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HomeMy WebLinkAbout2006-11-06 (Regular) Meeting Agenda Packet.-- Regular City Council Meeting November 6, 2006 Ordinance# ~~?, 'Y, t£. i 44, 45, 46, 47 Resolution# p,(, al.¥, 8,(85, 86, 87, 88, 89 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 6, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:32 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, 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 Long, Library Economic Development Coordinator Hollingsworth, Community Development Director Gryglewicz, Finance and Adm inistrative Serv ices Operations Superintendent McCormick, Utilities Police Commander Watson , Safety Services Fire Division Operations Chief Pattarozzi , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2006. Mayor Wolosyn asked if there was any d iscussion . There was none . Vote results : Ayes : Nays : Abstain : Motion carried . Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward , Tomasso None Council Member Oakley 6 . Recognition of Scheduled Publle Comment (a) Rhea Dodd , a resident of Morrison , sa id I am a veterinary behavior consultant, practicing in Lakewood . A responsible Counc il member , you want and , indeed , need to keep Englewood safe . To ttract Englewood City Council November 6, 2006 Page 2 commerce and homeowners , citizens need to know that they can enjoy walking the streets in peace. Part of providing this protection involves animal control. We simply can 't have dangerous dogs at large . But what is a dangerous dog? A dangerous dog is one that causes bodily harm to people or other animals. Are pit bull breeds more prone to such aggression? The evidence would say no . They are dogs, plain and simple . Just as in any other population of dogs , a minority are dangerous . The vast majority kept as pets are friendly companions . A just law, regarding dangerous dogs , must address behavior of a particular animal and not prejudicial stereotype . People who don 't know these breeds might wonder why anyone would have a pit bull. They have been vilified in sensationalistic media reports and portrayed as demonic , easily provoked and likely to turn at any minute. In my 14 years in veterinary practice , this simply has not been my experience . I would like to take a few moments to address the many myths surrounding pit bull breeds and the facts regarding dangerous dogs. Myth : Pit bulls are a danger to citizens and postal carriers . Fact: Dogs that run at-large, especially multiple dogs running together , can be dangerous . We need to provide animal control with the necessary resources to keep these dogs contained. This is true regardless of breed . Myth : Pit bulls have stronger bites than other breeds . Fact: Large dogs do more damage . An aggressive pit bull is a problem , just as an aggressive Saint Bernard or Great Dane is a problem . The size of a dog determines bite-pressure . Myth : Pit bulls have locking jaws . Fact: As a veterinarian , I can assure you that they have normal jaws , just like any other dog . Myth : Only drug dealers and other undesirables would own a pit bull. Fact: As a behaviorist , I can tell you that there are many gentle pit bulls that are stable, happy, well-socialized family pets . Council members are right to be concerned about guard dogs and dog fighting. Laws can be crafted that address these dangerous animals , but spare otherwise innocent members of the same breed . Myth : Towns without Breed Specific Legislation become dumping grounds for pit bulls from surrounding communities. Fact: People are not dumping their pets . Pit bull owners are simply trying to live normal lives, just as golden retriever owners or lab owners do . They are moving to towns with fair , rational laws , because this is their best housing option . The only dumping I have seen is at area shelters , where otherwise happy, healthy dogs have been surrendered for euthanas ia , becau se people cannot afford to comply w ith BSL restrict ions . Th is pract ice wastes an imal control resources , that cou ld be better spent addressing real problems . To personalize the issue , I want to introduce you to a couple of my pit bull patients , so you can understand why I am devoted to this issue. I hope you can trust me when I say that these are typical pit bulls . A far cry from the mythical image the med ia has created . It is essent ial that as Council members you understand that sanct ions , including death , placed upon gentle , well - loved pets in unconscionable . You have a choice to make ; you can make a reactionary law based on fear , or you can rat ionally address the facts in order to keep Englewood safe for all citizens . (Dr . Dodd passed out pictures of the pit bulls as she spoke about them .) She said the first dog that I would like you to see is Moses . In one of them , he is dressed in h is holiday finery . You can see from the picture that Moses has eye damage and fac ial paralys is on the right s ide of his face . He was brought to an emergency hospital as a four month old puppy , by the housemate of a man who beat him into a state of unconsciousness . The left side of his face is pe rmanently p ar alyzed f rom the beat ing . He also had heal ing rib fractures , as well as fresh rib fractures , wh ich w ere discov ered by the emergency vets . Instead of becom in g vi c ious , he is gentle and trusting , w ith a goofy playful nature . He is so gentle ; I wo uld let h im pl ay wit h my chil dren . He now lives happily w ith two othe r pit bulls rescued by the same owner. Fortunately, his former owner got seventeen months in prison for fe lo ny animal cruelty . The next dog I would like to introduce you to is Crockett. She said Crockett's mother is half pit bull and half whippet and his father is Australian Shepherd . Crockett had his tail amputated with rose pruners , when he was just one day old . He was soon after rescued by my client , along with his mother Daisy. He was a gentleman, always appropriate, well traveled and well loved . She said I treated him for many months for his arthritis and he was always a day brig hten er, co ming in with a smile on his face . W hen his ow ner first mov ed to Denver, she registered him as a pit bull cr oss . The next day animal control visited, preparing to im pou nd the dog for euthanasia . Due to his gentle loo k and nature, he was given a pass . While I am delighted this gentleman of a dog was not killed , the fact that he could pass , despite known pit bull descent, is unjust. If he had a larger head, would he have been exterminated? This is simply capricious . Denver's Breed Specific Legislation has no provisions exempting dogs for good behavior . These are good dogs, with good families that love them very much . Please choose to protect them and others like them from harm . Please choose not to inflict undo violence against man 's best friend . Thank you for your time . Council Member Moore said may I ask for a point of clarification? He said I don't normally ask at this time, but I will take advantage of your experti e You stated ... l could probably look it up in your speech ... that the weight or size of the dog is what matters . He asked what is the average we ig ht of a pit bull? Dr . Dodd replied that it depend on the individual dog . In pit bulls , it is i."n portant to know that there are several d ifferent breeds that are cons1d r d pit bull type dogs . So , ;, epends which of those you are speaking about. On average , I would say , Englewood City Council November 6, 2006 Page 3 about 55 pounds . Mr . Moore asked what is another 55 pound dog that comes to mind? Dr . Dodd replied Australian Shepherd ... Lab, although that is probably heavier. Mr . Moore said okay that is good and are you really asserting that those dogs are equivalent in the damage that they can do? Dr . Dodd replied it is not my assertion , but the finding of a large study done by the Center for Disease Control that determined that the size of the dog , determines the damage that that dog can do . So , Saint Bernard 's have killed ... Great Danes have killed ... Mr. Moore stated that was not what I had asked . He said you have two 55 pound dogs ... all of the other things that you have raised makes sense, but to say that there is not a difference , I just can't grasp that for the 55 pounds of dog, the muscle in the jaw region , the muscle in the head, exceeds that of other breeds of the same weight. Dr . Dodd said not necessarily . It depends upon the individual dog and it depends if that dog is aggressive or not. The damage any dog is going to do ... Mr . Moore asked why are they popular for fighting? I am beyond ... I will work with you after this ... just when you present myth and fact and ignore what seems to be an obvious capability , it doesn 't make sense, so if it is my ignorance ... I'm trying to understand it, but that just flies in the face of obvious . All of the other issues aside, to say it is just the size of the dog that makes a difference and therefore an 80 pound dog is more dangerous ... Dr . Dodd stated that this is a conclusion that was drawn by a panel of scientists from the Center for Disease Control , a national group of scientists, that looked at data . Mr . Moore responded that I'm questioning ... statistics are beautiful in that you can make them say anything . That is why I was curious about your professional opinion . I visibly think that when I look at a pit bull, I can see more muscle in the jaw region and I don't understand how that could be irrelevant to the dog's ability. And I need to get over that , to appreciate these counter arguments . But, I will talk to you outside of this. I just wanted to see if there was a clear answer for that. Dr . Dodd stated that it is important to recognize too that not every pit bull has a huge head or huge jaw. There is a great deal of phenotypic variations and that my main point is that it should be behavior specific legislation and not just breed . Mr. Moore said I understand that, but I don't like the complete dismissal of obvious differences , which is part of the problem in a lot of the material that we get on this is it downplays ... some of the stats ignore and try to play down obv ious physical capab ilities . I am try ing to get through all of that. I just needed that clarificat ion . We have lots more discuss ion on this to go and this is part of the research that I am doing on my own , as well as probably every other Counc il member. So , thank you . (b) Sue Goodin said I am with the Progressive Health Center , wh ich is located on the Swedish campus . Our address is 701 East Hampden , Suite 225 . With her was Mary Collins who said I am the nurse and nutritionist at the Center. Ms . Goodin said we just want to address Council as we are a new business in Englewood . We are a non-profit. We have partnered with Swedish Medical Center and Craig Hospital to provide services to people that are looking for complementary and holistic therapies ; that are suffering from neurological d isease , oncology , gastro-intest inal imbalances with hormones and people who are look ing for help that are facing chron ic cond itions . We have been research ing th is project for the last yea r and half and we are finally open ing on December 4 , 2006 . We just wanted to come and tell you all about o ur new program and hopefully get the support we can get from the C ity of Englewood . Ms . Good in sa id I h ave more material s if you all are inte rested . Mayor Wolosyn d irected he r to leave the ma terials w it h the City Clerk . Mayor Wolosyn said thank you and welcome . (c) Nathan Elinoff, a business owner in Englewood , said thanks for giving me the chance to speak tonight. As you know, my personal friend, the President of the United States, came to Mile High Coffee shop the other day. We didn't ge t a chance to talk very much; mainly because I'm busy, but next time he will do it at Fun tas tic, because I kn ow he likes cotton candy . He said that was funny. [There was laughter .) I have two rental homes that are completely falling apart and they are a terrible eyesore on South Acoma . I am trying to find a way to tear them down and make a parking lot. I collect $650 .00 for the large one, which is 1200 square fee t and $550 .00 for the small one, which is only 600 square feet, the size of this box right here . And so, because of tha t , the type of clientele that these ren tal units attract are very low income , or Just basic troublemakers, who don't pay their rent or utilities, they damage the property, and although I don't allow any dogs on the property, they seem to disobey the lease and I seem to call Larry Medina a lot. The vicious dogs that are on the property disturb the neighbors and scare my customers . Frankly, I don't blame the neighbors . They have a right to complain . I've looked to investing $50 ,000 .00 more per house to improve them ; however they will be over improved and no one is going to pay $1200 .00 or $1500 .00 for 600 quare feet or 1200 square feet. So , I have a deal here . I would forgive $14 ,000 .00 a year in rental incom , v ry y ar , from these two houses , if I don 't have to deal with these problems . I would li ke th City to h ir con ultant or appra i r of your choice and at my xp nse , to prove that if the City would tear down th horn nd rep v th into a Englewood City Council November 6, 2006 Page 4 n ice park ing lot , w ith trees and prope r landscaping, s im ilar to the Kaiser Permanente bu ilding, that my property would not increase in value whatsoever ... only that I would lose $14 ,000 .00 per year in rental income . The neighborhood would benefit greatly from this transformation . There wouldn 't be any more cr ime , any more drugs or bad tenants and the problems would disappear. This would also help sell my property to a respectable developer in the very near future , which will generate sales ta x revenue from the redevelopment , which is estimated to be $50 ,000 .00 a year . Presently, for the last 12 years, I haven 't collected it , so that 's $600 ,000 .00 that the City has lost in revenue . The City of Littleton did j ust this same thing for the Reinke Brothers on Sou th Prince . Their parking lot was the same . It was an eyesore to the neighborhood . There were people parked there ... the litter ... the drugs ... and the City, basically, repaved it. It also allows other store owners to let their customers' park in the parking lot , which kept the public from spilling into the neighborhood streets , similar to my problems . So it is a win/win situat ion for everybody. I'm asking for the same consideration , because it would help clean up the neighborhood, stop the problems coming out of these rental units and help facilitate the sale and redevelopment of my existing site , without adding va lue to my property, whatsoever. Thank you . Mayor Wolosyn said thank you . She said that we don 't usually discuss these things during this time, but if you stay around during Council's Choice , someone might bring it up . Mr . Elinoff asked how do I go about. .. Mayor Wolosyn said it's a short meeting and we 'll be at that point of the meeting relat ively soon . Mr. Elinoff sa id okay , is this the proper forum for me to bring this up? Mayor Wolosyn said yes , for you to present it and we may br ing it up for future act ion during our Council Choice, at the end of th is agenda . Mr . Elinoff said right and if I apply for the money, is there a step process that I go to? Mayor Wolosyn said you could stay here and listen to what we direct staff to do, whenever that time comes in the meeting, okay? She said usually this is the time where people present the issues to us and we don 't usually engage in a dialogue . She said then if you stay here for maybe 15 m inutes , I am su re that there will be some action taken on th is . Mr . Elinoff said okay. Mayo r Wolosyn said thank you . Counc il Member Barrent ine sa id as you witnessed , it happens fr om time to time , and I wanted to as k one question . Did you provide a copy or could you provide a copy to the Clerk , for us , of what you just read off? Mr. Elinoff sa id sure . Do you want a copy of the park ing lot , the redevelopment picture ? Ms . Barrentine responded whatever it is that you are propos ing and I was just wonder ing if you had presented it to somebody , so that we could get that information . She said I didn 't remember everything that you said . 7 . Recognition of Unscheduled Public Comment (a ) Susan Flesher , a res ident of Castle Rock , sa id I apprec iate Council's t ime th is even in g and I am the Reg iona l Rea l Estate Manage r for Panda Restaurant gro up. As you may know. we j us t opened o u r late st store in the Co lo ra do Front Range on Fr iday , at Broadway a nd Corn e ll in Englewood . I wan ted to ta ke a fe w minutes , becau se I ta lked to Bob a nd also Gary at our open in g party, the night before , and wa nted to let everyone kn o w that I have be en doing deve lo pmen t in the Co lorado fr ont ran ge , fro m Pueblo to Fo rt Collins, for about 25 years , and I have never , ever, had a staff that was so cooperative , and so willing to help and so clear in their direction . We set a record at Panda and probably for about any development that I have ever done . We started th is process with Community Development in March and we opened that store on November 2nd . It is unheard of. And I wanted to take th is opportunity to let you know that from Community Development to Utilit ies to Building and Planning , Public Safety, Fire , everybody ... they could not have been more cooperative , could not have been more willing to help . And when Englewood says that they are open for business , this is one of the few cities that I have ever dealt with that truly means it. I thought that was important that you know that , publicly. Mayor Wolosyn said thank you . I have a panda bear for everyone , if the City Attorney tells me that it is appropriate . There was laughter. Mayor Wolosyn said thank you and welcome . 8 . Communicati o ns, P roclamati on s an d Appo intments There were no communica tions , proclamations or appointments . 9 . Consent Agenda Englewood City Council November 6, 2006 Page 5 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and 9 (c) (I). (a) Approval of Ordinances on First Reading (i ) COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN . (b) Approval of Ordinances on Second Reading (i ) ORDINANCE NO . 38 , SERIES OF 2006 (COUNCIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD , COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 . (c) Resolutions and Motions (i) RESOLUTION NO . 8 1, SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY , NOVEMBER 27 , 2006 T HROUGH SUNDAY , DECEMBER 10 , 2006 . Vote results: Motion c arr ied . Ayes : Council Members Barre nti ne , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : No ne 10 . Public Hearing Items 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 to adopt a bill for an ordinance accepting a $12,500 .00 grant from the State of Colorado -Economic Development Commission . He said the grant does require local matching funds and we have those local dollars in our existing Community Development budget. For the last 11 years the Community Development Department has managed the Arapahoe County Enterprise Zone, which consists of the cities of Sheridan , Englewood and Littleton and to get some offset for the cost of administering and marketing th is program. we have applied for and received State funding to assist us in doing so . The Enterprise Zone 1s a critical part of our business r~tention, business expansion and business attraction act ivities . We can point to numerous examples of businesses that take advantage of the Enterprise Zone and in the staff report there is a current status of the tax credits that are being claimed in Englewood . With that , we recommend approval of th1 grant from the State of Colorado . I would be happy to answer any questions that you may have . Th nk you . ny qu t1ons for Mr. Hollingsworth . There wer non . Englewood City Council November 6, 2006 Page 6 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 46. COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO , ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE. Mayor Wolosyn asked if there were any questions . There were none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn said thanks Darren . (b) Approval of Ordinances on Second Reading (i) Council Bill No . 40, approving the 2006 Mill Levy for collection in 2007 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (i) -ORDINANCE NO. 39, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 39, SERIES OF 2006 (COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . considered . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None (ii) Council Bill No . 41 , adopting the 2007 Budget for the City of Englewood was COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (ii) -ORDINANCE NO . 40, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 40 , SERIES OF 2006 (COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any d iscussion . There was none . Vote results : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakl y Nay : Non Englewood City Council November 6, 2006 Page 7 Motion carried. (iii) Council Bill No . 42, appropriating the 2007 Budget for the City of Englewood was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) {iii) -ORDINANCE NO. 41, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 41, SERIES OF 2006 (COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD , COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31, 2007, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion ca rri ed . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (iv) Council Bill No . 43, approving the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (Iv) -ORDINANCE NO. 42, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 42, SERIES OF 2006 (COUNCIL BILL NO. 43 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2007 . Vote results : Motion carried . Ayes : Council Members Barrent ine, Mccaslin , Moore , Wolosyn , Woodwa rd , Tomasso, Oakley Nays : None (v) Council Bill No . 44 , appropriating the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS 11 (b) (v) -ORDINANCE NO . 43 , SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO. 43 , SERIES OF 2006 (COU NCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31 , 2007 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . Vote results : Englewood City Council November 6, 2006 Page 8 Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried . (c) Resolutions and Motions There were no additional resolut ions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would just like to bring everyone 's attention to the fact that under Resolutions and Motions, under the Consent Agenda , we authorized the Winter Food for Fines Program. It is a great thing that we do every year and I commend the Library . The food that is gathered goes to Interfaith to give food to people in the community . (b) Council Members ' Choice (i) Council Member Barrentine: 1. She said I appreciate you guys coming out and opening your business , Progressive Health Center , here in Englewood . I also wanted to say thank you to Panda . They did a beautiful job on that build ing and I am glad that they are open . 2 . She sa id I am looking forward to gett ing more information ... what Nathan is proposing sounds interesting , but , unfortunately, let's have a little bit more information . I hope that we will get that so that I can kind of visualize exactly what you are talking about and what you are proposing . (ii) Council Member Mccaslin said I was at the Grand Opening of the Panda Express . It was a great night and a lot of people there , the food was good and the people that worked there were just wonderful. I had a good time. (iii ) Council Member Tomasso : 1 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 82 , SERIES OF 2006. RES OLUTION NO . 82, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn asked if there was any discussion . There was none. Vote resu lts: Motio n carri ed . Aye s : Council Members M ccasl in , Moore , W olosyn , Woodward , Tomasso , Oakley Nays : Council Member Barrentine COU N CIL M EMB ER T OMASSO MOVED, AND IT WAS SEC OND E D, T O APPROV E R ES O L UTI ON NO . 83, SERIES OF 2006 . RESOLUTION NO . 83 , SERIES OF 2006 Englewood City Council November 6, 2006 Page 9 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO Vote results: Motion carried . Ayes: Council Members Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : Council Member Barrentine COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 84, SERIES OF 2006. RESOLUTION NO . 84, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO Vote results: Motion carried . Ayes : Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : Council Member Barrentine (Clerk's note : Resolution Nos . 82 , 83 and 84 were listed on the Agenda as Item numbers 12 (b) (i), (ii) and (iii).] Council Member Barrentine said since I am the only one voting against this ... I think I spent a great deal of time during our meeting going over what my objections to the process were and that is pretty much why I am voting against it. 2 . He said regarding Nathan 's request , I would like to know what sort of value we are losing on the mill levies on the property tax based on the houses ... what the property tax would be based on vacant lots ... what the difference would be . (iv) Council Member Woodward said Interfaith Community Services has a call for donations of food ... non -perishable goods ... to prov ide Thanksgiving for less fortunate people in the community . They are having a harder time this year , because there are more people in need . So , anything that anybody can do to help them would be appreciated . 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment 1. 2. 3. 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 6, 2006 7:30 p.m. Engle w ood Ci v ic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 1/:~ Invocation .~ Pledge of Allegiance . ~ Roll Call. {2t/_ J ~ 5. Consideration of Minutes of Pre vio us Session . ~ -/ a. Minutes from the Regular City Council meeting of October 16, 2006.~ {Mfibl J): ()AKt.£-'I) 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Rhea Dodd, DVM, will be present to address City Council regarding the City's dangerous dog ordinances . b. Sue Goodin from Progressive H eal th Center will discuss their opening on the Swedish Medical campus . c. Nathan Elinoff wi ll address Council regarding two of his rental properti es. 7. Re cogni tion of Unscheduled Public Comment. (Please limit yo ur presentation to five minutes . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued t o General Discussion.) Ii. 5a$A-l} p/JSHU-4-/JPllt-/ArtoVot:-ttrl ~ff= (flt-lJIJA-UP~ J;./JF-lf,IJ4NY 8. Communications , Proclamations , and Appointments . Jr Englewood City Council Agenda November 6, 2006 Page 2 11At>AIJ--D ~~~~~r ~£1.JIJA-~ vr~~ Consent Agenda Items. 9 d. /) 1 o-'/ f-c:j ~/ a. Approval of Ordinances on First Reading . i. Council Bill No. 48 -Recommendation from the Utility Department to adopt a Bill tor an Ordinanci approving Grants of Easement and Release of Notices for 3066 and 3034 South Sherman Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading . i. Council Bill No. 45, authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Development Block Grant and HOME Investment Partnership programs for 2007 through 2009. c. Resolutions and Motions. i. Recommendation from the Englewood Public Library to adopt a Resolution authorizing the Library 's "Winter Food for Fines" program from Monday, November 27 through Sunday, December 10. STAFF SOURCE: Hank Long, Director of Library Services . 10. No Public Hearing Scheduled. ~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. Offd1 -D b. i. Council Bill No. 46 -Recommendation from the Community De ve lopment Department to adopt a Bill for an Ordinance accepting a $1 2,5 00 grant from the State of Colorado -Economic Deve lopment Commiss ion. STA~~~~~:. ~ Darren Hollingsworth, Economic Development Coordinator. w (llp.,(,,1,/~ Approval of Ordinances on Second Reading. Counci l Bill No. 40, approving th e 2006 Mill Levy for co lle c tion in 2007.~ Counci l Bill No. 41 , adopting th e 2007 Budget for the City of Englewoo ~ Council Bill No. 42, appropriating the 2007 Budget for the City of Englewoo~ ) Englewood City Council Agenda November 6 , 2006 Page 3 P2J/..J-f/-~ 1 iv. Council Bill No. 43 , approv ing the 2007 Budget for the Littleton /Engle w ood ~'l-0 Waste w ater Treatment Plant.~ 17.J ~ v. Council Bill No. 44, appropriating the 2007 Budget for the Littleton /Englewood 'C!ff-/lJ'?) Waste w ater Treatment Plant.~ c. Resolutions and Motions. ~ 12. General Discuss ion . a. Mayor's Choice. b. Council Members' Choice. /4,~f )-1 i. 0 ~-ResolutionJestablishing the annual salary for the City Manage~ 7fT"' IP -( IJA-Y :br'(PiJtJJJ~ 0, . _ J.J, 82 i~ Resolution establ~shing the annual salary for the City Attorney.~ ~,r '..)~/,-/ LAJA-'/.~11/J£-) ~ #fllf ~ii. Rtsolution establishing the annual sala ry for the Municipal Judge~ ~ 1,-/ (/JA,y:f'A/!.eA)fl~L-) 13 . City Manager 's Repo rt. 14. City Attorn ey's Report. 1 5. Adjournm ent. ff; {)t./~ The fo ll owing minutes were transmi tted to City Cou nci l in October 2006. • Alliance for Commerce in Englewood meeting of July 13, 2006. • Board of Adjustment and Appeals meeting of September 13, 2006. • Cultural Arts Commission meeting of August 2, and September 6, 2006. • Liquor Licensing Authority telephone poll of September 20 and October 4, 2006. • Public Library Board meeting of $eptember 12 , 2006. • Urban Renewal Authority meeting of March 8, 2006. notify the City of Engl wood ded . Th nk ou . 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 6, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Park way Englewood, CO 80110 Call to order. f/:~ Invocation.~ Pledge of Allegiance. ~ Roll Call. {1/f '7 ~ 5. Consideration of Minutes of Previous Session. ~ -/ a. Minutes from the Regular City Council meeting of October 16, 2006 .~ (~;A): OAt:t.£.'I) 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Rhea Dodd, DVM, will be present to address City Council regarding the City's dangerous dog ordinances. b. Sue Goodin fro m Progressi ve H ea lth Cen t er will di sc u ss their opening on the Swedish Medical ca mpus . c . Nathan Elinoff will address Council regarding two of his rental properties . 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be con tinu ed to General Discussion.) «,. $ta,A-IJ fU-SIIU -~Pllt.llfttotJ 01=-t--trl ~ ( f ~/Jlr UP~ aJJWYJ4W 8 . Communications, Proclamations, and Appointments. Jr ood Englewood City Council Agenda November 6 , 2006 Page 2 a. Approval of Ordinances on First Reading. i. Council Bill No. 48 -Recommendation from the Utility Department to adopt a Bill tor an Ordinanc; approving Grants of Easement and Release of Notices for 3066 and 3034 South Sherman Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading. i. Council Bill No. 45, authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Development Block Grant and HOME Investment Partnership programs for 2007 through 2009. c. Resolutions and Motions. i. Recommendation from the Englewood Public Library to adopt a Resolution authorizing the Library's "Winter Food for Fines" program from Monday, November 27 through Sunday, December 10. STAFF SOURCE: Hank long, Director of Library Services. 1 0. No Public Hearing Scheduled. ~ 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. b. i. Council Bill No. 46 -Recommendation from the Community Development Department to ad~pt a Bill for an Ordinance accepting a $12,500 grant from the State of Colorado -Economic Development Commission . STA~~~~::. A Darren Hollingsworth, Economic Development Coordinator. w tl~IAP--__ Approval of Ordinances on Second Reading. Council Bill No. 40, approving the 2006 Mill Levy for collection in 2007.~ Council Bill No. 41 , adopting the 2007 Budget for the City of Englewoo~ Council Bill No. 42, appropriating the 2007 Budget for the City of Englewoo~ notify th City of Englewood d d. Thank ou . Englewood City Council Ag enda November 6 , 2006 Page 3 trii.J:-fl~ , iv. Council Bill No. 43, approving the 200 7 Budget for the Littleton /Englewood Uf#?-0 Wastewater Treatment Plant.~ t2J ~ v. Council Bill No. 44, appropriating the 200 7 Budget for the Littleton /Engle w ood 'q;,/>IIJ-rJ Wastewater Treatment Plant.~ c. Resolutions and Motions. A7 12. General Discussion . a. Mayor's Choice. b. Council Members ' Choice. ~pl-i. ResolutionJesta.blishing the annual salary for the City Manage~ . IP -( IJA-Y :J!A,(PJ)tJJJ$!. /), __ JJ, 92 i~ Resolution establ(shing the annual salary for the City Attorney.~ f:.,4f(j~ '..,)"ff" 6'-l l)JA>/:~fJA)£,.) fk _ f/;fl tf _ ~i i. ~solution establishing t~e annual salary for the Municipal ·Judge . _:::::>-~,. f>- 'F.wtl ~ 1,..,/ ( IJA->' .· ~f'IJJL-_; V ~ 13. C ity Manager 's Report. 14. City Attorney's Report. 15. Adjournment f{ (}t/~ The fo ll owing minutes were transmitted to City Counci l in October 2006. • Alliance for Commerce in Englewood meeting of July 13 , 2006. • Board of Adjustment and Appeals meeting of September 13 , 2006. • Cultural Arts Commission meeting of August 2, and September 6, 2006. • Liquor Licensing Authority telephone poll of September 20 and October 4, 2006. • Public Library Board meeting of September 12, 2006 . • Urban Renewal Authority meeting of March 8, 2006. D PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: NOVEMBER 6, 2006 F!lzASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME I ADDRESS TOPIC - NAME ADDRESS TOPIC ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 16, 2006 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by'Cub Scout Pack 172 , from Charles Hay School. Pack leaders included : Steve Yates , Steve Westra and James Hanson . Pack scouts included : Benjamin Yates , James Long , Joshua Shanks , Cody Yates , Doniel Martins , Matthew Edwards , Sam Westra , Dashun Moffatt, Ryan T. Wilson , Pierson Henry , Brandon Hanson and Nathan Henry . Leader Yates told the Council that they were honored to be able to present the colors and that they had a spe ci al pa ck chee r to present. The Cub Scouts presented t he ir chee r to the C ity Council members. There was a round of applause . Mayor Wolosyn said thank you Pack 172 . 4 . Roll Call Present: Absent: A q uorum wa s pre sent. Also p resent: Council Members Tomasso, Moore , Barrentine , Mccaslin , Woodward , Wolosyn Council Member Oakley City Man age r Sea rs City Attorney Brotzman Deputy City Manager Flaherty Deputy Clerk Bush City Clerk Ellis Deputy Director Vandermee , Safety Services Director Gryglewicz, Finance and Administrative Services Fire Marshall Greene , Safety Services Assistant Fire Marshall Wilcox , Safety Services Manager Stitt , Community Development Police Commander Watson , Safety Services Fire Division Operations Chief Pattarozzi , Safety Services Fire Battalion Chief Ertle , Safety Services Capital Projects Manager Henderson , Public Works 5. Consideration of MlnutH of Previous Session (a ) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 2006 . Englewood City Council October 16, 2006 Page 2 Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Ayes : Nays: Absent: Motion carried . Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward, Tomasso None Council Member Oakley 6 . Recognition of Scheduled Public Comment (a) Mayor Wolosyn said Fire Marshall Ben Greene will present the awards to the winners of the Fire Prevention Week Student Poster Contest. She said and I would like to say right now that after the presentation, we are going to take a short break, in the Community Room , with all of those honored for refreshments . Mr. Greene said this year was a real fun year for doing Fire Prevention week and all the posters . We had over 950 posters presented this year and I believe the judges will all attest that it was more of a challenge this year than probably last year. We had a lot of high quality posters . Fire Prevention Week is actually the marking of the Great Fire of Chicago that happened in 1871 . Out of that came a proclamation from the President , in 1922, to honor Fire Prevention Week and that has continued on to the current day . The theme this year was for "Watch What You Eat, Taking Care of Cooking Injuries and Being Safe Around the Cooking Environment", especially for children and that was our main theme. We went back and covered also being careful with candles , because we have so many candle fires . I think that this year it got the point across very well. After what happened last weekend up in Thornton , where a five year old who had actually listened to the presentation , made their parents perform what the presentation asked for with the exit drills in the home , and the kids being saved out of their home. I think the message is very important that we are getting across to these kids about Fire Prevention Week and being very safe with fires . We did presentations in all seven schools, and I want to thank the people from the Fire Division who participated in those , specifically Brian Baker, Greg Weaver, Jay Mccann and Mike Osgood for the work that they did in going out to the schools . You did a fabulous job again this year doing presentations and getting the message out. This year I had three various team judges . Luckily, I was able to talk the Mayor into coming down and heiping with the judging . Ms. Wolosyn said my pleasure. Mr. Greene said and I had Sheila Olson , who is the art teacher at the high school , and I was able to get Tim Baca , who is an employee of MOA, across the hall , to come over and also help us with judging . Mr. Greene said now, because I know that you have a very full agenda , I w ill get on with presenting the awards . I would ask that you please hold your applause until the end . I have 21 students who are receiving awards this year . For those parents who hopefully read the letter, the 111 Place Winner will have lunch with the Firefighters . The firefighters will go to the school , pick them up , take them to the Fire Station and then take them back , so that they have a chance to have lunch with them . 2nd Place Winner will receive a ride from their home to school in the morning and the 3 rd Place Winner will receive an autographed picture of the firefighters , with the child in bunker gear, in front of one of our engines . So , I think this year has some fabulous awards and the generosity this year also goes to Parks and Recreation for providing all of the children with a one day pass to Pirates Cove . Firefighter Brian Baker and Mayor Wolosyn assisted him with passing out the certificates . Cherrelyn Elementary 111 Place Maria Morales 2nd Place Ashley Cleary-Bennett 3ri1 Place Moira Montgomery Clayton Elementary 1" Place Joseph Tattone 2ncs Pl c Laura John on Englewood City Council October 16, 2006 Page3 3 rd Place Danyelle Ruggera Mr. Greene said All Souls did an amazing job at papering our walls . As you noticed , we had almost 100% of that school and believe me , it is getting harder and harder to find wall space for this school. All Souls Elementary 1 st Place Kate Schilmoeller 2nd Place Eric Timmermeyer 3rd Place Anna Pavlakovich Bishop Elementary 1 st Place Leslie Krening 2nd Place Abby Enos 3rd Place Cassie Nielsen Mr. Greene said although St Louis is small, it is very mighty , and they did a very good job of participating this year. St. Louis Elementary 1st Place Michael Hoeft 2nd Place Daniel Gibbons 3rd Place John Beckman Maddox Elementary 1 st Place Hunter Mendoza 2 nd Place Jose Magallanes 3rd Place Bryant Foster Charles Hay Elementary 1 •t Place Ruben Rivas 2nd Place Brady Trebus 3rd Place Noah Stanley-Huff After the presentations , there was a big round of applause for all of the winners. Mayor Wolosyn sa id congratulations everyone , and after you have your p icture taken , we will go t o the Commun ity Room for cookies. I have asked Council to also join them , but Council w ill reconvene in about 15 m inutes. Thank you a ll and congratulations. There wa s applause. The meeting recessed at 7:42 p .m . The meeting reconvened at 8:00 p .m . with six Council members present and one Council member absent Council Member Oakley. 