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HomeMy WebLinkAbout2009-04-20 (Regular) Meeting Minutes• • ENG LEWOOD CITY COUNCIL ENGLEWOO D, ARAPAHOE COUNTY , COLORADO Regular Sess ion Apr il 20 , 2009 1. Call to Order The re gula r meeting of the En glewc:><! City Council was called to order by Mayor Woodward at 7:45 p.m. 2. Invocation The invocation was given by Counci l Member Mccaslin. 3. Pledge of Alleg iance The Pledge of Allegian ce was led by Counci l Memb,,· ,_, _. ~c n11: 4. Ro ll Call Presen t: Absen t: A quorum was present. Also presen t: Council Members Jeffers,,o. Moore . Penn , Oakle y, McCasli n, Wilson , Woodward None City Manag er Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bus h City Clerk Ellis Director Gryg lew,cz , Finan ce and Administrative Serv ices Director Wh ite , Commun ity Developmen t Econom ic Development Coordinator Holl ingsworth , Commun ity Dev elopment Planne r II Be ll , Community Dev elopment Police Ch ief Vandermee Deputy Chief of Pol ice Collins Police Commande r Condrea y Commu nity Relat ions Spe ci alist Ge ier , Poli ce Pol ice Comm ande r Watso n 5 Conslde .ation of Minutes of Prev ious Sess io" (a) COUNCIL MEMBER PENN MOVED , AND COUNCIL MEl'<IBER McCASLIN SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 6, 2009 . Mayo r Woodward as ked if there were an y corrections or mod ifi cation s. There were none . Vote results : Ayes : Council Membe rs Pe nn, Mccasli n, Moore , Woodward , Jeffe rson , Wilson , Oa kley • Na ys : None Moti on carri ed. 6 Rec~gnltion of Scheduled Public Comment Eng lewood City Council Ap ril 20 , 200 9 Page 2 (a) Mayor Woodward sa id we have a presentat ion tonight :o th e Eng lewood Police Citize n Academy Graduates , the latest class F ,hr,e Ch ief Vandermee and Community Relations Specialis t To m Geie r are going to talk about th is I understa " . that we have 15 graduates at thi s time wh ic h is quite an ace ;mp1 ishment Police Ch ief Vandermee said good e•:cmng Y cur Honor amt member~ of Council In most occasions , people have three primary ways by which lh e,• come ,n contact wi th the police . The fi rst Is through some kind of an unfortunate event. Most of the time i, w2 ~re i·w olved in somebod y's life , son,ethmg is not reall y going particularly we ll . Numbe r two is lhroa 0 : wha t the y see on TV or in the media , and the th ird is throu gh ou r community relations programs . One ct ~lE: ,rP. significant programs th:lt we ha\·e is the Citizens ' Academ y Tonight we are going to recognize those pople that have graduated frcm the Academy . Th is is our third class • I ju st want to say how important tha t I think it is and I want to firs t lhaoK and express my apprec iat ion to eve ry one of the graduates . It is essentially important for us to be successfu l as a police department , especially in a community pohced env ironment to establish significant partnersh ips with the community that we st::rve . The Cit12ens ' Academ y brings people in and they get exposed to j ust about every componen t of the pol ice department that we have . They enjo y a ride-along experience . They gel to go to the driving range . The y go to the firing range . They see some of the firearms train ing . The y meet representatives from investigations , from the profess ional standards and the South Metro Drug Task Force . And I lh ;ok that upon graduation , what the y take out of Iha! class , :s a much better understand ing and apprec ia tion for how they can help us through that partnership . For us , what we get out of it, is that the officers , the men an~ women that part icipate in the Academy lha 1 provides the train ing , they get to know a li tt le bit more atout the commun ity that they served as wel l. So , it truly is a win /win. What I wo uld like to d:i is to introduce Toni Geier . Ton i is our Community Relations Speci alist. I think most of you know her. l oni has almost :;ingle handedly coordinated and facilitated all three of these academ ies . She has already put together and is already scheduling ou r second 2009 Citizens' Academy that starts September 1" and I tt,!nk you are just about booked up for that one or getting cl ose . So it really is a s1go ifica nt even t. I am ve'Y , very happy ~"d very pleased to be here tonight lo recognize those • people that a r., graduat ing . Your Honor , if you would like to come down , I think we will en list you to help us out and maybe you would like to sa y a few ••ords as well . Mayor Woodv.ard sa id I would li ke to say as volunteers , I th ink this is a whole new level of be ing invo lved in the commun i\y an d I am sure Iha! going through the 9 week process and in different sess ion s has been quite an educati~.: and probabl y you 've learned quite a bit. One of the th ings Ih a! I did hear the Ch ief say was one of the sess ;on s was at the driving range ... did that have someth ing to do with golf or ... ? There was laughter . Mayo r Woodward said congratulations and I think as this program grows , I know Toni has done a lot of work on th i~ in developing ii, as th is program grows , it just has more people . more of uLlr citizens . more of our ne ighbors and community invested and involved in our community . And I commend you for tha t. Police Chie f Vandermee said what I would like lo do now , if I ma y, I will call you up and as I call your name , come up and rece iv e your certificate and congratu1ations : Jamie Lynn Chavez-Mar,inez , Mark Craft . Ta ylor Day , Skye Da y-Ph illi ps , Beth Faestel. I'd like lo mention Caro li ne Faseru k who is no : here but has already received her certificate and Caroline is also one of our Code Enforcement Officers . Larry Graham , Rebe cca Gruz , Lisa !',a rie Johnson , Margreta Johnson . Steve McMomne , Bobb i Oxford . Chief Vandermee said I would hke to m~r.uon also th at Bobbi e is one our Victim Ass istance volun tee rs that responds on an on -call bas is , often time s In the middle of the nigh t to some of our critical incidents , In support of the vi ctims . Than k you , Bobbi Bobb i sa id tha nk you Chief. Lori Peltz could not be here th is evening but is ce rta inly wort h recogniz ing . And Bernard Sterre tt Mayor Woodward said he is also gardener extraordina ire There was applause after each graduate Nas recognized . Ch ief Vandermee sa id I would like to re cognize Mart i Mossman . Marti is nne of ou r past gradua tes and she is here ton ight in support of the rest of the graduates . Thank you . There was applause . Pohce Chief Vandermee sa id tha1:~ ~•ou Your Hono r. Mayo r Woodward said thank you • • • • Englewood City Council April 20 , 2009 Page 3 7. Recognition of Uns chedul ed Public Comment (a) Howard McGregor . an Englewood resident. said Mr. Ma yo r an d Council Mem bers , I reside in lhe indu stria l section of Eng lewood I am a membe r of the Englewood ~Jucat io,, Foundatio n. I am a Board membe r here to than k yo u so muc h fo r yo ur help with th e Fall Fling , the ava il ab ility of faci liti es an d what we are re ally do ing for the studen ts in Englewood . Thank you so very mu ch . Ma yor Woodward an d Council Membe r Wilson sa id than k you . There was appla t se. (b) Rosco e Davidson sa id than k you Yo ur Hono r and member s of th e Cou nci l. I JU SI wan ! lo add a wo rd of than ks to the words that Howard McGrego r offered , You and the support of your Slaff in so ma ny wa ys made !he las t Fall Fling , ou r ma jor money raise r. a really significan t success . An d so , you can all feel some sense of pride ove r what that resulted in . The mone y tha t we raise is the Foundation which supports the Englewood Publ ic Schools in wa ys tha t the Englewood Schools ' budget canno t support , prov ides scholarships and creativ ity grants , ways to fund spe cial programs that are beyond wha t the School District budget can hand le . And so , this curren t yea r we have been able to award $1 1,500 .00 in scholarships to the Engl ewood Schools students and over $2 2,000.00 In creativity grants wh ic h prov ides art , mus ic programs , and science programs that add to beyond what the Scheel District. itse lf, can prov ide , I thin k th is continues the tradition tha t we have had he re in Englewood , a mutual support between the City and th e Publ ic School System and we so much appreciate the work you have done 10 make our work possibl e. Thank you very mu ch . Mayor Woodward and var ious Co unci l Members said than k you . (c) Brad Muelle r said I am on the Board of Dire ctors for the Chambe r of C 1mmerce. We are working on bring ing the Farmer's Markel back to Englewo od. We come upon a little hitch . The $40 00 Spe ci al Even t fee for each vendor tht1I comes to the Farme r's Market. We are look ing to get tha t waived and have us pick one up fo r the entire marke t so that we can get it off !he groun d, get people willing to com e ou t and purc hase space at the Farme r's Marke t. Thank you . Mayor Woodward said !han k yo u Brad . (d) Matthew Crabtree, an Englewood residen t. said good evening . For the benefit of the record here and those reading the minutes , you can understand wh y I am so passionate abou t top ic I wil l be disc uss ing . My name is Matthew Crabtree , I am the current orga nize r and Chairman of the citiz en group in the City called Englewood Citizens fo r Open Governmen t. I am going to take this opportun ity to respond to a co mment that was brought up during the Stud y Sess ion last week regarding our grou p. This comment was regarding ou r parti cula r website , englewoodc itiz ens .org , and anoth er website in the City , eyeonenglewoo d.com , Bo b and I had a debat e at the en d of the mee .-sg and I th ink we addressed a fair a'Tioun t of the quest io ns . There was a few th ing s though !hat I would st ill lik e to bring up fo r th e re cord . And , consid eri ng it was originall y brough t up on the record , I am goin g to bring the response throug h the reco rd. First of all , engle woo dcitiz ens .org ., th e EC OG webs ite, is entirel y independent and separate from eyeonenglewood ,com . I did not produ ce the content on eyeonenglewood ,com no r does ECO G, as a grou p, produce that conten t. That aside , I wo uld like to add ress regarding the content on eyeonenglewood .com Bo b, I went hom e and read th e site , got throug h almos l every art ic le on it It is a very in terest ing read , No t sl're who is wri ting 1t , exactly , doesn 't reall y matte r. Wha t does matte r is the y are do ing serv ice to th e comm un ity , Yo u ma y not agre e with it You ma y not agree with !he part ic ula r viewpoint bu t i: is a service . It is an other viewpo int on the actions of the City Council and th e actio ns of the Cit y. There is nothi ng wrong with tha t. I am a little concerned abou t a fe w statements and I would lik e to know , in resp onse , wha t you mean t by lhese . Yo u said tha t, tha t website , eye onenglcwood .com , created unh ea lth y environment in the Cit y, Now , I read it, some th ings I don 't agree with on that site , some th ings I do. I thin k there is a very interesting pers pe ctive on a lo t of iss ue s that that pe rson brought forth fo r th e people of th is community. One nf wh ic h is th e garbage pick up. I tli ink tha t was a pretty good perspective on it. II is one th at I share personally bu t. and I thin k others In th e com muni ty do share als o. It is good fo r th em to be abl e to read an d get intormation like that. Now , as fo r the li nking back an d fo rt h be'.Ween the two sites , one of ECOGs , I gue ss pa n of our Mission Statement an d one of ou r things that offer the commun ity is info rma tron free . We offe r reco rd ings free. Now it is anoth er recording as iti e City 1s do ing thei r own . Bu t it is a high qualit y record ing th at we offer free and we offe r pers pe ctive c,1 ou r own That leads me to Englewood City Council April 20 , 2009 Page 4 the first amendment. 'Nhen you say that ii 1s unhealth y for a specific person to print on a blog a certain perspect ive , be it negative/be ii posi ti ve , that is concern ing . ECOG can fa ll Into tha t same category . In fact , we have had a similar com ment made abou t ou r group being , you know , it is unhealth y or it is negative or whatever ... like to go on the exact quotes on that. Bu t we are all prot ected by the firs t amendment. And . ma y I remind you , that one of the reasons fo r the first amendmen t was free dom of press . And our founding fathers of this country made it very cle ar that the press was a good wa y to keep our elected officials in check and responsible . If th is is another viewpoint , it should be well accepted . I encourage all of you to rev iew that site ar.j read it Take these th ings into consideration . It is not the responsibility of every citizen in th is commun ity to bring forth solutions fo r the problems and , often ti mes , they will jus t bring forth the problems . And it is your responsib 1,rty tc find a solution that meets the interes t of the whole community . I personally bel ieve that it is not ~nl y our right as citizens in th is country to questi on our government , it is our responsib ility . And that site is do ing tha t. I like the read ing . I lik e the way ii is written . I li ke the way it reads and you know , thank you Bob for bringing th is to my attention . I believe it falls into another informatio n source . I am going to li nk ii on the ECOG webs ite . I like it bu t I'm goin g to now link it on ECOG website , along with Englewood Herald . I will keep it even , both perspectives of the me di a In Englev,ood . Another thing that I would like to address that was brought up was false Information on the ECOG we bsite . I don 't see any false information on the ECOG website whatsoever . We are very carefu l with the information as we prov ide it. The cards that we are distributing tha t ask the question : should our Mayor be elected? That was brought up as false information . Technicall y speak ing , the citizens of this community do not elect the ir ma yor . The mayor is picked fo r them out of the current Counci l. Thankfully , our Mayor right now , is actually at-large so therefore the people of the community did have an opportunity to vo ice the ir opinion on electing him a Council Member but not as mayo r. And I was part of tha t, the picking . I was in that room the day that you got selected and there wasn 't a whole lot of commun ity input with that. So , I ask the people of this community , shou lo t:,e mayor of Englewood be elected ? I don 't believe that is a falsity at all . And thank you , that is all I have . Ma yo r Woodward sa id thank you . (e) Beverly Cummins , an Englewood resident , said I think you know my name . I've been here before . Bac k about two months ago , Nancy Peterson brought some plaques here and wanted you to do something considerable about it, but instead you sa id you would put one on your wal l. An d I stood up anci I said , instead of that , why not give he r a wall out here and all of the community and us , let us all enjoy them , instead of just you . And you said , at another meeting , that you thought it would be good to put them up M er the cabin et and on the wall beh ind the re . Then last Monday night , then you informed everybody , through the Cou ncil , that you were going to send them back over io the Poli ce Station where they had come from in the first pla ce, and where they were go ing to throw them away . And you , as Mayor , I think , should stand beh ind your word. I am a person of old beliefs and I thought a man 's word was as good as a hand shake . But I guess you have to have it written in blood before it is a true statemen t. And we had 57 people , cons ider you r 7, that agreed that that would be a good th ing to do . But no , Counc il th ought otherwise . I am going to bring it as far as I can ard : had other people going to come and talk but I guess they all chickened out , but I'm not afra id of you and I'm not chicken ing ou t just because you think you are almig hty God , beca• se you are no t. And I think ou r op inion sh;,uld be In here somewhere . But you don 't give a darn about an yboa y else 's op inion , only your own. th ink that ~. very rude and unacceptable . Than k you . Ma yor Woodward said than k you . 8. Communications, Proclamations and Appointments (a) cons idered . A lette r from Eri c Berto luzz i indicating his res ignation from the Urban Rene wal Authority was COUNCIL MEMBER JEFFERSON MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO ACCEPT THE RESIGNATION OF ERIC BERTOLUZZI FROM THE URBAN RENEWAL AUTHORITY. Mayo r Woodward as ked if there were an y comments . • • • • • • Englewood City Council April 20 , 2009 Page 5 Mayor Woodward said I jusl wan t to mentio n tha t I se rved , I belie ve ,r,•ng OijC k to 2000 /200 1 with Eric originally on EUR A, and Eric ce rtainly brought something to that Authority an d it got throug h a num ber of th ing s; tha t is , the Bate s Statio e redevulopment, pla nning and wh at was go ing on over there and had some very val uable input. And the lacest th ing was the Cultural Ce nte r th at, due to economic limes. has gone away. So regrettull y. I vote to acc ep t Eri c's res ig na !ion . Mayor Woodward asked if there were any comments . T here wer e none. Vote results : Mo ti on carr ied . Ayes : Council Members Pen n, Mccaslin . Moore , Woodward , Jefferson , W il son , Oakley Na ys: None 9. Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMP,ER PENN SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I), (II) and 9 (c) (I). (a) Approval of Ordinances on First Read ing (i ) COUNCIL Bill NO . 12, INTRODUCED BY COUNCIL MEMBER MOORE A Bill FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 15 . SECTION 4 , SUBSECTION G. PAR AGRAPH 11, PERTAINING TO PAWNSHOP LI CE NSE FEES AND CHAPTER 16, SECTION 4 . SUBS EC TION G , PARAGRAPH 10 , PERTAI NING TO AUTOMOBILE PAWNBROK ERS LICENSE F EE S; OF THE ENGLEWOOD MUNICIPAL CODE 2000 . (bl Approv al of Ordinances on Second Read ing (i ) ORDIN ANCE NO. 8, SERIES OF 2009 (CO UN CIL BI LL NO. 9. INTR ODUC ED BY COUNCIL MEMBER OAKLEY) AN ORDINAN C E AUTHORIZl~/3 THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMEN T RTD & CITY O F ENGLEWOOD COS T SHARIN G FOR THE ART" BETWEEN THE REGIONAL TRANSPORTATICN DISTRI CT (f..TD ) AND THE CITY OF ENGLEWOOD , COLORADO . (ii ) ORDINANCE NO. 9, SERIES OF 2009 (COUNCIL Bill NO. 10 , INTRODUCED BY COU NCIL MEMBER McCAS LIN ) AN ORDI NANC E AUTHORIZING THE "FIRS T AM ENDMENT TO CONNE CTOR 'S AGREEMENT SEWER CONTRACT NO. 8" BETWEEN SOUTHGATE SANITATION DISTRI CT AND TH E CITY OF ENGLEW OD (c) Resolutions and Motions (i ) By Motion , AN AG REEMENT B ETWEEN TH E CITY OF ENG LEWOOD AN D FIRST TR A NSIT. IN C. FO'< THE 2009 OPERATION OF THE ART CIRCULATOR SHUTTL E IN THE AMOUNT OF $240 ,906.24 . Vote results : Ayes: Nays: Motion carried . 