an 11th Grader at Humanex Academy . Steve 's nominator says his positive att itude will help him excel in life . Not only has he helped himself , but he has helped many of h is fellow students , too . Englewood City Council February 6, 2006 Page7 (xvi) Joe Loken, an 11th Grader at Humanex Academy . Joe's nominator says Joe has taken charge of his life and is on the right track. He strives toward the positive in his life and serves as a role model for others . (xvii) Bianca Long, a 1 oth Grader at Colorado's Finest Alternative High School. Bianca's nominator describes her as an inspiration who knows how important her future is, and is committed to fulfilling her goals and objectives . (xviii) Alexis Lopez, a 1 oth Grader at Colorado's Finest Alternative High School. Her nominator says Alexis exudes confidence and toughness. She is well-respected and admired by her peers and the school staff, and is working hard toward a bright future. (xix) Cherie Lubben, an 11th Grader at Colorado's Finest Alternative High School. Cherie 's nominator says her strong will and persistence make her a strong role model for her peers. Her consistently positive outlook is sure to help her be successful in life. (xx) Andrea Makey, an 11th Grader at Colorado's Finest Alternative High School. Andi's nominator says she is an active and contributing part of the school community . She has the motivation and perseverance to realize her goals for the future . (xxi) Stephanie Maraggos, a 1 oth Grader at Englewood High School. Stephanie's nominator says that her caring attitude for others is exceptional. Stephanie has lived her life with the idea that you need to make the most out of life . (xxii) Ashley Myers , a Senior at Colorado's Finest Alternative High School. Ashley's nominator says that her positive behavior and attitude are a model for the other students . She has come a long way, and there's no question that she will be successful in life . (xxiii) Eva Ramos, an 8th Grader at Sinclair Middle School. Eva is described by her nominators as a responsible young woman who works hard and stays focused. She is a tremendous help to her teachers and to other students, serving as a great role model for others. (xxiv) Nicholas Valdez, a Senior at Colorado's Finest Alternative High School. Nick's nominator describes him as motivated, with tremendous potential. His determination and talent will help him be successful as he plans for his future. (xxv) Sarah Williams, an 11th Grader at Colorado's Finest Alternative High School. Sarah 's nominator says he is amazed by her resilience and strength. Her courage and determination are an inspiration to her teachers, her fellow students, and her family. There was applause after the introduction of each nominee. Mayor Wolosyn said I want to say, once again , that we are very proud to have you in our community and we want to thank the families, friends, teachers and counselors who are here tonight to help us honor our nominees and who support these very special young people on a daily basis . Let's give them all a round of applause . Mayor Wolosyn said please join us next door in the Community Room for cake and a brief reception to vis it with our nominees. • •••• (b) Brief Reception . Council recessed for a brief reception at 7:59 p.m . Council reconvened at 8 :26 p .m . with all Council Members present. Englewood City Council February 6, 2006 Page 8 (c ) Mark Swanson was no t presen t. (d) Chris Hoagland , 3041 South Franklin Street , sa id I am really glad tha t I was able to sit in on the proceedings this evening . I am proud to be a cit izen of Englewood . I've worked in the alarm industry for 18 years and I recently had the opportunity to read the City's internet post ing about their new alarm pol icy and I have a couple of concerns about that , which I was hoping to present to you th is evening . Essentially , the internet posting describes two basic areas that the C ity is going to change how it p rocesses bu rglar alarm signals . The f irst half of the posting , basically , discusses verif ication procedures that the C ity is going to implement to try to reduce or elim inate human error and mechanical problems with alarm systems . In the first instance , the City is going to requ ire the verification by a call to the prem ises to see if somebody is on site that has got a password , so that a simple error by a user doesn 't result in a dispatch . And , addit ionally , t he City proposes three types of physical ver ificat ion and that the alarm signa l won 't be responded to unless there are at least two devices that are involved in caus ing the alarm or a video or aud io verif ication or, finally , corroboration by an unaffiliated third party. And I think that those are all to the good . I think those can be effectively implemented at no or very modest cost to alarm system users and they should dramatically reduce the false alarm experience that the City has . My concern relates , primarily , to the second part of the proposal , which is how the police will be dispatched in response to alarms both verified and unverified . And my reading of the internet posting , basically , indicates that the City will no longer be dispatching a particular officer to an alarm , but rather "broadcasting the alarm " and at that point in time , if an off icer is available and is inclined to respond to the alarm , then an officer will respond . My contention is that that , for all pract ical purposes , is a non-response policy. And what I would like to try to encourage the City to do is , since they are implementing some very substantial verification procedures , to continue with their current practice of dispatch ing an officer to an address that has an alarm and wait and see if perhaps the statistics don 't greatly improve, as a result of the ver ification , before they go to what I would regard as being a rather draconian non-response . Now it is possible that I have simply misread the internet posting and I am sure that that is not a comprehensive d iscuss ion of the police policy , but that is how it reads to me and I would really be concerned if I were a c itizen that really does rely on an alarm system to protect their home wh ile they are working dur ing the day or a business that , you know, is unoccupied at night. You know , a lot of people really rely on alarm systems to protect the ir property. I have been a long standing advocate of responsible alarm uses and I work very hard with my customers to make sure that the ir equipment works well and they are educated and informed on how to use it. I try to use the easiest equipment that I can . I want to do everyth ing I can to prevent false alarms and I th ink my results show it. I think I have excellent false alarm statistics . They inevitably happen , in sp ite of everyone 's best efforts . I think it really would create a situat ion that could be very dangerous to property owners , if the C ity were to go ahead as th is proposal i nd icates . Thank you very much . Mayor Wolosyn said thank you Mr . Hoagland . I would like to add that o n Apri l 3•d Counc i l w ill revis it this and that this new pol icy w ill not be implemen ted unt il Counc il rev is its it. And a ll of the th ings that we are hearing , such as your re marks , a re app reci ated and w ill be addressed aga in on Ap ri l 3•d . Mr . Hoagland said I would certainly be happy to volunteer any time that you might find useful. I have quite a bit of experience in this field and if there is anything I could offer in terms of background or knowledge or whatever , please feel free to call on me . Thank you . Mayor Wolosyn said thank you very much . 7 . Recognition of Un scheduled Public Comment (a) Don Ramer, 3720 South Lipan, said we have four units on Lipan down there . W e have an automotive repair facility and remanufacturing business and also a fabrication facility . He said this is my partner , Jim Murray of the same address . W e started a business here in Englewood in July of 2 004. W e basically have a very quiet business . We do a tremendous amount of repair work for the federal government as far as U .S . Marshals . We do Comcast Cable ... we do a lot of what we call municipality and fleet, government types of veh icle repair . Up to about the first 9 or 1 O months of our operation of business , we have had an extremely ... ! would say ... very good neighborhood. Since that time , we have had a large increase in vandalism and destruct ion of property to our business resulting in theft of art icles and automobiles ... random damage to them in excess of thousands of dollars . Since that time , we also share some of the same concerns about this Englewood City Council February 6, 2006 Page 9 new policy that may be implemented regarding response . We have had no false alarms in our businesses . However, we are concerned about this, because if this was to go forward, that would just give the criminals more time to get into the building and inflict more damage before someone could get out there and do anything . I think that needs to be addressed or looked at, probably a little bit more thoroughly , in our opinion . We have also had a tremendous amount of activity at the end of our street, which the Englewood Police Department is doing their best to try to alleviate , but , apparently, we have had a business that moved into the end of Lipan and, from what we understand, this business has been booted from the City of Sheridan , because of problems that Sheridan had with them . We are concerned , and all the area business owners on Lipan are also concerned , because since they have moved into our neighborhood , our crime has just skyrocketed . What it appears to be is a chop-shop and we are real concerned and would like to have the City look into this . There has been drag racing on the street , which the City of Englewood has also tried to clamp down on . These people have been so bold ... they are only about five blocks from the Englewood Police Department. .. and they have even had time to set up lights on top of the building, including a Christmas tree, to start drag racing with . We have done everything on our end to alleviate it and now we are trying to come to the City and say ... in order for our businesses to stay down in that corridor , we are going