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HomeMy WebLinkAbout2005-11-21 (Regular) Meeting Agenda Packet·• • • Regular City Council November 21, 2005 Ordinance 11/, 58, 59, 60, 61 Resolution II ~ ~8, 89, 90, .. . : .. , .. . •' •' f , ~- Meeting 91 1 ... •.. .. .... • ,.,.......1 ( \ I • ( \ ~J • • .. ... 0 ' .. • • .I-, • • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session November 21, 2005 ~1· h0 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :35 p .m . 2 . Invocation The invocation was given by Council Member Barrentine. 3 . PledgeofAUealantt The Pledge o f Allegiance was led by Mayor Wolosyn. 4 . RoUCall Present: Absent: A quorum was present . Also present: Council Members Tomasso, Moore, Barrentine, Oakley, McCaslin, Woodward, Wolos yn No ne City Manager Scars City Anomey Brotzman Deputy City Manager Flaheny City Clerk Elli s Deputy City Clerk Bush Director Olson, Safety Services Manager Stitt, Community Development Senior Planner Graham. Co mmunity Development Director Simpson. Co mmunity Development Director Kahm. Public Works T raffic Engi neer Vostry, Public W o rks Director Long, Library Po lice Comma nder Sanchez, Safety Services Fi re Battalion C h ief Fox. Sa fe ty Services Fire Captai n Pattarozzi. afet y Services 5 Consickrallon of Mlautts of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVDIBER 7, ao5. Muuun ·amed Ayes: Council Me mbers Barrent ine . McCashn. Moore. Wolosyn. Woodward , Tomasso. Oakley ays : one (a l Englc11,ood e1ghborhood Watch Block Capuin Mar F De W in 11,11S in-to address Ci1y <. oun..11 regarding \Chi le peed I ne.u Jason Park . ' • • Englewood City Council November 21, 2005 Page2 Mar y DeWitt. 4290 South Jason Street. said I live on the very south end of Jason Pirie and this is Pam Genova who lives at 3150 South Cherokee Street. She said I just wanted to bring up the issue about the race track around Jason Park . I've lived there almost 20 years and it has gotten way out of control . Everyone calls me and they come to my ' house .. .l know I'm doing the Block Capcainjob forfrce ... it'sjust that something needs to be done. We need to post some speed limit signs. I'm real good to the City ... l'vc brought you revenue with the speeders. It is just that I don 't need any more restitution or whatever it is called when they come back at me, because they know I'm the one that turned them in . I don 't know how you do it and you can do it probably very inexpe115ively ... rnaybe some speed bumps ... but, we do need the speed limit signs. because a lot of the young kids will say "I didn't know what the speed limit is" and I go "it is 25 miles an hour." When you come down Jason Street, there is Quincy coming down the hill and it will say 25. but anywhere around where you park, there arc no speed limit signs. So, I think they need to have the benefit of the doubt . They don't know how fast they arc going, but it has become a real iKue . Dogs arc getting hit, because it is a dog off-leash park. I am not a dog owner anymore because it just breaks my heart to see people's dogs hurt ... they treat them like their own kids . It is just that I don't want to live by the park anymore ... someone's kid is going to get hit by a speeder. !'ma mother and grandmocher and someone needs to help us o ut and that would be the City Council, please. Ms. DeWitt said Pam is a volunteer with our flowers at Jason Park and she has noticed the speeding where she works on the flowers . Ms. Genova said I go there, to the corner bed on Jason and Quincy, in the early morning and sometimes on Sunday and we plant and they just fly through there ... down the street and down the hill . Down at the boaom of the hill, on Quincy. is the digital speed limit sign and it is like a challenge. Ms. DeWitt said it is like an invite. Mayor Wolosyn said thank you. During this part of the meeting. Council will just listen and we may bring this up at the end at Council's Choice ... and I assure you that someone will . Ms. DeWitt said I hope so. It is goina ID be a real litigious undertaking for Englewood if someone's child is hit. I mean it is going to come out of the bud,et. I mean it Just doesn 't need to happen. I've seen a lot ofkids crash and bum on their boards and SIUff and I've helped them. It is just that I don't want the an1bulance bill to come to my house anymore. There is just so much that I can do as a vo lunteer. I need somebody with some muscle ... obviously it isn't me . Mayor Wo losyn said thank you. We will discuss this at the end of the meeting. Council Member Tomasso said ET AC will address this issue quicker than Council will . Ms . DeWin said there is some taggi ng o n the trash barrels .. .I'm glad you brought that up . Mayor Wo losy n said Mr. Tomasso is referring to the Englewood Transportation Advisory Commince, which will be one of the element s with which we deal with this. Ms. DeWitt said I have two metal stakes. I just need the sig ns ... the speed limit sig ns . I've got nut s and bolts . Mayor Wo losyn said okay. thank you . Ms. DeWitt said thank you . (b) Doug Cohn was present to talk with Council about issues that came up during his campaign conversa uons with citizens. Doug Cohn . 305 I South Marion Street. said thank you for this opportunity. Mayor Wolosyn. I would like ID ask one quc uon. before I ge t stancd here . The leuer you received in your packet. number 3 (l) ... reprdina thecrouwalk on Girard that is dangerous ... that was Girard and Sherman ... between Orchard Place and the Simon Cealcr. William Par~ 1s the fellow who talked with me about that. Sue Bradshaw mentioned that the City Slaff could take care of a number of those issues that I addressed an my note and I thank that is great. If the staff can wort Oii lOlm of thole things und perhaps all you guys too. can watch that . What I came 10 talk about tonipc WU the issue on the back 1de of that page ... the dog park. You are saying. oh no. not the dog park . What wa-e you avys tlllnkina abolil pulling the dog park an the flood plain by the creek? There is a report. which we all received oa Sew*mba 1s• from the CDM fellow ... the Water Qwll11y E,·aluation of the off-leash dog park in the flood plain by the creek. The concl usion in th, report. in the executive ummary. says, ''the propvsed dos park has die poeamal IO be a lipilicant threat to the 1u1er quality ,n the South Platte Ri ver and to the treatment of the South Piaae lb_. waler for pouble use in the uy· lien Water Trclltmcnt Plant." In the report they say there is-,. bale~ OIi dlte effects of • • Englewood City Council November 21, 2005 Page3 do g parks near potable water supplies and that is because the folks don't put them there. There were four examples in the book where they found dog parks near water ... the closest one that would relate to ours was up in Boulder, where they put the dog park along the edge of the lake. That was downstream from the water supply and that is the cl osest one they had. I guess I wonder. .. didn't it bother you that the engineers expressed serious concerns that Big Dry Creek goes into the Platte River just 200 yards upstream from where the intake is for the water treatment plant? In the report ii talks about the increases in the cryptosporidium and the coliform bacteria that will cost us, the taxpayers , a million dollars or more to mitigate, unless the dog park works perfectly. And it may cause huge fines for the water quality guys if they find that we have intentionally polluted the water. I guess what I am thinking here is you all have created an environmental danger, for no good reason. In the report the writers say that if every person picks up all the waste, all the time, there would not be a problem, but then they estimate in their report that in most of the dog parks that only 50% of it is picked up at all. .. almost guaranteeing the threatened results. Consider Jason Park, which the ladies mentioned just a second ago ... have you wondered why there are so few soccer teams that practice there anymore? Or why there are hardly any picnics in the summer time? I wish to offer you one slight modification in the dog park plan . I urge you to move the dog park across the sidewalk ... from the left hand side of the sidewalk to the right hand side of the s idewalk. If you look at the map, I have Windermere on the bottom of the map ... the long black line through the middle of the map is the 50 year flood plain line . Where it says proposed park, that is where you all have agreed to have it right now ... the black line is the high water line in the 50 year flood plain . If the park was moved into that fuzzy white area ... that I put the red lines around .. .it would be out of the flood plain and I think that would be a much better idea. You are probably asking at this point, why should I even consider this suggestion? By moving it out of the flood plain, we could save $24,000.00, or so, on part two of the water study that will be required if we put it in the flood plain and we would not have to build the $19,000.00 plus water retention pond and the water filters . The park could be configured to be almost the same size. There is an old water ditch ... I'm guessing ... that used to go to the Allen Plant. .. running parallel to the sidewalk, on the uphill side, that would catch and trap a lot of the waste and keep it out of the flood plain . There is a retention type pond right on the corner of Windermere, where the drive-in goes into the parking lot. I don't know what that is for, but it looks like a great retention pond to me . Why would you want to make these changes? It seems to me that it could free up $60,000.00 in next year's budget ... money that we would not have to spend. By getting the dog park out of the flood plain, the City would not have to hire the dog poop police to make sure that all of the waste was picked up immediately. Again, in the study, they suggested only about half of the waste was ever picked up . The money could be saved because the City would not have to buy the fancy poop bags for the guys to use. We could avoid huge potential fines from the water quality fellows for intentional water contamination. And we would not have to s pend a million dollars to upgrade the Allen Plant to cope with the extra contamination that we put in the river. I guess yo u could ask the question ... well can't we just have the dog park where it is? The answer is yes. you have already decided that. You have already argued about it for two years ... you already voted on it ... you already appropriated the money. I am suggesting that you call the CDM guys and ask them the one question that doesn't appear that yo u have asked them ... do you recommend putting a dog park in the flood plain by the creek? Would it be a bette r idea to have it across the s idewalk out of the flood plain, where we can save a lot of money and have a more e nvironme nt a ll y fr iendl y place for the dogs to play? Mayo r Wo losyn said th ank you Doug . (c) Me mbers o f the E ngle wood Fire fighters' Combat C halle nge T ea1J1 were present to discuss the upcoming internatio na l combat c halle nge . Ro man Rede said tha nk you very muc h a nd I promise to be brief here. I know a lot of you guys know u:t, but I also know t here are some new City Council members , so just let me take a minute 10 introduce ourselves . He said I am Ro ma n Rede. th is is Bre t Bo nenberger. Dan Alley, Troy Nicholson, Reggie Blac ke and Denni s McTagan. We are the Eng lewood Firefighters' Combat C hallenge Team. For those o f you who are not familiar with the Combat Challenge. the Combat C ha ll e nge is a head to head race that links together five different events that s finulate tasks that we may dn on an act ua l fire ground . These tasks can range a nywhere fro m stair climb, forcible entry IO victim re ue . Our team has been competing for severa l years now and wi th the help o f the Ci1y Council we have been a ble 10 travel across the country and compete in a range of d ifference events . Severa l months aao, this Council gra ·1o us ly agreed to sponsor our team in two differcnl events. Bac k in June we traveled IO Frc-. C alifornia and competed in one of t he large I reg, nal qualifiers in lhe Nalion. Our team d id very well . Our relay team llllde it to the champion hip final A lot f SCI personal records and ow tandem team took third place o \'Crall . We wae hedulcd to go to Deerfield Beach. Flmda November l " to ~pmpetc 1n the World f"vefiptcn Combat Challenae ' • • Englewood City Council November 21, 2005 Page4 ·• • • where teams come from as far away as Germany to compete. However, Hurricane Wilma forced them to postpone that event. It ha s been postponed until Tuesday. November 2911,. so as long as Hurricane Gamma doesn't get us, we are going to go down there and hopefully show them what the real Englewood is. To show our appreciation, we wo uld like to present this Council with one of our Championship Banners that we received from Fremont. This is the one that we got from our relay team doing well on getting to the Championship Finals. So, that is all we have. We will come back in December and let you know how we did in Deerfield. Thank you very much for your time . Council Member Barrentine said congratulations. There was applause. 7 . Recognition of Unscheduled Public Comment (a) Bruce Cairns, 5515 South Sedalias Street, said I do want to say congratulations to the winners ... Mr. Oakley and Mr. McCaslin ... and welcome to the City Council. I have been involved in Englewood and Broadway for the past 30 years . I did a small stint in State Senate and I wish you luck , because I figured up that we have 201 man hours in the doggy profiling bill at the State Senate so ... Good Luck! I did not come to speak about dogs though . I wanted to speak a liulc bit about the idea of what is going on with the businesses and follow up on the meeting that just occurred. I was hoping I would have a chance to speak at that meeting on a more informal basis. But this is fine . I want to take this venue and hope we can do it in five minutes .. .I even have some pictures. What happened is .. .I have a piece of property that I work with that has been in our family. I have done business there, on Broadway. and I had a very good meeting with the City Attorney, City Manager and Harold Still where we had some issues that came up. What came up was I have a listing and we were asked at this previous meeting ... and I think it is on the record also ... how our businesses arc feeling ... so I have taken the risk to come here and say that. And the reason that I mention taking the risk is that I believe there is a risk in revealing a deal. because if a deal goes bad. other people may question it . And yet, we keep hearing about. .. whether it is the issue of parking, the issue of set backs or the issue of going and having the conversation. My conversation was excellent. We had one question about propert · schedules and how it affected the overall property and somebody thought it was split up . That has been handled and I appreciate those who helped with that. We will even have one scheduled by the beginning of the year. But. that is something the City Council should know, it's that entry level thing that was mentio ned in the Study Session. That happened and you need to know that and I want to be positive toward those that I dealt with in talking about that. The next thing that happened was the set back. Now what happened, I had a deal under contract. a c heck with a copy. though not on deposit ... although it still would have had to be refunded and I got the leuer that says we are terminating it. And they terminated based on set back, based on building parking and based o n the question mark about the property, which I have already alluded to and dealt with. In the parking, they were told that if they were to try to keep the same building. put another building up, they would run out of parking spaces. And it is one thing to have a redevelopment like the CityCcntcr and another thing to be talking about something that is 50. 75. 