10. Public Hearing Items Council Members Pen n. Mccaslin . Moore. Woodwa,d, Jefferson . Wilson . Oakley None Englewood City Counc il April 20 , 2009 Page 6 No pub li c hearing was scheduled before C('unci l. 11 Ord inances , Resolu tio n and Motions (a) Approval of Ordinan ces on First Reading (i) Econo mic Develo pmen t Conrd 1nalor Hollingsworth presente d a re.c r ,"\endatio n from th e Communit y Deve lopme nt De partm ent to adopt a bill for an ord inan ce approving a Mem ora r,Jum or Agreeme nt to co ntinue Eng lewo od 's partic ipati on in the Co lorado Brow nfields Cle anup Re volving Loln Fund thro ug h June 30 , 2012. He said the Colo rado Brow nfields Cl ean up Re vo lving Loon Fun d is a.,11inistered by member cities an d agen ci es inc lud ing l,anver, Lakewood, Comme rce City , Loveland , El Paso County , and CHAF A and Colo rad o Department of Publ ic Health and Environm ent , who ,,,, parti cip ates w1th tMe ~o alit io n. Englewood has participated in th is co alition for the pa st 10 years . Ma intain ... , Englewood 's par lic1.ation in th is coal ition enab les Engl ewood to rema in el igible for fund ing ass istan ce for Brc,mfields Cleanup dollars . Englewood has made direct use of th ese dol lars in the past by cleaning up Ce nten nial Park with some of these Bro wnfields resou rce s Tha t concludes my comments on the Memorandum of Agreem ent an d I woul d be happ y to comme nt on any questions th at yo u migh t have . Mayor Woodward asked if th ere were any quest ions . There we re none . COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 13 . COUNCIL BILL NO. 13 , INTRODU CED BY COUNCIL MEMBER OAKLE Y A BILL FO R AN ORDINANCE AUTHORIZING AN INTERGO VERNMENTAL AG REEMENT ENTITLED "C"JLORAD O BROWNFIELDS REVOLVING LO AN FU ND ME:1'10RANDUM OF AGREEMENT AMENDMENT 3" f'::RTAINI· 'G TO THE COLORAD O BF>OWNFIELDS CLE AN UP RE VOLVING LOAN FUND BETWEEN THE CITY OF ENG cE W OD . THE CITY A~:iJ CO UNT Y OF DEN VER , CO MMERCE CI TY . THE CITY OF LAKEWOOD , THE CITY OF LOVELAl~D . TH E CITY OF WESTMINSTER AN D EL PASO COUNTY COLORA DO AS N ELL AS THE COLORADO HOUSIN G AND FINANCE AUTHORITY AND THE CO LO RA DO DEPART MEN T OF PUBLI C HEAL TH AND ENVIRONME NT. Mayor Woo dward asked if there was an y dis cuss io n. Ma yor Woodward said I ju st want ed to mention th at I believe, ma ybe Darren can verify that we we re, I believe . the fir st grant awarded for t ne Bren t Ma yne Fields over in Cenlennia l Par k from the cl eanu p the re . Mr. Holl ings wo rth sa id we we re the fir st or seco nd project nationally and we re ceived ·;ignificant attenti on for that project when it was completed . Th e dollars that were used on that site , as we underst and ii. very in strumenta l m helping its fund ing get off th e ground . Ma yor Woodward said okay , than k you . Ma yor Wo odward asked if there we re any other questions or comme nts . There W!:re none . Vote results: Motion carrie d Ayes : Council Mem bers Pen n, Mccaslin , Moore , Woodward , Jefferson , Wil son , Oakley Na ys : None (ii ) Deputy Chief of Poli ce Collins pres en ted a recom men dation from the Police Department to ad opt a bill fo r an ordinance authorizing the ap~lication and acceptance of a Just ice Assistance Gran t m the amoun t of S144 .662.00. He sa id good evenin g Mayor an d members of Cou ncil Back in March of • • • • • • Englewood City Coun cil April 20 , 2009 Page 7 this yea r, the Pol ice Departmen t was notified tha t we were eligible for Ju st,ce Assistance Gr~nt money In the about of $144 ,662 .00. We co mbined with seven other la w enforcement agencies an d th e ult imate disbu rsem ent is abou t 1. 7 mill ion dolla rs In Jus tice Ass istan ce Gra nt mone y. What we are looking for this eve ning is Co un cil 's sup port in our app lication of the JAG grant as well as th e acceptance of the mon ies when the y come th roug h. Th e fisca l agent for the grant will be the Aurora Po lice Department an d 'hey will be the agen cy respons ible for the actual filing of the gra nt. We will be apply ing these moni es towards th ree sep arate prog rams and bas icall y the purchases will be for equ ip men t. So , if you have an ~· quest io ns, : wo v:d be mo re than glad to •l'"!5wer th em Cou'1ci l Member Penn sa id is there somewhere where we ca n do so me more res earc h 01 . the flas h cams , just ourselves perso nally? Are there some websites that we could find to loo k at, how efficien t the y are an d the ir usage ? Deputy Ch ief Co lli ns sa id I actuall y have some docur.,e ntatio n on that just provided to me by Investigator Schellpfeffe r. He is our graffiti investigator . So if at all poss ible , al l I'll do is ro ute it th rough the City Manage r's Office and get that to you . Council Member Pc M said thank you . Mayor Woodward sa id I ha ve a question Iha, comes from the Tri-Cities meeting when we wer e talk ing ab out th is and I noticed Littleton is getting these automated license plate recognition systems , I bel ieve , fo r ... they just flas h and recognize that it is a sto len car or something like tha t. Is tha t som elhing that we have or that we could share with them? Deputy Chief of Pol ice Collins sa id we don 't have that. I bel ieve that Littleton is going to try to 1cquire one or two of these . They already have one . Th esP. items are kind of price y. The y are abou t S20 ,000-S22 ,000 ap ie ce . And , we actually had that on our list, our wish Hsi , if you will. II didn 't qu i e fit into the overall budget. II was kind of putt ing me over qu ite a bit to where ii would hit our operations budget by a little bit harder than I wante d. Bu i you are ri ght. The Sheriffs office does have that. We have not act ually as ked fo r all those bul we are fam iliar with those . Mayor Woodward asked if the re were any othe r quest ions . The re we re none . COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPPOVE AGENDA ITEM 11 (1) (II) -COUNCIL BILL NO. 14. COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER PENN A BILL FOR AN ORDINANCE AUTHORIZING THE APPL IC ATION FOR AND ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT 'RECOVERY ACT JUSTICE ASSISTP,tlC E ALLOCATION ' BETWEEN TH E CITY OF ENGLEWOO D AND THE EDWARD AYRNE JUSTICE' ASSISTANCE PROGRAM . Mayor Woodward as ked if there was an y discu ssion . Council Member Jeffe rson said I too . wou ld just like to see som et hing of these flash cams presented. Mayor Woodward said I jus t want to ment ion that th is is a non-match ing gran t Deputy Ch ief of Po lic e Collins sa id exactl y. Mayor Wood ward asked if there were an y other comments . There were none . Vote results : Ayes : Na ys : Motion carried . Coun cil Mem bers Penn , Mcc asl in, Moo re , Woodward , Jefferson. Wilson , Oa kley None De puty Ch ief of Po lic e Coll ins said than k y.,u. Englewood City Council April 20 , 2009 Page 8 Ma yor W oodward said than k you . (b) Approva l of Ordinances on Second Readmg There we re no add itional Items subm itted fo r approva l on se cond read ing (See ,~. Agenda .) (c ) Resolutions and Motions Item 9 -Con sent (i ) Director Gryglewicz presented a recommendation from the Department of Finance an d Admin ist rative Services to approve a resolution au thorizing ye ar-end supplemente i appropriat ions to the 2008 Budget. He said althoug h the City goes through very extensivP ~cJget process , ,t takes about 8 months to go through , and often times all of the expenditures