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Home My WebLink About2005-09-06 (Regular) Meeting Agenda PacketOrdinance Re solution • ~-" .. . ., ·• • - • . .. ~ .. ... : ··;. f ' . -.. '• .... .. . . . : ., . ••,;, . _ ... · .. .. · •.. . . , 'I ••• .,• . ·~ : .. .. ,....,_ ____ _ Regular City Council Meeting September 6, 2005 #~~2. 43, 44, 45, 46, 47, 48, 49 # ~77, 78, 79, 80, 81, 82, BJ, 84, 85, 86, 87 .. ' • l i l =-1 r··-~)" I '.1 ._._../ • -.J . \, .. .. . . • 0 . . ~ • .. • ,I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 6, 2005 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:41 p.m . ••••• Mayor Garrett said our community has lost one of its valuable members ... Dorothy Romans. We ask for your thoughts and prayers for her and her family this evening. 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 Present : Absent : A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garren, Bradshaw, Wolosyn, Woodward None City Manager Scars Assistant City Attorney Reid Assistant City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson. Safety Services Housing Finance Specialist Grimmett, Community Development Community Development Manager Stitt, Community Development Director Gryglewicz, Finance and Admini strative Services Fire Captain Pattarozzi, Safety Services 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE TIIE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2005. Mayor Garren asked if th ere were any comments or corrections . There were none . Vote results: Ayes : Nays: Abstain : Mouo n carried . Council Members Moore, Bradshaw. Garrett, Wolosyn, Woodward. Tomasso None Council Member Barrentine • •••• ' • • Englewood City Council September 6, 2005 Page 2 Mayor Garrett moved Agenda Items 8 (b) and 8 (c) forward . • • 0 0 8 (b) A proclamation declaring September 2005 as "Pain Awareness Month" in the City of Englewood was considered. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2005 AS "PAIN AWARENESS MONTH" IN THE CITY OF ENGLEWOOD. Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett and Council Member Moore presented the proclamation to CJ Cullinan. 8 (c) A Proclamation declaring September 2005 as "Keep Englewood Beautiful" month was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2005 AS "KEEP ENGLEWOOD BEAUTIFUL" MONTH. Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett presented the proclamation to Mr. Woodward. Mr. Woodward said I just wanted to mention that we had our 5K run this past weekend . It was successful again this year ... more successful than last year. We had approximately 107 runners and we were able to raise more money toward some of the things that wc would like to do in environmental educational type events with Englewood Schools. On September 10'" we will be having our first of the year Household Hazard Materials Roundup at the Scrviccntcr. This will include computers, printers, cell phones and electronic devices among other things such as mercury, paint, etc . Thank you. Mayor Garrett thanked Mr. Woodward . 6. Recognition or Scheduled Public Comment (a) Serafin Garcia, landlord for the property at 2893 south Broadway, said my wife, Terry Rinaldo and Grant from the Magnet Inn , and Yirgu from M D Liquors are with me. They arc both tenants in the buildings we own there. We are here because of a problem that they are having with a tree . I believe that Terry's daughter has written to the Planning Department and got a response that nothing could be done about the possibility of removing that tree, which is obstructing two awnings that are right in that location . We have some pictures that will better give the details, just for the record . That tree, I believe, was planted there around 5 or 7 years ago when the beautification program was brought up for Englewood . The two awnings, that are there presently, were partially paid for with the same funds from the Ci ty or the Beautificati on Planning Board or whatever it is. So, we have a situation today that, while the awnings helped a lot, the o bstruction is also caused by the City. And we arc here to sec what can be done about removing that tree from there . I believe that Terry or both of the tenants will have some words to say about the matter. Mayo r Garrett asked if he had anything else. Mr. Garcia said no , unless you have some questions that I have to answer . Mr. Garren sai d what we will do is we will tum this over to Public Works, Ladd in traffic, and the City Mana,cr and he wi ll gel a report back 10 City Council on the si tuation so we can better understand and wc will be in contact with you. Mr. Garcia ,aid th e reason I am really here. I happened to talk to someone ... I don't know 1f it w the Planning Department or where , but the conversation went absolutely nowhere . I got the impression after talking with hi m t ill tht co mmunity had 10 vote o n it. So, jokingly I tell myself, as a community we have to vote on mak1n1 a dee, IOl'I on iree ' ... • • Englewood City Council September 6, 2005 PageJ ·• • Mr . Garrett said we will get a report back from Public Works, bct:ause we have heard your concern, we will get some information from the department, because we need to hear from them and what they have to say and then we will contact you and let you know what is going on. Mr . Garcia said thank you. I believe that some people here have something to say about it and maybe they will give you a little more information . Mayor Garrett said it will be in the next portion. They have signed up to speak in the next session, so we will hear them in a second . Thank you very much . 7 . Recopltioo of Umcbeduled Public Comment Todd Erickson, 4175 South Lipan Street. said I have been a resident of Englewood for the past eight years and the Denver metro area for about 34 years. I would like to state that if you would like to listen to the comments of the people involved with the gentleman that you just heard from first to keep the continuity of the discussion, we would be willing to wait until that discussion is over. Mayor Garrett said it is your choice ... you were the first to sig ; up so you can make the choice. Mr. Erickson said I think it might help you to have the discussion continued rather than break it up into two separate items, so we will be glad to wait until they arc finished. Mayor Garrett said thank you sir, we will come back to you . (a) Clifton Sizemore. 6831 South Downing Circle in Centennial, said we don't want to ".lestroy that tree ... it is a beautiful tree. My wife and I arc more than willing to take and put a planter out there, we will pay for it, we will maintain it, we will do anything, but it is just that if you are going north on Broadway, you cannot sec our place of business and it docs hurt us . I have had friends that I've told where we are located at and they come down and they can't sec it and they go home and the next day I sec them and they say well we couldn't find the place. It is just a tree and I don't want to kill the tree, don't get me wrong, it is a beautiful tree ... it really is. I sec what the City of Englewood is doing, but the thing is. I don't think the City of Englewood wants to hurt my business. I really don't. We pay our taxes and everything and I would just like the tree to be removed and put something out there that doesn't hide my business . That's all. I thank you very much for your time. Mr. Sizemore thanked Mr. Erickson. Mayor Garrett said thank you very much. (b) Todd Erickson said thank you for the opportunity to speak to you today. On my right is Shirley Friend. she is a business owner in the City of Englewood . She is in the Hawthorne Botanical building on South Broadway. Shirley has asked me to speak for her today because she is quite shy and gets very flustered when talking in public . I have been her attorney in the past and my wife is also one of her clients. Today I am speaking not as her att orney, but as a friend and someone worried about her business. Shirley has been a business owner in the City of Englewood for the past six and a half years . She does reflexology and body work in the Hawthorne Botanical building. And right no w she has a problem and she is looking for your help . A few weeks ago Shirley was visited by a detective fro m Englewood asking for her Massage Therapy License, which she did not have. She does not consider herself a massage therapi st and was quite concerned when the detective visited her . Upon understanding that she may be in violati o n o f the Code. she hired me to help her get the licensing requirements and meet the City Code. Shirley does reilexology and body work. which, if you are not familiar with it , which I was not, is the practice of moving muscles bac k int o pla ce wh e n they have come unaligned ... as opposed to massage therapists who work with the muscles th e mse lves. The training for massage therapists and the training for rcflexologists and body workers arc completely diffe rent . They don 't go to the same schools, they don't talk the same language and there is not a lot of interaction ... I mean it is two separate professions. Anyway, once Shirley found out that she was possibly in violation of the Code, she stan ~d the process to become licensed in Englewood . For the past six and one half years Shirley has not only been a busi ne ss owner here in Englewood, but has been a very valuable member of the business community. She is a member o f th e Chamber of Commerce. She has received awards from the Chamber of Commerce and as we were walking aro und waiting for the meeting to start, she mentioned that the Council room, where you were holding the Study Group ea rh er ... she didn't know how many times she had been in there doing charity and Chamber of Commerce events for free . She ha s wo rked with many charities in Englewood, including events at the Malley Center. the Recreation Center and here in the City building. She moved into Englewood as a business person in 1999, felt very welcome and accepted and ha s do ne as much as she can to become part of the community . She donates a great amount of time to Inter Faith Communit y Services, local sc hools and the Yaffe House . which is a place for family members to stay while other family me mbers are in St. Anth o ny Hospital. She has also been involved in fund raisers for the Chamber, the Englewood . .. .. • • Englewood City CouncU September 6, 200S Page4 Education Foundation, Inter Faith Community Services and the Veterinary Referral Services ... a building over by the Sports Authority building. Shirley estimates that about 50% of her clients live and work in Englewood and this include a n umber of City employees ... she knows a number of them at all levels of the City government. What Shirley is uking for is not a license to practice in Englewood, what she is asking for is a resolution that would allow her time to come within the City Code and continue her business in Englewood and continue serving her clients in the City of Englewood. She has spent approximately $8,000.00 on her education, has between 3000 and 4500 hours of experience and education. Unfortunately the education she has received has been from massaac seachers who are noc acm:diled by the City or accredited by the State, because they are not massage therapy teachers, they are reflexolosy and body work teachers. So, she is caught in the middle and she would like to stay in Englewood. She would lib to conlinuc her business. She would like to come into compliance with the Code . She is very apo'°1e1ic thal this situation has come up. She wants to remain in Englewood as a valuable member of the community, bul she doca need a linle time to come into compliance with. the City Code. What she asks for is a waiver of the business licenle requirement for six -"s, so that she can get the necessary accredited education and continue in Englewood. She is now available for any questions you may have. Mayor Garrett said thank you very much. Generally this is the portion where -liltcn to what people are telling III and asking us. If, during Council Members Choice, one of the Council Members has anythins they need to comment on. they will. Just so I understand, what you are saying is you would like a waiver for a six month period and II thal point in time all the applicable provisions of our City Code would be followed, is that correct? Mr . Erickson said yes. Mayor Garrell said thank you very much, that is what we needed to know. 8. Communications, Procla-tlons aad Appolllt ..... (a) considered. A letter from Pamala Sampson announcin1 her raisnation from the Election Commis&ioa waa COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDID, TO ACCEPT THE LETnll 1''ROM PAMALA SAMPSON ANNOUNCING HEil RESIGNATION FIIOM THE ELECTION COMMISSION. Mayor Garrett asked if there was any comment. There was none. Vote results: Ayes: Council Members Barrentine. Moore . Bradlhaw. Garren. Wok>aya. Woodward, TOIIIISIO Nays : None Motion carried. (b) This Agenda hem was moved forward . (Sec pe,e 2 .) (c) This Agenda hem was moved forward . !Sec pa,e 2.J 9 . Consent Aacnda (a) Approval of Ordinances on Firs! RQll1n1 T here were no additional items s ubmitted for approval on f1f$1 radult · (See A.-. Ilea 11.) COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDID. TO APl'llOVS CONIKNT AGENDA ITEM t (II) (I). (b) Approval of Ordinances on Second Readult (1) OROIN ENO 40. SERIES OF~ I U.IU , INTaODUCEI) BY COU ' IL MEMBER BRADSHAW ) t • • Enakwood City CouncU September 6, 2005 Page 5 (_J AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANf FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE. Vote results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried. (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11.) 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Housing Finance Specialist Grimmett presented a m:ommendabon from die Community Development Department to adopt a Bill for an Ordinance approving the rcdempcioa ad subeequetll sale or 4165 Soulh Washington Street, a single family home, which was acquired through the foreclolure proce1&. SIie said I am here this evening to request Council's approval of a foreclosure redemption that we had acco,mpblhed ..._•~and subsequently, approval of the sale of that propcny to a first time home buyer or al lall • owar-«eupied ~wner. so that we can redeem the cost that we have put into the foreclosure and be able IO pul ii bad UIIO die Rdlab Enlcrprise Fund. The foreclosure was a typical one that we have been facing . This panlCll.lar foredo,urc. as JIIA bu die oda three or four that we have had this year, and this is just the last. I am hopin& !hat -WIU DOC be before you apin. but we may be, given the way things are going. So, we arc requesting approval or lht foreclolure Mayor Garrett asked if there were any questions for Ms. Grimmett. There -.,. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDm. 10 APl'aOVE CONSENT AGENDA ITEM 11 (a) (I). COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTI REHABILITATION PROPERTY LOCATED AT 4165 SOU1H W ENGLEWOOD, COLORADO. AL£ OF A HOU ING STREET IN THE CITY OF Council Member Woodward said do we break even then? As I undenwld 11. die property under conlrllCt for sale no w. Ms . Grimmett said no, not this particular one that we have rcdenned Tllffl: arc ao corllnCU. We have just taken possession of the house. We had to post a notice for evicbOll ..t. • fact. lOdlr I had a noCJCC that I'm not so sure that the prior owner completely has all of their items OUI . So. the f,na i1ep 1h11 C~il approve IO acll by ordinance and then we will be getting in there to assess rehab, after the ordt11a11a, appro,cd Oft final readina . Then we will ao ahead and pul it up for sa le and take any offers. Mr . Woodward said okay. And I do see that the propcrt said yes, owner-occ upied . Mr. Wood111'Vd Mtd ,,-. Mayo r Garrett asked if there were ID} odltr (!Ublk soa pm111t o•-ner-occupied party . Ms. Grimmett t ... .. • • Englewood City Council September 6, 2005 Page6 Vote results: Ayes: Nays: Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 31, an Intergovernmental Agreement with Arapahoe County to usc Open Space Grant Funding for constructing improvements to the Mary Carter Greenway was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 11 (b) (0· ORDINANCE NO. 41, SERIES OF 2005. ORDINANCE NO . 41, SERIES OF 2005 (COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER BRADSHAW) A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE MARY CARTER GREENWAY EXPANSION AND BUFFER. Mayor Garrett asked if there were any comments or questions. There were none . Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (c) Resolutions and Motions (i) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to approve a resolution amending Resolutions 47 and 75, Series of 2005, to authorize the loan funds to be used for the purpose of funding the redemption and the associated costs of foreclosed Englewood Housing Rehabilitation Enterprise Fund properties. She said I am here this evening to try to correct some language that was in some prior motions that we had involving, specifically, approval to apply for two loans ... one from Mile High Housing Funds and one from Colonial Bank. In each of those resolutions the way the language was interpreted by the Accounting Department, it allowed us to solely usc the funds only for the redemption costs and not for reimbursing any o ther costs that might be associated with the redemption ... as I stated before, possible eviction or any of the rehabilitation and it also did not allow us to reimburse ourselves for some of those past expenses that we had on the pri or foreclosu re s that we had earlier in the year. So this particular resolution just corrects the language so that those fund s can be used to cover the foreclosure costs and reimburse us for the past ones. Mayor Garrett asked if there were any questions for Ms. Grimmett. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 11 (c) (I) RESOLUTION NO. 76, SERIES OF2005. RESOLUTION NO. 76, SERIES OF 2005 A RESOLUTION AMENDING THE LANGUAGE OF RESOLUTIONS NO. 47 AND NO. 75 SERIES OF 2005 BY CLARIFYING THE USE OF THE FUNDS AUTHORIZED FOR THE PURPOSE OF FUNDING THE REDEMPTION OF FORECLOSED ENGLEWOOD HOUSING REHABILITATION ENTERPRISE FUND PROPERTIES . Mayo r Garrett asked if there was any discussion or comments. There was none . ' ... .. .. • • Enclewood City Council September 6, 2005 Page7 Vote results: Ayes : Nays : Motion carried. 12 . General Discussion (a) Mayor's Choice Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I want to thank Fire, Police and the Hazmat Team for respondin1 to a spill in the alleyway between Pearl and Washington in the 4200 block and then to thank Public Works for going out there and scraping that . While it wasn't identified as hazardous , I did, before I left on my vacation, take a trip down that alley and it was extremely bad . So, I appreciate that Public Works went out there and scraped so they could get rid of that smell. 2. She said I did have some questions about what you are facing for your business at Hawthorne Botanical. If I could ask, what is necessary for you to come into compliance ... what arc you looking to accomplish in the next six months? Ms . Friend said I can take a course that would take me four to six months to complete this and it is a Stale accredited school. Ms. Barrentine said okay. What is it about the requirement that you are not matching up with? Ms . Friend said the classes that I have taken were not taught by State accredited teachers . Ms . Barrentine said for massage therapy, but you have some kind of registration or license or certification for reflexology then? Ms . Friend said no, but I have been taking classes for eleven years . Council Member Moore said is there a license that the instructors have that recognizes reflexology? Ms. Friend said they arc certified by the schools that they teach for ... one owns her own school . The other one is a school out of California . Ms. Barrentine ,~id okay, so it is not the money for the license , you would actually have to now go out and get trained as a massage therapist in order to get licensed in Englewood to do reflexology? Ms . Friend said right, yes . Ms . Barrentine sa id for what you have been doing for this entire time? Have you done that for the entire time in that busi ness'! Ms. Friend said the reflexology? Yes . Council Member Bradshaw said she was previously at Broadway Hair Company . Ms. Friend said yes, which is across fr om Flood Middle School. Council Member Woodward said is thi s full time, the reflexology , is that a full time profession right now? Ms . Friend said yes sir. He said and your business premises, is that something that you own or that you rent? Ms . Friend said I rent . Mr. Woodward said okay . Ms. Barrentine said I have a concern that if they are very separate profcuions, then were you not able to make what you believed was a good enough case that this was not massage therapy? Ms. Friend uid I just felt it would be easier to co mply with City Code ... if I am given the six months . But , Mr . Erickson said, the City Code has a very broad definition of I massaac therapist. Anybody who usa lheir hand s to manipulate muscles on a person is considered I musaac therapist, even thou&h the trainina for I musaae therapist and for a reflcxologist and body worker are completely diffcmit. It is possible that she fits under the r.wsaac therap y definition and that is why she is seeking the license now, so there is no question. ' .. • • Englewood City Council September 6, 2005 Page8 D. Ms. . .Tentine said well then is it possible that we could amend the definition of massage therapy enough to include reflexology, so that she wouldn't have to become a massage therapist in order to become a reflcxologist? Mr. Erickson said the problem is that the reflexology teachers that she studied under are not State accredited for massage therapy, because, again, they are two separate types of body work. So, even if the reflexology that she does fits in the definition, she would still have to find accredited teachers that are State accredited. The State does not accredit reflexology teachers ... the State accredits massage therapists. Ms . Barrentine said so accredited reflexology teachers do not exist? Mr. Erickson said cxactly ... Statc accredited. They are accredited from the schools that they teach for and the type of reflexology that they do, but they are not recognized by the State as massage therapist teachers. Mr . Woodward said so you are coming to us to be in compliance, not because there was a complaint filed or somebody has come to you and said you were not licensed or anything like that? Mr. Erickson said no ... actually, she had an incident with a customer who was not happy with her. The customer contacted, I believe, it was licensing, a detective came out and talked to Ms . Friend and told her she was not in compliance. Mr . Woodward said okay. Mr. Erickson said so then she started the process to become licensed. Mr . Woodward said okay and approximately, during a week or a month. how many clients do you have? Ms. Friend said I generally sec between IS and 25 people a week . Mr. Woodward said okay. Ms. Barrentine said may I ask what the nature of the complaint was? Ms. Friend said she told me I had made her sick and she waited four months before she came in. Ms. Bradshaw said that's confidentiality, is it? Ms . Friend said well it may be. Mr . Erickson no, as long as the name is not disclosed. Beth Minnick said I own Hawthorne Botanical Company and Shirley has been renting space from me . The woman in question had called me ... after several times on the phone .. .I finally reached this woman on the phone and to be real honest, I didn't know what she was upset about, because at one point in the conversation it was part of my staff and it son of kind of.filtered through . Ms . Barrentine said how many complaints have you had regarding her business? Ms. Minnick said one, just the one, and Shirley has been with me for three years now and I've never had a complaint ... only wonderful kudos. Mr. Woodward said but you have worked six and a half years in Englewood? Mr. Erickson said yes, that is right If I may interrupt with a penonal note. my wife has seen Shirley for two years and my wife suffers from daily migraines. She has been in the ho5pital a number of times because of them. Since she has started with Shirley. and my wife has seen many massage therapists, bul since she has seen Shirley, she is the only person that has helped my wife with her migraines. Mr. Woodward said so reflexology is mainly working with pain management. is that correct? Ms . Friend said it is good fo r man y things ... relaxation is another important piece of reflexology. Council Member Wolosyn said I would just like some information from staff on what other municipalities, or the State in general, does with reflexology. Obviously, there are reflexologists throughout the State. That would help me. Maybe that could be a Council request. City Manager Sears said Frank Gryglcwicz is here. Ms . Barrentine said I agree. I would like some additional information, but I also would not like to sec us try to push people ... put square pegs into round holes. If you really are not a massage therapist, then we need to try to sec how we could work with that. wi thout getting you licensed in an addilional profession, that you have no illlefal and !hen aoing back and doing refle xology. Because, our license really doesn't cover that. wun't intended to ... ifthat is the cuc ... and 11 1s Just kind of silliness. So, maybe there arc a couple of different ways we could look at this. but we could certainly adJust it . Ms. Friend said there arc other types of body v.ork that don't fall into thi cateaory and it would be peat for those people if they could be hcensed. -.. • • --- Englewood City CouncU September 6, 2005 Page9 0 . Mr. Bradshaw said I also think it was a broad brush that we painted when we had the inundation of all the massage parlors in Englewood in the 1980' s and they were doing other things than massage. So, we painted this broad brush of legislation and I think it is time to revisit that and look at it again. Ms . Barrentine said nobody could have known, at that time, how popular massage therapy and a lot of alternative medicine, acupuncture and things, would become. And they are, as I understand . Thanks for the information. Mr. Woodward said do you have an order currently to stop doin1 what you are doing? Mr. Erickson said yes. Ms . Bradshaw said so you cannot work? Mr. Erickson said that is concct. If she works, she is in violation of City Code. Ms. Bradshaw said I think that is unconscionable, you guys. I think we need to do something about that. Mr. Woodward said I would propose that until we have some feedback from the Council Request that we allow her to continue working at her profession. Ms. Barrentine said I think that would be a good compromise. Mayor Garrell said I think our City Attorney would like to comment. Assistant City Attorney Reid said the problem is that in our ordinances, we don't have any provisions for waiving the ordinance. We don't have any provisions for temporary licensing of any sort and any proposal, such as you have suggested, would have to be addressed in Council with an ordinance to make a special exception for this person to excuse them from the requirements of the ordinance, which everyone else in the world is required to comply with . So, it would be a special legislation for this particular person. which would have to go by ordinance. I would like to note, as part of this, that this has been going on for awhile ... Ms. Friend first came to us seven years ago ... she has had seven years so far to do this .. .l'm not sure that two more months is going to make that much difference about your concerns. And I understand your concerns, but it is going to have to be addressed and your short term Council Request may be able to be addressed as part of that. Director Gryglewicz said I did provide Council with a chronology and background information. I think Ms. Friend first applied seven years ago and knew she couldn't comply at that time. We didn't even know she existed out there until the complaint came up . Mr. Erickson said may I address that? Ms . Friend did not apply seven years ago. She got information aboUI doing business in Englewood, did not feel that she fit the definition of a massage therapist, because she did not do massage therapy work, she did not go to massage therapy school and none of her instructors were massage therapists. Like you said, it was a square peg in a round hole situation, we believe, and until the detective visiled her, she did not believe that she was doing massage therapy work . · Ms. Barrentine said I ha ve to admit that, we have had another case, at least since I've been here, that was addressing this and was not want ing 10 be included. If there is a definition concern and she doesn't fit, as a reflexologist. intO what we are doing, then she wouldn't need to be in compliance. So , I'm not quite sure that we don't have some other options to take a look at it. Mayor Garrett said I think we looked at the State standard as something we can look to, to say look, this is how we know somebody has done what they need to do in order to do a certain type of profession. We have evolved .. .! don't know whether Statutes. or whatever, define what educational requirements are needed to perform this service and the type of things you have to do, versus acupuncture and some other things, and that is just something I think we have to explore. Ms . Barrentine said no, and I totally agree afier having set on the State Licensing, I totally agree with you, but since what we are ques tioning is whether she even falls within the definition or not and somebody who has been doing bu si ness in the City for as long as she has ... I 'm not so sure that we need all that process in order to allow her to coniinue to do business, while we decide whether she even falls within the definition. Assistant City Attorney Reid said the licensing officer has made the determination that she falls within the definition and as Be said earher, it i a pretty broad definition. But that aeu back to, I am sure. that we will be able to give you the information as a result of the short term request. t • • - Englewood City Council September 6, 2005 Page 10 0 Ms. Bradshaw said so what you arc saying is that, legally, we cannot allow her to work. Ms. Reid said you cannot waive the requirements of the licensing ordinance without an ordinance. Ms. Bradshaw said well two months is a lot better than six months as far as somebody 's employment, but...because I was ready to move to suspend the requirements .. .I can move it, but it won't do any good? Ms. Reid said I would not recommend it, as your legal counsel , because it is not the way you make exceptions to the ordinances. In order to change an ordinance you have to do it by legislation. Ms . Barrentine said I am not talking about changing the ordinance [ am talking about deciding whether somebody fits within an ordinance that we've already got, which is in question. While I understand that the licensing officer made a determination at that time, it obviously wasn't something that they had gone out and determined within all that period either. So, it is up to us to come up with those definitions as to whether somebody falls within that as well and what we meant by the ordinance . Mayor Garrett said let me ask a question. If the licensing officer makes a decision, what is the next appeal right of a person who has been denied a license? Ms. Reid said I am not up on that right now ... Mr . Gryglcwicz do you know that? She said I can look it up. It will take me about five minutes. Mr . Gryglcwicz said my understanding of reflexology is it fell within the definition of the massage therapist and she did not have the required SOO hours and the certificate. She was denied the license and we use that to protect the public . So wc arc fairly strict about it, because there has been a history of abuses of people doing massage. They, at times, were doing other things, so we arc fairly strict on it. I think it has served the City well . We haven't had a lot of problems here, because we arc very strict. Ms . Barrentine said well Frank, in all fairness and it has been mentioned several times in beating around the bush, that the ordinance wasn't originally put in to make sure that we had the absolute highest quality massage therapists available in the City . It was to make sure that we didn 't have people sleeping with their clients for money . So I think that that is part of what we were ... Mr . Gryglcwicz said actually we wanted to make sure that they had some form of qualification and the qualifications we have arc not super rigid . I mean they require a certificate and SOO hours of classroom instruction, and wc have insurance requirements and some of the other issues that, I ~ink have as I said, served the City well . Ms. Barrentine said we have different insurance requirements for massage therapists? Mr . Gryglcwicz said yes, we have insurance requirements for massage therapists. Ms. Barrentine said different than what wc have for business owners? Mr. Gryglcwicz said we don 't have any in particular for business owners. Mr. Erickso n sa id if I may say, the insurance requirement is a general liability policy of at least $1,000,000.00. Ms. Reid said if I ma y ... 