100, 125 feet of frontage. because that is what a lot of properties arc on Broadway . It almost see ms like it could be approached two different ways ... perhaps in the other redevelopments in other corridors and longer stretches ... go for more the setback of zero to five feet . I was quite surprised, to even know the City had already done that . I wasn't aware that it had happened. But I think that something Council now, after the conversation an hour ago. wants to look at. .. where do we go with the setback? One thing that may bring some incentive in. where you work with the TlR's ... Tax Incremental Revcnue ... where you arc able to have a situation where somebody gets a good incentive, an offset on some sales tax he i going to be bringing in, if he docs build closer 10 the property. I will. of course, because of losing that deal , have to bring. to the Board of Adjustment. a varia nce and try 10 get the setback that matches up wi th the pictures that I have here . I think it is very important for you all to consider that. And the second thing ... about parking ... redeveloping a small piece of ground on Broadway m Englewood ... now I thank the important thing to think about is that Broadway is one of the few arterials in the City that actually offers parking. Because of that it should give a liule more flexibility in how one might address it. So we have ;ornc pictures . (Clerk's note : The pictures were passed among Council members.) Mr. Cairns said we also "ant to s ho " what "c arc domg an our bu inc:s . Start with that set and then the second set. (Clerk's nocc : At thi s poml. Mr. Cairns s tepped away from the podium and spoke. We were unable to produce an accurate record of his comment s .I Mr C Jam, siud many of these 75. IOO, 150 lots are grandfathered and some of them will be taken out of car dealership mt o a higher le,cl use . Some will ,tay m that and II is just very important, if they want to redevelop a bu1ld1n1.1, that "care able to ha,e that setback. And we. of course. want to get the same kind of treatment and , ,1n,1nces as "uh Burt. The one thmg. 100. that I want to leave a philosophy with you ... it is noc a confrontation, ' • • -· Englewood City Council November 21, 2005 Pages ·• • • 0 because our discussions have been wonderful over the course of a year with the City and with some of your City Council people, but my 95 year old Dad who owns this property ... whcn I told him what had happened to this deal , he said, "that is taking." I mean the guy is sharp. Sometimes you have to say it twice on the phone, but he heard that and that was his opinion, as a highly educated college professor. .. that's really got that property by selling a book at a dollar a time. And that is part of his life, part of his retirement and he was quite conccrncd that by having that control of five feet, without the City's name being on it, in a market place that has buildings that arc set back 25, 30 and 75 f'eet ... that is something that probably should be revisited. Certainly. I will go for the variance thing and I really appreciate the suggestion and any consideration that comes from the Board of Adjustment and the Council. But also. the variance would be very important to look al in changing ... rather than have a variance ... changing the law, so that the ordinance reflects something that is more realistic that way . And the same thing, as I mentioned before. being able to use the on-street parking and not restricting where rebuilding might happen. Mayor Wolosyn said we will take this under advisement and I appreciate the input . Mr. Cairns said sure and anything you could do would be great and let the market place go from there. Council Member Barrentine said I do have some questions , but I will bring it up under Council request if you would be so kind as to stay until then, I would appreciate it . Mr . Cairns said okay, thank you. (b) Richard Littler. 4437 South Lincoln Street, said the reason I am here is I am against the pit bull ban. Any dog that has teeth can bite . Anybody knows who has dogs, it is all in how you raise your dog. There sho uldn 't be a specific breed ban just because of the fact that a couple of dogs get some bad press . Also, the reason we bought our house in Englewood is we arc hoping that Englewood wouldn't jump on the breed bandwagon just like Aurora, Denver and such , because you know there arc a lot of educated pit bull owners out there and I don't think that you can just hold a whole breed of dogs accountable because of just a couple of bad ones. You know it is a form o f racis m against dogs. That is prclly much all I have to say. I am against it. (c) Clara Strogonova said I bought this building on Broadway and I thought I would renew it and make a piece of cake of thi s. So. I came to a roofing place and I asked ... can I put anocher roof on this building? And they sa id. the supervisor said. no you cannot. because it already has many pancakes on the top, so I bad to put o n a new roof. So I hired one scumbag. He gave me a reasonable price ... what I could afford . And they removed it all, maybe. I don ·1 know. maybe, they removed only part of the roof and maybe all of the roof, but they did the job and I paid them the rest of the money. It was a big chunk after buying this building. So in three months, Inspector Ham ilto n ... when I asked how they did. he said they did a good job. Three months later I got a first flood in my buildi ng . On my building ... this is a new roof. So I called the roofer. he came and patched it . So many dcfccts ... he approved th is inspectio n of the roof. but he did not notice flashing around the six skylights. He did not sec it ... what was not done. Flashing around the cooler o n the roof ... he approved it in every single case. So I got flood after flood ... flood after flood . I came 10 complai n to the Englewood government. but this time it was another man . They came 10 my roof ... threc or four people on my roof. they came. They loo.ked around and they left. I don·t know Mr. Sears was between them or not . And they did not say anything. They did not say that something was wrong with the roof. Now. the building is a round dome ... a beautiful , historical building ... 85 years old, gorgeous building. So this idiot scumbag. he put material on the lens of the door, leaving the seam of the top of the door. What happened? I have more than 100 degrees on the roof when the un hine . so he finished the roof in June . So for three month • three mont.hs later. I got the first flood . right ?...because it was c,acked. The seam was like a finger seam, but whose brain was working when it was done ... ( am not a roofer. I don'1 know how it is supposed to be . So. it is supposed 10 be material bringing hke this 10 cover the door. but he put the scam here. Now, anocher question, I came to the supervisor. the roofing supervisor. and I asked. do you have a pedal code on commercial buildings and he said. no we don ·1 have it . So 1h1s idiot umbag. he put shingles on my commercial building. ShinaJcs on a commercial building. Ma)o r Wo losyn said Ms . Strogonova your live rrunutcs arc up . M . Strogonova said I know ... but I came again to the ~uperv1l>Or. I said how come? ... and he said you have 10 sue him. so I took him to court. because thcR were damage m the tholl.>3nds . Ms . Wol~yn 1d I'm S01Ty . but I have to ask ... M . Siroaonova said still, now, the paint falls down from the roof. Ms. Wol yn .aid ,.c ... 111 bring thi up at the end of the mectina and ,et an update o n 11 . Thanl )OU. Ms . Strogonova said the Judgc said that tlus I ID) fault that the roofer did du ,ob. Ms. Wolosyn sa id thanl )OU. Ms . Strogonova .aid un~hevable. the judge ... M Wolosyn id you have to 111 doll'1' now and than!.. you ' • • Englewood City Council November 21, 200S Page6 Council Member Barrentine said I would appreciate it if you would stay for a moment, because it probably will be brought up under Council Choice at the end and I do have a couple of questio ns . Mayor Wolosy n said Laurctt you arc out of order. Ms . Barrentine said okay, but I don't want you to think that anyllody is being rude to yo u , because we do ha ve an opportunity to bring it up at the end. Mayor Wolosyn said Ms. Strogonova ... Ms . Strogonova said I fall down collecting water. I break my back fixing collecting the water. The inspector he ruined my life, he ruined my business . 8. Communications, Proclamatioos and Appolntamtts (a) A memorandum from the Keep Englewood Beautiful Commission requesting that City Council declare a vacancy with a term expiring February I, 2006 was considered. COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO DECLARE A VACANCY ON THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION WITH A TERM EXPIRING FEBRUARY 1, 2006. Ayes: Nays: Moti on carried . Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None (b) A memorandum from the Keep Englewood Beautiful Commission requesting that City Council declare a vacancy with a term expiring February I, 2007 was considered . COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO DECLARE A VACANCY ON THE KE.EP ENGLEWOOD BEAUTIFUL COMMISSION WITH A TERM EXPIRING FEBRUARY 1, 2007. Ayes: Nays : Mo tion carried . Council Members Barrentine , McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None (c) An e-mail from Randia Laga announcing her resignation from the Planning and Zoning Com mi ssion was considered. COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF RANDIA LAGA FROM THE PLANNING AND ZONING COMMISSION. Ayes : Nays : Motion carried . Council Members BiITTCntine , McCaslin, Moore, Wolosyn. Woodward , Tomasso, Oakley None (d) An e-mail from Regi Maclaren announci ng hi s resignation from the Transportation Advi50l')I Commi ttee was considered. CO UNC IL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO ACCEn THE RESIGNATION OF REGI MACLAREN FROM THE TRANSPORTATION ADVISORY COMMITTEE. Aye : Counci l Members Barrentine, McCaslin. Moore. Wolosyn, Woodward. Tomasso. Oakley ays : None Mo ti o n carried . 9. Consent Alftlda ' • • Englewood City Council November 21, 2005 Page7 (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submiued for approval on second reading. (See Agenda Item 11) (c) Resolutions and Motions COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (I)· RESOLUTION NO. 86, SERIES OF 2005. (i) RESOLUTION NO. 86, SERIES OF 2005 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM MONDAY. NOVEMBER 28, 2005 THROUGH SUNDAY, DECEMBER 11, 2005 . Vote results: Motion carried. Ayes : Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resoludon and Motions (a) Approval of Ordinances on First Reading There were no items s ubmitted for approval on first reading. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 54 approving a Federal Equitable Sharing Agreement with the United States Department of Justice was considered. COUNC IL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 56, SERIES OF 2005. ORDINANCE 0 . 56. SERIES OF 2005 (COUNCIL BILL NO. 54, INTRODUCED BY COUNCIi.. MEMBER WOODWARD) AN ORDI ANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ''FEDERAL EQUITABLE SHARING AGREEMENT' BETWEEN THE UNITED ST ATES DEPARTMENT OF JUSTICE AND THE CITY OF ENGLEWOOD. COLORADO PERTAINING TO THE DISBURSEMENT, WITH RESTRICTIONS. OF FEDERALLY SEIZED OR FORFEITED CASH OR OTHER PROPERTY . Vote results: Mouon amed Ayes · Council Members Barrenune. McCasbn. Moore. Wolosyn. Woodward, Tomasso. Oaklc ay None t • • - • Englewood City Council November 21, 2005 Page8 (c) Resolutions and Motions t":J . (i) Manager Stitt presented a recommendation from the Community Development Department that Council adopt a Resolution authorizing an agreement between the City of Englewood and Laidlaw Transit Services, Inc. for the 2005-2006 operation of the Circulator Shuttle in the amount of $213,722.00. He said tonight I would like to bring to your attention a contract extension for the Art Shuttle. As you know, the shuttle has been in operation for about a year now, actually a little over a year, and it has been quite successful. Of all the similar services that are offered through RTD or by their contractors, with the exception of the Boulder Hop and Skip, the Englewood Art Shuttle is by far the most successful with rider-ship, exceeding expectations. In fact, last month we had rider-ship approaching just slightly over 17,000 riders. So each month, with a few exceptions, rider- ship has been increasing and it has become very popular with the students that live in the community as well as the seniors and those people who would like to get around town from the light rail station to businesses on Broadway, as well as the Swedish Medical Center and hospital complex. The purpose for the resolution tonight, is a slight increase in the cost of the contract from Laidlaw Transit Services and had that increase not been proposed, the contract could have just been carried over from last year. Laidlaw asked us if they could increase their proposal by 3% to cover additional costs in fuel and commodities. We looked at our budget and were able to make some reductions, based on suggestions our other vendors made in areas of advertising and marketing and were able to accommodate the ;;·:, .:case for the transit services by Laidlaw. And as a result of that change in the total amount, we have 10 come back to Council for authorization on this contract. Mayor Wolosyn asked if there were any questions for Mr. Stitt . Council Member Woodward said so what we are looking at is a 3% increase from what was originally budgeted when we approved this a year ago. correct? Mr. Stitt said correct. Mr. Woodward said okay. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RF.SOLUTION NO. 87, SERIES OF 2005. RESOLUTION NO. 87, SERIES OF 2005 A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTTLE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES, INC. AND THE CITY OF ENGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CIRCULATOR SHUTTLE FOR 2006. Vote results: Ayes: Nays: Mo ti on carried. Mr. Stitt said thank you. Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso. Oakley None (i1) Senior Planner Graham presented a recommendation from the Community Development Department. by mouon. 10 renew the $50,000.00 loan to the Mile High Ho using Fund for five years. He said on this nem. the Mile High Housing Fund representatives spoke to the Council at the Study Session last week and explained that they were a provider of early money for. primarily, housing projects. They were crealed, in part , out of initiative of the Metro Mayors Caucus about live years ago to bridge a gap that there was in housing financing at the time. And at that time, Englewood was receiving a refund from the Stadium Financing of Coors Field. 'The Metro Mayors Caucus got together and several of the ci ties that were receiving refunds pledged their refund to the Mile High Housing Fund. The term of the contract was for five years and their term will end in January. so they have request.Cd that we renew the agreement. The Mile High Housing Fund has been active in Enalewood with three projects. The We 1cm Arapahoe Homele Alliance received money from the Mile Hip Housina Fund to establish che House of Hope. -.h1 c h h fifteen re 1dential umts . The Rocky Mountain Housina DeYClopmelll Corponlion, -.ho h been before thi s bod . requested $700.000.00 from them to acqwre the LayfOII Gardens Apartmelll Project. That project 1s 1111 going on and they are projecled to close in December. And the Enpewood Communuy ' • • 0 Englewood City CouncU November 21, 2005 Page9 (J Development Department Housing Rehab Fund has set up a line of credit with them that would help with the foreclosure situation, where, in order to keep the Housing Rehab Fund whole, they need to acquire some of the houses and then turn around and sell them. So this resource of the Mile High Housing Fund has been very important for our City. We used it far more than we anticipated, I believe, when we originally invested $50,000.00 with them. They have grown substantially. They have committed over 20 million dollars in loans for affordable housing. They also plan to expand into Senior Services and Child Care Centers and perhaps do some economic development lending. We thoroughly support the direction that Mile High Housing Fund is going in community development lending and would recommend to Council that you approve the renewal of their loan. Mayor Wolosyn asked if there were any questions for Mr. Graham. Council Member Woodward said I have one. Under Financial Impact, it says "Englewood has loaned $50,000.00 for the past five years and is requesting that the loan be increased or renewed for another five years." What is the increase? Mr. Graham said their request was to increase or renew, so we put their request down. Our recommendation is to renew, but it is certainly Council's prerogative to increase if you would like. Mr. Woodward said okay. Mayor Wolosyn asked if there were any other questions. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO RENEW THE $50,000.00 LOAN TO THE MILE HIGH HOUSING FUND FOR FIVE YEARS, WITH ONE MODIFICATION AND THAT IS TO RENEW FOR ANOTHER FIVE YEARS AND DELETE THE WORD "INCREASE" UNDER "FINANCIAL IMPACT'' IN THE COUNCIL COMMUNICATION. Mayor Wolosyn asked if there was any more discussion. There was none . Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, McCaslin. Moore. Wolosyn, Woodward, Tomasso, Oakley None Council Member Woodward said I do have one comment. I think this is a great program and it is a way that we have leveraged our funds in a very valuable way for the City and for the whole metto area. 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I have a request to reschedule the January 3n1, 2006 meeting to January 9th 10 accommodate the Christmas and New Years holiday. