HomeMy WebLinkAbout2005-09-06 (Regular) Meeting Minutes•
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I. Ca ll 10 Order
ENGLEWOOD CITY COUNC IL
ENGLEWOO D, ARAPAHOE COUNTY, COLORADO
Regular Sessio n
September 6, 2005
The re gular mcctin,t of the Englc""ood Cit y Council wa s called to order by Ma yor Garren at 7:41 p.m . .....
Mayor Garrett said our communit y has lost one of its va luable mcmbcrs ... Doroth y Romans . We ask fo r yo ur thou ght s
and pra yers for her and her famil y this evening .
2. InvocatJon
The invocation was given by Council Member Barrentine.
3. Pledge of Alloguu,ce
The Pledge of Allegiance was led by Mayor Gorrell.
4 . Roll Call
Present :
Abscn1:
A quorum was present.
Council Members Tonwso, Moo re , Barrentine, Garren, Brad shaw.
Wolosyn, Woodward
Non e
Also prese nt: City Manager Scars
Assistant City Altorncy Re id
As ~ist:mt City Manage r Flahcn y
Ci ry Clerk Ellis
Depu1y Cily Clerk Bus h
Director Olso n. Safet y S ;rvic es
Housin g Finance SpcciJl is t Grimmcn . Co mmun ity Deve lopm ent
Co mmunity °'=vclopmcnt Mana ger Sti ll , Co mmun ity Dcve lor,men1
Director Gryglew icz. Fin ance and Ad mi ni strative Se rvi ces
Fire Cap tain Pan nrozzi , Sa fely Services
5. Consideration of Mlnules of PreviotL-; Session
(a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2005.
Mayo r Garrell asked if I he re were any co mmen ts or co rrec ti ons. The re were no ne .
Vote results:
Ayes:
Nays:
Absta in:
Moti on t.:arried .
Co:a ncil Members Moore . Bradshaw, Ga rren. Wolosyn. Woodward. Tomasso
No.,e
Cou11c il Member Barren tine
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Eng lewood City Cou ncil
September 6, 2005
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~t ayor Garrett moved J..ge nda hems 8 (b) and 8 (d forward .
8 (b) A proclamau un dccla rin£ Seph.:mbcr 2005 as 'Pain AwarencS!> Month '" 1n 1hc Cuy of Eng lewood wr1s
l'onsidered .
COUNC IL MEMBER MOORE MOVED, AND IT WAS SECON DED, TO APPROVE A PRO CLA MAT ION
DECLARING SEPTEMBE R 2005 AS "PAI N AWA RENESS MONTH" IN THE CIT\' OF ENGLEWOOD.
Ayes: Council Members Barrentine. Moore. Brad shaw , Garrett . Wolosy n.
Woodwa rd . Tomasso
Na ys: No ne
Moti on ca rr ied .
Mayor Garrett and Counci l Member Moo re pre se nted th e proc lamation 10 CJ Cull inan .
8 (c) A Proc lamation dec larin g Se ptember 2005 as "Keep Engl ewood Beautiful'' mo111h was co nsidered.
COUNC IL MEMBER •l 'OODWARD MO VED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION D: • I ARING SEPTEMBE R 2005 AS "KEEP ENGLEWOOD BEAUTIFUL" MONTH.
Aye s: Co unci l Members R:irrentine. Moore . Brad shaw, Garren. Wol osyn.
Woodward. Toma ssc.,
Na ys: None
Motion ca rri ed.
Ma yo r Garrell pre sented the proc lamati on to Mr . Woodward .
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Mr . Woodward sa id I jusl wanted to menti on that we had our SK run 1his pas 1 weekend . 1t was success ful again thi s •
year ... more success ful than la st year . We had 11 pproxima1ely 107 runners and we were abl e to raise more mone y
toward so me of the things that we wou ld like to do in environmenta l educational type eve nt s with Englewood Schoo ls.
On Septe mber l0111 we will be hav ing our first of the yea r Hou se hold Hazard Material s Roundup 111 the Servicenter.
Thi s will include computers . printers. ce ll phon es :md electro nic device s amon g: other th ing s such as mercur y. paint. etc .
Thank you .
Ma yor Garrett thanked Mr . Woodw ard .
6. Rccognilion or Sc heduled Public Commcnl
(a) Serafin Garcia . landl ord for the proper!)' at 2893 south Broadway . said my wife . Terry Rinaldo :md
Grant from th e Ma 1 •t Inn . and Yir gu fr om M D Li 1~u urs are wi th me . Th ey are b01h tenant s in th e bui ldmgs we own
th ere . We arc here ... au :,e of a prob lem that th ey arc havi ng wi th a tree . I beli e \'C tha t Terry's dau gh1 er ha s wr incn 10
the Plunnin g Department and go t a respo nse 1ha1 nothin g co uld be done about the pos sibil ity of rem oving that lrcc.
whic h is obs1 ruc1ing two awning s 1ha1 are right in tha t loc ation . We ha ve some picture s :iln t wi ll heller gi\•e th e dc 1ai ls.
JU St for the record . That tree . I bc\1 1.:vc, wa s planted th ere around 5 or 7 years ago when th e bea utifi ca110n prog ram wa s
bro ught up fo r Englewood . The two 11w nin £S, tha t are th ere pre sentl y. wen.: pama ll y paid for wit h th e same funds fr om
th e Ci1 y or the Beautifl calion Pl :111n111g Blla rd or wha teve r it is. So. we huvc a siiuati on toe.la y that. whil e 1hi.: :1wnings
helped a lot. the obs truction 1s also caused by th e City. And we .ire here to :,cc what c:tn be done abo ut remo ving !hat
tree frnm 1here. I bclteve 1tm T erry or both of th e 1cnun1s will h:1 ve some wo rd s tu sa y abo ut th e ma ller.
Mayor Garrell asked if he had an ythin g el se . Mr . Ga m ;1 said no. unl ess yo u h:1ve sn me qu c~1io11s th:11 I have 10 an swer .
Mr . Garrell said what we wi ll du is we will tu rn thi s ove r 10 l'ubl ic Works. Ladd in tra ffi c. :md th e Ci ty t-.fam1gcr a1d he
wi ll gel a .cport back to City Coun ci l un th e situati on so we 1:an be tt er understand und we wi ll be in co 111 ac1 with yo u .
Mr . G:trcia said 1he rc :tson I am rea ll y here , I lmppc ncd tn talk lo somco nc ... l don ·, h ow 1f 11 w:1s th e Planning
Department or where. but th e l'onvcrsa1i o11 wen l absolutel y now here. I go1 the imprc:,s 1on after tal km!_! wuh lum th at !h e
co mmu nit y had 10 vote on 11 . So.Jo kin !_!ly I tell myself. as :i c:u mmumt y we ha ve to vole on makm £ a dernmn on :1 tre e.
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,1=:nglcwood Cil y Counci l
Se ptember 6, 1005
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Mr . Garrell said we will i;et a repo rt ba ck fr om Pu bli c Works, bc cam,c we h:•vc hc.ard yo ur conce rn . we will gel so me
infor mati on from th e departme nt , bcc:1usc we need to hc :1r fro m 1hcm and wh:11 th ey have 10 say and th en we will
comacl yo u and let you kn ow what is goini; on.
~k Garcia said th :mk yo u. I believe that so me peopl e here have so mc1hmg tu say abou1 11 and ma ybe they will 1::1vc you
a little more in forma 110n.
Ma yo r Ga rren snid ii wi ll be in 1hc next portion . Th ey 'nave signed up tn speak in the ncx 1 sess ion, so we will h1..ur them
in a second . Thank yo u ve ry mu ch.
7. Rccognilion of Unscheduled Publ ic Co mment
Todd Eri ckso n. 4175 So uth Li pan Stre et sai d I have been a resi dent of Englewood fo r th e pasl eig ht years and th e
Denver metro area for 3bo ut 34 years . I wo uld lik e to sta le that if yo u wo uld lik e 10 li ste n to th e co mm enl s of the
people involved with the ge ntlem an th a1 yo u just hc3rd fr om fir st IO keep 1h1! continuit y of lh e di sc ussion. u · .. would be
wi llin g to wait until th3t discussion is 0\'C r. Mayor Garrett said it is yo ur choicc ... yo u we re the fir st 10 sig n up so yo u
ca n make th e choice . Mr . Er ickson sai d I th ink it might help yo u to have the disc us.;ion co nlin ued rather than break it
up in1u two sc paralc items . so we will be glad 10 wai t until 1hey nre finished . Ma yo r Ga rren sai d thank yo u sir . we wi ll
come back to yo u.
