HomeMy WebLinkAbout2005-03-07 (Regular) Meeting Agenda Packet-
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Regular City Council Meeting
March 7, 2005
Ordinance II~ 9, 10, 11, 12, 13, 14, 15
Resolution I 43, 44, 45, 46, 47, 48, 49, 50, 51
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
March 7, 2005
I. Call lo Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:35 p.m .
2. Invocation
The invocation was given by Council Member Barrentine.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Garrett .
4. Roll Call
Prese nt :
Absent :
A quorum was present.
Also present :
Council Members Tomasso. Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Aaheny
Director Gryglewicz, Finance and Administrative Services
City Clerk Ellis
Director Olson, Safety Services
Division Chief Vanderrnce, Safety Services
Commander Collins, Safety Services
Research and Technology Manager Everhan, Safety Services
Senior Planner Graham, Community Development
Director Eaton, Human Resources
Manager Dannemiller, Community Development
5. Consideration of Minutes or Previous ~Ion
(a ) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
TIIE MINUTES OF TIIE REGULAR CITY COUNCIL MEETING OF FEBRUARY 22, 2005.
Ma yo r Garren a,lcd ,f ther~ were any comments o r correction . There were none.
Vole results:
Mo uu n earned .
Nays :
b,tatn :
Counci l Members Barrentine. Moore. Garren. Wolosyn.
Woodward. Tomasso
None
Council Member Br.id,haw
6 Rttognillon or Scheduled Publk Coaumnt
There "ere no .cheduled ,·,~nor .
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Englewood City Council
March 7, 2005
Pagel
7. Recognition or Unscheduled Public Comment
(a) Pamala Sampson said I just wanted to say thank you for inviting me to the An opening. It was
very, very nice. Very tastefully done, and because of that I networked with some other people that were from a
different county and they were pleased to see a person of color on a commission and at the An Show. They were
coming in here from Denver . The ladies of Sankofa came. They were very, very impressed with your an
presentation. They asked me, at their Art Show on Saturday, to be sure to say to the Englewood An Council, as well
as the people that were sponsoring it, you did a fabulous job.
Council Member Wolosyn said I will pass that along. Council Member Bradshaw said thank you Pamala.
Mayor Garren said thank you ve ry much for sharing those comments.
8. Communications, Proclamations and Appoln'-nts
There were no communications, proclamations or appointments.
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading. (See Agenda Item 11 .)
(b) Approval of Ordinances on Second Reading
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEM 9 (b) (i).
(i) ORDINANCE NO . 8, SERIES OF 2005 (COUNCIL Bill NO. 3, INTRODUCED BY
COUNCIL MEMBER WOLOSYN)
A.'11 ORDINANCE AlITHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABll.lTATION
PROPERTY LOCATED AT 4180 SOlITH ACOMA STREET IN THE CITY OF ENGLEWOOD, COLORADO .
Vote results:
Ayes:
Nays :
Motion earned.
Council Members Barremine. Moore, Bradshaw, Garrett, Wolosyn,
Woodward. Tomasso
None
(c) Resolutions and Motions
There were no resolutions or motions submitted for approval.
I 0. Public llearing Items
o public hearing \las scheduled before Counc il.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(1) D1~1 s 1on hief Vander~ presented a recommendation from the Safety Services
Dcpanment to adopt 11 bill for an ordinance approving a Memorandum of Undentandin1 with the Shenffs, Cluefs. or
other la" enfor.:ement agency Directors who pani ipate in the Dcn,cr Metro UIO Theft Task Fon:e. He sud die
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Englewood City Council
March 7, 2005
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issue of auto theft throughout the Denver Metro area, has become increasingly more severe. Last year in Englewood
alone, there were 457 auto thefts and we haven 't staned this year much better. It is almost a daily occurrence. What
the Task Force is designed to do, is through panicipation of as many agencies that can muster the personnel and
resources 10 participate, it puts a cadre of individual s available to work as a group throughout the Metro area based
o n need . For example, if Englewood has a particular auto theft problem developing, we will have one detective
assigned to the Task Force. We call upon the other Task Force members, they come out and assist us and work this
group or work the suspects or whatever that we may identify, in an effort to try to stem this problem of auto thefts.
The Memorandum of Understanding is a requirement that just allows us to participate legally and reap the benefits
of some of the monies that are available. This is funded through the auto insurance industry ... up to $8,100.00 a year
in ovenime reimbursement per agent. .. or in this case it would be one detective.
Mayor Garren asked if there were any questions.
Counci l Member Woodward said I just want to make one comment and that would be that as I recall from a
meeting ... a Neighborhood Block Captains meeting at the end of last year, when I believe it was Detective Fox that
did a presentation ... he had pointed out that Englewood had the eighth largest amount of car thefts in the State. So,
we cenainly aren ·11he eighth largest city in the State. And basically with that , I cenainly would suppon this.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (i) • COUNCIL BILL NO. 4.
COUNCLL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED:
"MEMORANDUM OF UNDERSTANDING" RELATING TO THE DENVER METRO AUTO THEFT TEAM
BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD,
COLORADO TO C OMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO
AREA.
Mayor Garrett asked if there was any discussion.
Mayo r Garren sai d I do have one item on the discussion side. A friend of mine. unfortunately, had her vehicle
s to len in Englewood . It was run down, but the sister police depanments across the way did not nolify her when it
was recovered . When she recov!!red it from another agency, she picked it up and it had paraphcma.lia that she was
very uncomfortable with. in her vehicle . At that point, she was able to call the detective here in Englewood who met
he r at the Safety Services building and was able to remove cenain items. So. we were very grateful that at least our
Po li ce Depanmcnt is rnking the responsibility of helping someone take some contraband from a vehicle.
Council Member Tomasw ,aid we would second that. It happened to my wife in recovering the car and finding a
funny white pO\,der in 11 and needles and 45 caliber ho ll ow points . They had recovered the gun and I guess the
quantity of drug, \\hen they caught th e suspect, but it still cost SI 15 .00 to gc:t it back from the other Police
lxpartment as the) had 11npoundcd 11 .
Council Member \ ol<1syn said I g ue ss the question is. do these sons of partnerships address i sues like that?
C hief Vandermee ,aid )t:>, \\Orking as a team . I mean, we currentl y have nine detectives. Those detectives
handle ... we have 200 acuve cases right now. We don't have the resources or the personnel IO address the auto theft
i,sue like it d esenes 10 be addressed . This basically creates thi s Task Force environment so that those resources are
av,11lable if we 1dcn11fy a targeted group of individuals. We now have an investigauvc group that can aggressively
:111ad. 1h1 problem. They have deco) cars. They have all the resource . the equipment and the personnel that we
need.
\'ote results:
o u1i.:1I Members Barrentmc. Moore. Bradshaw. Garrett. Wolosyn.
Wood,. rd. Tomasso
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Englewood City Council
March 7, 2005
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Motion carried.
Mayor Garrett said thank you very much .
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(ii) Senior Planner Graham presented a recommendation from the Community Development
Department to adopt a bill for an ordinance pertaining to Private Activity Bonds for homeownership programs. He
said the Metro Muyors Caucus has approached Englewood and asked whether we would be interested in
participating in a mortgage bond program, that also provides down payment assistance to low and moderate income
households. This yeur they have offered to provide this program to Englewood residents without our allocating
private activity bond to their program , although they certainly would encourage that also. More than three years
ago , we participated in a Metro Mayors Caucus Program to provide this. They didn't run their program for a couple
of the last two years and they have had loans repaid. So, the money that is available now is, in part, recycled money
that Englewood has contributed in the past to the Metro Mayors Caucus Program. More n:ccntly, for the last three
years, the City has participated in CHFA. a single family mortgage program. We have typically made that decision
in mid-summer before the September deadline. We would make the recommendation this evening that wc hold off
on th<' allocation of the Private Activity Bond, but move forward to take advantage of providing these programs to
Englt;wood residents through the Metro Mayors Caucus .
Mayor Garrett asked if there were any questions for Mr . Graham. There were none .
COUNCIL. MEMBER WOL.OSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (ii)· COUNCIL. BIL.I.. NO. 5.
COUNCIL BILL NO . 5. INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF
DENVER , COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT
TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO
FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND
FAMILIES WITHIN THE CITY OF ENGLEWOOD. COLORADO AND CERTAIN OTHER CITIES AND
COUNTIES IN THE ST ATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY
MORTGAGE LOAN PROGRAM : AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH .
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Moti on ca rried .
Ayes :
ays :
Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn,
Woodward. Tomasso
one
(111 > D1rcc1or Gryglewicz presented a recommendation from the Finance Department to aclopt
a bill for an emergency ordinance appro,ing a Master Lease Agreement between the City of Englewood and the
Englewood Em ,ronmental Founda11on , Inc ., which replaces an existing lease for the purchase of the Englewood
C" ,c enter and reduces the aggrega te payments mllde by the city. He said essentially what wc arc doing is wc are
r,-domg 1he ffij>ler k.,se b.:1v.een the 1ty of Englewood and the Englewood Environmental Foundauon to refinance
1he e'1 uni; 'O P . E=nuall). v.ha1 the) paid for was the remodeling of the Civic Center and the surrounding area .
I \\ould hle 10 point ou1 that th, a, an emergency ordinance. so we can sell as quickly as possible so wc don't have
to ''-lfT) aboul OuctUjllOI\> m interot me during the referendum pcnod. We are going to take the interest savings
up fron t un 1h1 E~nlljll). pa) men1s v. ,II tay at the me level. but the term of the lease is the same. it is not
e\lendcd I ,u,t \\jnt d 1, danf) 1ha1 . I had sent a memo to Counc,l and that wasn't completely clear. But as I
,.11J . th<re v. 111 b;: j one ume >J\ln ·• >n 1h1 , v.hich will be rcal,zcd m 2006.
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Englewood City Council
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COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (iii) • COUNCIL BILL NO. 6.
COUNCIL BILL NO. 6. INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD COLORADO AUTHORIZING AND
APPROVING A MASTER LEASE PURCHASE AGREEMENT BETWEEN THE CITY AND THE
ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC., WHICH REPLACES AN EXISTING LEASE FOR
THE PURCHASE OF THE ENGLEWOOD CIVIC CENTER SITE AND REDUCES THE AGGREGATE
RENT AL PAYMENTS MADE BY THE CITY FOR SUCH PURPOSE; ACKNOWLEDGING DOCUMENTS
EFFECTING THE REFUNDING OF CERTIFICATES OF PARTICIPATION SERIES 1998, AND ISSUANCE
OF CERTIFICATES OF PARTICIPATION, SERIES 2005, WHICH EVIDENCE INTERESTS IN THE RIGHT
TO RECEIVE CERTAIN REVENUES PAY ABLE BY THE CITY UNDER THE MASTER LEASE PURCHASE
AGREEMENT; PROVIDING DETAILS AND AUTHORIZING AND APPROVING RELATED
DOCUMENTATION IN CONNECTION WITH SUCH LEASE-PURCHASE REFUNDING; AND DECLARING
AN EMERGENCY.
Mayor Garren asked if there was any discussion . There was none .
Vote results:
Ayes:
Nays:
Mo tion carried.
Council Members Barrentine. Moore, Bradshaw, Garren, Wolosyn,
Woodward, Tomasso
None
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda .)
(c) Resolutions and Motions
There were no resolutions or motions submitted for approval .
12 . General Discussion
(a) Mayor·s Choice.
(i) Mayo r Garren said a couple of us were at the dedication of the new outpatient surgical
facility . which is o n the site of our old City Hall . on Friday night. It was a -11 attended affair. There were a lot of
people that attended . The o nly thing they failed to provide was a microphone. so it made the people who were
speaki ng h:ive to sc ream and s hout fairly lo ud to even be close to being heard . But. it is 1, beautiful building. You
know we had the walk through about a month or so ago and it is just really a wonderful facility. I think it is a nice
addition for our community.
(b) Co unc il Member, C hoice
(i) o uncil Member Barrentine:
I . She sa id I hjven 't done a proclamation before. but I had asked during the Study Session if we could go
ahead and honor a boy who is gen mg h1 Eagle Scout award with a project that he has done with Enalewood .
Mayor Garrett said "e ould bnng II forward two '"eeks from today. M . Barrentine said okay. that would be fine .
2 . he ~a11J I "ant 10 1hank an,:y P,terson and abo Pert) hellpfcffcr for the Nc11hborhood Watch meeting .
lie did a gnod pr(senta11on on ldenllf) Thcfi .. wmetluog that I ha,e upcrtcnccd penonally I appRCiatcd thc111s
They Jl\\j}> put ,>n a ,er) m e program and II'" :a m,-c du111er by lltllllr) Buffet.
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Englewood City Council
March 7, 2005
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3 . She said two weeks ago the Keep Englewood Beautiful Commission came 10 City Council and asked that
they change the scope of their focus and what their Board would do. They had panicipated in a lol of fund raising
efforts previously and wanted 10 change their focus and eliminate all but one of those events and 1101 participate in
anything. I asked al that time if I could put together a group of people that we wouldn't be, in anyway, interfering
with any projects that they might be doing . They said that that would be fine. So I have formed another committcc
that is totally separate from Keep Englewood Beautiful. This is just a separate deal . This is a fund raising
commiuee. I talked 10 Jerrell Black with the Recreation Dcpanmcnt and also llllked to Gary Sears and let him know
1ha1 Jerrell has agreed 10 provide us with a staff liaison. I always enjoy the opportunity anytime I can talk to a lot of
people in the community. One of the things that really brought this home was the opportunity that Michael Munds
brought here in raising money for the tsunami victims. And in a very short period of time, as a high school student
in this community, raised over $5,000.00. My son and I had a lot of fun participating in that. We worked on the
previous race. I have seen this community really come forward and participate and enjoy this community. Bui
maybe with a little bit of focus and a little bit different leadership, wc could get a viable group of people who would
be willing 10 participate in events and raise money for this community again. So. I started calling people and I have
a group and would like 10 let you know who is on the Committee so far, that is Ann Nabholz, David Brereton. Jackie
Edwards, Reggie Macl.aren, Dorothy Martinez, Jon Cook, Robyn VanDcrLeest, Jim Higday, Doug Cohn, Anna
Marie Kratzer, Paula Sparacino and Daryl Estes. And then I have some commitment for some part-time work from
some other people. Unfortunately, I have only had two weeks so far, so we are trying to gel a group together. If
there are any people who would like lo be involved in this, please feel free lo contact me. Fortunately, there has
been an event that has gone on for the last thirteen years that Keep Englewood Beautiful decided !IOI to do and that
is our golf tournament. So, that would be the first fund raiser that wc are going to go ahead and pursue since that
was already started. Like I said, if anybody is interested, just lei me know. Also, wc already have a commitment of
$1,000.00. So like I said, if anybody is interested, please contact me and we will have some fun raising some money
for some worthwhile events. Thank you .
(ii) Council Member Bradshaw said I had a phone call from Gabriel Allen today and she is
with the Americ.in Cancer Society. They arc looking at doing ... il is !IOI a race for the CW'C, but ii is a cancer walk.
It is a 48 hour celebration for the survivors of canccr ... all types of cancer. ll loolts like they will be hosting that at
Belleview Park on August 20"' and 21" with Jerrell Black and Dave l...ee's help. So, I will get more information, but
she would like 10 come and talk to Council al a future Study Session. So, I directed her to call Sue Bradshaw and
have Sue sci that up. Ms. Bradshaw said there were some issues ... they were trying to get the High School. but they
were turned down. I think this will be a real worthwhile event and Lois Hjelmslead, one of our citizens who is a
well known author of books on cancer survivors will be the guest speaker at the event. It is an overnight learn event,
ii will last 48 hours, because cancer docsn '1 quit over night. It is really powerful. Mayor Garrett said how does that
impact a neighborhood, if ii is going all night? Ms. Bradshaw said that is Dave l...ee's issue and he is working on ii .
(iii) Council Member Woodward:
I . He s aid I also attended the Neighborhood Watch Block Captains meeting and I would like to also thank
Detecti ve Schellpfeffer and also want 10 acknowledge laureu for standing up and sharing her e11pcrience at that
meeting.
2 . He said T o m mentioned to me tonight that Englewood Schools had turned in their funds for the tsunami
relief and they had raised almost $6,000.00. So. congratulations 10 them and the group at the High School who
headcd'ihal up .
(av) Council Member Wolosyn:
I . She aid the Engle"ood Schools Annual Art Show will be held on March to* from 410 6 p .m . They work
with the library a nd hang c hildren's an from across the community all over the library. I encouraae everybody. if
yo u can 't go to the o penang.10 " 111ha1 an the next month. I'm really !IOI sure of the len&lh of time the an will be
dis played.
2 . She sa,d Mar,h 10•. I 1h1nlt Thur.day 1hrou1h Saturday, i the library's Boot Sale wtuch is always a peat
e ,ent. M ) hm.ba nd a nd l lo\'e 11.
