City of Englewood, Colorado Englewood Environmental Foundation (Public Works), 4 Nov 2022

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From YouTube: Englewood Environmental Foundation - 4 Nov 2022

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Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149321?handle=51AEF32BA2384674B319678BB3A47453
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149320?handle=53E2C632366A4C4F9F3E8DEB225D61AE

1. Call to Order

2. Election of EEF President

a. Election of EEF President

3. Approval of Minutes

a. August 25, 2022

b. October 12, 2022

4. Recognition of Public Comment

a. None

5. Old Business

a. EEF Signage around Civic Center follow up

Approval of PO with Colorado Christmas Lights for Holiday Tree Lighting

6. New Business

a. CDOT Permanent Easements

b. Dissolution of EEF

c. Insurance Coverage

d. Legal Engagement - Spencer Fane

7. Adjournment

2. Approval of Minutes

October 14, 2022

3. Recognition of Public Comment

Recognition of Public Comment Recognition of Public Comment is an opportunity for the public to address The Englewood Environmental Foundation. There is an expectation that the presentation will be co...

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149321?handle=51AEF32BA2384674B319678BB3A47453
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149320?handle=53E2C632366A4C4F9F3E8DEB225D61AE

A

A

Hey, are we um Michelle, do you know if we're expecting Mike, Miller or anyone else.

B

I think just my.

C

B

A

um Like is available right, yes,.

C

A

Okay, why don't we wait uh another minute.

C

A

So get started.

A

Okay, um why don't we just go ahead and get started and hope he joins in a few minutes, so Tim Dodd I am president of uh e thinking what environmental Foundation I'm calling this uh meeting to order. So why don't we just do a roll call and then see who has joined us as guests. So remember, Underhill I think remember: low.

D

A

Great, so we have a quorum with all three members being present um and then let's see Dan and then Kevin and then Brad. Can you just introduce yourself.

E

uh Dan paremba here uh Chief Redevelopment officer, Community, Development, uh Brad power, director of Community Development Department,.

F

Kevin engel's, a finance manager for the city.

A

Great welcome and we have on the agenda approval of minutes for October 14th can I get a motion to approve the minutes.

B

All motion to approve the minutes from October 14th.

A

Can I get a second, oh.

D

A

uh All those in favor by Voice, vote aye.

G

A

uh That's three: what I can tell in favor um no no votes and no abstentions? Great next is recognition of public comment. um Michelle did we have anyone reach out um about schedule? A public comment.

B

A

Okay, great and I, don't think do we have anyone on the call that would like to like to say anything.

A

Okay, great and then moving on um Michelle. Is it okay? If we take or do we need a motion um to move it, because we take the approval of the PO for the Christmas lighting first and then get into the discussion about the possible dissolution or do we need a motion to change the agenda.

B

um I think it's okay, if we just change it or if they will need a motion.

A

Okay, so that's okay with everyone just so we can get this out of the way and then Focus the meeting on the discussion of the main topic. First topic: um approval of PO, with Colorado Christmas lights for Holiday lighting and there's an attached memo um and deputy director of operations and maintenance for Public Works, Chris Edelstein is joined. The call um Chris before we take up this item is there anything that you want to share with the with the group.

G

I just want to make it sure everybody realizes that it's not just the lighting for the the normal trees that it's also building the Christmas tree, doing the lighting and the decoration of that as well. So it is slightly more than the other vendor. But if you were to just compare the actual installation of the Christmas lights, the preferred vendor is cheaper than the other bid that we did obtain.

A

Create, and who is, if you could just remind us who, which vendor are you recommending we give the bid to and what is the total amount.

G

One second.

A

Looks like it's Xmas light installation, LLC.

G

A

Was about twenty.

G

Seven thousand dollars for it.

G

C

G

Leg installation was 25 830 and again that was with the large Christmas tree building.

A

Colorado Christmas lights.

A

Are there any questions for deputy director Edelstein.

D

Quick question Chris: this is something new I. Don't remember, I might be wrong. I, don't remember. Approving Christmas light. Last year, lighting.