to need some help . And if we can't get it addressed a little bit more formally and get it under control, we are going to be forced to move our businesses . There are already vacant buildings behind us now. That also is causing problems . People are not wanting to move into these businesses. Vacant buildings left for long periods of time are a haven for people to sit in those parking lots and also become a little bit more criminal and this is what we are seeing . So , we wanted just a few minutes of your time. We wanted to thank the Englewood Police Department for what they are doing, but we are in hopes that maybe the City Council will take a look into this and possibly even the corridor where the light rail is ... we have even had some issues with the light rail, where people have come from downtown . We had one gentleman who was literally almost beat to death and he crawled off of light rail , came into our place of bus iness after hours and had to be removed by the paramedics , because he was bleeding all over our floor. The reason I am telling you this is because we have a big problem down on Lipan and it needs to be looked at. .. and also Windermere . So, if you guys have any extra funds this year, we would like to open our business up and see if there is something we can do to help . We want to stay and we want to see if we can make a big impact in that corridor, but we are going to need help . Mayor Wolosyn said thank you. She said I would just like to ask Chris if we could have a little more information about this situation in our packet. I know that I had a letter about it. Director Olson said we will do some more research on it. Obv iously , as he indicated, we are doing extra patrols and other things down there right now , but this is the first time that it actually has come up where this has been , as far as I know, a significant problem that I am going to have to deal with. So, we will continue on with it. It is going to involve, obviously , some more targeted enforcement kinds of situations and we will see if we can work on that and we will work with them , as we have been doing . Council Member Woodward said what hundred block was that? Director Olson said 3700 . Mr. Woodward said okay. Mayor Wolosyn said thank you. (b) Peter Jones , 3133 South Bannock Street , said I also have some concerns about the alarm policy . I have lived in Englewood for almost 10 years and have had an alarm system for that entire time . I have had two different alarm companies that I have worked with . I, as well as the two alarm companies I've worked with , have been very concerned about false alarms . That is my first concern, frankly, having Englewood Police respond to false alarms , espec :ally when I hear these horror stories about companies that don't do verification . That really boggles my mind . I can't imagine a company not doing that. I, and the companies that I have worked with , have worked extensively to avoid false alarms . We have been very responsible users of the system . In fact, I wrote a letter of apology to the Englewood Police Chief, some years ago , when I actually did have a false alarm and the police had to come out. I was initially concerned about the kind of two trigger policy , or whatever you want to call it , where you actually have to have a motion detector and a door alarm go off , or something like that. It seemed that was kind of like asking a criminal to put on a show ... to wave at all the mot ion detectors or someth ing , before they left. But having consulted with my alarm company ... they don't seem very concerned about that particular thing ... I will trust his judgment on that. I guess , aga in , the thing I am Englewood City Council February 6, 2006 Page 10 concerned about is the appa rent d iscretion tha t is being granted to po lice officers and after we are jumping through all these hoops , if this policy becomes a reality , to then say , okay then we will follow up if we feel like it...you know , if we are in the neighborhood, which seems to me to be wholly inadequate . It kind of puts all the other efforts in vain, basically. If we are making the efforts to make false alarms a minority, then the alarms that pass through that narrowing schism, ought to be taken seriously, I think, by the police officers . I am encouraged very much by the fact that you are requiring the notification system to come into play ... that they would have to call and actually verify that it is not a false alarm . I think that alone, as Chris was say ing , I think that in and of itself, would likely prevent a large number of false alarms . False alarms are part of the deal , if you have an alarm system you really can 't avoid having some false alarms and I have had a lot of them, but the percentage that actually went through to the police , is actually very, very small , because most of them ... ! trip the alarm , I walk in too late , I trip the motion detector, I get a call from my alarm company , I give the password and the police are never involved in the process. So , I mean I can't imagine if all my false alarms had gone through to the police, that would be an amazing problem , but the fact that I have always had a responsible alarm company , that has never been the case. I will say in conclusion , that I just hope that responsible alarm companies and responsible users of alarms are not penalized by kind of a knee-jerk , broad-brush policy that kind of presumes that we are all irresponsible, because I'm as bothered by false alarms as anyone, because when I see them happen, I know that I don't want to be the alarm owner who cried wolf . I take it very , very seriously. I hope that the Council, when they make their decisions and the police when they construct policy , will take into consideration that there are a lot of us out here who really do want to be part of the solution and not the problem. Thank you. (c) Mark Craft said I live at 3333 South Lincoln Street, at the Simon Center at Lincoln and Floyd . What I wish to speak about is the noise these Harley-Davidsons make starting about 9 o'clock in the morning on the weekends . My apartment faces out to Broadway. From 9 o 'clock in the morning until bar-clos ing , all you hear all day is rmmm-rmmmm ... packs of them going up and down Broadway. Now they are so loud that they set off car alarms of the cars parked in the lots nearby or those parked on the streets . So after they go by , you hear weoooo-weoooo-weoooo. I hate to give sound effects , but from 9 o 'clock in the morning until bar-closing , that is all we hear ... especially when the weather is good , there are about 40 ... they are all ou t. And , with the summer coming they are going to be out every day ... almost.· Some come up through the ne ighborhood and my windows shake . I represent the tenants at Simon Center and they complain too . So , are you working on more ordinances to get the noise controlled from these Harleys? Mayor Wolosyn sa id this is one of those issues that I am going to ask Director Olson about. We do have noise ord inances , right? Director Olson said yes , we do ... we have noise ordinances , that is correct. The difficulty is in the enforcement side and it is literally having to determine the decibel level where the no ise ord inance would k ick into play . I understand their concern . It is a problem . It is a problem throughout the metropolitan area . I know down in Lodo and so forth , it is a major problem down there , but , literally, the difficulty is of an officer be ing in proximity and ... it is going to have to be a police officer ... not just a code enforcement officer . A police off icer is go ing to have to be in som e sort of proxim ity to where these folks are , have a meter to de te rm ine the decibel level a nd th en de termine w het her it violates the City 's noise ordinance , w hich in itself is a relatively minor violation and the City Attorney could probably confirm that. But we do have an ord inance in p lace , it literally is the enforcea bility side of it. Mr. Craft sai d o ka y, it is j us t very annoying , espec ially in the summ er. Mayor W ol osyn sa id t ha nk yo u an d we w ill keep abreas t of it. Mr . Craft s a id th ank yo u. (d ) Do ug Cohn , 305 1 South Marion Stre et , sa id I wanted to t alk about two things real quickly ton ight. T he f irst one is , Pos it ive ly En glewood . That is a bu si ness a nd citizen group tha t I ha ve been connected with for a littl e wh ile . Last ye a r th e y gave away a nu mbe r of bic yc les a nd th ey d id a charity Golf To urnament at the Eng le wood Go lf Course . I wo uld li ke to use th is ti me to inv ite yo u a ll to our second annual Positively Engle wood Charity Golf To urnament. It w ill be at t he En g lew ood Golf Cou rse on Monday , June 12'h . It starts at 8 :00 a .m . It sounds like , at least f o r a wh ile , this summer will be the last time we play golf over at the Golf Course until the new sys tem is set up over there ... so , I would like to invite you all to come . The money ra ised w ill be donated to the Recreation Ce nt er to provide passes for kids who want to use the Center o r want to pa rt ici pate in team sports and can 't afford the bills . So , the Positively Englewood guys are go ing to donate th e Englewood City Council February 6, 2006 Page 11 money to the Recreation Center programs. So, for all of you on the Cit y Council and the City staff and you all in the audience who play that evil game, we would like to invite you to come on June 1 ih and participate with us . We will have more details coming soon . The second thing is one of the other things I ran into on the campaign trail during the campaign for City Council. .. identity theft. Probably every one of you in your employment and even in the City here has gone to at least one conference on identity theft. Why is it not a crime in Colorado to steal someone 's ID? I honestly don 't know the answer to that. It feels almost like ... those three little statues ... hear no evil, see no evil, and speak no evil. Nationally , as the Republicans run the thing and I'm not sure which one of those three the Republicans are , but in the State of Colorado nothing has been done and so I guess I am encouraging you all to look hard at doing something about the identify