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HomeMy WebLinkAbout2005-09-19 (Regular) Meeting Minutes• •• I. Call lo Ordei ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Session September 19, 2005 The egular meeting of the Eng lewood City Counci l wns ca lled to order by Mayor Garren at 7:35 p.m. 2. Invocation The inv ocation was given by Council Member Barrentin1,,.. 3. Pledge ol Allegiance The Pledge of Allegiance was led by Mayor Garrell. 4. Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, GWTell, Bradshaw, Wolosyn, Woodward None City Manager Sears Ci1y Attorney Broizman Assis1an1 Cily Manager Flaherty Ci1y Clerk Elli s Depuly Ci1y Clerk Bush Director Olson, Safety Services Assistant City Attorney Reid Director Fonda, Utilities Uirector Gryglewicz, Finance and Administrative Servi ces Director Kahm, Publi c Works Police Co mm ander Sanchez, Safety Services Fire Battalion Chi ef Fox, Safe ty Se rvices Operations Superintendent McCormi ck, Utilities 5. Consideration or Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTE'S OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 6, 2005. Mayor Garrett said in front of us we ha ve a correction to page 13 "Vole results sho uld read mo1 ion defeated'' and I believe we have so me other corrcr.tions. Counci l Member Moore said on that sa me page it says I said "to loose ly uphold the la ws of the City." I don't know exactly what I said, but I meant to flip those words ... ( was loosely try ing to recall our oath . So, if 1 could just get that flipped to maybe "loosely, to uphold the laws of the City?" ... that may bette r refl ect my intenti ons. • Mayor Garrett asked if there were any other corrections . There were none . Vote results: Ayes : Counci l Members Barrentine, Moore, Bradshaw, Garren , Wolosyn, Engl ewood City Counril September 19, 200S Page 2 Woodward. Tomasso Nays : None Mo 1ion ca rried . Minu tes approved as correc 1ed . 6. Re cog nition of Sc heduled Public Comr.1ent (a) Chri s Hilton, Stu den t Gove rnm ent Rep rcsen1111ive. and Todd Wynne , Ass istant Principa l und Acti vities Coo rdin ator. were presen t to discuss the Englewood High Sc hoo l Homeco min g Parade Mr. Wynn e sai d Ch ri s will be passi ng ou t so mething I have prepared for you lh at is a map of 1he homecoming ro ute . We are here, ba sica lly, to 1hank yo u for yo ur co ntinu ed suppon of 1he Englewood High Schoo l Homecom in g Parade . We are the onl y traditi onal hi gh sc hoo l in the area and thi s homecom ing C\'Cnl ha s been goi ng on fo r a lo ng lime . We know there arc budge t cutbacks and all th at and I know it is e:<pensive 10 do this , bu t we wou ld like to 1h ank yo u for y~ur suppon in carryin g on thi s 1radi1ion. He sai d I am here if you have any que st ions for me. Counci l Member Brad shaw sa id I think it is a very worthwh ile thin g. Bein g :i n Engl , what year ... but , we had our 40th reunion. Mr . Wynne sai d I am new and I don't kn has go ne this route .... 30 plus years, I be lieve . Mayo r Garrett said thank yo u very much . We apprecia te your co min g and we " ill cnJ,. tlum myse lf .. .l wo n't 1cll you 11 number of yea.-c. the parade le. (b) Rac hel Lord . past pres ident an d member of Associa ted Refl cxologists of Co lora do, and Ad ri anne Fahe y. Ad ministra ti ve Secretary of American Reflexology Ce rtificati on Board , were prese nt to discws information provided by the Ameri ca n Refle xo logy Certifica ti on Board which se ts the nati onal sta nd ard s fo r Rcflexologi sts . Ms. Fahey sa id I :i m pas t presi dent and sec reUU'y of the Associated Refl e;.o log i~\.S of Co lorado and the c urrent Administrative Sec retary fo r the American Refl exology Cert ificati on Board . Ms . Lord sai d I gue ss I am goi ng 10 be the fir st speaker on reflex ology. I wo uld like to tell you a little bi 1 abo ut my background . I have been in 1hc medica l pro fe ssio n fo r ma ny, many years bot h in Western and Alternative medicine. I was an in1e mive ca re nurse at Swedish Medical Center fo r 15 year!I and now I have a holi stic he alth clini c O\'':"t on old Hampden . I pract kt.: ma ssage th erapy the re, refl exo logy . herbal medici·1c and I al so teach reflexo logy cla:;ses to prepare sludents fo r certification fr om the American Reflexology Certification Board . That Board is a Certification Board tha l sets the standards for educa ti on of refl exology in 1he cou nt ry . So . the rea l reason I am here is 10 talk about ... onc, the differe nce between reflexology and ma ssage therapy, so that yo u can understand that , and the seco nd reaso n, 1hat you have already all uded to, is the need for the exemp ti on