5-l -9D -Pro vide s for an Appeal : "An y license holder aggrieved by a final decision of a Licensi ng Office r shall have the right to appeal to an independent hearing officer appointed by the City. A written appeal mu st be fil ed wi th the C ity Manage r within ten (10) days o f the final decision by the Licensing Officer." She said I don't know whe n your fi nal dec isio n was Frank . Ms . Bradshaw sa id but she is no t a li cense ho lder. Ms. Reid said that is true ... that is a good point, but there is no other de terminati o n that I can find ri ght off about what happens if you deny the license . Ms. Barr e nt ine said 1 do n't want 10 skirt the law and I know that she doesn 't either. [ also feel just absolutely heart sick to fo rce so mebody into a position where they have got to go to school and not work during that period of time. Council Member Wo losyn said I think if we look and find out what other places do in regard to reflexology, wc IDllY be ab le to mo ve thi s alo ng mo re quickly . Ms. Bradshaw said th at is what I said earlier ... that two months of o rdinance time, 60 days, is a lot different than 180 days, but it sti ll is n 't acco mpli shing what my goal was . Mayor Garren as ked if there we re any more comments. Council Me mber Moore said even if we proceed to review our definition of massaac tbcrapy and how broad it is , that itse lf ta kes time, so I guess I wi ll put o n the table the quic kest, from what I am hcarina. the absolute quickest way for • • Englewood City Council September 6, 2005 Page 11 her to continue in business, is still proceeding with an ordinance ... basically an ordinance that grants an exception , because every other path, including redoing our definition, takes more time. Ms. Bradshaw said it took us 18 months to put the current massage issuc ... thal whole title, in place. It took 18 months when we did ii the first time rnd that was a broad brush. I think it needs 10 be changed. I think it needs judicious study. Mr. Moore said can wc do an ordinance that grants us some discretionary authority on a temporary basis, so that it is not this one case? I mean, if we want to look at three or four of these, as needed, we wo uld have the option to do it. M s. Barrentine said so we could do something, as these come up, and I know certainly when I sat on the Nuning Board there were a lot of people who felt that they wcren 't involved in that licensing, so I understand what you arc talking about with this, so wc could give them some period of time until that decision is made. Isn't there any vehicle that we could use for that? Ms. Reid said not at this lime. Council Member Tomasso said what happens is, if you apply for a license and you arc denied the license, there is no appeal process? Ms. Reid said I would have to do some research, but my gut reaction would be that this appeal would be for someone who is denied a final decision by the Licensing Official and his final decision was that she didn't have a license and she didn't qualify to get a license ... that she didn't have the education or the other requirements to get a license. So I would say that that applies to her as part of the appeal process ... that that would apply 10 her, but I have not done the research on it. And this has not come up before. Mr. Moore said if I may add , the problem here is not that there is an appeal. The law is doing exactly what ii was intended to do. I am hard pressed to believe that you can read this definition and ever conclude that this is permissible. This was a broad stroke and it did its job. So setting the appeals process here isn't going to help us . We, the Council, wrote it 10 prevent this. Ms. Barrentine said but in all fairness it fits under there. I just had my nails done and what they did, when they put lotion on my hands, they rubbed my arms and stuff, and that fits under that definition as well. So, I think, depending on the time and circumstances when people go in there, they can interpret it how they want. Mr. Moore said fingernails arc not soft tissue, I don't think . Ms. Barrentine said no, but my hands, they arcn 't real soft because I have worked out and when I had a pedicure, they still massaged part of my legs and my feet . When they did all that stuff and I read that definition ... it fit s within there and they did a really good job. Mr. Erickson said there is a part of the ordinance that states there arc some exceptions and I believe a cosmetologist is included in that. so there were certain professions that the Council understood did massage as part of their service ... hairdressers, cosmeto lo gi sts, and trainers for professional teams. So there were some exceptions made . Mr. Erickson said, technicall y, if yo u read the law, it says you arc not allowed to perform a mas sage . I can 't go home and give my wife a massage, technicall y. that is what the law says. It doesn't say for money. It says massage . Mayor Garrell asked if there was a nything e lse. Ms. Bradshaw sai d I want 10 hear more a bout where Mr. Moore was headed . Or do we want lO get in the business o f making except ions? T hal is ano ther thing for a Council 10 look at . • Mr . Moore said I would like to s uggcs t. .. you could relate this to more of a moratorium context. Pan of this is lets buy us some t ime ... the first s tep is to buy us some time to study the issue. The second step is probably, in my mind, a solut io n that e ither tries 10 mode rnize the de finition a linlc bit o r maybe builds in a linlc more administrative process that has some Oexi b ih1 y. but I d o n 't think we c an do it as o ne step unless we arc willing 10 take the lime lO do it. Mayor Garrell said we ll o ur Study Sessio n o n Scp1ember 19• is 10 discuss proposed code chanaes for miscellaneous licenses. Wo uld that be a ppropriate, maybe? Mr. Moore said what is the quickest we can get this o n a Council aae nda if we cholc 10? Mr. Garrea said Sepeanber 19• wo uld be the first t ime we could pass anything. Mr . Moore said so what do we .-1 ... for l)Ollina req~n&s or anything like 1ha1'? Mr. Garrell said I think Counc il , a t least from my penpecli ve. would like 10 have the informaaion ' • • Enalewood City Coundl September 6, 2005 Page 12 that Council has requested, particularly what other jurisdictions in the area do, so that would depend on how quickly staff could pull that information, whether they could make it for this Thursdays packet or not. Ms. Bradshaw said you know this might be the only City that this issue has come up in. Mr. Moore said in fact, maybe to the extent that there is additional info1 u ition that you can help us with in terms of some of your connections about how other practitionen have dealt with these problems, that would maybe help speed the process. Mr . Erickson said absolutely. Mayor Garrett said if possible, whatever information you have, if you could have it by Wednesday at close of business to the City Manager's Office, because we have packets that go out every Thursday. He said, unfortunately, that is tomorrow. Sorry. we would like to be as quick as we can. Mr. Erickson said that is fine, we will get you as much information as we can. Mr. Garrett said thank you very much. Ms. Barrentine said I am going to have to follow my heart and I am going to go ahead and make a mc.tion. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO EXEMPT REFLEXOLOGY AND PUT A MORATORIUM ON THAT PIECE UNTIL WE COME UP WITH A DEFINITION OF WHETHER THAT FITS UNDER THE MASSAGE ORDINANCE OR NOT. Mayor Garrett asked if there was any discussion. Mr. Moore said I don't know how I can proceed to a vote when I have been told that it is not a legal motion. So I don't even know how to vote yes or no on that. Council Member Wolosyn said I would like to add that we do have a friendly agreement that if we arc going to have something that is a difficult decision, that we put it on the agenda. Mr. Moore said in respect to this case, this is something, I think most of us, if not all, would like to address promptly, so I don't mind the question. 1 just, literally, don't know how to be put in a position of voting on something that our City Auorney is telling us is not even an option. That is my difficulty. I guess I could abstain. I Ms. Barrentine said I have to ask her if she could please verify whether that is legal or not or whether she, I believe she said. it was against her best advise. But I don't think it is something that is out of the purview of Council and I don't think it is illegal. Counci l Member Tomasso said the discussion that I had with Dan last week was that what that would do is it opens up the City to a possible lawsuit if anything was to happen, because we had removed the law. And that was Dan's comment when I talked to Dan last week. Ms . Reid said that is also if you did an ordinance to put a moratorium on it. as we did the moratorium on whatever we did the moratorium on before ... car dealers. And, Ms. Bradshaw said, the housing in northwest Englewood. But, Ms. Reid said. it is my opi ni on that the o nly way to provide an exception to an ordinance that exists is to pass another ordinance doing that exception rather than a motion. Ms . Barrentine said I understand that. My argument is that we have no ordinance covering reflexology and that she doesn't fit under the ordinance, so until we find out whether she fits under the ordinance, that we at least allow the wo man 10 do business. Mayor Garren said we have a motion, we have a second and wme of us arc concerned about how we do this. For those members would you recommend voting no or to abstain? Ms. Reid said I would recommend a no vo&e . Council Member Wolosyn said I would like to call my vo&e . I am aoinl to voce no. I think this is iOIIICChina dlaa can be l"Orked out. but as Council members arc policy mak.cn or law makcn and we have to be rapectable of laws ..t I don't feel, John says. that I have the information to make a decwon and short of abilainiq, I will have to VOie no . Mr . Moore said likewise, as much a I would like to addreu the S1tual.ion. I have to follow the advice and VOie no. ' .. • • En1lewood City Council September 6, 2005 Pa1e 13 0. Ms. Brads hu w sa id I wa s on the Council when we passed that in the 1980's ... the ordinance against massage parlors, because we were being inundated with them . We were being inundated with book stores. We would have hearings with three or four hundred people coming down telling us what a good masseuse these different people were. I know that I did not even think of reflexology. That wasn't part of it. Mayor Garrett said clearly the definition includes it, which means to me, from a legislative perspective, that we have to deal with that issue and we should look at it in a very thoughtful way, but as quickly as possible. I am just reluctant to sort of create blanket exceptions. Ms. Barrentine said I do want to say, I think that there arc times when the City needs to step in ... oot to maJce a decision on thi s , because I don't feel that I am makin1 a decision. I think that I am just voting to allow somebody to continue do ing something that they have done for all this period oftime ... that the City's change include this business in there, the license and definition of what you do. to at least allow you to be able to function and earn a living until we do this and I hope we do it in a timely manner. But I am not making a decision on it, I am just wanting you to be able to continue doing business until we do decide. Mayor Garrett asked if there were any other comments. Co uncil Member Tomasso said I have been lobbied by several other businesses to support Shirley and I feel that having her train for an occ upation that she is not involved in, and to get a license in that occupation, is a questionable standard. And I feel that we have someone that has been in business in the City for seven years and the City has just disco~·crcd her doing business in the City, I think it is a problem that the City has created by not discovering who is doing business in the City ... what is going on in the City. It takes seven years to find a business that is located on Broadway . I think there is a problem thcre ... that part of the responsibility is the City's ... as the City has not discovered what is going on. Mr. Moore said if I may ask. does that mean you are going to vote yes ·? Mr. Tomasso said yes, I am going to vote yes . Mr. Moore said if I may interject, what was the oath I took when I entered office ... loosely, to uphold the laws of the C ity? I don't have a choice on interpretation in this matter and if we, as Council, in the majority, vote yes, we arc not foll o wing the law making process. If, assuming I can rely on the definition provided by Frank, rna:.sage is any method of pressure on or fri ction against, or stroking, kneading, rubbing, tapping, pounding or whatever on the external soft ti ssue of the body with the hands ... this is an ordinance. I have control over my vote. I don't think we have a choice on how to vo te o n thi s. This is o ur ordinance. I agree we can talk about changing this ordinance, but the motion on the ta bl e is to ignore. in effect, to ignore the structure that we operate within. I welcome the Assistant City Attorney to te ll me I am wro ng. but I feel like she is tell ing me exactly that. I don't have an option to press that yes button. It's got nothing to do wi th ho w I feel a bout this. · MS. BARRENTINE SAID I WOULD LIKE TO RF.STATE MY MOTION, AS IT IS NOT THAT WE IGNORE T H E ORDINANCE, BUT THAT SHE DOESN 'T FALL UNDER IT. Mayor Garrett said we ha•c a motion a nd second . Are there any other comments before we vote? There were none . Vote results: Ayes : N ay : Motion defeated. C ouncil Members Barreniinc. Bradshaw, Tomuso C ouncil Members Moore. Garrett. Wolosyn, Woodward May r Garren said tha nk you very muc h. We arc going to continue to explore thi s issue, u we have al l S8ICI we are going 10 do. M . Friend said can we go back to my oriainal q uestion. to &et a resolutJOn pu.sed pvina me 101De tune to set die 500 hours . Mayor Garren said that i someth1n1 we would need IO do by onhnuce and we are P"I to be clitamana dial. Hopefully. we wi ll get some m formatton from you and whal other commwuties are dotna IO we can bell« IIDllll'l&and fr o m 1h1 point on and it wi ll be talked about c uber ne t Mo nday or at leut in two wccb. ' • • Englewood City Council September 6, 2005 Page 14 0. Ms. Friend said docs that mean that I can't work? Mayor Garrett said do it at the risk of not being in compliance with the ordinance. (ii) Council Member Moore said I have one question. There was a fire this weekend at a house near Floyd and Race. I would like to sec if I could find out about response time and then actually follow up on a point that I think Bev raised recently . Which, in light of that response, I would like just a little information about the adequacy of fire coverage in that portion of the City. I presume we have studies that support that wc don't need a station over there, but I would like to sec some of that information, particularly in light of the Denver Seminary Development and the addition of all those bodies. (iii) Council Member Bradshaw said I want to thank Dave Henderson. We went out and looked at the Wolf Camera, because we arc working on the trail. Dave Henderson and Larry Nimmo met me out there to try to figure out how we can construct the bike trail to get it under Broadway, so there is a safe crossing there instead of having people come up to street level . Those guys were extremely responsive and we arc still following up on the big meeting that we had about the properties that arc causing a problem with the South Suburban Park Foundation, so wc arc still pursuing those. But, while wc were doing that, there were some weeds planted ... not weeds, they were volunteer trees, elm trees, that were coming up through the fence and they were pushing people off the sidewalk and out on to Broadway. Dave said he would get those trimmed and I went by that afternoon and they were gone. So the prompt response on the pan of Dave Henderson and Public Works on trimming those volunteering trees was incredible. So, the City can work fast. So just tell those guys thanks. (iv) Council Member Tomasso said I would like to thank the City for putting on a wonderful FunFest. It was a wonderful day and we had the opportunity to watch the race the KEB put on. It was a really fun event. It was a really nice day . Thank you. (v) Council Member Woodward: I . He said I want to second what Bev was talking about with Public Works. My experience with them is their response time is immediate and they usually get things done in a very satisfactory manner . I really appreciate it and I think citizens appreciate it also. 2 . He said the other thing that I would just like to mention was FunFcst was fun up until about 3 o'clock when the rain started coming and the people started leaving. Thank you . (vi) Council Member Wolosyn : I . She sa id I would like to thank Kieth Lockwood and the Fire Department for coming and helping at the SK Ra ce . As I understand it , Anthony . at the last minute. had to get someone there for potential first aid and they were there immediatel y. 1 could tell that the children there enjoyed talking to them and seeing the truck up close and their very warm presence, so thanks tq them . 2. She said I was at a meeting last week, and a citizen who lives by Bates Logan Parle came up and asked me, what are you guys going to do about the fireworks next year. It was unbearable this year. And we had discussed, loose ly, right after Jul y 41h. maybe having a big fine and I think that we need to do somcthina like that. However, is that what we do or something the judge docs'? Fireworks arc illegal and can Council say wc want to have a $1,000.00 fine like Cente nnial docs? I think it would help and I think that we should pursue that. Ass1scant Ci ly Attorney Reid said you can change the ordinance to address that. The judge normally sets the fine on ch ose that don't have it li sted . You could do a fine structure. Catching them, I understand , at least in my neighborhood , see ms to be the major problem . Ms . Wo losyn said well I understand, but I also think that if one person gets a S 1.000.00 fine the word travels and I I.now the 4lh o f July is always a hard night for everyone. Even the person who talked to me spoke hiahly of the police, but I think we do need to have something stronger. I a m open for comments. ' . Reid said chere may already be a fine structure for that ... for tickets. I am llOI sure what there is, but I will check lnlO it. ' • • En&)ewood City Council September 6, 2005 Pase 15 Council Member Bradshaw said my concern is not firecrackers ... lhcsc arc roman candles, 8 inch things that are shooting up in the air and with the fm:, that is what concerns me ... with the weeds and things like we have along the Big Dry Creek. We bad people south of the Creek shooting stuff into the weeds and we were having to put them out from our side . It was absolutely ridiculous . Ms . Wolosyn said I do think the year of the drought, when we put out word in the Citizen that you can't do it and it is dangerous ... well maybe if there were words, you can't do it or you will get a big fine. Maybe people will listen . Ms . Bradshaw said I will give you some addresses to check on . Council Member Woodward said I think the other problem was, it wasn't just the 4• of July or that week. it went on all through July and into August . Ms . Bradshaw said it is still going on in my block. Mayor Garrett said I think you are looking for a recommendation from Safety Services on enforceability and whether they believe a fine sttucturc would have an impact. Ms . Wolosyn said I would like to have a fine sttucturc. Ms . Bradshaw said or after a certain time . 13 . City Manqer'1 Report City Manager Scars did not have any matters to bring before Council . 14. City Attorney's Report Assistant City Attorney Reid did not have any matters to bring before Council. 15 . Adjournment TrMOV~TO~~ n.-..i;,..o,.a,<6pA I" ..,.,c_--='-'1,-=:.>ie.....::..=i:.....::=.::z.:,=:;__.._ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, September 6, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order.fl." tj/ ~- 2. Invocation. ~ 3 . Pledge of Allegiance. ~ 4. Roll Call. tltL r; ~ 5. Consideration of Minutes of Previous Session . (bJhd ~-().