theft problem. And, I realize, as a City, that the book we could throw at them would be a very small book . I think this could be a shot heard around the country by just taking a stand and saying we are not going to do that here . If you try to hurt somebody in the City of Englewood , even though we have a really small stick, we will hit you with it. I would like to encourage you to consider making identify theft a primary offense here in Englewood. Thanks for your time. Mayor Wolosyn said thank you Doug . (e) Homer Dunn, 3430 South Pennsylvania , said I am here to talk about the golf course . Where people pay from $10,000.00 to $300,000 .00 to have a golf course in their neighborhood, we 've got one of the finest Par 3's in the State and we have the greens ... finally after about 2 years ... where they are fit to play on . We've got a good greens keeper. I can 't imagine Englewood giving up the Golf Course , because it will be the last one we will ever have ... because somebody wants it to build a bunch of stores or apartments on it. .. I don 't know . But the way I look at it, the only reason they want the Golf Course is because he will sell the rights , the piece of paper to them for millions of dollars and he will retire and go live in Florida . And if they don't hold on to that Golf Course , this Council, if they had the right to vote on it, should retire if they vote for it. That is all I've got to say . They haven 't got the Englewood heart , if they do away with that Golf Course . Mayor Wolosyn said thank you. 8 . Communications, Proclamations and Appointments [Clerk's note : Agenda Item 8 was moved forward. See page 2.] 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i) and (ii) AND 9 (c) (i) and (ii). (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . 1, SERIES OF 2006 (C OUNCIL BILL NO . 1, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING A CITY DITCH LICENSE AGREEMENT , GRANT OF RIGHT-OF-WAY , GRANT OF TE MPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONSTRUCTION WITHIN AND EXCH ANG E OF CITY DITCH RIGHT-OF -WAY TO REALIGN THE CITY DITCH BETWEEN THE CITY OF ENGLEWOOD , COLO RADO , AND OWNERS BRAY AND ROTBERG . (ii) ORDINANCE NO . 2, SERIES OF 2006 (CO UNCIL BILL NO . 2 , INTRODUCED BY COU NCIL MEMBER WOODWARD) Englewood City Council February 6, 2006 Page 12 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETW E EN THE CITY OF ENGLEWOOD , COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE , STATE OF COLORADO PERTAINING TO THE ENGLEWOOD TRAILHEAD IMPROVEMENTS. (c) Resolut ions and Motions (i) Awarding the purchase contract for replacement of the Civic Cente r generator to Cummings Rocky Mounta in LLC, in the amount of $28,295 .00 , and the installation cont ract to Encore Electr ic , Inc., in the amount of $35 ,860 .00 . Including a 10% contingency fee , the total projected costs are $78 ,820 .00. (ii) Awarding the contract for replacement of lighting at the Englewood Recreation Center to Light Bulb Supply Company , in the amount of $41 ,455 .00 . Including a 10 % contingency fee , the total projected costs are $50 ,000 .00 . Vote results: Mot ion carried . Ayes: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None 10 . Public Hearing Items (a) The Public Hearing to gather input on a proposed development impacting the Englewood Golf Course was cancelled . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on F irst Read ing (i) Director Gryglewicz presented a recommendat ion from the Finance and Adm inistrat ive Serv ices Department to adopt a Bill for an Ordinance amending the transitional period for the Reflexologist License . He said back in 2005 , November 11 1 h , the Council passed Ord inance No. 54 , which added the reflexology license to the Code . As you know , we had a number of meetings with reflexologists and people working in the City and at the time when we looked at the educational requ irements we thought that they made sense and it would be easy fo r them to get the ir exper ience requ irements . But , after a little bit of time and pract ical ity, they realized that they thought that it wou ld be easy for one of the providers to be able to prov ide t he in-c lass train ing . That proved to be a lot more d ifficul t than we rea li zed . So , the two reflexo logists pract icing in th e commun ity would have had to start , basically. over aga in with another course , which included classroom an d hands-on . So we t hought , mos t of t hese peop le have work ed in the City for qu ite a bit of t ime , have mu ch more hands-on ex perience than is required in the license and what we are recommending is that we , b asically , wa ive that portion ... the hands-on port ion of the educational requiremen t a nd allow those two people , that pract iced in the C ity on Septem ber 1, 2005 , to go ahead and be licensed and then all others going forward would be required to have that full in-class and practica l exper ience that is in the license as passed in November 2005 . Mayor Wolosyn a ske d if the re were a ny questi o ns . Council M ember Woodwa rd said so bas ic ally we are grandfathering t hose two in ? Director Gryg lew icz said yes . Mr. Woodward sai d and there are only two? Mr. Grygle wicz sa id there are only t wo that I kno w of and I bel ieve that is t he onl y two . T hey wou ld have to p rove th at they worked in the City at that time and had all the other qualifications . M r. Woodward said okay ... one is Shirley Fr iend and there is a noth er o ne down o n So uth Broadway in about the 380 0 block? Mr. Gryglewicz said yes and she has , actually , been licensed as a massage therap ist for quite a period here , but she actually does ma inly reflexology . but she doesn 't have t hat in-class for th e reflexology . So we felt that in all fairness , we wan t to ke ep them work ing here in the City , that th is would wo rk f o r everybody. Mr . Woodward sa id okay. Englewood City Council February 6, 2006 Page 13 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 3. COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO . 54 , SERIES OF 2005 PER TAINING TO THE TRANSITIONAL PERIOD FOR REFLEXOLOGY LICENSES. Mayor Wolosyn asked if there was any discuss ion . There was none . Vote results: Motion carried. Ayes : Counc il Members Barrent ine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Frank . (b) Approval of Ordinances on Second Read ing There were no addit ional items subm itted for approval on second reading . (See Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions (i) Deputy City Manager Flaherty presented a recommendation from the City Manager 's Office and the Parks and Recreation Department to approve , by motion, the naming of the cultural arts space at Civic Center. At their regular meeting on February 1, 2006 , the Cultural Arts Commission unan imously approved the name "Hampden Hall" and have recommended that City Counc il formally approve the name . Mr. Flaherty said we are seeking approval of the naming of the Cultural Arts space at the Civic Center ... Hampden Hall at Englewood Civic Center . In keeping with pri or practice , Co uncil approves naming of City facilities . He asked if there were any questions . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE NAME "HAMPDEN HALL" FOR THE CULTURAL ARTS SPACE AT CIVIC CENTER. Mayor Wolosyn asked if there was any discuss ion . There was none . Vote results : Motion carri ed. Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakle y Nays : None 12 . General Discussion (a) May or's Ch oice (i) Mayor Wol osyn sai d I ju st want to not e that und er the Consent Ag enda on e of the things we voted on was new lighting at the Recreation Ce nter. I want to commend staff and offer congratulations, for the upgrading of the lighting and the fact that we are increasing energy savings . You know that is good for our budget , but also good for our Country really . (i i) Mayor Wolosyn said a couple of weekends ago , I spoke at the Meridian to a Men 's Breakfast Club . They gave me a great perspective on the community . One thing they asked about was our new Englewood City Council February 6, 2006 Page14 rad ios and t hey had a great interest , of course , in what is go ing on at the Denver Sem inary. I was able to g ive them a good report thanks to staff and they also we re very interested in the Parks Plan . And , they love , love , love the Art Shuttle and want it to go to Ka iser . (b) Counc il Members ' Cho ice (i) Counc il Member Barrent ine said I am really so rry that Doug Cohn left , because I j ust had a resolut ion , after almost a year , of deal ing with an identity theft. And , he is incorrect. .. identity theft is illegal. It is proving it that m ight be difficult. It was brought up at a neighborhood watch meeting , Sergeant Schellpfeffer did a beautiful job in providing information . And I also went to a meeting ... the Arapahoe County Sheriff has a task force working on it and they handed out information on dealing with that as well. The unfortunate part ... and the leg islation just passed this last year ... is that you have to be able to prove it , wh il e those instruments you need in order to prove it , don't necessarily come to you . They are going to someone else or a collection agency. I was able to work with the District Attorney , Carol Chambers , who d id a wonderful job with the Judicial 18th bad check writing organization , to try to turn these back over to the police, so that they can be investigated . I had nothing but cooperation from everyone .. .from Vince Atencio in talking to him about what was going on , because one of the checks had been written in Englewood and I was able to find that out. .. and Chris Olson has been very interested and been on top of it. And so I think that they gave a presentation at the Neighborhood Watch . I th ink they are very on top of what is going on and they knew about the legislat ion right away and they told me what th ings I would need t'o collect in order to have that happen . Fortunately, I hope it has been taken care of, but it has no t hing to do with my account or my name or my address , so quite honestly I wouldn't have been able to prove identity theft , because they never comm itted a crime against me . But it is still illegal and I th ink Englewood is doing a beautiful job . They were very up to date on it and they were cutt ing edge a year ago when they did that presentation . I know that Jim Woodward was at that one as well and I th ink they have done an excellent job. So , I'm sorry that he didn 't stay, because an awful lot has already been done and they have focused on that. I apprec iate them in keep ing up w ith me on what was going on w ith me too . Some additional legislation is being looked at in orde r to try to help the people that fall into these categories , b ut it is very diff icult. All these people had to do was put my name on a check with some number. It wasn 't even a real account. So , quite honestly, it is a matter of what the businesses are going to do and how they are going to c rack down . It is kind of open ended , but it can really happen to anybody and you don 't even need trash to go through or loose a purse to have it happen . But , I can 't speak h ighly enough of the Arapahoe County Sheriff and our Pol ice Department and what they have done over the last year on this . I'm sorry he left , but I will try to pa ss that along to him . (ii ) Counc il Member Mccaslin : 1. He sai d I was hoping Mr. Cohn wou ld st ick around . 