fo r a ye ar are not known until th o aud it is complete. We basically completed the audit. The Comprehensive A nnual Report, includ ing the audit report, will be presented to Council In May. And as we know, the City cannot expend any fun ds without formal approval. This supp lemental formalizes the expenditure of these funds to 2008 , And as you can see , th re is a supplemental fo r the General Fund . For the Capital Projects Fund , there is a transfer between the Publi c Im provement Fund and the Capital Projects Fund . Th e Donors Fund has a supplemental as does th e Commercial Re volvi ng Loan Fun d· the Sewer Fund . wh ich is the Utility or Enterpri se Fund ; the Concrete Util ity and the Centra l Services Fund And those all were identified during the eudrt process. • Ma yor Woodward said I have a qu estion Frank. On the Fire Department Democratic Nationa l Convention overtime , as I recall , the Police were going to be reimbursed by Denver. And the Fire Department, I don't reca ll , but it seems to me th at they weren 't because of an Intergovernmental Agreement or something like that or we were covering the south en d... • Director Gryglewicz said I believe it is the Mutual Aid agreement between th e cities, Mayor Woodward sa id ok ay, so there never was an y intention of getting re im bursemen t on that. Director Gryglewicz said not to my knowled ge . Mayor Woodward said okay , thank you . Council Member Mccaslin said I think that is what we all unde rstood. Mayor Woodward said okay. COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO , 36 , SERIES OF 2009 . RESOLUTION NO . 36 . SERIES OF 2009 A RESOLUTION AP PR OVING A SUPPLEMENTAL APPROPR IATION TO THE 2008 BUDGET AND TRANSFER BETWEEN FUNDS. May or Wood ward as ked if there wa s an)' other discuss ion. There wa s none . Vote results Ayes: Council Me mbers Penn . Mccaslin, ~ -., Woodward . Jefferson. W il son , Oa kl ey Na ys: None Motion carried . Directo r Gryg lewicz sa id tha nk you . (i i) Planner II Bell presented a recommendation fro m the Community De velop ment Departmen t to approve . by motion . a contract to construct Phase 2 of the Paseo Project. He sa id Your Honor, • members of City Council. Thank you for giv ing me the opportunity to speak ton igh t. Tonight. City Coun ci l is being as ked to consider the award of a contrac t for the construction of Ph nse 2 of the Paseo Project. Before I get into the speci fi cs of the contract , I would like to give just somewha t of an update on the Project as a wh ole The Paseo is located In the 3400 block of Broadwa y on the west side and it is a space in mid-block tha t since • • Englewood Cit)• Council April 20 , 2009 Page 9 the 1980's has con ne cted th e publ ic par king lot• ·n Acoma with tho ~u srnesse s tha t front onto Broa dway Ove r th e ye ars tha t has become somewhat of an undesi rable spa ce a,, J s.; In 2007 . the City dec id ed to maste r pla n the sit e with a goa l of transforming it into much more of an active . ,c,II lit. safe pub lic plaza . So later tha t ye ar, we were ab le to obta in appro val from Arapahoe Coun ty to reallocat e gome Federal Community Bloc k Grant funds towards Phase 1 of tha t proje ct. At the same time . we were go:ng through a desig n process on that Phase . We were successfu l in reallocating those dollars an d latr.r ,~ 2008 , Phase 1 of that project was completed . Phase 1 in cl uded remo ving the overgrown lands car1n g. brick , removing some of the pavemen t. an d putting in some infrastru cture that would sort of pa ve the way fo r Phase 2. The n later aga in in 20 08 , we were ab le to re all ocate some 2007 CBG funds as well as request the 2r 'l6 funds totalin g S130 ,000.00 and finish up the bid documents and went ahead and put Phase 2 ou t to bid . Tl ,is yea r In March , we opened bids , the y were very favorable . 11 is a good climate fo r construction right no w. We rece ived 14 bid s with th e two low bidders be ing within abou t S20 .00 of each othe r. The bids came in such tha t we were with in budget and were ab le to recommend the award of 2 out of the 4 alternate items in the bid so that worked ou t well In terms of specifics on ttie recommendations fo r award , we are recommend ing th at Council approve , by motion , a contract tr.> construct Phase 2 with the contra ctor being , Landtech Contractors , In c. in the amount of $10 7.201 .00 . We have checked Landtech 's reference s. They have don e a lot of good work . The ir references are excellent. They are a strong compan y an d we feel lik e they will do a very good job . The Project was advertised ove r the City's electron ic bid net system and wa s advertised in the Englewood Herald . And aga in , Landtech Contractors cam e in with very good recommendations . He asked does anybod y have an y questions on the documents here fo r th e da y. I would add one other th ing , and that is th is Project is going to b: ~appen ing very qu ick ly. Our goa l is to finish abou t half the proj ect by May 31 and if poss ible . co";rlete the entire project by August 31". Counc il Membe r Penn sa id August 29 ". Mr. Bell said yes . August 29 . There has b2en some discussion tha t if it does get done by that date . includi ng it in the Englewood Days celebration . He asked if there were any questions on the documents or the process or anything . Council Membe r Wilson sa id I don 't have an y questio ns bu t I'm j us t very exci te d fo r this project to go forward . appreciate the work that you and Communi ty Development have done on it and I th ink it will be a big asse t to down town . Council Member Penn sa id I to o would ... ! do bring tha t u,; )ukrn gly ... August 29 " but I thin k it would be a grea t wa y to present to the publ ic on August 29 " when we have a throng of people down there for Englewood Days . th ink it would be a grea t wa y to presen t this new project to all the people of Eng lewood. Mr . Be ll said I agree . Mayor Woodward asked If there were an y other quest io ns . There were no ne . COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (ii)· A CONTRACT TO CONSTRUCT PHASE 2 OF THE PASEO PROJECT . Ma yor Woodward ask ed if there wa s an y further disc uss ion. There was non e. Vote results : Ayes · Co un cil Membe rs Penn . Mcc as lin . Moore , Woodward , Jefferson . Wilson , Oakle y Nays : Non e Motion carried . 