-/ a. Minutes from the Regular City Council meeting of August 15, 2005 . ~L -,r r~tA-IN: BNll-NT1JJ/£) 6. Recognition of Scheduled Public Comment. (Pfease limit your presentation to ten minutes.) a. Serafin Garcia, landlord fo r the property at 2893 South Broadway, will be present to address City Council. · 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be contin1,1ed to Gef)eral Discussion.) 4.. e.L/p,nA.J S/UlfatE {y. -fOCPll!l~A.I 8. Communications, Proclamations, and Appointments. ~,(! fJff d 'l-0 b. ~'/-{) C. Leiter from Pamala Sampson announcing her resignation from the Election Commission.~ Proclamation declaring September 2005 as "Pain Awareness Month· in the City of Englewood . ~ Proclamation declaring September 2005 as "Keep Englewood Beautiful• month~ Pl ease note: If you have a disability and n~ auxiliary aids Of services, ~ase notify lhe City of Enlllewood (303-762-2407) al least 48 hours in advance of when services are needed. Thank • t .. • • • Engl ewood City Council Agenda Se ptember 6, 2 005 Page 2 9. Consent Ag enda Items . a . b . Approval of Ordinances on First Reading. Appr~Ordinances on Second Reading i. Council Bill No. 38, accepting a $12 ,500 grant from the State of Colorado. This grant will be used to fund marketing and administration activities for the Arapahoe County Enterprise Zone.~ c. Resolutions and Motions. -e- 10 . Public Hearing Items. (No Public Hearing Scheduled.) ~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . i. o/ft/7-o f:ouncil Bill No. 40 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance approving the redemption and subsequent sale of 4165 South Washington Street, a single family home which was acquired through the foreclosur~roce 1 s~. ~AFF SOURCE: Janet Grimmett, Housing Finance Specialist ~ b . Approval of Ordinances on Second Reading . /r2 .J IL ,. ''/ i. Council Bill No. 31 , Intergovernmental Agreement with Arapahoe County to use U , a -=IF"'-1, O pe n Sp ace rant Funding for constru c ting improvements to the Mary Carter ~7-o G ree nway. c. Resol utions and Motions . ~7hi. ~7-o Recommenda tion from the Co mmun ity D evelopment Department to approve a reso lutio n amen din g Resolution s 47 a_nd 75, Series of 2005, to authorize th e loan funds to be use d for th e purpose o f fund ing the redemption and the associ ated co sts of foreclosed Englewood Ho using Rehabilitation Enterprise Fund P.roperties . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist ~ 12. G e n e ral Discussion : DEFEATED :M S : BARAENTINE, IIRAOSHAW , TOMASSO) ... a. Mayor's Choice . BARRENTINE l«>VED TO EXEWT AEFlaOLOOV AND PUT,. MORATORIUM ON TMAT PIECE UNTl. WE COME Wt WITH A b . Council Members' Choice. • DEFINITION 0, WHEn£A TMAT FITS UNDER TMAT MANAGE ORDINANCE 0A NOT: NOT TMAT WE IGNORE 1ltE OAD1NANCE. BUT TMAT SHE DOESN'T FALL UND5A IT. Pl ease note : If you have a disability and need auxiliary aids°' services, pie-notify the City of Englewood (3 03-7 6 2-2407) al least 48 hours in advance of when services are needed. Turi you . .,. • • Engl ewood City Council Agenda September 6, 2005 Page 3 13 . City Manager's Report. 14. City Attorney's Report. 15. Adjournment. 7:'f(, ~ The following minutes were transmitted to City Council from August 12 to September 1, 2005: • Board of Adjustment and Appeals meeting of July 13, 2005. • Code Enforcement Advisory Committee meeting of July 20, 2005. • Non-Emergency Pension Board meeting of May 10, 2005. • Parks and Recreation Commission meeting of July 14, 2005. • Englewood Public Library meeting of July 12, 2005 . • Transportation Advisory Committee meeting of July 14, 2005. Please note: If you have a disability and need auxibry aids or services, pleue notify lhe City ol Entlewood (3 03 -7 62 -2 407) at least 48 hours in advmce of when services are needed. Thank Poem For The Living When I am dead, cry for me a little. Think of me sometimes, but not too much. It is not good for you or your wife or your husband or J'OUr children To allow J'OUr thoughts to dwell too long on the dead. . TJ,ink of me now and again as I was in life At some moment which it is pleasant to recall, but not for long. Lea,·e me in peace a.~ I sl,all lea,·e .rou too, in peace. While .rou lb•e, let your thoughts be with the living. An-angcme ,us entrusted 10 Olinger C,o,.·n Hill Mortuary ,..,,.ec1.111lH • .. . \ • , . ' \, • . .. t ! •.: ... . i .:.., ... ' • • • 23rd Psalm The Lord is 111y sl,ep/1erd; I s/1nll 110/ want. He mnketh n,e to lie down in gree n pastures; He /eade/1, me be side th e still waters. He re store th my sou /; He leadet /1 me in the pat/1s of righteousne ss for His 11n111 e's sake. Yen, tl1011gl1 I walk thr o11g l, 11,e valley of th e slrndm v of den/Ir , I will fear 110 et•il; for T/1011 art wit/r me; TI,y rod nm/ Tiry staff /1,ey co mfort me; Thou prepares / r, tr,b/c befo re me in the prese 11 cc of min e e11e 111i es; 11,011 anoi11t es t 111y /1 ead wit!, oi l, "'!I CII /' n11111et/1 over. Surely good11r ss 11111/ mercy s/,all follow 111e all tire day s of my /if~; n111/ I will 1h1•ell i11 tlrl' lw11 sc of t/1 r Lord fon·Pcr. . "' 1 r'"' In Loving Memory Of Dorothy A. Romans Entered lnlO life March 9, 1921 Longmont, Co lorado Entered Eternal life September I , 2005 Englewood, Colorado Funeral S11n•ius Olinger Rose Arbor Chapel Tuesday. September 6, 2005 Ten O'clock in the Morning ' Officiant Chaplain Melinda Smith /llusic "In the Garden·· Bagpip<'S e il Gillette Ento•bnunr Good Shepherd Mausoleum Olinger Crown Hill Ccmetcl) • .. \, • ' .. • • ( ( ( ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Replar Session August IS, 2005 I. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett al 7:34 p.m. 2 . Invocation The invocation was given by Mayor Garrett. The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCaU Present : Absent: A quorum was present. Also present: Council Members Tomasso. Moore, Garren, Bradshaw, Wolosyn, Woodward Council Member Barrentine City Manager Scars City Attorney Brotzman Assistant City Manager Flabcrty City Clerk Ellis Deputy City Clerk Bush Police Division Chief Vandcrmee, Safety Services Police Lieutenant Sanchez, Safety Services Fire Division Chief Lockwood , Safety Services Senior Planner Graham, Community Development Director Gryglewicz, Finance and Admi niS1rati ve Services Housing Finance Specialist Grimmett, Community Development Director Kahm, Public Works Recreation Manager Hultberg , Parks and Recreation 5 . Consideration or Minutes or Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 1 , '2805. Mayor Garrett asked if there were any comments or corrections. There were none . Vote results: Ayes: Nays : Absent : Motion carried . 6. There were no heduled ,., nor . Council Members Moore, Bradshaw . Garrett, WolosY9 . Wood_.d, Tomasso None Council Member Barrentine t • • Englewood City Council August 15, 2005 Pagel 7 . Recognition of Unscheduled Public Comment (a) Richard Raymond, formerly of 4644 South Lincoln Avenue, said first of all I want to apologize for my emotional outbreak two week ago. I guess I'm not really good at biting my tongue. I won't apologize for what l said and there will be no embellishment of what I said , because all of that is uuc. I don't lie, I don't cheat, I don't steal. and I don't do drugs or alcohol. As a matter of fact, I have been substance free for 12 years, as of the 19th of this month . I told you last week I was born a drunk . I think the earliest I remember drinking booze I was three years old. I know what alcohol is and I'm repulsed by alcoholics and drunks. When Sergeant Watson was arresting me and manhandling me, after he leaned over and told me that he was going to get me ... he got me this time . Even another officer was standing there looking at him like what arc you doing ... the guy fully submitted. Even a junior officer saw that in his eyes. I want a writ of replcvin on my furniture that was stolen from my house after this incident happened. I think that should go to show that Division Chief Vandcrmcc didn't investigate this case whatsoever. My stuff was blatantly stolen . While I was sitting there, after I filed this investigation ... as I said, I don't know how much I was ranting at this timc ... but Division Chief Vandcrmcc made it very clear that he sicked his dogs on me, to have me arrested that day . That is exactly why J wasn't read my rights, that is exactly why I wasn't investigated. Not one word was asked of me other than to shut my mouth. They didn't ask another person that was standing right there. They wouldn't interview her and the girl that called in got thrown out of Stella's Bar on Broadway at 2 o 'clock in the morning in a blackout. .. str.;;:-ragc dnmlc . That is the girl the police took the report from . So, I guess the bottom line is Thomas Vandcrmec threatened me in his office and he threatened me in front of a Sergeant, he arrested me under Probable Cause based on the word of a drunk. I was threatened by a Division Chief in front of a sergeant, why isn't he under arrest under Probable Cause? Do the laws only apply to cenain citizens in this country? I think that is a fair question to ask. Obviously, you know a lot of my attorneys. I am almost done here, by the way . One of the attorneys ' on my cliSC is Durant Davidson. I think some of you lawyers probably know him, he served on the Fifth Circuit Court for 26 years . I think his bar number starts at 12 . I think he went to school with Thomas Jefferson or something, as he has been around so long. I was trying to make light of a bad subject there. by tllc way. When that first case was dismissed by Richard Matsch in Federal Court. Durant's comment was like he was talking about his little brother "Yeah, that's Rieb for you he just won't talk to anybody that ain 't got a million dollars on his head ." At that point I figured I bad spent $15,000.00 in litigation against the City of Englewood. My lawyer advised me, as he was a cop for 26 years himself, that you have ticked enough police off in Englewood, Mr. Raymond, you bcncr move out of that town. I did move . I moved over to 4644 South Lincoln. That is where this last thing happened and there was a year without police contact, I have to tell you. until this incident happened . They definitely remembered who I was . Mr. Aahcny just gave me a copy of yow-report, Mr. Brotzman and in this you said that you dismissed the charge against Mr. Luker, because Julie Luker said she didn 't want to prosecute. Julie Luker didn't make a case against the guy. I did. She wasn't there . I was and you sa id I didn 't have a witness. which I did. My neighbor was standing there when he did this as well . I mean, arc you j ust covering up for these guys still? Is that still what it is? I do not wish litigation against the City of Englewood ... I do not. I moved 73 miles away from this City, because I definitely fear for my life from police putting guns to my head . I can 't do it. I am begging for a resolution. I was ready to sit here and wait through thi s whole meeting to sec what your resumption was of this. but there arc already five things in here that you're not even te ll mg the truth abo ut . Dan Brotzman. What is the deal here? Is anybody going to get to the bcittom of this? I called and begged for a meeting with you. Mr . Garrett. First I wanted to apologize to you and ass ure you that I would be cal m. like I am trying to be ri ght now. Apparently, you were out of town or busy or something. I am begging for somebody to take care o f this . I don 't want to go to the 1 s• Judicial Circuit. I don·, want to go through litigauon again . It 1s an ugly thmg. It is a d isgusti ng process. For what it is worth, the violations that the City of Eng lewood ha s committed against me arc violations of 42 -USC-1983 Retaliation, Conspiracy. Refusing and Neg le tmg to Prevent . Malic ious Prosec ution . Mali cious Abuse of Process. Conspiracy and Intentional Infliction of Emouonal Distress. Please. Mr. M ayor. I am begging you to get to the bottom of this . This report that Dan Brotzman 1s lihng with you I false and he is lymg through the whole thing . I would love to stick uound for somebody to talk to me. which I will do. Mr. Flaherty said he would . I hope you will afterward or if someone would comment to me . that ould tell me one thmg that I honestly the truth ... one thing. Ma yor Garrett said unfortunately th1 1 not the foru m to have a di scus ion. but we appreclllC your c nuncnts and "e will hear Mr . Brotzman' report at the end of the mccung and then 11,,: will see what IS goina on . Mr Rd ymond 1d very good. thanl ou. ( ' • • - ( ( ( Englewood City CouncU August 15, 2005 Page3 8. Communlcatlons, Proclamations and Appointments .0 0 (a) A proclamation declaring September 2005 as National Alcohol and Drug Addiction Recovery Month in the City of Englewood was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2005 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH IN THE CITY OF ENGLEWOOD. Ayes : Nays: Absent: Motion carried. Council Members Moore, Bradshaw, Garren, Wolosyn, Woodward, Tomasso None Council Member Barrentine 9. Consent Alfflda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I), (ll) ud (Ill). (a) Approval of Ordinances on First Reading (i) COUNCil. BILL NO . JS. INTRODUCED BY COUNCil. MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 37. SERIES OF 2005 (COUNCil. BILL NO. 24, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT EST ABUSlDNG THE SOUTH PLATTE ENHANCEMENT FUND· A DONOR ADVISED FUND OF THE DENVER FOUNDATION BETWEEN DOUGLAS COUNTY. JEFFERSON COUNTY, SOUTH METRO WATER SUPPLY AUTHORITY, PARKER WATER AND SANITATION DISTRICT. CITY OF AURORA. COLORADO SPRINGS UTilJTIES. CITY OF THORNTON. DENVER WATER AND THE CITY OF ENGLEWOOD. COLORADO . (ii ) ORDINANCE NO . 38 , SERIES OF 2005 (COUNCil. BILL NO . 36. INTRODUCED BY COUNC IL MEMBER WOLOSYN) AN ORDI ANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT DEFINING JOINT RESPONSIBILITY BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD SC HOOL DISTRJCT' FOR SINCLAIR BASKETBALL COURT AND 1NUNE HOCKEY RJNK . (iii ) ORDINANCE NO. 39, SERIES OF 2005 (COUNCil. BILL NO. 37, INTRODUCED BY COUN CIL MEMBER WOLOSYN) ORDINANCE AUTHORIZJNG A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLO RADO BUREAU OF INVESTIGATION AND THE CITY OF ENGLEWOOD. COLORADO PERT ATNI G TO THE VIOLENT CRJMINAL APPREHENSION PROGRAM (ViCAP). \I Olt results : fouon earned . Aye : Na y : Absent : Council Members Moore. Bradshaw . Ganea. Wolosyn. Woodward. Tomasso one Counctl Member 811rTCMJne ' • • Englewood City Council August 15, 2005 Page4 (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 11 .) 10. Public Hearing Ite- No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented an Intergovernmental Agreement with Arapahoe County to use Open Space Grant Funding for constructing improvements to the Mary Carter Greenway. Mr. Graham said this is one of the two grants that Arapahoe County has approved for the City of Englewood and the grant portion of the Arapahoe County Open Space Funding. This project would construct a parallel path to the ellisting concrete path, nonh and south of Danmouth. The path south of Dartmouth would be a crusher fine path and north of Dartmouth, it becomes concrete, because we have ICIS area to work with and there are some considerations. We identified a couple of Council outcomes that Ibis supports ... those being ... providing and maintaining quality infrastructure and also providing diverse recreation opportunities. The bike path is heavily used and we are connecting Englewood to the portion that South Suburban has constructed from 470 north, to our south border. There are some missing segments, as we plan for the Golf Course reconsuuction. bul eventually this will go all the way from 470 to the Denver border . Mayor Garrett asked if there were any questions for Mr . Graham. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 31. COUNCIL BILL NO. 31 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AtrrHORIZINO AN INTEROOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE. ST ATE OF COLORADO PERT AININO TO THE MARY CARTER OREENW A Y EXPANSION AND BUFFER . Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent: Moti on carried . Council Members Moore. Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None Council Member Barrentine (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Aaenda Item 9 -Consent Apia.) (c) Re so lutions and Motions (i) Senior Planner Graham presented a recommendation from the Community De~ Depanmcnt to adopt a resolution authori:r.ing assignment of Englewood's 200S Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home owncnbip prosrams. He said Ibis is an annual item . where we ask the Council to allocate the Private Acuvity Boad Cap Allocalion to OIFA IO provide flllMk far homeowner . That is . if we have not been approached with a project Iha! IS ehpble to receive Privale Activuy • • ( • Englewood City Couocll August 15, 2005 Pages 0 Bonds . We discussed this one other time this year , when the Metro Mayors Caucus Program came forward and asked for us to participate in their program again . Council decided at that time to participate, though not to add any additional funds from the 2005 allocation . So, this proposal is to assign all of the 2005 allocation to CHF A. Mayor Garren asked if there were any questions for Mr . Graham. There were none . COUNCIL MFMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· ~LUTION NO. 73, SERIES OF 2005. RESOLUTION NO . 