G

uh I would assume that the person is about the states.

A

Chris, unfortunately, I think you're a little, um not muted, but it's so hard to hear.

G

um I'll explain it a little bit: I, don't know. What's going on with their internet today now.

A

You're perfect, okay.

G

um I was not involved with the eve decision last.

F

Year so I was wondering.

G

If Michelle did you do you remember if this was brought forward last year,.

B

I believe so I can double check um the agendas from last year, but I think we did.

D

Okay yeah, could you confirm.

C

A

uh Christina any questions, no questions great can I get a motion then to um approve based on the recommendation of Public Works um 25 000, 25 830, um to Xmas light installation LLC to supply and install Christmas lights, um and also to build out the holiday tree.

B

I'll make a motion to approve that.

A

Is there a second.

D

A

Any further discussions or questions: okay, let's vote member Underhill, yes, uh member low, yes, member dot, I vote, Yes great so with three being present and three votes motion passes unanimously. Thank you, Chris for the presentation so great now we're on to the main topic of today, which is the plan for the possible dissolution of Eve um I'm gonna. Kick it over in a second to W or to finance director and board member Jackie Lowe.

A

Who requested this meeting to kick off the discussion, um but before I do that I just want to acknowledge and welcome. Mike Miller of Spencer Fain, which is the Mike, is our long term I think the only attorney nifa's ever had um and so welcome. Mike to the discussion in the meeting. We just went through a few other items and now we're ready to have this discussion. So thank you Mike for joining me. uh Jackie.

D

Okay, I request it because.

D

I received the information from the city attorney's office, so I also receive some attachments. I think some board members have received attachment, so I was just wondering what are the steps necessary to dissolve if a requested by council member is there any outstanding issue that need to be addressed?.

A

Great, thank you and Mike. Would you be nou talk to city manager, Lewis and I about this? Would you be willing to jump in and answer that question.

A

If you're there Mike.

A

A

uh What I can try to do while he's maybe getting situated is I did have a chance to speak um with him. Jackie and I have I. Think I can try to find notes, uh it's hoping he could go through, go through it all, um but if not I guess I could read the notes that I have from that discussion.

A

Mike, are you able to to speak and to join in on this discussion, foreign.

A

Notes then,.

C

A

Yeah, okay, great um so Michael, just ask one more time: if you're able to participate in the discussion.

A

Okay, um so the notes that I have Jackie from a meeting that city manager, Lewis and I had with uh attorney Mike Miller and another partner in the law. Firm of Spencer Fain by the name of Stephen Rickles, um is that we would need to Once if it's dissolved. We, of course, would need to determine um what property management would look like. There are.

C

A variety of options.

A

That I think um are two folks from Community. Development could also discuss and in terms of things that we need to dissolve so property owned by Eve would need to be deeded back to the city, so that would be an attorney function. We would need because it is incorporated as a non-profit.

A

We would need to notify the IRS that we were dissolving at that time. The IRS can cancel Eve's tax ID number. um We understand that Eve does own one office condo, which I believe is owned by the guild at this time and that would be transferred to the city. So we would need to do the paperwork on that, um and then we would need to initiate.

A

um You know paying off um bonding or anything like that and doing a closing. So my understanding again is that those are the main steps we would need to take to the zombies.

D

Thank you. Do we have any outstanding environmental issues that might prevent us from dissolving Eve.

A

Yeah, so not that I'm that right now my understanding is being reviewed by by the attorneys.

A

Mike, are you able to participate now.

A

um Jackie, are there any other questions or things you wanted to lead into the discussion.

D

Now, thank you for these steps.

A

um Dan or Brad is there anything you'd like to add to the discussion about some ideas that have been discussed or things to think about. This would obviously be more of a city function than an e function if you is dissolved, but just if you want to share any ideas at this point related to Property Management. If and when it is dissolved.

E

Yeah Tim I might just add I, don't I, don't know where things stand today, but I know: Tamara was working fairly closely with Terracon they've identified a number of recommended steps for investigation and potential potential mediation, but I think all those things need to be remediation. I should say all those things need to be. My understanding is vetted before the city could take back property since the as I understand it. The city has prevented from taking title to any property that has a potential Environmental uh issue associated with it.