2 . He said we d id have a meeting with the Sch ool Distr ict and th e City Council la st we ek , whi c h I t ho ught was very, very positive and hopefully we will get more done through the School District and the City Council , but we will deal with that later. 3 . He said I just read a newspaper art icle ... it was on the front page of the Rocky Mountain News on Saturday ... a bo ut c ode enfo rce ment in othe r cities . Abou t how c itizens are really wanting us to buc k le down , so I don 't kno w whe re we sta nd o n th at. I kno w o ur Cit y has done really well as far as code enfo rce ment. I just hope we keep up o ur stand ards and do n't allow a few of the citizens to come in and all o w us to ha ve less standards than we really need . I am on Keep Engle wood Be aut iful, so hopefully I can hav e some d irect ion there . (iii) Council Member Moore said I ju st would like to empathize with Mr. Craft who spoke about the Harleys . It is unfortunate that it is clear there is a problem , that we have laws to deal wi th the problem , but we just don 't have a practical way to deal wi th it. I have looked into this issue before and got convinced that there is not a solution , but still hold on to a hope that one day we will find one ... by whatever kind of creative means . I remember from one of the last reports we had on the Harley issue, that part of the problem is that the laws are ... if I am correct. .. how they come out of the factory is fine and it is the modifications that are done afterwards that are almost imposs ible to d ist ingu ish . It makes it a very difficult problem for enforcement Englewood City Council February 6, 2006 Page 15 and also having to monitor. The problem is common sense though , when your ears tell you the problem is real. I just still hope one day, maybe even while I am still here on Council , we will find some kind of solution that will work its way to the top. I appreciate the problem , but I also very much appreciate Mr . Craft's concerns . Thanks . (iv) Council Member Tomasso said on Friday Jerry's Artarama opened in the old Guys and Dolls facility on South Broadway. We now have a professional art supply store on Broadway , so I expect to see the rest of the Council start moving in that direction . Thank you . (v) Council Member Woodward: 1. He said I just want to second what Laurett had said and I guess make it a third for what Bob had said . 2 . He said also Neighborhood Watch ... put on by the 181 h Judicial District ... a whole seminar on ID theft , which I came back to Council and recommended that the City provide it for its employees . I think after the first one it was so popular that they provided the second one , so I would suggest that we are doing quite a bit in less than a year regarding ID theft. ID theft is a major problem throughout the country ... I think throughout the world right now and I think we are certainly doing our part . 3. He said I just wanted to congratulate Stu and the Littleton/Englewood Wastewater Treatment Plant for their State approvals as per this letter. 4. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO RESCHEDULE THE JULY 3, 2006 CITY COUNCIL MEETING TO JULY 10, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays: Motion carried . Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley None [Clerk 's note : Th is was listed as Item 12 (b) (i) on the Agenda .] 13 . City Manager's Report City Manager Sears d id not have any matte rs to bring before Council. 14. City Attorney 's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourn ed at 9:06 p.m . ' Some Thoughts about the Development of the Acoma Property Notes for the City Council meeting Feb.21.2006 The parking lot in the rear of the 3400 block of Broadway is goi~ be built up starting in the next few months . The whole parking area is involved in the projec~"'"'fhe City Council will make some major decisions in the next weeks. At the merchants meeting we talked about these concerns and have these recommendations: a. It would be a good idea to centralize all the trash dumpsters in an enclosed area for centralized pick up. b. It would be necessary to have some delivery access to the rear of the businesses. c. If the BID and other promotional plans are successful, we will have more people coming to shop in downtown (a good thing) and need to plan for some excess capacity. On Tuesday Feb. 7 at 12:45 pm there were 103 cars in the lot. Traditionally, February and July are two of the quietest months in retail. d. The width of the spaces needs to be carefully thought out. On Friday evenings , about 60-70 nice cars park in the north end for events at the Hobby Shop, the Dojo and the Smoke Shop. The spaces need to be wide enough that the pretty cars will not be dinged. The width of the current spaces is just right. e. A possible financing option is to make the lot large enough for the new residents and the customers at the stores and then sell spaces to the residents. The residents would have permanent guaranteed parking as part of their purchase. The developer could cover a large portion of the expense of the garage by selling spaces to the residents. The businesses would look closely at the same deal if the parking spaces were sold to them. f. During the construction, careful planning would allow some customer parking in the lot. The parking structure should be built first, then the buildings. g. We would like to consider vacating a part of the alley to make outside recreational space behind our stores as part of the commercial improvement. h. A survey of a number of customers during the past week has reached these conclusions. Metered parking on Broadway is a bad idea. Charging people to park in the new lot is a bad idea . I will bring copies of the surveys and a summary to the Council. 1. • There will be a need for employee parking during the construction, the consensus is most employees may need to park further away. For safety reasons, having some close spaces for those handling money would be very useful. It would cut down on the need to carry defensive weapons. J. During the construction, if most of our customers will park on the east side of Broadway, we need to have the mid-block crosswalk put back in . k. When the park is torn out to make way for the parking lot, the trees and bushes should be moved, not destroyed. We could plant some of them in the median.s. Questions? Call Doug Cohn 303 -5 87-2407 c 6a To: Englewood City Council Concerning Development on the 3400 Stock of South Broadway I am the manager at Bonnie Brae Hobby Shop at 3421 S . Broadway and I have a few concerns about the upcoming construction on the lot next to my store and the parking lot behind it. First and foremost is parking for my customers. I would like to know where they will be- asked to park during construction of the parking garage. What about our customers with limited mobility? Where are shop owners and employees going to park? How much access will we have to the alley and the rear of our stores? What will happen with trash service and deliveries? I have heard that there may be plans to install parking meters on Broadway in front of stores. I believe this would be a monumentally bad idea. So I surveyed my customers about parking, and what they would do if parking meters were installed on Broadway. The majority of my customers said they would not used metered parking. Now if the plan behind the meters is to raise revenue for the parking garage, therr I can tell you that you will loose more in sales tax than, the meters will make. This would be a blow to the image most people have of our shopping area. The last thing we need in our current shaky economy is to drive away the people who choose t<l spend their hard-earned money in local area shops. I am also concerned about the access that will be available to trash service trucks and delivery trucks. I take most of my deliveries through the rear door of my store, as do other stores on the block, if access is severely limited, we will have delivery trucks taking up valuable parking on Broadway. I shouldn 't have to tell you what will happen to the trash cans if the trash trucks can't gain access to empty the cans. I would like to see the city council work with the businesses in the area to agree upon access and parking so we have a plan in place before the start of construction later this year-. By working together on this, we can minimize the impact on our customers, and the image of our shopping area that we have worked hard to build and maintain. Thank you, Kathy Burton Manager Bonnie Brae Hobby Shop 303-806-6526 Parking S urve y We are asking our customers to fill out this short survey abourParking on the 3400 S . block of Broadway . We are going to hand these over to the Englewood City Council with the hope that a s uitable parking arrangement can be reached before the start of construction on the block this summer. Thank you for your he.Ip in this matter Please circle the answers to the following questions' How far would you be willing to walk to businesses on South Broadway Less than J block ,, 2-3 blocks l 2- 3-4 blocks B Would you use Metered Parking on Broadway? Yes No Ma ybe ( f.:, If yes, how long? (-3 ,, 'f 5"~ How often do you park in the parking lot on 3400 S Acoma l -2 d a ys pe r month 3-5 days pe r m o nth More 2 {..., . 