{3) Cli fton Sizemore. 683 1 South Downing Circ le in Ce nte nn ial. sai d we don't wa nt lo destroy th a1
trce ... it is a beautiful tree. My wife and I arc more than willing 10 take and put a planter out th ere. we wi ll pay for it, we
wil l main tain it . we wi ll do anything . but it is just thar if yo u arc goin g north on Bro3 dwa y. yo u can not sec our pl ace of
busine ss and ii docs hurt us. I ha ve h:id fr iend s that I've 10ld where we arc loca ted at and they co me down and they
c:m't sec it and they go home and th e nex t da y I sec them and th ey say we ll we co uldn'1 find th e place. 11 is just a tree
and I don't wa n1 to kill the tree . don't ge t me wrong. it is a beautiful trec ... it re.ill y is. I see what th e City of Englewood
is doing, but th e lhing is, I don 't think th e Ci ly of Eng lewood w:ints to hurt my business. I reall y do n't. We pa y our
taxes and everyth ing and I would just like the tree to be remo\'cd and pu1 someth ing ou .• here th at does n't hide my
busi ness. T!iat's all . I thank yo u very mu ch fo r you r lime. Mr . Sizemo re th anked Mr. Erick son.
Mayor Garrett sa id thank yo u ve ry mu ch.
(b) Todd Erickson sa id thank yo u for the oppo rt unit y 10 speak :o you today . On my rigt,t is Shirl ey
Friend. she is a business ow ner in the Ci ty of Englewood . She is in th e Ha"1h ornc Botani cal buildin g on So uth
Broadway. Shirley has asked me 10 spea k for her 1or' ·Ruse she is quite shy and gets ve ry nus1i:red whe n talki ng in
pub lic . I ha"e bee n her auomey in the pa s! and my h,o one of her clients. Toda y I am speakin g not as her
anorn ey . but as a fr ie nd .i nd someone worried abo u1 hl me ss. Shirl ey has bee n a bu sine ss ow ner in the City of
Englewood for 1hc past six and a half yea rs. She does rell exo log y and bod y wor k in th e Hawt horn e Bmani ca l bui ldi ng.
And ri gh1 now she ha s a prob lem :md she is looki ng for yo ur he lp. A few week s ago Sh irl ey wa s \'isi 1cd by a detecti\•e
fr om Englewood asking for her Ma ssage Therap y Licen se, which she did not have . She docs no1 conside r herself a
n,ass:1ge 1herapis1 and wa s q uit e co ncerned when 1he dc 1ec 1i vc "isi1cd her. Upon undema ndin g 1hat she m:ty be in
violati on of 1hc Code . she hired me to help her get the li censi ng requirem e nt s and :-ncet 1he Cny Code. Sh irley docs
ren cxu log y and bod y work . whi ch. if you arc no1 fami liilr wi 1h 11. which J was no t. is the pra ctice uf mo\'ing mu scles
back int o place when th ey ha\'C come unali gned ... • .s opposed 10 ma :;sagc 1hc:rap1 s1s wh o wurk wi1h lh c mu scles
1hc msclves. The training for mass age therapi sts and th e traini ng for renex olO!,!ISts and bod y worke rs are co mpletely
differe nt. The y do11·1 go to the same sc hoo ls. lh ey don·1 ta lk the same lanl_!uage and there is not a lot of 1n1 crac1ion .. .l
mea n it is two separale profe ssi ons . Anyway . once Shi rl ey fo und out that she wa s po ss ibl y in -.,olat1on of th e Code . she
started the process 10 become licensed in Englewood . For !he pa s! six and one half years Shirl ey has not o nl y bee n a
busine ss owner here m Englewood. bu1 has been a ve ry va luab le member of 1hc bu sin ess co mmun ity. She is .:1 member
of 1he Chamber of Com 1nercc . She ha s received award s from th e Cham ber uf Comme rc e und as we were wa lking
aroun d walling for th e meet in g to s1ar 1. she men ti oned 1hat th e Co uncil roo m, where yo u were hnldi ng th e Stu dy Gro up
carlier ... she didn't know how many time s ~he had been in there doing cha nty and Chambe r of Co mm erce e ven ts fu,
free. She has worked with man y chanli es in En!,!lewood . incl udin g e\'Cnl ~ al the Mall ey Cc nler. th e Rec rea ti on Ccrucr
nnd here m lhe C11 y bui ld ing. She moved in 10 Engle wood a~ a bu siness pe rson m 199 9. felt very wclrnm c and m:c epl cd
and has dune a~ mu ch as she t·an lo beco me parl of the l.'nrnmumt y. She dona1e:-. a £real amount of tim e lu lrth!r Fa i1 h
Co nunu111 ty Servu.:cs. loc al sc hoo ls and the Yaffe House. whi ch is a pla c:e for fomil y mcmhcrs In ~my while u1hcr fami ly
members arc in St. A thon y Hos pit al. She ha~ al so been mrn lvcd m fu nd r:nse r:-. fo r th e Chamber. th e En !,!lcwood
E nglewood C it y Council
Se ptember 6, 2005
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Educa ti on Foundation, ln1 cr Faith Communll y Sc rv1ce:ri and the Veterinary Referral Services ... a buil di ng o ver by the
Spo r1 s Auth ori ty building . Shirl ey cs111na1c:ri that abou t 50~ of her client s ll\c and work in En glewood mid th is include ~
a nu mber o f Cit y emp loyee s ... :r,hc kno ws a nu mbe r of th em at all level s o f the Ci!) go vernme nt. Wh al Shirley is :is ki ng
for is not a license 10 prac 1ice m Eng lewood, wh :u she is asking fo r is a re so luti on tha t wo uld all o w her time to come
within th e Ci ty Code a nd conlinuc he r bu si ne ss in Eng lewood and cont inu e se rvin g her cl ients in the Ci t y o f
Englewood . She has spe nt appro xim ately $8,000.00 on her ed uca ti on. has be tween 3000 and 4::;00 hour s of experience
and edu ca ti on. Unfo rtunately th e cduca 1ion she ha s received has been fr om massnge !cac he: .. who arc 11 01 acc redi ted by
the Ci1 y or ucc red it ed by the State, because they arc not massage th erapy teac he rs. they ure renexology and body work
leachers. So. she is caugh1 in the middle and ,he wo uld lik e to sta y in Engl ewood . She would like to comi nu e her
busines s. She wo ul d like to co me into com;.,li ti r ce with th e Code . She is ve ry apol ogeti c th at thi s situ ation ha s come
up . S h'! wa nts tu remain in Englewood as a va lu ab le member of the community. but she docs need a li1tlc tim e 10 come
into co mpli ance with the City Code . Wh at she asks for is a waive r of th e busin ess license req uire men t for six monl hs,
so that she can get th e necessary acc redited ed ucation and co nt inu e in Englewood . She is now ava il ab le fo r nny
que sti ons you may have.
Mayor Garrett said thank you very mu ch . Ge nerall y thi s is the po rti on where we li sten 10 what peop le are tell ing u~ and
asking us. If. durin g Council Mem b:rs Choice. one of th e Co uncil Members has anythin g th ey need to commen t on,
!h ey wi ll. Just so I understand , what yo u are say ing is yo u would like a waiver fo r a six month peri od and al th at poin t
in tim e all the applicable provi sions of our City Code would be fo ll owed. is 1hat correc t? Mr. Eri ckso n said yes . M:i.yo r
Garrett sai d lhank :·ou very much, th a1 is what we needed 10 know .
8. Co mmunications, Proclamations and Appointments
(a)
consid ered.
A leller fr om Pamala Sampso n a nn oun ci ng her resig na1io n fr om the Elect ion Co mmi ssion wa s
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE LETTER
FROM PAMALA SAMPSON ANNOUN CING H ER RESIGNATION FROM THE ELECTION
COMMISSION.
Mayor Garre ll «,;kcd if th ere was any co mm ent There was none .
Vote results :
Ayes : Co unci l Members Barrent ine, Moo re. Brad slmw. Garrett. Wolosyn.
Woodwa rd . Tomasso
Nays : None
Motio n c:irr ied .