73, SERIES OF 2005 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND AllOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COWRADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . Mayor Garren asked if there was any discussion . There was none . Voterauhs: Motion carried. Ayes : Nays : Absent : Council Members MOOJC, Bradshaw , Garrett., Wolosyn. Woodward. TOIIIISSO None Council Member Barrentine (ii) Director Gryglcwicz prcae1Ud a recommcndalion from the Department of Fimnce and Administrative Services to adopt a resolution approving the transfer of an additional $100,000.00 from the Land Bank to the Civic Center Cultural Arts Space Project and appropriating an additional $100.000.00 from the Conservation Trust Fund Contingency to the Project . He said this i5 a transfer of $200,000.00 tocal for the Civic Center Cultural Arts Space Project, here on the second floor . In the Public Improvement Fund die source of fund i5 the Cultural Arts Center Land Bank for SI 00.000.00 and that will be used for the project and die Coascrvalion Trust Fund. the CTF Contingency ... there is S 100,000.00 taken from that for the project. Mayor Garren asked if there were any questions for Mr. Gryglcwicz . There were nooe . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) • ~LUTION NO. 74, SERIES or 2805. RESOLUTION NO . 74. SERIES OF 2005 A RESOLUTION APPROVING A TRANSFER AND APPROPRIATION FOR THE 2005 BUDGET OF THE CITY OF ENGLEWOOD. COLO RADO FOR THE CIVIC CEJlrTE.R CULTURAL ARTS SPACE PROJECT . Mayor Garren asked if there was any discussion . Council Member Woodward said I would just like 10 menuon that. as I said u the Study Session a couple of wcoeks ago. this space, I think. gives the City a real opportunity to do awards. IO do di~ types of lhinp and it truly i5 a mulu -usc type of space . So. I am very much in favor of 11 . Thant you. Council Member Wolo yn said I do want 10 comment I noticed Iha& ,n Ille PIF for next year we do include a transfer back of $100.000.00 recommended 10 the Land Bank and we will be voona on that 1n September. But it is there . I sec II and I am glad of that . And al . I think the Cwtural Ans COINIIISIIOII and Enpwood Ans -alrady "orkmg hard and bringing Ans events to our C11y and tlus a<>t"I to pvc III a bcncr venue and c-nuc , 1 1b1l11 throughout the rncuo uea. That one f the thin, •-e are CTUIUIS vllaht). t ,• .. • • Enclewood City Council August 15, 2005 Page6 Vote results: Ayes: Nays: Absent: Motion carried. Council Members Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None Council Member Barrentine (iii) Housing Finance Specialist Grimmett presented a n:commendalion from the Community Development Department to adopt a resolution applying for a new loan with Colonial Danit for $250,000.00 to suppon the foreclosure activities of the Housing Rehabilitation Enterprise Fund. She said u Council knows, I've been working with a number of foreclosures this year and we had moved, hopefully, to apply for a loan lhrough Mile High Housing Fund to suppon some of the continued activities of that foreclosure process . That loan is still in the works and hu not been finalized, so I am making a separate n::quest of Council to approve a loan of $250,000.00 of Colonial Bank, that would be more of a nditional loan. supported by two of the propertia that we currently have in our inventory. This loan would be set up so that we would have 12 months to n:pay it back, with jusi intaat payments paid quarterly, if we don't get them sold within the next 3 months. So, I request of Council ID pleue approve this item so that we can suppon the program and redeem the foreclosure and not take any IOACS on the funds that we have already put into the property. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (W) · RESOLUTION NO. 75, SERIES OF 2005. RESOLlITION NO. 75, SERIES OF 2005 A RESOLITTION AUTHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE CITY OF ENGLEWOOD. COLORADO TO FUND THE HOUSING REHABD.JT ATION ENTF.RPRISE FUND. Mayor Garrett asked if there were any questions for Ms . Grimmett or any discussion. Council Member Bradshaw said I really appreciate the o-mail that we r«eived, that we had asked )'OU to send. I appreciate it. Thank you. Vote remles: Ayes: Nays: Absent: Motion carried . Council Members Moore, Bradshaw, Garrett. Wolosyn. Woodward, Tomasso None Council Member Barrentine 12 . General Dlsc:ussioo (a) Mayor's Choice Mayor Garren did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Bradshaw said just reminding ew:ryonc about the Relay for Ufe at Belleview Park this weekend, August 20"' and 21 11• (ii ) Council Member Woodward: I . He said also a reminder of the KEB SK Run at 8:30 on Saturday, August 21• followed by the FunFcst at Bellev,ew Park. :?. He s,ud thi s week's conccn, Thursday evening. will be honoring Dr . Jess Gerardi from Englewood High School -..ho was there for 30 years ... so 7 :30 outside the Civic Ccnier. Thank you. t • • • ( \ EncJewood City Council Aupst 15, 2005 Page7 (iii) Council Member Wolosyn said I don't have i.nything except I second getting out to honor Jess Gerudi, if you can. 13 . City Manager's Report (a) City Manager Sears said August 21• is going to be a busy day . I just want to let you know that the City of Englewood is going to be hosting the Shots for Tots hae that morning. We will be there, along with Swedish Hospital. 14 . City Attorney's Report (a) City Allomey Brotzman said I do have the report on issues railed by Mr. Raymond during the August 1, 2005 Council meeting and I would again caution you that this is a report. It is not an investigation. It is simply contacts that the Police Department and the Prosecution Office have had with Mr. Raymond. An iorernal investigation was done by the Police Department that is referenced in Commander Wick's report. That apin was 16 police officers that were investigated by the Safety Services Department and there was a finding that there wasn't a problem with the officers. Now that is not a public document. That is an intcmal investigation that is not available. The other documents, that Commander Wicks referenced, are all available . Mr. Comer's commems are attached regarding the prosecution. There were three cases that Mr . Raymond has had in our Court ... one wu dismiued for refiling. I don't know if that has actually been refiled or not. Then there are actually two other cues ... one where Mr. Raymond was a victim and one in which he was the defendant Both of tboae bad the same person as a witness and it was more than a reluctance on the part of that woman, Ms. Luker, to tatify. Mr. Comer felt, in his professional judgment, that he didn't have enough to go forward with the cue and dismissed both of thole cues. As Mr. Raymond indicated earlier, he did file a civil suit, which was dismissed agaimt the City, with Judge Malich finding that the officer acted reasonably in the civil standby. 15 . Adjournment ARRETT MOVED TO ADJOURN. The meeting adjourned at 7 :51 p .m . d.ftt - 0. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNscttEDULID PUBLIC COMMRNT l DATE: September 6, 2005 l'U!ME 1.11111' YOUR PRIIBffA110N TO flVI_,,. / PLEASE PRINT NAME ADDRESS t • • • ... •• ·• • • ·, ,• .. ' , .. ., · ... -... r .. ..: . . ~ .. .· . : .• • • ' . .• 0 . ;, • • • • .. ·• • • ·,. , .. ,• ... .,. .. . • • 0 0 • .f, • • • -~ • ·• • • . ..... ... (, ... • ~. : J " ' • (·-> l •·.:_ ___ __) • ' .J \, -' .•. • 0 •· :. • I-. • • • - ... . ,, ' ----- ~- ·• • • .. . , ... . •' • "· .,. .. • ·. · .. . .. 0 •• ~ • .I-. . . •· • • • ., -- ..... , -. • ., ·,~ .· • . ,,.. ____ .. / -.J - ., 'v C RECEiVED CITY OF ENGLEWOOD, CO August 31, 2005 Al.iG 3 1 2005 Election Commission, OFFICE OF ~1 THE CITY CLERK { V My name is Pamala L. Sampson. I am writing because I must resign as a member and the Chair for this board. I am campaigning for office in Englewood and due to the conflict of interest it is best I am ethically orrect. Thank you for this ~-· ty to b · fly work with your committee. .t '· ' • • ( PROCLAMATION WHEREAS, pain is one of our nation's most serious health problems -it is our silent epidemic; and WHEREAS, more than fifty million Americans live with chronic pain caused by various diseases or disorders, and each year nearly twenty-five million people suffer with acute pain; and WHEREAS, although the medical knowledge and technology is now available to relieve or greatly ease most pain, most pain goes untreated, under treated, or improperly tJeated; and WHEREAS, the majority of healthcare professionals are still unaware of bow to treat pain effectively; and WHEREAS, people who suffer from pain are often stigmatized, marginalized, and/or not informed of their right to effective pain assessment and management, including those people at the end of life, get little or no relief; and WHEREAS, the American Society of Pain Management Nurses, Colorado Pain Society, American Pain Foundation and Partners Understanding Pain dedicate their work to creating both consumer and healthcare professional pain education, dialoaue, and oetworkiq to further the appropriate diagnosis and treatment of people with pain; and WHEREAS. Colondo is pleased to join these concerned citizens and professionals in promoting a united effort against the epidemic of pain; NOW THEREFORE, I, Douglas Garrett, Mayor of the City of Englewood, Colondo, he;rcby proclaim the month of September 1005 u : PAIN AWARENESS MONTH in the City of Enalewood. Colorado. I urae all citizens to unite to improve the quality of li fe of people in Englewood and Colorado suffering from pain. GIVEN under my band and seal this 6th day of September, 2005 . • ( • • PROCLAMATION WHEREAS , Keep Englewood Beautiful is a 15-member commission made up of dedicated community volunteers; and WHEREAS, Keep Englewood Beautiful is a certified community affiliate of Keep America Beautiful, a community action organization dedicated to litter and graffiti prevention, beautification, waste minimization and community improvement; and WHEREAS, Keep Englewood Beautiful's mission is to enhance the environmental quality of life in our community; and WHEREAS , Keep Englewood Beautiful promotes community participation and environmentally responsible behavior through educational efforts and programs; and WHEREAS , Keep Englewood Beautiful offers several programs each year that address environmental issues and help enhance our community, including: Good Neighbor Days, a neighborhood clean -up program; the Leaf and Tire Dro~ff program; a Household Hazardous M aterials Roundup that offers residents a chance to safely dispose of household hazardous waste; and a SK Family Fun Run , a fund-raising effort that helps support the commission 's environmental programs ; and WHEREAS. Keep Englewood Beautiful participates in community events and activities throughout the year. promoting educational efforts and offering environmental resources to citizens; and WHEREAS , the City Council of the City of Englewood w ishes to recognize the commitment and dedication oi the members o f the Keep Englewood Beautiful Commission ; N OW, THEREFORE . I. Douglas Garrett. Mayor of the City of Englewood, Colorado, hereby procl aim September, 2005 as Keep Englewood Beautiful Month in Englewood and enco urage all Englewood resi dents to tak e advantage of th e many activities and resou rces sp onsored by Keep Englewood Bea utiful th at en hance the environmental quality oi life tn our co mmun ity. A DOPTED AND APPROVED this 6"' day of Sep tember, 2005. Oougbs Garr ett. Mayor • • • .. ORDINANCE NO.~ SERIES OF 2005 BY AUTHORJTY 0 , COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT Fl.OM nm ST ATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and was granted, Enterprise Zone status for a majority of the industrially and commercially zoned propcny in the City of Englewood; and WHEREAS, the State Economic Development Commission has a competitive grant program for marketing and administrative support of Enterprise Zones; and WHEREAS, this is the tenth year in which the City of Englewood has applied for and received such funding; and WHEREAS, the Enterprise Zone is used in the City to initiate busines~ retention, revitalization and growth strategies; and WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax creclits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business; and WHEREAS, the Colorado State Economic Development Commission requires that the City provide matching funds to meet Grant requirements; and WHEREAS, the Grant and related Agreement between the State of Colorado Economic Development Commission and the City of Englewood pledges $12,500.00 in local matching funds to meet this obligation; and WHEREAS, this Grant and the matching funds will be used for a variety of Enterprise Zone marketing and administrative activities in the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T HE C1 TY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec tion l . The Agreement between the State of Colorado, Economic Development Commission, and the City of Englewood for a Grant of $12,500.00 to be used for Enterprise Zone Marketing and Administrative activities, a copy of which is attached hereto as Exhibit I, is hereby accepted . Section 2 . The Mayor and City Clerk are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 15th day of August, 2005. -1- t • • Published as a Bill for an Ordinance on the 19th day of August, 2005. Read by title and passed on final reading on the (lb day of September, 2005 . Published by title as Ordinance No. _, Series of 2005, on the 9th day of September, 2005. Douglas Gamtt, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2005. Loucrisbia A. Ellis -2- ... • • .0 EDC #§Z2.. CONTRACT THIS Contract, made this_ day of ~ by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development, Economic Development Commission re.D .C."), 1625 Broadway #1710, Denver, Colorado 80202, hereinafter referred to as the State, and City of Englewood, 1 ooo Englewood parj<way, Englewood, co 8011 o , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment In Fund No. ~ Approp. Code Org. Unit Contract Enalmb. No. E6EDC820 : and WHEREAS, required approval, dearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to promote economic development In C'llorado by misting local communities in expanding their economic base; and WHEREAS,pursuantto24-46-101 to 105,C.R.S.1987,theColoradoEconomicDevelopmentFund is created, and is to be administered by the Colorado Offlce of Economic Development in the Office of the Governor; and WHEREAS, applications for distributions from the Colorado Economic Development Fund have been received by the Economic Development Commission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Governor that the project described In this contract be financed with a grant; and WHEREAS, the Governor has reviewed the proposed expenditure of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS. the Contractor Is ., eligible recipient of Colorado Economic Development funds; NOW THEREFORE it Is hereby, agreed that 1. Scope of Seryjals. In consideration for the monies to be received from the State, the Contractor shall do, perform, and cerry out, in a satlsfadory and proper manner, as determined by the State, all wor1< elements as indicated in the "Scope of Services•, set forth in the Attached Eichlblt A, hereinafter referred to as the "Project". Work performed prior to the ex8Qltlon of this Contract shall not be considered part of this Project. 2 . RtlQOOliblt Admjnjatratpr. The perfonnance of the services required hereunder shall be under the direct supervision of the employee or agent of Contrador identified In the atlached Exhibit A., who i s hereby designated as the administrator-in-charge of this Project At-,ry time the administrator-In-charge is not assigned to this Project, all work shal be suspended untl the Contrador assigns 8 mutually acceptable replacement administrator-in-charge and the Sta18 receives notltlcatlon of such n1placement assignment 3. Time of Performance . This Contract shall become eff9cllve upon proper execution of this Contract. The Project conlamplated hnn shall commence • soon • pradlcable after the execution of this Contract and shall be undertaken and pefformed in the sequence Mt forth in the "Time of Performance• in the attached Exhibit A. No Economic Development Comm1u1on Funds p,ovided under this contract wil be expended prior to the fuU execution of this contract. The Connca aw-e 118l llme is of the euenc:e ;: ·; [ I B I T l ' • • ·• • • r, . \ .t~ in the performance of its obligations under this Contract. and that completion of the Project shall occur no later than the termination date set forth in the "Time of Performance.• 4. Compensation and Method of Payment The State agrees to pay to the Contractor, in consideration for the wort< and services to be performed, a total amount not to exceed lWELVE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($12,500}. The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 5. Accounting . At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailad and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent ( 10%) within said Budget without approval of the State . Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Contract properly executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 4 above. a. Unless oth111Wise provided in this Contract. if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practlcable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far receivad to a contract monitor designated by the State . b. The Contractor shall request the !!nil payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been property spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State . Any State funds not expended in connection with the Project shall be remitted to the State at that time. 6. Augtt. The State or its authorized representative shall have the right to inspect, examine, and audit Contracto(s records, books and accounts, induding the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so . Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until live (5) years after the date final payment for this Project is rece ived by the Contractor , provided that the audit ls performed at a time convenient to the Contractor and during regular business hours . Whether or not the State calls for a discretionary audit as prov ided for in th is paragraph, if the Project ls accomplished within a single ftscal year of the Contractor, the Contractor shall , at the co~usion of the Project, and in addition to any other reports requ ired, submit a report and auditor's statement of the Project account to the Economic Development Commission . Such report shall be prepared In conjunction with Contractor's regular yearty audit, and must be submitted within six (6) months after the dose of the then current Contractor's ftscal year. 71. Personnef . The Contractor represents that he has, orwiU secure at his own expense, unless otherwise stated in Exh ibit A, all personnel , as employees of the Contractor, neceuary to perform the work and services required to be performed by the Contractor und• th is Conlract. All of the servicea required hereunder will be performed by the Contractor or und• his supervision , and au personnel engaged in the wort< shall be fully qualified and shall be authorized und• State and local law to perform such services. e. Termination of Contract for Conyt{'lience of EiJhtr Party . Either the State or the contractor may term inate th is Contract at any time the party determ in es that the purpose of the Contract would no Page 2 of 7 Pages ' • • ( .0 0 longer be served by completion of the Project The party desiring to terminate the Contract shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof, at least thirty (30) days prior thereto. In that event, all finished or unfinished documents and other materials shall, at the option of the State, become Its property. Contractor shall repay funds advanced and not expended In accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination at the contract for convenience. 9. a. Termjnatton of contract for Cause: Repayment of Adyanced funds If, through any cause, the Contractor shall fail to fulfill In a timely and proper manner Its obligations under this Contract. or If the Contraclor shall violate any of the covenants, agreements, or stipulations of this Contrect. the Slate shall th.-.upon have the right to terminate this Contract for cause by giving wrlttan notice to the Contractor at such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, media contracts and repor1B or other material prepared by the ContractDr under this Contract shall, at the option of the State, become its property; and the Contractor shaU be entitled to receive Just and equitable compensation for any satisfactory wor1t completed on such documents and other materials. b. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined. c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time of tenninatlon. 10. Changes. The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract Is Intended as the complete integration of all understandings between the parties at this time. and no prior or contemporaneous addition, delellon, or other amendment hereto, Including any inaease or deaease in the amount al monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied In a written contract amendment Incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the time of performance may be agreed to by letter If so provided for In Exhibit A. and contractor may make adjustments of less than 10 percent in budget line Items as provided for In the "Accounting• section of this Contract. 11. a. Conflict of Interest. No employee of the Contractor shall perform or provide part-time services for compensation, monetary ·or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract. b. The Contractor agrees that no person at any time exercising any function or responsibHity, in connection with the elements of this project that are flnsiced with State funds, on behalf of the Contractor shall have or acquire any personal financial or economic intwest, direct or indirect, which will be materially affected by this Contract, except to the extent that he may receive compensation for his performance pursuant to this Contract. c. A personal financial or economic interest lndudea, but is not linlted to: i. any business entity In which the person has a dnct or indnct monetary Interest; ii. any real property in which the person has a direct or indnct moneca,y lnternt; iii. any source of Income , loans, or gifts received by or promised ID lhe person within twelve ( 12) months prior to the execution data ol lhis Contract; Page 3 of 7 Peges ' • • ·• • • ri, I \ _L~ ~ ·---. (_J iv. any business entity in which the person Is a director, officer, general or limited partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent on his/her behalf, by a general, limited, or silent partner of the person, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership Interest. Said person has a substantial economic Interest In a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. in the event a conflict of interest, as described in this Paragraph 11, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to file a disclosure statement required by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by the State. 12. Subcontracts . Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Economic Development Commission upon request by the State. Ally and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. 13. Severabiiity. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 14. Binding on Syccessors. Except as herein olherwile provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 15. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under th is Contract without the prior written consent of the other party . 16. Limitation to Particular Funds. The par1lea hereto expressly recognize that the Contractor Is to be paid , reimbursed, or oth-ise compensated with funds provided to the State tor the purpose of contracting for the services provided for herein , and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 17. Minority Byslneu Enterpri11 Partjcjpation. It is the policy of the State of Colorado that m inority business enterprises shall have the maximum practicable opportunity to participate In the performance of its construction grant contracts . The Contractor agrees to UH its best efforts to carry out th is policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in th is Contract, the term "minority business enterprise" means a business. at least 50 percent (SO%) of which is owned by m in ori ty group members or. In the case of publicly owned businesses, at least 51 percent (5 1%) of the stock of which is owned by minority group members. For the purposes of th is Page 4 of 7 Pages ' • • definition, minority group members .. NegroN or Black Americana, Spanilh-lpeeklng Amertcan1, Allan Americans, American 1nc:11an1, Amertcan Esklmol and American Aleuts. Th• Contractor may rely on wrltlan repreeentatlon1 by bldderl. contractors, and eubc:ontl'IICIOra l'9g8rdlng their stalul • minority enterprllN and need not conduct an independent lrn.wllgatlon. 18. Iull, The state agency, as purchaNr, II exempt from al f9deral excise tax• under Chapter 32 of the Internal Revenue Code [No. 84-7301231<] end from II ltllla ·and local government UM tax• [C .R.S. 39-28-114(•) and 203, u amended]. Vendor ii 11..t,y nollfled that when matartall .. purchased for the benefit of the State, suc:h exemption• apply except 1hat in cer1akt polltlcal IUbdlvllionl (for example -City of Denver) the vendor may be requlnld to pay ..._ or UM tax• even thought the ultimate product or service i1 provided to the State. Th ... ulee or UM taxN will not be relmbul'Nd by the state. 19. IOSllltdYII Property. A. Contractor will indemnify State for ill reasonably incurred legal e>epenNS and wtll defend or settle, at Contractor's option and expenM, any legal procNdlng brought agalnat Slate, to the extent that It ii beNd on a clelm that produCla infringe• trade secret. trademar1c, male work. ~ or patent Contractar wlll pay all such expenlN, together with damagel and c;geta IW8rded by the court which llnally detemmea the CMe, or .,. incurrwd in the setllement thereof, If Stata : (i) givel wrflllln notice of the cllllm pramplly to ContradDI, (ii) gives Contractar control of the defenu and Hlllernent of the clalm; (1H) provldal to . Contraclor, at Conlnldor's expense, all avalable informallon and mlltance; and (Iv) ha not compramlHd or Mtlled suc:h claim. B. If products _.. found to infringe, Contractar will: (i) obtain for Stella the right ID UM IUCh productl; (II) replace the productl with non-Infringing productl or modify the procluctl IO that they become norH1111nging; or, If neither of theu Alternatlv91 is reuonably available, (RI) remove the infrtnglng producta and nifUnd the price paid therefore. C. Contractor has no obHgatlon underthll Paragraph 19 fur anycllllm which 1-*8 from: (I) UM of producta in combination with any non-Contractar provided equipment, 90llwar9 or dam; (I) Conlrllcb's campllalice with designs or specification of State: (Bl) modlllcllllon of praduc:11 CIiis than al Contrac:Wa clr.cllon; or (Iv) UM of an allegedly infringing verelon of products. If the llleged ii ,Mi igement could be avoided by the UN of a different venlon made avalable to Stata. 20. Order qt P[ICldtnca. in the event of conlllctl or 1noon111Unc:iN ~ 1111 contract and ill exhlbill or attachments, such conftlda or incOnllmnCIN 111811 be rW8CIMd by,.,.•a to the documen1a in the following onler of prtartty: 1) Colorado Special Provlllonl, pagee 8 to , 7; 2) Connet. pagee 1 to 5; 3) Exhibit A; 4) Any attac:hmen1a to Exhibit A,, • • • • 0 SPECIAL PROVISIONS CFor U,e Opty with Inter-Governmental Coptracg) 1. CONTROLLER'S APPROVAL CRS :U-30-202 (I) This contnct shall not be deemed valid until it hu been approwd by the Con1n>ller ofrhe Stale of Colorado or such aailllnt u be may designate. 2. FUND AVAILABILITY. CRS :U-30-202 (5.5) Financial obliptions of the Stale of Colorado payable after the current ·filcal year are continpnt upon funds for that JIIIIPOle bein1 appropriaJed, budgeied, and otherwise nale available. 3. INDEMNIFICATION. To the extent authorized by law, the contnctor lhall indemnify, save, and hold hannla1 the Sllle 1pin1t any 1111d aJJ c:laima, damapl. liability and coun awards including com, expenaca. and aaomey fea incurred u a remit of any 111:l or omiuion by the Contnctor, or ita employees. agents, subconiracton, or assignees punuant ID the terms of this contract No term or condition of this contract shall be conSlrUed or interpreted u a waiver, ~ or implied, of any of the imnunities, rislita, benellta, protection, or other provisions for the parties, of the Cololado Gcmmmmtal Immunity Act, CRS 24-10-1 O I ., -,. or the Peden! Ton Claims Act, 28 U.S .C. 2671 ., seq. as applicable, u now or henlftlr lffllllded. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 "nil! CONnACTOll SHAU. P£RJIORM ITS DUTtl!S HEllEUNDEII. AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYl!I!. Nl!l'TRl!ll 1111! COHlltACTOR NOR ANY AGENT Oil EMPIDYEE OFTHE CONnACTOR SHALL BE OR SHAU. BE D!l!MED "IO BE AN AGENT OR EMPLOYEE OFTlfl! STAT!. CONTilACTOR SHAU. PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX ANO LOCAL H1!AO TAX ON ANY MONIES PAID BYTHI! STATE PURSUANT ro nns CONTRACT. CONTilACTORACICNOWLEDGES TIIATTHl!CONllACToRANO ITS EMPIDYEESAll!NOT l!NTTIUD"IOUNEMPLOYMENTINSURANCEBENEm"SUNLESSTHECOHTRACTOROlllUDPAlTYl'ROVIOESSUCHCOVDAGl!ANOTIIATTHI STAT! DOES NOT PAY FOR Oil OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NOAUTHOIUZATION, EXPUSSOR IMPUED, ro BIND THI! ST A TE ro ANY AGREEMENTS, LIABIUTY. OR UNDERSTANDING EXCEPT AS EXl'USSL y SET l'ORTI! HIIUDI. CONnACTOll SHAU. l'ROVIDEAND ICEEPIN FORCE WOltK£ltS' COMPENSATION (AND PROVIDE PllOOFOFSUCII INSURANC! WHEN 1t!QU1ST!D BY THl!STAT!) ANO UNEMPIDYMENTCOMPENSA TlON INSURANCE IN THl!AMOUNTS REQUtREO BYU. W, ANOSHAU.BltSOI.EL Y R1!SPONS1BU! P<>a Tlfl!ACTS Ofl111! CONnACl'OR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contnctor qrea to comply with the later and the spirit of aJ1 applicable-and federal laws tapeelift1 dilc:rimiulica 1111d unfair employment pnclicca. 6. CHOICE OF LAW. The laws of the Stale ofColondo and rules and replaliona illued ~ llllnilD lhaJJ be IIIIPlild in the inlapwiua, aecutiaa, 1111d enforccmcnl of this contnct. Any jN'Ovision or cilia contnct, wheths or DOt blCOijNW-.d hereia by '*-, wbicll providll for arbitnlion by any cxn-judiciaJ body or.,._ or which ia ocherwia in caffiawida aid ...... ndll, ad~ lhaJJ be ccmidenld null wl void. Nochin1 contained in any provision ~)IQllled hereia by'*-which purpalll ID nepe dria or any Giber apecial provision ia whole or in part shall be valid or enforceable or available in any action • law whcthlr by way of complaint, defma, or ocbawise. Any provision rendcn:d null and void by the opcralian oftbia provision will not invalidale the remainder ofdlia connc::t to the extent 1h11 the contnct ia capable of execution. At all rimes durina the performance of this contract, the Contractor shall Slricdy adhere to all applicable fedel"al and Stale laws, rules, and reaulatlons that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION. Covenaor's Executive Order D 002 00 NoStazcorotherpublicfundspayableunderthisContnctshaJlbeUlldforthcacq11iaition,operllionorfflli~ofcomp111msollwan in violation of United Swcs copyright laws or applicable licensin1 rarictiom. The Conlrlle1Dr hereby cenifles thM, ft,r the 1mn1 olthis Contnct and any extcn1ion1, the Contractor hu in place approprilla syllCflll and COIID'Ola to prevena IIICh imprnper ua of public flmda. If the St11e _determints that the Con.tractor _is in violarion of.this~ the S-may aaciae •Y ....iy available• law or equity or under th11 Contract, 1nclud1n11, wn hout hm,ranon, 1mmed111a temlUIIIIOn of the Connc:t and •Y rermdy consiamt with Uniled SIiia copyript laws or applicable licensing resuicrio1".;. I. EMPLOYEE nNANCIAL INTEREST. CRS l~ll-201 A Ca514-50-stT The s,gnuones aver that to their knowledac. no employee of the Stale ofColondo has 81)' paltlllll or 1*Mftcial i--w'-"r in the service or property described herein . E&clive 0.. April I, 2004 Page 9 of 7 Pages ' • • SPECIAL PROVISIONS THE PARTIES HERETO HAYE EXECUTED IHII CONTRACT CONTRACTOR: STATE OF COLORADO: BuOWENs GOVERNOR CtrY OF ENoLEWOOD PRE-APPROVED FORM CONTRACT REVIEWER: Douglas Garrett, Mayor CORPORATIONS: Loucrishia A. Ellis, City Clerk ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requlrn that the Stata Contraller appr'OW9 d ..... conlracts. Thia connct Is not valld unt1 the Stata Controller, or such Ulllstant u he may clelepta, haa algMd It. The cantractar Is not authol1zacl ID begin performance untll the contract 19~ wl da1lld below .• perfannance ....... prior ID the data below, the Stata of Colorado may not be obllptld lo pay far .... gooda wllor WVlcea provided. STATE CONTROLL!R: I nth I, lbtalfllt Dm. __________ _ Page 7 ol 7 Pagee • t ( ~. "' EXHIBITA SCOPE OF SERVICES AND PAYMENT SCHEDULE ... ' ., CJ. EDC#620 ExHIBITA Colorado Economic Development Commission SCOPE OF SERVICES 1. Protect P•KJIDtloo and BnYl[lffltntl The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone .... TheN funds shall be used for the purposes of promotional activities thet will market and advertise the advantages of 1ocat1ng a business in the contractor's enterprise zone area, aeat8 a positive Identity for the entel1>f'IN zone .... encourage retention and expansion of existing businesses, promote redevelopment, expand the region's tourism Industry, attract new buslnessel, and generally enhance the economic growth of the enterprise zone area. Such activities shall include the preparation, producllon, and/or dlatrtbu1lan al mmket research , printed ma18rials, direct mall campaigns, print media advertising, trade show promotions, special events, direct business prospect visitation, and other c:IONly related ecllvltles . No more than 25 percent of these funds may be used to pay for contractor's administrative or staff coats. Contractor may allocate funds to one or more subcontrac:lonl involved in promotion and economic development activities in the enterprise zone. Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontrac:lonl. The contribution from the Economic Development Fund under this Contract shall not exceed the amount of 1oca1 matching funds expended on this project or JWELYE THOUSAND FJYE HUNDRED dof!ICJ ($12,500). whichever is lea. All project c:osla in excess ol this amount wll be the responsibility of the Contractor. Contractor shall match E.D.C. funds UNcl on this project with at least a dollar-for-dollar cash match from local sources. Local ~ on en18rprtN zone martcet1ng projects incurred prior to the eff9c:tlve date of this project but subsequent to January 1, 2005, may be counted toward the matching funds requirement, provided that such expenditures have not been used to meet other state contractual matching fund requirements. The performance of the services required heraunder shall be under the direct supervta1on o1 ..Pmm Hollingsworth, an employee or agent of Contractor, who Is hereby deslgnatad a the admlnl- sntor-in-charge of this Project. 2. Drn• of Pt[fonnanc• The Project shall commence upon execution of this Contract. The Contract wift expinl on June 30. ~ except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. EDC # 820 • Exhibit A Page 1 of 2 Pages ' • • 3. Mslt1 REVENUE EXPENPJIURES E.D.C. Funds $12,500 MllrMt Rnearc:h, Publications, Advertising, $18,750 Trade Shows, Wflb Site Development, Seminars, and Direct Mar1cellng far the Arapahoe County Enterprtae Zone Program Local Funds 12,500 Zone Admlniatratlon 8,250 TOTAL: $25,000 TOTAL: $25,000 4. Pavrn,nt ScbldYlt I. $5,000 lnltlal payment to be paid upon r.quest by the contrac:IDr following the exeartlon of this c:ontract. II. 8,500 Interim payments to be paid upon request and the aubmlaaion ot proper doamlentatlon of expendllurw of E.D .C. and local funds and work progress. Ill. 1,000 Final payment to be made upon satlafac1ol y complellon of the Project The Contractor wUI submit a flnal tlnanclal and narrallve naport docunentlng the expenditure of all E.D.C. funds for which payment has been requestad and of matching local funds. S12,500 TOTAL Raqueata far payment will be initiated by the Contnlclor in accordance with the provisions ot Paragraph a ol the main body ot this contract. 