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Englewood City Council
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3. She said I would also like 10 thank Laurel! fo r go in g ahead with thi s non-profit commi1tee . As l understand
it , this money will go towards the same programs that KEB ha s. Ms . Barrentine said that has not yet been decided
by this comminee. I just sa id that we were not associated with Keep Englewood Beautiful anymore and that thi s
was a separate fund raising commiuee. I will leave that up to them to decide and we haven't had a chance to meet
yet. Ms. Wolosyn sa id okay, I mi sunder stood. I would like to say that the members of KEB arc very hard working
and they did no t deci de to drop their work. They decided to refocus on a new fund raiser, not on new projects to
which they are dedicated . Two years ago they all worked on the 2002 Comprehensive Plan and just like every other
commission that is associated with the Comp Plan ... a segment of it. For instance ACE and the business
sec ti o n ... th ey are goi ng to look at it and try 10 come up with an implementation plan. I think that is one of the really
exci ting th ings 1ha1 we ca n do when we participate: on the Commission level. .. the advisory Jevel. .. is look at how to
implement these very ambitious and visionary plans that we all help make . I just wanted to make sure to note that I
think the members of KEB are hard working and I appreciate what they do for the Commission and the community.
Ms Barrentine sa id I want 10 clarify that I in no way di sparaged any of the work they did . As a mailer of fact, I
thought I gave due respect to the fact that they dec ided to take another course and left an opening, an availability for
something else to happen here. so I never disparaged any of their work. I am not criticizing their change in direction
either.
13. City Manager's Report
(a) City Manager Sears said I have included, in the Council packet thi s evening, a repon that I had
asked Public Safety Director Chris Olson to put together. He has some additional attachments in that repon and it is
in response to the Uni o n attorney that was here at the la st meeti ng two weeks ago, where he expressed a concern of
the officers in the Police Divi s ion regarding no confide nce for the wo rk of Chris Olson. In that presentation, there
were three items he identified . One being the 800 mega hertz radi o system, the second one being the computer
assisted di spatc h and basica ll y dead spots within the system ... especially with the use of the mobile laptop
computers ... a nd third. the Jack of police uniformed service bureau staffing. to make up the 36 police personnel on a
continual basis . I ha ve reviewed the report Chris put together. I think that I have confidence in both Chris' work
and the work of the command staff. I think that cenainly these items are very important and -serious to the safety of
o ur police o ffi ce rs and to the safety of the public. so I appreciate. again, the work that was done by Chris and his
staff in addressing these issues . I could go into detail on the specifics, but I guess I just have a couple of general
comment s and th e n if Coun c il ha s questio ns of me , I will try to respond to the questions or Chris is here and he can
respond o r direct hi s staff to respond . But primaril y. I know the radio system has been a concern . I know that it has
bee n worked at for quite awhile ... the 800 megahcnz radio system . And I know that due to Chris' effons and his
staff. we were ab le to garner federal funds to pay for thi s very expensive system . I know it has been on order, but
again. wit h Federal Ho meland Security funding, there are a lot of issues associated with getting that here and dealing
wi th the fin.I re spond er types of funding . I do n't know, as Chris alludes to, whether it will solve the problems, but it
certain ly is an upgrade that has been looked at and I appreciate the fact that the issue was raised and that we are
continuing 10 work toward the implementation with Trina Everhan. Secondly I think that Chris has identified the
issue with the dead spots. I don't quite understand all the details there, but I know that both Chris and Trina can
respo nd to th o,c and I th ink that th e,e are issues . In my 34 years of experience wi th five different cities throughout
Colorado. that there ha s always been so me difficulty with handheld radios and I think they are a concern of Police
Departments. Plus. us we im plement and move toward better information technology , as the Council has seen in the
past . we arc hoping th at thi s integration will make things happen . I am pleased with the work of Chris and Trina to
try 10 put together a system. under Jeff Sanchez' and Di ck Petau 's leadership , to try to integrate their system into our
information technology. We pu t a 101 o f mo ney in to th at and I th ink it is absolutely criti cal that we continue to work
toward resolving those i»ues. The third i sue that was identified by Mr. Bruno at the meeting was the FrE
allocauon. I thinl . again. John Collins ha s listed good information about that . I know certainly the Command Staff.
from hns. 10 Tom . tu Jeff and 10 the se rgeant that they ha ve strugg led wi th our budgetary shonfall over the last
rnuple of )c.or, nd ) ct, I lno w for a fact , because I am in touch with them o n a daily basis, that the safety of our
ofli ers in ha, ong :1dcqu:uc manp,"'er for . 11ua1,ons. 1s at the forefront. I know the Council has ccnai nl y made that
a 1x1on t :11 our bud£cl.or) ,c ions :md there have been se,eral meetings \\here Chris and his Command Staff have
c11her a,l.:d fllr. ur put b.o,·l o n. cen:un po>1t11.Jns . Bui \\C, like every o ther community in the metro area. have gone
through ,urnc d,11,.·uh tome, '"er the la st couple o f years. And, perhaps some of o ur officers, who arc looking at
do ong thon g, \\ell . do ha,e some ,oncems that \\e, l think . ha ve tried to deal with in addition to the fact that we had
Ill bj(Jn,:e the budget and deal "11h the re t of the operau ns of the communn y. In essence. again I think that the
report deal, "1th tho ...: three area,. I wo uld Joke to no te that hri s and t.he ommand Staff arc rev,e~ing. updating
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Englewood City Council
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and formauing the Po li ce Di vision Admini strative Polic y Manual . And according to this, I believe that to be the
case. The Po li ce Be nefit As sociati o n E xecutive Bo ard has been an active part of thi s process. Again, I want to
enco urage them to sta y invo lved . Secondly, I have a sked Chris to work with the Chief Officers throughout the State
of C o lorado to wo rk through an accreditation process that I think is important for this community to have and for the
Po li ce Divis io n to have and I think that is well under way. So again, I just wanted to summarize what I think Chris
ha s presented to me and I have provided a co ver leuer. I will be happy to rc:spond to any questions or concerns that
Co uncil may have o r if they wo uld like to have further information from Chris ... that would be fine also .
Co uncil Member l.larrentine said I wanted to know if you were provided with the other 23 issues? City Manager
Sears said I wa s no t. I was not given those 2 3 . Ms. Barrentine said I wasn 't either, so I didn't know if they had
been presented in any form . Mr. Sears said my understanding was that Chris may have taken a look at those, but I
did not as k for th o se and I guess my feeling was that I wanted Lo stay with the formal information that was presented
that evening. rm recepti ve to taking a look at those but, you know, I just want to say that there arc concerns
th ro ug ho ut th e o rga ni zati o n with o th er departments a nd that is an ongoing situation when you have over 500
e mployees and a $3 6 million budget. Ms. Barrentine said I am o nly going from the comments he made that night,
th at he was goin g to provid e that , that is not up to Chris to provide somebody else complaints or to present them, but
I didn't kno w whether they had followed through on that ... and if they haven 't, that is fine . Mr. Sears said sure, I
was never orovided that. They :-.e ver made contac t with me nor presented those. Thank you.
Council Member Bradshaw said Chris did you receive those? Director Olson said they never formally presented
them to us . It took a lo t of wrangling from within the o rganization to even try to find out what they were. So that is
wh y I never present ed the m to Mr. Scars, because they just did not come to me in a formal process. It was
something they sat o n. They didn't mentio n them that night , other than s upposedly there was another list out
th e re ... but I've seen it. The fo rm it wa s presented in .. .1 wo uld be a little embarrassed to present it to you, because it
was n't very we ll wriue n. It was a compilation of, apparently, individual co mplaints from a variety of people. A lot
of it was based o n a pretty high degree of lack of knowledge and information as to what is really going on. So, I
do n 't think it is a doc ument that would be something formally presented to you. Again, it was not formally
presented to us either. internally.
Mayor Garre ll sa id are there a ny other questions by Council?
Counc il Me mber Woodward said my questi o n wo uld be. do we have any idea when the 800 megahertz radios will
be in o perat ion'/ Director Ol son said I do have Trina E verhart here who is my Research and Technology Manager
and s he has been work ing direc tl y with thi s. Wo uld it be all right to have her come up for a couple of minutes to
expla in that'/ It is a very in volve d process. He said while s he is coming up. if I could interject ... the current system
that we are on. a ve ry hi g h fre quency system, has been in use in Englewood for probably 40-50 years . Now, of
course, we are a lways consta ntl y upgrading it , but that system is not something that will just disappear. We arc
go ing to keep tha t system as a bac k·up sys te m. And I j ust fo und o ut today that Bo ulder is not go ing to 800
megahertz. They are keepi ng their VHF syste m for their police de partment there. beca use it works much better in
that e nvironme nt than the 800 will .
Research and Techno lo g y Manager Everhart said the soo·s ... my understanding is that the final approval o f the
co ntra t was s upposed to take place today. Thi s is the latest word that I have fro m Motorola, who is the vendor.
After th a t equipment amves here .. .I a m hoping that wi ll be wi th in the next 3 -4 wecks ... it will go to Arapahoe
County S heriff. There are fo ur ident ified e nt ities that program the radios for the 800 system . They arc o ne of them
and t he d o,e,t. We ha,e an agreement with them. They will be pro grammed and while that is being done, the
equ,pm.:nt ... whi c h a re the di s patch co nsole s and the infrastructure , the backbone. which will be in the back room. if
yo u "111. Ill run the >) ,tern he re in Eng lewood ... wi ll be put 111 pl ace too. I hate to venture and give you an exact
du 1{ .. I wo uld target mid-s ummer to have that completed, up and ruMing and implemented. There is some fine
tuning that \\ill tale plac e after th at , but ,f I was pressed to g ive yo u a timefrarne. that is what I'm hoping for .
Council Member \ ood ward sa id 11 sounds like II will be Fall when something wi ll be in pl ace. Ms . Everhart said
we s ho uld be in good ,ha pe. I wo uld~. by Fall .
Counc il ~e mber T o mj>>O ,a,d are the problem w uh the 800 s y tcm menuvncd m here ? Ms . E,'Cfhan said
o n g mjll) "he n the l jle >t a rted the 00 megahertz ) 1cm, there were llOfllC I ues II has aonc on and been
de,eloped b) the S tate and c n1111 e,. 11 has 1mpfm c:d The 00 mcgahenz ySLCm . ,n comparison to our VHF ~m.
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Englewood City Council
March 7, 2005
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is a more direct line of sight system. So there are some other interference factors. For instance, Chris alluded to
issues in Boulder. They won't be switching to the 800 because of their terrain . The other issue that comes up with
the 800 is what they call 'make busy·. That is what you experience -on your cell phone when you go to make a call
and the circuits are busy. Some of the repeater sites, from time LO time, will overload and there will be that second
where you can ·1 get on the radio. Those are the two issues with the 800 that we see. One of the benefits of the 800
is that it is being built o ut througho ut the State, we have inter-operability with the majority of the State entities. You
can also have an officer travel o utside o ur jurisdiction and have coverage as far as Grand Junction, Montrose or
down in the so uthern part of the State. So those are the benefits. It certainly is a step forward in the radio
technology .
Council Member Barrentine said how many communities already have this system in place? Ms. Everhart said I
believe, the last I heard , there are 168 entities within the State that have the 800 State system that we will be joining.
Ms . Barrentine said that you will be joining ... so they already have them working? Ms. Everhart said yes.
Mayor Garrett said are there any questions'!
Council Member Barrcn1ine said is that in conjunction with the Homeland Security in order to get everybody on the
same thing so that they can communicate with each other? Was that why it was started? Ms. Everhart said the State
system started prior to 9/ I l. The Ho meland Security grant that we were fortunate to get to pay for the First
Responder . came o ut of the 9/11. One of the priorities for that , they call it UASI Communication Committee. was to
get all the First Responders in the State to street coverage level of the 800's for inoperability.
Council Member Wol osy n sai d this is probably just the same. but there was an article in the Denver Post a couple of
months ago, about how all of the radio systems in the State are having trouble meshing. With this one, will we have
the mo st coverage with other municipalities that we could of any? Ms. Everhart said yes, thi s system that we are
going to join ... the State 800 System ... has the largest membership, if you will. Denver operates on what they call a
MaCom system and so does Aurora. Those are two of the largest that are not on the system, but the majority of the
State are on the what they call the CCNC State system. But, Ms. Wolosyn said. can we communicate with our
radios with the two of them"? Ms. Everhart said no, they are different. They are different entities. There is
technology that we are all working o n, that would tie those systems together. Denver has been pretty successful
with testing a system like that . so it is in the very near future that the different systems would be tied together in a
different manner. Ms . Wolosyn said thank you.
Council Member Woodward said I have a question regarding the MDT's and those logging off. You say that the
users do not log o ut of the computer properly, which causes the unit to lock up. ls there some way thal it can be set
up so that can be avoided"! Where they have Lo log out or that the information can be saved? And I am asking lhat
question as I participated in a ride-along back in October or November and the officer I was with experienced that
be lieve that is what happened ,vith hi s computer. It locked up and later in the evening he had to input all the
information that he had input up to that point. It sounds like what you are saying here is that it is a user error in
logging out or ,f th<! vehicle is s hut down, the computer shuts down. Is there a way that we can back that up or have
a backup b:,ttery power so that type of thing doesn 't happen ? Ms . Everhart said there are three issues that occur.
The iss ue that I believe you are referring to, where they sometimes lose data, is actually due to a software package
that they use to type their reports . The MOT's were upgraded about two years ago. They have more memory. but in
o rder to address that ,ituati o n what we are doing is periodically we go out and clear the memory of those units so
that doesn ·1 occur or at least with less frequency . The o ther issue that we experienced with not logging out properly
is. currently. we are not running o n the battery from the car. Once the car is shut down, the MDT's power is down.
This iss ue is going to be addressed w11h the new vehicles . With some of the power saving devices that are going to
be used o n th e new ,·chicles coming in, thi s shouldn 't be a n issue and what we can do is set the MOT's so that they
"111 run for a period of umc and not Just shut down. So. if the officer needs to exit the vehicle, it won't be s hut
dm, n. And the third i, Jlll>l a u,,er error. The officers are busy a nd someti mes don ·1 have the time to log out
properly and that will lock II up . In trymg to address that as well . we are goi ng to be providing MDT •raining. We
have new officers and u refresher for every ne is always a good option as well . We are trying to address those
1S,uc, ,o tha t the officers ca n concentrate on what they need to do on the strec1. .. not having to worry about their
data in the MOT's .
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Englewood City Council
March 7, 2005
Page 10
Council Member Barrentine sa id that is the system that allows them to go ahead and do their reports on the
computer system in their ve hicle ? Ms. Everhart said currently they can type their reports in the vehicle. We are
moving towards obt.ain ing and implementing field reporting, then the problem of losing data is minisculc . h saves it
to the MDT while it 's also transmitting i! back to a server. And so, it even double checks itself, that it has received
everything before it eliminates anything on the hardware . So, we arc moving towards the actual wireless field
reporting for the officers. Ms. Barrentine said do you know how many other police departments have that? Ms.
Everhart said I can't give you a number off the top of my head . Ms. Barrentine said l did a ride-along with Littleton
and they are very jealous of us that we have that capability, sol was just wondering. Littleton is a little bit bigger
city. Ms. Everhart said a lot of agencies do, but I couldn't give you a number. Ms. Barrentine said all right, thanks.
Council Member Woodward said I think, like most technology, it is great when it is working. Ms. Everhart said like
any machine.
Director Olson said just some additional information . I appreciate Mr. Sears thanking me for getting this money
from Homeland Sec urity for this 800 megahertz, but quite honestly, it was Manager Everhart that did the vast bulk
of all the detailed leg work and the really significant cooperation with Denver and 23 other jurisdictions around us to
get us up on top of the priority list to get this funding. So, a lot of the congratulations should go to her for this. It is
an unending task. but again I appreciate her comments that she just made to you right now .
Mayor Garrett said thank yo u very much . Ms. Everhart said thank you .
Mayor Garrett said are there any other questions for City Manager Scars?
Council Member Woodward said I guess I just have one question regarding police morale right now. Where do we
see it and how can we, as a Council , assist if need be, in promoting better morale if that is a problem?
Director Olso n said I would like to make a comment on that . Identifying morale, how to measure it , and what to do
about it, is an ongoing, forever. problem. Generally there is 100 per cent morale when you get a pay raise, when you
get some new toy s, when you get an assignment you really like, when you get a promotion ... then you are really up
there . But to measure moral e is always something difficult . I always go back and say, morale is almost an
individual type of a si tu ation. nd I would say from a Council perspective, what you should look at ... if you start
s.:eing a degradation of services out there , that is when I want to know about it and I want my command staff to
know about it , because then we know we have a significant morale problem. If you still feel like you are getting
good service and th e ci 1i ze ns seem to be happy with that , then I would say morale is ok.ay and then it goes back to
01her issues, which hopefully 1he officers will address with us internally ... such as pay, assignments. special
assignmems and jusl a varie1y of things like 1hat. But the bottom line factor is what are they doing for 1he
communi1 y and are they doing it appropriately and in the fashion that we eilpcct. .. 1ha1 is the measurement.