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF JANUARY 3 TO JANUARY 9, 2006. M otion carried . Ayes: Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (i1 ) Mayor Wolosyn said I would like a report on Mary DcWin's conccms about Jason Park. I can call her and tell her th at I think she should take this same concern to ET AC and maybe I'll ask you to follow up on that. Ray. as the liai son. Council Member Tomasso said traffic problems arc actually handled through ETAC, which meets the second Thursday of the month at 6 :30 pm, upstairs o n the third floor. So, if we can contact her and have her present to them. it can be resolved a little quicker, I think . Ms. Wolosyn said so let's take that as a Council Rcque t and whoever calls M . De Win. please explain to her that this is the first step in the process and also that in o ur packets I have requested a restatement of the issue over there. • • Englewood City Council November 21, 2005 Page 10 0 (iii) Mayor Wolosyn said I would like the first three things of Mr. Cohn's concerns to be moved into Council's Choice. I feel that those were things he talked with people in our community about, while he was campaigning and they should be followed up on, to the extent that they can be. Thank you. (iv) Mayor Wolosyn said I think we have a tentative meeting with the Englewood School Board on January 30, 2006. I know that Gary met with Mr. McCabe. City Manager Sears said we did mention it to him and I have asked Sue to ask him to check with his Board about the potential of meeting with us . We have had a dinner in the past. .. a School Board and Council dinner, possibly at the Golf Course or the Community Room. Again , if that is an acceptable time with City Council, but that has been proposed to the School Board there too. Ms . Wolosyn asked if anyone had any comments or objections . There were none. (v) Mayor Wolosyn said regarding the City Council Retreat, that is something I can wait to talk about on the fifth . It is not pressing and I would rather do it in a more informal setting. (vi) Mayor Wolosyn said I will not be here next week. Mr . Woodward will be acting in my absence at the joint meeting with the Littleton City Council . (b) Council Members' Choice (i) Council Member Barrentine: 1. She said I had brought up in Study Session ... City Council has had a Christmas dinner and I had requested that we participate with the program that the City is doing, with the Inter Faith Task Force. Rather than have that dinner, that we donate that money to that effort, because they arc serving several Englewood families for the holidays and I wanted to participate in that . We ran out of time, so I was asked to bring it here so that is what I am requesting. Mayor Wolosyn said do we have any discussion on that issue? Council Member Woodward said arc we talking about the donation, Lauren, to the three Englewood families from that dinner? I don't hav,e any idea what that dinner typically costs. Ms . Barrentine sai d s ince we have been having that tJinner , do we have any idea? I'm pretty sure they budget something for it and have a general idea what we would be spending. City Manager Sears said 1 don 't know . We have been to different places. We have been to the Dragon in the past and the Golf Cour se. I can't tell you off the top of my head , but probably 4 or 5 hundred dollars. That would be an estimate of the cost of what that would be, but that would just be off the top of my head. Ms. Barrentine said then what I wou ld like to suggest is I would like !O donate my portion, since they will know what it costs then, to the program that the City is putting together and so I will not be attending the Christmas dinner . I wo uld like to donate my portion of it to go to that event. I think it is a worthwhile cause in a really needy time and with the economy this year, I think it is better spent that way . So, that is what I will be doing with my portion of it then . She said anybod y else that wants to join ... then I guess that will be up to your individual decision . 2 . She said we had some discussion .. .I know in the Study Session a couple of people spoke to some issues. Bo b I JUSI had a couple of questions if you wouldn 't mind . That way everybody can hear, because I think everybody was. and please correct me if I am wrong. I know you had some discussion with people, that you were following up with people to work o n these ... the different issues , in that we had agr-1 in Study Session that we would go ahead and ha ve some con ve rsation so you cou ld bring to the table what you think arc some major issues that might be kcepmg some bu incsses o ut of Eng lewood that have to do with our ordinances and you have already agr-1 to work wi th th at. Commuml Dc,clopment Director Simpson id I understood from the Study Se ion that I would connect with Mr. Cool. and bcgm to understand the busmc perspecuve, concerns and i ucs that may hinder or impede economic !• ' . .. .. • • - • Englewood City Council November 21, 2005 Page 11 0 0 . development business attraction ... and that we would bring that discussion back to City Council at a Study Session where you would be able to hear that and discuss it . Ms. Barrentine said I know that Paula and a couple other business people were here. Property owner Bruce Cairns had spoke o n some concerns, but would there be a problem with connecting with some of those other people? I was under the impression that you just wanted to limit it to Jon, but if there were other people that wanted to come and talk to you ... Mr. Simpson said I can talk to whoever you like. It is just a question of getting those different perspectives. I also can ... I'm not trying to be flip ... but I can throw in that we held a business forum about two years ago where we did have several business concerns that were expressed and I can go into it in more depth in a report, but it was a very useful forum, because ii really outlined a whole series of things that led, ultimately, to the creation of our economic development strategy. It really outlined a good road map for a lot of the things we need to be working on. And I would like 10 throw that in for you, just so you can kind of get a good sense of what was expressed in, kind of, those areas 100. I can talk to Mr. Cairns and talk to Mr . Cook. If you all have other people you would like me to talk with, I can do that. I'm always happy to that, because my job and goal and my personal interest is to make sure that business is vibrant in this community and we've got to make sure we do those things. It's always fun and it is always interesting. Ms. Barrentine said I hear repeatedly that you are very eager 10 hear from the business community on their perspective and what's going in the market today. I appreciate what you did two years ago and maybe that same kind of vehicle would be worthwhile to get some input now. so I appreciate your willing to work with that. Mr. Cairns, would that be something that would work for you 10 try? ... and then I would leave it up to the Community Development Director to address other businesses that might have issues, as well as anybody that you and Mr . Cook may have heard that could use this vehicle and speak to him as well. I would appreciate that. And thank you very much Bob. That is very nice to have this working together. 3 . She said we used to ha~e a parliamentarian. I am concerned about keeping on tnck, certainly with what is going on, but I also want to facilitate the position of Chair to encourage that to facilitate discussion and information and not control ii . I wondered what happened to thc ... did we have a parliamentarian and why don't we anymore? City Manager Sears said I don't remember. Ms. Barrentine said I know when you started, I believe we did . Mr. Sears said within the Council rules, that were discussed a couple of weeks ago, was there a parliamentarian? City Anorney Brotzman said basically Bev Bradshaw filled that role for most of the time L'lat she was here. Mr. Sears said but there was not an appointment of any Council mcmbet for that position. Ms. Barrentine said who did it prior to that. Dan? Mr. Brotzman said prior to that, I don't know. M s. Barrentine said maybe if we could find out, so that we could get a little grip on this so that we all kind of feel heard and I know that nobody is intending to have thi s appear that we arc not eager to hear from the citizens. It is a little disconcerting. 4 . She said Gary. who would be the person that Clara should speak to? She said it wouldn't be Bob. City Manager Sears said we have had many conversations with Clara over the last number of years. I have met with C lara many times and there has been an extensive discussion with Clara with a variety of people involving the Building Department. There has been several law suits associated with her building or involvement with the City . C urrentl y, we are involved with Clara with fire code issues that arc being looked at. I met with Clara many times . She has met with the Attorney. She has met w11h all of our staff members over probably the last five or six years. There have been many, many opportunities. If the Council would like, we could provide information to the City Council. Ms . Barrentine said I would like to put that on a Council Request to kind of aet an idea aboul some of the issues s he was bringing up. Mr. Scars said s ure, absolutely, we can give a full hiitory and provide information that s he has and provide information to the City Council about work we have done . So, if that is ouy with Council Member Barrentine . we will provide that information 10 you . Ms . Barrentine said that would pve me some t ·-.. Enalewood City Council November 21, 2005 Page 12 information on exactly the issues that she was bringing up and whether there arc any that we can address or what we have been doing. I would appreciate it, thank you . Mr. Scars said you arc welcome. 5 . She said everybody have a great Thanksgiving. (ii) C ouncil Member McCaslin said I would just like to thank Gary Scars and the staff for giving us a tour of the Water Treatment Plant last Friday. Being a life long resident of this City, it is kind of good to sec the inner workings of the City. We plan another tour so we can be more informed as far as what is going on in the City. Thank you very much for your time. (iii) Council Member Oakley said I too would like to thank Gary for the tour and look forward to the next one. (iv) Council Member Tomasso said I would like to wish everyone a Happy Thanksgiving. will be out of town the rest of the week. (v) Council Member Woodward: I. He said I also want to thank Gary and staff for the informative tour that we had last Friday and I'm also looking forward to the next one. 2 . He said I wanted to mention that on December 3nt at 5:30 we have the Englewood Shines celebration out here right outside and lighting of the Christmas tree and some fireworks. So, certainly everybody from Englewood and the surrounding areas arc invited to that. 3 . He said I also want to wish everybody a Happy Thanksgiving. 4. He said addressing Laurett's first item reguding the dinner. I want to understand it and I guess I am asking, Dan, maybe. Laurctt referred to earlier, the stipend that we receive, is that an appropriate place to put a charity? I guess my feeling on the dinner, Laurett and the rest of the Council, is that I think the dinner, especially this year for the bonding of this Council and for the benefit of this Council, is an important thing. And, I would certainly be more than happy to donate my November and December funds for what Lauren is talking about, but personally, I think, for bonding purposes, I think that dinner is important. City Attorney Brotzman said you are right. You are actually talking about two different funds ... one is the individual Council member's stipend of $50.00 and the other is what would be spent on the dinner, which arc coming out of two different places. Counci l Member Woodward said right and it is okay to use the stipend for this? Mr. Brotzman said sure. Mr. Woodward sai d okay. Council Member Moore said could you clarify that ? I didn't know we had that much discretion over the stipend. Mr. Brotzman said you can do a charitable contribution. Mr. Moore said you can, oh good. Council Member Barrentine said and we did, didn't we ... for like the firefightcrs ... Brian Mueller. Mr. Woodward said Brian Mueller and the golf course. Mr. Moore said collectively I knew Council had done that, but I didn't realize that we had that freedom to do that individually. So, thank you. Ms. Barre ntine said I do appreciate the opportunity to have some holiday spirit and some bondina, but the City provides a dinner every Monday for the Council and I believe that if people wane 10 panicipatc in that they have the opportunity to go ahead and bond at that time. I was just seeing it as time of need during the holidays and I would feel better ha vi ng my portion go to the project that the City is doing . 13 . City Mmqer's Report ' • • Englewood City Council November 21, 2005 Page 13 (a) City Ma nager Sears said I will be out o f town for lhe next couple of days for lhe holidays. I wish everyo ne a Happy Ho liday . 14. City Attorney's Report City Allorney Brotzman did not have any matters 10 bring before Council . ••••• Mayor Wolosyn said I would also like 10 wish everybody a very Happy Thanksgiving. She said thanks lo everybody who came and stayed throughout lhe meeting. It is very nice when that happens. 15 . Adjournment OLOSYN MOVED TO ADJOURN. The meeting adjourned at 8 :31 p .m . ~~·{4 t .. 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 21, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7; ()r- lnvocation. ~ Pledge of Allegiance. ~ Roll Call. dt/ 7 ~ Consideration of Minutes of Previous Session. ttpp/fJ--{)i . Minutes from the Regular City Council meeting of November 7, 2005. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Englewood Neighborhood Watch Block Captain Mary F. DeWitt, and other members of Neighborhood Watch, will be present to address City Council regarding vehicle speed iss ues near Jason Park. b. Doug Cohn will be present to talk with Counci l about issues that came up during his campaign conversations with citizens. c. Members of the Englewood Firefighters' Combat Challenge Team will be present to discuss the upcoming international combat challenge. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for un sched uled public comment may be limited to 45 minutes and if limited shall be a_~tintim-eu?ilJJsssi~n~IJ~S /t>Al!#tJ', fr. /!JMkl.l) Lili~ -A61tJIF.i/"' Rr /J/JI.LM-JJ t. fl,ffi?.A STR..0 OJJOVlr- Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762,2407) at least 48 hours in advance of when services are needed Thiinlt t • • Eng lewood City Co un cil Agenda November 2 1, 2005 Page 2 8 . Communications, Proclamations, and Appointments. a. oP/4'7-t} A m emorand um from the Keep Englewood Beautiful Commission requesting that City Council decl are a vacancy with a term expiring February 1, 2006~ b . A memorandum from the Keep Englewood Beautiful Commission r7fl~esti_ng that City : Council decl are a vacancy with a term expiring February 1, 2007.~~ ~'7-0 c. An e-mail from ~!1dia Laga announcing her resignation from the Planning and Zoning appf '7~0 Commission .~ d. An e-mail from Regi M~aren announcing his resignation from the Transpo rtation a,td FJ-o Advisory Committee.~ 9. Con sen t Agenda Items . a. b. C. Approvwrdinances on First Reading . Appmg.f Ordinances on Second Reading . Resolutions and Motions. Recommendation from the Englewood Publ.ic Library that Council adopt a Res olution authorizing the Library's "Winter Food for Fines" program from Monday, November 28 through Sunday, December 11 , 2005. STAFF SOURCE: Hank Long, Director of Library Services.~ 10 . Public H ea ring Items . (No Public Hearing Scheduled .) ~ 11 . Ordinances, Reso lution s and Motions. a . b . ApTrdinances on First Reading . Approval of Ordinances on Second Reading . ~f ~ i. Council Bill No. 54 approving a Federal Equitable Sharing Agreement with the fJ ~? United States D epa rtment of Ju stice. ~ c . -[} Reso lutions and Motions. i. Recommen dati o n from the Co mmunity D eve lopmen t Department that Council fl /J J>'l adop t a Kesolution authorizing an agreement between the City of Englewood and ~ '7-0 Laid law Transit Services, In c. for th e 2005-2006 oper~uttle Pl ease no te: If you have a di sability and need auxiliary aids or services, please notify the City of Englewood (303 -76 2-2 40 7) at least 48 hours in advance of when erv1ces are needed. Thank ou . ' • • Eng lewood City Council Agenda November 2 1, 2005 Page 3 in the amount of $213,722. STAFF SOURCE: Harold J. Stitt, Community Development Manager. ii . Recommendation from the Community Development Department, by Motion, to lllrl.A ~ '7-() renew the $50,000 loan to the Mile High Hoy~~ Fyn_d for fi~e years . STAFF ~-·, SOURCE: Mark Graham, Senior Planner. ti'/~ /IS /flOPI F !'=ft.in Council Communication, under Financial Impact : remove the word 'increased"?' -FINANCIAL IMPACT 12 . General Discussion: a. Mayor's Choice. Englewood ha ~ loaned the MHHF SS0.000 for the past five years and is requ esting that the loan be .........., renev.-ed for another flVe years. artrJ ?-() i. Request to;;schedule the January 3, 2006 City Council meeting to January 9, 2006. ~ b . Council Members' Choice. 13 . City Manager's Report. 14 . City Attorney's Report. 15 . Adjournment. 'g: 3/ ~ The following minutes were transmitted to City Council from November 4 to November 17, 2005: • Alli ance for Commerce in Englewood meeting of September 8, 2005. • Board of Adju stment and Appeals meeting of October 12, 2005. • Code Enforcement Advisory Committee meeting of September 21, 2005. • Cu ltu ral Arts Commission meeting of October 5, 2005. • Keep Eng lewood Beautiful Commission meetings of September 13 and October 11, 2005 : • Liquor Licensing Authority meeting of October 5; 2005 and telephone polls of September 7, September 21 , and October 19, 2005. • Planning and Zoning Commission meeting of September 20, 2005. • Englewood Public Library meeting of October 11, 2005. • Transportation Advisory Committee meetings of September 8 and October 13, 2005. Please no l e: If tou h,we a disa bility and need auxiliary aids or services, please notify the Cily of Englewood (303-6 2-2 40 7) at least 48 hours rn ad ance of when services are needed. Thank you. t • • ( ( I 0. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 7, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :30 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance Boy Scout Troop 199 presented the Colors and led the Pledge of Allegiance. 