5. llonffpdng Colorado Economic Development Commiaaion staff wtl monllor this Project on an 8Hleeded baala. 8. B,pgrtlng lcbtdYlt The Conlractor will submit an interim llnanc:lal and narrative raport property documemlng all expenditures ol E.D.C. funds at the time intartm paymenta .. 1'9qUNtad. The Contraclor w11 submit a final flnanc:lal status raport property documenting al upendlllna ol ED.C. l'\lnda at lie tlme ·b flnal payment la requested, In accordance wllh lie payrTWlt ldledule. eoc • 820 • Exhibit A Page 2 ot 2 Pages r ' I • • ( J COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 6, 2005 11 a i Redemption and Sale of Property acquired through the Housing Rehabilitation Fund Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 23, Series 1999 accepting assignment from the Englewood Housing Authority of all rights, assets and liabilities associated with tl-.e Housing Rehabilitation Loan Program an d also passed Ordinance No. 26, Series, 1999 amending Title 4, Chapter 3, by the addition of a new Section 13 entitled "Housing Rehabilitation Fund•. In January, February and July 2005, Council passed three separate ordinances approving redemption and sale of three other properties acquired through the foreclosure process. RECOMMENDED ACTION Community Development staff recommends Council adopt a Bill for an Ordinance approving the redemption and subsequent sale of 4165 South Washington Street (a single family home) acquired th ro ugh the foreclosure proc ess as defined by Colorado State statutes. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED TI1e Housing Rehabilitation Program was created in 1976 by the City of Englewood to preserve the ex isting h ous ing stock in Englewood, and to also address the problems that homeowners experience with th e financing of major household improvements. The City Attorney required that the new Housing Rehab Program not be administered directly by the City to avoid any conflicts with a State Statu te that prohibited any municipal government from making loans to its citizens. It was decided to use the Englewood Housing Authority (E HA) as the conduit to manage and operate the Program . The legal au thority t o operate and manage the Rehab Program was assigned to th e City in 1999 through an agreement with the EHA. It was determined at that time that the Program and City staff sho uld be under th e direct management of the Community Development Director. In order to a, oid an conflict wi th Colorado State Statutes, an enterprise fund was created under TABOR regulations known as the Housing Rehabilitation Fund (F und). The Rehab Program retained its own funding sources designated as Fund 45 and Fund 46 that are used to support the operations of the Program . ' • • --. .0 One of the functions of the Fund is to redeem properties that have gone through the foreclosure process. The Housing Rehabilitation Loan Program approves home improvement loans that are secured by deeds of trust, generally as second or third mortgages Uunior liens). The procedures of the Program require staff to have all foreclosures reviewed by the Rehab Loan Committee (RLC) after the property has been sold at a public sale. The RLC consists of 3 members, currently: 1) Jeannette Espinoza, Englewood Branch Manager, Vectra Bank; 2) Jennifer Nolan, Accountant, City of Englewood Accounting Department; and 3) Beatrice Lane, low-income homeowner and Englewood resident The foreclosure process is the primary tool for lenders to use to insure repayment of their loans. When a homeowner defaults, the lien holder is able to initiate the foreclosure process to collect the monies that are owed to them. This process is started by filing the required legal documents with the Public Trustee's Office. This filing triggers a whole sequence of events that is dictated by State Statutes. The Public Trustee will set a Public Sale date for the property and publish this information in a newspaper of general circulation for a minimum of four weeks. Each recorded lien holder receives a copy of that advertisement as well as a Public Trustee's Notice of Rights to Cure or Redeem. Each junior lien holder must file a Notice of Intention to Redeem within 60 days of the Public Sale date if they are interested in redeeming the property to collect their own indebtedness. If the Intention to Redeem is not filed, then the lien holder loses their rights under the deed of trust provisions and the property is no longer collateral for their loan. The homeowner can cure the default any time from the initial notification through the 75-day period following the Public Sale. This time frame represents approximately a four-month time period. If the homeowner redeems the property, then the foreclosure process is ended and there is nothing the junior lien holder is required to do. All liens remain in full effect If the homeowner does not redeem within the 7 5-day time period, the first junior lien holder has 10 days from that date to act on their Intention to Redeem and to pay the Public Trustee's Office the total redemption amount in certified funds. Each subsequent junior lien holder then has 5 days in which to redeem. This means that a junior lien holder will not know if they need to act on their Intention to Redeem until the homeowner's redemption period has expired and then only when notified by the Public Trustee as to the amount necessary to redeem the property. Given the very short time frames of the junior lien holder redemption period, properties redeemed through the Housing Rehab Program are always brought to the Council after the fact for ordinance approval. Section 72 of the Home Rule Charter requires that real property may be sold, but only by o rdinance, not using the emergency provision . Each property is brought before Council as early in the process as possible so that marketing efforts can begin . This process will expedite the sub sequent sa le and closing of the property. The foreclo sure notification for 4165 South Washington Street was received in early April 2005. The Publi c Sale w as set for May 25, 2005. The property was sold back to the first mortgagee who had initiated the foreclosure. The RLC was consulted at their June 2005 meeting and they reco mm ended filing the Intention to Redeem notice with the Public Trustee's Office. That notice was file d Jun e 23 . The homeowners final redemption date was August 8, 2005. As the second mortgage e, th e City of Englewood was notified on August 9 by the Public Trustee's Office of the e ac t amount ne eded to redeem the property no later than August 18, 2005. A wire transfer from Colo nia l Bank was sent on August 18, 2005 to the Public Trustee's Office. A letter was hand d eli , ered August 19, 2005 requesting that a Public Trustee's deed be issued in the name of the City o f Engl ewood-H o usi ng Rehabilitation Fund . t • • ( The redeemed property will be sold to a private owner-occupied party who has secured their own financing. The funds that were used to redeem the property will be returned to the Housing Rehabilitation Fund 46 when the property is sold. If an offer to purchase the property is received from any City of Englewood employee, their family members, or any business in which a City employee has a financial interest, then staff will submit the offer to the City Council for approval. FINANCIAL IMPACT Fund 46 will cover all costs of the redemption and the sumequent sale of 4165 South Washington Street There are no other financial impacts to the City. UST OF ATTACHMENTS Notice of Intention to Redeem and Affidavit of Amount Owed letter requesting deed for 4165 South Washington Street Bill for an Ordinance NOTICE OP INTENTION TO RF»EEM AND APll'IDAVIT OP AMOUNT OWED TO 11fl! PUBLIC TRUSTlll! OF 1116 ________ c-, or •-•p•boa Inf_._ ...... 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June 22, 2005 City of lqlwood .--.1q lababllltatl-F,ad .... 11,ia alfodewil ii --,il,ed Md'""'"' IO llefun, -this~ day ul' ___ J __ ---,---~ 20~ la lhe COIIMy of AffRfbpt . ~ .tC ......... Witaeea .., hand and Hal. lly CoaaiHion uplrH Sept. 22, 2005 ... v:', ...... . r .. ~, ~\f , t·1'• -!.· • \ ~~~ 1;. ~ • \ ·~· .. ·''ll111 ,~. ,.; i . \.'\, ;;; i.}<:·~···' ····· t ............. .._....,., ....... ...._. .. .., ................... ~., ............ _ ...... ........... •==-=--=----_-..;:-~-=----~ ----======" ............. , ............ ..,..,... .......... .......wn ............ ,, ............... MJ ..... A ......... f'O--W--N!tllt -•---.... ------ {' C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT August 19, 2005 Arapahoe County Public Trustee 2329 W . Main St, Suite 100 Littleton, CO 80120 To Whom It May Concern : As a result of redeeming the Public Trustee's Foreclosure Sale No. 0918-2005, please issue a Public Trustee's Deed to: City of Englewood -Housing Rehabilitation Fund 1000 Englewood Parkway Englewood, CO 80110-2373 Enclosed is $36.00 to cover the cost of issuing the Deed for the property located at 4165 S. Wash ington Street, Englewood, CO 80113 . Please let me know if you have any questions. Sinc erel y, 1 .?.::·~~A~,illt Housing Finance Specialist Enclosure H'~NMlllllltl9191itl ... ¥fl"W _. ...................... """**Hltif'IN)411r ~l-71U195 -·· .. .. .. / • ' ( 0 . BY AUTHORITY ORDINANCE NO. COUMCP BUI _ AG SERIES OF 2005 IN1'ROOUCED BY COUNCll.. MBMBEll ------- A BILLFOll / AN ORD.INANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPBR.TY LOCATED AT 416S SOUTH WASHINGTON ., STREET IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood accepted assignment from the Englewood Housing Authority of all rights, assets and liabilities associated with the Housing Rehabilitation Loan Program 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 Rehabilitation Program was created in 1976 to preserve the existing housing stock in Englewood and to address the problems of low- income families with the financing of major household repairs; and WHEREAS, the Rehab Program approves home improvement loans that arc secured by deeds of trust recorded on the property representing generally second or third mortgages; and WHEREA , occasionally homeowners default on their loans and the lien holder initiates the forec losure process by filing the required documents with the Public Trustee's Office; and WHEREAS, the property located at 4165 South Washington Street has a Rehabilitation Loan with the City holding a second mortgage; and WHEREAS, this property went to public sale on May 25, 2005, and the property was sold back to the first mortgagee who initiated the foreclosure; and WHEREAS, the Englewood Rehab Loan Committee was consulted at their June 2005 meeting and they recommended filing the Intent to Redeem Notice with the public Trustee's Office; and WHEREAS, the homeowner failed to redeem the property, within their 75-day redemption period; and WHEREAS, the City (the second mortgagee) was notified on August 9 , 2005 of the amount needed to redeem the property no later than August 18, 200S; and \ HEREAS , the City redeemed the property on August 18, 200S and requested that the deed be issued to the City of Englewood Housing Rehabilitation Fund; and -1- ' • • WHEREAS, the redeemed property located at 416S South Washington Street will be sold to a private owner-occupied party who has secured his 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 has 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 416S South Washington Street. Section 2. The Mayor and the City Clerk are authorized to execute the proper form of deed for the conveyance of the property located at 416S South Washington Street, Englewood, Colorado pursuant to Section 71 of the Englewood City Charter. Introduced, read in full , and passed on first reading on the 6th day of September, 200S . Published as a Bill for an Ordinance on the 9th day of September, 200S . Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 6th day of September, 200S . Loucrishia A. Ellis -2- ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN mE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE. STATE OF COLORADO PERTAINING TO THE MARY CARTER GREENWAY EXPANSION AND BUFFER. I WHEREAS, in November 2003 the voters of Arapahoe County approved a county-wide sales and use tax to be used for specified Open Space purposes as set for the in County Resolution No. 030381; and WHEREAS, County Resolution No. 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood submitted an application for the award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $217,530.00 for the Mary Carter Greenway Expansion and Buffer ("Grant Project"); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado and the City of Englewood for the Mary Carter Greenway Expansion and Buffer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of · Colorado for the Mary Carter Greenway Expansion and Buffer, attached as "Attachment I", is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A (the Grant Application), to Attachment 1 (the Intergovernmental Agreement), is available in the Office of the Englewood City Clerk. Section 2. Pursuant to Article V, Section 40, of the Englewood Home Ruic Charter, the City Council has determined that this Ordinance shall be published without exhibits because of its size . A copy or those exhibits are available in the Office of the Englewood City Clerk. -1- ' • • Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed OD first reading OD the 15th day of August, 200S. Published as a Bill for an Ordinance OD the 19th day of August, 200S. Read by title and passed on final reading on the 61• day of September, 200S. Published by title as Ordinance No. _, Series of 200S, on the 9th day of September, 200S. ATTEST: Douglas Gmctt, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordioancc No. __, Series of 200S. Loucrisbia A. Ellis -2- .t ( • • INTERGOVERNMENTAL AGREEMENT REGARDING 2005 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: MARY CARTER GREENWAY EXPANSION AND BUFFER This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 030381; and WHEREAS, Resolution No. 030381 authorizes the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds'') to be distributed to municipalities, as more fully set forth therein; WHEREAS, on May 31, 2005, the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as Exhibit A, ("Project Application"), subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County; and WHEREAS, these intergovernmental agreements arc authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203 (2004). NOW, THEREFORE, the County and the Grantee agree as follows: I. 2. 3. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the amount not to exceed $217,530.00 from the Arapahoe County Open Space Program for the Mary Carter Greenway Expansion and Buffer ("Grant Project''). Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as set forth in its approved Grant Application, which is attached hereto and incorporated by reference herein as Exhibit" A". Time For Use of Grant Funds. The Grantee agrees that such Grant Funds will be expended by no later than one year from the date of this Agreement, unless a longer period of time is otherwise agreed to by the County in writing. A T T A C H M E N T 1 • ' • 'l -- 4. 5. 6. 7. 8. 9. 0 0 Interest on Grant Funds. The Grantee further agrees that, after receipt of its Grant, the Grantee will use any interest earned on the Grant only for the Grant Project as set forth in its approved grant ,application. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the amount of Grant Funds awarded by the County to the Grantee. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, and/or at the completion of the Grant Project. Acknowledgement of County by Grantee, The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same. If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Required Sign at Project Site. Grantee agrees to erect at least ono sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program. The location, form, design. and wording of such sign shall be approved by the County. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is the earlier. Report Requirements. On or before December 31, 2005, the Grantee agrees to provide the County with an annual update report that describes the amount of progress in completing the Grant Project, Grant Project milestones, and the use of the Grant Funds to date. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a final report, including a letter that certifies what the Grant Funds have been used for and that the Grant Funds have been used in accordance with County Resolution No. 030381. In addition to the final report, Grantee shall also submit to the County a final project summary that discusses the Grant Project and includes photographs ot' the various stages of the Grant Project development, including a photograph of the Grant Project at the time of completion . The County shall be allowed to use the above photographs in publications, public information updates, and on the County web site. The Grantee further agrees to provide the County with an electronic copy of the final report and project summary along with digital photographs. 2 ( ' ( • • ( 10. 0 Failure to Submit Required Reports . Upon written notice from the County's Open Space Manager, informing the Grantee that it has failed to submit any required annual update report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Manager within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this Agreement The Grantee shall be ineligible for any future Grant Funds, until and unless such reports have been submitted to the County's Open Space Manager. 11. ~ KcepinK Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years. 12. Reimbursement of Grant Funds, The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/or this Agreement, the County may require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided bylaw. 