2$ tt/ I low long d o yo u s ta y at th e s tore (s) Le.ss than I hou1 Mort' than 1 hour More than 2 hour::. IS · 14 2<f \\'ill lad.: of close parkin g inOu e m:e yo ur d ec is io n to frequent s to res in the a re a ? T hanks for fi ll in g this out !1 .... Englewood City Council Feb. 21. 2006. L>oug Cohn You are beginning to consider development ol"the 3400 tilock ors. Acoma property. As a business owner on that block , I would like to share some survey results and thoughts with yo u. We are excited about changes coming to our town . Having up to lit new households of people across th e parking lot from our businesses would be a good thing. Some observations: I . The development is not just Acoma, it is the whole block 2. There is an existing deal/reality/expectation with parking 3. Private developers must include and pay.for all necessary parking-Jon Coo k, Masons 4. Is the City selling the ground lo de,·eloper ? a. Merchants have tried twice to buy lot h. l.f leasing. City is reaping the gain Bonnie Brae Hobbies and Rock) Mountain Budokan took a survey on Wed . Feb. 8th. We \\'anted to get ideas and reactions from our cu stomers about possible changes and how they might affect our busint·sses. We got 78 people to fill out the forms. The summarized results oftlmt s urvey are on th e back of the paper I gave you . I have the originals if you want them . Parking is essential to our businesses, free; close in parking in our city is necessary to keep people coming to our businesses. • 69"/o said the lack of close parking \Vould impact their visits. • 72% said they ,H1uld not use meters on Broadway. • 74% said the y would be willing to walk I block or less to shop. 15 % said they would wa lk 2-J blocks. • 79% stay more than one hour nhe n th cy come to shop. We are most concerned with the construction period. If done 1..-orrectly, there will be a minimum of d1aos for our customers. I. We would urge you to write into the proposal that the parking structure is to be built before the main development. That way, our customers and the construction people will have a place lo park during the higger phase of the construction . 2. We would urge yo u to require a pre-s tress structure. rather than a poured one. ·n,e construction time w ill be much less and the cost not much more. 3. We would urge you to plan alternative parking for the customers during the construction time with signs directing people to the other lots. If we are to use the east side parking lot . the mid-block cros~walk should be put back in. The vacant lot on the corner of Girard and Broadway could hold about 50 cars. 4 . We would like you to allow us to move the plants in th e lillle park and plant them in the planters in the medians Oil Broadway. You can keep the hammer and nail. We are excited about the future of the develtipment and our city. Things are beginning to happen. A lcw )Ca rs from now. downtown is going lo be a real ha()pening ()lace . Please help us achieve that. Tha nk you! IJoug Cohn. 303-587-2407 c. 303-762-11873 h ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 3 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AMENDING ORDINANCE NO. 54, SERIES OF 2005 PERTAINING TO THE TRANSITIONAL PERIOD FOR REFLEXOLOGY LICENSES . WHEREAS, the Englewood City Council passed Ordinance No . 54, Series of 2005 which added Reflexology licensing, including a Transitional Period requirement; and WHEREAS, there are two reflexologists who have practiced their profession for a number of years in the City of Englewood; and WHEREAS, the amount of time the two reflexologists have worked in the City exceeds the classroom training requirement and to obtain additional classroom instruction would be redundant and a financial hardship ; and WHEREAS, the passage of this Ordinance will amend Ordinance No . 54, Series of 2005 regarding the Transitional Period requirement, thus allowing these reflexologists continuing their practice in the City of Englewood; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby amends Ordinance No . 54, Series of 2005 , pertaining to Reflexology, Transitional Period, to read as follows : Section 2. Transitional Period. Any person who can show proof that they were doing business as a Reflexologist in the City of Englewood on or before September I , 2005 and who can show evidence of completion of a Reflexology program but who does not meet the specific educational requirements set forth in 5-8-3(C) EMC above, shall be granted a one (I) -yea-F license to allow them to practice Reflexology if they meet all of the other conditions for the li cen se. After thi s one (I) year grace period the)' must th en meet all educa ti onal requirements for re li eensi11g . Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of th e City of E n glewood , that it is promulgated for the health , safety, and wel fare of th e p ubli c, and th at this Ordinance is necessary for the preservation of he a lth and safet y and for th e protection of public convenience and wel fare . The Cit y Coun ci l further determines that th e Ordinance bears a ra ti onal relation to the proper legis la t ive object so ught to be obtai n ed . Sect ion 3. Severability. I f any c lause, se nt ence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adj ud ged by a court of competent jurisdiction invalid, s uch judgment shall not affect , impair or invalidate 1he remainder of this Ordinance or its applicat ion to other persons or circumstances . 9 bi Section 4 . 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. Introduced, read in full, and passed on first reading on the 6th day of February , 2006 . Published as a Bill for an Ordinance on the 10th day of February, 2006. Read by title and passed on final reading on the 21st day of February, 2006 . Published by title as Ordinance No._, Series of 2006, on the 24th day of February, 2006 . 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006 . Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agend a Item: Subject: Febr uary 2 1, 2006 9 Ci Amendme nt t o Col lec ti ve Bar ga inin g Agreement Bet wee n th e City and th e EFFA for 2005 and 2006 Initiated By: Staff Source: Hum an Resour ces Department Su e Eat o n, Direc t or of Hum an Reso urc es COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Collecti ve Ba rga inin g Agree m ent w ith th e Englew oo d Fir e Fi ght ers Associati o n wa s approved by Council fo r 2005 and 2006 . The proposed amendm en t was discussed during th e Council Stud y Sess ion o n February 6, 2006. RECOMMENDED ACTION Staff req ues ts Counci l 's approva l t o ame nd Article 8, sections B., C., D., a nd E. of th e 2005-2006 Collect ive Barga inin g Agreement w ith th e Englewood Fire Fighters Association. BACKGROUND, ANA!..YSIS, AND ALTERNATIVES IDENTIFIED Per th e City's co ll ec ti ve barga inin g ag re e m ent fo r 2005-2006 w ith th e EFFA, wage increases we re t o be gra nted if ce rt ai n reve nu e projecti ons were ac hi eve d by th e City. After a 1.12% in c rease was g ranted o n January 1, 2005, th ey had t wo m o re op p o rtuniti es t o rece ive wage incr eases if reve nu e projections were m et ( o n Jul y 1, 2005 and October 1, 2005). Th e C ity's reve nu es d i d no t me et pr oj ec ti o ns o n ei th er of th ose da t es , so n o further increases were gra nt ed t o EFFA members. In 2006, th e con tr ac t prov ided t w o addi ti ona l oppo rtuniti es for wage increases, again o nl y if th e C it y's reve nu es me t projections. The first opportunity was o n January 1, 2006 . Th ey were n o t g rant ed an in c rease o n that dat e b ecause the re v enue targets w ere not achieved. The remaining o p po rtunity will occ ur o n Jul y 1, 2 0 0 6. On August 1, 20 0 6 th e co ntra ct prov ides for the union m e mb ers t o m ove 1/4 o f th e way t o th eir m ark et p o int, as ag ree d up o n aft er a salar y survey o ndu t ed in 2005, with o ut reg ard t o th e City's reve nu es. For EFFA th e in c rease w ill b e 2.65% in th ey are 10.6% b ehind mark et. This in c rea se is co ntra ctuall y require d t o b e retroa c ti v e to lanu J r 1, 200 6. Th r 0 111111 nd d co ntra c t am endm ents d esc rib e d ab ove refl ec t th e impl em enta ti o n o f the A ug u t 1, 2006 in r ase o n M arc h 10, 20 06 . FINANCIAL IMPACT The impact of the amendment w ill be approximately $305.13, w hich is an estimation of the interest income lost by ear ly implementation of the sa lary increase . LIST OF ATTACHMENTS Resolution .. RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 8, OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I , 2005 THROUGH DECEMBER 31, 2006. WHEREAS, the Englewood City Council authorized the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 and the City of Englewood for the years 2005 and 2006, by the passage of Resolution 78, Series of 2004; and WHEREAS, the Collective Bargaining Contract for December I, 2005 through December 31, 2006 with the Englewood Firefighters Local No. 1736 provided for wage increases to be granted if certain conditions were met; and WHEREAS , Article 8, Section D, of the Contract provides for a wage increase of 2.65% based on the salary rate in effect in 2005; and WHEREAS, this increase , though not required to be implemented until August I , 2006, will be implemented on March I 0 , 2006; and WHEREAS, this increase will be retroactive to January I , 2006; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby approves an Amendment to the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 . The City of Englewood will implement , retroactive to January I, 2006, a 2.65% increase based on the salary rate in effect in 2005 . Thi s increase is in lieu of the one contractually due to be implemented on August I , 2006 . The City and EFF A agree that the implementation of this increase by the City and the acceptance of th e increa se by EFF A do not constitute a reopening of negotiations for the current Agreement. Section 2 . The Mayor and the City C lerk are hereby authorized to sign and attest this Amendment to the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 and the City of Englewood, Colorado, for the period of January I , 2005 through December 3 1, 2006. ADOPTED AND APPROVED this 21 •1 ofFebruary, 2006 . 