(b) Thi s Age nd a hem was mo ved forwa rd {Sec p,1 gc 2.1
(c) Thi s Agenda 11cm wa s moved fo rward . [Sec page 2.J
9 . Co nse nt Agenda
(a) Approva l '1f Ordinance s on First Reading
Th ere were no additiona l item s ~ub 11111tcd for app rova l on tir st rc:1ding. (Sec Agenda 11cm 11 .J
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPRO VE CONSENT
AGENDA ITEM 9 (b) (I).
(h) Approv:il of Ord inan ce s nn Second Rea din g
(1) ORD INANCE NO . ~0 . SER IES OF 2005 !COUN CIL BI LL NO 38. INTRO DUCED BY
COUNC IL MEMBER BR ADS HAW )
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Englewood Cit y Co undl
Seple mber 6, 2(K)5
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AN ORDINANCE AUTHORI Z ING ACCEl'TANCE OF A GR ANT FRO M THE STATE OF CO LORADO.
ECONOM IC DEVELOPM EN T COMMISS IO FOR MARKETING AND ADM I NISTRATI VE SU PPORT IN THE
ENTERl'RI SE ZONE .
Vo t e res ults:
Ayes: Co un ci l Members Barren tine . Moo re . Bradsh.s,\'. Ga rrett . Wolosy n.
Woodwurd , Toma sso
Na ys : No ne
Mo 1io n carried .
(c) Reso luti ons and Motio ns
There were no addi tiona l reso lut ions or motions subm iued for approval. (See Age nd a Item I I.)
J 0. Public Hea ring Items
No public heari ng wa s sc heduled before Co unc il.
11. Ordinances, Reso lution and Motions
(a) Appn.va l of Ordina nces on Fi rst Reading
(i) Hous in g Finance Speciali st Gri mmet~ prese nted a reco mm endatio n from lh e Comm unity
Development Department to adopt a Bill fo r an Ordinance app rovi ng the rede mption and subsequent sa le of 4 165 South
Wa shington Street , a si ngle fa mil y home. whi ch was acqui red th roug h the forecl os ure proce ss. She sai d I am here th is
eve ning 10 request Co un ci l's approva l of a fo recl osu re redemp ti on that we had acco mpli shed earli er in August and
subsequent ly, approva l of the sa le of th at propc n y to a fir st time home bu yer or at least o.n owner-occupi ed homeo wn er,
so that we ca n redeem th e cost that we have put int o the fo recl os ure an~ be abl e to put it back into th e Rehab Enterpri se
Fund. The fo recl os ure was a typica l one tha t we ha ve bee n faci ng. Thi s pa rticu lar fo rec losure, is ju st like the other
three or fo ur that we have had thi s year, and this is j ust the last. I um hoping that we will not be before yo u again. but
we ma y be. given th e way thi ngs arc go ing . So. we arc requesti ng approval of th e forec los ure.
Mayor Garrell asked if there were an '-·cs tions for Ms. Grimmett . There were no ne .
COUNCIL M EMBER BRADSH!. YIOVED, AND IT WA S SECON DED, TO APl'ROVE CONSENT
AGENDA ITEM II (a) (i).
CO UNC IL BIL L NO . 40, I NTRODUC ED BY COU NCIL MEMBER BRADSH A W
A BILL FOR AN ORD INANCE A UTHORI Z ING THE REDEMPT ION A ND SA LE OF A HOUS ING
REHABILITATION l'ROPERTY LOCATED AT-l l 65 SOUTH WA SH INGTON STREET I N THE C ITY OF
ENGLEWOOD. CO LORADO.
Council Member Woodward sa id do we bre ak eve n !h en ? As I undersrnnd it. th e propert y l!I un der co ntra ct fnr sale
now.
Ms. Grim meu s11 id no. not lhi s pa n ic ul ar one 1hat we have red eemed . The re an: no co n1rac1s. We 11ave just taken
possessiu n of the house . We had 10 posl a nolicc fo r evic ti on and. in fact. toda y I had a notice that I'm not so sure th at
the prior ow ner co mple tely ha s all of their items 0 1.11 . So. the fi rs1 step is tha t Co uncil appro ve 10 sell by ordina nce and
1hcn wc wi ll be ge111 ng in there 10 assess rehab . after th e ordinance is appro\·cd o n fin al read in g. Then we will go ahead
and put it up fo r sale and lake an y offer s .
Mr . Woodwa rd sa id okay . And I do sec that the propert y wi ll be so lJ to :1 privat e uwner -occ ui,ied pa rty . Ms. r.rimmcn
said ye!I, ownc r•rn.'cup11:d. Mr. Woodward sa id grea t. thank yo u.
M:1yor Garrell a!lkcd 1f there we re any ot her que stion!\ ur cu m111 cn1 i; ;among Council. The re were 111,nc.
Englewood Cll y Council
September 6, 2005
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Vote results :
Ayes : Cou nci l Members Barren tine , Moore . Brads haw , Garrett . Wolos ~m.
Wood ward . To masso
Nays : None
M01i on ca rri ed .
(h) Approval of Ord inances o n Second Readi ng
(i) Co unc il Bill No . 31. an Intergovernm enta l Agreeme nt wi th Arapahoe Cou nt y to use Open
Space Grant Fund ing for constructing imp rovcmcnl s to the Mary Carter Green way was co nsi dered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEM 11 (b) (I)• ORDINANCE NO . 41, SERIES OF 2005 .
ORDINANCE NO . 4 1, SERIES OF 2005 (COUNCIL BILL NO . 31. INTROD UCE D BY COUNCIL MEMB ER
BRADSHAW)
A BILL FOR AN ORDIN ANCE AUTHORIZING AN INTERGOV ERNMENTAL GRANT AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONER S OF
ARAPAHOE , STATE OF COLORADO PERTAINING TOTIIE MAR Y CARTER GREENWAY EXPANSION AND
BUFFER .
Mayor Garrett asked if there were any comments or questi ons . There were none.
Vote results :
Motion carried .
Ayes: Council Members Barrentine, Moore. Bradshaw, Garrett . Wolosyn,
Woodward , Tomasso
Nays: None
(c) Resolut io ns and Moti ons
(i) Hoelmg Finance Specia li st Gr immett prese nted a rcco mmcnd11 1fo n fro m the Co mmu nity
Deve lop ment Dcp anmcnt to approve II reso luti on amendin g Reso luti ons 47 and 75. Series of 2005 . to authori ze the lou n
fund s to be used for the purpo se of fundin g the redempt io n and th e 11Ssoci11tcd cos ts of fo rec losed Engle wood Housin g
Reh11bilitatio n Enterpri se Fund propcnies. Sh e s11 id l am here th is eveni ng to try to correct so me language that was in
some pri or moti ons tha t we had invo lvi ng, specifica ll y. approval 10 appl y for two loa ns ... one fro m Mile High Housing
Fund s and one from Co lonia l Bank. In eac h of those resolut ions th e way th e lan guage was interpreted by th e
Acco unt ing De partme nt . it all owed us to so le ly use th e fund s on ly fo r th e redempti on cos 1s and not for reim bursing any
oth er costs that mig ht be assoc iated wi th 1he red em pti on ... as I stated before. po ss ible ev iction or any of the
rehabilitat io n a nd it also di d not all ow us to rei mburse ourse lves fo r so me of those past e· .pc nscs th at we had on th e
pr ior fo rec los ures th at we had earlier in the year. So th is pan ic ul ar resolution j ust corrcc:ts the lang uage so that those
fund s can be used 10 cover th e fo rec losu re costs and rei mburse us fo r th e past ones .
Mayo r Garren asked if th ere were any questio ns fo r Ms. Gri mm cn . The re were no ne.
COUNCIL MEMBER WOODW ARD MOVED, AND IT WA S SECONDED , TO APPROVE CON SENT
AGENDA ITEM 11 (c)(I) RESOLUTION NO , 76, SEIUES < F 2005.
RESOLUTIO N NO . 76, SERIES OF 2005
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A RESOL UT IO N AMF ,ING THE LANGUAGE OF RES OL UT IO NS NO , 47 AND NO , 75 SE RIES OF 2005 BY •
CL ARI FY ING THE USI ,)F THE FUNDS AUT HOR ;ZED FOR THE PU RPOSE OF FUNDI NG THE
REDEMPTION OF FC ;-u,C LOSE D ENG LEWOO D HOUS ING RE HABILI TAT ION ENTERPRISE FUND
PROPERTIES .
Mayor Garrett asked if there was any disc uss ion or commcnL'i . There wa s none.
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.Englewood City Cou ncil
Se ptember 6, 2005
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··.,1e results:
Ayes : Cou nci l Members Barrentine. Moore . Brad shaw. Garreu, \Vol osy n.