City Manager Sears said I 1hink Chris addressed 1ha1 from his si de. I don't know if there is a magic wand out there .
Certainly I 1hink 1hey have expressed fruslration and concerns, especially to take a vote. I don't know if I really
ha ve an answer for where we are al. I 1hink slruciurally. the City Council basically puts their responsibility on to the
C 11 y Mana ger. II i, in a public environment here, we are in a public selling, so it is a little different say than a
corpora11 n where y u can kind of deal wi1h 1hings on a more informal basis. You know also within the structure,
\\e·vc go1 cumm.tnd people who are 1here and you know turnover is going to be an issue that is going to happen .
Plu,. we do have lhree bargaining uni1s wi1h dl'iferenl attorneys and different ways of looking at things. l wish there
"ere o ne answer 10 1ha1 and I know 1ha1 is not probably where you arc at . I think that, cenainly. having an
organizatio n 1hat lislens IO 1he individuals and tries 10 put that into a format within the public setting fish bowl, is
probably really one of 1he only 1hings you can do.
C"uncil Member Wo losyn sai d this is a small thing, bu1 I feel 1hat I have to say it . When we talk about if morale
a nd performanc·c arc rcl.11cd ... in 1he la>I couple of weeks there was a small ... a very small thing ... a garage door was
o pen in the house nc'i to us a nd 1he man across lhc s1ree1 reported ii . My husband is supposed to be watching the
ho u~c nexl tu u, :md \I C d1dn ·1 lool m 1he alley. bu1 we found out later that two policemen had come out and were
,er). ,er) concerned and wenl m and shu1 the door. So, I thank II is great . I know that we have morale problerru..
There are .11'1 J , mo rale problem; "11h budgets and jusl the every day issues, but I do think that II seems that
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Englewood City Council
March 7, 2005
Page 11
service is good and impressive, so I think it is great when we all can keep our performance up, even though we have
other issues. I just wanted to say that
City Manager Sears said if I can add to that. I think we've got a very highly responsive organization, whether it is
the Council requests, which all of our department heads get back to Council. .. we never put any off. We respond no
matter where they are. I think we have an open organization at the lop level. We've got hard working, detailed,
focused employees ... fire and police cspecially ... put their life on the line. It is not to say that utility workers that arc
out there are not in a tough position or our street workers that do a good job. So, I think organizationally it is a very
complex organization, but we have been able to maintain a responsive type of approach in a very, very difficult
budget session. We are down 50 employees from 500 employees, from where we were a couple of years ago. I
think a good organization is one that struggles through the difficult times and tries to work through those. I think
that is what we arc doing tonight. I know there isn't an answer, other than trying to have the Council listen to
citizens, focus on things, represent the community, have the management try to figure out the best, most effective
a • ..: .;!'ficicnt way of doing things with the resources that we have and have employees that arc enfranchised with
where they arc at. We are going to have mobility. We arc going to lose 5-10 percent a year. To a certain extent that
is healthy. It allov,s people to move up the organization. We arc going to have our own disciplinary problems, but I
think organizationally we have been able to accomplish a great deal. I think the openness of how we try to address
these types of situations is the character of what we are as a community.
Council Member Barrentine said I think one of the ways that we can help as a City Council, as Chris Olson deals
with his morale issues in the capacity that he can, that as a Council, certainly in listening lo the community, that we
have a responsibility to provide a police department, police force, and protection for this community and they do an
excellent job. One of the things I think as Council that we could do is to let them know that they aren't on the
chopping block for the budget any more and give them some peace of mind that they have some stability, so that
they can go ahead and move forward . And that is where I think our power lies.
Mayor Garrett said anybody else? There were no other questions or comments.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MARCH 7, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call to order. l.' 1 ~ f-f'l'1 •
811-1<. tL e ,,,,+ t l"l (.... 2. Invocation.
3. Pledge of Allegiance.
4 . Roll Call.
5. Co.,ideration of Minutes of Previ~us Session .
., l ( ,ih~m ,,J Btt-4.d.r4.....t)
(o"O a. Minutes from the Regular City Council meeting of February 22, 2005. IA) o/os r~
6 .
7.
8 .
9.
Reco~ Scheduled Public Comment. (Please limit your presentation to ten minutes.)
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 continued to
General Discussion .) //,.,LAS' Jo,._ Atf..+ C,f'(,"'1,"r15
4, Pt /1\.t:.-( f!t ~ A,.,.f 5<>,.J I r, "-v
Communications, Proclamations, and Appointments.
f1
Consent Agenda Items .
a .
b.
Approval of O~nces on First Reading.
Approval of Ordinances on Second Reading.
i. Council Bill No. 3 approving the redemption and subsequent sale of the property located
(~ at 4180 South Acoma Street. ~ -0 OiJ ~g' ;3/l.4-df~,t-)
Please note: If you have a di'sability and need auxiliary aids or services, please notify the City of Eflllewood
(3 03 -7 62 -2407) at lea st 48 hours in ildvance of when services are needed . Thlrlk
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Englewood City Council Agenda
March 7, 2005
Page 2
c. Resolutions and Motions.
f5
10. Public Hearing Items. (No Public Hearing Scheduled .) p
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
b .
c .
i. Council Bill No. 4 -Recommendation from the Safety Services Department to adopt
-a hill for an ordinance approving a Memorandum of UnderstandinR with the Sheriffs,
Chiefs, or other Law Enforcement Agency Directors (or their designees) who
participate in the Denver Metro Auto Theft Team. STAFF SOURCE: Tom
Vandermee, Division Chief. /))OO J_(l.)4-l.-d
ii . Council Bill No. S -Recommendation from the Community Development
L>epartment to adopt a bill for an ordinance pertaining to Private Activity Bonds for
homeownership programs. STAFF SOURCE.; ¥art Graham, Senior Planner.
WO f Gl.Sy Vl
iii. >mmcil Bill No..J> -Recommendation from the Fina/ice Department to adopt a bill
for an emergency ordinance approving a Master Lease Agreement between the City
of Englewood and the Englewood Environmental Foundation, Inc., which replaces an
existing .lease for the purchase of the Englewood Civic Center and reduces the
aggregate payments made by the city. ST¥f SOURCE: Frank Gryglewic:z.
Director. l.,J r) / 0 .Sy VI
Approval of Ordina~n Second Reading.
Resolutions and Motions.
12. General Discussion :
a. Mayor's Choice.
b. Council Member's Choice.
13 . C ity Manager's Report.
a. Gary Sears will discuss issues relating to the Englewood Police Benefit Association.
14. Ci ty Altorney's Report.
Please note: If you have ii d is..bility Mid nttd auxilwy aids or wrvices. plute notify lhe Oly ol (llliewood
(303-762 -2407 il l least 48 hours in advmce al when services Me needed. Thal*
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Eng lewood City Council A ge nda
March 7, 2005
• Page ~
15 . Adjournme nt.
f ! 2 7 p./YJ.
Th e following minutes w ere transm itted to City Co unc1 between February 18 and March 3, 2005 :
• Code Enforcement Advisory Committee m ee i g of January 20, 2005 .
• Englewood Housing Authority regular meetings of December 8, 2004 and January 26, 2005 and
annual meeti ng of January 26, 2005.
• Firefighters' Pension Board meeting of August 17, 2004 and Telephone Poll of August 30, 2004.
• Liquor Li cens ing Authority Telephone Polls of January 19, 2005 and February 2, 2005 .
• Poli ce Officers' Pension Board meeting of August 12 , 2004.
Please note: If you have a disability and need auxili.lry aids Of seNices, please notify the City of Enstewood
(3 03 -7 62-2 40 7) at least 48 hours in advance of when services are needed. 1Nnk
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I. CaU to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
ReplarSealoa
February 22, 2005
5a
The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7 :31 p.m.
2. ln•ocation
The invocation was given by Council Member Barrentine.
3. Pledp of Allepance
The Pledge of Allegiance was led by Mayor Garren.
4 . Roll Call
Present:
Absent :
A quorum was present.
Also present :
Council Members Tomasso, Moore, Barrentine, Garrett.
Wolosyn, Woodward
Council Member Bradshaw
City Manager Sears
City Aaomey Brou:man
Assistant City Manager Aahcrty
Director Gryglewicz, Finance and Administrative Services
Director OIIOII, Safety Services
Director Fonda, Utilities
Director Kahm, Public Works
Director Black, Parks and Recreation
Housing Specialist Grimmen. Community Development
5. Co~eradon or Minutes of PreYious Scalon
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 20l5.
Mayor Garrett asked if there were any comments or corrections. There were none .
Vote results:
Aye :
Abstain :
Nays :
Abscnc:
Motion carried .
Council Members Barrentine, Garren, Wolosyn. Woodward. Tomasso
Council Member Moore
None
Council Member Bradshaw
(a) Pam Miller and he1la Ymnan of the Colorado HIIIIWIC Society were present to a.tend an
invi tation to C11y Council 10 auend their upcomina event. "Waas to Whasun" OIi March 5. 2005 Ill Ille Bn>WII
Palace Hotel . Ms . Miller passed out 1nV1W10nS 10 the Council Memben.
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Englewood City Council
February 22, 2005
Pagel
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Ms. Miller said thank you for having us here this evening. My husband Mike and I have been volunteers with the
Humane Society for five years now and I have been the Volunteer Coordinator for three years . I want to say that
you are so lucky to live in the City of Englewood . Three weeks ago, two Akitas broke through two fences and
attacked my little Wcsty. I called the Douglas County Animal Control people and the lady said that she was too
tired, that she had been up all night and asked if she could come in the morning. I told her I had a vicious dog in my
garage and she asked if I could leave him there until morning, because he is not vicious any more. Had I been in
Englewood, I know the Colorado Humane Society would have been there in ten minutes and would have taken those
dogs to the shelter. So, it kind of made me appreciate who I work for. The reason I volunteer for the Humane
Society ... and they have been in Englewood for almost fourteen years now ... is that they arc the only shelter in town
that really gets it right. We have 65 regular volunteers, 40 foster volunteers, 20 junior volunteers and 470 dog
walkers who agree with me. As a matter of fact, between April and December of last year we had 940 records of
dog walking from over 470 walkers including Developmental Pathways, Cherry Creek Schools, three different Girl
Sco ut Troops, Arapahoe High School and Christ Lutheran School. Many of these people arc familiar with families
and their family activities and enjoy volunteer activities together. I think it is really a great program and a great way
for people to teach their children responsibility. I have made many close friends through my association. Laurie
Crocker was to be here tonight, but she is a pilot. .. flies 767's and right now she should be about over Frankfurt,
Germany. So instead, I brought another dear friend of mine, Sheila Ycrman who is going to tell you about our
upcoming event.
Ms . Yerman said I would like to extend a very special invitation to our "Wags to Whis kers" event a week from
Saturday, March 5th. We will have cocktails and silent auction at 6 o 'clock. We will have dinner and entertainment.
This will be at the Brown Palace, of course , downtown. There will be a wonderful dinner, with entertainment
starting at 7 :30. and we will have a swing band. We will swing to the sounds of the Bobby Wayne orchestra at 8 :30.
We would like to invite all of you . We have a very special table for the City of Englewood and we have it reserved
for any of you that arc interested in attending. The individual tickets arc $65 .00 and we have a special price for the
Brown Palace dinner, which is a very good price ... for couples $100.00 ... for two people, any couples. You can also
order the tickets on-line at www .coloradolovespcts.com. So we would love to have a special table for you and we
would love to have your presence at "Wags to Whiskers" down at the Brown Palace. Jim Bencmann will be our
Master of Ceremonies that evening. We hope to see all of you there . Thank you.
Ma yor Garrett said thank you very much .
(b) City Council recognized Don Roth for the many years he served as a Keep Englewood Beautiful
Commi ssion member.
Mayor Garrett asked Don Roth to please come up. Mayor Garrett said for those of you who do not know Don, he
was appointed to the Keep Englewood Beautiful Commission (KEB ) on February I , 1993 . During hi s 12 year
te nure with KEB. Don has always been wi ll i ng to go the extra mile when it came to KEB and the City of Englewood
in gene ral. Don actively part ici pated in the fo ll o wing Commission events and ac tivities: Arbor Day, Good
Neighbor Days. Golf Tournament . 5K F un Run, So uth Pl atte River C lean up , Househo ld Hazardo us M ateria l Ro und
Up . Leaf and Tire Drop Off. and the Holiday Lighting event . and has been a pan of the Adopt a Street , Fl ower
Garden and Proud Property Progra m. As a me m ber of the Municipal Solid Waste Sub-Committee, Don was
mstrumental m developi ng a pl an that : req ui red li censing o f trash haulers to o perate within the C it y, regulated the
ho urs o f o perati on for trash ha ule rs wi thin the C ity; and made res idential trash service mandatory withi n the City.
Don wa the d rivi ng force behind the Keep Americ a Beautiful Litter Survey that is conducted each summer. To
help w ith the htter s ur vey. Don de ve lo ped a road grid system ut ilized to calculare and rare litter amounts throughout
1he C11y . In add 111o n IO volunteenng for all Commissio n e vents and acti vities , Don was often looked upon in
meet mg as 1hc keeper of KE B's h1stonc background and as a lcadcfin fosterin g ne w ideas for the evolving
Comm1s ,o n. KEB says goodbye to Don as an ac u ve member, Don wi ll be welcomed as an ac ti ve volunteer for
upco mmg c,ent>. Don "'ill be @.l'eatly m1 sed for his in ight mto the Commission. but mostl y Don will be missed
fur JU! t bemg Don Mayor Garrett said so I wou ld h ke everyone to give him a round of applause . There was
Jpplau.~ 1a)or Garrett presented Don "'llh a plaque and said thank you very muc h .
Mr Roth Jd I "'.int to thanl Council for appo1n11ng me all those tirnes .
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En&lcwood City CouncU
February 22, 2005
Pa1e3
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Council Member Wolosyn said I would like to add that one of the best things about tonight is that this isn't the end
of Don serving the community . He continues to be on two other boards, so there is no end to his service. Mr . Roth
said no, I am not going too far . There was applause .
(c) City Council recognized the young people who were nominated for the 2005 Metropolitan Mayors
and Commissioners Youth Award :
Mayor Garrett said we also have another exciting event tonight. There is quite a crowd here . Some of you arc here
for the 2005 Metropolitan Mayors and Commissioners Youth Awuds. We were fortunate enough in Englewood to
have thirteen nominees . These arc very special young people . Each nominee will receive a ccrtificalc and a gift bag
as a token of our admiration . We want to thank the Parks & Recreation Dcpanmcnt for providing Pirates Cove
passes.
Mayor Garrett said I would like Council Member Wolosyn to come down to assist in handing out the certificates and
gift bags. At this time I would like to invite all Council Members to come down to form a receiving line, to shake
their hands as they come forward . After wc have the recognition, we will have a brief commercial break ... wc will
all go to the Community Room to visit with our nominees .
Mayor Garrett said we arc honoring these nominees , not because of the challenges they have encountered, but
because they have persevered and have taken control of their lives . They have made a difference in their own lives
and the lives of those around them . Their strength and determination arc an inspiration . I would like to give special
thanks to the people who nominated them for recognizing their accomplishments and for helping us honor them .
We will introduce them in alphabetical order.
The nominees arc :
(i) Cortney Anderson, an s• Grader at Sinclair Middle School. Cortney's nominators say
it's not often they can salute a teenqcr for doing the right thini most all the time . Her teachers say Cortney leads
by example and truly cares about other people .
(ii) Shaya Casper. an 11• Grader at Colorado's Finest Alternative Hip School. Shaya's
nominator says she has made positive strides and serves as a role model for others. Her determination and
motivation will serve her well .
(i ii ) Jeremy Cordova. an 11• Grader at Colorado's Finest Alternative Hip School .
According to hi s nominator, Jeremy exhibits an inner Strength and detcrmination that is sure to help him succeed in
life . .
(iv) Codi Dillon, a JO'" Grader al Colorado's Finest Alternative Hip School . Codi's
nominator says 1hat Codi has made ,significan1 strides. and there is no doubt she will be succcuful.
(v) Renay Garcia, a 10'" Grader al Colorado's Finest Alternative Hip School . Accordi .. to
her nominator, Renay serves as a role model and an inspiration to her peen. Her determination and hope for the
future will ensure her success .
(vi) Ashley Lackey, a 12• Grader at Humanex Academy . Her nomi1111or says Ashley bu
worked to overcome difficult circumstances, rnaltina chan,es in her hfe and lffYi"I u a role model for her peas.
(vii) Jennifer Lee. a JO'" Grader II Colorado's Finest Allemllive Hip School . Jennifer's
nominator says she rnainiains a posilive attitude and U111Clfllhly 11ves back IO Ille~ dlroush many
volunteer proJccts .
( viii ) Jacob Lill , a 12• Grader at Colorado' F111Ht AlwMhve lbp Sctlool Ha ---.
describe Jake as a na1ural leader and say ha 1enac11 and Mffllllll -1111....,-to odlen.