7. Recognition of Unscheduled Public Comment (a) Dr. Rhea Dodd said that I would like to in trod uce myself. I am a v eterinarian and I practice in Lakewood and I have a special in terest in behavior. I sent you all an e-mail regarding the proposed changes to the dog ordinance . I did bring a bio and a resume , if anyone is interested in looking at those. I know that you are in the preliminary stages of working through all of this and I just wanted to offer myself as a resource . I have no vested interest in pit bulls per se or specific breeds . I am here as a representative of the veterinary community and I want to do what is right to protect the community , but also to protect innocent dogs that are well behaved , valued family pets. And I think as Council people in your position , you can be in a powerful position to do what is right for the community of Englewood to keep people safe. And I think breed specific Englewood City Council October 16, 2006 Page4 legislation is a simplistic reaction to a very complex community problem . I think that is all I have to say unless you have questions for me . Mayor Wolosyn said we usually don 't take questions at this time , although at the end of the meeting , often Council people return to these issues . Dr. Dodd said do you want to see a copy of my bio and resume just so you will know who I am . Mayor Wolosyn said thank you . These documents were given to the Deputy C ity Clerk . (b) Eva Rhoads , an Englewood resident, said I have come to address a concern that I have about some car break-ins that are happening in the City of Englewood . My son had his car parked in our driveway and had it locked up for the evening . When he got up the next morning , he went out and found that his w indow had been smashed in and some things had been stolen out of his car. When he called the Police Department to report the theft , he asked them to come and take fingerprints from his vehicle so they could hopefully match them up to somebody who may have been breaking into other cars . He was told that they would have to get back to him . A member of the Police Department called him back and said that a Police Officer would not come out to our residence to look at the damage or to dust for fingerprints . He was just given a number for a case reference so if the police managed to find somebody , they can call him back . My concern is that if the police are not coming to take fingerprints and to check the damage , it makes it very difficult to prove your case ... not only for insurance purposes but also for the state or prosecutor to make a case for an individual who might be picked up in the act of vandalizing or breaking into cars in the area . My other concern is , you know , that a big family community and I worry that people who start off breaking into cars often end up breaking into homes and doing other things in the commun ity . I am just really concerned about the police response to this issue. So , I just wanted to voice my concerns and thank you for hearing them . Mayo r Wolosyn sa id tha nk yo u. (c ) Edd ie Briem , an Englewood resident , said my concern is pretty much the same concern , in that my veh icle was also burglarized recently. I have three or four friends in the community , other than neighbor Rhoads , who have been recently burglarized , that couldn 't make it here tonight. We do have a pretty much nonchalant, very casual response from the Police Department about these matters , primarily because they do not have the man power; they do not have the funds to go out and pursue these people. The City Manager needs to give them a little bit larger budget and get some man power out there at night and get this matter unde r control , because from having talked to a couple of detectives , it is really out of line. If you were to go and talk to the C ity Manage r and get with the Ch ief of Pol ice and find out how many thefts are taking place on a daily bas is, it m ight shock yo u . So , I wou ld like to see somebody bring someth ing to them to resolve it. Thanks . Mayor Wolosyn said thank you . (d ) Randi Bolton said I actually do not live in Englewood . I live in Castle Rock. I do have a vested interest in communities that are looking at implementing dog ordinances or making changes to their dog ordinances. What I wanted to do was just bring out a few points and give you a little information about myself. I am a member of the Delta Society , wh ich is the largest international organization for therapy animals th roughout the entire world . The two dogs that I do therapy work with are both rottwe il ers . They have both visited at Swedish Med ic al Center. They are currently involved in a reading program in the Library . The kids definitely love my dogs , they enjoy coming and reading to them . A couple of other poi nts that I wanted to bring out is that we have Delta Society pet-partner dogs that are visiting at both Swedish Medical Center and the Englewood Publ ic Library and several other facilities in Englewood . Some of the things that I would like you to think about , as you are reviewing your dog ord inances: one is that legislation that bans certain breeds does have a tendency to provide people with a false sense of security . A case in point is that any dog can bite and any dog can cause a fatality , and I could list you statistics and quote you all sorts of stuff, but I am not going to bore you with that type of detail C1 t1es that im plemen ted good dog ord inances have not implemented breed specific legislation . And the reason 1s , they want to hold the owners respons ible for what the ir animals are doing . When you start looking into the dogs that are involved in an attack , what you find is the lack of tra ining , lack of social ization and lack of control by the owner And that 1s where the responsibility needs to he , is with the owners. I think you I o n d to loo t what 1t will cost to implement breed specific legislation . These are some of the things that Englewood City Council October 16, 2006 Page 5 the cities that have implemented BSL are running into ... they are finding that it is becoming cost prohibitive . Not only from the perspective of the additional staff that has to be hired to enforce breed ban , but also the legal costs of it because what is happening is that owners are beginning to contest their dogs being confiscated . There are several law suits in Denver right now where owners are demanding their day in court . It is also happening in Aurora , not only the owners but organizations are beginning to go to those cities and saying that you have implemented laws that are unconstitut ional. So that is another part that I would like you all to look at, is what is going to be the cost of implementing breed spec ific legislation? Another item is difficulty in identifying breeds . I have a friend that lives in La Junta. She has very close ties to the veterinarian community in La Junta and the veterinarians were opposed to the BSL that was implemented in La Junta . What the veterinarians are saying now is that , and they are the ones responsible for identifying the breeds of dogs involved in bites , dogs that are brought to them are going to be identified as lab mixes , regardless of what the breed is . So another thing that needs to be considered is the accuracy of identifying the breeds. One of the things that I brought with me is a letter from the Delta Society , that is their position statement on breed specific legislation . It also documents some of the various breeds that are involved in our therapy programs throughout the United States . And , I would just like to thank you for letting me speak tonight and I do hope that you will consider some of these points . Mayor Wolosyn said thank you. (e) Amanda McGee , an Englewood resident , said she actually said everything that I was going to bring up except I had the facts and statistics with me that I won 't bore you with them either. So I really don 't know what else to say . She covered about everything that I can . I am a pit bull owner and I would really hate to see that ban come here just due to everything I know about the breed . If you look at the facts , pit bulls are fifth from the bottom of the list for attacks . Dangerous dogs can range from Labradors to Lhasas to Cockers wh ich are actually nea r the top . So I don 't know how you are go ing to do breed spec ific leg islation or bring it he re because those dogs aren 't covered under that. I really don 't know what else I can say that she didn 't cove r, so thanks . Mayor Wolosyn said thank you . (f) Patrick Nollett , an Englewood resident , said I have lived in Englewood for almost 8 years now and I have owned pit bulls my whole life . And , I have never in my life had a single problem with one. I have been attacked by othe r dogs , which is Border Collie and German Shepherd . I do have kids . I have a six year old son and an eight month old son . My dogs are perfectly fine with them . I've never had an issue at all w ith them , whatsoever . So , I j ust hate to see th is all come into effect because I've had to move because of it... from Denve r , from T ho rn to n, an d Adam s County . Yo u know , I ju st ha te to have to move aga in and dea l w ith this in a not he r situa ti o n. Th anks . Mayor Wolosyn said thank you . (g) James Hunt, an Englewood resident , said and I'm also a pit bull owner and I agree with everything they said . It is kind of a tragedy that breeds are being kind of singled out because every dog could potentially have the tendency to bite anybody. My wife is actually in the veterinary community . She works across the street at the Referral Center. She sees dogs all the time and every single time that a pit bull does come in injured, not injured , sick , not sick , they always have the best attitude. They are always wagging their tails . They never attack anything , anytime that they have come in . She just has had a great experience with them . She '-~s actually rescued two that we still now own , that are great dogs. The right training is essent ial. Getting th dogs properly spade or neutered might be another key that might need to be addressed as well. But. definitely , it would be a tragedy to have this type of thing come to Englewood . Thank you . Mayor Wolosyn said thank you . Mayor Wolosrin said I will say that that particular issue , Council will be rev isiting in a Study Session on Novembe r 27 Englewood City Council October 16, 2006 Page6 8 . Communications, Proclamations and Appointments (a) A letter from Tom Rockman indicating his resignation from the Keep Englewood Beautiful Commission was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF TOM ROCKMAN FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes: Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward , Tomasso Nays : None Absent: Council Member Oakley Motion carried . (b) A proclamation declaring November 1, 2006 as National Literacy Day in the City of Englewood was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1, 2006 AS NATIONAL LITERACY DAY IN THE CITY OF ENGLEWOOD. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley Mayor Wolosyn asked if there was anyone here to accept the Proclamation . There was no one . She said then we will make sure that it gets to the proper people . (c) considered . A proclamation declaring the week of October 8 -14, 2006 as Fire Prevention Week was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 8 -14, 2006 AS FIRE PREVENTION WEEK. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays : None Absent: Council Member Oakley Motion carried . Mayor Wolosyn presented the Proclamation to Fire Marshall Greene and said thank you Ben , and thank you for th is even ing . Thanks to your department for doing that art and for going into the schools . 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 (a).) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) AND (ii) AND (c) (I). (b ) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 36 , SERIES OF 2006 (COUNCIL BILL NO . 38 , INTRODUCED BY COU NCIL MEMB ER WOODWARD ) Englewood City Council October 16, 2006 Page7 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER THE PLATTE RIVER AT THE ENGLEWOOD GOLF COURSE . (ii) ORDINANCE NO . 37 , SERIES OF 2006 (COUNCIL BILL NO . 39 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD , COLORADO THAT PERTAINS TO CONSTRUCTION OF A BRIDGE OVER THE PLATTE RIVER AT DARTMOUTH AVENUE. (c) Resolutions and Motions (i) RESOLUTION NO . 79 , SERIES OF 2006 A RESOLUTION ACCEPTING CHANGES AND UPDATES TO THE CITY OF ENGLEWOOD'S INVESTMENT POLICY PER ORDINANCE 45, SERIES OF 1995, ADOPTED ON FINAL READING SEPTEMBER 5, 1995. Vote results: Ayes : Nays : Absent: Motion carried . 10 . Public Hearing Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley No public hearing was scheduled before Council 11 . Ordinances, Resolutions and Motions (a ) Approval of Ordinances on First Reading (i ) Community Deve lopment Manager Stitt presented a recommendation from the Commun ity Development Department to adopt a bill for an ord inance authoriz i ng an amendment to an Inte rgovernmenta l Coope ration Agreement with Arapahoe County relative to Community Development Block Grant a nd Ho me Investme nt Partnersh ip programs fo r 200 7 through 200 9. He sa id t his is a mendmen t numbe r one and the purpose of this amendment is quite simple . The County , because of some Federal requirements , has requested that we change the language in the agreement. I don 't believe that the original language was prov ided to Counc il. The amendment number one language that is in you r packet is listed under Section 9 and it is the first sentence . Let me read to you the language that was in the orig inal agreement that was approved man y years ago . It says : The County and the City each agree to adopt and enforce the following policies. He said and in th is original agreement: (a) was prohibiting the use of excessive force and (b) was enforcing applicable State and Local laws against physically barring en t rance . In the proposed amendment, the language has changed to reflect the cooperating units of general local government (City) have adopted and is enforcing . They have changed go ing from (a) to (b) to (1) and (2). It is just chang ing one sentence in the agreement, is all th is amendment is proposing . It doesn 't affect the terms or the conditions of the grant proposals . Mayo r Wolosyn asked if there were any questions fo r Mr. Stitt. There we re none. CO UN C IL MEMB ER W O ODWARD MOVED , AN D IT WA S SECOND ED , TO AP PROV E AGE NDA ITEM 11 (a) (I) -COUNCIL BILL NO . 4 5. COU NCIL BILL NO . 4 5, IN TRODUCED BY COU NCIL MEMB ER W OODWA R D. ) Englewood City Council October 16, 2006 Page 8 A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays: Absent: Motion carried . Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso None Council Member Oakley Mayor Wolosyn said thank you Harold . (ii) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance adopting the 2007 Budget for the City of Englewood . He sa id if you would like , I can go through the entire detail which is several pages but just to recap the General Fund , which is the Fund that provides funding in accounts for the majority of the City services including Police , Fire , Public Works , Recreation, etc. The total sources of funds for 2007 are $37 ,697,263 .00 . The total uses of funds are $39 ,182,556.00 , which would leave a Reserve of $5,497 ,981 .00 or 13.2% of total revenues . Mayor Wolosyn asked if there were any questions or comments for Mr. Gryglewicz. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. 41. COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER TOMASSO. A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any discussion . Coun cil Member Moore sa id I would just like to comment. I will be voting for this but with some degree of re servati on just in terms of ... tha t we 're budgeting for a 13.2 % Reserve at the end of the year and as yo u all know , I thi nk we sho uld have gone fo r a litt le bit hig her but at the same time , I respect t he process tha t w e wen t through . I will be supporting it but with ... I just wanted to get the hesitation on the record . Mayor Wolosyn said thank you John . Mayor Wolosyn asked if there was any other discussion . Council Member Barrentine said I also ha ve a concern about us maki ng sure t hat we are presenting a balanced budget and again , I ha v e to ask , like I did last year, that this process need s to include the financial information much sooner in the process so that there can be w hat I think wo uld be more meaningful discussions, and hopefully some solutions that are not able to happen when we do this so late . That is my reservation for it. Mayor Wolosyn said thank you Laurett and as I said , we will be addressing that. Vote resu lts: Ayes : Nays: Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley Englewood City Council October 16 , 2006 Page 9 Motion carried . Mayor Wolosyn said thank you . (iii) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the C ity of Englewood . He said this bill for an ordinance actually gives legal authorization for the spending that was outlined in the budget that was just passed and for the General Fund for the 2007 total appropriations of $39 ,182 ,556 .00. Mayor Wolosyn asked if there were any questions or discussions. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 42. COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER TOMASSO. A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO , FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31 , 2007 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley (iv) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance approving the 2006 Mill Levy for collection in 2007. He said if you look at our Council Communication , I gave a hypothetical amount that a property owner would pay in the City if they owned a $200 ,000 .00 house and you will see that total amount is $133 .73 . The General Fund Mill Levy for 2006 collected in 2007 is 5 .88 mills . That mill levy has been , I believe , at that same level for about 14 years and has not changed . The m ill levy that has changed , and changes just a little b it , is the mill levy that pays the Community Center Debt Service Fund and that for 2006 collected next yea r is 2.52 m ill s . T he total m ill fo r the City is 8.4 , and for the General Fund , that should net to a collection of $2 ,565 ,000 .00 and for the Debt Serv ice Fund , that is $1 .1 m illion . Mayor Wolosyn asked if there was any discussion or questions. There was none. COUNC I L MEMBER T OMASSO MOVED, AND IT WAS S ECOND ED, T O APPROVE AG ENDA IT EM 11 (a) (i v ) -COUNCIL BILL NO. 40 . COU NCIL BILL NO. 40 , INTRODUCE D BY COU NCIL M EMB ER TO MASSO . A BILL FOR A N ORDI NA NCE FIXI NG THE TAX LEVY IN MI LLS UPON EACH DOLLAR OF THE ASSESSED VALUATIO N OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLO RADO. Vote res ults: Motion carried . Ayes : Nays: Absent: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley Englewood City Council October 16 , 2006 Page 10 (v) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an o rdinance approving the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said for 2007 the Wastewater Treatment Plant is showing a total Beginning Funds of $115,674 .00 , with a total Source of Funds of $50, 194 ,271.00 , with total uses at that same amount , which will leave an Ending Funds available of $115,674 .00 . Mayor Wolosyn asked if there were any questions. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 43. COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2007 . Vote results: Motion carried . Ayes : Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso None Council Member Oakley (vi) Director of Finance and Administrative Services Gryglewicz presented a recommendation to approve a bill for an ordinance appropriating the 2007 Budget for the Littleton/Englewood Wastewate r Treatment Plant. He sa id the appropriation for 2007 for the Littleton/Englewood Wastewater Treatment Plant is $50 ,194 ,271 .00 . Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 44. COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 200 7, AND ENDIN G DEC EMBER 31, 2 00 7, CONSTIT UTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2 007 . Vote results: Motion carried . Ayes : Nays: Absent: Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward , Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation in the amount of $75 ,000.00 for roof repa irs to the Serv iCenter. He said this is a supplemental appropriation of the ServiCenter Englewood City Council October 16 , 2006 Page 11 Fund for $75,000 .00 that was not included in the original 2006 budget for needed roof repairs . This is actually somewhat of a preventative maintenance to do th is now and to recoat the roof system before there are major problems which could cost up to $200 ,000 .00 in future years . So this is a needed repair which hopefully will keep from having to make even larger repairs in future years . Ma: .,..,r Wolosyn said may I ask what source of fund is retained earnings, what does that mean? Mr. Gryglewicz said ,dained earnings are the funds that they have reta ined. The revenues that have been paid in over- expenditures that they have retained in the funds . It is similar to Fund Balance in the General Fund . It is the ir funds that are available for expenditure but not appropriated . Mayor Wolosyn said okay . Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 80, SERIES OF 2006 . RESOLUTION N0.80 , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 2006 BUDGET FOR ADDITIONAL EXPENDITURES TO MAKE NECESSARY ROOF REPAIRS TO THE SERVI CENTER. Vote results : Ayes : Nays : Absen t: Motion c arried . Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso None Council Member Oakley Mayor Wolosyn said thank you Frank . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to reiterate what I said about the issue of breed specific dogs and vicious dogs in general. .. Council will be revisiting that on November 27th . (ii) Mayor Wolosyn said about the auto break-i ns , I guess I wou ld like some follow-up about if th is is a burden on Staff, what can be alleviated or is it routine that if people have break-i ns to have finge r prin t ing don e, j ust th at sort of t hing , j ust the basic follow-up. It bothers me when as ked a bo ut it during their period of discussion . (b) Council Members ' Choice (i) Council Member Barrentine: 1. She said I wanted to acknowled g e, a lot of people w ho ha ve heard abo ut me in the ne ws recently , regarding some issues standing up for righ ts of victims of identity theft, I wanted to say how much I appreciate their support and I will certainly continue to do that. 2 . She said the car break-in is an issue, I think part of what you brought up , was it causing a problem with insurance and potentially prosecuting anybody, especially if you have an idea of maybe who , I mean if there are other issues going on . I would like that included in the information that they provide so that we have a whole picture of not only how it impacts our Police Department or what issues we may have on sending somebody out but also on ... if we are not sending somebody out. .. what are some of the other problems that it is causing if you are not be ing able to file a report properly , or if you are getting problems having it reimbursed , or if there is some Englewood City Council October 16 , 2006 Page 12 communication that is not happening as a result of that police officer not coming out. I would like to have that information included in that as well. 3 . She said I appreciate the people that came and spoke to the breed specific dog ban as well. I agree with a lot of what was said . I have never supported the dog specific ban and really appreciate that information coming forward . Issues with vicious dogs are separate ... necessarily from what we are doing with breed specific but we will see how it all comes out. Everybody has their chance . 4 . She said I wanted to say thanks to all of the kids with the schools that came out and all of the art work that is out there . It is nice to see so much participation . Congratulations to the Fire Department. I have a lot of very excited Moms who found out they get to go with their kids on the ride on the truck , so they are very happy to have gotten that cleared up . Thank you. (ii) Council Member Mccaslin: 1. He said I was a victim of a break-in of my vehicle and I felt the same way . I kind of felt that I hope they find them but if they do , great. It is a violation and when that happens , you go out in your car and th ings are missing , it is like , oh my God , how am I going to replace this? You start going through all those traumatic things so I feel for you guys . Hopefully , we will work on that issue and I will make sure that we give that direction. 2 . He said I would like to thank Community Development. .. Harold and Darren . I kind of stumbled into a meeting after KEB the other night. .. Medical District and Downtown Small Area Plans . I wasn 't aware of ... we had eight meetings over two weeks and they sent out 5400 letters to property owners . You know it is really good to see the input of the citizens , and Community Development was asking the questions and it was good to see the c it izens giving the ir input. I really felt like that we , as a City , are l isten ing to our res idents to give us direction . I was j ust proud and I want to thank Harold and his Staff and everyone that was there . I wish I would have been able to attend more but there is another meeting on Tuesday , tomorrow night, from 5 :30 until 8 in the Commun ity Room . So , keep up the good work guys . Thank you . (ii i) Council Member Tomasso : 1. He said there was an interesting article in Friday 's paper on the review of the bar hopping scene in Downtown Englewood , wh ich was interesting to read . It was in the Rocky Mountain News and it was kind of an interesting article on bar hopping , which I would never anticipate would be in the paper. 2 . He sa id I stopped into the end of the meet ing on th e Denve r Sem i nary Redevelopment Project and liste ned to som e of the concerns the neighbors had with th at. Most of the people who had concerns were from Unincorporated Ara paho e County an d Che rry Hills Village . The re were actually ve ry few Englewood resi den ts there . 3 . He said I agree with the break-i n except I didn 't have break-ins . They just basically keep stealing the car and it comes back five weeks later, three weeks later , and the key that comes back is always better than the key that I own . But it also comes back with other stuff in it like stolen credit cards and meth and hollow points . It is a very interesting process . (iv) Council Member Woodward : 1. He said I would like to first compliment Safety Services on the job they did Saturday , at and around the H igh School. The High School was hosting a competition of roughly 35 different schools for bands up until 11 o 'clock at night. The police were there with high visibility . The parking in the neighborhoods , at least the ne ighborhoods directly south of the High School football field, were really well patrolled and the neighbors didn 't have any problems . And I didn 't get one call , which I really appreciate . So , thank you for that and please pass it on to Director Olson and Commander Sanchez. ; Englewood City Council October 16, 2006 Page 13 2. He said also in regard to the budget, I don 't think any of us like the idea of approving the budget with a 1.49 million dollar shortfall . However, I think in this case, we are being fiscally responsible in doing it. Each month, like ton ight in Study Session, we had the opportunity to hear the most current budget , what was go ing on with the budget within the City, and it gives us the opportunity to make changes and be fiscally responsible if need be. And I know in past Councils that has had to happen . I have confidence in this budget. I think things will work out okay . 3. He said and I also want to express my appreciation to the people who came ton ight regarding the breed specific bans and the individuals that came own ing pit bulls . Thank you . • • • • • Mayor Wolosyn said before I turn it over to City Manager's Choice , I want to revisit City Council 's Choice . In our Study Session , we discussed our first meeting of the year falls on January 2nc1 , which is the day after New Years . I would ask that we postpone that to January 81 h , as we do every year. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE MOVING THE REGULAR CITY COUNCIL MEETING FROM JANUARY 2, 2007 TO JANUARY 8, 2007. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso Nays: None Absent: Council Member Oakley Motion carried . 13 . City Manager's Report (a) City Manager Sears said Mike Flaherty provided ton ight to the Council , a response to the dog comments . We have received a lot of e-mails , as has Council as reflected in tonight's meeting . As the Mayor has ind icated aga in, the discussion is going to be held on November 27'h but until that time , this is what we want to let people know , that they may have a contact and it will go onto our web site. If Council has any questions about how we write that or put th e.. 1, if you just let us know , we would appreciate it. (b) City Manager Sears said in terms of the break-ins , we have Commander Sam Watson in the audience , also Act ing Director and Division Chief ... actually Deputy Director of the Safety Services Department. .. Tom Vandermee is here. If you perhaps want to make sure you talk to them to make sure we have the spec ifics and we will respond back again to the City Council on what the quest ions that were asked ton ight in terms of how we handle break-ins , what our policy is, what our man power is , etc and we w ill respond back at the next Council meeting . (c) City Manager Sears said I want to remind also Ray and Jim that Thursday afternoon at 4 :30 we have the School/City Committee meeting . It will be here . With that, that is all that I have . 14 . City Atto rney's Repo rt City Attorney Brotzman did not have any matters to br ing before Council. * • * * • Council Member Barrentine said I have one question for the City Attorney. I had brought up about our budget meeting , being that it is not recorded , and wondered if we could go ahead or if there is a problem with that , having it recorded? But, I believe under the law , that we are remiss in not having that meeting recorded . Mayor Wolosyn sa id she is talking about our Budget Retreat. C ity Attorney Brotzman sa id i n the future , all meetings w ill be recorded . > Englewood City Council October 16, 2006 Page 14 Mayor Wolosyn said okay , thank you . Council Member Barrentine said part of the budget meeting was, so some of the increases , like to City Council budget, were in a Study Session and that part, at least the constituents can go back and see how the decisions were made , but I had a concern about that , so thanks for looking into it Dan . 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8:41 p.m. f"ri IF/It' ~,r('..AA~ , I C'-w\. f l.r-..~.J. /);r J L t v ..f 1--r .fl "-""1 ~1':W- • , ~~~~ I /JV'~ f.2--,~ .,,,,·/\ ~•-J?,,..../d . As responsible council members, you want and indeed ~o keep ....._ st1ccts of Englewood safe. To attract commerce and homeowners, citizens need to know they can enjoy walking the streets in peace. Part of providing this protection involves animal control: we simply can't have dangerous dogs at large. But what is a dangerous dog? A dangerous dog is one that causes bodily harm to people or other animals. Are pit bull breeds more prone to such aggression? The evidence would say no: they are dogs, plain and simple. Just as in any other population of dogs, a minority are dangerous; the vast majority kept as pets are friendly companions. A just law regarding dangerous dogs must address behavior of a particular animal and not prejudicial stereotypes. ~ ke>W'(_ b,..eJwt I/; /I,/, ._,p .,, ."" People who don't mow these breed~ight wonder why anyone would have a pit bull. People kw,~ aR image fro sensationalistic media reports ~ ovv-1 f C/V ~.cl t11ese dogs &Fe .demon~c.easily provoked and likely to turn at any minute. In my 14 years in veterinary practice, this simply has not been my experience. I would like to take a few moments to address the many myths surrounding pit bull breeds and the facts regarding dangerous dogs. Myth: Pit Bulls are a danger to citizens and postal carriers. Fact: Dogs that run at large, especially multiple dogs running together..- can be dangerous. We need to provide animal control with the necessary resources to keep these dogs contained. This is true regardless of breed. Myth: Pit bulls have a stronger bite than other breeds. Fact: Larger dogs do more damage. An aggressive pit bull is a problem-- just as an aggressive Saint Bernard or Great Dane is a problem. The size of a dog determines bite-pressure. Myth: Pit bulls have locking jaws. Fact: As a veterinarian, I can assure you that they have normal jaws, just like any other dog. Myth: Only drug d ealers and other undesirables would own a pit bull . ........ --~::.:.::===~==:::c=~==:;.:;,;;====:::;;;;.===~=-------------~ Fact: As a behaviorist, I can tell you, that there are many gentle pit bulls, who are stable, happy, well-socialized family pets. Council members are right to be concerned about guard dogs and dog fighting; laws can be crafted that address these dangerous animals, but spare otherwise innocent members of the same breed. Myth: Towns without Breed Specific Legislation become dumping grounds for pit bulls from surrounding communities Fact: People are !!Q!. "dumping" their pets. Pit bull owners are simply trying to live normal lives, just as golden retriever owners or lab owners do. They are moving to towns with fair, rational laws because they hw.·e fte ether ,ch0i~e. +-vvv\-,·s -f--i,___.,_,~ b,R.tj-~c;. ~ 'ff,~ · The only "dumping" I have seen is at area shelters, where otherwise happy, healthy dogs have been surrendered for euthanasia because people can not afford to comply with BSL restrictions. This practice wastes animal control resources that could be better spent addressing real problems. lo ~~t::<._ ~-I~ I I want to introduce you a couple of my pit bull patients, so you can understand why I am devoted to this issue . I hope you can trust me when I say, these are typical pit bulls-~ a far cry from the 11image the media have created. ~-c~ (I will then talk about Crockett and Moses) It is essential that as council members you understand that sanctions, including death, placed upon gentle, well-loved pets is unconscionable. You have a choice to make: you can make a reactionary law based on fear, or you can rationally address the facts in order to keep Englewood safe for all citizens. Thank you for your time. Moses: You can see the eye damage and facial paralysis this dog has on the right side of his face. Moses was brought to the emergency hospital as a 4 month old puppy, by the house mate of a man who beat him into a state of unconsciousness. This left the side of his face permanently paralyzed. ~ ~ ~~\r-r{ He also had )leal~ rib fractures, as well as fresh rib fractures) w V\.A c,IA.. t-r<.r-C- ch ~~~el-17-k d'~~--r :a .J~ ' Instead of becoming vicious, he is gentle and trusting, with a goofy, playful nature. He is so gentle, I would let him play with my children. He now lives happily with 2 other pit bull rescues. Fortunately, his former O got 17 months in prison for felony animal cruelty. Crockett: Crockett's mother was a pit bull-whippet cross; his father was an Australian Shephard . Crockett had his tail amputated with rose pruners when he was just a day old . He was soon after rescued by my client, along with his mother. He was a gentleman-always appropriate, well-traveled and well- loved . I treated him for many months for his arthritis and hef'lways a day brightener-coming in with a smile on his face . ~~ When his owner first moved to Denver, she registered him as a pit bull cross . The next day, animal control visited , prepared to impound the dog for euthanasia . Due to his gentle look and nature, he was given a pass . ~,·/VI r (.,.,6 While I am delighted this gentleman of a dog was no~illed, the fact that he could "pass", despite known pit bull decent, is njust. If he had had a bigger head, would he have been extermin ted? 0--" .rf 'S ~SL 'rv-~ 0 ~ pmv.s 1~4 4'J~h~ i ,'j ~ ~'6 ~ ~ ~·...r . These are ~ogs, with ~ families that love them very much. Please choose to protect them from harm . {)Lµ.;. ~ .c~-o/>.-e "'-<) t /'o ~ 0 ~ J,')c.e ~ . f\~J t,A.f< ~.f) \/•'c ~CL a~"'-.\f ~ ·~ Ji.Pi (y,'4rA . - 1t!Nld}0fr7:3D C£;Gu4$~ rtv- ¥ 5; ~r giving me a chance to speak tonight. As you know, my personal friend the president of the united states came to Mile High Coffee shop the other day. We don't get a chance to talk very much ; mainly because "I" keep pretty busy! You know , if he had small kids , he would have had his radio address at Funtastic. I know he like cotton c~dy! I have two rental homes that are completely falling apart and are a terrible eyesore on Acoma. I only collect $650 for one home (1200 square feet), and $550 for the small one (which is only "barely 600 square feet; the size of a regular bathroom in any home). Unfortunately , the type of clientele that these rental units attract are very low income , or basic troublemakers who don 't pay their rent or utilities on time , they damage the property, and although I don't allow any dogs on the property , they disobey the lease with huge vicious barking dogs that disturb the neighbors and scare my customers. I've looked into investing $50,000 or more per home to improve them , but no one will pay IWM rents of$1200 and $1500. It would ~improving them beyond their value and throwing money away for nothing. o v-er ,.1.rv, .< ~ "f1,I~ /-r,(#S c,., I would forgive $14 ,000 in rental income "every year' ifl didn 't have to deal with these problems . I would like the city to hire a consultant or appraiser of your choice (at my expense) to prove that if the city would tear down the homes and repave the area into a nice parking lot with trees and proper landscaping (similar to the Kaiser Permenente building), that my property would "not increase in value whatsoever" only that I would lose $14 ,000 per year in rental income , and the neighborhood would benefit greatly from this transformation. CR./m l?1 ()R,llfo-5 1 0141) ~ w ~.5 /).)l)VW D 155APl't.~ This would also help sell my property to a respectabl e developer in the ve ry near futur e whi ch wi ll generate sal es tax re venue from the red evelopment of over $50,000 per year. The city of Littleton did just that for the Reinke Bros. parking lot!~:!~ the same eyesore to the neighborhood , plus it allowed other store owners to let their customers ' park in the parking lot which kept the public from µal rt-·in the neighborhood streets , and was a win-win for everyone involved. s p1u1 '1fr' I'm asking for the same consideration because it would help clean up the neighborhood, stop problems coming out of these rental units , and help facilitate the sale and redevelopment of my existing site without adding value to my property whatsoever . /{)CC r l' f 17t/2(L / 7 e-1/ ;r;:~ .-51 ~ l>t'WLI L i){)J;i/TIJUl/.1 ~ 'I 'I trz;t'-t~ ( fl!TV /tV /U t'JI I 'I r,e/t.. F/ .... t. I 1 t V " -1 1 I • v , ... / BROADWAY AVE. ' ,• 1---- ~ ACOMA STREET N ll{ fl I progressive health center Opening December 2006 Visit us at www.PROGRESSIVEHEALTHCENTER.ORG Located 701 E. Hampden Ave . Suite 225 on the Swedish Medical campus-Englewood, CO 80113 303-788-9399 Services Acupuncture Counseling Craniosacra l Therapy Jin Shin Jyutsu ® Life Energy Flow Tai Yi® Stress Management Su e Goodin MA, FAWHP Meditation Nurse Consultations Nutrition Counseling Contact Us sgoodin progressivehealthcenter .org William Oliva BSB/M Project Manager wollva progressivehealthcenter.org Therapeutic Exercise Therapeutic Massage Yoga and Yoga Therapy Mary Collins RN, BSN, CN 303 -788 -9399 Becky Ebersole 303 -788 -9399 Our partners include: •a,.Swedish T Medical Center CRAIG HOSPITAL , COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 6, 2006 9 a i City Ditch Easement for 3066 and 3034 South Sherman Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Water and Sewer Board recommended Council approval during their October 9, 2006 phone vote of the Grant of Easement and Release of Notice for 3066 and 3034 South Sherman Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The property owners of 3066 South Sherman Street (Lynette Saunders) and 3034 South Sherman Street (Dr. Bruno) have respectively submitted Grant of Easements and Release of Notices for clarifying the City Ditch Easement that runs diagonally east to west spanning both properties. The agreements would allow new construction at 3066 South Sherman and incorporate an existing garage at 3034 South Sherman Street. Not all se c tions of the City Ditch are in recorded easements or rights-of-way. In some sections, the City Ditch is not in re cord ed rights-of-way, but is an easement by prescription . As opportunities arise, the U tilities Departm ent is attempting to acquire easements or right-of-way. Easements by prescription allow th e C ity to maintai n th e ditc h as -is, w here-is with no improvements . Formal easements allow the City to im p rove the ditch. Englewood's City Attorney has reviewed and approved the easements. FINANCIAL IMPACT None. LI ST OF ATTA CHMENT S Bill for an Ordin nee ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER ____ _ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN. WHEREAS, the Owner, Lynette Saunders, of 3034 South Sherman submitted a "Grant of Easement and Release of Notice" clarifying the City Ditch Easement that runs diagonally east to west spanning this property; and WHEREAS, the Owner, Louis Bruno, of 3066 South Sherman submitted a "Grant of Easement and Release of Notice" clarifying the City Ditch Easement that runs diagonally east to west spanning this property; and WHEREAS, these "Grant of Easement and Release of Notice" will allow new construction located at 3066 South Sherman and clarify the minor encroachment of an existing garage at 3034 South Sherman Street ; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of both notices at their June 14, 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of "Grant of Easement and Release of Notice" from Lynette Saunders, the owner of 3034 South Sherman, for a City Ditch Easement and Release of Notices along the City Ditch Right-of-Way, attached hereto as Attachment l. Section 2 . The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of "Grant of Easement and Release of Notice" from Louis . Bruno, the owner of 3066 South Sherman, for a City Ditch Easement and Release of Notices along the City Ditch Right-of-Way, attached hereto as Attachment 2 . Section 3. The City Manager is authorized to execute the "Grant of Easement and Release of Notices" for and on behalf of the City of Englewood, Colorado . Introduced , read in full , and pa cd on fir t reading on the 6th day of November, 2006 . -1- - Published as a Bill for an Ordinance on the 10th day of November, 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 cof y of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6 day of November, 2006 . Loucrishia A. Ellis -2- ( GRANT OF EASEMENT AND RELEASE OF NOTICE THIS GR.ANT OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made this __ day of , 2006 by LYNETTE L. SAUNDERS ("Grantor") whose address is 5304 South Cimarron Road, Littleton, Colorado 80123, and the CITY OF ENGLEWOOD, a Colorado home rule municipality ("Grantee") whose address is I 000 Englewood Parkway, Englewood, Colorado 80110. WHEREAS, a portion of an irrigation ditch commonly known as the "City Ditch" is located on portions of certain real property owned by the Grantor which is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Grantor's Property"); and WHEREAS, the City Ditch was created by an instrument which may have been recorded on or about May 10, 1876 in Book 82 at Page 4 77 of the records of the County of Arapahoe, Territory of Colorado (the "Prior Instrument") and is further evidenced by the Notice of Prior Recording of Easement dated April 14, 1999 and recorded in the real property records of Arapahoe County, Colorado on May 3, 1999 at Reception No . A9071966 (the "Notice of Easement"); and WHEREAS, in 2001 Grantee enclosed the City Ditch in pipe (the "City Ditch Pipe") and requested Rocky Mountain Consultants, Inc . to prepare a survey and legal description of the City Ditch boundary lyi ng within the Grantor's Property and within an adjacent parcel of real property owned by another which is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Adjacent Parcel "); and WHEREAS, the le ga l description of the boundary of the City Ditch located on the Grantor 's Property and on the Adjacent Parcel as determined by such survey is described on Exhibit "C", attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, Grantor and Grantee wish to clarify the property boundaries of the City Ditch as being coterminous with that portion of the Easement Property lying on Grantor's Property and to also further define their respective rights and obligations relating to the City Ditch and that portion of the Easement Property lying on Grantor's Prope1ty; and WHEREAS, the parties are also desirous of: (i) acknowledging that this Grant supersedes and replaces tho se terms and provisions of the Prior Instrument, if any, which may be in conflict with the provisions of this Grant; and (ii) releasing and forever discharging the Notice of a ement dated April 14, 1999 as a cloud on rantor's title to Grantor's Property. Tl I ~ R F RE, the parties cov nant and agr e as follows : \ hi hi ' 11111 r • •r Ill ( C 11 nl• le n• I ..... -rra uffi icncy and receipt f uccc ors and assigns, A t t a C h m e n t 1 perpetual easement over, under, across and through that portion of the Easement Property located on Granter's Property, all as is more particularly described on Exhibit "D" attached hereto and incorporated herein by this reference (the "Grantor 's Portion of the Easement Property"), for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. 