Woodward , Tomasso
Na ys: None
Moti rn carried .
12. General Discussion
(a) Mayor's Choice
Mayor Garrett did no l have uny maucrs 10 bring before Co uncil.
(b) Council Members' Choice
(i ) Counci l Member Bancntinc :
I. She sa iJ I want to 1hn nk Fire, Police and the Hazmat Team for respo nd ing to a spill in the alleyway betwee n
Pear l and Washington in the 4200 bl ock and then 10 thank Public Works for going ou t there and scrapi ng that. Whil e it
wa sn't identified as hazard ous, I did, befo re I left on my vacation, take a trip down that alley and it was extremely bad.
So. I app recia te that Public Work s went out there and scraped so th ey could get rid of that smell .
2. She said I did hove so me questio ns about wh al yo u are facing for yo ur bu sines s at Hawth orne Botanical. If I
could ask, whal is necess y fo r yo u to come inl o ccmpliance ... what are you looki ng to ac1.::>mp li sh in the next six
months?
Ms. Friend said I can take a course that wo ... 1: l4ke me fo ur 10 -..ix months 10 complete thi s and it is a State acc redited
sc hoo l. Ms . Barrentint: sai d okay . Wh .u is i1 nt,o ut the rir.qu iremen t that you a.re not mntrhing up wi th ? Ms. Friend said
the classes that I ha ve take n we re not t:mght b) ~late accred ited teach ers. Ms . Barrentine said ror massage th erapy, but
you have some kind of registration or li ce nse c,r certification for re fl ex ology th en? Ms . Friend said no, but I have been
taking classes for eleven years .
Counci l Member Moore sa id is there a licen se that the instru ctors ha ve 1hat recog ni zes reflexol ogy? Ms. Friend sa id
they are ce rtified by the sc hoo ls th at they teac h for ... one ow ns her own sc hl)Ol. The other one is a sc hoo l o ut c f
Califo rni a.
Ms. Barrentine said okay. so it is not the mone y for the lit·e r,sc. you would ac tuall y have to now go o ut and ge l trained
as a mil ss age ther apist in order 10 get li cen~ed in Englewr,od to do refle xo logy'! Ms. Friend said ri ght yes . Ms.
Barren tin e sa id for what yo u hav e bee n doing for thi s :lllire time? Have you done 1hat for the entire time in that
business? Ms. Friend said th e reflcx nl ugy? Ye s.
Cou ncil Member Brad shaw said she wa s pre viously at Bro:1dwa y Mair Compa ny. Ms. Friend said yes. which is across
from Flood Middl e School.
Coun cil Member Woodwa rd sa id is 1h 1s ru ll time. 1he rcnexo lngy. is tha1 a full lime profess ion rig ht now ? Ms. f.'ricnd
said yes sir. He said and yo ur b1 1si nc ss premi ses. is tha1 somc1hing th at yo u ow n or that yo u rent '! Ms. Friend said I
ren1. Mr. Woodward sa id okay .
Ms. Barrenti ne said I ha ve a co ncern 1hat if th ey are ve ry s~paratc prorc ss 1ons. 1hen were you 1t01 ab le to mak t: wh:11 yo u
be lieved was a good enough case 1ha1 thi s was not massag .! therapy ? Ms. Frie nd sai d I just felt i i wo uld be easier 10
co mpl y with Ci ty Code ... if I am give n 1hc six mon 1hs .
But . Mr. Erick son said , the City Code ha s a very broad defini11on or a massage therapi st. An ybody who uses th eir
hand 1110 manipu lale mu scle s< n a perso n is co nsid ered am:-···a!!C th erapi st. eve n th ough th e tra1m11 g for a m:1ss :ige
therapi st and for a rctlcxclogis t und bod y worker ar e co m, .. ~tcl y differen t. It is possi bl e that she lit s under the ma ssage
th erapy uefi niuon and th:11 is wh y she is !.ccking th e lice nse now . so there is no questio n.
Englewood C lly Council
September 6, 200;
Page 8
Ms. Barrent ine said well th en is ii possi ble !h at A'e cou ld aMe nd the definit io n nf massage th erapy enoug h 10 incl ude
rcnex ology. so 1h a1 she wo ul dn't ha ve to become a ma ss age th crnpi s1111 orde r to beco me a rc nexo logi st '!
Mr. Eri ckso n said the pro blem is thal th e re nexol ogy tea chers that she studied under are not S1atc accredited fo r
massage th era py. beca use. again , they are two separate types of body work . So. eve n if the reflex ology th at she docs
fit s in th e defin iti on, ~he would still huvc to find acc redited teachers thnt arc Sta te accredi ted . -r he Stale doe~ not
accredit refl exology l'!achers ... th e StatL accredi ts mas sage th era pi sts .
Ms. Barre nti ne sai1 so acc redit ed re fl e>.ology teacher s do not exi st'! Mr . Erick.~on said exa ctl y ... S1:11e accredited . They
arc acc redited from th e sc t>ools th al th ey te ac h fo r and th e rypc of ren exo logy th a1 th ey do. but th ey are nm recog ni zed
by th e S1a1e as massage therap ist teachers.
Mr . Woodw:i rd sai1 so yo u are comi ng to us to be in comp liance. not because th ere was a co mplai nl filed or so mebody
ha!i come to yo u and sa id yo u y,ere not li ce nsed or anythin g lik e that? Mr . Erickson sa id no ... actuall y.!'.-: had an
incid ent w· .h a cus tomer who was no t happy with her. The custo mer co ntacted. I be lieve. it was li censing. a dc1ec ti ve
came out and talked to Ms . Friend and told her she was not in comp lia nce . Mr. Wood ward sa id ok . Mr. Erick.'iO n
said so the n she stancd the process to become li censed. Mr . Woodward said okay and appro xim ately . duri ng a week or
a month , how many cli ents do yo u have? Ms. Friend sa id I ge nerall y sec betwee n 15 and 25 people a wee ..:. Mr.
Woodwa rd said oka y.
Ms. Barrentine said ma y I as k what th e nature of th e cotrn laint was ? Ms. Friend said she told me I ha d made her sic k
and she waited fo ur month !! bi::fo re sh.: came in . Ms. Brad shaw said thal 's co nfiden1 ia lity. is it ? Ms. Fr iend sai d well it
may be . Mr. Erickson no, as long as th e name is not disc losed .
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Seth Minnick said I own Hawthorne Bo tan ical Co mpan y and Shirl ey has been rent:ng space fr om me . The woman in •
que~tion had call ed me ... nfter seve ra l times o,• the phone ... l fin all y re ac hed this wo man on the rhone aml to be rea l
honest. I did n't know what she was upset abo ut . beca use at one point in the co m·ersation it was part of my staff and it
so n of ki nd of fihered through .
Ms. Barren tin e said how man y co mp lai nts have you had regardi ng her bu siness? M~. Minnick said one. j ust the one.
and Sh irl ey has been wi1h me fo r three ye ars now and I've ne ve r had a co mp la1 .. 1. .. onl y wo nderfu l kud os. Mr .
Woodward said but yo u ha ve worked si,., and a half yea rs in Englewood?
Mr. Erickson said yes, that is nght. lf l may i!lterrupt wi 1h a pe rsonal note. my wife ha s see n Shir ley fo r 1wo years and
my wife suffe rs from dail y mi grai nes . She has been in the hos pital a number of ti mes because of them. Sin ce she has
started wi th Shirle y, and my wife has se en many massage the rapi sts. but si nce she ha s seer: Shirl ey. she: is lhe only
p:rso n that has helped my wire wi th her mi grain~s.
Mr . Woodwa rd said so reflexol ogy is ma inl y work in g wi th pai n mana ~emenl. is th at co rrect'! Ms. Friend said it is gOOU
fo r man y things ... relaxa li on is anothrr impo PJnt piece nfrc nex ology .
Co unci i Member \Volosy n said I wnuld just like :-.o mc informuti on from suiff on what othe r muni cip:1liti cs. or the S1 :1tc
in ge nera l. docs wilh refl cxo lngy. Obvio usly. th ere arc 1cfl exn logi sts th ro ughoul the Stal<!. Tha t woul d he lp me .
Ma ybe th at cculd be a Co un ci l ~eo uest.
C ity Mana ger Scars said Fra nk •J ryg lcwit z 1s hen:.