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Englewood City Council
February 22, 2005
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(ix) Kristal Martone, an I Ith Grader at Colorado's Finest Alternative High School. Kristal's
nominator says she is a remarkable young woman who keeps life in perspective and is making solid progress.
(x) Matthew Merrill, a 12111 Grader at Humanex Academy. Man's successes have opened up
a positive future for him, according to Man's nominator. Matt is a role model at school and in his community.
(xi) Rae Katz Mount, a 10111 Grader at Colorado's Finest Alternative High School. Rae's
nominator says there is no doubt that Rae will be successful as she approaches the future with determination and a
positive attitude.
(xii) Breanna Nickels, a 12111 Grader at Colorado's Finest Alternative High School. Breanna's
nominator says Breanna meets each day with enthusiasm and optimism. She is an inspiration to everyone who
knows her .
(xiii) Breezic Pyfer, a 12'" Grader at Colorado's Finest Alternative High School. Breezie is
described by her nominator as a very positive role model at school . Her commitment and perseverance will ensure
her success.
There was applause after the introduction of each nominee.
Mayor Garrett said we arc very proud of these young people. We would like to thank the families, friends, teachers
and counselors who made these nominations and are here tonight to help us honor our nominees and who support
these very special young people on a daily basis. Let 's give them all a big round of applause. There was a round of
applause.
Mayor Garren said please join us next door in the Community Room for punch and cake and a brief reception to
visit with our nominees.
(d) Brief Reception.
Council recessed for a brief reception at 7 :46 p.m.
Council reconvened at 8 : 12 p .m . with all Council Members present.
(e) Billy Waters, Well Spring Church. was present to discuss with City Council their current
involvement and future participation in the community.
Mr. Waters said I want to hand these out to you. This provides background about the church and what we are doing.
There are no free things to restaurants in there. Sorry. I should have planned ahead and gotten something free . I just
want to share a little bit about the church and what we are doing in the neighborhood presently. We have been in the
neighborhood for four years . We started in the basement of-the Mayflower Congregational Church with about 30
people and right now we arc at about 130. It is growing and we are still in the basement of Mayflower
Congregational Church. Things have been going very well . One of the things that we really want to focus on ... and
thi s is the thing that probably pertains the most 10 us tonight .. .is that one of our values is holistic outreach. Thal is,
we want to minister to the whole person. So some of the things that we have done presently, is we have had a food
pantry where every Sunday morning after noon time, we feed about 100 folks . They come down there and we jUSI
bless them and we feed them and we learn a lot. We build relationships with them. It has been very sipificant. I
think about one guy in particular. His name is Raven and we fed him and he was destitute ... he was down and out.
We gave him some food and he came back next week and he swtcd to work the panuy . Then after workina the
pantry. someone in our congregation. who is a business owner. pve him a job. Raven, up kl this point. was
ho meless . Three or four weeks after he started coming to the pantry. he received his first paycheck. Now he is off
the s treets and he is man apartment. That i!I Raven and he i just one of the stones that we have. The odlcr thint 1
th a t we also have a youth group. We have about 2.S to 30 youah that come kl a Youth Group at the church on a
M o nday night . I've got to tell you guy that these lods are broke and buAed and a loc of them do noc have poulivc
male ro le models m their h vc . The youth paston ... we have a gal and a guy ... and they are jllll dynanuc and they
arc JUSI pounng love and JOY into these kid . There I one kid m particular who goes to a Junior Hip here III IOwn.
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Englewood City Council
February 22, 2005
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He has never told anyone in his life that he loved somebody . He came up to our youth pastor and he was in
tears ... he said I love you, I love you and you have done so much for my life. So, that is one of the things that is
taking place. There is also a kid by the name of Caesar that comes to the church and when he was in sixth grade, he
was a drug addict, he was out on the streets with his Mom and didl'l 't know where they were going to get their next
meal. He came to know the Lord ... started coming to the church and right now he is a Junior in High School and he
has a 3.5 grade average. As we were going to church on Sunday, he was talking about going to college. The church
has got a college fund for him and wc arc going to send him off to college. He wants to be a music major and then
he wants to go on to a seminary to become a pastor. I encouraged him not to do that. but still go on to college and
get his degree. This kid's life has completely changed. So these are just some of the things that we arc doing in the
community. There arc other things that we have done . We have done a Christmas Gift Outreach where we have
given away about 500 toys to people who normally would not have a Christmas . We have had a Fall Festival, Easter
Egg Hunt, we clean gutters and ralc.c leaves in the neighborhood every year . We also have street parties, as Ray can
attest to. We have a band that may be too loud some times, but when it is too loud, we turn it down. But we just
have a party. We have free food and we just try to get to know the neighbors, the community and just build
relationships with people. So wc close off the streets and we do get a permit for that and it is completely legal,
because I think there arc some police officers here and it is legal. We just have a lot of fun. We build relationships
with the community. That is one of our purposes and we want to be holistic in our outreach. For the future, wc
really recognize that Englewood, the face of Englewood, is changing and we are blessed in this City to sec the City
become more multi-cultural, more diverse and we want to be a part of that. We really want to be a blessing in the
midst of that. We want to be a church that is multi-cultural and just experience the blessing of the rich and the poor,
the black and the white, the old and the young and just to be a blessing to the City. And so what I wanted ... actually,
I had two questions. One is, if you guys sec any needs ... really anybody .. .if anybody secs needs within this
community ... whether it is single moms, whether it is kids who don't have a place to go after school. .. we want to be
a blessing, we want to be a bridge and serve in those areas of great need. So if you guys sec needs, please give me a
call or contact Well Spring Church. Please let me know, because wc want to be there. We want to be a servant to
this great neighborhood and great City. The other thing is, if you guys have any resources like free facilities or
money, you can give me a call for that a.swell. We really do want to do more, we want to become more effective
and efficient in reaching out and being a blessing for this City. Seriously, if you guys know of any facilities, or
bigger facilities and grants or anything, we are open. Bless you guys 1111d thanks for listening.
Mayor Garrett said thank you very much .
(f) David Bruno, Legal Counsel for the Englewood Police Benefit Association, was present to address
City Council regarding departmental issues.
Mr. Bruno said I stand before you to speak on behalf of the members of the Englewood Police Benefit Association
with this prepared statement. As you are probably aware, this organization represents commissioned police officers
o f the Cuy of Englewood below the rank of Sergeant. Please understand that this statement is directed to you by the
Po li ce Association and not by myself. It is a statement in the words of your officers. They have asked me to make
thi s statement on their behalf because of a concern of retaliation. The matter that I am directed to communicate to
you th is evening ha s been a sensitive topic , a topic that did not originale overnight, but rather has developed over a
period o f time leading to thi s culmination before each of you and before this session of City Council. Although the
membership wa reluctant for thi s matter 10 reach this point. members of this organization voted overwhelmingly to
pursue thi s issue and to voice their concerns at a regularly scheduled City Council meeting. The members of this
As soc iation voted by majority vote to express no confidence in Public Safety Services Director Chris Olson. This
iss ue concerns the Englewood Department of Safety Services Director Chris Olson and his overall inability to
manage and lead those assigned to the Pohcc Division. He has promised to alleviate shortfalls in radio
communic ation, staffing . scheduling and other problematic situations which have led to dangerous situations for
both poli ce personnel and fo r the c1uzcns. As I mentioned previously, this matter did not originate overnight. Every
o pponumty for correcno n of a variety o f issiaes was extended to Director Olson over the past years . Even after time
wa s all ocated for correctio ns . some were dealt with. but with only 1emporary results ; the membenhip was still
reluctant to bnng thi s mailer to your aucnuo n in a pubh forum . After lengthy discussions among the Association
me mbers . member o f the Po h c Adrrum tra tJOn a nd Director Olson. it wu decided that this wu the only recourse
avai lable to seek a re med y to those prob~m that have '-n encoun&effll over the past years. When the mcmbcnhip
vot ed by a ma1or1t) vote of no confidence. the 11o-erc asked to express their reasons for their vote of no confidence.
h t con I tan g of twcnty-fi,c r= 11o cre g"~n. Due to the time constraints thi s evcnin&, the membership has
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Englewood City Council
February 22, 2005
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directed me to express those reasons which they deemed were the most serious. The current radio communications
system is not only inferior to systems used by other agencies, it is downright dangerous. Within the confines of this
small city, there are areas where the system docs not work or where two-way communication is compromised .
Often handheld radios are garbled and filled with static, which malces communications inaudible. The lack of two-
way radio communication does not allow officers to effectively communicate and coordinate a tactical plan. This
can have horrendous consequences. The safety of the citizens, as well as the police, is in jeopardy. The police
officers that respond to calls for assistance, as first responders, place themselves in harms way. This threat is
heightened when communication between officers, dispau:h and other responding units is not functioning properly.
Dispau:h has had lingering problems with their equipment. This includes their consoles, computer aided dispau:h,
and interface with CCIC/NCIC. Regrettably it is only a matter of time before someone will suffer injury or death as
a result of this inadequate communication system. Director Olson, as well as the department's Research and
Technology Manager, have been informed of this situation on numerous occasions, not only by the member& of this
Association, but also by other various supervisory personnel. Until recently, Director Olson did little to remedy
these problems. His response was only empty promises. An 800 megahertz radio system is in the works, but has
not, according to Director Olson, been ordered. and may not be installed for some time . On February 7, 2005,
Director Olson presented a memorandum concerning divisional re-structuring to all Safety Services Personnel . It is
the opinion of the members of the Association that this divisional re-structuring gives Director Olson and the
Research and Technology Manager another method of avoiding this situation and distancing themselves from the
radio deficiencies. This so called divisional re-structuring adds another layer of supervision to the process by adding
additional personnel who do not have the technical knowledge needed to fix this reoccurring problem. The re-
structuring was meant to give the Research and Technical Manager a reprieve from her many responsibilities, and
quoting Director Olson's memorandum "to alleviate the heavy workload that has been placed on the Research and
Technology Manager ... " Director Olson has not only added another supervision layer, but has given the Research
and Technology Manager another critical responsibility of Homeland Security instead of making her accountable for
the dangerous lingering communication system she is now responsible for. The Police Division. under the
Englewood Department of Safety Services, has suffered the effects of budgetary cutbacks, as has the entire City.
Director Olson eliminated and did not replace front line police positions. At the same time he added supervisory
positions. even when there were fewer employees to supervise. He staled at an Ena)ewood Police Benefit
Association meeting that he would maintain 36 patrol officers to co-the three watches. He apin has reneged on
this commitment. Over this past year line personnel were required to maintain the same level of police service, with
less personnel scheduled for various patrol wau:hes . Call loads have remained the same as in previous years, but
with less police patrolling the streets. Moral within the Police Division has suffered under Director Olson's
leadership. Lastly. we feel that Director Olson lacks concern with the Police Division in get,enl. Only recently and
only when he found that a vote of no confidence was taken; he has now become somewhat visible to those within
the Police Division . In our society. change is inevitable. and it is imponant that the leader of an organization be able
to adapt to necessary changes. The issues discussed tonight revolve uound the central issues of Director Olson's
refusal to accept change and to take responsibility in resolving important issues, especially those centering on safety .
Police personnel have a commitment to make Englewood a safe place to live, work and visit. We want a Director or
Police Chief that is willing to show leadership and is willing lo take the initiative to not only listen. but also to
implement necessary staffing and equipment for the safety and security of our personnel, which will ultimately lead
to the safety and security of our citizens. On behalf of the members of the Englewood Police Benefit Association
we thank you for your attention to this matter. Now as I said, these are not my words, these are the words of your
police officers and I would ask that you give this matter your attention . Thank )'O\I.
Mayor Garrett said thank you very much .
(a) A letter from Jacqueline Edwards 1ndica11ng her railnallOII from the Koep Eqlcwood Bcamflll
Commi ss ion was considertd .
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F.npewood City CouncU
February 22, 2005
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COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDFJ>, TO ACCEPT WITH REGRETS
THE RESIGNATION OF JACQUELINE EDWARDS FROM THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION
Council Member Wolosyn said Ms. Edwards was a very valuable member of the commission and I am always sorry
to lose someone.
Vote results:
Ayes:
Nays :
Absent:
Motion carried .
Council Members Barrentine, Moore, Ganett, Wolosyn,
Woodward, Tomasso
None
Council Member Bradshaw
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading . (See Agenda Item 11)
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 11)
(c) Resolutions and Motions
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDFJ>, TO APPROVE CONSENT
AGENDA ITEMS 9 (c) (I), (U), (II) AND (IY),.
(i) Purchase of a new Jacobsen LF-3400 Fairway Mower from Ellen F.quipmem Corporation
in the amount of $34,850.00 .
of $56 ,343 .00 .
Vote results:
Motion carried .
(ii) Purchase of pump station equipment from McLemore Pump in tbe amount ofS97,713.00.
(iii) Purchase of a 28 passenger bus from Transweat Bus Sales in the amount of $99,365.00.
(iv) Purchase of a 15 passenger ADA accessible van from Intermountain Coach in the amount
Ayes:
Nays :
Absent:
Council Mc;mbers Barrentine, Moore, Garrett, Wolosyn,
Woodward, Tomasso
None
Council Member Bradshaw
10. PubUc Heal'Ull lie-
No public hearing was scheduled before Council.
11 . 0~ R-autioa aad Motioa
(a) Approval of Ordinances on First Reading
(i) Housing Finance SpecialiSI Grimmett presented a recommcadatioa from the COIIIIIIUllily
De velo pment Department approving the redemption and sublequent sale of the property localed 114180 Soudi
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Englewood City Council
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Acoma Street. She said unfortunately I am back again requesting Council's approval to accept the redemption of
another property that was acquired through foreclosure at 4180 South Acoma Street. And, also to approve the
subsequent sale of that property to an owner occupied buyer who would then be able to find their own financing and
continue ownership of the property. This particular property went into foreclosure, was sold at public sale in
November, we filed our intention to redeem, according to Colorado State Statutes, in January and then received
notification at the end of January as to what our required amount to redeem was and we submitted and wired those
funds to the Public Trustee's office on February 1<>6 and have requested that the deed be issued in our name . So as a
result, we are here again requesting approval of that action, as well as the subsequent sale.
Mayor Garrett asked if there were any questions for Ms . Grimmett. There were none .
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I) • COUNCIL BILL NO. 3.
COUNCil.. Bll..L NO . 3, INTRODUCED BY COUNCil.. MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING
REHABil..IT ATION PROPERTY LOCATED AT 4180 SOUTH ACOMA STREET IN THE CITY OF
ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Ayes :
Nays:
Absent :
Motion carried.
Council Members Barrentine, Moore, Garrett, Woiosyn,
Woodward. Tomasso
None
Council Member Bradshaw
(b) Approval of Ordinances on Second Reading
(i) Council Bili No . 2 approving the redemption and subsequent sale of the property located
at 423 I South Cherokee Street was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· ORDINANCE NO. 7, SERIES OF 2005.
ORDINANCE NO . 7, SERIES OF 2005 (COUNCil.. BILL NO. 2, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABll.ITATION
PROPERTY LOCATED AT 423 I SOlITH CHEROKEE STR.EffiT IN THE CITY OF ENGLEWOOD.
COLORADO.
Mayo r Garren asked if there was any discussion . There was none .
Vote results:
Ayes :
Nays :
Absent :
Mm,on earned.
Council Members Barrentine. Moore, Garrett, Woiosyn.
Woodward . Tomasso
None
Council Member Bradshaw
(c) Resol uuo ns and Motions
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Englewood City Council
February 22, 2005
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(i) Director Fonda presented a recommendation from the Utilities Department to adopt a
resolution approving an amendment to the Granular Activated Carbon l..case Agreement with American Water
Resources , lnc. (formerly known as American Commonwealth Management Services, Inc .) He said the original
agreement was in 1998 . It was for $1,850.00 a month. They would like to raise it another $100.00 a month, which
we consider totally reasonable . It would then be good for 12 months and renewable for six successive times . This
also provides for the Utilities Department to negotiate that for the successive minor adjustments, if any.
Mayor Garrett asked if there were any questions for Mr . Fonda.
Council Member Woodward said we do one year leases? Mr . Fonda said that is under TABOR, we can't go further
than that without the commitment. Mr. Woodward said thank you .
Mayor Garrett asked if there were any other questions for Mr . Fonda . There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (I) • RESOLUTION NO. 42, SERIES OF 2005.
RESOLUTION NO . 42 , SERIES OF ZOOS
A RESOLUTION AWARDING AN NEGOTIATED CONTRACT FOR AN AMENDMENT TO THE ACMS
GRANULAR ACTIVATED CARBON LEASE AGREEMENT FOR PURCHASE INSTEAD OF THE
COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION
4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 .
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes :
Nays :
Absent :
Moti on carried .
Mayor Garrett thanked Mr . Fonda.