4. RoU CaU Present: Absent: A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garrett. Bradshaw, Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson. Safety Services Director Gryglewicz, Finance and Administrative Services Police Division Chief Vandcrmce, Safety Services Director Ingle, Information Technology Director Long, Library Director Eaton, Human Resources Director Simpson, Community Development Director Black, Parks and Recreation Director Kahm , Public Works Manager Still , Community Development Court Administrator W olfe 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 17, 2005. Mayor Garren asked if there were an y com me nts or correcti o ns . There were none . Vote results: Ayes : Nay,· Mouon earned . Counci l Members Barrcnune. Moore . Bradshaw. Garrett, Wolosyn, Woodward. Tomasso None t • • Englewood City Council November 7, 2005 Page2 (b) City Council Recognition and Swearing In . (i) Comments ~nd recognition of families and/or guests by the departing members of City Council. Mayor Garrell said there are a couple of us leaving this evening. This is one of the great things about our society ... things rotate in and out and government seems to go on. C o uncil Member Bradshaw said first of all I would like to thank the citizens of Englewood for their confidence and trust. It has been a fun ride. It has been an honor and a cherished privilege to serve all of you . Secondly, I would like to thank all my colleagues on Council. At times we sought different visions for our City. but the beauty of compromise and respect for each other got us through the process ... and the process that stancd eight years ago was a long one. I know how difficult some of our decisions have been for all of us. Thank you for being honest, decent and always putting the interest of the citizens first. To staff ... without a doubt our staff serves our citizens with class and respect. I've enjoyed working with all of you, for our City. Gary and Dan always kept the concerns of Council and our follow through directions. however obtuse they might have been at times , as their focus. Thank you. It has been an honor and a joy. I wish the newly elected Council all the best. I couldn't have picked a better Council to walk in here . Thank you . There was applause . Mayor Garrell said my comments are equally similar. First, 1 would like to thank my family for putting up with this cffon for the last eight years . They have had to make some sacrifices so that I could do this , so I'm very appreciative. Also , I would like to thank Clyde Wiggins , who was my predecessor on Council, who, one February day stopped me in the hallway as I was interviewing for a Board and Commission and said "have you ever thought about running for City Council?" and of course my response was ... never. Later on that summer he pushed, said why don't you run and I did and for that I'm appreciative. I also want to thank this Council and the prior Councils for giving me the opponunity, over the last four years, to be in a leadership position . It has been a growth experience for me and I am very appreciative of that. Also, I want to pay my respects to the City staff. One of the great surprises l had, as I just had not expected it , is the dedicated employees that we have in the City. They arc constantly working very hard for the citizens here. It doesn't mean we always do the right thing, but our hearts arc usually in the right place, which is very important. I also want to thank Dan and Gary. Gary and I came on about the same time . so that was a wonderful thing. We have gotten to know each other and I like the suppon you have always given Council. .. the honest direction you have always given us and I am very appreciative of that. And Bev, I want to thank you, because we came on together and the one thing that I really have enjoyed is )'Our expcricocc and your knowledge of this community. That has been an asset to this community and this Council for the last eight years and I think it will be missed . I appreciate that. 1 also want to thank the citizens for giving me the opportunity to serve the 4"' District for the last eight years . I don't know why they had confideace in sending me here, but I am grateful that they did . And the last person I want to thank is someone who is no longer with us and that is my Dad who taught me that givi ng is the best thing one can do and I appreciate that lesson . 'hank you. There was applause . (ii) A token of appreciation was given to the departing City Council Members. Ma yo r Pro Tem Wolosy n presented Mayor Garrett and Council Member Bradshaw with a plaque and flowers from Council and staff. There was applause . Mayo r Pro Tem Wo losyn said I am sure I speak for all of Coun :il when I say that you arc both going to really be missed. And fo r me . in particular, as I have worked with both uf you during my entire six years on Council and I have learned so much . Stay in touch . (iii) Ma yor Garrett asked the City Clerk to announce the staius of the election. City Cieri. Ellis said. based on lhe unofficial election results. the newly elected Council Members arc : Council Member Dis tr ic t 2 -John Moore . Council Member District 4 -Wayne Oakley. Council Member At-Large. 4 year term -Jim Woodward and Council Member At -Large. 2 year term -Bob McCaslin. (1v) C11y ouncil made u determmauon of the elecuon and quahficatioos of1ts mcmbenlup . t • • Englewood City Council November 7, 200S Page3 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE ELECTION RESULTS. Ma yor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (v) There was applause. The new City Council Members were sworn in by the Honorable Judge Vincent Atencio . (vi ) Brief Reception. Mayor Garret said we are going to have a brief intermission and I invite you next door for a reception for our new Council members and our re-elected Council members. Co unc il recessed at 7 :40 p .m. for a brief reception. The meeting reconvened at 8:09 p .m . (vii ) The new members of City Council were seated in temporary spaces, and the senior member of City Council, Olga Wolosyn, asked the City Clerk to call the roll of the members of the City Council . RoU Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley, McCaslin, Wolosyn, Woodward None Council Member Wolosyn stated we have a quorum. (v iii ) Council Member Wolosyn called for nominations for the office of Mayor . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO NOMINATE COUNCIL MEMBER WOLOSYN FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Mo1ion carried. Ayes: Council Members Barrentine , McCaslin, Moore, Wolosyn , Woodward , T o masso, Oakley Nays : None Ms . Wolosyn said th a nk yo u very much. The re was appl ause . (ix) Ma yo r Wolosyn as sumed the Chair. Mayor Wolosyn call ed for no minatio ns for the o ffi ce of Mayor Pro Tern . CO UNC IL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO NOMINATE COUNCIL MEMB ER WOODWARD FOR THE OFFIC E OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. Mott on arricd Ayes: Counc il Me m bers Barrentine, McCaslin . Moore. W o losyn. Woodward, Tomasso, Oak ley a)S, None t • • -· Englewood City Council November 7, 200S Page4 (x) Permanent seating assignments were given. (xi) Family members and guests of Council Members McCaslin and Oakley were recognized. Mayor Wolosyn said l would like to congratulate the new members of City Council and I would also like to recognize their families in attendance. If you would all stand up please. There was applause. 6 . Recognition of Scheduled Public Comment There were no scheduled visitors. 7 . Recognition of Unscheduled Public Comment (a) Mark Swanson, 2836 South Sherman, said my concern is over building permits. In 2004 I was ( issued a building permit for a fence and June of 2004 it was revoked by the Planning and Zoning Department. In July of 2004 I was granted a hearing with the Zoning Commission to interpret and clarify the use of prohibitive materials . At that hearing, the material I was going to use, which was telephone poles for fence posts, was approved by 6 ayes and I nay. On 10/21/041 purchased a permit to build the fences and retaining walls at 2836 South Sherman and 2840 South Sherman Street. In August, which is a month after I was granted that permission to use that material , the Englewood Planning and Zoning Department started a study group focusing on materials ... their toxicity or what have you ... and that law was amended and posted in the Englewood Herald . Now I don't subscribe 10 the Englewood paper. but I do live next door to Don Roth who is a Commissioner on the Zoning and hearing board and I have been in and out of the Building Department, and in and out of the Planning Dcpanment and I was never advised of any of this. Now they refused to reissue that permit .. .l don't lcnow on what grounds ... but the permit that I have states that "this permit expires (this is note to the applicant) this permit expires 180 days after issuance unless work is started by that time ." Now my work was started by that time and the delay in building those ( retaining walls and erecting that fence was procuring those from Public Service, which has a waiting list for charities, first. I was put on the bottom of that list, because of my permit being delayed in the first place or being revoked . So my question to the Council is for them to interpret this permit and tell me whether this permit is valid or not. Thank you Mayor Wolosyn said thank you. At this time I will ask staff ... since many of us are not completely acquainted with thi s case ... to give us an update in our packets. Thank you. Mr . Swanson said okay, thank you. (b) Zachary Brinkerhoff said I am from another city, but I just wanted to say what a pleasure it has bee n coming a nd s haring and speaking before the City Council. I represent reflexology ... the Modem Institute of Re fl exology . I wa nt to th a nk yo u for the consideratio n of separating reflexology from massage. I think great work has been done . T wo weeks ago I was at a meeting and I sec one o f the ne w members who was e lected . Congra tu la 11o ns to all of you wh o are new und I a ppreciate the wo rk o f all the old heads to get this Bill 52 up ... so I expect ii is goi ng to get passed to ni ght. We will find out in a minute. but thank you very much . The City Attorney did a good job. I comme nded him at the meeting tw o weeks ago for doing the good work . Thank you very much. There was applause . (c) Nico le Ferrari. 3303 South Corona Street, said I am a board member for Englewood Unleashed. JUSt came here 10 thank you guys for the wonderful year that we had this past year and for all your suppon and help. We are reall y looking forward to the next couple of years of just fostering the relationship that we have with the City and wit h th e communit y. And , o n behalf of our members and o ur organiuuion, I wanted to thank you guys . We are just reall y exc 11ed a bout the ne w C it y Co uncil and future relauo nships. I JUSI have a few items for the new Council me mber, a nd cale nd ar s fo r the re s t o f yo u guys. Thank yo u. 8 C ommunications, Proclamations and Appointments There were no comm um cauo ns , proc la mation or appointments . ' • • ( ( Englewood City Council November 7, 2005 Page 5 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 11 .) (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) Director Olson presented a recommendation from the Department of Safety Services to adopt a bill for an ordinance approving a Federal Equitable Sharing Agreement with the United States Department of Justice. He said this is a standardized agreement that allows us, upon forfeiture or seizure of certain properties, to share that. .. basically, allowing the Federal government to share with us . It is standardized and we have had these for several years. And it has proven to be beneficial in the past. There is no financial impact related to thi~ measure, so I ask for your acceptance of this ordinance. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (1) • COUNCIL BILL NO. 54. COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZlNG AN INTERGOVERNMENTAL AGREEMENT ENTITLED "l;'EDERAL EQUITABLE SHARING AGREEMENT" BETWEEN THE UNITED ST A TES DEPARTMENT OF JUSTICE AND THE CITY OF ENGLEWOOD, COLORADO PERT AlNlNG TO THE DISBURSEMENT, WITH RESTRJCTIONS, OF FEDERALLY SEIZED OR FORFEITED CASH OR OTHER PROPERTY . Mayo~ Wolosyn asked if there was any discussion. There was none. Vote results: Ayes: Nays : Mo tion carried. Council Members Barrentine, McCaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None D1rec1o r Olson said thank yo u very much . Ma yor Wolosyn said thank you Chris . (b ) Approval of Ordinances on Second Reading (i) Council Bill No . 52, as amended. adding a Reflexology License in Title 5 of the Engle "ood Mumc 1pal Code was co nsidered. --- Englewood City Council November 7, 2005 Page6 D 0 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 54 , SERIES OF 2005. ORDINAN CE NO. 54, SERIES OF 2005 (COUNCIL BILL NO . 52, INTRODUCED BY COUNCIL MEMBER WOODWARD ) AN ORDINANCE AMENDING TITLE 5 , OF THE ENGLEWOOD MUNlCIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8, PERTAINING TO REFLEXOLOGY . Mayor Wo losyn asked if there was any di scussion . There was none . Vote results: Ayes: Council Members Barrentine , McCaslin , Moore, Wolosyn, Woodwud , Tomasso, Oakley Nays: None Motio n carried. (ii ) Council Bill No . 53 , amending sections of the Englewood Muni cipal Code pe,Uining IO Massage Therapy Lice nsi ng wa s con sidered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Ii) • ORDINANCE NO. 55 , SERIES OF 2005 . ORDINANCE NO . 55 , SERIES OF 2005 (COUNCIL BILL NO . 53, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5. CHAPTER 5, SECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING rNSURANCE REQUIREMENTS . Ma yor Wo lo syn asked if there was any discussion. There was none . Vote results: Aye s: Co uncil Members Barrentine, McCaslin , Moore, Wolosyn, Woodward, Tomasso , Oakley Nays: None Moti o n carr ied . (c) Resoluc io ns and Mo tio ns (i) Direc tor Gryg lewicz prese nted a reco mmend atio n fr o m the Department of Finance and Ad ministrative Services to ado pt a Resoluti o n esta bli shin g fees fo r Refle xo logy licensing . He said this pcnains IO th e ordina nce th at was j ust pas sed o n second readin g, sett ing the fees for th e reflexology li cense application. bac kgrou nd check, li ce nsi ng fee and refle xo logy if a massage the rap ist is alread y licensed with the City . CO UN CIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 85, SERIES OF 2005 . RES OL UTION NO . 85. SE RIES OF 2005 A RES OL UT ION EST AB LIS H ING FEES FOR REFLEXOLOGI ST LI OF THE ENGLEWOOD MUN ICIP AL CO DE 2000 Ma yo r Wo losyn as ked if there was any di sc u ss ion . Then:,. none Vo t e r esults : 'DER TITI..E S. CHAPTElt ( ' .. .. • • 0 Engle-wood City Council November 7, 2005 Page7 Ayes: Nays : Moti o n carried . Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None 12 . General Discussion (a) Mayor's Choice . (i) Mayor Wolosyn said all I want to do tonight is thank all my fellow Council members for electing me to be Mayor . I will take this responsibility very seriously and l 'm looking forward to what I think will be a pretty quick learning curve. I know I will have the support of all of you, which I will depend upon. (b) Council Members' Choice (i) Council Member Barrentine: I. She said I want to congratulate the new members of Council , who were recently elected and you certainly have some big shoes to fill. And Olga, I am looking forward to your leadership and work on this. 2. She said I want to thank the reflexology people who kept coming and arc much wiser about local government, since you have attended most of our meetings over the last couple of months. 3. She said I also want to remind everybody, my father has passed away, but he served in the Armed Forces, and today is Veterans Day. I just want to bring a little remembrance to the people who arc serving our Country in the Armed Forces and how important that is to our freedom and the process that we have here in this City and in this Country. (ii) Council Member McCaslin said I would just like to thank my family ... my lovely wife, my Mom and Dad who have lived here for 57 years in the same house in Englewood; my brothers .. .John, Pat and Billy who all he lped on the campaign and their better halves .. .JD and Valerie and my nephews and my niece . I would really like to thank everyone in Englewood who voted for me and even if you didn't vote for me, thank you . (iii) Council Member Moore said I would like to welcome Bob and Wayne. This is a great Council and I look forward to working with everyone the next four years. I would like to thank the Englewood voters for another opportunity to serve. The first four years has just been a tremendous learning experience. It has been a great opportunity and I look forward to the next four . Thank you. (iv) Council Me mber Oakley sa id I would like to thank the love of my life ... my wife of 49 years, Jeanie. She had to leave as I think my granddaughter was gelling a little carried away back there, but without her help, her support and her future support, I certainl y wouldn't be sitting here. And I would like to thank the citizens of Englewood for giving me the chance to serve. Thank you . (v) Council Member Tomasso: I. He said I would like to welcome the new Council members . 2 . He said I would like to thank Leigh Ann Hoffhines for the wonderful rece ption she had for the 50 parti cipants in the ca lendar conte st. It was a reall y wonderful evening. (v i) Council Member Woodward said I would certainly like to welcome Bob and Wayne to Council , also . I want to thank the c itizens for the o pportunity to serve for a full elected term and serve as Mayor Pro Tern . I also want to acknow ledge my family and extended family and friends that helped on my campaign and helped me through the last co uple of mon th s . I also want to mention thar we had three guests here earlier, the three new Sc hoo l Board rncmbers ... Heathc r Hunt , Shelley Thompson and Scott Gorsky . They were here and left early. I ' • • Englewood City Council Novem~r 7, 200S Page8 am looking forward to working with the School Board, as a Council member . and I dunl that we IMY have ,ome real opportunities to partner in Englewood ... possibly like we haven 'I had before Thank you. 13 . City Manager's Report City Manager Scars did not have any matters to bring before Cou,x:il. 14 . City Attorney's Report City Attorney Brotzman did 1101 have any matters to bring before Council . 