Ms. Burren lin e sai d I agree . I would hkc so me add iti onal in for mu1io n. but I also wo uld not 1;kc tn )ICC u s try lu pus h
pcoplc ... pu t sq uare pegs into ro und hulr.s. If yo u reall y arc 1101 a massage therapi st. th en we nee d to tr y to sec how we
co ul d wo rk wi t'.1 th :1 1. with out ge llin g yo u li cense d in .;n additio nal pro fessio n. that you ha ve no int eres t and the n going
back and do in g reflexolog y. Because . ou r li l'c nse rea ll y :lncs n't cover th at \\'Jsn't intend ed to ... if that i s 1he case ... und
it is ju st ki nd of sillin ess . Sn. maybe there :ire a couple nf different ways we co uld look at thi s. out we t:r"lu ld ccn::inl y •
adjust it Ms. Fricn d said there are oth er type s of bod y \\ork 1h:a don't fa ll into thi s L'alegory and it \'.'nu ld be grea t for
th os,: pcllp lc if they ·1lll be il cem,cd .
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.Englewood City Council
Seplcmbcr 6, 200S
Puge 9
Mr . Brad shaw said I also think it was a broad brush 1ha1 we pa int ed when we had th e inundation or all 1hc mas sage
parl ors in Engl ewood in th e I 980's and 1hey we1c doin g oth er thin gs than ma ss ag e. So. we puintcd th is broad brush of
legisl tlli on and I think it is tim e 10 re visit that a nd loo k at it aga in .
Ms. Bo.m.:l'ltine said nobody co uld have kno wn . at that time . how popula r massage therap y and a lot of alternative
medicine . a1..11puncture and things. would bec ome . And th ey are. as I undcrsla nd. Thank s for th e in forma tio n.
Mr . Woodward s:iid do yo u have an orJ cr currcn1l y to s1op doing what yo u ure doing'! Mr . Eri ckso n said yes.
Ms. Br.:i.dshaw said so yo u ca nn ot work ? Mr . Erickso n sa id tho.l is co rrect If she works, she is in violalion or City
Code . Ms. Bradshaw said I think th at is un co nsc ionab le, you guys . I think we need to do so mething about th at.
Mr. Woodward sa id I would propose !h at until we have so me feedback from the Co uncil Request that we allow her to
continue wo rk ing at her orofo ss ion . Ms . Barrentine said I think that would bi.: a good compromi se.
Mayor Garrett said I think our City Attorne y wo uld like to comment.
Ass istant City Anorney Reid said the problem is that in our ordinances, we don't have any provi sions for waiv in g the
ordinance . We don't ha ve any provisions for temporary lice nsi ng of any son and any proposal . suc h as yo u have
suggested, wou ld have 10 be addressed in Council with an ordinance to make a special exception for thi s person to
excuse them from the requirements of th e ordinance , whic h everyone el se in the world is required 10 compl y with . So ,
it would be a special legislation for thi s partic ular person. which would have 10 go by ordinance . I wou ld like to note , as
pan of this. that thi s has been going on for owhile ... Ms. Friend first came t" 11 s seven years ago ... shc ha s had seven
yea rs so farto do this ... l'm not sure that two more mon ths is going 10 m"l .t i much difference about your conce rns.
And I understand yo ur concerns , but it is going to have to be addres.< Jour short tenn Council Request may be
able 10 be addressed as part of Iha!.
Director Gryglewici sai d I did provide Council with a chronology and background information . I think Ms. Friend first
applied se ven years ago and knew she co uldn 't compl y at thal time . We didn'I eve n know she existed o ul th ere until the
comp lainl came up.
Mr . Erick son said may I address that? Ms. Friend did not apply seve n years ago . She got information abou1 doing
busine ss in Englewood , did not feel that she fit the definiti on of a mas sage th era pi st. because she did not do massage
therapy work . she did not go to massage 1hernpy sc hoo l and none of her ini::tru •:1ors were ma ssage therapi sts. Like you
said . it was ~. square peg in a round hole situat ion. we be li eve. and until t. ... ti '."'ctive visited h~r. she did not beli eve that
she was doi ng ma ssage therapy work .
Ms. Barrentine said I ha ve 10 admit tha t. wr have had another case. at least sin ce I've been here, th :1t was address ing thi s
and was not wanting to be inc luded . If there is a definiti on concern and she do csn ·1 fit . as a rell exo log is t. int o what we
arc doing , lhen she wo uld11 '1 need 10 be in comp liance. So. I'm not quite sure th :n we don't ha ve som e o ther opti ons tu
take a loo k 111 it.
Mayor Garren said 1 th ink we looked at th e State standard as so mc1hing we can loo k to. 10 say loo k, this is how we
know somebody ha s done wha t the y need to do in order 10 do :i ce rtain 1ype of ,.1rofession. We ha ve evolved ... ( don't
know whether Stalute s. or wha tever , define what edu ca ti onal requ irements are needed to perform thi s se rvice and the
1ypc ol thi ngs yo u hav e 10 do. ve rsus acupuncture and so me oth i.:r thin gs, and 1ha1 is just so me1hi ng I think we have 10
expl ore .
Ms. Barrentine said no. nnd I totall y atree after having set on th e State Licen sing. I tota lly agree with you. but since
what we arc (]UCstio nin g is whe th er she even falls within the definiti on or not and so mt:bod y who has been doing
busine ss in th e City fo r as lor.g a.'i she has ... t·m not so sure that we need all that proc :ss in orde r 10 all ow her 10
continue to do bu sine ss, whil e we decide wheth er sh e e ve n fall s wi thin the dcfi 111ti on.
Ass islanl Ci ty Allorney Rei d sa id the hce nsin g offic er has mad e lhc detcrmm:ui un th at she fall s within the defi niti on
a nd as Be v said ea rli er. it is a prett y bro ad defini tion. Bui that g.rts Lack 10 . I am sure. 1!:.1: we wi ll be ab le 1n give yo u
th e inform ati on as a re sult oi th e short term reque st.
Englewood Cily Council
September 6, 2005
Pugc 10
Ms. Brad shaw said so wha t yo u are say ing is th at. le ga ll y. we cannot all ow her to wmk. Ms. Reid said yo u cunno t
wa ive the requirement s of the licensing ordinance wi1hou1 an ordi nance . Ms. Brad sha w said we ll two months is a 10 1
belier than six month s as far as son,cbody's emplo yment. but...bcc.1 usc I wa s read y to move 10 suspend th e
rcquircmcn1s ... l can move it. but ii wo n't do any good '! Ms. Reid said I would not re co mm end ii. as yo ur legal co unse l.
because it is no t th e way yo u make exceptions to th e ordinances. In ord er to chan ge an ordinance yo u have to do it by
le gislation .
Ms. Barrentine sa id I am not talki ng about changing th e ordina~cc I am ta lkin g abou t deciding whcl her somebody fi1 s
withi n an ordinance that we 've alread y gm. whi ch is in question . While I und erstand that th e li ce nsing officer made a
determination at lh .Jt time. it obviously wasn't something that they had gone out and determi ned withi n all th111 pc 1·iod
either . So. it is up 10 us 10 co me up wi th those definit io ns as to whether so mebod y fa ll s wi thin that as well and wha t we
meant by the ordinan ce .
Mayor Garrell said let me ask a qu esti on. If th e licensing officer makes a decisio n, what is the next appeal righl 'lf a
pe rso n wh o has been denied a license? Ms. Reid said I am nm up on that ri gh t now ... Mr. Gryglewiczdo yo u knm, th..t ?
Sh e said I cn n loo k it up . It will lak e me abolll fi 'le mi nutes. Mr . Gryglewicz. sa id my 1.mderstanding of renexo log v is it
fell within the definition of th e massage th erapist und she did no1 have the required 500 hours and the ccnifica te . She
was denied th e li ce nse and we use that to protect the pub lic . So we arc fairly strict about it, because there ha; been a
hi story of abuses of people doi ng massage. They. at time s, were doing oth er things, so we arc fairly strict on it. I think
ii has served the City well . We haven't had a lot of problems here, because we arc ver y stri ct
Ms. Barrentine sa id well Frank, in all fairne ss and it ha s been mentioned several times in beating around th e bush, that
the ordinance wasn 't origin all y pu t in to mak e sure th at we had the absolute high est quality massage therapists ava ila ble
in the City. It was to make sure that we didn 't ha ve peop le sleeping with their clie nts fo r money. So I think that that is
pan of what we were ..