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 2006. Loucrishia A . Ellis , City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 2 1, 2006 9 C ii Amendment to Collective Bargaining Agreement Between the City and the EPBA for 2004 -2006 Initiated By: Staff Source: Human Resources D epartment Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Collective Bargaining A greement with the Englewood Police Benefit Association wa s approved by Council for 2004-2006 . The proposed amendment was discussed during the Council Stud y Session on February 6, 2006. RECOMMENDED ACTION Staff requests Council 's approval to amend Article 9, sec ti ons A., B., C., and D . of the 2004-2006 Collecti ve Bargaining Agreement with the Englewood Police Benefit Association . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per th e City 's co ll ective bargaining agreement for 20 04-2006 with the EPBA , wage increases were t o be gran t ed if certain revenue projections were achieved by the City. After a 1.12 % increase was granted on Januar y 1, 2005, the y had two more opportunities t o recei ve wage increases if revenue projections we re met ( on Jul y 1, 2005 and October 1, 2005). The City's re ve nues did not meet projections o n either of those dates, so no further increases we re gran ted to EPBA members . In 2006, the contract prov ided two additio nal opportuni ti es ior wage increases , again on ly if the City 's re ve nu es m ee t projections. The first o pportunity was on January 1, 2006. The y were not gran t ed an in crea se on th at date because the reven ue targets we re no t achieved. The remainin g opportunity wi ll occur on Jul y 1, 2006 . On August 1, 2006 the con tra c t provides for the union members t o move 1/4 of the way to th eir market point, as agreed upon after a salary survey co nducted in 2005 , withou t regard t o th e City 's revenues . For EPBA the increase wi ll be 1.8 % since th ey are 7.2% behind market. This increase is con tra ctuall y required to be retroactive to January 1, 2006 . Th e recomm ended con tr ac t amendments described above reflect the implementation of the August 1, 2006 increase on March 10, 2006 . FINANCIAL IMPACT The impact o f the amendment will be approximately $356.17, which is an estimation of the interest income lost by early implementation of the salary increase . LIST OF AITACHMENTS Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 9, OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2004 THROUGH 2006. WHEREAS, the City Council of the City of Englewood authorized "The Collective Bargaining Agreement" with the Englewood Police Benefit Association for the years 2004-2006 by the passage of Resolution No . 95, Series of2004; and WHEREAS, the Collective Bargaining Contract for 2004-2006 with the Englewood Police Benefit Association provided for wage increases to be granted if certain conditions were met; and WHEREAS, Article 9, Section D, of the Contract provides for a wage increase of 1.8% based on the salary rate in effect in 2005; and WHEREAS, this increase, though not required to be implemented until August l, 2006, will be implemented on March l 0, 2006; and WHEREAS, this increase will be retroactive to January 1, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The City Council of the City of Englewood, Colorado hereby approves an Amendment to the Collective Bargaining Contract between the Englewood Police Benefit Association. The City of Englewood will implement, retroactive to January l, 2006, a 1.8% increase based on the salary rate in effect in 2005. This increase is in lieu of the one contractually due to be implemented on August 1, 2006. The City and EPBA agree that the implementation of this increase by the City and the acceptance of the increase by EPBA do not constitute a reopening of negotiations for the current Agreement. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest this Amendment to the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood , Colorado, for the years of 2004 through 2006 . ADOPTED AND APPROVED this 6th of February , 2006. 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 2006 . Loucrishia A . Ellis , City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 21, 2006 11 a i Alliance for Commerce in Englewood Initiated By: Staff Source: Community D evelopment Department Darren Hollingsworth Economic D eve lopment Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Alliance for Commerce in Englewood (ACE) was established in February of 200 1 to serve as an advisory group to City Council. The group is comprised o f se v en voting members and one alternate member, all appointed by City Council. RECOMMENDED ACTION The ACE committee was subject to a sunset provision by which the Committee terminates five (5) years after its creation. ACE was created by Ordinance number 01-5, adopted. Feb. 20, 2001 and it wi ll terminate by the terms of the ordinance on Feb. 20, 2006. Approval of this Bill for an Ordinance reauthorizes ACE and removes the sunset provision . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ACE has the goal of creating jobs, encouraging investment in capita l, and adding t o the energy of ou r loca l economy. Their goa l is to link the City and Englewood business comm unity throu gh improv ing communication; enhancing th e image of business and prov iding input or analysis on issues of economic impact o n the business districts. This dedicated group has spearheaded initiatives to spur economic v itality in Englevvood by: • Supporting ex isting businesses and loca l businesses retention initiati ve s by star tin g a business v isitati o n program. • Supporting initiati ve s t o enh an ce and di ve rsify th e Englewood's eco n omy by recommending th e crea t ion o f a vo id analys is and Englewood clust er ana lys is . • Spearheading the initiati ve t o crea te an economic development strategy for Englewood . This two ye ar initiative c rea t ed Englewood 's first co mprehensi ve l oo k at economic development in thi s co mmunity. FINANCIAL IMPACT Th er are n o in c rea se d financial impac ts associated w ith this Bill for an Ordinance. LIST OF ATTACHMENTS Bill f r an Ordinance ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR /I 11. i COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDmON OF A NEW CHAPTER 11, REESTABLISHING THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, business activities are important to the very essence of the City of Englewood's community; and WHEREAS, the City Council recognizes the importance of business and citizen involvement in local government; and WHEREAS, the advisory committee focusing on the business community has helped create an environment which is supportive of Englewood businesses; and WHEREAS, by the operation of the Sunset provision in the original Ordinance creating ACE, the Committee terminated on February 20, 2006; and WHEREAS. the Englewood City Council wishes to continue the benefits of ACE to the City; 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 hereby approve ~ amer.d 11 1g Title 2, of the Englewood Municipal Code 2000, by adding a new Chapter 11. reestablishing the Alliance for Commerce in Englewood (ACE), which shall read as follows: 2-11: 2-11-1: ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE): PURPOSE: The Alliance for Commerce in Englewood (ACE) is established as an advisory group to the City Council, focused on the creation of an environment in which existing business can thrive and new business can prosper. The quality of life enjoyed by the residents of Englewood is directly impacted by the vitality of the bu s iness community . ACE will strengthen the Englewood community by supporting the bu s ine ss community that creates jobs, invests capital and adds to the energy of our lo cal eco nomy while maintaining our environment and lifestyle . ACE will link the City and the Englewood business communi ty , fostering methods of successful interaction thro ugh improved com muni ca tion , more efficient focus and overall enhan ce ment of the local economy as well as providing a conduit for outreach to other organizations and a regional focus . -1- 2-11-2: COMPOSITION AND MEMBERSHIP: ACE will be comprised of seven (7) members appointed by City Council. Business ownership and/or management and commercial property ownership and/or management shall be a requirement for membership without regard to residency . A diverse group of representation is desirable and may come from retail, office and industrial sectors. including at least one member from the Greater Englewood Chamber of Commerce membership. The City Council shall make appointments to fill vacancies for unexpired terms. Council shall consider input as to potential appointees from staff. ACE and the Greater Englewood Chamber of Commerce. 2-11-3: TERMS OF MEMBERS: Initially the terms shall be as follows: two (2) members shall be appointed to a term of one (I) year; two (2) members shall be appointed to a term of two (2) years; and three (3) members shall be appointed to a term of three (3) years. Thereafter, members shall be a ppointed to overlapping terms of three (3) years. 2-11-4: COMPENSATION: A. The members of the ACE shall serve without compen sation. 8 . Reasonable expenses directly related to performing the duties of th e ACE sha ll be allowed. 2-11-5: POWERS AND DUTIES: The Alliance for Commerce in Englewood (ACE) shall have the following powers and duties: A. = 8 . Provide input or analysis on economic impacts on the business di stricts of the City . Review of City regulations and policies to provide input on regulatory impac ts to the bu s iness community. C. Consider commun it y issues for potential implementation in community development activities . D. E. F . = Work collaboratively with City staff to obtain reasonable and creative problem solving for the betterment of the commercial interests in Englewood . In cooperation wi th the City , work to enhance the image of the business districts in the City through combined marketing programs and image enhancement campaigns . Assist the City in expanding outreach opportunities including work with other organizations and regional issues. -2- 2-11-6: APPOINTMENT OF OFFICERS AND ADOPTION OF RULES: A. ACE shall organize, adopt administrative rules and procedures and elect from its members such officers, as it shall deem necessary to accomplish its purposes. Officers of ACE shall be elected for one-year (I) terms. No officer shall serve in the same capacity for more than two (2) consecutive terms. B. The chairperson may appoint such standing or s pecial sub-committees from the membership of ACE. as the Chairperson shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each sub-committee shall be determined by the chairperson . Section 2. The current members of ACE will continue to serve pursuant to the Resolutions appointing them. 