15 . Adjou~t LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :26 p.m. .. • ' • • NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: November 21, 2005 ADDRESS T9'a " k,. ":Y r).. .e ft: :.,,.:::;......4-~~----.~..;::;_=_::;~~r..c:;4. ....... 1!:......a:+-,:..-IJ.',L:-'=' ~~J f'/J~C+'/f',~ S?~D-~fc p ,r \ I • • ·- • • 0 Englewood City Council Nov. 21, 2005 Scheduled visitor comments by Doug Cohn, 3051 S. Marion St. 303-762-8873 While on the campaign trail, I ran into some residents with serious issues. I want to share three tonight. I. Rev. and Mrs. Channell (pronounced Cha null) live at 5037 S. Keenland Ct. They expressed concern to me about a traffic safety hazard. There are three pine trees in the front yard of the house on the SE comer that block the view of exiting drivers from the cul-de-sac. I offered to bring the issue to council and see if anything could be done to improve the visibility for the residents on the street. While leaving their block, I could not see around the trees very easily. I saw their point. Their phone number is 303-794-825 I. 2. Pat Kavan (pronounced kaa van) lives at 4390 S. Fox. A little way north is a school and a block south is one of the open space parks. Since Fox St. was punched through to Belleview, it has become a raceway and there are lots of kids living along the street. She also has a drainage problem since the resurfacing of Fox Street. The water pools on her comer and becomes very slippery in winter. She would like to see if a dip could be put on her comer crossing Fox to allow better drainage, but more importantly, slow down the traffic so some one does not get killed . Her phone number is 303-789-9306. An easier alternative might be to put in 4 way stop signs every couple of blocks and ignore the ice. 3. Bill and Susan, I did not get elected to City Council, but intend to bring forth the issues we talked about at the breakfast before the election. I am writing this note for the city manager and his staff as well as you. Here are the issues I have written down for discussion. 1. The crosswalk on Girard is dangerous because the down hill traffic does not stop for peds or chairs. Maybe we could put in a number of "Stop for Peds in Crosswalk" signs to warn the drivers. Those seem to catch the attention of drivers who do not understand the new green signs. Some one is going to get killed if improvements are not swift in coming. 2. The curb cuts have a high lip that wheelchairs can not easily get over. These could be ground off to make a smoother transition. 3. The weeds along the city ditch across Sherman on the comer of Girard should be easy to deal with. 4 . The parking lot lights at Orchard Place that come on way after dark and are therefore dangerous to peds in the lot, should be easy to fix, though I do not know who to ask. 5. The lack oflighting between Orchard Place and Safeway is a tougher nut to crack. It is a very dark trip to Safeway when Sherman, old Hampden and the Safeway lot have not nearly enough lights for safety. I am not sure what the city can do, but we will have them lo k into it. 6 . The snow plows piling snow in the crosswalks is also a hard nut to crack. Maybe the street guys co uld be more careful. 7 . Keeping the An Bus stop at King Soopers clean on weekends and Holidays is probably a hopel ess request unless we can somehow persuade the riders not to be pigs . 6b ' .. .. • • 4 . The fourth issue concerns the possibility of freeing up between $60,000 and 90,000 in the budget. The proposal is to move the off leash dog park across the walk.way and out of the flood plain . In the report we have already received, a repeated conclusion of the writers was to not put a dog park near a creek. Bad Idea! The off leash area would be in the same place, but on the right hand side of the walk, not the left. If the dog people really wanted water for their dogs to play in, a pump or siphon system could be installed to put water into a pond inside the fenced area. The savings would come in not having to build the water treatment system and retention pond and not having to buy the second water quality study. The area for the dogs would be about the same size and we would not have to add all the water purification stuff. Would you all like to save 60-90K or maybe a million if the executive summary in the report is correct? Please have some one talk to the writers of the Off Leash Dog Parle Water Quality Assessmenl Report Sep. I 4, 2005. Aslc them to translate inlo the common language the last paragraph of the executive Summary. "The proposed dog park hqs the potenlial to be a significanl threat to water quality in the South Platte River and to treatmenl of the South Platte River water for potable use at the City ·s Allen WTP " An engineer I talked with said he has never seen a report with such a drastic warning statement. Thanks for your time. Doug Cohn ( ( t ""· .. .. • • - ___ ./ I · - • j , ..... ·• • • I wish to offer one slight modification in the plan. This modification could free up 60K or more in the current budget and perhaps save the city lots of future problems ... and money . I want you to move the dog park across the sidewalk from the left hand side to the right. This will move the park out of the flood plain. Why should you even consider this suggestion? r---Jc. By moving it out of the flood plain, we will save 24k on the second water study and will not have to build a retention pond with water filters. • ..... 2. It copld be almost the same size. r There is an old water ditch (I think a former ditch to the Allen plant) running · along the right side of the sidewalk that would catch and trap a lot of waste l§tmerated and keep it out of the flood plain. 4. There is a retention pond type hole already in existence on this site if needed. lt"is at the comer of Windemere and the drive in road. 5. lo the engineering report, there were several strong warnings about serious environmental damage to the water supply that will be expensive to try to mitigate if you keep the park where approved with no guarantee of success, and if unsuccessfu~ very expensive solutions will be required . WHY OOIT? I . It would free up 60K plus in this year's budget. • 2. By getting it out of the Oood plain, the city would not have to hire dog poop police to make sure all the waste is picked up inmedialely. In the study, they projected only 50%, oftbe waste would be picked up. 3. Money could be saved because the city would not have lo buy fancy poop bags. 4. We could avoid huge potential fines from the EPA for water contamination and would not have to spend S I million to upgrade the Allen plant to cope with extra waste in the water supply .. 5. We would have an environmentally friendly park. IN CONCLUSION, By moving the dog park across the sidewalk out of the Oood plain, a goodly amount of money would be freed up for other uses, the city would not have to worry about huge EPA tines and the Allen plant would not have lo potentially spend I million on new treatment equipment just to take care of dog poop and the dog people wo uld ha ve an envirorunentally friendly place to play with their dogs . All the figures and warnin gs I am talking about are in the Sep. 15 report you all have. Please call the COM guy s and ask them the hard question, WOULD YOU llECOMMEND BUILDING THIS DOG PARK BESIDE THE CREEK? WOULD IT BE BEITER ACROSS THE SID EWALK OUT OF THE FLOOD PLAIN ? Thank you . /'lease talk to the writers of the Off Leash Dog Park Water QualiJy Assessment Report Sep. 1 ./, 2005. Ask them to translate into the common language the last poragraph of the exec111fre S11mmary. "The prQJJOSed dog park has the potential to Pe a significant tlveat to water quality in the South Platte River and to trealln(nt of the So utl, Platte Rfrer water for potable HH at the City 's Allen WTP". ' • • c . ( Mayor Wolosyn, Members of City Council Dooley Gehr, Chair, Keep E~giewood Beautiful November 9, 2005 Board and Commission_ Appointment In July 2005, Marc Ogonosky was . appointed to the Keep Englewood Beautiful (KEB) Commission: Since his appointrrent, Mr. Ogonosky has atte.nded only one meeting.· and has not been present at KEB community functions. Although Mr. Ogonosky has had three excused and one unexcused absence: · Per Article IV 3 Resignation and Removal, of the Keep Englewood Beautiful Commission By-Laws: N Any member may resign at any time giving written notice to the Chair and City Council. Such resignation will take effect on the date of receipt of such notice or at any later date than specified_ therein, and unless otherwise specified therein, the acceptance of such resignation shall not be nec~ssary to make it effective. Any Commission member missing more than three (3) consecutive meetings without prior rrotice,· in a calendar year, shall be removed with a majority vote of the Commission. Any member missing a total of four (4) meetings in a calenc!ar year, with or without prior notice, shall be removed by a majority vote of the Commission. Prior notice shall-be considered to be either a written or verbal statement to one of the members of the Executive Committee." On November 8, 2005, the Keep Englewood Beautiful Commission voted unanimously to remove Marc Ogonosky from the Commission due to lack of attendance specific to the By- laws, and lack of participation in Commission activities . The ·Keep Englewood Beautiful Commission respectively requests that City Council declare a vacancy on the Commission and appoint • a new Commission member tp fill Mr. O gonosky's position . Attachments • Attendance • KEB Bylaws . 8 a City ol Englewood 1000 Erv-oil Parliway &.....-.,l CO 80110 'fOicl 303 .762.23A2 -··· ...... Of11 ' .. • • KE8 ATTENDANCE -2005 1/11/200I 2lll200I __. 4/12IBOI 111ot211111 ..... , i t-:1;!" ~-i;f,. ~ ~t\, Arte<bum A p p E-A 8"41111 " . -l . ..... , .. ,. Brick p A p A p p p p p p p Crotty p p p p p p U-A p -·,:. .. •• 'l"' ~. c., , Edwa<ds A p -~ ·c. '"· ~, ----·r -~ Fraletta p E-A p p E-A U-A U-A U-A U-A U-A Gehr p p p p p E-A p p E-A p p Gorsky p p p p p p p p p p Humphrys p p p p E-A p p E-A E-A p p Kinion p p p p E-A E-A E-A E-A E-A p E-A Montague . • -. p p p p p -A A -Oganosky p E-A E-A E-A U-A Olson p p p A p p p E-A p E-A p Passerini p p E-A p p p E-A --. --~ 'l" •. •,,; Roth p OldnatMIII ,. ~ ,, . ~ ..,.. -- Sampson p p p p p p p p I Wolosyn p p I p p p p p E-A p E-A p Woodwald p p p p p p p p p p p I C BY-LAWS KEEP ENGLEWOOD BEAUTIFUL ARTICLE I 1. Name ' The name of the organization is "KEEP ENGLEWOOD BEAUTIFUL" hereinafter referred to as the "Commission.• 2. Creation The Commission was duly organized as a result of an ordinance and resolution adopted by the City Council on November 5, 1990, which ordinance adopted the "Keep America Beautiful System." 3. Duties The duties of said Commission shall be to promote public interest in the general improvement of the environment of the City of Englewood, to initiate, plan, direct, and coordinate programs for litter control in conjunction with and in cooperation with citizens, government, businesses and industries within the City limits of Englewood on a substantial basis; implement and maintain the Keep America Beautiful System; study, investigate and develop plans for improving the health, sanitation, safety and deanliness of the City of Englewood by beautifying the streets, highways, alleys, stream banks, lots, yards and other similar places on both public and private property in said City; aid in the removal and elimination of trash and other debris from the streets, highways, alleys, lots, yards and other similar places; encourage the placing, planting and/or preservation of trees, flowers, plants, shrubs, and other objects or omamentation in said City; advise ~nd recommend plans to departments of the City for the beautification of Englewood and otherwise promote public interest in the general improvement of the environment of the City of Englewood consistent with Ordinance No. 50, Series of 1990. However, nothing herein shall be construed to abridge or change the powers and duties of other commissions, departments, boards, and like agencies of the City of Englewood . 4. Powers In order to perform the duties enumerated in Section 3 above, the Commission shall have the following authority: • • 1. To adopt by-laws to facilitate the attainment of its purpose and functions . ( 1 --- 0 0 2. To plan, initiate, direct and coordinate community-wide efforts to achieve its goals. 3. To solicit and accept donations and appropriations of money, services, products, property, and facilities for expenditures and use by the Commission for the accomplishment of its objectives. 4. To make recommendations to the City Council as well as to the private sector regarding measures which it deems necessary to accomplish its objectives . ARTICLE II 1. Structure The Commission shall be composed of 15 members who will serve without remuneration. Commission members shall be appointed by the City Council for two (2) years consistent with City Ordinance #50, Series of 1990 . 2. Officers 3. The Chair and the Vice Chair shall be elected by a majority vote of the Commission. Chair and Vice Chair, together with the Staff Liaison, shall comprise the Executive Committee of the Commission. The Executive Committee shall report in a timely manner to the Commission on all its activities. ( The Executive Committee shall implement urgent items between meetings, identify long-tenn issues, and recommend direction for full Commission. Committees The Commission may establish Standing Committees which are necessary for the purposes of the Commission. Each Standing Committee shall be composed of a Chair, an optional Vice Chair ·and other members as needed to achieve the objectives of the Standing Committee. Other committees may be established a·s necessary to accomplish Commission goals . All committees shall be limited to six (6) or fewer members to predude establishment of a quorum by a committee . 4. Ex-Officio Members Ex-officio members of the Commission shall indude the Staff liaison representative and City Council advisor. Ex-officio members may participate in meetings and serve on committees . 2 ' • • ( ( 5. 1. Voting Rights All City Council appointed members of the Commission shall have one vote equal in weight. All voting shall be by voice vote; provided, however, the Chair of the Commission may, at his/her discretion, call for a roll call vote. A secret ballot may only be used in the election process for Chair or Vice Chair. Ex-officio members serve as non-voting members. ARTICLE Ill Regular Meetings Meetings shall be held once per month on the date and time designated by the Commission members. Should such meeting fall on a legal holiday, then that meeting shall be held at the date and time specified by the Commission. 2. Special Meetings Special meetings of the Commission may be held when called by the Chair of the Commission or by any five Commission members. For such special meetings, at least three (3) days notice must be given to each Commission member. 3. Open Meetings 4. All meetings shall be open to the public. Public notice of all regular Commission meetings shall be posted a minimum of 48 hours prior to the meeting. Notice shall be posted on the City Hall bulletin board or other public location as designated by the Commission. Quorum A simple majority of the number of duly appointed Commission members shall constitute a quorum for the transaction of business. 5. Transaction of Business Every act or decision done or made by a majority of the Commission members present at a duly held meeting at which a quorum is present shall be r:egarded as the act of the entire Commission. 3 ' ... .. • • 0 ·• • • 6. Time Duration 7. 8. Meetings shall commence promptly at the time designated by the Commission members . A meeting, which may also include Standing Committee meetings, shall not last longer than two (2) hours from the time it commences, unless a majority of the Commission members present at a duly held meeting vote to allow such meeting to continue for longer than the two (2) hour time duration. Robert's Rules of Order All meetings shall be conducted according to Robert's Rules of Order, Current Edition . It shall be the responsibility of the Parliamentarian, if appointed, to observe that these rules are followed and the meeting conducted in accordance therewith. Records Records of approved minutes of regular Commission meetings shall be maintained in the office of the City Clerk. ARTICLE IV 1. Tenure 2. 3. All members shall be appointed for terms of two (2) years . Special Appointments The Commission may elect such others as the affairs of the Commission may require, each of whom shall hold office for such period, have such authority, and perform such authority, and perform such duties as the Commission may determine. Resignation and Removal Any member may resign at any time giving written notice to the Chair and City Council. Such resignation will take effect on the date of receipt of such notice or at any later date than specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any Commission member . missing more than three (3) consecutive meetings without prior notice, in a calendar year, shall be removed with a majority vote of the Commission. Any member missing a total of four (4) meetings in a calendar year, with or without prior notice, shall be removed by a majority vote of the Commission . Prior notice shall be considered to be either a written or verbal statement to one of the members of the Executive Committee. 