Mr . Gryglcwicz said actua lly we wanted to make sur.: that they had so me form of qualificati on and the qualificati ons we
have are not super rigid. I mean the y require a cenificatc and 500 hours of classroom instruction. and we have
insurance requirement s and some of th e other iss ues that, I think have as l said, served the City we ll.
Ms. Barrentine ~aid we ha ve different insurance requirement s for ma ssage therapists ? Mr . Gryglewicz said yes. we
ha ve insurance requirements for ma ss age therapi sts. Ms. Barrentin e said different than what we ha\'C fo r business
o,,:~ .. rs? Mr . Grygl ewicz said we don't ha ve any in particula r for busine ss ow ners.
Mr . Erick so n said if I may say. the insurance re quirement is a ge neral li abi lit y policy of at least $1,000.000.00 .
Ms. Re id sa id if I may .. .5-1-9 D -Prov id es fo r an Appeal : .. Any li cense holder aggrieved by a fin al dec ision of a
Li ce nsing Offo:er sha ll hav e the right to appeal 10 an independem hearing officer appointed by 1he City . A wrillen
appea l musl be filed with !he Cit y Manager within ten ( 10) da ys of the final decision by 1he Licensing Officer:· She
said I don't know when yo ur fina l c!.:1..ision was Frank .
Ms. Brad shaw said but she is not a lice ... e holder. ,-.'h . Reid said that is tru e ... th at is a Food point. but th ere is no other
determinati on that I can find right off abou t what happen s if yo u den y th e li cense .
Ms. Barrentine sa id I dun ·1 want to sk irt the law and I know that she docs n·1 ei ther . I ;.1 lso foc i just abso lutel y hear t sick
10 fo rce ~om c:hody 11110 a po~i1ion whe re !h ey have gul lu go lo school and not wnrl,,, dur111!! th at pcmxl uf 1ime.
Co uncil Member Wolosyn said I think if we look an d fi nd out what other places do in re ga rd 10 rcn cxo lugy. we ma y be;
ublc to mm•c thi s alo ng more quickl y.
Ms. Brad shaw said that is what I said e.irlier. .. thal 1,,u month s of ord in ance umc. 60 da ys. is~:::. ~.·n •••·•, than 180
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days. but ii s1ill 1~n·1 accompli shing what my i;ua l wa s. •
Ma yor Ga rren asked if there were any more cu mmcnt!',,,
Cu uncil Mem be r M1x1re ~:11d l!vc n 1f we proceed 10 rcv 1e\\ our ddi111t1un uf massag e the rap y :ind how broad 11 1s. th at
11sc lf tak es tun e. so 1 gucs~ I wi ll put 111 1 1h •· 1able th e quickl!SI. fr om wha1 I am hcnnng . 1he absolu te qu ickes t way for
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,E nglc"'ood Cily Council
September 61 200 5
Pnge 11
her 10 con tinue in bu sinc s~. 1s stil l proc eeding wi th an o rdi nance ... bas1c all y an ord in ance t hat £ra nts an excepti on.
beca use eve ry \lt hcr palh , incl udi ng redoing uu r defin iti on. takes more tim e.
Ms. Bradshaw said it took us I 8 mon th s 10 put lhe current mas sage iss ue ... th at whole 1111 c, in place . It too k 18 mo nt hs
when we did it th e fir s1 tim e and \hat wa s a broa d brush. I thi nk it need s to be cha nged . I th in'· it nccd s j udidous stud y.
Mr . Moore said can we do an ordi nance tha t gra nt s us so me disc reti onary authorit y on a tempo rar y ba sis. so th at it is ,mt
thi s one case'! I mea n. if we wa nt to loo k at three or fo ur of th ese. as needed, we wo ul d have th e op ti on to do it .
Ms . Barren tine sa id so we co uld do so methin g. as 1hese come up , and I know ce rtainl y when I so t on 1he Nursin g Boa rd
th ere were a 101 of peop le who fell th at they were n't invo lved in 1hat li ce nsin g, so I und erstand what you are talkin g
about with this. so we co uld give th em so me pe ri od of time until that decision is made . Isn't there any ve hicl e that we
co uld use fo r th a17 Ms. Reid said not at thi s lime.
Coun cil Member Tomasso sa id what happens is, if yo u appl y fo r a li cense and yo u are denied the li ce nse. th ere is no
appeal process '! Ms. Reid sai d I would have to do so me researc h, but my gut reac ti on wo uld be that thi s appeal would
be fo r someo ne wh o is denied a final decision by the Li cen si ng Offi ci al and hi s final deci sion was th at she di dn't have a
li ce nse and she didn 't qu ali fy to get a li cense ... 1ha1 she didn 't ha ve the ... ducat io n or th e oth er requ irem ents 10 get a
li cense. So I wo uld say that th at applies to her as pan of th e a ppeal proc ess ... lh at th at wo uld ·Jppl y to her, but I have not
done th e research on it. And thi s has not co me up be fo re .
Mr. Moore said if I ma y ad d, th e problem here is not th at there is an appeal. The lnw is doi ng exactl y what ii was
int ended to do. I am hard pre ssed to be lieve tha t yo u ca n read thi s defin iti on and ever co nclude that thi s is pe rm iss ibl e.
Th is was a broa d stroke and it did it s job. So sett ing th e appeal s proc ess here i'-n'I go ing to help us. We, th e Council ,
wrote it to preve nt th is .
Ms. Barrent ine said but in all fairne ss it fit s under there . I just had my nail s done and what th ey did , whe n 1hey put
lotion on my hand s. they rubbed my arms and stuff. and th at fi ts under that definit io n as well . So, I think, depending on
the time and circumstances when people go in there , they ca n interpret i1 how th ey want Mr . Moo re sa id finge rna il s :i re
not so ft 1iss ue, I don't th ink . Ms. Barrentine sa id no, bu1 my hands, th ey aren't rea l so f1 becau se I ha ve worked out and
when I had a ped ic ure. th ey still ma ssaged part or my legs and my feel. Wh en th ey did all thal stu ff and I read that
definit ion .. .i i fi1 s wi1hin there and th ey di d a rea ll y good job.
Mr . Er ickso n sa id th ere is a part of th e ord in ance th at stat es there are so me exce pt io ns and I be li eve a cos metolog ist is
includ ed in that. so th ere we re ce rt ai n profess ions that th e Cou nc il un ders tood did massage as part of th ei r
scrv icc ... hairdres scrs. cos metologis ts. and tra iners fo r pro ress iona l 1eam s. So th ere we re some except ions m1.1d e.
Mr. !rickso n said . tec hni ca ll y, if yn u read the law . ii say s you arc no1 all owed to perfo rm :1 ma ssage . I ca n·1 go home
and give my wife a n•1ssage, tech nic:tl ly , that is whal !he law say s. It doc sn'1 say for money . h says mas sage .
Mayo r Garrett asked if th ere wa s anyth111g el se.
Ms. Brads haw said I wa nt 10 hea r more about where Mr. Moore wa s headed . Or do we wan t It) ge t in th e business of
makin g ex cept ions? Thul is ano ther thing fo r a Counci l 10 loo k at.
Mr. Moore sai d I would li ke 10 suggest ... you co ul d relate thi s 10 more ur a mo rato rium co ntex t. Part or thi s is lels buy
us some tim e ... the fir st step is 10 bu y us so me time to study the iss ue. The seco nd slep is probab ly. in my mind. :1
::olu1 io n tha: eith er trie s to mode rni ze 1hc defi niti on a liul e bu or ma ybe buil ds in a liule more ad mini stra ti ve process
tha l has so me ll cxi bilily, but I dun'1 think we can do 11 as one step unl ess we are will ing to ta ke th e tim e 10 do it.
Mayor Garrell said we ll our Stud y Se ss ion on Se ptem be r 19th is to di sc uss pro posed code ch.1 11 gcs fo r misce ll ane ous
li censes. Wou ld 1ha1 be appro pri ate. maybe '!
Mr . Moore said wha l is 1hc quicke st we can ge t lh is un :1 Co unc il age nda if we ch ose 10? Mr. Ga rre ll said Se plembcr
19th would be the firs 1 ti me we cou ld pass an ythi nr . Mr . Moo re said so wha1 do we need ... fo r posting rcq uirc mcn1 s nr
anythi ng lik e that? Mr . Garre tt sa id I th ink Council. at lea st fro m my perspec tive. would like In have the in fo rmat ion
Eng lewood Ci ty Co uncil
Se ptember 6, 2005
Pnge 12
that Co unc il has rC()Ue s1ed, parti cul arl y wh:11 ot her jurisdi ction s in th e area do. so th at wo uld depend on how qui ckl y
slaff cou ld pull th at 1n formuti on, wheth er th ey cou ld mak e it rur thi s Thursdays pm.:kc t or not .