12. Genenl DiKuaioa
(a) Mayor 's Choice
Council Members Barrentine, Moore , Garrett. Wolosyn,
Woodward , Tomasso
None
Council Member Bradshaw
(i) Ma yor Garrett sai d there were several Council members here and I wound up speaking
when I d1dn ·1 know I was going to peak at the Purple Heart Memorial Dedication on Saturday. It was well
atte nded . We had ni ce weather . I think the veterans were quite pleased with how it has come out and its location . I
was talking to several o f the veterans and they said the one thing th at they really like about it is that they like the
se tting. Because it is a ni ce park setting. with the fountain . In the summer time there arc benches there for our
ve teran s to come and rc Occt and think about the purpose of that Memorial . So, it was a really nice cve111 . I think it
adds a nice thing to our communi ty. I think Rick and hi s group arc going to put some landscaping around the base
of II to help make 11 look even prettier than it is today . I want to thank everybody for their hard work in making that
happen for our City .
(b) Council Members ' Choice
(1) Council Member Barrentine :
I . She said I might have sai d thi s 1n the Study Session, but I walllCld it on the record as well . Linda and Jim
Fall ... he was terminall y 111 ... had• huge parking pmbltm tn front of their house . Our Public Works~. in
onl y a few days, wen t out there and came up with some very creative soluttons. One of them was mov1n1 the 5Ulp
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Englewood City Council
February 22, 2005
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sign five feet over so that another car could fit and that allowed ambulances, doctors, nurses and hospice care to
come in there. She called me .. .Jim had passed away and she wanted to say just how much it meant that we had that
kind of response from the City. She wanted to thank Ladd and certainly Rick Kahm's department, Public Works,
for their response, their compassion and their willingness to work with the citizens.
2. She said I wanted to thank the Littleton Police Department. I did a ride-along on Friday that I had
sc heduled about a month ago and was able to participate with another City Council person . I wanted to pass along
that while it was interesting and we took a tour and did all that, that we share some similar problems with space
issues, holding cells and things, as both of our facilities are rather old . I want to also pass along the comments that
were made on how much respect and regard they have for the Englewood Police Department and how well they
work together, as we all have to in the Tri-Cities area . That was important to them and they certainly passed that
along several times to me and I wanted to make sure that you guys knew that .
(ii) Council Member Woodward :
I. He said at our last meeting the owners of the Dubliner were here talking about their new restaurant. We
had a KEB 5-K Sub-committee meeting and had the opportunity to meet there last week. I must tell you, it is a
really enjoyable place and I would like to really highly recommend the Dubliner as a really nice restaurant and it is a
really nice addition to South Broadway and to Englewood .
2. He said I would like 10 ask if we can get a discussion, regarding the Farmers' Market for this summer down
in the Plaza , on our agenda for Study Session, to see what we can do to promote that and see how we can make it
better thi s year.
Mayor Garrett said I believe we will need EEF's involvement on that one . City Manager Scars said right and I
know Bob Simpson has been doing some work, but we could shoot for the 14• of March .
(iii) Council Member Wolosyn:
I . She said Saturday night was our fourth annual Back to Bach and it was very successful. I want to thank all
of the staff that helped us with it and also members of the Englewood Arts Commission who put in a lot of time. I
think of myself and I thought of this night, with KEB and ET AC , as a citizen representing other citizens. I really
appreciate these events where we all come together. I think we do something good in this City, with our staff and
community and we show our City off to others. I always get nervous , but it came off wonderfully .
2. She sai d Janet Moore is a member of the Arts Commission and she spearheads this National Show, which
is now up and will have its official opening reception next Saturday evening on the 26111• It is another example of a
lot of people putting in a lot of time for just the love of it and getting a lot of wonderful support from staff, which
yo u guys know, I appreciate .
3. She said I think I have already said what I wanted to say about KEB and ET AC . One group is long
standing and I didn 't know anything about it until I became the liaison . And one is new and to me it is nice to sec
them sort of taking the reins and making something positive in our discussions in the City .
•••••
Mayor Garrett sai d two quick things . One is a reminder that we are meeting at Malley next wee\. Council Member
Tomasso is hos ting the meeting at Malley starting at 6 o'clock next week . As a result, I will not be meeting with
Ga ry and Dan tomorrow morning .
13. City Manager's Report
(a) City Manager Scars said tomorrow 1s the CML Legislative Session . I think a couple Council
members may be there . There arc a few staff members that will be there also and will keep Council up to date on
where the SUltc Legislature is going w11h the main issue
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February 22, 2005
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(b) City Manager Sears said I will be at a University accreditation . They ue paying my iaourcca to
go to that Monday and Tuesday of next week. So I will be out of town. I will be taking a look at another program
from a practitioner's viewpoint.
14 . City Attorney's Report
City Attorney Brotzman did not have any mattet;s to bring before Council.
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Mayor G111TCn said Council will meet in Executive Session in the City Council's Coafemll:c room uplllir&.
15 . Ac1J41urnn-t
MAYOR GARRETT MOVED TO ADJOURN. The meetin& adjowned at 8:)9 p.m.
Frank Gryglewicz
Director of Finance and Administrative Services
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: March 7, 2005
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS
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ORDINANCE NO.
SERJES OF 200S
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BY AUTHORJTY
COUNCIL BILL NO. 3
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZJNG THE REDEMPTION AND SALE OF A HOUSING
REHABILITATION PROPERTY LOCATED AT 4180 SOUTH ACOMA STREET IN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of EnaJewood acccpccd assignment from
the Englewood Housing Authority of all ripts, ISSCIS and liabilities associated with the
Housing Rehabilitation Loan Ptogram by the passage of Ordinance No. 23, Series 1999;
and
WHEREAS, Englewood City Council authorized amending Title, 4, Chapter 3, with
the addition of a new Section 13 entitled "Housing Rehabilitation Fund" by the passage
of Ordinance No. 26, Series 1999; and
WHEREAS, the Englewood Housing Rehabiliwion Propam was created in 1976 to
preserve the existing housing Sloclt in EngJcwood and to address the problems of low-
income families with the financing of major household repairs; and
WHEREAS, the Rehab Ptogram approves home improvement loans that arc secund
by deeds of lrUSt recorded on tbc property rcprcscntin1 pncrally sccood or third
mortgage ; and
WHEREAS, occasionally homeowners default oa their loans and the lien bolder
initiates tbc foreclosure process by filin1 the required documents with the Public
Trustee' Office; and
WHEREAS, the property located at 4180 South Acoma bas a Rehabilitation Loan
with the City holding a second mongaae ; and
WHEREAS , this propeny \\-.ut to public sale on November 17, 2004, and the
propeny wa sold back to the first rnongagee who initiated the foreclosure ; and
WHEREA , the Englewood Rehab Loan Commincc was con ulted at their
December 2004 rncetin& and they recommended filing the Intent to Redeem Notice
with the public Trustee's Office: and
WHERE . the homeowner failed to redeem the property, within their 7S-day
redemption penod: and
WHERE . the ity (the cond mongaaec) w notified late on February 4, 200S
f th amount ne~dcd to redeem the propeny no later than February 10. 200S; and
WHFREA , th ity redeemed the propeny on February 10. 200S and requested
t.h.11 th dec.J be I u d to the tty of Enalewood Housina Rehabilitation Fund; and
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WHEREAS, the redeemed property located at 4180 South Acoma Street will be sold
to a private owner-occupied party who bas secured bis own financing and the City funds
used to purchase the property will be returned to the Housing Rehabilitation Fund when
this property is sold and the new owners loan is closed; and
WHEREAS, if an offer to purchase is received from any City employee, their
family members, or any business in which a City employee bas a financial interest, the
offer will be submitted to the Englewood City Council for approval;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood hereby authorizes the
redemption and subsequent sale of a Housing Rehabilitation Property acquired through
the foreclosure process located at 4180 South Acoma Street.
Scctjop 2. The Mayor and the City Clerk are authorized to execule the proper form
of deed for the conveyance of the property located at 4180 South Acoma Street,
Englewood, Colorado punuant to Sec:tioo 71 of the Enpewood City Charier.
Introduced, rad in full, and passed on fint reading on the 22nd day of February, 200S .
Published u a Bill for an Ordinance on the 2s•-day of February, 200S .
Read by title and passed on final reading on the 71b day of March, 200S .
Published by title u Ordinaocc No . _, Series of 2004, on the 11th day of
March , 200S4 .
Douglas Garrett, Mayor
ATTEST:
Loucn lua A. Ellis. City Clerk
I, Loucnsh1a A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
c:naf that the above and foregoing is a true copy of the Ordinance passed on final
rcadmg and publi bed by title as Ordinance No . _, Series of 200S .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 7, 2005 11 a i Denver Metro Auto Theft Task Force MOU .
Initiated By: Staff Source:
Safety Services Division Chief Tom Vandermee
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COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action on this item .
RECOMMENDED ACTION
The Department of Safety Services, Police Division, is recommending that Council approve a Bill for
an Ordinance authorizing and approving a memorandum of understanding with the Sheriffs, Chiefs,
or other Law Enforcement Agency Directors (or their designees) who participate in the Denver
Metro Auto Theft Team .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The numbers of auto thefts throughout the Denver Metro area have increased significantly. In
Englewood alone, there were 457 auto thefts in 2004. It has also been recognized that a large
number of these thefts are committed by individuals or groups of individuals who are not restricted
in any way to committing these offenses within the jurisdiction of a single agency.
To that end, the Denver Metro Auto Theft Team (DMA TI) was formed as one of the investigative
and enforcement groups of the Colorado Auto Theft Prevention Authority. The mission of the
DMA TI is to combat auto thefts and vehicle insurance fraud. By sharing both personnel and capital
resources , the DMATI can take an organized approach to investigating these crimes. Such groups
hav e already been formed in the North Metro area and in Colorado Springs .
FINANCIAL IMPACT
The Colorado Auto Theft Prevention Authority is funded by the insurance agencies through an
assessment on individual auto insurance premiums.
The financial impact on the City of Englewood is limited to the use of capital equipment and
personnel during joint in ves tigati ve assignments. Overtime expenditures incurred by the City are
reimbursed up to $8,100 per detective. Englewood will have one detective assigned to the team .
LIST OF ATTACHMENTS
City of Eng lewood 2004 Auto Theft Statistics.
Bill for an Ordinance.
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ENGLEWOOD DEPARTMENT OF SAFETY SERVICES
CRIME ANALYSIS UNIT
OFFENSE INFORMATION: Motor Vehicle Thefts
TIME PERIOD: 2004
MOTOR VEHICLE THEFT
60 -,---1'1C':n~r,:,,-::,-~-
50
40
30
20
10
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1-2002 -2003 .... 2004]
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ORDINANCE NO.
SERIES OF 2005
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED : "MEMORANDUM OF UNDERSTANDING" RELATING TO THE
DENVER METRO AUTO THEFT TEAM BETWEEN THE PARTICIPATING
LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD,
COLORADO TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD
IN THE DENVER METRO AREA.
WHEREAS, the number of auto thefts throughout the Denver Metro area have
increased significantly; and
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WHEREAS, in Englewood alone, there were 457 auto thefts in 2004; and
WHEREAS, it bas been recognized that a large number of these thefts are committed
by individuals or groups of individuals who are not restricted in any way to committing
these offenses within the jurisdiction of a single agency; and
WHEREAS, the Denver Metro Auto Theft Team (DMATT) was formed as an
investigative and enforcement group of the Colorado Auto Theft Prevention Authority;
and
WHEREAS, the purpose of the DMA TT is to combat auto thefts and vehicle
insurance fraud by sharing both persoMel and capital resources and by taking an
organized approach to investigating these crimes; and
WHEREAS, this Intergovernmental Agreement will formalize the relationship
between the participating agencies of the OMA TT for policy guidance, planning,
training, public relations and media relations in order to maximize inter-agency
cooperation; and
WHEREAS, each participating agency agrees that its law enforcement personnel
and/or its equipment may be used in conducting overt and coven investigations involving
organized or multiple motor vehicles thefts, chop shops and fencing of stolen motor
vehicles and/or motor vehicles parts; and
WHEREAS this Intergovernmental Agreement provides for the sharing of services or
functions by political subdivisions of the State of Colorado, specifically authorized by
CRS 29-1-203 (204);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The Intergovernmental Agreement "Memorandum of Understanding"
relating to the Denver Metro Auto Theft Team, attached hereto as Exhibit A, is hereby
accepted and approved by the Englewood City Council.
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~ 2. The Director of Safety Services and the City Clerk arc authorized to
execute and attest said Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 7th day of March 2005 .
Published as a Bill for an Ordinance on the 11th day of March, 2005 .
ATTEST: Douglas Garrett, 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 a Bill for an Ordinance, introduced, read in
full, and passed on first reading on the 7th day of March, 2005.
Loucrishia A. Ellis
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MEMORANDUM of UNDERSTANDING
Denver Metro Auto Theft Team
(Revised : 1/19/05)
This Memorandum of Understanding (MOU) is entered into by the Sheriffs, Chiefs or
Law Enforcement Agency Director ( or their designees) of the agencies who subsequently
agree to the terms of this MOU .
Purpose:
The purpose of this Memorandum of Understanding is to outline the overall mission of
the Denver Metro Auto Theft Team (DMATT) and delineate the responsibilities between
the participating member agencies listed above and any additional agencies that have
agreed to this MOU.
This MOU will formalize relationship between participating agencies for policy
guidance, planning, training, public relations and media relations in order to maximize
inter-agency cooperation. This will also create a cohesive unit capable of addressing the
emerging organized auto theft problem facing Colorado Law Enforcement agencies
statewide.
Each participating agency agrees that its law enforcement personnel and/or its equipment
may be used in conducting overt and covert investigations involving organized-or
multiple-motor vehicle thefts, chop shops and fencing of stolen motor vehicles and/or
motor vehicles parts.
This Memorandum of Understanding provides functions or services, including the
sharing of services or functions by political subdivisions of the State of Colorado,
specifically authorized by CRS 29-1-203 (2004).
ln addition this MOU sets forth the intent of the signatories to participate hereto in this
organization (DMA TT). This MOU Is not a legally binding document and Is not
intended to confer remedies on any party in the event of Its breach.
Mission:
The mission of the Deaver Metro Auto Theft Team is to combat auto thefts and vehicle
insurance fraud . This will be accomplished by thoroughly investigating organized groups,
repeat offenders and those individuals, groups and or organizations that benefit from or
support this type of criminal activity.
• OMA TT will work closely with prosecutors in preparing cases in which the
Colorado Organized Crime Control Act (COCCA), if appropriate, can be
implemented.
• OMA TT will be proactive in the use of "sting" operations, bait vehicles and
informants to penetrate organi zed groups of auto thieves .
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• DMA TT will also be proactive by enforcing the "Daily Business Record" statute
for tow companies, auto salvage yards and auto repair businesses.
• DMATT, upon request, will assist member agencies with large, and/or organized
multi-jurisdictional auto theft related investigations.
• DMATT will participate with other Federal, State or Local Law Enforcement
Task Forces that request our assistance on auto theft related issues.
• DMATT will work closely with the Colorado Auto Theft Investigators (CATQ
organization to educate the public and provide introductory and advanced auto
theft training to other Law Enforcement agencies.
Participadon:
Initially, it is anticipated that for at least the first year the DMATT will be a part-time
organization designed to facilitate complex vehicle crime investigations. It is not intended
to be a full-time task force, requiring assignment of personnel at this time. DMATT will
be activated when a member agency has a multi-jurisdictional auto theft investigation and
requires additional manpower to properly investigate the case.
Agencies requesting activation of DMATI must be able to assign a minimum of one
Investigator or Detective to participate in Team operations and that member agency's
personnel will serve as case agent and may make available a co-supervisor for the Team
for the purpose of operational plan review and field supervision during search and arrest
warrant execution within that jurisdiction.
Agency heads or designees are invited to quarterly briefings from the Project Director.
Such briefings will also serve as a forum to address any issues of mutual concern to the
participating agencies.
Composition:
DMATT will consist of a combined law enforcement body from the agreeing agencies
with the Colorado State Patrol as the lead agency. In addition, any additional
participating agency that subsequently agrees to the terms of this MOU will support
DMATT . Each participating agency agrees to provide manpower to allow DMATT to
accomplish its mission .
Specific control of Team members shall be retained by the respective participating
agency heads or designee, who will be kept informed of all investigative developments
by their respective subordinates.
The primary DMA TT supervisor will be the CSP Sergeant or other designated officer as
assigned by the Colorado State Patrol to supervise the Team.
Liability:
Each participating agency acknowledges that applicable Colorado State laws govern
liability for negligent or wrongful acts or omissions committed by its employees while
they are participating as a member of DMA TI. Liability for negligent acts or omissions
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are the sole responsibility of each of the participating agencies or employees and none of
the agencies or employees waive the benefits or obligations of the Colorado
Governmental Immunity Act; C.R.S. 24-10-101. Participating agencies and individual
team members agree they will not be responsible or liable for acts performed by
personnel of other member agencies while performing DMA TI activities.