14. No Waiver ofRimts. A waiver by either party to this Agreement of the breach of any tenn or provision of this Agreement shall not operate or be construed u a waiver of any subsequent breach by either party. , 15. ChauKes to Grant Project. The Grantee agrees and imderstapds that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Changes must be requested in writing and may not begin until an amendment to this Agreement has been approved by the County. 16. Transfer of Interest in Grant Project. The Grantee understands and agrees that no land or interests acquired with the Grant Funds u pan of the Grant Project may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or pcnnit on said land or interests be given, without prior approval of the Grantee's governing body after conducting a public hearing. The Grantee further agrees if such sale, lease, trade or conveyance is made or an exclusive license or intaat has been given, the proceeds shall be deposited in an open space fund to be used for purposes consistent with Resolution No. 030381. 17 . Relationship of the Panics. The Grantee shall perform all duties and obliptiom under this Agreement as an independent contractor and shall not be deaned by 3 ' • • .0 D. .~., virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 18. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. 19. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 20 . Written Amendment Required, This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 21. V enuc. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 22. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street CITY : Littleton, Colorado 80166-0001 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department · 10730 East Briarwood Avenue, Suite 100 Centennial, Colorado 80112-3853 and City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 4 ' ( • • ( and Daniel Brotzman. City Attorney City Attorney's Office 1000 Englewood Parkway Englewood, Colorado 80110 23. Applicable Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 24. Extent of Agreement This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof: and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25. Attorney Fees. If litigation is commenced by either party concerning this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the other party. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement 27. Incorporation of Exhibits, Unless otherwise stated in this Aarecment. any exhibits, applications, resolutions, or other documents referencod in this Agreement shall be incorporated by reference into this Agreement for all purposes. 28. Section Headings. The headings for any section of this Agreement arc only for the convenience and reference of the parties and are not int=ded in any way to define, limit or describe the scope or intent of this Agreement 29. Signatures , The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. s • t IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below . DATED this_ day of ______ ___, 2005. ATIEST: By:. _______ _ City Clerk Loucriahia A. Ellis APPROVED AS TO FORM: By:. _______ _ City Attorney Daniel L. Brotzman ATIEST: By:. _______ _ NIDC)' A. Doty, Clerk to the Board APPROVED AS TO FORM: By:. ________ _ Assistant County Attorney GRANTEE: CITY OF ENGLEWOOD BY:·,---~--=-----Name 0ou9la• Garrett Title Mayor COUNTY OF ARAPAHOE STATE OF COLORADO By:.~---=----- Lyma Myers, Chair, Board of County Commislionen 6 () • • (J COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 6, 2005 11 Ci Resolution to Amend Prior Resolutions Approving Loans for the Housing Rehabilitation Enterprise Fund Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance 23, Series 1999 assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority. Also approved was Ordinance 26, Series of 1999 establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003 creating the City of Englewood Housing Rehabilitation Enterprise Fund . Council approved Resolution 33, Series of 2000 and Resolution 77, Series of 2003 authorizing an agreement establishing a line of credit with Vectra Bank for the continuance of the Housing Rehabilitation Fund. Council approved Resolution 47, Series of 2005, authorizing an application for a line of credit with Mile High Housing Fund and approved Resolution 75, Series of 2005, authorizing a loan with Colonial Bank. RECOMMENDED ACTION I To approve a resolution amending Resolutions 47 and 75 , Series of 2005, to authorize the loan funds to be used for the purpose of fu~ding and reimbursing the redemption and the associated cos ts of foreclosed Englewood Housing Rehabilitation Enterprise Fund properties. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council approved an application for a line of credit with Mile High Housing Fund and a loan with Colonial Bank as Resolutions 47 and 75 respectively to support the Housing Rehabilitation Enterprise Fund with th e redemption of foreclosed properties. The language in both resolutions is res tr icting the monies received to be use d only for the current redemption of foreclosed properties . The past foreclosure and associated costs are not interpreted by the City Attorney's Office and the Accounting Department as eligible ex p enses under the current language. Associated c osts can include, but are not limited to, any of th e following types of expenses: • Real Es tate Fees • Eviction costs t • • • Payment of delinquent property taxes • Utility billings (water, sewer, gas, electricity) • Security of the property (changing of the locks, timers, etc.) • Structural rehabilitation • • • • • Painting Clean up Appraisal fees Marketing and advertising costs Outside maintenance The associated foreclosure costs are an integral part of the foreclosure process and need to be included in the language of the resolutions. FINANCIAL IMPACT Existing Community Development staff administers the Housing Rehabilitation Fund. The Housing Rehabilitation Fund will assume all risks associated with redemption and the associated costs. LIST OF ATTACHMENTS Resolution • t .. • • A RESOLUTION AMBNDINO THE LANGUAGE OF RESOLUTIONS NO. 47 AND NO. 75 SERIES OF 200S BY CLARlFYING THE USE OF THI! FUNDS AUTIIORIZFD FOR THE PURPOSE OF FUNDING TIIE RBDP.MPTION OF FORP.cLOSED BNOLBWOOD ROUSING REHABILITATION ENTERPRISE FUND PROPERTIES. WHEREAS, the Englewood City Council approved Ordinance No . 23, Series of 1999 assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority; and WHEREAS, the Englewood City Council approved Ordinance No . 26, 1999 establishing the Housing Rehabilitation Fund and Ordinance No. 31, 2003 creating the City of Englewood Housing Rehabilitation Enterprise Fund; and WHEREAS, the Englewood City Council approved Resolution No. 33, Series of2000 and Resolution 77, Series of2003 authorizing an agreement establishing a line of credit with Vectra Bank for the continuance of the Housing Rehabilitation Fund; and WHEREAS , the Englewood City Council approved Resolution No. 47, Series of200S authorizing an application for a line of credit with Mile High Housing Fund in the amount of SI ,000,000.00 and Resolution No . 75, Series of 2005, authori7.ing a loan with Colonial Bank for $250,000.00 which reduced the authori7.Cd line of credit with Mile High Housing Fund by that amount to support the Housing Rehabilitation F.nterprise Fund with the redemption of forec:loaed properties; and WHEREAS, while the language in Resolutions No. 47 and No . 75, 2005 reatric:ted the moaiea received to be used solely for the redemption of the foreclosed propertiea this amendment would expand the allowed use of the funds to include "associalcd costs" which an: an inlegral part of the foreclosed Englewood Housing Rehabilitation Enterprise Fund properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-The City Council of the City of Englewood hereby authorizes amending Resolutions No . 47 and No . 75 Series of 2005 to authorize the loan funds to be used for the purpo se of funding and reimbursing the redemption and the associated costs of foreclosing Englewood Ho us ing Rehabilitation Enterpri se Fund' properties. ADOPTED AND APPROVED thi s 6* day of September, 200S . ATIEST : Douglas Garrett, Mayor Loucrisbia A. E.llis, City Clerk ' • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby ccnify the above is a true copy of Resolution No._, Series of200S. Loucrishia A. Ellis, City Clerk. • • ( ( Call to order (l: 4l.m. Invocation ~ ·• • • 1. 2. 3 . Pledge of Allegiance----- 4. Roll call Members: Moore Ganett ,/ 1 present ___ __;absent 5. CC~inutes COUNCIL • MNllllg WOfUIII - • ,. I I J ·--...../ •· • ·• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 6, 2005 I. Call to Order J;t.L' L '?,Ti The regular meeting of the Englewood City Council was called to order by Mayor Garrett at . p.m. \ \ \ 2. Invocation ~~~ The invocation was given by Council Member Barrentine ./ \ \ S 3. Pledge of Allegiance The P1 cdge of Allegiance was led by Mayor Garrett./ Roll Call /Present: ./ / ./ / Council Members Tomasso, Moore, Barrentine , Garrett, Bradshaw , /Wolosyn, Woodward/ Absent: None A quorum was prese nt . (ti ~ t r: f 1)e\J. ltlJ }J :fP /Y Also,pret;!c,~·~:;~1~:g:;.~=~~n~ Ch{ ~(l~ NUIUi ~-J () 0.. {O ~~~ ~"(I { ,.l '"-Z.. Assistant City Manager Flahenyv" \' \lV""' C,ty Clerk Elhs .I f,(\\~ ~ Director Olson. Safety Services v"' / «&)Jt-1) .C..· ~ Housing Finance Specialist Grimmett. Community Development 5. Conskll'ratlon of M lnutes of Previous Session (a) COUNCIL MEMBER~, AND IT WAS SECO~ APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2005. \ · ti" Ayes : Council Members Barrentine , Moore, Bradshaw, Garrett. Wo losy n, l9 ~ 1..,~ Woodward. Tomasso ~ . Nays : None Motion carried. 6 . Recognlllon of Scheduled Public Comml'Dt 3 :,f'.> (a) Serafin Gar~ia~nd!o;d~r the propen at ~893 .outh Jvoadway,,will be present to address CityQ Cou ncil. 1'n,(; OOZ>"Jrv.t)'~~ ~· ~ ~~? t-3r> ~. n~J Pfb-.J16 7 . Reroinltlon or UnschedulNI Public Conumat ~oO 1 . ..m , . TC4"«~ ~ • :p.-,\A T<.kLu; -~o ~' ,,.,..,,,.,_ ,.,,,,,C,i,iE.ll,t~5-l -rod.;.~ • ..,....., -'1~7 \ (S'h;fk~ fr1t,y1"\ 50'f .,,., Ctmmnnic1Ui9ns. P.t;.oclamatlom iad tmnts ..... .' _ ~~ . '/ • ~__:;- lg l\ \o -cl .. ~-tr1'n\. '"'-~~·O""' ~o~ ,GIA i} proclJmat1ondech1nngSeptembcr:!OO ··pin ,.;arenc Monlh"inthe 1tyofEnglcwood ""6"\ · \V',la, ·-"'"" ,JJIA~ ' • • • ., Englewood City Council September 6, 2005 Pagel 11\I ~Q....; ,Llt>\O~~ COUNCIL MEMBER~ MOVED, AND IT WAS SfocONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2005 AS "PAIN AWARENESS MONTH" IN THE CITY OF ENGLEWOOD. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett , Wolosyn, Nays : Motion carried. Woodward, Tomasso 1 , _ / None C,J [,u,U~ ~-fe.JJ' ilf'r I), A Proclamation declaring September 2005 as "Keep Englewood Beautiful" month was considered. COUNCIL MEMBER __ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2005 AS "KEEP ENGLEWOOD BEAUTIFUL" MONTH. Q Ayes: 1/ Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso J ,.r L / None (J}IXJAWIAd, /lULfi<-C/ ft, 9. AP Consent Agenda (a} Approval of Ordinances on First Reading There were no additiona~~ for approval on fi~s~;r~,:_,(Scc Agenda Item 11.} COUNCIL MEMBER MOVED, AND IT WAS ~CONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). l,,, 0 (b} Approval of Ordinances on Second Reading (i) ORDINANCE NO ._, SERIES OF 2005 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE ST ATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT lN THE ENTERPRISE ZONE. Vote results: Motion carried . (c) Ayes: Nays : Council Members Barrentine , Moore, Bradshaw, Garrett , Wolosyn. Woodward . Tomasso None Resolutions and Motions There were no additiona l resolutions or motions submitted for approval. (See Agenda Item 11.) 10. Publk Hearing Items No public hearing was sc hed uled before Council. II. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (1) Housing Finance Specialist Grimmett pre sented a recommendation from the Community De ve lo pment Department to adopt a Bill for an Ordinance approving the rcdempcion and ubsequent sale of 4165 So uth Washingto n Street , a single family home which was acquired through the foreclosure process. ,, ' .. .. • • --·• • .0 Englewood City Council September 6, 2005 Page3 ~ COUNCIL MEMBER~ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 11 (a) (I). D COUNC IL BILL NO . 40. INTRODUC ED ;;J ;OUNCIL MEMBER ----- A B[LL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABJLIT A TION PROPERT) LOCATED AT 4165 SOUTH W ASHJNGTON STREET IN THE C ITY OF E NGLEWOOD, COLORADO. Vote results: Motio n carried . (b ) Ayes : Council Members Barrentine , Moore , Bradshaw , Garrett , Wolosyn , Woodward, Tomasso Nays: None Appro val o f Ordinances on Seco nd Reading (i) Council Bill No . 3 1. an Intergo ve rnmental Agreement with Arapahoe Co unty to use Open Space Grant Funding for constructing improvements to the Mary Carter Greenway was considered . COUNCIL MEMBER~ED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 11 (b) (I)-ORDINANCE NO._, SERIES OF 2005. ORDINANCE NO._, SERIES OF 2005 (COUNCCL BILL NO. 3 1, INTRODUCED BY COUNCIL MEMBER BRADSHAW) A BILL FOR AN ORDINANC E AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AN D THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE. ST ATE OF COLORADO PERT AJNING TO THE MARY CARTER GREENWAY EXPANSION AND BUFFER. Vote results: Motion carried . (c) Ayes: Co uncil Members Barrentine, Moore. Bradshaw , Garrett , Wo los yn, Woodward . Tomasso Nays: No ne Re so luti o ns and Mo ti ons (i) Housi ng Fi nance Speciali st Gri mme tt presented a recomme nd atio n fro m th e Commun ity De vel o pme nt Department to approve a reso lu tion ame nd ing Resolut io ns 47 and 75. Se ries o f 2005 , to au thorize the loan fund s to be used for the pu rpose of fund ing th e redempt io n and th e associated costs of fo reclosed Eng lewood Ho us ing Rehabi litatio n Ent erprise Fund propert ies. CO UN CIL MEMBER~' AND IT WAS~ TO APPROVE CONSENT AGENDA ITEM 11 (c) (I)-RESOLUTION NO._, SERIES OF 2005. ~ RESOLUT ION NO . _. SERI ES OF 2005 A R ESOLUTION AM END ING T HE LA NGUAGE OF RESOLUT IO NS NO . 47 AND NO . 75 SE RI ES O F 2005 BY CLAR IFY ING THE USE OF T HE FUN DS AUT HORIZE D FOR T HE PURPOS E OF FU NDING T HE REDEMPT ION OF FORECLOSED EN GLEWOOD HOUS IN G REHABI LITATION ENTERPRI SE FU ND PROPERT IES . \' ole rHU lts: Ayes : Co uncil Members Barrentine. Moore. Brad haw. Garren . Wo losyn. ' • • tnglewood City Council September 6, 2005 Page4 Woodward, Tomasso Nays : None Motion carried. ~C) 12 . General Discussion (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member~~~-la/r{(¥.o/O'iJ'j v.S . 'd-'.l.~(ii) CouncilM.ember _ • l!!i' fJ. 6 .L.1.. •• ~ __ ;}(..,' ~ ~fS ~i+ o.fll"+. ~ ~ fff.lJ/tl,U II"""' (JVl'"T"'~ t 1Sb · todd · ~ (~~-r,Council~ l">'/3· /J)()~ p,t)~'il--W1Utt-( ~ (iv) Council Member ~ /3()(-~. JSZ.V'_../Va.,,,Cf~. ~30'/ 'I~-~ -14/<- (v) Council Me~bcj .. -• .,/ 4 ,./ ~JL..£. • ;l~1 W~ .-rW ',-,-----;~·- (vi) Council Member ~~ ~~3 W0""'1"-" S K..~tA.--PP ~ CltyM111111pr'1Report ~~-61:t:s ~-:_~ ;} Cittjanager Sears did not have any matters to bri~,.,..;,,-~ -,e...-,i.) ;;I $" lh City Atto~s ~eport ~ny Attorney ~•uhd not have any matters to bring before Council . 15 . Adjoumawat i : Cf (p MAYOR GARRETT MOVED TO ADJOURN. The meeting adjourned at __p.m . lr-tD1-T~- pos5st,b/t, ~&>it n1utuix .. · w- )'o/,O 1{ ~it> -~tllv w/ ~ft.J C it y C lerk ,, "I -~ fltiiw,. ,L ~hA ~--, '/;ti) ~ 1"~ ' • • .0 0 ' . . . .. ... ... • . : . . • • .0 0 . : ' . . • • ., --. 0 2. 3 . Pledge of Allegiance. 4. RollCall. flJ)J~ 5 . c~?orWV)Jr:evio'MatJr,A11=-\ J IAr7l j tlfld _..-~-Minutes from the Regular City Council~~n~ of ~~t 15,j?i~~U r, 0 : 1 Ir 'A t l»LhJ..lJ_ 7 ~ ~ -1-· Recognition of S duled Public Comment. (Please limit your present ·on to ten minutes.) a. Serafin Garcia, landlord for the property at 2893 South Broadway, will be present to address City Council. iclamallon decl nng s;;;;~~ ·Keep Engl . wood Beautiful· month. e,1 e note, If you N\ e a d1sabd1ty nd need u 1liary aids or sen ices, please notify the City of Englewood (30).:''62--40:') t It-a I 48 hour III a<hance of w~n senice, ate needed. Tiwlk you. ' • • Engl ewood City Council Agenda ~~ September 6, 2005 ff}i ~, A .,I Page 2 ft5 j,,f',/ _.. 9 . 10. Consent Agenda Items. 96--1 a. b. c . Appro~rdinances on First Reading . Approval of Ordinances on Second Reading i. Council Bill No. 38, accepting a $12,500 grant from the State of Colorado. This grant will be used to fund marketing and administration activities for the Arapahoe County Enterprise Zone. Resolutions and Motions. Publi7 Items. (No Public Hearing Scheduled.) 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . 1t75'- Council Bill No. 40 -Recommendation from the Community Development 15epartment to adopt a Bill for an Ordinance approving the redemption and subsequent sale of 4165 South Washington Street, a singl~· · was acquired through the foreclosu~~)es~STA~ SOUR net Grimmett, Housing fin;ance Specialist ~~ b . Approval of Ordinances on Second Reading. f1J / _!J/__ i. Council Bill No. 31, Intergovernmental Agreement with Arapahoe County to use //}~.::;'"},Open Space Grant Funding for ,swrs~Uj!i2' 1~p~ments to the Mary Carter ~ / {/Greenway. ~1-~ c. Resolutions and Motions. a. Mayo r's Choice. b. Co uncil Members· Choice. Pl ea e note: If ou ha\ a d1!.lbll11) .lnd need llWUbry ilids Of W'fVICM. ple.ase notify the City of Engle-.-ood (3 03· 62 ·2407) ,ll le.i t 48 hours rn ad\ilOCe of 11SMn sen ices ¥e needed. ~ you t ·~ . .. ( • • C En glewood City Council Agenda September 6, 2005 Page 3 13 . City Manager's Report. 14. City Attorney's Report. 15 . The following minutes were transmitted to City Council from • Board of Adjustment and Appeals meeting of July 13, 2005. • Code Enforcement Advisory Committee meeting of July 20, 2005. • Non-Emergency Pension Board meeting of May 10, 2005. • Parks and Recreation Commission meeting of July 14, 2005. • Englewood Public Library meeting of July 12, 2005. • Transportation Advisory Committee meeting of July 14, 2005. Plea e no te: If )OU ha,·e a disability and need aUlOIQry aids Of services. pie~ notify the City ol Enalewood (30 3-762-2"')7) at least 48 hours in advance ol when seMCes are needed. lNilk • ' • •