2 . Access . Grantee shall have the perpetual , nonexclusive right of ingress and egress in, to, over, through, under and across Grantor's Portion of the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 3. Restoration. Grantee agrees that after any construction, maintenance, repair, replacement, removal, improvement or enlargement, if any, of the City Ditch, or of the City Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easement Property as nearly as possible to the grade and condition existing immediately prior to said construction, maintenance, repair, replacement, removal, improvement or enlargement, except as may be necessary to accommodate the City Ditch Pipe located within Grantor's Portion of the Easement Property. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on Granter's Portion of the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement, removal, improvement or enlargement, at Grantee's sole cost and expense . 4 . Maintenance. Grantee shall be responsible , at its sole cost and expense, for periodically mowing the grass on Grantor 's Portion of the Easement Property . 5. No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on Grantor 's Portion of the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure, building, planting, trees , shrubbery, or garden other than a grass type lawn. Grantee shall have the right to remove, without any liability to Grantee , any Improvements constructed , erected, placed or planted on the Easement Property without Grantor having obtained the prior written co nsent of Grantee. If such prior written consent is not obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during any construction, maintenance, repair, replacement, removal, improvement or enlargement perfi rmed by Grantee. 6. ubjacent and Lateral Suppott. Grantor covenants and agrees that Grantee shall have the right of ubjacent and lateral supp011 for the City Ditch Pipe located on Grantor's Po11ion of the Easement Property to whatever extent is necessary or desirable for the full, co mplete and undisturbed enjoyment of the rights granted to Grantee under this Grant to locate th ity Ditch Pipe on Grantor 's Portion of the Easement Property . 7 . Right of Grantor. Grantor reserves the full right to the undisturbed ownership. u. e :rnd o · up ncy of Grantor's Pmtion of the Easement Property insofar as said ownership, use and cupan y is nsi t nt with and does not impair the rights granted to Grantee in this Grant. .'JIIII er . 'I nt oi .1 IIICIII • I ,I • I 0-24-0 •ff 2 8. Abandonment. In the event Grantee shall abandon the rights granted to it under this Grant to operate and maintain both an irrigation ditch and storm water discharge structures, then all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned; provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all of the City Ditch Pipe, storm water discharge structures and related appurtenances from Grantor's Portion of the Easement Property. In the event that Grantor's Portion of the Easement Property is abandoned by Grantee, Grantor shall also have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in Grantor's Portion of the Easement Property by Grantee. 9. Prior Instrument and Notice of Easement. Grantee, by this instrument, does hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respect to the Grantor's Property. Granter and Grantee hereby acknowledge that the terms and provisions of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any, which may either be in conflict with or inconsistent with the Prior Instrument; otherwise the terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the Grantor's Property. I 0. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Release of Notice on the day and year first above written. GRANTEE: CITY OF ENGLEWOOD, a Colorado home rule municipality By:------------ S, under • r nl of e ement-le n-10-2 -06-rr GRANTOR: 4A. J __s,-"-~>-J STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this __ day of , 2006, before me, a Notary Public , personally appeared in his capacity as of the City of Englewood , a Colorado home rule municipality, to me known to be the p erson described in and who execu ted the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated , and as the free act and deed of the entiti es identified above. Witness my hand and seal of office. My commission expires: ___ _ [SE AL] Notary Public ST ATE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) On this c2,t./~ay of oeitft)f/( , 2006, before me, a Notary Public, personally appeared Lynette Saunders, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and dee d in the capaci ties stated, and as the free act and deed of the entities identified above. (}_~¥ 9' /J.1./U Notary Publi~ MyCOlmli · SS10n Expires Jan . 23, 2010 ~.11mdc1 • rnnt of c11 cmcnt-leun-10-24-06-rrg EXHIBIT A Legal Description of the Grantor's Property. Lot 15, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. unde1 ·inlnt of e ernent· le n-10-24-06-rr 5 EXHIBITB Legal Description of the Adjacent Parcel. Lots 13 and 14 and that part of Lot 15 lying north of the City Ditch, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. under -grant of cnscmcnt-clcan-10-24-06-rrg 6 EXHIBIT C Legal Description of the Easement Property . See attached legal description and description sketch . • under • r nt of c cmcnt-Icon-I 0-24-06-rrg 7 LEGAL PESCR[PTJON. A Parcel oflnnd located in tots 14 lhrongh I _7, !3lock ~.of Strayer's llro1dw1,YHei'eliii Subdi~i;;~~:-.. . '!. Plat recorrled .in ·Book A2 at PAge ·o1 ·l,i'ii1e Office of the Arupohoe County Clerk ond Rocorder,· located in lhe Southwest Quarter of the Northensl Quarter of Section 3,4, Township 4 South, Range (18 West of the Sixth Principal Meridian, CityofE.ngJewood, County of Arapahoe, State o!Golorado, huing more: particularly .described u follows : Commencing at the Southwest comer of said Lot 17; Thence ~orth 00"04'09" West, a distance of I .39 foot, to the True Point of Beginning; Thence 0Jor1g the following six (6) courses: . I.) North ooa04•09° West, o distance of29.14 feet; 2,) North 59aoo•o9 11 East, a distoncc of67.0J feet; .1.) North 71°l01l011 East, a dist11nc:e of70,77 feet; 4.) South 00°03'40" Ba.st, a distance of26,40 feet; S.) South 71°10' I 0" West, a distance of 59.61 /eet; 6.) South 59"00'09" West, a distance of79.34 feel, to the 'rruc Point of Beginning. Said Paree! contains 3,459 square feet or a.on> acre,, more or less. The Batis <If Bearings for this survey is the South line of the Norl'heast Quarter of said Section 34, being North 89•23•47•, .Elrsf , a distance of 1320.66 fi;ct, r,:, ... _,...., . d •r nt ore ement -le n-10-24-06-rrg un er • 8 LOT Hi LOT 14 '10lJSE LOT 15 .ALLEY - S RAYER'S BOADWAY Hi 7GHTS BOOK A , PAGE 01 LDT 17 BLOCK6 LOT 18 SOU TH SHERMAN STREET lHIS EXHIBIT DOCS NOT R&RESENT A MONUMEN T£n SUR'i£'(, IT IS ONLY INTENDED TO Dr.PICT lHE A TT ACf1[0 DESCRIPTION , ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 2 OF 2 e.>01 c .. P11alio1 •••· Su11, 101 cn ,1t.ou•, co 101 11 (JOJ) 741 -aooo r~ (JOJ) 741 -aioe JOI ~o. 2 ~t~Va :M·v DA 11 01 oo .,._, 11cvrm, 1112a oo l'RI u11d r~· •run1 of u crncnl· I an• I 0-24-0 -ri 9 EXHIBIT D Legal Description of Grantor's Portion of the Easement Property. That portion of Lot 15, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado, lying ten (10) feet north of the south boundary of the Easement Property; and That portion of Lots 16 and 17, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado, lying within the Easement Property . The cross hatched portion of the description sketch attached as a part of this Exhibit D depicts the Grantor's Portion of the Easement Property . • uunder -grant of ea cmc111-clc n-10 -2 4-06 -rrg 10 ( LO T 1 .. HOlJSt LOT 15 .ALLEY . S 'RAYER'S B OADWA.Y H, 1GHTS BOOK A, PAQI= 01 "········---..... . LOT 17 BLOCK6 LOT lB soun, SHERMAN STREET THIS EXHIBIT pr,cs NOT "'a>RESENT' A "40NUME'NT£0 SURVEY: 1r IS ONLY INTENDED T(' or.P1cr THI.! ATTACJ1EO DESCRIPTION . RO CKY MOUN_TAIN CONSULTANTS-, INC . .• :eJOl ,t.,P'.!."li•o.-Ai: :··swll~·IOI -·· Cnvlo.a~, co'ao111 (JOJ),711-8000 fAX _p9~L_741 ;,il,OL .---·.-::..::_=: • 08 No.·2~#~'.~?~;gOg -·· ·· OAtt ...:.1.1 °9{00 -=-~1-:·-··,rtyjiJtff"_1_1 29 00 \'RI ',,111nd ' •1 nt ofc . cment -cle n-10-24-06 -11 11 GRANT OF EASEMENT AND RELEASE OF NOTICE THIS GRANT OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made this __ day of October, 2006 by LOUIS L. BRUNO ("Grantor") whose address is 3034 S. Sherman Street, Englewood, Colorado 80110, and the CITY OF ENGLEWOOD, a Colorado home rule municipality ("Grantee") whose address is 1000 Englewood Parkway, Englewood , Colorado 80110. WHEREAS, a portion of an irrigation ditch commonly known as the "City Ditch" is located on portions of certain real prope1iy owned by the Grantor which is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Grantor's Property"); and WHEREAS, the City Ditch was created by an instrument which may have been recorded on or about May 10, 1876 in Book 82 at Page 477 of the records of the County of Arapahoe, Territory of Colorado (the "Prior Instrument") and is further evidenced by the Notice of Prior Recording of Easement dated April 14 , 1999 and recorded in the real property records of Arapahoe County, Colorado on May 3, 1999 at Reception No . A9071966 (the "Notice of Easement"); and WHEREAS, in 2001 Grantee enclosed the City Ditch in p ipe (the "City Ditch Pipe") and requested Rocky Mountain Consultants , Inc. to prepare a survey and legal description of the City Ditch boundary lying within the Grantor 's Property and within an adjacent parcel of real property owned by another which is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Adjacent Pl;lrcel "); and WHEREAS, the legal description of t he boundary of the City Ditch located on the Grant or's Property and on the Adjacent Parcel as determined by such survey is described on Ex hi bit "C ", attached hereto and inc orpo rated h erein by this r efer ence (the "Easement Property"); and WHEREAS, Grantor and Grantee wish to clarify the property boundaries of the City Ditch as being cotenninous with that p01iion of the Easement Property lying on Grantor's Property and to also further define their respective rights and obligations relating to the City Ditch and that p01iion of the Easement Property lying on Grantor's Property; and WHEREAS, the parties are also desirous of: (i) acknowledging that this Grant supersedes and replaces those terms and provisions of the Prior Instrument, if any, which may be in conflict with the provisions of this Grant; and (ii) releasing and forever discharging the Notice of Easement dated April 14, 1999 as a cloud on Grantor's title to Grantor's Property. TIIER.EfORTI, the parties covenant an<l agree as follows: I. Grant of Easement. For mutual consideration, the sufficiency and receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a p rpetual easem nt over, under, across and through that portion of the Easement Property A t t a C h m e n t 2 located on Grantor's· Property , all as is more particularly described on Exhibit "D" attached hereto and incorporated herein by this reference (the "Grantor's Portion of the Easement Property"), for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. 2. Access. Grantee shall have the perpetual , nonexclusive right ·of ingress and egress in , to, over, through, under and across Grantor's Portion of the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 3. Restoration. Grantee agrees that after any construction, maintenance, repair, replacement, removal, improvement or enlargement, if any, of the City Ditch, or of the City Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easement Property as nearly as possible to the grade and condition existing immediately prior to said construction, maintenance, repair, . replacement, removal, improvement or enlargement, except as may be necessary to accommodate the City Ditch Pipe located within Grantor's Portion of the Easement Property. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on Grantor's Portion of the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement, removal, improvement or enlargement, at Grantee's sole cost and expense. · 4. Maintenance . Grantee shall be responsible , at its sole cost and expense , for periodically mowing the grass on Grantor 's Portion of the Easement Property. 5. No Improvements . Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on Grantor's Portion of the Easement Property without obtaining the prior written consent of Grantee; provided .that the existing Gara ge presently encroaching 1.9 feet into Grantor's Portion of the Easement Property shall be permitted to remain thereon (the "Existing Garage "). Granter shall also have the right t o · maintain , improv e and rebuild the Ex isting Garage; provided that in doing so the encroachm ent of the Existi ng Garag e is not expanded. "Improvem ent s" shall mean any structure, build ing, planting, trees, shrubbery, or garden other than a grass type lawn. Grantee shall have the r ight to remove, without any liability to Grantee, any Improvements other than the Existing Improvements constructed, erected, placed or planted on the Easement Property without Grantor having obtained the prior written consent of Grantee. If such prior written consent is not obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during any construction, maintenance, repair, re placement, removal, improvement or enlargement performe d by Grantee. 6. Subiacent and Lateral Supp01t. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support for the City Ditch Pipe located on Grantor's Portion of the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant to locate th e City Ditch Pipe on Grantor's Portion of the Easement Prope11y . S 1 l \hruno 'ONV RT Dea cment 10-0 -06 vcr 2 .1 pd 7. Rights of Granter. Granter reserves the full right to the undisturbed ownership, use and occupancy of Grantor's Portion of the Easement Property insofar as said ownership, use and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Abandonment. In the event Grantee shall abandon the rights granted to it under this Grant to operate and maintain both an irrigation ditch and storm water discharge structures, then all rights, title and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned; provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all of the City Ditch Pipe, storm water discharge structures and related appurtenances from Grantor's Portion of the Easement Property. In the event that Grantor's Portion of the Easement Property is abandoned by Grantee, Grantor shall also have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in Grantor's Portion of the Easement Property by Grantee. 9. Prior Instrument and Notice of Easement. Grantee, by this instrument, does hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respect to the Grantor's Property. Grantor and Grantee hereby acknowledge that the terms and provisions of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any , which may either be in conflict with or inconsistent with the Prior Instrument; otherwise the terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the Grantor's Property. 10 . Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and . assigns of the respective parties hereto. The terms, covenants , agreements and conditions in this Grant shall be construed as covenants running with the land. IN W ITNE SS WHEREOF, the parties hereto have executed this Grant of Easement and Release of N otice on the d ay and y ear firs t abo ve written. LL GRANTEE : G £R· CITY OF ENGLEWOOD , a Colorado home rule municipality By : ___________ _ · l.\bruno\ ONVERTEO c cment 10-06-06 vcr 2.wpd - STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this __ day of , 2006, before me, a Notary Public, personally appeared in his capacity as of the City of Engl~wood, a Colorado home rule municipality, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated, and as the free act and deed of the entities identified above. Witness _ my hand and seal of office. My commission expires: ___ _ [SE AL] STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss. ) Notary Public On this 24th day of October, 2006, before me, a Notary Public, personally appeared Arden M. Gray, Attorney In Fact for Louis L. Bruno, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated, and as the free act and deed of the entities identified above. Witness my hand and seal of office. I . i--i·i c,r7 My commission expires: _\:l __ ,_ [SE AL] \brun NV RTC No tary Public EXHIBIT A Legal Description of the Adjacent Parcel. Lots 13 and 14 and that part of Lot 15 lying north of the City Ditch, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. · · EXHIBIT B Legal Description of the .Grantor's Property. Lot 15, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. EXHIBITC Le.gal Description of the Easement Property. See attached legal description and description sketch. 1Bt,At PESQl{PTJOhl, I . , • •· , • • • __ .... __ .. _: • ..... -.•• -----A .P.arcel orJ11nd locatocJ In 1.ota 14 throngl_l_l .. 7,. ~lpplc ~.ofStraJ'.Cr'11 Bro,11'.lwsyH~igl11s Subdivision, 11 Plat i:ecQ,rtlcd 111 -Book A2 ;1i Plge ·on,i the Offii;e of the Anipahoe -Coun(~ Cieri<: and Recorder,··· -·· --· ·· <• ·• --·10,.,oi/ in lh, s,..,,..,,., Qu,rt~ •flh, North..,, Q"'""•<Soclion 34, t,,.;,.,,, • s,,,~ n.,,, ' . foB w.,, •flh,Sh<t!, •ri~il"I.Mon;;,, Cltyofll,,&J•WOod, a..,,, of A,..,.,, S1a1o ,r9o1.,,,,, · -· · · --, ·' · ·· .i..;,, m= '"'''''* .;,,oribod " lhllow<, · · · · ·· . · · · .· ·. •. . . . ': Cornmencine. at lhe ~0_111hwcat comer -of~iid l'..ot"l, 7; Thanoe ~cinh i>0.~04 .. '09" We!i~, ·a distance of · fj~ feel, ~ .the 'r1lle Point of ~egiruiing; · . . Theneo ;al~i'i,; ~~eioiiow.i~, si~(6) .courica;: .1.J Noi1h 00°~'09" W,:;st; ii distil,:ice of29.14 feet; 2,) Norih :')l)D00!09 1 ' 1 Euat;_ ,a dia111nco of67.0~ feet: ::l ,)·· North. 7 .1 DJP 'JO" East, 1 dijlllnce of?0.77-f~ei; II ,) South 09•0~•40~ ·Salt, a distan.cc of26,40 feel; .S~) S0u1h 71'0 J 0' J 0" West, a distance Of S9,6i .feet, . . 6.) .~oulb 59°PQ'09" Wr.st. t dista1ice~r7.!l.34 feet. to lhe -Tn1c Point of Beginning. Sai~ P'arc~J cC>i11•in~ 3,45!) squar¢ !!let.or 0.079 acre.; .inore ·9r l'cis; 'Ille Batii11 nf Beariilts for th .is ~ufveyia the South line of1he .Northeas1 Quarter of sa id Section 34, , being Norlh 89°23'4 .7.'1 l!ut; a dh:tance of 1320.66 f~et. ••,' • •" ,. "t I'~ •,· ,,. I •• ' __ _..:.. _____________ .. __ f"'·-o:~,--:-•• ---· ·--· ... -,.,.. _ ....... ,-..... i_._, .