or se para1ion of reflexo logy from the present ordinance 1ha1 is in place for m1ssagc thera py in the City. So that is the reaso n. Ju st so you understand wha t refl exo logy is ... rcflcxo logy is !he appl ica tion of pressure in a very specific way 10 the hand s, feet a nd external ca r. It is usua ll y done for 1he porpose of elic itin g 1he rclaxa 1ion response . The rel axa ti on response makes physio log ica l changes in 1hc body, whi ch all ow for hea ling to occ ur in th e perso n. So. i1 is a ve ry positive thin g. It is simpl er tha n ma ssage th erapy . II on !) requ ires th e remova l of yv ur ,;hoe~ and soc ks. And that is it. That is a good definiti on of it. So, we arc asking fo r an exempt ion of 1hat from the mass:igc ordin ance. There i 1 101 out th ere to back th at up . The America n Ma ssage Thernpy Association is one of th e main organiza1 ions fo r ma ssage ti. 1py in the co untr y :md they also strongly recommend that any State or mun ici palit y cons id eri ng licen sure. make renexo logy exe mpt fr om ii. Th ey have a model code proposal and it is ca lled Exe mpti on 3.05 and that says, "ask for exem pti on fo r persons who restric t th ei r manipulation of th e so ft tis sue of th e bod y. to th e hand, fee t or ears and do not hold the mselves ou t to be a ma ssage therapi st or do ma ssage therap y." So. that is pre uy much the defi nition uf what a reflexologis1 is. So. even 1hc Na ti onal Ma ssage orga ni za ti on is aski ng for a scpara li on and an understanding th at they arc not the sam e. Within the refle:<ology profe ss ion itsel f the re is rea ll y a hie rarchy of orga niza ti ons that work toget her and th ey go from a S1a1e, to a Nat iona l to an Internat ional level. On the Sta te leve l there is th e As socia ted Rencxologists of Co lorado, which I am a past president of and so is Adria nne . Th ey work along with the Na tiona l As soc iation. whic h is 1he Reflexolog y Associatio n of America. And be1wccn 1he two of th em, 1here is 11 lot of communi cat ion and an inte nti on to make the public more aware of refle xology, understood by peo ple and also to create 11 safe enviro nme nt fo r rcnexo log is1s to pra ctice in . There is an lnt ern31 iona l Associa ti on, as we ll , whi ch is ha ving an lntern a1iona l Convent ion in Amsterdam right now . as we speak. hcnex ology is very popu lar in other c·mntries and ii is 11 very we ll respec ted pro fe ss ion . There is also the America n Reflexo logy Ccrtific1nion Bo:i rd, whi,·h Adrianne is goi ng 10 1alk aboul . which sets the standard s fo r educati on. And 1hen the re is ano th er. ACARET. whi ch is ::.net her orga nizati on , thal even accredits it s sc hools a nd teache rs. So . yo u can sec that • • • • • • Engle wood City Council Se plcmber 19, 2005 Pogc 3 the professio n it se lf is rea ll y tryi ng 10 self-re gulate and make i i a respected profess ion in the communi ty and make it so thal people have safe prac1i ce ... 1ha1 they arc not h1 1rting anybody and the public is pro1cc1cd and yet rcncxologi sts. as we ll , f~cl that the y ca n pro·1dly practice whal they do . Ms. Adria nn e Fahey said tha nk you Rachel . There is just one th ing I want to comment abo ut wha t Rache l s~1id. she sa id that the American Reflexology Certifi cati on Board sets educat ional stand ard s ... wc do not. ACARET. which sta nd s for th e American Co mmi ssio n for the Acc reditation of Reflex olog y Educa ti on and Training, is the orga ni zation that has the mi ss ion of se ll ing the ed uca1ional srnndard li for reflexo logy. T he American Reflexology C,.:r1ifica 1ion Board is simpl y a n orga nization that was formed in 1.;9 1 and started 1esli ng in 1992 and the ir aim is to certify the compelency o freflexology practitioners. We ha\'e a test. .. the,e are three p1 ·:requisite s for lesting. Number o n! is th at an ind ividual be at least 18 years of age or o lder; number two, they have a high ~.:hool di ploma or the equiv alent and number three, th at the y have at least 110 hours of hands.an, in.class instructi on through cenificalio n, if ava il able. Now, most reputable re nexology schools have al le as t a 200 ho ur program of whi ch I 10 hours of that is hand s•on. in•, 1ss instructio n on re fl exology. She said I just wanted to 1ell yo u a little bit about the com parisons betwee n the massage na11o nal exam versus refl exology national exam. Ours is a three•pan examination. We have a written portion, compri~ed of 300 questions. whi c h are all multiple choice a nd/or lnlc/falsc. There is a practical ponion, which th e Nati onal Massage Therapy Association does no1 have ... they do not have a practlcal. .. we do. it is 1130 minute practical, whe re an individual is asked to work on a proctor's fee t. The y are asked 10 work speci fic refl ex point areas. T hey are asked general questi ons th at a fir st time ind ividual might ask o f a practitione r, when they first come fo r a refl exology scssion ... 