4 ' • • ( ( 0 CJ 4. Vacancies 5. A vacancy on the Commission shall be filled by City Council appointment. Whenever there is a vacancy, the Commission may make a recommendation or recommendations to Council to fill the vacancy. The member appointed to such vacancy shall serve for the remainder of the term of the member replaced. The duties are as follows: 1. Chairperson: The Chair shall serve as the Chief Executive Officer of the Commission; shall conduct Commission meetings; act as public spokesperson for the Commission at public functions; shall serve as ex-officio member of all committees; shall appoint the Chair and optional Vice Chair of all Standing Committees upon the advice of the Standing Committee; shall appoint ad hoc committees upon the direction of the Commission; may appoint a Parliamentarian, and shall perform all other duties as the Commission elects. 2 . Vice Chairperson: The Vice Chair shall act in the place and stead of the Chair in the event of his/her absence, inability, or refusal, to act, and shall exercise and discharge such other duties as may be required of him/her by the Commission. 3. Standing Committee Chair: The Committee Chair shall perform such duties as may be required of them by the Commission. 4 . Staff Liaison: The Staff Liaison shall be the managing officer of the Commission. He/she shall perform the duties usually performed by the business manager of a non-profit corporation. He/she shall present reports to the Commission, the individual members of the Commission, and to the City of Englewood as the business of the Convnission may require . The Staff Liaison will report to the City Council annually . The report will include the Commission's actions and accomplishments in connection with each project or undertaking . 5 . Members: Commission members shall attend regular meetings, join at least one Standing Committee and one event or special project committee. Members shall participate in Commission events. Members shall actively promote and support the Commission on its activities. 5 ' ... .. • • _,.. • ARTICLEV 1. Management of Funds The Commission will have the power to receive and disburse funds within the limitations of appropriations, gifts and grants, and In connection with projects or undertakings consistent with Article I, Section 3. Within the same limitation, the Commission will be empowered to contract with any private or public agency to the extent required for its proper operation. The Commission will present its proposed annual budget to become effective each January 1 indicating its anticipated revenues and expenditures, and the source of its anticipated revenues. The Commission shall keep such records as will enable it to make such reports and accountings and the same will be subject to verification and examination by the City Treasurer and/or auditors of the City. ARTICLE VI 1. Amendments These By-Laws may be amended by a two-thirds (2/3) vote of the Commission members present at any regular meeting provided: 1. A quorum is present; and 2. Notice was presented in writing at the previous Commission meeting. ARTICLE VII 1. Conflicts 2. In the case of any conflict between an Ordinance and these By-laws, the Ordinance will control. Majority As used in By-Laws, the term "majority" shall mean those votes totaling more than fifty (50%) percent of the members or a group designated. Unless otherwise stated all decisions will be a majority vote . 8/25/99 10/13/99 5/4/00 6 .) t ... .. • • I Mayor Woloyson, Members of City Council Dooley Gehr, Chair, Keep Englewood Beautiful November 9, 2005 Board and Commission Appointn:ient In February 2005, Michael Fraietta was appointed to the Keep Englewood Beautiful Commission. Since his' appointment, Mr. Fraietta _has attended only ttiree (3) me~tings . ' Although numerous attempts were made by · staff, and members of the Commission to contact Mr. Fraietta, he never returned any correspondence. Per Article IV 3 Resignation and Removal, of the Keep ~nglewood Beautiful Commission By-Laws : HAny Commission member m issing more than three (3) consecutive meetings without prior notice, in a calendar year, shall be removed with a majority vote of the Commission. w On October 11 1 2005, the Keep Englewood Beautiful Commission voted unanimously !O remove Michael Fraietta from the Commission due to lack of attendance specific to the By- laws, and lack of participation in Commission activities. The Keep Englewood Beautiful Commission respectively requests that City Council declare a va cancy on the Commission and appoint a new Commission member to fill Mr. Fraietta 's pos ition . Attachments • Atten dance • KE B Bylaws ·8b vaim 303.762.2342 -··· ... t • • KEB ATTENDANCE -2005 NAME 1111/2005 2/ll200S 3/ll2IIOI 4112/2GOI lt10/200I l/ll2GOI 711212001 l/ll2GOI "13121111 11111/JOOI 111Wal 1:tl13121101 Altetbum A p p E-A Brick A p A p Crotty p p p p Edwards p p E-A p p p p p p p p p p Kinton Montague Nabholz Ogonosky Olson p Passerinl p Roth p Sampson Wolosyn p Woodward p p p ( BY-LAWS KEEP ENGLEWOOD BEAUTIFUL ARTICLE I 0 :J. 1. Name 2. The name of the organization is "KEEP ENGLEWOOD BEAUTIFUL" hereinafter referred to as the "Commission." Creation The Commission was duly organized as a result of an ordinance and resolution adopted by the City Council on November 5, 1990, which ordinance adopted the "Keep America Beautiful System." 3. Duties The duties of said Commission shall be to promote public interest in the general improvement of the environment of the City of Englewood, to initiate, plan, direct, and coordinate programs for litter control in conjunction with and in cooperation with citizens, government, businesses and industries within the City limits of Englewood on a substantial basis; implement and maintain the Keep America Beautiful System; study, investigate and develop plans for improving the health, sanitation, safety and cleanliness of the City of Englewood by beautifying the streets, highways, alleys, stream banks, lots, yards and other similar places on both public and private property in said City; aid in the removal and elimination of trash and other debris from the streets, highways, alleys, lots, yards and other similar places; encourage the placing, planting and/or preservation of trees, flowers, plants, shrubs, and other objects or ornamentation in said City; advise and recommend plans to departments of the City for the beautification of Englewood and otherwise promote public interest in the g~neral improvement of the environment of the City of Englewood consistent with Ordinance No. 50 , Series of 1990. However, nothing herein shall be construed to abridge or change the powers and duties of other commissions, departments, boards , and like ag encies of the City of Englewood . 4 . Powers In order to perform the duties enumerated in Section 3 above , the Commission shall have the following authority: 1. To adopt by-laws to facilitate the attainment of its purpose and functions . 1 ' .. • • -·• • • 2. To plan, initiate, direct and coordinate community-wide efforts to achieve its goals. 3. To solicit and accept donations and appropriations of money, services, products , property, and facilities for expenditures and use by the Commission for the accomplishment of its objectives. 4. To make recommendations to the City Council as well as to the private sector regarding measures which it deems necessary to accomplish its objectives. ARTICLE II 1. Structure The Commission shall be composed of 15 members who will serve without remuneration. Commission members shall be appointed by the City Council for two (2) years consistent with City Ordinance #50, Series of 1990. 2. Officers The Chair and the Vice Chair shall be elected by a majority vote of the Commission. Chair and Vice Chair, together with the Staff Liaison, shall comprise the Executive Committee of the Commission. The Executive Committee shall report in a timely manner to the Commission on all its activities. The Executive Committee shall implement urgent items between meetings, identify long-term issues, and recommend direction for full Commission .. 3. Committees The Commission may establish Standing Committees which are necessary for the purposes of the Commission . Each Standing Committee shall be composed of a Chair, an optional Vice Chair and other members as needed to achieve the objectives of the Standing Committee. Other committees may be established as necessary to accomplish Commission goals. All committees shall be limited to six (6) or fewer members to preclude establishment of a quorum by a committee. 4. Ex-Officio Members Ex-officio members of the Commission shall include the Staff Liaison representative and City Council advisor. Ex-officio members may participate in meetings and serve on committees . 2 ' .· .. .. • • 5. 1. 2. 0 . Voting Rights All City Council appointed members of the Commission shall have one vote equal in weight. All voting shall be by voice vote; provided, however, the Chair of the Commission may, at his/her discretion, call for a roll call vote. A secret ballot may only be used in the election process for Chair or Vice Chair. Ex-officio members serve as non-voting members. ARTICLE Ill Regular Meetings Meetings shall be held once per month on the date and time designated by the Commission members. Should such meeting fall on a legal holiday, then that meeting shall be held at the date and time specified by the Commission. Special Meetings Special meetings of the Commission may be held when called by the Chair of the Commission or by any five Commission members. For such special meetings, at least three (3) days notice must be given to each Commission member. 3. Open Meetings All meetings shall be open to the public. Public notice of all regular Commission meetings shall be posted a minimum of 48 hours prior to the meeting. Notice shall be posted on the City Hall bulletin board or other public location as designated by the Commission . 4. Quorum A simple majority of the number of duly appointed Commission members shall constitute a quorum for the transaction of business. 5. Transaction of Business Every act or decision done or made by a majority of the Commission members present at a duly held meeting at which a quorum is present shall be regarded as t he act of the entire Commission. 3 ' • • ·• • • 6. Time Duration Meetings shall commence promptly at the time designated by the Commission members. A meeting, which may also incl ude Standing Committee meetings, shall not last longer than two (2) hours from the time it commences, unless a majority of the Commission members present at a duly held meeting vote to allow such meeting to continue for longer than the two (2) hour time duration. 7. Robert's Rules of Order All meetings shall be conducted according to Robert's Rules of Order, Current Edition. It shall be the responsibility of the Parliamentarian, if appointed, to observe that these rules are followed and the meeting conducted in accordance therewith. 8. Records Records of approved minutes of regular Commission meetings shall be maintained in the office of the City Cieri<. ARTICLE IV 1. Tenure All members shall be appointed for terms of two (2) years. 2. Special Appointments 3. The Commission may elect such others as the affai,l'S of the Commission may require, each of whom shall hold office for such period, have such authority, and perform such authority, and perform such duties as the Commission may determine. Resignation and Removal Any member may resign at any time giving written notice to the Chair and City Council. Such resignation will take effect on the date of receipt of such notice or at any later date than specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective . Any Commission member missing more than three (3) consecutive meetings without prior notice, in a calendar year, shall be removed with a majority vote of the Commission . Any member missing a total of four (4) meetings in a calendar year. with or without prior notice, shall be removed by a majority vote of the Commission . Prior notice shall be considered to be either a written or verbal statement to one of the members of the Executive Committee. ' ... • • --- 4. Vacancies 5. A vacancy on the Commission shall be filled by City Council appointment. Whenever there is a vacancy, the Commission may make a recommendation or recommendations to Council to fill the vacancy. The member appointed to such vacancy shall serve for the remainder of the term of the member replaced. The duties are as follows: 1. Chairperson: The Chair shall serve as the Chief Executive Officer of the Commission; shall conduct Commission meetings; act as public spokesperson for the Commission at public functions; shall serve as ex-officio member of all committees; shall appoint the Chair and optional Vice Chair of all Standing Committees upon the advice of the Standing Committee; shall appoint ad hoc committees upon the direction of the Commission; may appoint a Parliamentarian, and shall perform all other duties as the Commission elects. 2 . Vice Chairperson: The Vice Chair shall act in the place and stead of the Chair in the event of his/her absence, inability, or refusal, to act. and shall exercise and discharge such other duties as may be required of him/her by the Commission. 3. Standing Committee Chair: The Committee Chair shall perform such duties as may be required of them by the Commission. 4 . Staff Liaison: The Staff Liaison shall be the managing officer of the Commission. He/she shall perform the duties usualy performed by the business manager of a non-profit corporation. He/she shal present rapofts to the Commission, the individual members of the Commission, and lo the City of Englewood as the business of the Commission may require. The Staff Liaison will report to the City Council annually. The report will include the Commission's actions and accomplishments in connection with each project or undertaking . 5 . Members: Commission members shall attend regular meetings, join at least one Standing Committee and one event or special project committee. Members shall participate in Commission events. Members shall actively promote and support the Commission on its activities. ., t ..... .. ' • • ARTICLEV 1. Management of Funds The Commission will have the power to receive and disburse funds within the limitations of appropriations, gifts and grants, and in connection with projects or undertakings consistent with Article I, Section 3 . Within the same limitation, the Commission will be empowered to contract with any private or public agency to the extent required for its proper operation. The Commission will present its proposed annual budget to become effective each January 1 indicating its anticipated revenues and expenditures, and the source of its anticipated revenues. The Commission shall keep such records as will enable it to make such reports and accountings and the same will be subject to verification and examination by the City Treasurer and/or auditors of the City. ARTICLE VI 1. Amendments 1. These By-Laws may be amended by a two-thirds (2/3) vote of the Commission members present at any regular meeting provided: 1. A quorum is present; and 2 . Notice was presented in writing at the previous Commission meeting. ARTICLE VII Conflicts 111 the case of any conflict between an Ordinance and these By-laws, the Ord inance will control . 2. Maa Y. As used in By-Laws, the term "majority" shall mean those votes totaling more than fifty (50%) percent of the members or a group · designated. Unless otherwise stated all decisions will be a majority vote. 8/25/99 10/13/99 5/4/00 6 <• t .. .. ( • • Message Tricia Langon From: Nancy Fenton Sent: Tuesday, November 08, 2005 4 :54 PM To: Tricia Langon Subject: FW : City Council Minutes Importance: High --Original Message-- From: Laga, Randle D [mallto:randla_lagaOmerck.com] Sent: Tuesday, November 08, 2005 2:29 PM To: Nancy Fenton 5ubjec:t: RE: City C.oundl Minutes Imporma:Hlgh Nancy, NOV 4 2'.l05 I unfor1unately need to withdraw my seat of allemate member. When I first applied, I signed up for bolh P&Z as well as Code Enforcement thinking I would only get one and have to commit one night a month. Since I am also on the convnission for code enforcement and since P&Z ii twice a month, I have found II to ba a challange to juggle this with my out of town travel for work as well as having time for my family . I hope I do not cause the commission any undue hardship and please let me knoW if there is anything I need to do to formalize my withdrawal. Thank you, Randia Laga Bd MEMORANDUM '' TO: Mayor and Members o~City Council I. FROM: Joe Christie, Chair Jw,.~ 'i7'tj_J__ and Mcmbcra of the 8'~ ~on Advisory Committee (ETAC) C>ATE: November 10, 2005 SUBJECT: RESIGNATION OF REGI MacLARBN AND APPOINTMENT OP MARK CRAFI' Prior to the October ET AC meeting. WC n,ccived • verbal notification from Committee Member Rcgi Macl.aren that he wished to resign from the committee. We have since n,ccived a writren resignation from Mr. Macl.aren, aaached. We would like to request that Council accept Mr. Macl.aren'a resignation, effective October 26, 2005. Additionally, we ask that you appoint our AJtcmatc Member, Mark Craft. to fill the remainder of Mr. Macl.aren's term. Thank you for your consideration, and please contact me at 720-201-7435, or Rcc:arding Secretary Wilb at 303-762-2500, for funlm information. /lw Attach. c: GarySem o.aroa- JOE CHRISTIE CHAIRMAN ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE ENGLEWOOD COLORADO JOE, AS PER MY CONVERSATION WITH YOU I Will NOT BE ABLE TO PARTICIPATE IN THE FORTHCOMING ETAC MEETINGS DUE TO SEVERAL PROBLEMS THEREFORE IT IS REQUESTED THAT MY RESIGNATION MAY PLEASE BE ACCEPTED. THANK YOU VERY MUCH SINCERELY REGIMACLAREN t • • C COUNCIL COMMUNICATION Date: Agenda Item: Subject : November 2 1, 2005 9 Ci 2005 "Winter Food for Fines" Program Initiated By: Staff Source: Englewood Public Library Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program since 1990, and each year the City Council has vo iced its support. In 2003, the annual Food for Fines program was expanded to twice a year at the reques t of the Library Board, and subsequently approved by City Council, for two weeks during the summe r as well as two weeks at the end of the calendar year as a way to mitigate the increase in Overdue Library Fines and as a way to encourage the timely return of Englewood Public Library (E PL ) materials so th at th ey can be use d by more people . The two week Summer Food for Fines program covers the last week of the public school yea r and the first week of vaca tions, a time when students and teachers are cleaning out th eir desks and lockers in preparation for the summer break, and many find ove rdue Library materials . The two weeks of the Winter Food for Fines program traditionally covers the period in between the Thanksgiving and Christmas holidays. Historically, each of th ese two bia nnual even ts averages $1,000 to $1 ,500 in donated food items for the Interfaith Community Servi ce s food bank . RECOMMENDED ACTION The Library D epartm en t recommends City Council ap proval of a Resol ution authorizing the Library D epar tm en t to im pl emen t its 2005 Wint er Food for Fines program from Monday, November 28 through Sunday, December 11, 2005. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED For the past 15 years, the Englewood Public Library has provided its "Food for Fines• program as a wa} for those pa tr ons with fines on their ove rdue EPL materials to "pay" them off through the donati o n o f no n-perishable food i tems that. in turn, benefit local area families. Following 2003's increase in maximum Overdue Fines from $2 to $5, the Library Board requested that the number of food item required to pa off a single 0\ erdue charge at o be increased beginn ing with the 2004 \ inter Foo d for Fines program, e.g. it no takes two food items to ca ncel out the late charges (not losr o r damaged charges) on one overdue item . These food items must be presented to the Library taff at the Circulation De k in order for the fines to be cleared from the patron's computer record. The o lle cted food ,terns are th en forwarded to Interfaith Community Services for their •food bank " d1s1r1buti o n to finan iall disad\antaged families in the Englewood area. This program has bee n \\ arml} rec ei\ ed b the public since 1t in ption. and Library patrons no look forward to it a a \\J} o f helping others \\hile rehe\mg their o,,n financial obligati ons. Thus. the program <· ' .. • • presents a positive image of the Library and the City and is a "win-win" situation for everyone involved. FINANCIAL IMPACT • Since its inception, this program has raised an estimated $23,690 in donated non-perishable food items to assist needy families in the Englewood area. • The money that the Library collects each month in "late charges# (i.e . charges on books and other EPL items returned past their original "due date# and past the 3 day "grace period") goes to the City's General Fund. These revenues traditionally drop about SO"A, during each of the Library's two-week Food for Fines programs, but the loss is more than offset by the "good will" this program generates among Library patrons and by getting the Library materials back on the shelves so that others can use them. LIST OF ATTACHMENTS Resolution . RESOLUTION NO. SERIES OF 200S A RESOLUTION AUTHORIZING 11IE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 28, 200S THROUGH SUNDAY, DECEMBER 11, 200S . WHEREAS, the Englewood Public Library has spomorcd a "Food for Fines" program during the November/December holidays for the past fifteen ycan; and WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items; and WHEREAS, the food items arc then forwarded to the Interfaith Community Services fo r distribution to financially disadvantaged families in the Englewood area; and WHEREAS, the program is a benefit to the community in that the disadvantaged arc assisted and the air cleared with respect to fines and the City receives its library materials back; NOW, TIIEREFORE, BE IT RESOLVED BY 11IE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, THAT: ~. The Englewood City Council hereby authori7.a the Englewood Public Ubnry's implementation of the annual "Food For Fines" program from November 28, 200S through December 11, 200S. The "Food For Fines" will then be forwarded to the lnlcrfaith Community Services for distribution to financially disadvantaged families in the Englewood area. ADOPTED AND APPROVED this 21st day of November, 200S . ATTEST : Olga Wolosyn, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A : Ellis, City Cleric for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of200S . Loucrilhia A. Ellis, City Cleric t • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO . 54 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "FEDERAL EQUITABLE SHARING AGREEMENT'' BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE DISBURSEMENT, WITH RESTRICTIONS, OF FEDERALLY SEIZED OR FORFEITED CASH OR OTHER PROPERTY . WHEREAS , this Agreement sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of the federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating law enforcement agencies; and WHEREAS, authorization of this Agreement is nlid for the City of Englewood's continuation of participation in the United States Department of Justice Federal Equitable Sharing thru September 30, 2008; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby authorizes the intergovernmental Agreement entitled "Federal Equitable Sharing Agreement" between the United States Department of Justice and the City of Englewood, Colorado pertaming to the disbursement, with restrictions, of federally seized of forfeited cash or other property, attached hereto as "Exhibit A". ~J. The City Manager is hereby author.zed to sign said intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 7th day of November, 2005. Published as a Bill for an Ordinance on the I Ith day of November, 2005 . Read by title and passed on fmal reading on the 21 11 day of November, 2005 . -1- • • Published by title as Ordinance No. __, Series of 200S, on the 2Sth day of November, 200S. ATTEST: Olp Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 200S. Loucriahia A. Ellis -2- • • ·• • Federal Equitable Sharing Agreement VALID THRU SEPTEMBER 30, 2008 Law Enforcement Agency: Englewood Department of Safety Services 0 Check if New Participant 0 Sheriff's OftlcdDcponmm& 0 ,_., Olllco O Otber _____ _ Contact Person: Christopher H. Olson E-mail Addrns: colaon@englewOCJdaov .ors Maillng Addreu: _J6_1_s,-s_. E_lati_· s_L ________ ....,EnaJcw,,,...;,_ooc1 ______ ,,,.c_o-,-----=so::-:11:-o,...,... __ (Slnel) (C'IIJ) (S-) (Zip Code) Telephone Number: ~ _7_62_-2_4_11 _____ _ Fax Number: ~ _1_62_-2_4_91 _____ _ Agency Fiscal Year Ends on: _1_2JJ_1 ______ _ NCIC/ORUTracklng No.: _cooo __ Jo_1_00 ____ _ (Moolb/Iloy) Thil Federal Equitable Sharia& A1reemen1 entered into amona (I) the Fecletal Government, (2) the above-stated law enforcement aaency. and (3) the 1overnin1 body sets fonh the requirements for pafficipation in w, federal equitable sharins proaram and the restrictions upon the use of federally forfeited cash. propeny, proceeds, and any interest earned thereon, which are equitably shared wi!b panicipatin& law enforcement aaencies. By their signarures, the panics apee that they will be bound by die statutes and pidelines that rep late shared uaets and the followin1 requirements for panicipation in the federal equitable lharins propam. 1. SubmlHlon. The Federal Equitable Sharin1 A1reementand the Federal Annual Certification Repoff mut be submitted 10 both the Depanment of Justice and the Deparunent of the Treuwy wi .. a copy provided III the U .S . Allllrney in the dinrict in which the recipient law enforcement aaency is located, in accordance widl the iUlnletiou received from Ibo respective departmona or u oudined in their equitable sharia& guidelines. Asaet Forfeirure and Money Lauoderin1 Section U.S . Department of Justice I Otb and Constitution A venue, NW Bond Buildina, Io• Floor Wuhinston, DC 20530 Fu: (202) 616-13« E-mail address: ofmls.ocalilusdoj.gov Executive Office for Asset ForfeiNrO U.S. Department oftbe Treuury 740 15th Street, NW Suite 700 Wulliap,a, DC 20220 Fu: (202) 622-9610 E-mail addreas: qeu.aca@1901{.qeu.19v 2 . Slgnatorloa. This a1reemeot must be si1ned by the head oftbe law enforcement asency and tho head oftbe aovornin& body. Examples oftaw enforcement asency heads include police chief, sheriff, dinlcmr, co-illionor, auperiatncleat, admiailtnmr, cbairpenoo, secretary, city attorney, county attorney, clinrict llloney, proaecutiq attorney, state aaorney, co-awealtll attorney, and attomey 1eneral. Eumples of aovernin& body heads iDcludi, city manapr, mayor, city co11Dcil chairponoa, co11Dty executive, county council chairpenon, director, secretary, admilliatn111r, co-iuioaet, and aovernor. Receipt er Ille .... " •1reemHt Is a prerequisite to rocolvl•& ••Y equitably abare4 caab, p,.perty, er p,.CNda. 3. U•••· Any shared asset shall be used for law enforcement purposes in accordance with the statutes and pidelines tllat 1overn equitable sharin1 and as specified in the equitable sharias request (either a DA0-71 or a TDF 92-22.46) submitted by the requestin1 a1ency. 4 . Tranafern. Before the undersi1ned law enforcement a1ency tnufen cub, property, or proceeds Ill otllor state or local law enforcement agencies, it must verify first that the receivins a1ency bu a current and valid Federal Equitable Sharias A.....,.ent on file with both the Deparunent of Justice and the Department of the Treaaury. lftlltro ia no •....-••ton Ille, tilt 11Ddanisned law enforcement •&ency must obtain one from the receivin1 apac:y and forward it III Iha Dopanmaat of Justice and the Depaffmeot of the Treasury as in item l . A list of recipient& and the amo11Dt tnuC.rred must bo attached Ill tile Fodaral Aaaual Cenification Repoff. - ! I i A ; • • 5. Internal Controls. The parties agree to account scpaniely for federal eq,aitable sbariaa ftaada received from tbe Departmnt of Justice and tbe Department oftbe Treasury. Funds from slate and local forfeiaarn and odler sourcn mllll not be commmped wilh fedenl equitable sbarin1 funds . Tbe recipient a1ency shall establish a sepanie revanue account or accountina coda for llale, local, Department of Jus,ice, and Department of die Treuury forfeitun funds. lalerest income 1nenled muse be accounled for in die oppropriaie fedenl forfeilllre fund account. The parties a1ree that such accountin1 will be subject to tbe 11andard accountin1 requiremnll and pnclices employed for other public monies u supplemented by requirements ser fonll in tbe current edition oftbe Depanmen1 of JUltice's A Guill• to E9ultobt. Sltarl111 of Federally Forfelltld Property fo~tat• a11d Local Law Ellforc••11t A1et1cla (J,ullce Gulde), and die Depanmen1 of tbe Treasury's Guld• to Equitable Sltarl111 for For•l111 CoU11trlu a,ul Fed•ral, S1111e, IUld Local Law E11forc•••Nt A1e,cc/u (l'r•anry Gutd•). Tho accountina of sbared funds muat be reported on tbe Allnual Certification Repon. Tbe mi1111t or misapplication of sbued resourct1 or die supplantatioo of uiltina reaourct1 widl shared -11 ii probibiled. F~ilun to comply wilb any provision of Ibis a,rcemn1 shall subject tbe recipient apncy to die sanctiou stipulated in tbe current edition oftbeJ,ullce or Treur,ry Gutd•1, dependin1 on tbe source oftbe funds or property. I, Federal Annual Certification Raport. The recipient aancy slaall submi1 an ADnual Certification Report to the Department of Justice and lbe Department oftbe Treasury (11 tbe sddreues shown in item I) and a copy to tbe U.S. Al!Orney in lbe disaic:t in wbicb tbe recipiep1 a1ency is located. The certification rouse be submitted in accordance widl tbe in111Uetion1 received from the respective departments or as outlined in the Jullc• or Treanry Gutdu. Receipt of die certi(,carion repon is a prerequisite to receivina any equilably shared cub, property, or proceeda. 7. Audit Raport. Audits will be conducted as provided by lbe Sinai• Audit Act Amendments of 1996 and 0MB Circular A-133. Tbe Dcpar1men1 of Justice and the Department of the Treasury reserve tbe rip! to conduct periodic nndom aud;ts. la. During the pHt 3 yHra, hH your agency bHn found In violation of, or entered Into • settlement agraamant pursuant to, any nondlacrlmlnatlon law In federal or atate court, or befora an admlnlatratlve agency? 0Nv (If you answered yn, aaacb relevant information. Soe inatnactiou.) lb. Ara thera pending In a federal or state court, or befora any federal oratate admlnlatratlve agency, procHdlnga against your agancy alleging discrimination? QNo (If you answered yt1, aaacb relevut informatioD. See i11111Uctiou .) The uedeni1ned cenify tbai the recipient •aency is in compliance witb !he nondiscrimiaation requiremen11 oflbe followina laws and their Depar1men1 of Justice implementina replatiou: Tide VI of tbe Civil Rlpll Ac! of 1964 (42 U.S .C. f 2000d eta9.), Tide IX oftbe Education Amendmen11of 1972 (20 U.S.C. t 1611 •U.c,.), Section 504 oflbe Rebabili11tion Act of 1973 (29 U .S :C . f 794), and tbe Ase Discrimination Act of 1975 (42 U.S.C. f 6101 er-,.), wbicb prohibit discrimination on the basil of race, color, utional oriain, disabilily, or qe la any federally uailted prosnm or activity, or on tho buis of sex in any federally usisled education propun or activity. Under penalty of perjury, !he undeniped officials certify Iba! die ncipiul -or local law 1111Cc,rcemu1 qency ii ill compliance wilb the provisions of the JU1tlce and/or Tl'HIUry Gutdu and die National Code of ProC.uional Conduct for Auet Forfeirure. -(Prilllor'!'ypc> Christopher H. Olson o.... __ _ , Noms{Pritttar'l'ypo),_Gary........;c...San ______ o.. __ _ Llw~t"-'!Had °"""9ill llady 111M s...-,.: _____________ _ S.-11:. ________________ _ TIiie: Director of Safety Services llw C-is au1!J<ct to t111 F...ia.ot""---Act_._._ ........ S U.S.C. f SS1. - ' .. ,• • • ( C ·• • • Federal Equitable Sharing Agreement Instructions Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency -e.g., Anytown Police Department This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out If a task force, provide a list of member agencies, addresses, and lead agency, if designated. New Participant: Check this box if your agC!l,cy has never received any cash, proceeds, or property from the equitable sharing program. Contact Person: Enter the name of the person who can provide additional information on the sharing agreement form . E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency. Ila/ling Address: Enter your agency's complete mailing address (number, street, city, state, and zip code). Telephone Number: Enter the phone number of the contact person, including area code and extension. Fax Number: Enter your agency's fax number including area code. Agency Fiscal Year Ends on: Enter the ending date (month/day) of your agency's fiscal year -e.g., 6/30 . NCICIORVTracklng No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code -e.g., CAOOOOOOO -or tracking number assigned by the Asset Forfeiture and Money Laundering Section. Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement agencies that receive federal financial assistance from the Department of Justice (DOJ) are subject to the provisions of: (I) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and ( 4) the Age Discrimination Act of 1975, which prohibits discrimination on the basis ofage. Federal financial assistance includes funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing. Agencies receiving assistance are required to permit DOJ investigators access to records and any other sources of information u may be necessary to determine compliance with civil rights laws. If tile "yes" box ii claecked la 8a and/or Sb, provide tlle followlna illformation: tbe name of tile case; a summary of the complaillt; and the statu of the cue -11.1,, Joan v. Aaytown Pollce Department; sex dilcrlmilladon; settled. Please do not send a copy of the complaint Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the form. Name and title of the signatory must be printed or typed. Examples of law enforcement agency heads include police chief, sheriff, director. commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney , commonwealth attorney, and attorney general. For task forces, the law enforcement agency bead is the person who oversees task force operations and may be the chief law enforcement officer of the lead agency -e.g., polic e cbief or sheriff -or a commander, lieutenant, or captain who oversees task force operations. By signing the agreem ent, the signatory ce rtifi es that the rece iving state or local law enforcement agency is in compliance with the Jwstice and Treasury Guides , and agre es to be bound by the statutes and guidelines which regulate the equitable sharing program . Governing Body Head: The bead of your governing body must sign and date the form. Name and title of the signatory must be printed or typed . For purposes of this form, a governing body is the person or entity that has appropriations authority over your agency. That is, the governing body bas legislative authority to approve your aaency's annual budgeL Examples of governing body beads include city manager, mayor, city council chairperson, county executive, county coun cil chairperson, director, secretary, administrator, commissioner, and governor. In 1eneral, a law enforcement oftlclal sbould aot sl1a as the aovernina body bead. An exception will be granted for law enforcement officials that bave appropriations authority over a task force . For task forces with a governing board, the board chairperson should sign u the governin1 body bead. Task fcrces wbose budgets are approved in the same manner as a city, county, or state law enforcement agency should obtain the signature of the appropriate official -e.g., city manager, mayor, etc . By signina the apemcnt, the sipatory certifies that the rece iv ing state or local law enforcement agency is in compliance with the Justice and Treasury