12 . General Discussion (a) Ma yor's Choice • (i ) Ma yor Woodward said last Thu rsda y Bob and I attended , along with some other citrz en s. th e even ing Neighborhood Watch and the Polrce Citizen Acad emy meeting here al Hampden Hal l. thin k I found the presentations to be very informat ive on coyotes and th e gyps)', wha t is called gyps y travelers . in the area and coming into th e area at th is time So, I wan t to acknowle dge tha t that was a worthwhile and Englewood City Council April 20 , 2009 Page 10 valuab le meeti ng, I saw new pe op le th ere and missed a lot of the peop le tha t ha ven 't be en there or ha ve bee n there in the pas t. (ii ) Ma yor Woodward said I would also like to bring up and mention ex-superintenden t, former superintendent Roscoe Dav idson , be ing here tonight for !he Englewood Educat ion Foundat ion. The y have held , over the last two years , thei r Fall Fling here ot City Center and I th ink they have found , lik e the Chamber found , that City Center is really a great pla ce for commun ity affa irs . In talking to Mary Doun ay , wh o is the Cha ir, she wanted me to ask if they could use the facility again this year . They have had the ir two most successful years holding it here and all with in the City of Englewood . What we have done in the past is , as I recall , is waive the actua l fee s and charge for th e actual hard costs , that is jan itorial and cleanu p of the fa cil ity and anyth ing assoc iated with tha t. Would that be correct Gary ? City Manage r Sears sa id that's correct. COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER PENN SECONDED , TO WAIVE THE FEES FOR THE ENGLEWOOD EDUCATION FOUNDATION FALL FLING EXCEPT FOR THE HARD COSTS. Mayor Woodward asked if there was any discussion . • Council Me mber Penn sa id I was goi ng to save this for under my comments but I will go ahead and talk sin ce I am on the EE F Board . If you notice that the dollar num~ers that they talking about, they are talking about $11 ,500.00 in scholarsh ips to the Englewood Higo School students and Colorado 's Finest. We also gave $22 ,000 .00 in scholarsh ips for creative graots to teachers in the Englewood Public Schoo ls. And so , this i~ one of the big fund raisers that EEF uses to afford these scholarships for the teachers and the ~!udents . I think that is something that we definitel y need to do. They didn 't go on . I did talk to Howard and Dr. Davidson today and they wanted to extend the ir thanks , Gary , to you and the staff. Kerry Bush , they sa id that you were a tremendous help , and both of the Sue 's upsta irs in the office , Carol McGuigan , Johnny Lujan . You know they just said it was a grea t thing and to make sure that you pass that on for the EEF • Mayor Woodward asked if there was any other discussion . There was none . Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None (i ii) Mayor Woodward sa id I would like to address Ms . Cu rn •0 'os comments on , I guess , wha t I will ca ll an attac k. I don 't feel like I have made any comm itments . I hav e , .1a cJe some statement s regard ing in w· •at, in my opinion , would be good places . Although not be ing as you said , Oh Mighty God , or feeling like tha t...first time I've ever had heard that type of commen t assoc iated with me ... it is the decision of the Board of 7 people here to decide where that display would go . That displa y was decided that the appropriate place fo r it was the Pol ice Departmen t, in the recept ion area . I had ideas , or a though t, that ii might be appropriate above the trophy case . However , if you go lo an y other departmen t...all other departments ... in cluding : Parks and Recreation Department , Community Devel op ment , Wastewate r Treatment Plan t...all ofthe awards are at those facilities . (From the aud ience Ms . Cummins said but they don 't throw them away .) Mayo r Woodward sa id you are ou t of line or out of order. You had your opportunity . So , your comments to me personall y are, I find , just an attack . If that is the wa y you wor k, that is fin e. We will deal with that. Than k yo u. (b ) Counc il Members ' Choice (I ) Council Member Penn : 1. He said a couple of neat things happened with Meet the Authors Sunday d.iwn at the library . It wa s a • gre at success . We had 60 authors , from talking to all the authors down there , this is probabl y the bigg est even t that the Colo rado authors ha'< to be abl e to presen t the ir boo ks, 1Jeas and interactive with the other auth ors . II wa s a great th ing . And of cou rse , Joun Clayton did a supe r job setting it up and wi!h her , Han k Long , Kerry , she had great food down there. Kerry Bu sh, than k you . You extended my wai stl ine aga in wh ich it doe sn't nee d • • • Englewood City Council April 20 , 2009 Page 11 100 . We have plenty of volunteers from lhe Frie nd s of to ·-_,ora ry A let of t~e Library Board was there and I believe a lot of the Board members. So , a big cono•· .• uIation to Meet the Aulhors . Again, 11 was a great success . 2. He said I won't talk about EEF c~a ', o. 3. He said to the graduates of the Pol ice Academy , congratulations and I hope it just continues . It ju st seems like it keeps growing and growing . It Is a great program and hopefully tha l keeps go ing . 4. He said Brad Mueller came in . I am trying to step back so I don 't always ask fo r money fo r the Chamber. We came into a glitch and it ,s ou r own fault but lhey are asking fo r a waiver on the Special Events . We would like to house it under one thing and the Chamber would have to pay for the fees on that and look towards next year as we develop the Fanmers Market to continue . That's all. It's been a great week . Thank you . (ii) Counci l Member Mccaslin: 1. He said first of al l. I've talked to a couple of residents abou t atter the snow storm and the y were reall y pleased the wa1• Englewood handled their removal . So I wanted to pass that onto Public Works . 