Ms. Brad shaw sa id yo u know thi s mi ght be th e on ly City 1ha1 this iss ue ha s co me up in .
Mr . Moore sa id in fac t. maybe to th e ex tenl 1hat th ere is additio nal mformati on that you ca n help us wi th in terms of
so me of your co nnecti ons abo ut how other pra c1i1i oners have dealt wi th th ese prob lems, th.it wo uld ma ybe help speed
th e process. Mr . Erickson sai d ab solutel y.
Mayor Garren sa id if possible. whatever information you ha ve. if yo u cou ld have it by Wednesday at cl ose of bu siness
tu th e Cit y Mana ger's Offi ce, beca use we have packe t,; 1ha1 go ou1 every Thursday. He sa id , un fo rtunatel y. th at is
tomorrow. So rry , we wou ld like 10 be as qu ick as we ca n. Mr. Erickson said lh at is fin e. we will ge1 yo u as much
information as we ca n. Mr . Garrett sa id thank you very much.
Ms . Banent inc said I am go ing to have to fo ll ow my hear t and I um go ing 10 go ahea d and make a mo ti o n.
CO UNCIL MEMBER BARRENTINE MOVED , AND IT WAS SECONDED, TO EXEMPT REFLEXOLOGY
AND PUT A MORA TORIUM ON THAT PIECE UNTIL WE COME UP WITH A DEFINITION OF
WHETHER THAT FITS UNDER THE MASSAGE ORDINANC E OR NOT.
Ma yor Garrett asked if there was any di si. ,1ssion .
Mr . \1oore sai d I don't know how I ca n proc eed 10 a vo te when I have been told th at it is not a lega l moti on. So I don'I
even know how to vo te yes or no on th at.
Cou ncil Member Wolosy n sa id I would lik e to add that we do ha ve a fr iendly agreement that if wc arc going 10 hu vc
so mething that is a difficult deci sio n. chat wc put it on the agend a.
Mr . Moore sa id in res pel., 10 1his case. thi s is something, I think mosl of us. if not all, would like to address prom ptl y. so
I don't mind lhc que stio n. I just. litera ll y. don I kn ow how to be put in a pos iti on of v ltin g on so methi ng tha t our Cit y
Attorn ey is telling u is not eve n an opt io n. That is my diffi cu ll y. I gue ss I co uld abs tain .
Ms. Barrentine sai d I have 10 ask her if she co uld pl ease verify wheth er that is lega l or no t or whet her she. I be li eve she
sa id. ii was against ht:r best ,1d visc . But I don't th ink it is somethin g th at is out of th e purview of Cou nc il a nd I do n't
think it is illegal.
Co unci l Member Toma so;n said the discu ssion that I had w11 h Dan las t week wa~ lh :1 1 what Ih a! wou ld do is it opens up
th e Ci ly to a poss ible l.iwsuit if any th ing wa s to ha ppen, bcc.iusc we had remove d th e law . And th at was Dan 's
co mm t:nt when I talke d to Dan last week .
Ms. Reid said th at is also if yo u di d an ordinan ce •o pul a morato rium on it. as we did !he moramrium on what ever we
did th e mora·or iu m on bcforc ... ca r dt:alcrs. And . Ms. Brad sha w sa id. 1he hous in g in no rth we st Englewood . But. M:,,.
Reid sa id . li is my op ini on that the onl y way 10 provi de an exccp 1ion to an ordi nan ce tha1 ex ists is to pa ss another
ordinan c1· doing th at excepti on rather than a moti on.
Ms. Barrentin e said I un dcr siand 1hat. My argumenl is 1ha1 we ha ve no ordi nance covering rcncxolugy :.rnd that she
do1.:s n'1 fil unde r th e ordina m:t:, S\, un1i l we fi nd oul wheth er she fit s un der the ordi nance. !hat we at leas t all ow 1hc
wom:u1 10 do bu si ness .
Mayor Ga rrell s:i id we ha ve a nml ion. we huvc a seco nd and so me or us arr conce rn ed about how we do th is . Fur thust:
members wo ul d yo u recommend voting no or to ab stai n'! Ms. Reid said I \.. uld r .:i.:ommend a no vo te.
Co uncil Member Wolosy n said I would li ke IO c:tll my vmc . I am ~o ing 10 vote no . I think th is is so methin g lhat can be
worked out. bul as Counci l members arc poliC)• maker:,, or l:i w makers and we have 10 be respectab le of law s and I d1111·1
foci. as Jo hn say!<.. th at I h.ive the infunmui on 10 make :i dcc.-1s1011 :ind :,,hnrl nf .tbstainin g. I wi ll h:1vc 10 vote no.
Mr . Moure said lik ewise. a:,, much a!<. I would like lo addrcMi th e !l ituatmn. I have 10 fo ll ow !he ad vice and vmc no.
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.E ngl ewood C ity Council
September 6, 2005
Page 13
Ms . Brads haw sai d I was on the Co uncil when we passed 1hnt in th e l980'L .. thc ordi nanv : agai nst massage parlori:.
beca use we wt rc bei ng inund ated wit h th em. We were be ing inundated wi th book stcres . We wo uld ~:i.vc hr.uings
wi th three or fo ur hu nd red peo pl e co mi ng down te llin g us whal a gW -:~::--.c 11sc th ese diffcren1 peopl e were. I kn ow
th nt I did not eve n think of rc nexol o£y. T hal wus n't part of it.
Mayor Garrell said clea rl y the defi nit io n include s it. which mea ns to me . fr c m a legisl:it ivc perspec11vc. th at we have 10
dcu l wi th th at iss ue and we should look at it in a very though1 ful way, bu1 as quick ly as po ss ibl e. I am j ust reluc 111nt to
so rt of create blanke t exceptio ns.
Ms. Barrenti ne sai d I do wan t to say , I th in k th at th ere arc times when the Cit y need:; to step in ... not to rmke a dcci.s ion
on thi s, beca use I do n't fee l th at I am maki ng a decis ion. I thin k that I am jusl vo tin u t..i ::t ll ow ~)lt1e bt>dy 10 conti nue
doi ng so mething that th ey have done for all th is pe riod of time ... th at th e Ci ty's ch.inge incl ud U this busi nc:.s in there.
th e li cense and defin ition of what yo u do. to at least all ow you 10 be abl e to fu nctio ri and cam a li vi nr. unti l we do th is
and I hope we do it in a tim ely ma nn er. But I am not mak in g a decisi on on it, I am j ust wa nti ng yo u to be abl e to
continue doin g busi ness until we do dec ide .
Ma yor Garrett asked if th ere were any oth er com me nts.
Co uncil Member Tomasso sai d I have been lobbied by several other busi ncssc.,;; 10 s uppon Shi rl ey and , ;·ee l th at havi ng
her train for an occ upat ion that she is not invo lved in. and to get a lice nse in that occ upati on. is a questior.a ble standard .
And I fee l that we have so meo ne that has been in busi ness in the Ci ty fo r seve n yea rs a nd th e Ci ty has j u st a,~uvcred
her doin g bu sines s in the Cit y, I th ink it is a probl em that the Ci ty has created by not discove rin g who is doin g business
in the Ci ty ... what is going on in the City. It tukcs seve n years to find a busi ness th at is located on Broadway . I th ink
th ere is a pro bl em th ere ... 1hat part of th e responsib ilit y is th e City 's ... as th e City has not di sco vered wha t is goi ng on .
Mr . Moo re said if I may ask, does th at mea n yo u are go ing to vote yes? Mr . To masso sai d yes , I am goi ng to vo1e yes.
Mr . Moore sa id if I may interject. what was th e oa 1h I 1oo k wh en I en tered offi ce ... loose ly, to uphold th e laws ,:,f 1he
Cit y? I don't have a choice on interpreta ti on in th is matte r and if we, as Co unci l. in th e majori ty, vote yes, we are not
fo ll owi ng the law making process . If. ass uming I ca n rely on the de fin ition prov ided by Fra nk . massage is any methcxl
of pressure on or fri cti on aga ins t. or stro kin g. kneading, ru bbing , tappi ng, po und ing or whatever on th e ex• rna l soft
ti ss ue of the body with th e hands ... th is is an ordinance. I ha ve control over my vo te. I don't think we haiv.. a choice on
how to vote on th is . This is our ord inance . I agree we ca n talk abo ut cha ngi ng th is ord inance, but the mot ion on the
tab le is to igno re. in effec 1. 10 ignore the structure that we ope rate wi rhi n. I welc ome the Ass is tant Ci1 y Anomey to 1ell
me I am wrong. but I fee l like she is telli ng me exac tl y that. I don 't ,,.-vc an option to press that ye s butt on. It's got
nothin g to do with how I feel abo ut thi s.