••• 1•• ........... . ,-,:,_ -"'"' . • • • . • I ..: ••. :· .. ~ • • ·- ~-·: ... ...... ALlE:.Y.-,.·t'r•·•. ·""r"'· -·, ···-· -·· ............ -...... s L6t 1'1; . House: LOT 15. 'A .}'ER's · OADWA Y Hi SOQK A ; PAGE Di .. Lor l7 BLOGK.6 LO.l 1a , spun; _SHERMAN STREET ll/lS EXHIBIT POfS NOT REPRES£NT A MONUMENTEll SURVEY. JT IS ON(Y INTENDED TO Of:P/CT . THi;; A TT ACHED DES~IPTION, · . . ROCKY MC'JNTAIN CQNSLILTANTS, INC. 11301 E.. Pre"lio1 Ave . Sulle 101 tn,, .... .,, CQ eo111 (JDJ) ?41-IDOO rAX (JD3) 7•!-6108 SHEET ·2 OF 2 DATE 11 ou ioo 11111 C mcnt I 0-06 -06 .doc l..\brun o • REVISED II 28 /00 \/RI HTS EXHIBITD Legal Description of Grantor's Portion of the Easement Property. That portion of Lots 14 and 15, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado, lying twenty-five (25) feet north of the south bo~dary of the Easement Property; · The cross hatched portion of the description sketch attached as a part of this Exhibit D depicts the Grantor's Portion of the Easement Property. · ·:··.-~ .. :"' 1:.:•• •· •.•:·· •, s /..OT \& · LOTH . 1-fOUSE LOT 15 . ~ ... ·-··· ,• ':-.... -ALLt.Y -....... ·~-----·-· -··.-,--··---·~-----.. ~"t'E;R'S B OADWAY H 7GHrS BOQK A; PAGE01 ·' Lor .11 0.079 ACRE LOT 18 ;. soun, _SHERMAN STREET 'rHIS EXHIBIT Docs NOT REPRESENT A M0NlJMEN1!D SURVEY. IT IS ONLY INTENDED TO Of.PICT . THE· ATTACHED OESCA IPTION , ROCKY MOUNTAIN CQNSULTANTS, INC. e301 E .. Pr1nlia1 Ave. Sull e 101 tn,, .. o.~, co eo111 (lDJ) 741 -BDOO rAX (JOJJ 741 -l!OI J08 ~o. 2 11 1 g~'.aV~:8~11 OAT[ 11 08 00 \/RI ~E\IIS [D 11 29 00 VAi SHEET 2 OF .2 ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009. WHEREAS , the Englewood City Council does hereby determine that it is in the public interest and welfare of the residents of the City of Englewood, Colorado that the City engage in a cooperative effort with Arapahoe County for the conduct of Community Development Block Grant Program activities and projects in the City under and pursuant to the Housing and Grant Program activities and projects in the City under and pursuant to the Hou~ng and Community Development Act of 1974, as since amended (42 U .S .C . 5301 et seq .); and WHEREAS , the Englewood City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County with the passage of Ordinance No. 37 , Series of 1991 authorizing initial participation in the Urban County Entitlement Program for the CDBG program for federal fiscal years 1992 through 1994; and WHEREAS , the Englewood City Council passed Ordinance No . 39 , Series of 1994, that was extended by Amendments No . 's 1, 2 and 3, relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for federal fiscal years 1995 through 2006 ;and WHEREAS , the Englewood City Council passed Ordinance No . 13 , Series of 2006 authorizes a three-year Intergovernmental Cooperation Agreement between Arapahoe County and the City of Englewood relating to the conduct of Community Development Bl ock Grant (C DBG) and HOME Inve stment Partnership (HOME) programs for program grant years 2007 through 2009 ; and WHEREAS, HUD has requested an amendment to the IGA Cooperative Agreement pertaining to the mandatory language relating to policies prohibiting undo force in civil rights demonstrations; and WHEREAS , the passage of this Ordinance authorizes Amendment No. One amend ing the mandatory language relating to policies prohibiting undue force in civil rights demonstrations ; N W, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL OF THE CITY OF NG LEW OD, COLORADO, AS FOLLOWS : -1- Section 1. The City Council of the City of Englewood, Colorado hereby authorizes Amendment No . One To The Intergovernmental Cooperation Agreement Between Arapahoe County, Colorado And City Of Englewood Relating To The Conduct Of Community Development Black Grant And Home Partnership Programs For Program Grant Years 2007 Through 2009, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Amendment No. One, for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 16th day of October, 2006. Published as a Bill for an Ordinance on the 20th day of October, 2006. Read by title and passed on final reading on the 6th day of November, 2006. Published by title as Ordinance No._, Series of 2006, on the 10th day of November, 2006. Olga Wolosyn, Mayor AITEST: Loucrisbia · A. Ellis , City Clerk I, Loucrishia A. Ell is , 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 t itle as Ordinance No . _, Series of 2006 . Loucrishia A. Ellis -2- AMENDMENT NO. ONE . TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOECOUNTY,COLORADO AND CITY OF ENGLEWOOD RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM ORANT YEARS 2007 THROUGH 2009 This AMENDMENT NO. ONE made this __ day of __ , 2006 by and between City of Englewood ("City") and the Board of County Commissioner of Arapahoe County, Colorado ("County"). WHEREAS , the City agreed to participate with the County in the Community Development Block Grant Program (COBO) and the HOME Partnership Program (HOME) and entered into an Intergovernmental Cooperation Agreement with the County , dated June 27 , 2 006 (hereinafter the "Agreement "); and WHEREAS , the County has been notified by the U.S . Department of Housing and Urban Development that the clause set forth below must be included in the Agreement. NOW, THEREFORE, for the mutual consideration of the parties , the receipt and sufficiency of which are hereby acknowledged , the parties hereby agree as follows : 1. Section 9 of the Agree ment is hereby amended to state as follows : The co op erati ng un it of general loc al gov ernment (City) has adopted and is enforcing: (1) a policy proh ibit in g th e use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and, (2) a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. All ther tenn , conditions and amendment n t in n istent with thi in orp rated her in by thi refi r nc . tions of the Agreement and any previous Amendment No. One are reaffirmed and E X H I e I T A In Witness Whereof, the Parties have caused this AMENDMENT to be duly executed this __ day of __ , 2006. Attest: Clerk to the Board Witness: Title: City Clerk Loucrishia A. Ellis Board of County Commissioners Arapahoe County, Colorado By: _______ _ Rod Bockenfeld, Chairman City of Englewood By: _______ _ Title: Mayor -Olga Wolosyn COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 6, 2006 9 Ci Englewood Public Library 's 2006 "Winter Food for Fines " Program Initiated By: Staff Source: Library Department Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program since 1990, and each year the City Council has voiced its support. In 2003, the annual Food for Fines program was expanded to twice a year at the request of the Library Board, and subsequently approved by City Council, for two weeks during the summer as well as two weeks at the end of the calendar year as a way to mitigate the increase in O verdue Library Fines and as a w ay to encourage the timel y return of EPL materials so that they can be used by more people. The two weeks of the Summer Food for Fines program covers the last week of the public school year and the first week of vacations, a time during which students and teachers are cleaning out their desks and lockers in preparation for the summer break and numerous overdue Library materials are located, whereas the two weeks of the Winter Food for Fines program trad it ionall y c overs the period in between the Thanksgi v ing and Christmas holidays. H istoricall y, eac h of these two biannual ev ents averages $1 ,000 to $1 ,500 in donated food items fo r the lnterFaith Community Services food bank. RECOMMENDED ACTION Th e Library Department recommends City Council approv e a Resolution authorizing the Library D ep artm ent to implem ent its 2006 Winter Food for Fines program from Monday, November 27 through Sunday, December 10. BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED For the past 16 years, the Englewood Public Library has provided its "Food for Fines" program as a way for those patrons with fines on their overdue EPL materials to "pay" them off through the donation of non-perishable food items that are , in turn , forwarded to Interfaith Community Se rvi c e s for their "food bank" distri b ution t o financia ll y disadva ntage d fami lies in the Eng lewood rea . Following 2003's increase in maxim u m Overdue Fi nes from $2 t o $5, th e Library Board requested that the number of food items requ ired to pay off a si ngle O ver d ue ch arge also b e increased beginning with the 2004 Winter Food for Fines program, e.g. it now takes two food items to c ncel out the late charges (not lost or damaged charges) on on e overdue item. These food it m must be presented to the Library Staff at the Circula t ion Desk in orde r fo r th e fines to be I red from the patron's compu t er record. This program has been warmly received and supported th public since its inception, and Library patrons now look forward to it as a way of helping RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT TIIE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 27, 2006 THROUGH SUNDAY, DECEMBER 10 , 2006 . WHEREAS , the Englewood Public Library has sponsored a "Food for Fines" program since 1990;and WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items ; and WHEREAS, the food items are then forwarded to the Interfaith Community Services for their "food bank" distribution to financially disadvantaged families in the Englewood area; and WHEREAS, the program is a benefit to the community in that the disadvantaged are assisted; the air cleared with respect to fines ; and the City receives its library materials back and the program presents a positive image of the Library and the City. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The Englewood City Council hereby authorizes the Englewood Public Library 's implementation of the annual "Winter Food For Fines" program from November 27 , 2006 through December 10 , 2006 . The collected food will then be forwarded to the Interfaith Community Services for distribution to financially disadvantaged families in the Englewood area . ADOPTED AND APPROVED this 6th of November, 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 . Loucri hia A. Ellis, City Clerk • ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 6, 2006 11 a i Economic Development Commission - Enterprise Zone Marketing and Administration Grant -EDC #699 Initiated By: Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community Development Goal: Initiate business retention, revitalization , and growth strategies. Community Development Goal: Leverage City resources through grant funding. City Council has approved pre vious marketing and administration grant contracts with the State of Colorado -Economic Dev elopment Commiss ion in support of the Arapahoe County Enterprise Zone. RECOMMENDED ACTION Staff recommends that City Council adopt a Bill for Ordinance accepting $1 2,5 00 from the State of Colorado -Economic Development Commission (EDC). This grant w ill be used to f und marketing and administration acti v ities for the Arapahoe County Enterprise Zone . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, th e City applie d to the Sta te of Co lorado and was granted Enterprise Zone sta tus for a majority of the industrially and commercially zoned property in Englewood. Englewood administers the Arapahoe County Enterprise Zone for the City's of Sheridan, Littleton, and Englewood . The Economic Development Commission has a competitive grant program for Enterprise Zones, which provides marketing and administrative support. This is the 11th consecuti e year Englewood has applied for and received funding to administer and market the Arapahoe County Enterprise Zone. The Enterprise Zone marketing grant is used to support business retention and community marketing activities . Marketing activities funded wi th this grant encourage businesses to take ad antage of Enterprise Zone ta x credi ts and highlight the Englewood business community. In 2005, 89 Engl ood businesses claimed tax er dits through the Ent rpris Zan . The tax iJl:!J u the Enl , ptbe Zune Llt!d lu l:!nhat1LI:! lht! growth of lh~ luL I~ unum d~ the in rea ing I I of in estm nt nd incr asing annu I lari for Engl wood Benefits to Englewood businesses located in the Arapahoe County Enterprise Zone total $850,055.30 in State of Colorado tax credits. This includes tax credits in the following categories: $615,905.62 in investment tax credit, $28,915.00 in new business facility tax credit, $109,903.64 in job training tax credit, $5,000 in health insurance tax credit, and $90,331 .00 for research and development tax credit. Englewood businesses reported total capital investments of over $27.3 million during 2005. FINANCIAL IMPACT The Economic Development Commission requires that the City provide matching funds to meet grant requirements. The attached contract between the Economic Development Commission and the City of Englewood pledges $1 2,500 in local matching funds to meet this obligation. These funds are included in the Community Development departmental budget. Grant and matching funds will be used for a variety of Enterprise Zone marketing and administrative activities. LIST OF ATTACHMENTS Bill for Ordinance ( ORDINANCE NO . SERIES OF 2006 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and was granted, Enterprise Zone status for a majority of the industrially and commercially zoned property in the City of Englewood; and WHEREAS , the State Economic Development Commission has a competitive grant program for marketing and administrative support of Enterprise Zones ; and WHEREAS , this is the eleventh year in which the City of Englewood has applied for and received such funding ; and WHEREAS , the Enterprise Zone is used in the City to initiate business retention, revitalization and growth strategies ; and WHEREAS , by encouraging businesses to take advantage of Enterprise Zone tax credits, an opportunity is created for businesses to strengthen operations through reinv estment of these dollars back in their business; and WHEREAS , the Colorado State Economic Development Commission requires that the City provide matching funds to meet Grant requirements; and WHEREAS , the Grant and related Agreement between the State of Colorado Economic Deve lopment Commission and the City of Englewood pledges $12,500.00 in local matching funds to meet this obligation; and WHEREAS, this Grant and the matching funds will be used for a variety of Enterprise Zone marketing and administrative activities in the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The Agreement between the State of Colorado, Economic Development Commission, and the City of Englewood for a Grant of $12,500 .00 to be used for Enterprise Zone Marketing and Administrative activities, a copy of which is attached hereto a Exhibit 1, is hereby accepted . -1- • Section 2. The Mayor and City Clerk are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 6th day of November, 2006 . Published as a Bill for an Ordinance on the 10th day of November, 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 6th day of November, 2006 . Loucrishia A . Elli s -2- ( EDC # 699 DEPARTMENT OR AG ENCY NUMBER EDA CONTRACT ROUTING NUMBER CONTRACT THIS Contract, made this __ day of , 200 6 , by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development, Economic Development Commission ("E.D .C ."), 1625 Broadway #1710, Denver, Colorado 80202, hereinafter referred to as the State , and City of Englewood, 1000 Englewood Parkway, Englewood.CO 80110, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund No. 156, Approp. Code , Org . Unit , Contract Encumb. No. E7EDC699 ; and WHEREAS , required approval, clearance and coordination has been accomplished from and with appropriate ag~ncies; and WHEREAS, the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base; and WHEREAS , pursuant to 24-46-101 to 105, C.R.S. 1987 , the Colorado Economic Development Fund is created, and is to be administered by the Colorado Office of Economic Development in the Office of the Governor; and WHEREAS , applications for distributions from the Colorado Economic Development Fund have been received by the Economic Development Commission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Governor that the project described in this contract be financed with a grant; and WHEREAS, the Governor has reviewed the proposed expenditure of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS , the Contractor is an eligible recipient of Colorado Economic Development funds; NOW THEREFORE it is hereby agreed that: 1. Scope of Services . In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A , hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the a tta ched Exhibit A ., who is hereby designated as the administrator-in-charge of this Project. At any time the adminis trator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable repl acement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract nd shall be undertaken and performed In the sequence set forth In the "Ti me of Performance" in the ttach d Exhibi t A. No Economic Development Commls Ion Funds provided under th is contract w ill be E X h i b i t 1 expended prior to the full execution of this contract. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the "Time of Performance ." 4. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed TWELVE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($12,500). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 5. Accounting . At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds , and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval of the State . Adjustments of budget expenditure amounts in excess of ten percent ( 10%) must be authorized by the State in an amendment to this Contract properly executed and approved pursuant to the State Fiscal Rules . In no event shall the State's total consideration exceed the amount shown in Para- graph 4 above . a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State . b . The Contractor shall request the final payment , which is the amount withheld by the State until the Project is complete , for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds rece ived by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c . Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract man itor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time . 6. Audit. The State or its au thoriz ed represen tat ive shall h ave the r ight to inspect, examine , and audit Contractor's records, books and ac counts , including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours . Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Economic Development Commission . Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year . 7. Personnel. The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A. all personnel, as employees of the Contractor, necessary to pe1 form lhe work and services required to be performed by the Contractor under this Contract. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services . 8 . Termination of Contract for Convenience of Either Party. Either the State or the Contractor may te rminate th is Contract at any time th party determines that the purpose of the Contract would no longer be served by complet ion of the Project. The party desiring to terminate the Contract shall effect such termination by giv ing written notice of termination to the other party and specifying the effective date thereof, at least thirty (30) days prior thereto. In that event , all finished or unfinished documents and other materials shall, at the option of the State, become its property. Contractor shall repay funds advanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience . 9 . Termination of Contract for Cause; Repayment of Advanced Funds a . If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract , or if the Contractor shall violate any of the covenants, agreements , or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof , at least five (5) days before the effective date of such termination . In that event, all finished or unfinished documents, data, stud ies, surveys, drawings, maps, models , photographs, media contracts and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . b . Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined. c. If funds have been advanced to th e Contractor, Cont ractor shall repay such funds to the exten t they are not expended in accordance with the terms of this contract at the time of terminat ion . 1 O. Changes . The State may, from time to time , require changes in the scope of services of the Contract to be performed hereunder. However, th is Contract is intended as the complete integration of all understand ings between the part ies at th is time, and no prior or contemporaneous add ition , delet ion , or other amendment hereto, including any increase or decrease in the amount of monies to be pa id to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstand ing this provis ion , changes in the time of performance may be agreed to by letter if so prov ided fo r in Ex h ibit A , and contractor may make ad j ustments of less than 10 pe rcent in budget line items as pro vi de d for in th e "Ac count ing" sect ion of thi s Co ntract. 