2. He said secondly, Mathew. I would lik~ to address some comments you made ab.Ju t... I don 't believe I ever said ·unhealthy', and I didn 't get in a discussion quoted ... with it taken out of context the last ti me we had a discussion but what I said , if I remember right . I sa id that some of the articles were negative . They werP ·:,ritten by anonymous authors and they were complaining about the City and what we do and had no positive solutions . I don 't th ink at one time did I say that it was ·unheulthy'. I may have sa id it was negative but I didn't say it was unhealthy. In my opinion . it was negative . That is about all I have to address on that parr and I th ink otherwise, I am fine . (iii) Council M Jer Oakley said I would like to comment on the plaque situat ion tha t you referred to . I believe when that was brought up at ou r staff meeting . and I was the first one to propose that they be placed in the Police and Fire Complex on display in the lobby. And m y reasoning was the same as wha t Jim explained . that the awards for the Water Department are . for the most part. at the Allen Filter Plant and for the water and sewer they are on display in the lobby at Bi-City. Th is program was administered down at the Poli ce and Fire building and I thought that was an appropriate place to pul them. And as fa r as them being thrown away , I don 't know whether they will ever be displayed all at once or whether they will display a few at a time and how they ended up in a box but I think Council made it plain enough tha t they are displayed and they should rema in there. So at the present time , I don 't have any qualms of them going away. I think they will rema in displayed there . That's al l I have May or Woodward said thank you Wayne. (Iv ) Council Member Wilson: 1. She said I was at the Meet the Authors on Sunday at the library and I was reall y thrilled with the tum ou l. Lots and lots of people and very interesting . I got a bool . for my granddaughter and ii was interesting 10 see all the differen t... what the different authors were talking al>,ut. One was a doctor from where I used to work. One was a ne ig hbor of yours , Bob . Council Member !.lcCas in sa id yes . he liv es two houses down. Co•mcil Member Wilson sa id yes , and so that was fun to see one of th e guys from the neighborhood , writing his th ird book. There were a slew of different types of reading , so it was a lot of fun . I thought it was great. I really eejoyed ii. One of the authors even sells glass-blown beads on the side . so you never know who you 'll meet. 2. She said did you need something for the Farmers Market. a moti on to waive that? Council Member Pen n sa id I do need a motion on the waiver , yes Counci l Membe r Wi lson said so can I move for a mot ion for th e wa iver on the Farmers Market at this point? Council Member Penn sa id It is a special events fee . Counci : Member Wilson said okay, a speci al events fee Englewood City Council April 20 , 2009 Page 12 Council Member Jefferson said I will second that motion . Council Member McCashn said can you clarify wha t that said , is tha t fo r each vendor? Council Member Wilson said I thought it was the vendor fee tha t the gentleman here was ta lking about. Council Member Penn said yes . It would be for each vendor , th is year . Unfortunately the person that is in charge of the Chamber, doesn 't always know al l of the answers and unfortun•1ely this just came up . We just kin d of finalized it toda y. We will take care of 11 next year. It is just hard to pu, ,ton the vendors th is year as they are all plann ing on coming an d some of them would probably back out once the y had that $40 .00 fee added to their vendor fee . Co unc il Member McCa~1 said so is this a one time fee or will we address it ne xt ~,ear? I don't think it is a problem Council Member Penn saIu no , I th ink next year it will be publ ici zed . We will have the amount out there so that when they apply ... the y still have to apply for a vendo r license . They s:,11 have to come in and apply for tha t. If they are sell ing anything but consumables , they still have to come m and tal:e care of their sales ta x license . If they are selling consumables that they can consume at the Fanmers Market they have to be okayed by Tr i- County . So these were al l In place other than the special eve nt s fee . Ms . Wilson sa id then you are as ki ng foe one for the umbrella for all . Council Member Penn said ti1at is correc t. COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER JEFFERSON SECONDED , TO WAIVE • THE SPECIAL EVENT FEE FOR EACH VENDOR FOR THE FARMER 'S MARKET FOR 2009, WITH ALL • VENDORS GOING UIIIOER THE UMBRELLA COVERAGE BY THE CHAMBER OF COMMERCE FOR ONE SPECIAL EVENT FEE' OF $40 .00 TOTAL . Ma~or Woodward asked if tlier.! was an y more discus~~i on . Council Member Moore said so what is the umbrella fee that replaces it. Council Member Penn sa id the Ch ambe r will pay the $40 .00 umbrella fee for the entire Farmers Market. Council Member Wilson said instead of individual fee . Council Member Penn said instead of individual ones . Council Member Moore said it is not clear to me . Will the Chamber pay $40 .00 for every license that would have otherwise been ... Council Member Penn said no , just the $40 .00 , ju st for th e one time , Coun cil Mernbar Moore as ked how many vendors . Counc il Membe r Penn said right now , I think there are 14 . Now , there is not a fee to City businesses and so there are City businesses t 1at will come in and there would not be a special events fee , So they do not have to pay one . Counc il Membe r Mccaslin sa id KEB was kind of getting on boa rd for a booth . Mayor Wood ward sa id Rand y, a question on . th e Chamber has a number of booth s for the ir use . Counci l Member Penn said that is right. Mayor Woodward said would each one of those be considered a ve ndor too ? mean , if, for example , the En;lewood ... one of the high school groups came in and the Girl Scouts were there fo r something , would they be two separate groups or would it be under the umbrella currently available ? Counc il Member Penn said the y would be under the umbrella but they would not have to have on e because they are non-profit and none of the non-profit companies have to . Those fees are always waived . They are automatically waived but they would come in there so there would not be a fee there . The only fee that the non- profits would have to pa y would be If they sell anyth ing bes ides consumable or the ir cards or th ings like that. So , if they came in and sold baked goods ... no not baked goods ... it would have to be someth ing else . If the y came in and sold bags , they would have to apply for a sales tax license and they would have to have a perm it Mayo r Woodward asked if there were an y other quest io ns . There were none Vote results: • • • • Englewood City Council April 20 , 2009 Page 13 Mot ion cam t j , Ayes . Co un ci l Members Penn , Mcc aslin , Moore , Woodward . Jeff~rson , Wilson , Oakle y Na ys. None (v ) Coun cil Membe r Jefferso n He sa id fi rst , I just wan l to sa v congratul at ions lo the latest cl ass of grads It is nice 10 see tha t prog ram having so much success . 2. He sa id I just wanted to thank Mr. McGrego r and Dr. Davidson for the ir war~. 3. He sa id it looks like we took care of the fees for the Chamber . 