Guida, iiiiii'° bo bound by the statutes and gu idelines wh ich regulate the equitable sharing program. I · t • • ' -· ( ( COUNCIL COMMUNICATION " Date: Agenda Item: Subject: November 21, 2005 11 Ci Contract Extension for Transit Shuttle Services Initiated By: Staff Source: Community Development Department Harold J. Stitt, Community Development Manager PREVIOUS COUNCIL ACTION Council approved by Ordinance 50, Series of 2004, an Intergovernmental Agreement (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle for 2004-2007 . RECOMMENDED ACTION Staff recommends Council adopt a Resolution authorizing an agreement between the City of Englewood and Laidlaw Transit Services, Inc . for the 2005-2006 operation of the Circulator Shuttle in the amount of $213,722. BACKGROUND AND ANALYSIS This contract extension will provide for all vehicles and operational components of the project. Fuel will be supplied by the City, with reimbursement to the appropriate fund, to eliminate state and federal gasoline taxes , reducing fuel costs by approximately $.SO/gallon . FINANCIAL IMPACT For 2006, th e Laidlaw contract is $213,772 which represents a slight increase above the origina l proposed amount. The increase is due to higher labor and commodity costs. The source of funds for this contract comes from a grant from the Federal Government through th e Congestion Mitigation and Air Quality Improvement (CMAQ) program. The CMAQ program, j oi ntly administ ere d by the Federal Highway Administration (FHWA) and the Fede ral Tran sit Administration (FTA), funds projects that reduce criteria air pollutants reg ulated from transportation-re lat ed sources. ' The thr ee yea r Federal grant provides a total of $662,278 ($212, 160 for 2005; $220,646 for 2006; and $229,472 for 2007 .) The Federal grant requires a 20% local match which is split equa ll y between RTD and th e City. Englewood's required 10% match is $21 ,216 for 2005; ' .. • • $22,065 for 2006; and $22 ,947 for 2007. The required match for 2006 is included in the approved Community Development budget. ATTACHMENTS Resolution Contract (; ( ) t • • - C ( RESOLUTION NO . SERIES OF 2005 A RESOLUTION AUTHORIZING THE EXTENSION OF TRANSIT SHUTILE SERVICES OPERATIONS CONTRACT BETWEEN LAIDLAW TRANSIT SERVICES, INC. AND THE CITY OF ENGLEWOOD FOR THE OPERATION OF THE ENGLEWOOD CIRCULATOR SHUTTLE FOR 2006. WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between the City and the Regional Transportation District for funding of the Englewood Circulator Shuttle for 2004-2007 by the passage of Ordinance No . SO, Series of 2004; and WHEREAS, the passage of this proposed Resolution approves the extension of the Transit Shuttle Services Operations Contract and will provide for all vehicles and operational components of the project; and WHEREAS, the Extension represents a slight increase due to the higher labor and commodity costs; and WHEREAS, the source of funds for this Contract comes from a grant from the federal government through the Congestion Mitigation and Air Quality Improvement (CMAQ) program which is jointly administered by the Federal Highway Administration (FHW A) and the Federal Transit Administration (FT A) which funds projects to reduce air pollutants from transportation- related sources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIA T: ~-The Extension of Transit Shuttle Services Operations Contract between Laidlaw Transit Services, Inc and the City of Englewood, pertaining to the Englewood Circulator Shuttle for 2006 , attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. ~ 2. The Mayor and City Clerk are authori7.ed to execute and atlelt said Extension Of Transit Shuttle Services Operations Contract for and on behalf of the City ofEn&Jewood. ADOPTED AND APPROVED thi s 21st day of November, 2005 . ATTEST : Olp Wolosyn. Mayor Lo ucri shia A. Elli s, Ci ty Clerk • • 1, Loucrishia A. Ellis, City Clerk for the City of Enslewood, Colorado, hereby certify the above is a true copy of Resolution No . ___, Series of 2005. Loucrisbia A. Ellis, City Clerk C ( [J EXTENSION OF TRANSIT SHUTTLE SERVICES OPERATIONS CONTRACT This Contract is made and entered into as of the __ day of ____ _, 2005, by and between the City of Englewood, a Colorado Municipal Corporation (City) and Laidlaw Transit Services, Inc., a Delaware Corporation (Laidlaw). WHEREAS, Ordinance No. 50, Series of 2004, provided for funding for a shuttle service within the downtown area of the City of Englewood, Colorado; WHEREAS, th~ purpose of the project was to implement various transportation services and improvements to reduce dependence on the single occupant automobile, facilitate movement of traffic to and within the commercial areas of the City of Englewood and to minimize traffic congestion in the shuttle area; WHEREAS, the Contract for transit shuttle services operations from September 2004 to September 2005 was granted to Laidlaw Transit Services, Inc.; WHEREAS, Ordinance No. 50, Series of2004 and the original Contract dated August 2, 2004 provides for an extension for the Contract for two consecutive one year periods subject to the same terms and conditions; WHEREAS, in the original Contract the costs of the shuttle operations for 2004-2005 was $207,538; WHEREAS, the parties wish to extend this Contract for the period of September 2005 -2006; however, due to incrcascd operating expenses the compensation due to Laidlaw for 2005-:1006 year period will be $213,772; NOW , THEREFORE , in consideration of the mutual covenants and stipulations provided in the original Contract and hereinafter, the parties agree to extend the Transit Shuttle Services Operations Contract of August 2, 2004 for the 2005 -2 006 period ending on September 6, 2006 . ,· -l - f A ' • • IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. LAIDLAW TRANSIT SERVICES, INC. STATE OF COLORADO COUNTY OF..)eff,u,oh ) )ss. ) The forer;;s instrument was acknowl~ before me this 12_ day of blmtm V , 200S, by~ ~ as Vice President of Laidlaw Transit Services, Inc. My oommwion oxpua (n 111 I 'LOO" ®. ~7 CITY OF ENGLEWOOD, COLORADO By:--------- Gary Sears, City Manager AITEST: Loucrishia A. Ellis, City Clerk -2 - • t • • ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 21, 2005 11 C ii Mile High Housing Fund Initiated By: Staff Source: Community Development Department Mark Graham, Senior Planner COUNCIL OUTCOMES AND PREVIOUS COUNCIL ACTION This request supports the following Council Outcomes: • A City that provides and maintains quality infrastructure . • A City that is safe, clean, healthy and attractive. • A progressive City that provides responsive and cost efficient services . • A City that is business-friendly and economically diverse . City Council approved a 2001 request from the Mile High Housing Fund for a $50,000 loan to par- ticipate in creating a metro-area affordable housing loan pool. RECOMMENDED ACTION Staff recommends that Council support, by Motion, renewal of the $50,000 loan to the Mile High Housing Fund for five years. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Five years ago, the Metro Mayor's Caucus asked Englewood to participate in a housing loan pool wi th other metro cities, the state and federal agencies. Englewood and several other cities in the me tro area were receiving a refund from financing the Coors Baseball Field at the time . Englewood pledged $50,000 for five years, due January 6, 2006. Thirteen founding investors pledged financial support to the Mile High Housing Fund creating a loan pool of $9 .8 million. The loan pool has grown to $11 million. Since May 2000, MHHF has committed $20.5 million in 64 loans, financing 2,753 housing units, and leveraging $219 million. Three Englewood projects have or will benefit from the loan pool : 1. The Western Arapahoe County Homeless Alliance (WACHA) received a loan from MHHF of $150,000 to acquire the building for the House of Hope. The facility provides 15 resi- dential units . 2 . Rocky Mountain Housing Development Corporation is submitting an application for acqui- si ti on of the Layton Gardens Apartments. .. I' I 4 ' • • 3. Englewood Community Deve:opment Department, Housing Rehab Program, established a $500,000 line of credit with MHHF to have funds available to purchase rehabbed homes in foreclosure. The MHHF serves the seven-county Denver metro area, lending to both commercial developers and non-profits on projects that include affordable housing. Most loans are collateralized and short term; six months to five years. The Fund specializes in providing the #early" money for affordable housing projects, for example : pre-development, land acquisition, and construction funding. MHHF is expanding the types of projects that it will lend on to include non-profit facilities, such as senior centers and child care centers. It is also planning to provide technical assistance and financ- ing for mixed use projects that include commercial uses. FINANCIAL IMPACT Englewood has loaned the MHHF $50,000 for the past five years and is requesting that the loan be iAcFeaseil or renewed for another five years . LIST OF ATTACHMENTS None •• • • 1. 2. 3. 4. 5 . ·• • c.nro~~ Invocation~---- Pledge of Allegiance ___ _ Roll call cc I I /7/<2.S'minutes ~ . .. ; -- • { ··---. I , I \ ' '. , .. __ _..,,, •· 1. 2. ·• • AGENDA FOR THE REGULAR MEETING OF THE 1::NGLEWOOD CllY COUNCIL Monday, November 21, 2005 • 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call ,o o,de,, 7~ Invocation .~ 3 . Pl edge of A ll egiance . 4. Roll Call. 5. Consideration of Minutes of Previous Session . 0 . l~ ~ /,(} M;"""' •om <he Reg,la, O'Y Co,"dl meeti"g of No,embe, 7, 200~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) ' • • 0 0 Eng lewood City Council Agenda Novembe r 21, 2005 Page 2 8 . Communications, Proclamations, and Appointments. A memorandum from the Keep Englewood Beautiful Commission ~e:'in_g t~at !=ily Council declare a vacancy with a term expiring 1-ebruary 1, 2006. tl!Y~ A memorandum from the Keep Englewood Beautiful Commission requesting that City Council declare a vacancy with a term expiring February 1, 2007. ~ An e-mail from ~dia L_aga a_nnouncing her resignation from the Planning and Zoning Commission . c:7~· ~· • .r/'n e-mail from Regi Mac aren announcing his resignation from the Transportation -f'rtf I -[/Advisory Committee. 9 . Consent Agenda Items. a. Appro~rdinances on First Reading . b . Approvrdinances on Second Reading. Op/1~ Resolutions and Motions. ~ i. Recommendation from the Englewood Public Library that Council adopt a ~,,, Resolution authorizing the Library's "Winter Food for Fines" program from ~ Monday, November 28 through Sunday, December 11, 2005. STAFF SOURCE: Hank Long, Director of Library Services. 10. Public Hearing Items . (No Public Hearing Scheduled .) {r 11 . Ordinances, Resolutions and Motions. a . Approp-ordinances on First Reading . Approval of Ordinances on Second Reading . , Council Bill No .. 54 approving a Federal. E~~i!a_bl) ~h~ng ,Jsreement with the Uni ted Sta tes Department of Justice . ~U"L,l. c. Reso lutions and Motions. Recomme ndation from the Community Development Department that Council adopt a Re solution authorizj,tl_a an agreement between the City of Englewood and Lai:;ydaw Tr nsit Serv!c_es, f,c;J~ 2005-2006 oper.ltion of the Circulator Shultle I I VT)'l'J'W" .. -. . ' . II • · · Plea e note: If ou ha, e a d1sab1lity and need awc1liary aids or seMces, please notify the City of tnglewood (3 03 -762 -HO ) a l least 48 hours in advance of \<\-hen ervices are needed. Thank you. I• ' ... .. • • Englewood City Council Agenda November 21 , 2005 Page 3 in the amount $213,72 2 . STAFF SOURCE: Harold J. Stitt, Community Developm t Manager. ii. R endation from the Community Development Department, by Motion, to /,;-3<j/ e_ the $50,000 loan to the Mile High Ho11s!n_g,.Funp for five_,Mears . STAFF ~ ~CE: Mark Graham, Senior Planne> ~ 12. G en eral Discussion : a . Mayor's Choice . trj-f) Request~reschedule the January 3 2006. ~ • 7 b. Council Members' Choice. 13 . City M anager's Report. ~~-@~ The following minutes were tr ansmitted to City Council from November 4 to November 17, 2005 : • Alliance for Commerce in Englewood meeting of September 8, 2005. • Board of Adjustment and Appeals mee ting of October 12 , 2005 . • Code Enforcement Advisory Committee me eting of September 21 , 2005 . • Cultural Ar ts Commission meeting of O c tober 5, 2005 . • Keep Englewood Beautiful Commission meetings of September 13 and October 11 , 2005 . • Liquor Licensing Authority meeting of October 5, 2005 and telephone polls of September 7, September 21 , and October 19, 2005 . • Pl ann ing and Zoning Commission meeting of September 20, 2005 . • Englewood Public Library meeting of October 11 , 2005 . • Tran sportation Advisory Committee meetings of September 8 and October 13 , 2005. Plea e note : If )OU ha, e a d1sab1hty and need au~ihary aids or services, please notify the City of Englewood {303·762-240 7) al least 48 hours in advance of when services are needed. ~nk ~ou . .· .. .. • • CJ ' : . . • • •• - • - ------~'""'---,-~-·--~- Jc..toq 70 • • ·• ~- • • 0 ' • • . ~ (1vJlL~ AGENDA FOR THE REGULAR MEETING OF ~ fPt:: TH~=:~~:ac:::rr:t:CIL ~ ~ o<dl~f{ 7:30 p.m. ~ ~ PEnglewood Civic Center-Council Chambers t!: "~ 1000 Englewood Parkway \~/J..th '() Englewood, CO 8011 O ~ -N,j(i:~ - 1. Calltooroe, 1~S ~:.~i-,~~ 2 . Invocation. , "' V'" \ ~ 3 . Pledge of Allegiance . ~ 4 . Roll Call. aiQ. k..L>..,u..., 5 . Consideration of Minutes of Previous Session . ~~ a. u)~ Minutes from the Regular City Council meeting of November 7, 2005. 60\ Recognition of Scheduled Public Comment. (Please limit your presentation to ten 'bl \ minutes.) ' \t)lc a\ -d)(l}l>Ji tJ,I~~ Englewood Neighborhood Watch Block Captain Mary F. DeWitt , and other members of Neighborhood Watch , will be present to address City Council regarding vehicle speed issues near Jason Park . 'f ::is o -e,A(!. W t.U ~ Doug Cohn w ill be present to talk with Council a~t issues t~t ptme up during his campaign conversations with citizens . a)m ~/I S WaA{,¥" (JWli.<.-lr1 ~ fM*- ......., .J.A.ti,..., r>~ ---o ~M'l~')ll,~ ~ -, -- Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to G~Discy_.ssionJ ~ "1N....._ _ ~· · . ~-f,oA . i;s1 if,..a.(..t.. u,v,, -~, ., ... : .... ""' • ~~ · r , . ..,. ... ,..s ,.__ ~ .. ~ 1)1-tf( -' '"''.,, ,~ ,..,...._ .... -'l1' .,(.IA" ~;, "I C> ~ -~-l~ \\~§ ommunicafio"5 , roclarriatialis?and Appointments . io:Jo ,ll. A memorandum from the Keep Englewood Beautiful Commission requesting that ~~~ .. J \ O\'\ City Council declare a vacancy with a term expiring February 1, 2006. ~i\6)\.. ~ Please note. If you have a dlsab,hty and need awoflary aids or NMCes, please notify the City °' Englewood (303-762·2407) at least 48 hours 111 advance°' wtien seMCN are nMded. ' •' • • -·• • Englewood City Counc il Agenda November 21, 2005 Page 2 c. d . A memorandum from the Keep Englewood Beautiful Commission reques1~at ~ ~?A City Council declare a vacancy with a term expiring February 1, 2007.~ -U)(J)/))J.'Q'wr An e-mail from Randia Laga ann9uns!,p.g her resignation from the Plpnning and Zoning Commission. ~-f /(iflfA/)1-0> l,.()@I.MJlvld ,-0 An e-mail from Regi Maclaren announcing his resignation from the Trans_eprtation Advisory Committee. ~ / ~, /J)l{)JjJJIAd · J--O l ()119 . Consent Agenda Items. a. b. C. App~f Ordinances on First Reading. Appr~of Ordinances on Second Reading. Re~ions and Motions. WOlJ/Jwwlti--.-O e i Recommendation from the Englewood Public Librar/tha/ &u~ a I'/# 1 ,11 ..Jt. __ · Resolution authorizing the Library's 'Winter Food for Fines· program from ~.#'./ './-I _ Monday, November 28 through Sunday, December 11, 2005. STAFF SOURCE: Hank Long, Director of Ubrary Services. 1 ..:..-o 10. Public Hearing Items. (No Public Hearing Scheduled .) 11 . Ordinagsolutions and Motions. a . Appri;/JI of Ordinances on First Reading . b . Approval of Ordinances on Second Reading . \\ (:µ. I . 1--0 Counal M No.o!ta approving a Federal Equitable Sharing Agreement with the United States rtment of Justice. {))/fb(/.,WIAJ 1 ( ~ C \\;t\ Resolutions and Motions. I . Recommendation from the Community Development Department that Council adopt a Resolution authorizing an agreement between the City of Englewood ) and Laidlaw Transit Services , Inc. for the 2005-2006 operation of the Circulator • Shuttle in the amount of $213,722. STAFF SOURCE: twold J. 8lltt. ., •. dllSJ. lf,l."-J:i CommunltyDe~t.~. ~~VK,WMd-ln1h Jrur . plNle notlly the Ciy ol ' • • Englewood City Council Agenda November 21 , 2005 Page3 \j:>~ Recommendation from the Community 7 ~v~opment Department, b): Motion, to renew the $50,000 loan to the Mile High Housing Fund for five years. STAFF SOURCE: Mark = Senior Planner. 3-prb jt...CJIS-;/r5u "><-1j /1Jp(.., wco~&I-o! ~':;; ~~ wcYtJ ~ -flr,,." bw -~ 12. General01sculision: -r~o 'W i~Con-i ~v'~~ a. Mayor's Choice. ~ -r ~ b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. i : 3} The following minutes were transmitted to City Council from November 4 to November 17, 2005: • Alliance for Commerce in Englewood meeting of September 8 , 2005. • Board of Adjustment and Appeals meeting of October 12, 2005. • Code Enforcement Advisory Committee meeting of September 21, 2005. • Cultural Arts Commission meeting of October 5, 2005. • Keep Englewood Beautiful Commission meetinga of September 13 and October 11, 2005. • Liquor Licensing Authority meeting of October 5 , 2005 and telephone pols of Septeruber 7 , September 21, and October 19, 2005. • Planning and Zoning Commission meeting of September 20, 2005. • Englewood Public Library meeting of October 11 , 2005. • Transportation Advisory Committee meetings of September 8 and October 13, 2005. Please note: H you have a diMbility and need IIUllillaty aidl o, NMC:.a. pleMe nollfy .. Cly ot EllglNood (303-762·2'07) at INlt 48 houri in..,._ of~..-.,. needld.. TI-* ' .. .. • •