Each participating agency will be provided with a copy of the Operational Guidelines for
the Team. Each Team member will be required to follow the rules and regulations of their
parent agencies unless Team guidelines are more strict.
Each participating member remains an employee of their parent agency and each agency
is responsible for salary, worker's compensation, and other benefits afforded their agency
members.
Salary/Overtime:
The Colorado State Patrol will issue purchase orders that authorize the reimbursement of
overtime incurred in furtherance of team objectives as outlined in the Denver Metro Auto
Theft Team Operational Guidelines.
Assignment of Cases:
All cases assigned or developed by the Team will be jointly investigated by the DMA TI.
The development of teams within the DMA TI may be necessary to effectively
accomplish the mission. Such teams will consist of a Team member fiom the requesting
agency and a Colorado State Patrol Investigator and any additional detectives as needed.
It is agreed that unilateral actions on the part of one agency will not be under-taken, as
such actions run contrary to the multi-jurisdictional spirit if the Colorado Auto Theft
Prevention Authority (CATPA) legislation. All law enforcement actions will be
coordinated and cooperatively carried out.
Use of Rocky Mountain High Intensity Drug Trafficking Area (RMHIDT A) Watch
Center is mandatory for DMATI operations to avoid conflicts with another agency or
task force operation.
Records:
All Team investigative records will be maintained in a secure location by the initiating
agency. Copies of all documents generated by the Team with respect to a Team
investigation shall be provided to DMATI unless prohibited by that agency's regulations,
and/or applicable State or Federal law.
Classified information and/or documents containing information that identifies or tends to
identify a DMA TT informant shall be maintained by the initiating agency in accordance
with that agency's policies regarding intelligence and confidential informant handling.
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Prosecutions:
The detective, supervisor, appropriate district attorney and the Colorado Attorney
General Office will make a determination, on a case-by-case basis, whether the filing of a
specific Team investigation should be filed with the District Attorney or the State
Attorney General's Office. The determination will be made at the earliest possible time
based on the evidence obtained and a consideration of which level of prosecution would
be of the greatest benefit to the overall objectives of the Team.
Incidents involving Team Memben:
Should a Team member be involved in a "critical incident" (deadly force encounter)
relating to and in the scope of Team duties, established critical incident teams will be
utilized. Investigation of critical incidents that occur in areas without a critical incident
team will be investigated by the agency having jurisdiction. Investigative assistance may
be requested from the Colorado Bureau of Investigations as needed. The agency of the
member involved in the incident will be responsible for conducting their own internal
investigation. Should Team members from more than one agency become involved in an
incident, participating agencies in this MOU agree to conduct independent investigations
unless it is determined by the appropriate supervisor that a joint investigation would be in
the best interest of the agencies involved. Any critical incident involving the use of
deadly force occurring in the City & County of Denver will be investigated under the
direction of the Crimes Against Persons Bureau under the most recent version of the
guidelines set forth in the Denver Police Department's Operations Manual.
However, if it is agreed that the agencies involved in an incident will conduct their own
investigation, it is agreed that each agency will conduct their respective investigation iJ:t a
manner that doesn't interfere with or hamper the investigation(s) of other agency(s ).
The Denver Metro Auto Theft Team permanent supervisor will notify the parent agency
supervisor in any instance of a complaint against a Team member arising from Team
duties. The parent agency is solely responsible for administrative investigations and
complaint resolution for their employee and any disciplinary or corrective action will be
the prerogative of the team member's agency.
Investigative Methods:
The majority of the Team cases will be prosecuted on the State level. Therefore, the
participants of the Team agree to conform to State standards concerning the collection,
processing and storage of evidence and electronic surveillance. In addition, the use of
other investigative methods (search warrant, intercepts of oral communication, etc ... ) and
re porting procedures in connection therewith will be consistent with the policy and
procedures of the State of Colorado and each participating agency. Evidence will be
ma intain ed and processed by the initiating agency under that agency's established
g uid elines.
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All Team operations will be conducted and reviewed in accordance with Team guidelines
and applicable State and Federal laws.
Informants:
Informant handling and documentation will be conducted in accordance with the
initiating agency's policy. Informants will need to be registered with DMATT and obtain
a OMA TT number for tracking purposes.
No documents will be prepared or disseminated outside the Team that would identify or
tend to identify a Team infonnant. When possible, the informant will be referred to by a
code name or number so as not to reveal his/her identity.
If any information on a confidential informant (CI) becomes the subject of a discovery
motion or court order in any State, Federal or Local proceeding, all participating agencies
agree that they will notify each other prior to disclosure. Each agency will attempt to
protect the interest of the other participating agencies in addition to its own interests and
those of the Cl.
Each agency's designated supervisor will oversee all aspects of informant development,
control and management in furtherance of the Team investigations.
Velllcles:
All participating agencies agree to supply their Team members with a vehicle for use by
their employee. All vehicles assigned to a Team member, except in emergency, will be
driven by that agency's personnel. Expenses related to the operation of that agency
vehicle shall be the responsibility of that agency.
Property:
Property and equipment of the Team will be properly maintained and cared for by
members. Any equipment on loan to the Team, by a participating agency, that is damaged
while in use during a Team operation will be repaired or replaced at Team expense.
Media Relations:
The OMA TT commander or his /her designee has the responsibility to coordinate the
release of information to the news media and to the public through the Public Information
Officer of the involved jurisdiction and the Colorado State Patrol Public Affairs Section.
Media inquiries made to individual participating agencies shall be referred to the
OMA TT commander. At major crime scenes or following major incidents, the OMA TT
commander or designee will coordinate \\oith the Public Information Officer of the
juri diction(s) in olved to ensure appropriate and accurate news releases arc made. The
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DMA TT commander or designee will ensure that each member agency receives equal
public recognition for publicized Team operations.
Duration:
The term of this MOU is for the duration of the Team's operation. Any participating
agency may withdraw from the Team at any time by written notification to the Team
commander at least 30 days prior to withdrawal. Upon termination of the MOU, all
equipment provided by the DMATT will be returned to the Team.
Modlftcatioa:
This agreement may be modified at any time by written consent of all participating
agencies through the Team Commander. Modifications to this MOU shall have no force
and effect unless such modifications are reduced to writing and signed by an authorized
representative of each participating agency.
Forfeitures:
The agency filing the criminal case will be responsible for processing assets seized for
forfeiture in conjunction with Team operations. Asset forfeitures will be conducted in
accordance with rules and regulation set forth by the Federal government or the State of
Colorado and DMA TT Operational Guidelines. Participating agenciea agree that any
recoverable forfeiture, attributable to a Team inveatigation, will be donated to the
Colorado Auto Theft Prevention Authority under the guidelines established in C.R.S. 42-
5-112 (4)(a).
Orgulzation:
The Team Commander will assure that DMATT bu the equipment, training and support
necessary to carry out its mission. The Project Director will be the authorized signer for
issues related to the DMA TT organization and operation.
The permanent Team Supervisor (CSP Sergeant) will have field supervisory
responsibility of all team members during OMA TT activities and will ensure that
DMA TT Operational Guidelines are followed.
The Colorado Attorney General Office will serve as legal advisor to OMA TT.
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Participating Agency signature(•)
By signing this Memorandum of Understanding your agency agrees to conditions set
forth in the memorandum and the Operational Guidelines for the Denver Metro Auto
Theft Team.
City of Englewood, Colorado
Agency-Safety Services Date-__ / __ / 2005
Plcue print Agency Name
Name----A,...u...,tbo,.---,rized,.---,,...,s""ignature ______ _
Chris Olson, Safety Services Director
Colonel Mark V. Tros1el
Chief-Colondo Stale Patrol
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COUNCIL COMMUNICATION
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DATE: AGENDA ITEM: SUBJECT:
March 7, 2005 11 a ii Metro Mayors Caucus, Single-Family Home
Mortgage Program and 2005 Private Activity Bond
INITIATED BY: STAFF SOURCE:
Community Development Mark Graham, Senior Planner
PREVIOUS COUNCIL ACTION/ COUNCIL GOALS
• For the past three years, since Englewood has received a direct allocation of Private Activity
Bond (PAB), the Englewood City Council has assigned its PAB to the Colorado Housing and
Finance Authority (CHFA) for home ownership programs.
• Prior to receiving a direct allocation of PAB in 1999, 2000 and 2001, the Englewood City
Council requested that the Colorado Department of Local Affairs assign Englewood's pro-
rata share of PAB to the Metro Mayors Caucus for home ownership programs.
• The Englewood City Council supports home ownership and programs for down-payment
assistance .
RECOMMENDED ACTION
Staff recommends that Council adopt a Bil l for an Ordinance entering into an Inter-Governmental
Agreement (IGA) with Metro Mayors Caucus (MMC) so that prospective Englewood homebuyers
may access the MMC program offering down payment assistance and below-market interest rate
financing for single-family home mortgages .
Staff recommends th at Council defer the dec ision to assign the PAS until mid summer to preserve
the option t o fund o th er eligible projec ts as long as possible. If Council does not assign the annual
alloca tion in advance of the September statu tory deadline, the PAB would revert to designated state
programs.
BACKGROUND AND ANALYSIS
The City of Den er has agreed to issue tax free bonds on behalf of MMC. The bonds provide
mortgage financing for low and moderate income people in the participabng jurisdictions to
purchase homes. With th e tax free bonds, MMC is able to offer borrowers below market rate
interest nd down pa ment assis tance. MMC suspended issuing new loans between 2002 and
2005. 0 er that period man loans were repaid and since new loans were not generated, the loan
fund grew. Approximately S20 million is cu rrently available for home mortgages and down
pa yment assi lance . Low and moderate income Englewood homebuyers may benefit from
Englewood's participation in the 2005 program .
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The City of Denver pledged an additional $10 million for Denver residents in 2005, and MMC
would be pleased to receive additional P AB assignments from other direct allocation Cities.
Englewood has not received any other requests for PAB for eligible projects in 2005. Over the past
few years, City financial advisors have recommended that Englewood defer the decision to assign
Englewood's direct PAB allocation until mid summer, to preserve the ability to finance PAB eligible
Englewood projects. If requests for PAB are not received by mid year, then it can be assigned to a
homebuyer program such as those offered by MMC and CHFA.
FINANCIAL IMPACT
The State of Colorado has certified that Englewood has a 2005 Private Activity Bond allocation of
$1 ,296,400. Englewood could assign some or all of that allocation to the MMC program. For
2005, MMC is offering to allow Englewood homebuyers to participate in their 2005 Single-Family
Home Mortgage Program whether or not Englewood aseigns any PAB to MMC.
ATTACHMENTS
Bill for Ordinance.
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. S
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND
COUNTY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF
ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE
FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS'') TO FINANCE
RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME
PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO
AND CERTAIN OTHER cmES AND COUNTIES IN THE STATE OF COLORADO;
APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN
PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION
THEREWITH.
WHEREAS, the City of Englewood, Colorado (the "City''), and the City and County
of Denver, Colorado (lhe "Issuer"), are each authorized by the County and
Municipality Development Revenue Bond Act, constituting Article 3 of Title 29,
Colorado Revised Statutes, as amended (the "Act"), to finance projects as defined in the
Act, including residential housing facilities for low and middle income penons and
families; and
WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality
may delegate by resolution or ordinance, as the case may be, to any other county or
municipality authority to act on its behalf in the financing of projects under the Act
and that any such delegation may be general or limited in scope and time and may be
irrevocable for the tenn or terms of any financing agreement or bond issue, all as
provided in such resolution or ordinance; and
WHEREAS, the Issuer proposes to issue single family home mortgage revenue bonds
pursuant to the Act (the "Bonds") to finance residential housing facilities for low and
middle income persons and families within the City and other cities and counties in the
State of Colorado (the "Single Family Mortgage Loan Program"J; and
WHEREAS , the City desires to delegate to the Issuer the authority of the City to
finan ce and otherwi se take action and exercise power under the Act on behalf of the
City with res pect to the Single Family Mortgage Loan Program within the City; and
WHE REAS , it i necessary to evidence such delegation by the execution and
delivery by th e City of a Delegation Agreement (the "Delegation Agreement")
attached as Exhibit A ;
NOW, THEllEFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Scc Jjo n I. In o rder to facilitate the origination of single family mortgage loans
wi thin the bo un daries of the City as part of the Single Family Mortgage Loan Program,
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the City hereby (i) delegates to the Issuer the authority of the City to finance and
otherwise take action and exercise power under the Act on behalf of the City with
respect to the Single Family Mortgage Loan Program within the City and (ii) approves,
and authorizes and directs the Mayor of the City to sign and the City Clerk to attest
and deliver the Delegation Agreement in substantially the form presented at this
meeting. A copy of the Delegation Agreement is on file in the office of the City Clerk
and is available for inspection by the public.
Section 2. The Council hereby approves the Bonds and the Single Family Mortgage
Loan Program for purposes of Section 147(t) of the Internal Revenue Code of 1986, as
amended.
Section 3. The Mayor of the City is hereby authorized and directed to execute and
deliver and the City Clerk is hereby authorized and directed to attest and deliver such
other agreements and certificates and to take such other actions as may be necessary or
conv.cnient to carry out and give effect to the Delegation Agreement and this
Ordinance, including any agreement or certificate approving the Bonds or the Single ,
Family Mortgage Loan Program for purposes of Section 147(t) of the Internal Revenue
Code of 1986, as amended.
Section 4. Nothing contained in this Ordinance or the Delegation Agreement shall
constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other
financial obligation of the City within the meaning of the Constitution or statutes of
the State of Colorado or the home rule chart~ of any political subdivision thereof, nor
give rise to a pecuniary liability of the City or a charge against its general credit or
taxing powers.
Sectjon S. If any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
any such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 7th day of March, 200S.
Published as a Bill for an Ordinance on the 11th day of March, 200S.
Douglas Gam:tt, 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 fnr an Ordinance, introduced, rad in
full, and passed on first reading on the 7th day of March, 200S.
Loucrishia A . Ellis
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DELEGATION AGREEMENT
THIS DELEGATION AGREEMENT (this "Delegation Agrcementj is between
CITY OF ENGLEWOOD, COLORADO, a home rule municipal corporation and
political subdivision of the State of Colorado (the "Cityj, and the CITY AND
COUNTY OF DENVER, COLORADO, a home rule city, a political subdivision and a
municipal corporation and a political subdivision of the State of Colorado (the
"Issuer"}.
RECITALS:
WHEREAS, the City and the Issuer are each authorized by the County and
Municipality Development Revenue Bond Act, constituting Article 3 of Title 29,
Colorado Revised Statutes, as amended (the "Act'), to finance projects as defined in
the Act, including residential housing facilities for low and middle income persons and
families; and
WHEREAS, Section 29-3-104(2} of the Act provides that a county or
municipality may delegate by resolution or ordinance, as the case may be, to any
other county or municipality authority to act on its behalf in the financing of
projects under the Act and that any such delegation may be general or limited in
scope and time and may be irrevocable for the term or terms of any financing
agreement or bond issue, all as provided in such resolution or ordinance; and
WHEREAS, the City wishes to participate in the Single Family Mortgage Loan
Program; and
WHEREAS, the City desires to delegate to the lasuer the authority of the City to
fina.-ice and otherwise take action and exercise power under the Act on behalf of the
City with respect to the Single Family Mortgage Loan Program within the City;
NOW THEREFORE, in consideration of the mutual covenants and undertaltinp set
forth herein, the City and the Issuer hereby agree as follows:
Scctjon I. The City hereby delegates to the Issuer the authority of the City to
finance and otherwise take action and exercjse power under the Act on behalf of the
City with respect to the Single Family Mortgage Loan Program within the City.
Sectjon 2. The Issuer hereby accepts the delegation of authority from the City
pursuant to Section I hereof and agrees to abide by each of the terms and conditions
of this Delegation Agreement in connection with the use of such delegation . The
Issuer agrees to make available to the City a portion of the proceeds of the Bonds for
the origination of home mortgages within the City's boundaries .
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IN WITNESS WHEREOF, the City and the Issuer have caused this Delegation
Agreement to be executed to be effective as of , 200S.
[SEAL] CITY OF ENGLEWOOD, COLORADO
ATTEST : BY~~~~~~~~~---
Loucrishia A. Ellis, City Clerk
[SEAL]
ATTEST:
By:-----------
Clerk and Recorder
Approved as to form:
BY~~----------
Assistant City Attorney
Countersigned:
By ___________ _
Auditor
Douglas Garrett, Mayor
CITY AND COUNTY OF DENVER,
COLORADO, as Issuer
, Mayor
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COUNCIL COMMUNICATION
DATE: AGENDAITTM: SUBJECT:
March 7, 2005 11 a iii An Emergency Ordinance Approving a
replacement Master Lease Purchase Agreement
between the City of Englewood and the
Englewood Environmental Foundation
INflATEDBY: STAFF SOURCE:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council approved the original lease between the City of Englewood and the Englewood
Environmental Foundation in 1998.