4. He sa id to Matthe w, wh ile I generall y disayree with a lot of informalion found on eyeonenglewood .com , I too generall y agree that getting people in ou r commun ity interested in talkin g abou t the issues that face ou r ccmmun ity is very beneficia l. 5. He sa id to Beverl y, I actually agree with you . I would like to have seen them in the City building here as well . However , as Mr. Mayor po inted out , we do have a process for mak ing dec isio ns and we must adhere to that process . Tha t's all I have . 13 . City Manager's Report (a) City Manage r Sears sa id just a rem inde r about the Wednes day afternoon . at 4 o'clock . at the sewer plant , the Wastewate r Treatment Plcrn t If you ge t a chance to come ove r, it is really prett y specta cula i It is 11 4 million doll ar project completed on time and under budget with the returo of 1.5 million dol lars . The sta ff ove r there did 1n incredible job of keeping the project go ing with only three lost-time accid ents of a minor nature in a fou r year timeframe wh il e we were still provid ing 23 mill ion gallons of sewage treatment on a daily bas is . It ·s up for some nalional reviews ai1d awards . It was the large st public works construction proje ct in the State of Colorad o back when •t was started . So if you ge t a chance to come ove r. it will be informa l the re but again thi s 1s a very complex City and we operate a major wastewater treatment faci1 ity .. the third larges t. I believe . m the State of Colorado . So if you get a chance to come by. I think you will be impressed wit h the resul t. So hopefull y you can be there . Tha l's all that I have . Co unc il Member Oakley said are the y !jO ing to offer tours or .... ? City Manager Sears sa id if you co uld cal l earl y ... there will be eithe r before or afte r, bu t it will be over abou t 5.15 or 5:30 , but if you can come by in the aftern oon to tou r the new pro cesses facility. Most of you have been over there and seen it but to see it in the final state Is pretty spectacular. Jus t give Wastewate r a tel ep~,one call ove r there and the y are read y to do lhe tours when yo u can. Tha t's all 14 . City Attorney's Report (a) City Attorney Brotzman sa id I do have one item . We were able 10 the settle the proposa l fo r Montgomery vs . the City of Englewood fo r $3 0,00 0.00 Th is is to resolve a cla im fo r bac k pa)'. The cla im is based upo n adm ini strative time that was earned pno r 10 2001 . Wh ile the curren t City policy , adopted in 200 1, does not allow ~ayo uts for administrative time . In co ntradictio n to that policy , during 200 1, the the n Directo r of Publ ic Works issued a misleading memo . And wh il e tha t Director did no t have auth ority to contrad ict th e City pol icy that was adopted , it was confusing to th e employees that were involved . The settle ment woul d resolve this issue to an emplo yee that had 50 years of serv ice to the City. It would also free fou r current emp loyees sim il arlr Those four em ployees would not rece ive ca sh bu t rathe r would be requ ired to use the ir pre-2 001 adm inistrative time . So I would request a prop osa l to settle Montgome ry vs . the City of Englewoo d Counci l Memb er Jeffe rson sa id wh at aga in was the ex act sett le ment am ourit ? City Attorne y Brotzman sai d $30 ,000 .00 . Englewood City Council April 20 , 2009 Page 14 Mayo r Woodward sa id and that include d att orney fees ? City Attorney Brotzman sa id yes . Mayor Woodward said and th is is th e init ial settlement proposal tha t will ... you will nolify us when all th ings have been resolved with regards to that ? This is no t resolving everything . I don 't th ink . It is gelling ... we have until. .. City Attorney Brotz man sa id we nave releases from everybody at th is point except Mr. Montgomery . We have negotiated the sett lement documents with Mr. Montgomery himself. So it is not signed but we have the do cumen ts in hand . Mr . Wo odward said okay . COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE THE PROPOSED SETTL .EMEN"i OF $30 ,000 .00 FOR MONTGOMERY V. THE CITY OF ENGLEWOOD . Ma yor Woodwaro asked if there was an y dis cus sion . Council Member Wilson sa id as everyone knows . I don 't agree with this and I won 't be vot ing in favo r of it I fel i that I want to support the current people . adm inistrat ion and also th ing s oo change . I worked in the governmen t for 30 years , when we got a new governor , the whole world cha nged every time . Th ings were given . things were taken awa y. and it was part of business . And so . I feel that th is is inappropriate . Tha t's all I have . • Council Member Jeffe rson sa id and I do feel th is ... after exhausted discussion with the entire Council in Executive Sessions , I do generally support th is motion for settlemen t. This is a very cost effective way to manage this type of a situat ion where an employee has a legitimate claim against the City . II also seemed just generally like the right thing to do . This was our longes t serving employee , In my understanding , over 50-plus years with th e City . And we just wanted to make sure that we did what was fa ir and also effic ient for the City 's cash . And again , I will be supporting this . • Council Member Penn said I agree with Joe . You know , even in supporting this , Gary , I hope you still unde rstand that we have high regards fo r you and it has nothing to do with what you do but it is just something that I th ink is fairness . An d yet. I wan , you to real ize that we stil l have extreme ... City Manager Sears sa id I apprec iate it Mayor Woodward said I would just lik e to make a statement tha t I want to acknowledge De l Montgomery 's work and ded icat ion to the City over the past 50 years and al l the work that he has done and wor k of other emp•oyees of Public Works . I have struggled with this since it started , in that not whether some people have done the work . but whether th is is the place for Council to get involvu d here or where this is specifically stated as a City Manage r's duty to deal wit h th is. l'v~ gone back as lai~ as today , yes and no , however at this po int . I will be voting ye s on it to get it completed . Gary , I respe ct what you have gon e through over the last numbe r of years wit s th is and support what you have done . Mayor Woodward sa id ts there an y other discuss io n now . There was none . Vote results : Motion carried. Ayes : Council Members Penn , Mccasli n, Moo re , Woo dward . Jefferson , Oakley Na ys: Co unci l Membe 1 Wilson 15. Adjournment MAYOR WOODWARD MOVED TO ADJOURN . The me eting adjourned at 8:50 p.m. Deput y Ci ty Clerk •