MS.BARR EN TIN E SAID I WO ULD LIKETO RESTATE MY MOTIO N, AS IT IS NOT THAT WE IG NOR E
TH E ORDI NAN CE, BUT THAT SHE DOESN'T FALL UN DER IT .
Ma yo r Ga rrett said we have a moti on and seco nd. Are th ere any oth er commen ts before we vo te'! Th ere we re none.
Vo le rcsulls:
Ayes: Council Members Barrent ine , Brad sh aw . Toma sso
Nay!>: Co unc il Membe rs Moore . Garrett. Wo losyn. Woodward
Mn uon defea ted .
Ma yo r Ga rre ll said tha nk you very much . We arc go in g 10 continue 10 ex plore thi s iss ue . as we have all said we arc
go in g to do .
Ms. Friend said ca n we go back to my origina l qut.:stio n. to ge t a reso lu tion pa ssed giving me so me time 10 get · 500
hours. Mayor Ga rr ett said th at is so meth in g we would need 10 do by ordi nance and we arc goi ng 10 be di sc uss ing th:11.
Hopefu ll y, we will gel some informulilln from you and what other co mmun ities are doing so we ca n better understand
from th is poi nt on and ii will be ta lked abo ut ei ther next Monday or at least in two weeks .
Englewood City Cou ncil
September 61 2005
Poge 14
Ms. Fri end said dor s 1h:11 mean that I ca n't wu rk ? Mayo r Ga rrett suid do it at the ri sk or not bein g in co mplia nce with
the ordin ance.
(ii ) Co 1mcil Member Moo re sa id I ha ve one questi on. There wa s a fir e thi s weekend at a house
near Floyd an d R1ce . l would li ke 10 see if I could find out about respo nse lime and 1hen actually fo ll ow up on a point
that I think Be v rai sed 1ecently . Whi ch. in li gh1 or th at response, I wou ld like just a liule info rm al ion ab out th e
adeq uacy of fir e coverage iil th:tl porti on or the Cit y. I presume we ha ve studies that supporl that we don't need a
slat ion ove r there, but I wo ul d lik e to sec so me of tha t in fo rm ation. pan ic ul ar ly in li ght of !h e Denv er Se mi nary
De ve lopment and th e addition or all 1hose bod ies .
(ii i) Co un ci l Member Brad shaw said I want 10 thunk Da ve Henderso n. We we nt out and loo ked
at th e Wolf Ca mera, because we are wo rkin g on th e trail. Da ve Hende rson and Larry Nimmo met me out th ere to try to
figur e out how •ve c11 n co nstru ct th e bike trail 10 get it und er Broadwa y, so there is a safo cross in g th ere instead of
hav ing peop le co me up to street level. Those guys were extrem ely respons ive and we arc still foll ow ing up on th e big
mtcti ng that we had abou1 the properties th at arc caus ing a pro bl em with th e South Suburban Park Found ati on. so we
arc still pursuing those . But , wh ile we were doing thnt . there were so me weed s plnntcd ... not weeds, th ey were
volunteer treu,. elm rrces, tho.I were co min g up th ro ugh the fen ce and they were pushin g people off 1he s id ewa lk and ou1
on to Broadway . Dave sai d he would get 1hosc trimmed and I went by lh at afternoo n and they were gone . So th e
prompt respo nse on t11e pan '>r' Dave Henderso n and Pu blic Works on trimming th ose vol unteeri ng trees was incredible .
So , th e City ca n work fa st. So just tell those guy s thanks.
(iv ) Coun cil Membe r Tomasso said I wo uld lik e to th ank th e Ci1 y fo r pullin g on a wonderful
FunFcst. It was a wonderfut day and we had the opponunity tr, wa tch th e race 1hc KEB put on . It was a reall y fun
event. It wa s a really nice day . Thank you.
(v) Counci l Memhcr Woodward :
1. He so.id I want to second what Bev was talkin g about with Public Works . My experie nce with them is their
response time is immediate and they usually ge t thi ngs done in a ve ry sa ti sfa ctory manner . I really appreciate it and I
think ci ti ze ns app rec iate it 3li;o .
2. He sa id the a t ... ~, thin g th at I would j ust like to menti on wa s FunFest was fun up un1i l abo ut 3 o'clock when th e
rain start ed com in g ano the peo pl e star1 cd leavin g. Thank yo u.
(vi) Co un ci l Member Wolosy n:
I. She sa id I wo uld lik e to th ank Kieth Lockwood and the Fire Depa rtm en1 fo r co min g and he lp ing at th e 5K
Race. As I und crs lan d it. Am l,ony. :u the las t minut e, had 10 get so meo ne th ere for po tential fir s! aid and the)' were
there imm edia tely. I could !ell th at the children there enjoyed talki ng 10 them and seeing the truck up cl ose and 1hcir
very wa rm prese nce, so thank s 10 th em.
2. She said I wa~· at a mec tin i; la st we ek. and a ci tizen who li ves by Bate s Logan Park ca me up and asked me .
what arc you guys going to do abo ut 1he fircw urk s ne xt year . ll was un be ara ble th is year . And we had disc ussed.
loose ly. ri ght after Jul y 41h. ma ybe h:wing a bi g fine and I think 1ha 1 we need 10 do so mc1h in g like tha 1. Howe,·e r. is th at
wha1 we do or somet hing th e judge does'! Fireworks are ille ga l and ca n Co un ci l say we wa nt to have a$ 1.000.00 fin e
like Centenni al does'! I th ink ii would help and I thin k that we should pur sue th a1.
Assi stant Ci ty Attorney Reid sa id yo u can chan ge 1he ordi nance 10 adct re· that. The jud ge normall y se ts th e fi ne on
th ose th at don't ha ve it li sted . You cou ld do a fi ne s1ructurc . Ca 1chmg 1 , n. I understand. at least in my neig hbor hood ,
see ms 10 be 1he major problem.
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Ms. Wolosy n sa id we ll I understan d. but I also think !hut if one pe rso n • .s a $1.000.00 fine 1hc wu rd 1ravr.ls and 1 •
know the 4•h of Jul y is alwa ys a hanJ nigh1 fo r everyone. Even the pe r. who talked 10 me spo ke highl y of the po li ce.
hut I thin k we du need lo have so mething stro nge r. I am ope n for co rr 1ent s.
Ms. Reid sa id th ere muy alrcn dy be a fi ne stru cture for th at. .for li d :c1 •,. I nm nol sure wh111 th ere is. but I wi ll check
in1 0 it.
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,Englewood City Council
September 6, 2005
Page 15
Council Member Brad shaw said my conce rn is nol firecrack crs ... lhcsc are roma n ca ndles. 8 inch things tha1 are
shooting up in 1hc air and wi th th e fire , that is what co ncerns me ... wi th th e weeds and things like we have along the Bi g
Ory Creek . We had people so uth of the Creek shoo ting stuff in10 the weeds and we were hav ing 10 put them o u1 from
our side . h was absolu tel y ridic ulous.
Ms . Wolosyn said I do think the year of the drought , when we put out word in the Citizen that yo u can '1 do it and it is
dangerou s ... well mo ybe if I here were words, you can't do it or you wi ll ge t• big fine . Ma ybe peop le wi ll listen .
Ms. Brad shaw said I will give yo u so me addresses to check on.
Council Member Woodward sai d I th ink the other problem was, it wasn 't just the 4111 of July or that week , it went on all
through Jul y and into August. Ms. Bradshaw said it is stilJ going on in my bloc k.
Mayor Garrett sai d l think you arc lri0king fo r a recommendati on from Safety Services on enforceability and whether
they believe a fine structure would i:ave an impact Ms . Wolosyn said I would like to have a fine structure. Ms .
Brad:;haw sa id or after a cenain time .
13. City Manager's Report
City Manager Scars did not ha ve any matters 10 bring before Council.
14. City Allorney's Report
Assistant City Attorney Reid did not have any matters to bring before Counc il.
15 . Adjournment