RECOMMENDED ACTION
Staff recommends Council approve the attached Emergency Bill for an Ordinance authorizing a
master lease purchase agreement between the City of Englewood and the Englewood
Environmental Foundation.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood entered into a master lease purchase agreement with the Englewood
Environmental Foundation and issued $21 .5 million ($20 million net) to make improvements to
Civic Center and the surrounding area . This refunding wiH not extend the payment period, but will
pro ide some •up front· savings in 2006. The original term of the payments was for 25 years,
ending in 2023; payments on the new issue end in 2023 as well.
This proposal is being done as an emergency to reduce the time and exposure to interest rate
changes that can occur during the referendum period if done in the normal manner of approving an
ordinance.
FINANCIAL IMPACT
Annual pa ments will not decrease significantly but a one time savings of between $400,000 and
S 00,000 will occur in 2006.
LIST OF ATTACHMENTS
Emergen 8111 or n Ordinance.
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ORDINANCE NO.
SERIES OF 2005
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE OF THE CITY OF ENGLEWOOD COLORADO AUTHORIZING
AND APPROVING A MASTER LEASE PURCHASE AGREEMENT BETWEEN
THE CITY AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC.,
WHICH REPLACES AN EXISTING LEASE FOR THE PURCHASE OF THE
ENGLEWOOD CIVIC CENTER SITE AND REDUCES THE AGGREGATE
RENT AL PAYMENTS MADE BY THE CITY FOR SUCH PURPOSE;
ACKNOWLEDGING DOCUMENTS EFFECTING THE REFUNDING OF
CERTIFICATES OF PARTICIPATION, SERIES 1998, AND ISSUANCE OF
CERTIFICATES OF PARTICIPATION, SERIES 2005, WHICH EVIDENCE
INTERESTS IN THE RIGHT TO RECEIVE CERTAIN REVENUES PAYABLE BY
THE CITY UNDER THE MASTER LEASE PURCHASE AGREEMENT;
PROVIDING DETAILS AND AUTHORIZING AND APPROVING RELATED
DOCUMENTATION IN CONNECTION WITH SUCH LEASE-PURCHASE
REFUNDING; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Englewood (the "City"), in the County of Arapahoe and
State of Colorado (the "State"), is a legally and regularly created, established, organized
and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the
"Charter"); and
WHEREAS, pursuant to Article I, Section 3 of the Charter, the City is authorized to
enter into one or more leases or lease-pun:basc agreements for land, buildings,
equipment and other property for governmental or proprietary purposes; and
WHEREAS, under a Lease Pun:hasc Agrccmcnt. dated December I, 1998, by and
between the City and the Englewood Environmental Foundation. Inc ., a Colorado non-
profit corporation (the "Corporation") (the "1998 Lease") rcconled in the rcconls of
the Clerk and ecorder of Arapahoe County in Book 231 at Page I , on December 31,
1998, the Cit) ,rrently lease-purchasing certain real property comprising
approximately , c res and on which is located the Englewood Civic Center (the
"Leased Property '); and
WHEREAS, pursuant to that certain Mortgage and Indenture of TNSt, dated
December I, 1998 (the "1998 Indenture"), by and between the Corporation and The
Bank of Cherry Creek, N .A., as predecessor corporation to American National Bank, as
trustee (the "Trustee"), recorded in the records of the Clerk and Recorder of Arapahoe
County in Book 356 at Page I on December 31, 1998, the Corporation issued
$21 ,530,000 in aggregate principal amount of Certificates of Participation (Civic
Center Project), Series 1998, evidencing undivided interests in the right to receive
certain revenues payable by the City under the 1998 Lease (the "1998 Certificates");
and
WHEREAS, to reduce the aggregate rental payments to be made by tbc City
pursuant to the 1998 Lease and effect a material savings to the City and its inhabitants,
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there bas been presented to the City by the Corporation and Stifel, Nicolaus &
Company, Inc., Hanifen Imhoff Division a proposal for t!:e refunding of the 1998
Certificates through the issuance of Refunding Certificates of Participation, Series 2005
(the "2005 Certificates") pursuant to a Mortgage and Inde.nture of Trust between the
Corporation and the Trustee (the "2005 Indenture"); and
WHEREAS, the 2005 Certificates, if and when issued, will evidence undivided
interests in the right to receive certain revenues payable by the City under a Master
Lease Purchase Agreement by and between the City and the Corporation (the "2005
Lease"), which 2005 Lease will replace the 1998 Lease (all capitalized terms used and
not otherwise defined in the recitals hereof shall have the respective meanings assigned
in the 2005 Lease); and
WHEREAS, in order to effect the refunding of the 1998 Certificates pursuant to
Section 4 .03 of the 1998 Indenture, the City must exercise its option to purchase the
Leased Property under the 1998 Lease through moneys made available through the
issuance of the 2005 Certificates and the execution and delivery of the 2005 Lease; and
WHEREAS, pursuant to an escrow agreement (the "Escrow Agreement") by and among
the Corporation and the Trustee, the net proceeds of the 2005 Certificates will be
deposited with the Trustee in a trust account and invested in noncallable direct
obligations of the United States of America, the maturing principal and interest on
which wilt be sufficient to def ease the 1998 Certificates pursuant to the terms of the
1998 Indenture; and
WHEREAS, payment of the principal of and interest on the 2005 Certificates when
due will be insured by a financial guaranty insurance policy issued simultaneously with
the delivery of the 2005 Certificates by MBIA Insurance Corporation; and
WHEREAS, the Base Rentals (defined in the 2005 Lease) and Additional Rentals
(defined in the 2005 Lease) payable by the City shall constitute currently appropriated
expenditures of the City; and
WHEREAS, no provision of the 2005 Certificates, the 2005 Indenture, or the
2005 Lease shall be construed or interpreted (a) to directly or indirectly obligate the
City to make any payment in any Fiscal Year in excess of amounts appropriaf,ed for
such Fiscal Year; (b) as creating a debt or multiple fiscal year direct or indirect debt or
other financial obligation whatsoever of the City within the meaning of Article XI,
Section 6 or Article X, Section 20 of the Colorado Constitution or any other
constitutional or statutory limitation or provision; (c) as a delegation of
governmental powers by the City; (d) as a loan or pledge of the credit or faith of the
City or as creating any responsibility by the City for any debt or liability of any
person, company or corporation within the meaning of Article XI, Section 1 of the
Colorado Constitution; or (e) as a donation or grant by the City to, or in aid of, any
person, company or corporation within the meaning of Article XI, Section 2 of the
Colorado Constitution; and
WHEREAS, the City has been presented with forms of the 2005 Lease, the 2005
Indenture , the Escrow Agreement, a Certificate Purchase Agreement, pursuant to
which the 2005 Certificates are to be sold to Stifel, Nicolaus & Company, Inc.,
Hanifen Imhoff Division (the "Certificate Purchase Agreement"), and of a
Preliminary Official Statement relating to the offer and sale of the 2005 Certificates
(th "Preliminary Official Statement"); and
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WHEREAS, the City Council desires to authorize the actions and documents
necessary and otherwise proceed with the lease-purchase refinancing in order to reduce
to aggregate rental payments scheduled to be made by the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
Sectjon 1. Authorization of Lease Purchase Agreement. The 200S Lease,
in substantially the form and with substantially the content presented to the City, is
in all respects approved, authorized and confirmed. If and only if the execution and
delivery of the 200S Lease results in a reduction of not less than $300,000 of the
aggregate Base Rentals (as defined in the 1998 Lease) scheduled to be paid under the
1998 Lease, the Mayor, or in the absence thereof, the Mayor Pro Tem of the City
Council, is authorized and directed, for a period of 60 days following the effective
date of this Ordinance, to execute the 200S Lease in substantially the form and with
substantially the same content as the form thereof presented to the City, for and on
behalf of the City, but with such changes therein as the Mayor may, on the advise of
the City Attorney, deem necessary or appro!'riate. Subject to the conditions set
forth in this Section, the City Council hereby approves the leasing of the Leased
Property by the City under the terms and conditions of the 200S Lease.
Section 2. Approval of Official Statement aad MlsceUaaeous Documents.
The City Council hereby ratifies and approves the distribution and use of the
Preliminary Official Statement made available to the City Council and, in the event
the conditions set forth in Section 1 of this Ordinance are met, authorizes and directs
the preparation of a final Official Statement for use in connection with the sale of
the 200S Certificates, with such changes therein as are approved by the City (which,
once executed by the appropriate City official, shall constitute conclusive evidence of
approval of the City). The appropriate officers and officials of the City are hereby
authorized and directed to execute an undertaking to facilitate compliance with
Securities and Exchange Commission Rule 1Sc2-12 (17 C .F.R. § 240.1Sc2-12), to
execute and file an Internal Revenue Service Form 8038-G in connection with the
refinancing, and to execute and deliver all of the documents and certificates necessary
or desirable to effectuate the issuance of the 200S Certificates by the Corporation•
and the transactions contemplated hereby and/or relating to the sale or assignment by
the Corporation of proportionate interests in rights to receive certain payments
under the 200S Lease, and execution by the parties thereto shall constitute the City's
approval of such documents and certificates in the form so executed.
Section 3. Consent to Assignment aad Sale of Proportionate Interests.
The City Council hereby acknowledges and consents to the assignment by the
Corporation of all rights, title and interest of the Corporation, pursuant to the 200S
Indenture , in , to and under the 200S Lease to the Trustee, and the delegation by the
Corporation of all duties of the Corporation under the 200S Lease to the Trustee.
The City Council hereby acknowledges and approves the assignment or sale of
proportionate interests in rights to receive certain payments under the 200S Lease.
Section 4 . Exercise of Option Under 1998 Lease. In the event that the 200S
Lease is executed and delivered pursuant to the terms of this Ordinance, the City
hereby exercises its option to purchase the Leased Property under the 1998 Lease
through moneys mad.: available through the issuance of the 200S Certificates.
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Section S. Year to Year Obligations of the City. No provision of this
Ordinance, the 2005 Lease, the Certificate Purchase Agreement, the Escrow
Agreement, the Commitment, the 2005 Indenture, the 2005 Certificates, the
Preliminary Official Statement, or the final Official Statement shall be construed or
interpreted (a) to directly or indirectly obligate the City to make any payment in any
Fiscal Year in excess of amounts appropriated for such Fiscal Year; (b) as creating a
debt or multiple fiscal year direct or indirect debt or other financial obligation
whatsoever of the City within the meaning of Article XI, Section 6 or Article X,
Section 20 of the Colorado Constitution or any other constitutional or statutory
limitation or provision; (c) as a delegation of governmental powers by the City; (d) as
a loan or pledge of the credit or faith of the City or as creating any responsibility by
the City for any debt or liability of any person, company or corporation within the
meaning of Article XI, Section I of the Colorado Constitution; or (e) as a donation
or grant by the City to, or in aid of, any person, company or corporation within the
meaning of Article XI, Section 2 of the Colorado Constitution.
Section 6. Declarattona and Findings. The City Council hereby determines
and declares that the Base Rentals, which shall not exceed $1,575,000 annually,
represent the fair value of the use of the Leased Property, and that the Purchase
Option Price, which shall not exceed $21,000,000, represents the fair purchase price
of the Leased Property. The City Council hereby determines and declares that the
Base Rentals do not e,cc e d a reasonable amount so as to place the City under an
economic or practical compulsion to appropriate moneys to make payments under
the 200S Lease or to exercise its option to purchase the Leased Property put'SU81lt to
the 200S Lease. la making such determinations, the City Council has given
consideration to the current market value of the Leased Property, the cost of
acquiring, constructing or equipping property similar to the Leued Property, the ll9ea
and purposes for which the Leased Property is being and will be employed by the
City, the benefit to the citizens and residents of the City by reuoo of the use of the
Leased Property pursuant to the terms and provisions of the 200S Leue, the option
of the City to purchase the Leased Property, and the expected eventual vesting of
full title to the Leased Property in the City. The City Council hereby determines and
declares that the leasing of the Leased Property pursuant to the 200S Leue will result
in facilities of comparable quality and meeting the same requirements and standards u
would be necessary if the acquisition of the Leased Property were performed by the
City other than pursuant to the 200S Lease. The City Council hereby determines and
declan:s that the duration of the 200S Leue, including all optional renewal terms,
authorized under this Ordinance, does not exceed the weigblcd average useful life of
the Leased Property.
Section 7. Ratlncatloa of Prior Actloaa. All actions heretofore taken (not
inconsistent with the provisions of this Ordinance) by the City Council and by the
officers and employees of the City directed toward the lease purcbuc financing for
the purposes herein set forth are hereby ratified. approved and confirmed .
Section 8. Headl•&•· The headings to the various sections and puapapbs to
this Ordinance have been inserted solely for the convenience of the reader, ue not a
part of this Ordinance, and shall not be uaed in any manner to interpRt this
Ordinance.
Section 9. Severablllty. It is hereby expressly declared that all provisions
hereof and their application are intended to be and ue severable. la order to
implement s uch intent, if any provision hereof or the application thereof is
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determined by a court or administrative body to be invalid or unenforceable, in whole
or in part, such determination shall not affect, impair or · invalidate any other
provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a
court or administrative body to be valid or enforceable only if its applicati(ln is
limited, its application shall be limited as required to most fully implement its
pwpose.
Section 10. Repealer. All orders, bylaws, ordinances, and resolutions of the
City, or parts thereof, inconsistent or in conflict with this Ordinance, are hereby
repealed to the extent only of such inconsistency or conflict.
Section 11. Declaration of Emeraeacy aad Effective Date. The City Council
recognizes that market interest rates arc changing materially from day to day and
that the delivery of the 200S Lease shortly after the marketing and sale of the 200S
Certificates will result in the lowest Base Rentals possible, thereby increasing General
Fund revenues available for other City purposes; therefore, the Council hereby finds
and determines that this Ordinance is necessary for the immediate preservation of
public property, health, peace and safety and shall be in full force and effect
immediately upon final passage by the Council.
Introduced, read in full, and passed on first reading as an emergency ordinance on the
7th day of March, 2005.
Published as an Emergency Bill for an Ordinance on the 11th day of March, 200S.
Douglas Garreu, Mayor
ATTEST:
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerlt of the City of Enalewood, Colondo, hereby certify
that the above and foregoing is a true copy of an EmerJCDCY Bill for an OrdiDance,
introduced, read in full, and passed on first reading on the 7th day of March, 200S.
Louaiuia A. Ellis
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MEMORANDUM
FROM:
DATE:
Mayor Garrett and Membe~-o e City/J°uncil
Gary Sears, City Manager ~
March 3, 2005
TO:
SUBJECI': Englewood Police Benefit Association Issues
Dear Mayor and Members of the City Council,
As a result of the City Council meeting of February 22, 2005, I have asked Chris Olson,
Director of the Safety Services Department. to provide to Council a response to the three
issues raised by the Police Union Attorney, David Bruno, in his presentation to Council.
Director Olson has provided a response to these questions in the attached
memorandum, including supplemental attachments from his command staff. While the
technical, personnel and budgetary considerations will need to be dealt with in the
resolution of these three issues, it is my opinion that Director Olson and his staff
continue to work hard to resolve these issues to the benefit of Englewood.
Safety Services Director Olson will be at the meeting to provide a verbal response to
these issues. If there are further issues that should be addreued, I look forward to
Council comments regarding these issues.
Cc: City Attorney Dan Brotzman
Safety Services Director Chris Olson
Assistant City Manager Mike Flaherty
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MEMORANDUM
TO: Gary Sears, City Manager
FROM:
DATE:
Chris Olson, Safety Services Director
March 3, 2005
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SUBJECT: Englewood Police Benefit Association Issues
CJ
At the regular Englewood City Council meeting of February 22, 2005, Attorney David Bruno,
speaking on behalf of the Englewood Police Benefit Association, delivered what was represented
as a vote of no confidence in me, as the Director of Safety Services. Although several concerns
over my leadership were voiced, the primary topics addressed appeared to be issues with the
current Safety Services radio system and the proposed new 800 MHZ radio system; the
Computer Assisted Dispatch System; and finally , the number of personnel assigned to the Police
Uniformed Services Bureau. Attempts have been made to discuss these issues with
representatives of the EPBA, seek specifics as to the exact concerns, and to provide education as
to the complex functionality of radio and computer-based systems, without apparent success.
To this day, I continue to have full confidence in my Command Staff and their desire and ability
to address operational issues and problems as they are made aware of them. As you well know,
budgetary constraints and uncertainties have placed a severe strain on our ability to provide all
of the services and infrastructure that we feel is appropriate for the citizens of this community.
Given those constraints and uncertainties, I believe that there has been minimal degradation in
service and performance levels from all members of Safety Services. Regardless, this
memorandum will serve as a response to Council Member Tomasso's council request for
information related to the Englewood Police Benefit Association's three primary issues.
Please refer to the attached documents from members of my staff. These documents will serve
as the more detailed information base and reference source.
I. State of the current Safety Services radio system and status of the
proposed 800 MHZ radio system.