A

Okay, uh Tim I, don't have anything else to add. I appreciate yeah, of course, so again, I think right now we're really just in a holding pattern until um get that report and like I see it came off, mute can.

F

You hear me now: yeah.

A

We can thank you I.

F

Apologize no worries, it.

A

Always happens, I've been many times.

F

No worries Dan is right. My understanding is, is that uh Eve is engaged Terracon uh to do an environmental evaluation. My recollection was that there was initially at the initial development uh back in the late 90s early 2000s. uh They discovered a plume that had migrated onto the site from a gas station across Hampden, and that was remediated. There were test Wells put on the site and Eve got a letter of no action uh from the state.

F

uh Apparently, Terracon uh is concerned that uh uh that there may be some uh open-endedness or something left open from the uh no action letter. I, don't know what that is, but I'm, assuming that terracott will uh work through that uh I'm, not aware of any uh remaining environmental issue, uh that there were two that the plume was one. The other was the asbestos in the old shopping center, which of course has been totally removed, and that's a non-issue anymore.

F

So the only possibility could be uh was the uh migration of that plume from across the street and uh until the City attorney mentioned it uh a few weeks ago, that's the first I've heard of it.

F

The last 10 years, probably so, I I have no idea what that is or what that problem is, but uh dad's right, the city's not going to take the property until that issue is closed or that Loop is closed and uh so you're not going to be able to dissolve until you can transfer the property back to the city, uh so that that's one issue is Tim mentioned.

F

The other issue is, is that when Eve goes out of existence, there's going to have to be a replacement for the maintenance manager uh that is uh to be designated by the uh participants in the development under the cam agreement uh and I believe that probably uh Eve controls that vote as well, so it uh probably could designate whoever they select.

F

Although my understanding from Tim is that there's been conversation with the stakeholders to get a consensus of Google, the property manager, new property manager might be.

A

And I think Mike. In our previous conversation you mentioned, options could include delegating it to a third party, the city could be the manager um or the a third party could do. The management is that those.

F

Are the options yeah there's two roles here: one is the manager and they make the uh the policy decisions uh and could or could not it's at their choice. You can't handle the financial Arrangement, the building, uh making the budget for the following year. The other is the actual uh work on site. The snow, removal, Etc and just like Keith has hired vendors to do that. uh The property manager could do that or whoever is doing the on-site work could in fact become the manager.

F

uh Those are the two options and the city could decide which direction they want to go.

C

A

And I'm not sure if you heard Mike when I was going through our notes, um but I went through the other steps. You know which would be.

A

You know, deeding if back to the city, notifying the IRS for dissolving um transferring the condo, that you phoned the office, condo The, Guild and then initiating paying off of any bonds and doing a closing are those the ones we get approval to move forward are those the main steps we would need to follow? Yes,.

F

I I could hear you but I.

A

Could? Okay? Okay, that's.

C

F

uh My understanding is the Bond's been paid off so I. Don't know that there's any for the bond obligation. Okay,.

A

Any other any questions for attorney Miller or any other things we would like to talk about today related to this topic.

A

Christina Jackie any questions.

B

A

Great so I think as an eve board. um We can certainly decide if we'd like to have follow me. Follow-Up meetings to my plan. Right now um is just a way in here.

A

You know from the city attorney's office in Terracon about next steps um and then once that has been resolved, then I think we could take up um the things that were on the list that we'll have to do to dissolve once that has been figured out. Does that sound like a game plan?

A

Yes, great um Kevin, Chris, Brad Dan anything else. You want to add.

B

A

Anything else you need to just discuss before we close.

A

Thank you Mike for joining today and thanks for everybody else. So um if there isn't anything else, um I'll take a motion to adjourn.

C

D

A motion to adjourn is.

A

There a second.

D

A

Great elbows in favor.

D

A

Great well, everyone have a good weekend, great.

D

Thank you, bye.