11 . C o nfl ict of Inte res t. a . No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract. b . The Contractor agrees that no person at any time exercising any function or responsibility, in connection with the elements of this project that are financed with State funds, on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which w ill be materially affected by this Contract, except to the extent that he may receive compensation for his performance pursuant to this Contract. c. A personal financial or economic interest includes , but is not limited to : i. any business entity in which the person has a direct or in dire ct monetary interest; ii. any real property in which the person has a direct or indirect monetary interest ; iii. any source of income , loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Contract; iv . any business entity in wh ic h the person is a director, officer , general or limited partner , trustee , employee. or holds any position of management. (a) For purposes of this subsect ion , ind irect investment or interest means any investment or interest owned by the spouse, parent, brother, sister , son, daughter, father-in-law, mother-in -law, brother-in-law, sister-in -law , son-in-law , or daughter-in-law of the person by an agent on his/her behalf, by a general, limited , or silent partner of the person, by any business entity controlled by said person , or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent {50%) of the ownersh ip interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000 .00). d . In the event a conflict of interest, as described in this Paragraph 11, cannot be avoided without frustrating the purposes of this Contract , the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest , as determined by the State, the State reserves the right to terminate the Contract for cause , as provided in Paragraph 9 above . Failure to file a disclosure statement required by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by the State . 12. Subcontracts . Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Economic Development Commission upon request by the State . Any and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. 13. Severability . To the extent that this Contract may be executed and performance of the obligations of th e parties may be accompl ished w ith in the intent of the Contract , the terms of th is Contract are seve rab le , and should any term or provision hereof be declared invalid or become inope rative for any reason, such invalid ity or fa ilure shall not affect the val idity of any other term or provis ion hereof. The wa iver of a ny breach of a term hereof shall not be construed as waiver of any other term . 14 . Binding on Successors . Except as herein otherwise prov ided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto , and their respective successors and assigns . 15. A ssignment. Ne ither party, nor any subcontractors hereto , may assign its rights or duties under th is Cont ra ct w itho ut t he prior written consent of the other pa rty . 16 . Limi tation to Particu l ar Fu nds . Th e parties he ret o ex pressly recognize tha t the Contracto r is to b e paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State . In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 17 . Minority Bus iness Enterprise Participat ion . It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of th is Contract. As used in th is Contract, the term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses , at least 51 percent (51 %) of the stock of which is owned by minority group members . For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, As ian Americans, American Indians, American Eskimos and American Aleuts . The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation . 18 . Taxes . The state agency , as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No . 84-730123K) and from all state and local government use taxes [C .R.S . 39- 26-114(a) and 203, as amended). Vendor is hereby notified that when materials are purchased for the benefit of the State , such exemptions apply except that in certain political subdivisions (for example -City of Denver) the vendor may be required to pay sales or use taxes even thought the ultimate product or service is provided to the State . These sales or use taxes will not be reimbursed by the state. 19 . Intellectual Propertv . a . Contractor will indemnify State for its reasonably incurred legal expenses and will defend or settle, at Contractor's option and expense , any legal proceeding brought against State, to the extent that it is based on a claim that products infringe a trade secret, trademark, mask work, copyright, or patent. Contractor will pay all such expenses , together with damages and costs awarded by the court which finally determines the case, or are incurred in the settlement thereof, if State : (i) gives written notice of the claim promptly to Contractor ; (ii) gives Contractor control of the defense and settlement of the claim; (iii) provides to Contractor, at Contractor's expense , all available information and assistance ; and (iv) has not compromised or settled such claim . b. If products are found to infringe, Contractor will : (i) obtain for State the right to use such products; (ii) replace the products with non-infringing products or modify the products so that they become non- infringing; or, if neither of these Alternatives is reasonably available, (iii) remove the infringing products and refund the price paid therefore . c . Contractor has no obligation under this Paragraph 19 for any claim wh ich results from : (i ) use of products in combination with any non-Contractor provided equipment, software or data ; (ii) Contractor's compliance with designs or specification of State; (iii) modification of products other than at Contractor's direction ; or (iv) use of an allegedly infringing version of products , if the alleged infringement could be avoided by the use of a different vers ion made available to State . 20 . Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority : 1) Colorado Special Provis ions , pages 6 to 7; 2) Contract, pages 1 to 5; 3) Exhibit A ; 4) Any attachments to Exhibit A . SPECIAL PROVISIONS (For Use with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24 -30-202 (1) Th is contract shall not be deemed valid until it has been approved by the Controller or the State or Colorado or such assistant as he may de signate. 2. FUND AVAILABILITY . CRS 24-30-202 (5 .5) Financial obligations of the State of Colorado payable after the current fis cal year are contingent upon funds ror that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICAT ION . To the extent autho r ized by law, the Contractor shall Indemnify, save, and hold harmless the State, its employees and ag ents, against any and all claims, damages, liab ility an d court awards including costs, expe nses, and attorney fees incurred as a result of any act or om ission by the Co nt ra ctor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or inte r preted as a waiver, express or implied, of any of the immunities , rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24·10·101 et seq . or the Federal Tort Claims Act, 28 U.S.C. 2671 et se q . as applicable, as now or hereafter amended . 4. INDEPEND ENT CONTRACTOR . 4 CCR 801-2 THE CON TRACTOR SHALL PERFORM ITS DUTI ES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMP LO YEE . NEITHER THE CON TRACTOR NOR AN Y AGEN T OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLO YEE OF THE STATE . CONTRACTOR SHALL PAY WH EN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CON TRACT . CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT I NSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE . CONTRACTOR SHALL HAVE NO AUTHOR!ZAT!DN , EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WO RKERS' COMPENSATION (AN D PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comp ly with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employmen practices . 6. CHOICE OF LAW . The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not Incorporated herein by reference, which provides for arb itration by any extra -Judicial body or pe rs on or which is otherw ise in conflict with said laws, rules , and regul ations shall be considered null an d void . Nothing contained in any provision incorporated herein by reference which purports to negate th is or any other special provisi on in who le or in part shall be valid or enforceable or available i n any action at law whether by way of complaint, defense , or otherwise . Any provisi on rendered null and vo id by the operation of th is provision wlll not invalidate the remainder or th is contract to the extent that the contract is capable of execution. At all t imes during the performance or this contract, the Contractor shall strictly adhere to all app licable federal and State laws , rules , and regulations that have been or may hereafter be established . 7. SOFT WAR E PIRACY PROHIBITION Governofs Executive Order D 00 2 00 No State or other public funds payable under this Contract shall be used for the acquisitio n, operati on , or maintenance of co mputer sortware In violation of Uni t ed States copy r ig ht la ws or applicable licensing restrictions. The Co ntractor hereby certifies that, for the term o f th is Contract and any ex tensions, the Contractor has in place ap propriate systems and controls to prevent such improper use of public funds. If the State determ in es t hat the Contractor Is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, inclu d ing , without limitation, immediate termination of the Contract and a.nY remedy consistent with Un ited States copyright laws or applicable licensing restrictions . 8. EMPLOYEE FINANCIAL INTEREST CRS 2•·18 -201 and CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial In terest whatsoever In the service or property described herein . 9. IL LEGAL ALICNS -PUBLIC CONTRACTS FOR SERVICES . CRS 8-17 .5-101 and 24 -76 .5-101 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8 -17 .5-101 et seq . The Contractor shall not knowingly employ or con tract with an ,llegal alien to perform work under this contract or enter Into a contract with a subcontractor that falls to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract . The Contractor represents, warrants, and agrees that It {I) has verified that It does not employ any Illegal aliens, through participation in the Basic PIiot Employment Verification Program administered by the Social Sec urity Administration and Department of Homeland Security, and (11) otherwise will comply with the re qu iremen ts of CRS 8 -17 .5 102(2){b). The Contractor shall comply with all reasonable requests made ,n the course of an Investigation under CRS 8 - 17 .5-10 2 by t he Color do Department of Labor and Employment. If the Contractor falls to comply with any requirement of this provision or CRS 8 - 17 .5 -101 et seq ., the St te may terminate this contr ct for breach and the Contractor shall be liable for actual and consequential damages to the Sta te . A Contractor that op rates as a sol proprietor hereby swears or affirms under penalty or perjury that t he Contractor (I) Is a citizen of the United States or othe r wise lawfully pr s nt In th Unit d States pursuant to federal la w, (II) shall compl y with the prov1s1ons of CRS 24 -76 .5 -101 et seq, and {Iii) shall produce one of the forms of d ntlficatlon required by CRS 24 -76 .5-103 prior to the ffe t11ve date or this Co ntract . Except where exempted by federal law and e•cepl s prov,d d In CRS 24 ·76 .5·103(3). a Con tractor that r ce,vcs rd ra l or stale funds under this contract must con firm that any ind lv,du I na tural per on eight n v "or age or old r Is lawfully pr sent In the United ttt pu"uant to CRS 24-76 .5·103 (4) If such lnd 1vldual applies fo r public ben fit s prov1d d und r th, con tr1ct . II llv O t of Si,e,1al Prov, Ions August 7, 2001> SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: City of Englewood Legal Name of Contracting Entity 84-6000583 Soaal Security Number or FEIN Signature of Authorized off,cer STATE OF COLORADO: BILL OWENS GOVERNOR By~-,.~=-""'."""1..--,-~,-,---,--------~ Director, Brian Vogt Office of Economic Development PRE-APPROVED FORM CONTRACT REVIEWER: Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required .) Attest (Seal) By------------ (Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here , if available .) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. ST ATE CONTROLLER: Leslie M. Shenefelt By ~---=-.,..,-...,...,..--------Betty Keena Date _____________ _ Effective Date : August I , 2005 D EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE EDC # 699 EXHIBIT A Colorado Economic Development Commission SCOPE OF SERVICES 1. Project Description and Requirements The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area. These funds shall be used for the purposes of promotional activities that will market and advertise the advantages of locating a business in the contractor's enterprise zone area, create a positive identity for the enterprise zone area, encourage retention and expansion of existing businesses, promote redevelopment, expand the region's tourism industry, attract new businesses , and generally enhance the economic growth of the enterprise zone area . Such activities shall include the preparation, production, and/or distribution of market research , printed materials , direct mail campaigns, print media advertising, trade show promotions, special events , direct business prospect visitation, and other closely related activities . No more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs . Contractor may allocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone. Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors . The contribution from the Economic Development Fund under this Contract shall not exceed the amount of local matching funds expended on this project or TWELVE THOUSAND FIVE HUNDRED dollars ($12 ,500), whichever is less . All project costs in excess of this amount will be the responsibility of the Contractor. Contractor shall match E.D.C . funds used on this project with at least a dollar-for-dollar cash match from local sources . Local expenditures on enterprise zone marketin g projects incurred pr ior to the effective date of this project but subsequent to June 1 , 2006 , may be counted toward t he match ing funds requirement , prov ided that such expend it ures have not been used to meet other state contractual matching fund req uirements. The performance of the serv ices required hereunder shall be under the direct supervision of Darren Hollingsworth, an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. 2 . Time of Performance The Project shall commence upon execut ion of th is Contract. The Contract will expire on December 31. 2007 , except that the Contract may be extended a maximum of 6 months subj ect to the mutual agreement of the State and the Contractor. A request for extension by t he Co ntractor shall be subm itted to the State at least 30 days pr ior to the expiration of the Co ntr act w ith a full justific ation for the exte ns ion request. ... 3 . Budget REVENUE EXPENDITURES E.D .C . Funds $12,500 Market Research , Publications, Advertising, Trade Shows , Web Site Development, Seminars, and Direct Marketing for the Arapahoe County Enterprise Zone Program $18,750 Local Funds 12,500 Zone Admin istration 6 ,250 TOTAL: $25 ,000 TOTAL: $25,000 4 . Payment Schedule I. $5,000 II. 6,500 111. 1,000 $12 ,500 Initial payment to be paid upon request by the contractor following the execution of this contract. Interim payments to be paid upon request and the subm ission of proper documentation of expenditures of E .D.C . and local funds and work progress. Final payment to be made upon satisfactory completion of the Project. The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D .C. funds for which payment has been requested and of matching local funds . TOTAL Requests for payment will be initiated by the Contractor in accordance with the provisions of Paragraph 6 of the main body of this contract. 5 . Monitoring Colorado Economic Development Commission staff will monitor this Project on an as -needed basis . 6 . Reporting Schedule The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E.D .C . funds at the time interim payments are requested . The Contractor will submit a final financial status report properly documenting all expenditures of E.D .C . funds at the time the final payment is requested, in accordance with the payment schedule. ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER T c,MASSO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITlilN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has detennined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are pennitted under Arti~le X , Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2006 , due and payable as required by statute in the year 2007, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2 .52 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado . That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law . Introduced, read in full , and passed on first reading on the 16th day of October, 2006 . Publ is h ed a s a Bill for an Ordinance on the 20th day of October , 2006 . Read by title and passed on final reading on the 6th day of November, 2006 . Published by title as Ordinance No._, Series of 2006 , on the 10th day of November, 2006 . Olga Wolosyn, Mayor ATTEST : Loucri hia A . Elli , City Clerk -1- - 11 b I 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 -2- '· ----------------- ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER TbMASSO AN ORDINANCE ADOPTING nm BUDGET OF nm CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2007. WHEREAS, pursuant to the provisions of Part I, Article X , of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2007 was duly submitted by the City Manager to the City Council before September 15 , 2006; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 18, 2006. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS , the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; and WHEREAS , it is the intent of the City Council to adopt the 2007 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the budget of the City of Englewood, Colorado, for the fiscal year 2007, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 2007 . Section 2. GENERAL FUND Total Fund Balance, January 1, 2007 Sales/Use Tax Pro perty and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Penni ts Intergovernmental Revenue Charges for Servic e C ultural & Recreation Fines & Forfeitures Inter t -1 - 2007BUDGET $ 7,583 ,883 Revenues 22,540,447 2,951 ,335 2,727 ,463 621 ,090 1,183 ,470 3,189,500 2.261.42 8 1,493 ,500 300 ,000 11 b ii Miscellaneous Total Revenues Other Financing Sources Total Sources of Funds Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development Library Services Parks and Recreation Services Contingencies Debt Service Total Uses of Funds Total Fund Balance, December 31 , 2007 Section 3. DEBT SERVICE FUNDS General Obligation Bond Fund Fund Balance, January l, 2007 Revenues Expenditures Fund Balance, December 31 , 2007 Paving D istrict #38 Fund Balance, January 1, 2007 Revenues Expend itures Fund Balance, December 31 , 2007 Section 4. SPECIAL REVENUE FUNDS Con ervation Trust Fund Fund Balance, January 1, 2007 -2- ~------ 150,000 $ 37,411 ,233 279,030 $ 37 ,697 ,263 Expenditures 325,959 720 ,646 932,562 655,188 563,298 1,700,220 1,281,168 5,176,852 16,833,823 1,686 ,645 1,336 ,263 5,705 ,171 395 ,000 1,869,761 $ 39 ,182 ,556 $ 6 ,098 ,590 $ 11,020 $ 1,105 ,000 $ 1,100 ,406 $ 15 ,614 $ 4 ,292 $ 44 ,211 $ 48 ,50 3 $ -0- $ 192 ,592 Revenues $ 315 ,000 Expenditures $ 286 ,000 Fund Balance, December 31 , 2007 $ 221 ,592 Commercial Revolving Loan Fund Fund Balance, January l , 2007 $ 214 ,003 Revenues $ 10 ,000 Expenditures $ 30,200 Fund Balance, December 31 , 2007 $ 193 ,803 Community Develo~ment Fund Fund Balance, January l, 2007 $ -0- Revenues $ 450 ,000 Expenditures $ 450,000 Fund Balance, December 31 , 2007 $ -0- Donors Fund Fund Balance, January 1, 2 007 $ 386,025 Revenues $ 108 ,100 Expenditures $ 89 ,785 Fund Balance, December 31 , 2007 $ 404,340 Malley Center Trust Fund Fund Balance, January 1, 200 7 $ 2 54 ,768 R evenues $ 23,000 Expenditures $ 50,000 Fund Balance, December 31 , 2007 $ 227 ,768 Parks and R ecreation Trust Fund Fund Ba lance, January 1, 2007 $ 427,953 Revenues $ 13 ,500 F. penctitures 19 ,000 Fund Balance, December 31 , 2007 $ 422,453 SQecial Assessment SJ:!mlus & Deficienc:x: Fund Fund Balance, January 1, 2007 $ 15 ,734 Revenues $ 2 ,000 Expenditures and Transfers $ 17,734 Fund Balance, December 31 , 2007 $ -0- Ot>en SQace Fund Fund Balance, January l , 2007 $ 564,110 Revenues $ 652 ,000 Expenditures $ 913,000 Fund Balance, December 31 , 2007 $ 303 ,110 Section 5. CAP IT AL PROJECT FUNDS Public lmQrovement Fund Fund Balance, January l , 2007 $ <87 ,045> Rev enues $ 3 ,345 ,489 Expenditures and Transfers $ 3,063 ,735 Fund Balance, December 31 , 2007 $ 194,709 CaQital Projects Fund Fund Balance, January 1, 2007 $ 93 ,100 Revenues and Transfers In $ 1,635 ,205 Exp enditures $ 1,48 5,205 Fund Balance, December 31, 2007 $ 243,100 Section 6. INTERNAL SERVICE FUNDS Servicenter Fund Fund Balance, January 1, 2007 $ 498 ,308 Revenues $ 1,855,490 Expenditures $ 1,952,048 Fund Balance, Decemher 31 , 2007 $ 401 ,750 guiQment R~lacement Fund Fund Balance, January 1, 2007 $ 460 ,791 Revenues $ 765 ,633 Expenditures $ 1,089 ,664 Fund Balance, December 31 , 2007 $ 136,760 Risk Management Fund Fund Balance, January 1, 2007 $ 240,132 Revenues $ 1,318 ,632 Expenditures $ 1,273 ,985 Fund Balance, December 31, 2007 $ 284,779 Employee Benefits Fund Fund Balance, January 1, 20076 $ 413,404 Revenues $ 4 ,718,253 Expenditures $ 4 ,700 ,200 Fund Balance, December 31 , 2007 $ 431 ,457 Central Services Fund Fund Balance, January 1, 2007 $ 229,728 Revenues $ 345 ,000 Expenditures $ 354,605 Fund Balance, December 31 , 2007 $ 22 0,123 Section 7. ENTERPRIS E FUNDS Water Fund Fund Balance, January l, 2007 $ 4 ,062 ,001 Revenu es $ 7,564 ,2 05 Expend itures $ 8,2 61 ,825 Fund Balance, December 31 , 2007 $ 3,364,38 1 Sewer Fund Fund Balance, January 1, 2007 $ 22,274,351 •. Revenues Expenditures Fund Balance, December 31, 2007 Storm Drainage Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31 , 2007 Golf Course Fund Fund Balance, January 1, 2007 Revenues Expenditures Fund Balance, December 31 , 2007 Concrete Utility Fund Fund Balance, January l , 2007 Revenues Expenditures F und Balance, December 3 1, 2007 H ou sin g Rehabil itation Fund Fund B a lance, J anu ary l , 2007 Revenues Expenditures Fund Balance, December 31 , 2007 $ 12 ,250 ,065 $ 28 ,965,450 $ 5,558 ,966 $ 555 ,990 $ 315 ,500 $ 351 ,110 $ 520 ,381 $ 122,823 $ 1,684,587 $ 1,784 ,587 $ 22 ,823 $ 526,375 $ 621 ,200 $ 674 ,632 $ 472 ,943 $ 1,900 ,704 $ 1,824,500 $ 1,824,500 $ 1,900,704 Section 8. That the said budget shall be a public record in the office of the City Clerk and hall be open to public inspection. Sufficient copies thereof shall be made availab le for the u e of the City Council and the public, the number of copies to be determined b y the ity Manager. Introduced, read in full , and pas ed on first reading on the 16th day of October, 2006. Published as a Bill for an Ordinance on the 20th day of October, 2006 . Read by title and passed on final reading on the 6th day of November, 2006. Published by title as Ordinance No._, Series of 2006 , on the 10th day of November, 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 -7- - •' ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER T,tMASSO AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31 , 2007, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007. WHEREFORE, City Council and staff held a 2007 budget and goal setting meeting on May 13, 2006; and WHEREFORE, a public hearing on the Proposed 2007 Budget was held September 18 , 2006;and WHEREAS , the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 23 , 2006; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January l , 2007, and ending December 31 , 2007 , the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, spec ifi cally as follows : GENERAL FUND Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development Library Services Parks and Recreation Service Contingencies -1- $ 325,959 720,646 932 ,562 655,188 563 ,298 1,700,220 1,281,168 5,176,852 16 ,83 3,823 1,686,645 1,3 36 ,2 63 5,705,171 39 5,000 11 b iii Debt Service -Civic Center Debt Service -Other Total General Fund $ GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund 1,575,731 294,030 39,182,556 $ 1,100,406 PAVING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund $ CONSERVATION TRUST FUND Total Conservation Trust Fund $ COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund $ COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORSFUND Total Donors Fund MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ $ $ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ -2- 48 ,503 286,000 30,200 450,000 89,785 50,000 19,000 " ( SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 17 ,734 OPEN SPACE FUND Total Open Space Fund $ 913 ,000 PUBLIC IMPROVEMENT FUND Total Public hnprovement Fund $ 3 ,063,735 CAP IT AL PROJECTS FUND Total Capital Projects Fund $ 1,485,205 SERVICENTER FUND Total ServiCenter Fund $ CAP IT AL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMPLOYEE BENEFITS FUND Total Employee Benefit Fund WATER FUND Total W ter und -3- $ $ $ $ 1,952 ,048 1,089,664 354,605 1,273,985 4,700,200 8,261,825 SEWER FUND Total Sewer Fund $ 28,965,450 STORM DRAINAGE FUND Total Storm Drainage Fund $ 351,110 GOLF COURSE FUND Total Golf Course Fund $ 1,784,587 CONCRETE UTILITY FUND Total Concrete Utility Fund $ 674,632 HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 1,824 ,500 Section 2 . The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2007. Section 3. All monies in the hands of the Director of Finance and Administrative Services , or to come into the Director's hands for the fiscal year 2007, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2007. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Servi ces during the year 2007 , may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law . Section 5. During or at the close of the fiscal year of 2006 , any surplus money in any o f the respective funds , after all claims for 2006 against the same have been paid, ma y be distributed to any other fund or funds at the di cretion of the City Council. Introduced, read in full , and passed on first reading on the 16th day of October, 2006 . • ( Published as a Bill for an Ordinance on the 20th day of October, 2006. Read by title and passed on final reading on the 6th day of November, 2006. Published by title as Ordinance No . _, Series of 2006, on the 10th day of November, 2006. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006 . Loucrishia A. Ellis -5- 0 ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER T~ASSO AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR2007. WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2007 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 1 7, 2006 and submitted to the City Council; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September 18 , 2006, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS , the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS , it is the intent of the City Council to adopt the 2007 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2007, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2007, as follows: Littleton/Englewood Wastewater Treatment Plant Fund Balance -January I, 2007 Revenues Expenditure Fund B3lance -December 31, 2007 -1- $ 115,674 50,194,271 50 ,194,271 115 ,674 11 b iv Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 16th day of October, 2006 . Published as a Bill for an Ordinance on the 20th day of October, 2006. Read by title and passed on final reading on the 6th day of November, 2006. Published by title as Ordinance No . _, Series of 2006, on the I 0th day of November, 2006. ATTEST: Olga Wolosyn, Mayor 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 -2- • ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER T~ASSO AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS , the Littleton/Englewood Wastewater Treatment Plant has its own fund for operations and maintenance; and WHEREAS , the Supervisory Committee approved the following as the 2007 budget at the August 17 , 2006 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement, there be and hereby is appropriated from the revenue derived from operatio n of the Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January 1, 2007, and ending December 31, 2007, the amounts hereinafter set forth for the object and purpose specified as follows : Total Littleton/Englewood Wastewater Treatment Plant Fund $ 50,194 ,27 1 Introduced, read in full , and passed on first reading on the 16th day of October, 2006 . -1- 11 bv Published as a Bill for an Ordinance on the 20th day of October, 2006. Read by title and passed on final reading on the 6th day of November, 2006. Published by title as Ordinance No. _, Series of 2006, on the 10th day of November, 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 -2- ----- RESOLUTION NO. SERIES OF 2006 A RESOLtrnON ESTABLISHING 1llE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council for the City of Englewood, by Section 49 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the City Manager; and WHEREAS, City Council reviewed the performance of the City Manager; and WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined that the salary of the City Manager shall be adjusted to reflect market salary levels of City Managers in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Manager shall be $156 ,000 commencing November 1, 2006 . ADOPTED AND APPROVED this 6th of November, 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. Loucri hia A. Ellis, City Clerk 2bl ( -----------------------·- RESOLUTION NO. SERIES OF 2006 :MltllRllqQ ANNUAL SALAltY FOil THE crrY A~ OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Attorney; and WHEREAS , City Council reviewed the performance of the City Attorney; and WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined that the salary of the City Attorney shall be adjusted to reflect market salary levels of City Attorneys in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Attorney shall be $146 ,000 commencing November 1, 2006 . ADOPTED AND APPROVED this 6th of November, 2006 . ATTEST: Ol ga 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 12 b ii RESOLUTION NO. SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Court Judge; and WHEREAS, City Council reviewed the performance of the Municipal Court Judge; and WHEREAS , the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels ; and WHEREAS , the City Council has determined that the salary of the Municipal Court Judge shall be adjusted to reflect market salary levels of Municipal Court Judges in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual salary for the Municipal Court Judge shall be $113 ,000 plus a $100 per month phone allow ance commencing November 1, 2006 . ADOPTED AND APPROVED this 6th of November, 2006 . ATTE ST: Olga Wolosyn, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _, Series of 2006 . Loucrishia A. Ellis, City Clerk 12b HI 1. 2. 3 . 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, November 6, 2006 7:30 p.m. Engle w ood Ci vi c Center -Council Chambers 1000 Engle w ood Pa rkw ay Englewood, CO 80110 Call to order. 7 : ~ ~ Invocation. ~ Pledge of Allegiance . ~ RollCall.tlt/~ 5. Cons ideration of Minutes of Pre vi ous Sess ion . ~-o;;;;:;5e Regular City Council meeting of October 16 , 2006. ~ 6. Recognition of Sch eduled Public Comm ent. (Please limit y our presentation to ten minutes .) n/J 11" a. Rh ea Dodd, DVM, w ill be pres ent to address City Council regard ing the City 's dangerous /~ dog o rdinan ces . ~~ .,, '/?IJ-9 b. Sue ~oodin ef~~(~siv~~ Ce nter wi ll dis~~tq ~e~in~on th~;";.2!sh /1~ .c/4 't6'r) Med ical campus.~ Ut4;d. --/)t(JU;..t_ ff~ 1 -J ~ 5 ~ i111 f athan Elin off wi ll address Council regarding two of his rental properties . 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be ~~~ cQ:ir;;/~Gl~~~Usion.) 8. Communications, Proclamations, and Appointments. Pl ase note : If you have a di ability and need auxiliary aids or s rvices , please notify the City of Englewood (3 03 -7 62 -2 407 ) at lea t 48 hour in advance of when ervices are n ded . Thank you. Englewood City Council Agenda November 6, 2006 ·~fJ-O ~IJJ,hu 1 it I;(;-;. '1-(yf 9. Consent Agenda Items . a. Approval of Ordinances on First Reading. i. Council Bill No. 48 -Recommendation from the Utility Department to adopt a Bill 'Tor an Ordinance approving Grants of Easement and Release of Notices for 3066 and 3034 South Sherman Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading. Council Bill No. 45, authorizing an amendment to an Intergovernmental Cooperation Agreement with Arapahoe County relative to Community Development Block Grant and HOME Investment Partnership. programs for 2007 through 2009. c. Resolutions and Motions. Recommendation from the Englewood Public Library to adopt a Resolution authorizing the Library's "Winter Food for Fines" program from Monday, November 27 through Sunday, December 10. STAFF SOURCE: Hank Long, Director of Library Services. 10. No Public Hearing Scheduled. ~ 11. Ordinances, Resolutions and Motions. \ I a. Approval of Ordinances. on First Reading. Bit> ~1 i. Council Bill No. 46 -Recommendation from the Comr:nunity Dev elopment ') --Oepartment to adopt a Bill for an Ordinance accepting a $1 2,500 grant from the -Q State of Colorado -Ec onomi c Development Commission . STAFF SOURCE: .Darren Holliogswodb, E,onomic Development Coordinator. ~ . ?fl, Approval of Ordinances on Second Reading. t2fl9t/ '>-Q {f)J.)1--'2f._ ~J..-;f?_il Bill No. 40, approving th e 2006 Mill Levy for coll ection in 2007. ~ (fU# !:IQ__ i~Ji,?cil Bill No. 4 1, ad optin g th e 2007 Bud ge t fo r th e City of En glewood.~ J.:/J-tfj_ iii~il Bill No. 4 2, appropriat ing the 200 7 Budget for t he City of Eng lewood. ~ ~ Pl ea e no te: If you have a disabi lity and need auxil iary aids or services , p lease notify the City of Eng lewood (3 03-7 62-240 7) at leas t 48 hou rs in advance of when services are needed . Thank you . Englewood City Council Agenda November 6, 2006 ~p3 1 (_ ~~f'J-£uncil Bill No. 43, approving the 2007 Budg~for the Littleton/Englewood Wastewater Treatment Plant.~ ({) if/:-~ ~cil Bill No. 44, appropriatin~e 2007 B1;,dget for the Littleton /Englewood "f,~ W~stewater Treatment Plant.~ c. Resolutions and Motions. ~ 1 2. General Discussion . a. Mayor's Ch 0 ice . (Ji. . ~· Cor;c; ye~R,J5~ ~ -. .. ~ _ • ~ ~J<?''r--i. Resolution establishing the annual salary for the City Manager.(!Opµy.,!'Y(J &:/I~ {p,-~,e~hingtheannualsalaryfortheCityAttorney. ~ /,J. • /I-~ lf,j R~~shing the annual salary for the Municipal Ju~ f:.U} (} ~ /OC,,tf- 13 . City Manag~port. 14. City Attorwort. 15 . Adjournm ent. <g;ocf Th e fo ll owin g minutes were t ra nsmi tted t o City Counci l in Oct o b er 200 6. • Alliance for Commerce in Englewood meeting of July 13, 2006. • Board of Adjustment and Appeals meeting of September 13 , 2006. • Cultural Arts Commission meeting of August 2, and September 6 , 2006. • Liquor Licensing Authority telephone poll of September 20 and October 4, 2006. • Public Library Board meeting of September 12, 2006. • Urban Renewal Authority meeting of March 8, 2006. Pl - Call to order {13 2rn.- lnvocation ~ 1 . 2 . 3 . Pledge of Allegiance~ 4. Roll call and _...,...Z ___ present 5 . CC !o/f f,.04ninutes COUNCIL • M ting worl<ing not Members : TomassoJ Moore .,,,.,- Barrentine v Oakley Mccaslin v .,,- Woodward v Mayor Wolosyn ~ absent ---- ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO 1. Call to Order ') ~ Regular Session November 6, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p.m . ~2. Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absen t: Council Members Tomasso , Moore , Barrentine , Oakley , Mccaslin , Woodward , Wolosyn None A quorum was present. \0 \ 5 . Also presen t: V City Manager Sears .,,,.--- City Attorney Brotzman / Deputy City Man~er Flaherty City Clerk Ellis I/' Deputy City Clerk Bush / Director Olson, Safety Serv icep /) 1 • ,, [);peeier Jagod;a,J,,Jt il ities Pn,,vl VY\. L UJ/t V)U.,c./J Director Long , Library v / Economic Development Coordinato r Holl ingsworth, Commu ni ty Develop men t D irector Gr lewic z, Finance and Adm inistrat ive Services / ./"' Cons ide rat ion of M inutes of Prev iou ~ Sess io J ~ "wf (a) COUNCIL MEMBERivw OVED , A D IT WAS SECONDE~, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2006 . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Nays : ~~~:sso, Oakley 6 -I a,mizu ;1 Oa.Jt.Je'J Mot ion carried . , (J 6 . Rec ogn it ion of Sc heduled Public Comment ~\) Rhea Dodd , DVM , will be present to address City Council regarding the City's dangerous dog ordinances . I <g I )\,0 ? ";)D ;,.._ I ,:._ Englewood City Council November 6, 2006 Page 2 (b) Sue Good in from Progress ive Health Center will discuss the ir open ing on the Swed ish Med ical campus . (c) Nathan Elinoff will address Council regarding two of his rental properties . 7 . Recognition of Unscheduled Public Comment 8 . Communications, Proclamations and Appointments There were no communications , proclamations or appointments . 9 . Consent Agenda COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DI T CH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 303 4 SOUTH SHERMAN AND 3066 SOUTH SHERMAN . {b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO._, SERIES OF 2006 (COUNCIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO IN T ERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND TH E CITY OF ENG LEWOOD , COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLO C K GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 200 7 THROU G H 200 9 . (c) Resolutions and Motions (i) RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD FOR F IN ES" PROGRAM FROM MONDAY, NOVEMBER 27 , 2006 THROUGH SUNDAY , DECEMBER 10 , 2006 . Vote res ult s: Mot ion carried . Ayes : Council Members Barrent ine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. Englewood City Council November 6, 2006 Page 3 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 to adopt a Bill for an Ordinance accepting a $12 ,500 grant from the State of Colorado -Economic Development Commission . COUNCIL MEMBER __ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) - COUNCIL BILL NO . 46. COUNCIL BILL NO . 46 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 310 (b) Approval of Ordinances on Second Reading l)) , ?-_J COUNCIL MEMBE(l:Q_Ylt8v1~ QD IT WAS SECONDED, TO APPRgft~fJTEM~(b) (i), (ii), (iii), (iv) and (v). .rJ-D (i) Council Bill No . 40, approving the 2006 Mill Levy for collection in 2007 was considered . ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORAD<a_ -u.J ·"\ 'O~~ (ii ) Council Bill No . 41 , adopting the 2007 Bu~~~M h~f Englewood was 1 --0 considered . ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR 2007 . lJ\,,ff \ (iii) Council Bill No . 42 , appropriating the 2007 Budget for the City of Englewood was cons idered . i 6)"\'Ul~ WoollAl itvtJ_ u) ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 42 , INTRODUCED BY COUNCIL MEMBER 0 TOMASSO '7 -- AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECE MBER 31 , 2007 , CONSTITUTING WHAT IS TERMED THE ANNUA L APPROPRIATION BILL FOR T HE FISC A L YE AR 2007 . Englewood City Council November 6, 2006 Page 4 ~ 1 o nlWJ1 o /IJo otulf/./l I ~ l\ J"-(iv) Council Bill No . 43, approving the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . '7-0 ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2007 . w d ? j ·, o~So coCWJJA. UJd O\~~ (v) Council Bill No . 44, appropriating the 2D07 Budget for the Littleton/Englewood -\ Wastewater Treatment Plant was considered . ,-CJ ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31, 2007, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley None C\~ (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 (b} Council Members ' Choice \ O) 1 (i) A resolution establishing the annual salary for the City Manager was considered . COUNCIL MEMBERl~ WAS SECONDED , TO APPROV E AGENDA ITEM 12 (b) (_) - RESOLUTION NO . _, SERIES OF 2006. RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD , COLORADO . lo -I /3t!Alll~/U..- Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (ii) A resolution establishing the annual salary for the C ity Attorney was considered . Englewood City Council November 6, 2006 Page 5 ~i A ~ WDoCUUN · z,.)._ \ oYJoUNCIL MEMBER !.Q_ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (_) -• RESOLUTION NO._, SERIES OF 2006. ft;-/ ~Al/ RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None r:JS \ (iii) A resolution establishing the annual salary for the Muni<:fal J~as considered . l COUNCIL MEMBE;c~~ND IT WAS SECONDEJ!,l&~~cftetx'GE~DA ITEM 12 (b) (_) -' RESOLUTION NO._, SERIES OF 2006. b-/ ~;JT,u_, RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD , COLORADO Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None q<6'°S' (i) Council Member ~11.,;rlJW \ ot1 (i i) Council Membe r (iii) Council Member fYLoM ~ (iv) Council Member O a)l,~ (v) Council Member 1oYr1.ClS5D Englewood City Council November 6, 2006 Page 6 t OJt i,(vi) Council Member WtiJtiJA;Md - \ \~13. City Managefs Report \ City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment J., MAYOR WOLOSYN MOVED TO ADJOURN. The meeting adjourned at g /'0/m . City Clerk