Our current radio system operates on VHF (Very High Frequency), and along with UHF (Ultra
High Frequency), has been a standard for radio systems across the country for generations, as it
has been in Englewood for years. As with all radio systems, uninterruptible transmissions and
ze ro downtime are impossible goals to achieve. Given terrain, weather, power sources and many
o ther factors, our employees make every attempt to keep the system current and operational,
through the use of contracted radio equipment repair vendors. Over the years, we have spent '
ma ny thousands of dollars to upgrade, repair and relocate equipment, as necessary. A VHF
fyst e m , on its own, is more than adequate for the needs of a city the size of Englewood.
However , with the rapid evolution of neighboring jurisdictions to an 800 MHZ standard, the
iss ue o f radio interoperability wi th o ur public safety partners is critical.
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Dead spots, lost transmissions, and system downtime have been issues well before I started my
career in Englewood in 1976. Tower sites have been relocated, multiple repeaters have been
added, new mobile and handheld equipment has been regularly upgraded, yet no guarantee can
be made that problems will not occur now or in the future. To that end, we are hoping that the
on-order new 800 MHZ system (only made possible through Federal Homeland Security
funding) might alleviate some of these issues. But, having historical input from other current
800 MHZ users, one set of problems might be replaced by another; a fact I have tried to convey
to our employees over the last three years. The 800 MHZ system will greatly improve
interoperability, but might present its own reliability and performance problems once we begin
implementation.
In order to maintain integrity and reliability we have conducted several independent evaluations
of the current and proposed system over the years. The last evaluation occurred in 2004 in
preparation for the 800 MHZ implementation at a cost of approximately $20,000. An internal
process re-structuring has also been recently authorized that now provides a more direct link for
officers and firefighters to initialize complaints and concerns regarding the radio and computer
systems. On-going feedback to all members of the organization indicates that this process
change has so far been successful.
For a more detailed overview of our radio systems, please see the attached memorandum from
Research and Technology Manager Trina Everhart.
u. Computer Assisted Dispatch/Records Management System and Mobile
Laptop Computers
In the summer of 1998, Englewood Safety Services was able to move from a paper and pencil
dispatch operation to a new computer assisted dispatch and records managenient system
(CAD/RMS). Along with continual upgrades to the CAD/RMS, the E-991 system, the computer
operated radio consoles, the Colorado Crime Information Center/National Crime Information
Center (CCIC/NCIC), and a new physical location for the, Communications Center, we have
made significant and costly strides, to achieve an up to date information distribution
environment.
However, given the complex nature of these new and ever-evolving systems, a perfect
operational standard can never be achieved. We continually strive for uninterruptible
performance, and while we feel that that has been reached over 95% of the 24/7 operational
hours, problems do arise. With an established managerial call-back process, 24 hour on-call
maintenance agreements and the skills of our in-house personnel, downtime on our myriad
electronic systems is minimized.
We have also made great strides in implementing mobile computer operations in our fire and
police vehicles. While problems are very inherent in this type of project, our personnel continue
to troubleshoot, repair and upgrade, as necessary, and as the budget allows. We are moving
ahead with advanced field-reporting software installation for the Police Uniformed Services
Bureau, and with the valued assistance of the Information Technology Department, we will
ensure that this project will integrate seamlessly with the fixed-base CAD/RMS.
Please see the attached memorandum from Manager Everhart for more specifics related to this
issue.
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III. Police Uniformed Sel'Yices Bureau Staffing
I am going to ask that you reference the attached memorandum from Police Commander John
Collins regarding the recent historical staffing of the Uniformed Services (Patrol) Bureau. That
document describes the efforts that have been made by the Command Staff to maintain staffing
at the recommended level of 36 officers , in the face of budgetary constraints and reallocations.
The goal , of course, is to maintain that level, but given the natural occurrence of retirements,
terminations and resignations, constantly maintaining that level can be difficult. The goal of 36
police personnel on Patrol (12 per watch) is the FrE budget allocation. Given illness, injuries,
leaves, in-training recruits and normal days off, we will rarely have that number of personnel
actually on the street. It must be remembered that our minimum street-level staffing is four
officers and one supervisor per watch; regardless of the FrE allocated for each watch. Again,
please review Commander Collins's report for more details, especially regarding the average
number of officers on-duty at any one time.
Please be advised that we are already in an extensive process of reviewing, updating and re-
formatting the Police Division Administrative Policy Manual with the goal of seeking an
independent, outside review by other Chief Officers associated with the Colorado Association of
Chiefs of Police. If all criteria are met, we will be awarded state accreditation by this
organization, at minimal cost. Members of the EPBA Executive Board have been an active part
of this process from the beginning; a process that should be complete in the next few weeks.
I believe that I have addressed the primary issues mentioned on February 22nd, 2005, but if you
feel that further clarification is needed, I will be happy to provide you with that information.
Thank you for your attention to these matters.
C. H. Olson, Director of Safety Services
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Memorandum
TQ Director Chris Olson
FROM:
DATE:
RE:
Commander John Collins
March 1, 2005
Staffing Report
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The authorized or budgeted staffing positions for the Uniform Services
Bureau over the last three years is as follows :
• 2002 -36 patrol positions, 4 Traffic positions, and 4 Impact positions
• 2003 -36 patrol positions, 4 Traffic positions, and 2 Impact positions
• 2004 -37 patrol positions, 4 Traffic positions, and O Impact positions
• 2005 -36 patrol positions, 4 Traffic positions
From mid-2002 and throughout 2004 several police positions were lost
through attrition due to budget constraints. Throughout 2004, there were a
total of nine (9) vacancies created within the organization by officers who
separated their employment from the City.
The authorized strength for patrol never fell below 36 positions. There
were however; vacancies that were created which caused staffing levels to
fall to 33 patrol positions. The organization maintained its commitment to
a minimum staffing level on all watches of four (4) officers and a supervisor.
That commitment was accomplished via overtime, the use of part-time
personnel, and the temporary reassignments of officers assigned to the
Traffic Enforcement Team .
The remainder of this memorandum provides a synopsis of the patrol
staffing levels from 2003-current.
In January 2003, the patrol staffing level began the year with 36 patrol
officers, 2 Impact officers, and 4 motor officers. In July 2003, the patrol
staffing level was 36 officers, 4 Impact officers and 4 motor officers.
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March 3, 2005
In Ja.nuary 2004 the patrol staffing level was 37 officers (one floater) and
three motor officers. The Impact Team was disassembled and these
officers were assimilated into the patrol ranks.
During the months of March thru May 2004, a total of six officers left the
City of Englewood to pursue careers with the cities of Westminster and
Aurora, and one officer left to enter employment in the private sector. In
response to this, the Traffic Team officers were temporarily placed into
these vacancies within the three patrol watches. One officer who was
assigned to Investigations was also returned to patrol. The purpose of
these transfers was to insure minimum staffing levels for patrol. This
brought the staffing level of the Uniform Services Bureau to 33 officers.
The subsequent hiring of four officers enabled three officers to return to
the Traffic Team. One additional officer was approved by City Council to be
added to the Traffic Enforcement Team to bring that total to 4 officers. At
the end of 2004, the Patrol staffing level was 33 officers and four Traffic
Officers, with three vacant positions.
In the early part of 2005, three additional officers were hired to fill those
vacancies. To date, there are 34 officers assigned to the three watches with
two officers in training. These two officers are due to achieve solo status in
the first week of April 2005, thus bringing the staffing level in Uniform
Services to 36.
I have reviewed the average staffing levels for 2005 and the average
number of officers assigned to each watch per day is six. This figure does
not include the factors that diminish the staffing levels such as
vacation/sick leave, injuries, etc.
To reiterate, the Uniform Services Bureau has a minimum staffing level per
watch of 4 officers and one supervisor. This minimum staffing level has
been in place throughout the aforementioned time period. There are
unforeseen occasions where a particular watch may drop below the
minimum acceptable level of four officers. Sergeants have been instructed
that this is an unacceptable level so as such , additional officers may be
called in, held over, or part-time officers are summoned to correct the
deficiency. The minimum staffing level for patrol does not change
regardless of the authorized strength. The thought process is that whether
there are 30, 33 , or 36 authorized positions for patrol, the minimum
staffing level will always be four (4) officers and a supervisor.
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MEMORANDUM
TO :
FROM :
DATE :
Chris Olson
Trina Everhart
March 1, 2005
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SUBJECT: Mobile Data Terminals (MOT's) Overview and Progress
C~J
The Englewood Safety Services, Police Division has Mobile Data Terminals in the Patrol
Vehicles . Officers are able to message to one another and to access information through the
Colorado Crime Information Center and the National Crime Information Center (CCIC/NCIC).
This enables the officers to gain information such as Wanted Persons and Stolen Vehicles .
The current MDrs are Panasonic ToughBook CF-28 . All of the MDrs have 384 MB of
Memory (RAM). The upgrade to the ToughBook CF-28's and the installation of new Kodiak
docking stations into the Police Patrol vehicles took place during July of 2002 . The MOT's are
current models and, in fact, have the higher memory needed in the anticipation of added
functionality such as Field Reporting .
The MOT's use wireless communication technology to function. For faster speeds and broader
bandwidth, we upgraded to General Packet Radio Service (GPRS) in April 2004. Upgrading
with AT&T saved the City a minimum of $30 ,000 as we were already an existing customer.
A s of the date of this memo, there are 17 Patrol vehicles with Mobile Data Terminals . After
having an independent vendor inspect all MOT's, only one unit did not work properly. This is
being addressed. The independent vendor (PCS) report is forthcoming .
One of the main complaints voiced regarding the MOT's is that they will not reconnect. One of
the main causes of this is that users do not log out of the computer properly , which causes the
unit to lock up. Another issue is that of the computer prematurely being powered off, after the
vehicle is shut down . The result is the same type scenario as the computer not being logged
out properly and will not reconnect. With the acquisition of the new patrol vehicles , the power
issue should be eliminated .
The second complaint is that of the computer locking up due to a program called Omniform .
This is an off the shelf program that provides templates of Police reports that were developed
by one of our officers. This was meant to be a stop gap until the Field Reporting software was
implemented . The funding for the Field Reporting has been approved through the Forfeiture
Board . IT Department concerns have somewhat delayed the process; however, discussions
are underway to move toward implementation. This will address this issue .
If I can be of further assistance . please contact me .
Trina Everhart
Research and Technology Manager
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MEMORANDUM
TO:
FROM :
DATE :
Chris Olson
Trina Everhart
March 1, 2005
SUBJECT: Radio System Overview and Progress
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Currently , all of Englewood Safety Services . plus Public Works, operates on a VHF Radio
System .
Legacy Communications has the contract for the radio maintenance to the City. Legacy has
been responsive in preventive maintenance and to any issues that have arisen . The equipment
is thoroughly checked , as per our preventive maintenance agreement, on an annual basis .
The last preventive maintenance check was completed June 2004 . The next system check is
scheduled to begin at the end of May 2005 .
Additionally, any equipment that is reported as having any issues is repaired by Legacy and
returned to the Department. Any larger issues, such as infrastructure problems, are reported
to Legacy , and a technician responds to deal with the issue, 24 hours a day.
Every radio system or cell system experiences some limitations . By the true nature of any
communications system , there are areas of no coverage and/or times of no service. The VHF
Radio System does not experience the "make busy's" or times of no service associated with
800 MHz systems . However, it does have limitations in coverage due to terrain and structures .
Without additional infrastructure , these issues cannot be resolved . Additional towers or
repeaters are expensive items and limited in where they can be placed .
The State of Colorado Digital Trunked Radio System (DTRS) partners with the Consolidated
Communications Network of Colorado Inc. (CCNC) to provide an 800 MHz radio system . The
system was set up for State Wide interoperability. The system and equipment is expensive. It
has been the Department's intent to join the 800 MHz system ; however, due to recent budget
restraints at the City of Englewood , the funding for the 800 MHz system had to be severely
reduced , thus delaying the project.
Through d ili gent efforts a Homeland Security Grant, the Urban Areas Security Initiative Grant,
was obtained and awarded to Englewood Safety Services to cover most of the equipment costs
to move our Police and Fire to the 800 MHz System .
Due to a complex grant process , it took time for the award letter and for the purchasing agent ,
Denver, to approve the legal issues and move forward to order the equipment. For this reason
the equipment was processed in two phases. The first , the subscriber equipment radios , had
the Purchase Order cut the end of December. Motorola ordered the radios from the factory on
January 10, 2005 , to be shipped by the end of March . Second , Motorola has stated that the
console portion will be shipped at the end of this month; also pending the final signed
agreement which we expect to have within the next two weeks .
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Once the equipment arrives, it must be inventoried and then programmed . The consoles and
infrastructure have been engineered by Motorola , and will be installed by Motorola and Legacy
Communications . While this is taking place the configuration of the system will be underway
as well as training on the equipment. Thia project is a massive project, as all consoles,
handhelds and mobile radios will be new equipment.
The 800 MHz is not without its issues. The technology of the 800 MHz system is that it is more
"direct line of sight" than the VHF . The system does experience seconds of time where there
are "make busys" or times of no service , like those experienced by cell phone users . However,
the 800 MHz system brings an important benefit of State·wide interoperability. The
Consolidated Communications Network of Colorado Inc. (CCNC) 800 MHz radio system has
over 170 Member Agencies .
The VHF System will remain as a back up, in the event of scheduled and non-scheduled
outages. Public works and Code Enforcement will remain on the VHF system until such time
that the transition to 800 MHz, for these entitles can be funded by the City.
If I can be of further assistance, please contact me .
Trina Everhart
Research and Technology Manager
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1. Call to order 1 1 /-;O p.m.
2. Invocation------=---
3. Pledge of Allegiance----
4. Roll call
Member9:
Moore
Gan8tt
5. CC~inutes .
~} o Io syvt moved
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2.
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4.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCI~
MONDAY, MARCH 7, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to orderf);'O
Invocation.
Pledge of Allegiance
5. Consideration of Minutes of Previous Session.
°tfd~txWfi;;'.:1i,1_~fFehru;~ 22, 2005.~
6 . Recognition of S eduled Public Comment. (Please limit your presentation to ten minutes.)
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time
d'~lf}p;~7l11r"'7u-"5M'~~
, '( Comp, P,ocl=•Uon,, ,nd Appolnlm~I>. r,J
9. ConsentAgendaltems. ~----
• Appmvol of O I ceson ""'"'"''"• ~ 'f IY/
b . Approval o ainances on Second Rea~{}-()
i . Council Bill No. 3 approving the redemption and subsequent sale of the property located
~ma Street.
Please note : If you have a disability and need auxil~ry .iids or servicei, ple.ise notify the City of Englewood
(303-762-2 407) at least 48 hours In ildv.ince of when servlcei are needed . Thank
Englewood City Co un ci l Agenda
Ma rch 7, 2005
Page2
11 .
a . Approval of Ordinances on First Reading.
i. Council Bill N~ 4 -Recommendation from the Safety Services Department to adopt
'J(Jt?~. abill for an ordinance approving a Memorandum of Understanding with the Sheriffs, '.:" f J Ch iefs, or other Law Enforcement Agency Directors (or their designees) who
participate in the Denver Metr/1 J~o-~~~!!~m;JSTAFF SOURCE: Tom
Vandermee, Division Chief. 'VI/ /fW'(AJ~
ii . _92uocil Bill No 5 -.Recommendation from the Community Development c,2 {Z._ ~epartment to adopt a bill for .In ordinance pertaining to Private Activity Bon
I J V) V r .. omeownership programs. STAFF SOURCE: Mark Graham, Senio• Planner ,r.u.nu.~..L-
iii. Council Bill No. 6 -Recommendation from the Finance Department to adopt a bill
L, r a mer en rdinance approving a Master Lease Agreement between th 1ty
~? of En ewoo an the Englewood Environmental Foundation, Inc., which r aces an
.t{)f 'Q existing lease for the purchase of the Englewood Civic Center and reduce
~ -;JI aggregate paymenJ~ ~j:~Y-~~e cyAFF SOURCE: Frank Grygl
~.,() Director. 'lllr~
b . Approval of Ordinances on Second Reading.
c . Resolutions and Motions.
12 . G enera l D isc ussi on :
a. Mayor's Choice.
b . Co uncil Member's Choice.
13 . City Manager's Report.
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Englewood City Council Agenda
March 7, 2005
Page 3
15. Adjournment. 6'; 30
The following minutes were transmitted to City Council between February 18 and March 3, 2005 :
• Code Enforcement Advisory Committee meeting of January 20, 2005.
• Englewood Housing Authority regular meetings of December 8, 2004 and January 26, 2005 and
annual meeting of January 26, 2005.
• Eirefighters' Pension Board meeting of August 17, 2004 and Telephone Poll of August 30, 2004.
• Liquor Licensing Authority Telephone Polls of January 19, 2005 and February 2, 2005.
• Police Officers' Pension Board meeting of August 12, 2004.
Please note: If you have a disability and need auxiliary aids or services, pleue nolify the City of Enp!WO<>d
(303-762 -2407) at least 48 hours in advance of when services -needed. T1wink
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