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 thi s 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 it s application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portion s thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsi stency 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 s hall not release , extinguish, alter, modify, or change in whole or in part any penalty , forfeiture, or liability , either civil or criminal, which shall have been incurred under such provi sio n, and each provision s hall be treated and held as still remaining in force for the purposes of sus taining any and all proper actions, suits, proceedi ngs, and pro sec ution s for the enforcement of th e penalty, forfeiture, or liability, as well as for the purpo se of s us taining any judgment, decree, or order which can or may be rendered, entered, or made in s uch actions, suits, proceedings, or prosecutions. Introduced , read in fuJI , and passed on first reading on the 21st day of February, 2 006 . -3- Published as a Bill for an Ordinance on the 24th day of February, 2006. 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 21st day of February, 2006 . Loucrishia A. Ellis -4- -iw RESOLUTIONNO. (I ~~ ·\._\)..,S,~[cY ~- SERIES OF 2006 ~~U ID /~ A RESOLUTION SUPPORTING THE PASS THE "COLORADO CLEAN INDOOR AIR ACT" ALSO KNOWN AS COLORAD SE AT BILL 06-1175, PROHIBITING SMOKING IN INDOOR ENCLOSED AREA: MAKING ALL COLORADO WORKPLACES, INCLUDING RESTAURANTS AND BARS SMOKE-FREE . WHEREAS, it is the mission of the City of Englewood, Arapahoe County , Colorado to protect public health; and WHEREAS, secondhand smoke is a combination of the smoke in the air from a burning tobacco product and the smoke exhaled by a person smoking; and WHEREAS, the U. S . Surgeon General reported in 1986 that secondhand smoke is the number one source of indoor air pollution; and WHEREAS, secondhand smoke contains over 4 ,000 chemicals including arsenic, acetone, carbon monoxide, and radioactive elements; and WHEREAS , secondhand smoke is classified by the U.S . EPA as a Class A carcinogen , putting it in the same group as asbestos , radon , and benzene , for which there is no safe level of exposure; and WHEREAS, secondhand smoke creates a health threat to the majority of our residents and particularly to our children, pregnant women and their unborn children ; and WHEREAS, each year nearly 60,000 adult nonsmokers in the U .S . will die from lung cancer, heart disease, respiratory diseases and other cancers due to secondhand smoke exposure; and WHEREAS, workers, exposed to secondhand smoke in the workplace are at increased risk for cancer, heart disease, stroke and respiratory disease; and WHEREAS, non-smoking workers are routinely exposed to significant levels of secondhand smoke , such as restaurant and tavern employees, who triple their risk for lung cancer; and WHEREAS , there are numerous people in the City of Englewood working in restaurants and bars ; and WHEREAS, ventilation systems are designed to remove the odor of smoke, but not a ll the carcinogenic and disease-causing agents; and WHEREAS , based upon current scie ntifi c infom1ation, even the newest ventilation technologies under ideal conditions are incapable of removing a ll secondhand smoke and its to xic constituents from the air: and WHEREAS, research has shown the elimination of smoking in public places and places of employment help s reduce the number of young people who initiate smoking and increases th e number of smokers who success fully quit smoking ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORA,00, THAT: Section 1. The City Council of the City of Englewood, Colorado supports the "Colorado Clean Indoor Air Act" also known as Senate Bill 06-1175 , to update the States smoking policies to: (a) Protect the public health and welfare by prohibiting smoking in public places and places of employment; and (b) Guarantee the right to breathe smoke-free air in public places and all places of employment; and (c) Recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. To make all Colorado workplaces, including restaurants and bars smoke-free. ADOPTED AND APPROVED this 21 •1 of February, 2006. 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 2006. Loucrishia A. Ellis , City Clerk RESOLUTION NO .~ SERIES OF 2006 A RESOLUTION SUPPORTING THE PASSAGE OF THE "COLORADO CLEAN INDOOR AIR ACT" ALSO KNOWN AS COLORADO HOUSE BILL 06-1175, PROHIBITING SMOKING IN INDOOR ENCLOSED AREAS , AND MAKING ALL COLORADO WORKPLACES , INCLUDING RESTAURANTS AND BARS SMOKE-FREE. WHEREAS, it is the mission of the City of Englewood, Arapahoe County, Colorado to protect public health; and WHEREAS, secondhand smoke is a combination of the smoke in the air from a burning tobacco product and the smoke exhaled by a person smoking; and WHEREAS, the U. S. Surgeon General reported in 1986 that secondhand smoke is the number one source of indoor air pollution; and WHEREAS, secondhand smoke contains over 4,000 chemicals including arsenic, acetone , carbon monoxide, and radioactive elements ; and WHEREAS, secondhand smoke is classified by the U .S. EPA as a Class A carcinogen, putting it in the same group as asbestos, radon, and benzene, for which there is no safe level of exposure ; and WHEREAS, secondhand smoke creates a health threat to the majority of our residents and particularly to our children , pregnant women and their unborn children; and WHEREAS , each year nearly 60,000 adult nonsmokers in the U .S . will die from lung cancer, heart disease, respiratory diseases and other cancers due to secondhand smoke exposure; and WHEREAS, workers , exposed to secondhand smoke in the workplace are at increased risk for cancer, heart disease, stroke and respiratory disease; and WHEREAS, non-smoking workers are routinely exposed to significant levels of secondhand s moke , such as restaurant and tavern employees, who triple their risk for lung cancer; and WHEREAS, there are numerou s people in the City of Englewood working in restaurants and bars; and WHEREAS, ventilation systems are designed to remove the odor of smoke, but not a ll the ca rcinogenic and disease-causing agents; and WH EREAS, based upon current sc ientifi c information , even the new es t ve ntilation technologies under id ea l conditions are in ca pa ble of removing a ll secondhand smoke and it s to xic con stitu ent s from the ai r: a nd WI IEREAS, researc h has s how n th e e limination of s moking in publi c places and places of employment he lp s reduce th e number of you ng peop le who initiate smo king and increases the number of smoke rs who successfu ll y quit smo kin g ; .. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado supports the "Colorado Clean Indoor Air Act" also known as House Bill 06-1175, to update the States smoking policies to : (a) Protect the public health and welfare by prohibiting smoking in public places and places of employment; and (b) Guarantee the right to breathe smoke-free air in public places and all places of employment; and (c) Recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. To make all Colorado workplaces, including restaurants and bars smoke-free. ADOPTED AND APPROVED this 21 •1 of February, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for iyCity of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . ~. Series of 2006 . Loucrishia A . Elli s, City Clerk 0 ( ---- M E M 0 R A N D u M TO: Dan Brotzman, City Attorney FROM: Janet Grimmett, Housing Finance Specialist DATE: February 9 , 2006 SUBJECT: Delinquent Rehab Loan #379 Yesterday, the Rehab Loan Committee recommended initiating foreclosure on Rehab Loan #379, Ricardo and Rena Gali, 3279 W. Tufts Ave. The family has not made a payment since Sept 6, 2005 and they failed to make a promised payment by January 20, 2006 . Attached is a copy of their deed of trust and promissory note . Please let me know what other information you need . I will notify Central Cashiering not to accept any monies from them at this time . Attachments cc: Bob Simpson , C D Director Harold Stitt , CD Manager ,. 'J1I"" /,_ . )' I ~ ,r I f.. 1 . -,; ' '7 1 ~Jr f:Ee · ·, 0 9 ~~ " . '~ ' .. \ I ;: .. . ,-, ,,. f'", •" II ',:-·( / ~·-· ...... \ . "l •' ·~. ~-. ') J ... -·/ . j 1000 Englewood Parkway Engl wood, Colorado 80110 PHONE 303 -762-2342 FAX 303 -783-6895 www.ci.e nglewood.co .us 1. 2. 3. 4. 5 . Call to orde"J: £p.m. Invocation lb,~ Pledge of Allegiance ~ Roll call Members: ~ Tomasso~ Moore -A- Barrentine Oakley V McCaslin V Woodward v and v-Mayor Wolosyn le present I absent~ cc '%@ minutes ~ moved COUNCIL • M ting working not 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 21, 2006 -1% The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at z;391l.m . 2 . Invocation ..- The invocation was given by Council Membert:lr~C;li~ 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Council Members Tomasso , Moore , ea11cr,tiRa,. Oakley , Mccaslin , \ 1 ,) Woodward , Wolosyn · ( 0b'v v-' J Present: Absent: Nene~V>vrl~ &" ~\ A quorum was present. ~ ,10 c9 '-" Also present: City Manager Sear/ / ( v:,v'< ~W'l \ O)'f:o City Attorney Brotzman J ~~ \j\J Deputy City Mc)'lager Flaherty ~ City Clerk Elli! / / X Deputy City Clerk Bush . ~ \\Q~niirector Olson , Safety Services .\\\)~ ~ Director Gryglewicz, Finance and Ad_µ,inistrative Services / v--Lj, -~ · Director Eaton , Human Resources./ / 1, ~ '~':\ Economic Development Coordinator Hollingsworth , Community Development 0,t oJ'~ ~ice Consideration of Minutes of Previous Session _, ... J ,.,,a A A (a) COUNCIL MEMBEJ{\Ul~~ED , AND IT WAS SE~~O APPROVE THE MINUTES 5. OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 6 , 2006 . Ayes : Council Members Barremltre; Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley / -_. 0 Nays : None W Motion carried . Recognition of Scheduled Public Comment 1- ~0 SI S Jl t.i:(.A..ur, \ ~1 (a) Doug Cohn will be present to discuss the ~coma Street Development. _____ some thoughts about the development of the Acoma property . The parking lot , in the rear of the 3400 block of Broadway, is going to be bu ilt up starting in the next few months . The whole parking area is involved in the project. You , the City Council , will make some major decisions in the next weeks . At the merchant's meeting we talked about these concerns and have these recommendations . It would be a good idea toJ~~tral ize all the trash dumpsters in an enclosed area for centrplized pick-uij . It-would be necessary to have f~ 1~ ~ a/1.L /1.VI \/()US . 0 /Y)l,1 tUJ)W JO Cook-flt, ~)j m,t~i~ 6k OJ(){,{fµ,l}Cuj- Englewood City Council February 21, 2006 Page2 some delive access to the rear of t~n~ t~~ ~!al t~e successful, we will have more ople coming to shop in downtown, which is a od thing, and we will need to plan for some excess capacity. Tuesday, February ?'h at 12:45 p.m . t re were 103 cars in the lot. Traditionally, February and July are two of t quietest months in retail. The w· of the spaces needs to be carefully thought out. On Friday evenings, about to 70 nice cars park in th orth end for events at the Hobby Shop, The Dojo and The Smoke Shop . The space eed to be wide eno so that the pretty cars will not be dinged . The width of the current spaces is just right. ossible finan · g option is to make the lot large enough for the new residents and the customers at the stores d then II spaces to the residents. The residents would have permanent guaranteed parking as part of their p ase . The developer could cover a large portion of the expense of the garage by swelling spaces to the re ·cien The businesses would look closely at the same deal, if the parking spaces were sold to them. Duri the constr ·on, careful planning would allow some customer parking in the lot. The parking structure sho d be built first, the e buildings . We would like to consider vacating a part of the alley to make outside r reational space, behind o tores, a part of the commercial improvement. A survey of a number of c omers during the past week has ached these conclusions . Metered parking on Broadway is a bad id . Charging people to park in the new lo · a bad idea. There will be a need for employee parking ring construction. The consensus is that most loyees may need to park further away. For safety reaso , having some close spaces for those handling mone uld be very useful. It would cut down on the ed to carry defensive weapons . During the construction, if mo f our customers park on the east side o roadway, we will need to have the mid-block crosswalk put back in . n the park is torn out to make w for the parking lot, the trees and bushes should be moved, not destroyed . We could plant some of them · the medians . We are very excited to see new things happening, just concerned about the .details . Do you have any questions? record. 3,<f07 · Recognition of Unscheduled Public Comment 34{p There were no unscheduled visitors . Communications, Proclamations and Appointments There were no communications , proclamations or appointments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first readin9J (See Agenda Item 11 .) /1) COUNCIL MEMBERIDU\tli~ED, AND IT WAS s~W.{/fffto APPROVE CONSENT AGENDA ITEMS ?~'""' 9 (b) (I) and 9 (c) (I) and (11). ft;J -0 ~ (b) Approval of Ord inances on Second Read in g (i) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 3 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANC E AMENDING ORDINANCE NO . 54 , SERIES OF 2005 PERTAINING TO THE TRANSITIONAL PERIOD FOR REFLEXOLOGY LICENSES . (c) Resolut ion s and Mot ions (i) RESO LUT ION NO . _, SE RI ES OF 2006 Englewood City Council February 21, 2006 Page3 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 8, OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2006 . (ii) RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION AUTHORIZING AN AMENDMENT TO ARTICLE 9, OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2004 THROUGH 2006. Vote results: Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays: None Motion carried . 10. Public Hearing Items No public hearing was scheduled before Council. ~(/b 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department and the Alliance for Commerce in Engl~wood to ad9pt a bill for an ordinance reestablishing the Alliance for Commerce in Englewood. QAft ::, / 3'0 />DO;;>-, COUNCIL MEMBER {J)aJdMJa...gvED, AND IT WAS 1~~8. TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 4. h-Q couNc1L BILL No. 4, 1NTR0DucED BY couNc1L MEMBER Woo l,u/1/ld A BILL FOR AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 11 , REESTABLISHING THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Motion carried. Ayes: Council Members Barrentine , Mccasli n, Moore , Wolosyn , Woodward , T omasso , Oakley Nays: None Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda.) L\,l.g ~ (c) Resolutions and Motions There were no addit ional resolutions or mot ions subm itted for approval. Agenda.) (See Agenda Item 9 -Consent t\\o~12. General Discussion ~+. C,b ~treaJ- W">lvn~"P1 ,loon ~: 3D i>,., (a) Mayor's Choice /,,vJ~ I 111..iAck.. {.p ·;, 'l~\ Englewood City Council February 21, 2006 Page4 Mayor Wolosyn did not have any matters to bring before Council. (b) Council Members' Choice A RESOLUTION SUPPORTING THE PASSAGE OF THE "COLORADO CLEAN INDOOR AIR ACT" ALSO KNOWN AS COLORADO SENATE BILL 06-1175, PROHIBITING SMOKING IN INDOOR ENCLOSED AREAS, AND M IN COLORADO WORKPLACES, INCLUDING RESTAURANTS AND BARS SMOKE-FREE. VoterNults: Ayes: Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Motion carried. (i) (ii) (iii) 56\ (iv) '5" .3 (v) ~~ (vi) Council Member / n (!. Ca,~ Council Member Council Member Council Member<T () Y>i.tv.> 10 Council Member /)) I'.> DdWM d Council Member ii! • 13. City Ma~~ (:, (p IP -)D~ City Manager Sears did not have any matters to bring before Council. • ,. • ' I~ • • ,. ~ z ' 7, ,, I ~ 'I ~ • • " I ~ l I r{{3 14. City Attorney's Report (a) City Attorney Brotzman -Gali Rehabilitation Loan Foreclosure. 8-;;)7q UJ ~ fJV ~ COUNCIL MEMBER nw~ MOVED, AND IT WAS ~~~t6: TO APPROVE THE GALI +~ f REHABIUTATIONLOANFORECLOSURE. //Ll).. -b +u.JL ·fv /){iA , 0 1~ 0 __ 11 1.,111.L Vote l'NUlts: fby ti-1~ f">U'1 I}~ Ayes: Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, TNoneomasso, Oakley / __ O ~ Nays: (0 -tJ Motion carried. f'CJiO 15. Adjournment , 1 ,. MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at /, $ 7.m . Englewood City Council February 21, 2006 Pages City Clerk • 1 . 2 . 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, February 21, 2006 7:30 p.m. Eng lewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 all to order./;< Invoc at ion . f!lt.~ Pledge of Allegiance . ~ 5 . Consideration of Minutes of Previous Session. ~ -0 Minutes from the Regular City Council meeting of February 6, 200~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) /K "a. /' Doug Cohn will be presen t to discuss th e Acoma Street D eve lopm ent. ~~ 7. 8 . 9 . Recognition of Un sc heduled Public Comment. (Please limit yo ur pr ese ntation to five minute s. Time for un sc hed ul ed public comment m ay b e limited to 45 minutes and if limit ed sha ll be co ntinu ed to G en era l Di sc u ss ion .) ~ Cpns, Procl ama tions , and Appointmen ts. Co n se nt Agenda It em s. ... . ~ b . ApffOrdinancesonFirstR eadin~ ~lo /r/..,._e_f 'f-if Approva l of Ordinances on Second Rea ding. o un cil Bi ll No. 3, amend ing t he t ransi ti onal p riod f r th RC'Oe o lo Li Engl ewood C ity Coun c il Age11cl .1 Febru ary 2 1, 2006 Page 2 c. Reso lutions and Mo tions . ii . Recommendation from th e Human R so urce s D epa rtm ent to adopt a reso luti on appro v ing an am endm en t to c li ons of th e 2005-2 006 Co ll ec ti ve Bargaining Agreement wi th th e Engl ewood Fir e Figh ters Associat ion regarding timing of wage increases. STAFF SOURCE: Sue Eaton, Director of Human Resources. Recommendation from th e Human Reso urces D epar tm ent to adopt a resolution approving an am endme nt to sec tions of th e 2 004-20 06 Co ll ective Bargaining Agreement wi th th e Englewood Polic e Benefit Associ ation reg ard ing timing of wage increase s. STAFF SOURCE: Sue Eaton, Director of Human Resources. 10 . Public Hearing Items. (No Public Hearing Scheduled .) ~ 11 . Ordin anc es, Resolutions and Motions. a. Approval of Ordin ances on First Reading. b . C. i. Co u ncil Bill No. 4 -Reco mm enda ti on from th e Comm un ity Developm ent D epar tm ent and th e Alliance for Commerce in Englewood to adop t a bill for an ordinance reestab li shing th e Allian ce for Commerce in Eng l ewood. STAFF SOURCE: Darren Hollingsw~~~h, _co'!1~~-nit_y ~7velopment Economic Development Coordinator. ~ Appro~ Ordinances on Second Readi ng. Reso lution s and Mo tions. fr 1-. Ge ner.ii Di u ss ion : ,1 . M.1 hoi e . b . Co unul /\\ mb r ·' hoi ~ 3k i . R,•,Cll ul ion ,n su ppocl of 1hc ~~-0 olorado lea n Ind oor Air Act.~ ~ 1 3. i t M,111.1 gcr' <'por t. 1-t. "i t tt nw \ Rrp rt. ~~.,h R!'h,1li,li 1.11,011 L ,u, For I u r ·/kJJ1U-- l'l,•.,,P 11 0 1,· II\ 1111 h,l\ 11 ., d1~.,1>1h t '.111d ll('l'cl .1u\ll1.1r .ud or en Ile , pl as l HI l ~c,.! .!-Hl 7l ,1l ll•,1 I 48 hour 111 ,Hf,.111< P of wlw11 ~erv1te .ir n wood , Englewood City Council Ag enda February 21 , 2006 Page 3 15. Adjoumm ent. {) ef) The following minutes were tran smitted to City Council between February 3 and February 16 , 2006 : • Cultural Arts Commission meeting of January 4, 2006 . • Firefighters' Pension Board meeting of February 10, 2006. • Keep Englewood Beautiful Commission me eting of Janu ary 10 , 20 06 . • Liquor License Authority telephone polls of Dece mber 21 , 2005 , Janu ary 4, January 18, February 1, and February 1 5, 2006. • Parks and Recreation Commission m ee ting of Janu ary 12 , 2006. • Police Officers' Pension Board meeting of February 10, 2006. • Public Library Board meeting of January 10, 2006. • Tran sportation Advisory Committee meeting of January 12, 2006. of Eng lewood OU.