1hey ask ge neral ques tions about th e reflexology fi e ld in general. And then , th ere is a doc um en1ed portion. whe re they have to go out and work on 30 people . three times each fo r a total of 90 sessions. They have to document those on ARCB forms accord ing to our standards. And, they have to pass all 1hree porti ons of thi s lest in order to be nati onall y certifi ed through ARCS . She said I also wo uld like to ta lk about some of the legal precedents. You received some handouts • rior to thi s meeting toni ght One was relative to the Henderson, Nev.1da Reflexology Code. There have been 32 states tnat have enacted statewide massage laws and of th ose slates, 8 of them have exemptions for re nexo logy fr om 1hose laws a nd th ere are actuall y two sta tes in the United States that ha ve se parate re fl exology laws ... lhey are North Dako1a and Tennessee . Tennessee is more of a regis trati on license, but North Dakota has it s own educntional stand ards, requirements and that so n of thing. Munici palities and counties arc also exempting refle xo logy fr om the ma ssage law. San Diego, California is one and Gwinnell County, Georgia is another. So, some are establishing se parate ordinances and some arc exe mpting refl exolog y from th e massage law. So, we arc respectfully reques ting either an exemption or, as you nolcd in yo ur di scussion group, a separate ord inance for re fle xo logy, because it reall y is diffcrem fro m massage. We are also requestin g thi s. because it is o ne of the safest modalities ou1 th ere. I did talk with th e Associated Body Work and Ma ssage Profe ssionals in Evergreen. They provide liability ins urance to body wo rke rs. The ABMP, as th ey are known, and the IM A Group, are th e two le ading li abil ity insurers. insuring a IOI of th ese di fferen t body work modalities. I happened to talk 10 them the othe r day and I asked th em if 1hcy had had a ny claims against any re nexolog is1s. Debbie, in th e in s urance departme nt over there. said that i11 the two years she has been wo rki ng there, she has never hea rd o f anyo ne who has filed a liabi lit y claim agai nst a re 0exologist. So. for those re asons. we either wou ld respec tfull y reques1 an exemption or, if yo u sec li t. to have a separate ordinance fo r refl exology. \Ve lhank you \'c ry much fo r your time and all e ntion. Mayor Garren s;1id th ank you ve ry much . He sa id as yo u .,robably heard at our Study Session, we are havi ng th e finan ce group look at a se paration betwee n massage therapy an d reflexo logy. so 1ha1 wi ll be ongoin g. We wi ll ha ve a fair ly rea ,o nab lc turn mo ,d on 1hn1. 7. Recognition of Unscheduled Public Comment (a) Zachary Brinke rh off said I am a re fl exologist. tha 1 is one who s1udies th e refl exes. A re0exologist performs renc xoc ure ... simil ar to pedicure. The word c ure comes from the Latin word cura ... it means to care fo r. A pedicurist cares for the feet and a rc 0exologist cares for th e renc;(eS and wha t effect they might have on th e body ... si milar 10 acupunc tu re. o nly we don't use needles. So, if Lhal he lps you to understand what we arc talk ing about tonight. .. hallelujah. I come as a Di rec tor or studi es of the Modern lnstilute or Reflexo logy. It turned om. aft er the fact ... and I o bserved the out come of 1he trial I wen t th rough in the State of Colorndo ... that we were th e fir st school o r reflexology to beco me State a ppro ved and regul ated un der private occ upational sc hools. So, it was sort of an honor a nd oth e, -:c hools ha\'C fo llowed in our stead , The United S1a1cs Department or Ed ucation told me that when we get 10 sc hools of rcfli.. ok :v across •nc nation, th e U.S. Department o f Education will give us our own certified instru ctional progra m code. In !h e State ,..o lorod o. our schools arc approved und er th e C J'P Code 12.0405 massage. T hat made a lot o r my coll ea~·•c s up set. but it . JS rea ll ;, Yowked to our advantage ncross th e United Siates. For exa mple. in 1he Stale o r De laware one of our gradua1cs was turned in by 11 massage therapist for practicing without a license. He was working out o r a chiropractor's office and he ca ll ed me up in a Englewood City Cou nci l Septcmb<r 19, 2005 Puge4 pani c and sa id ''l .,m going to Penns ylva nia where yo ur s<'hoo l is acce pted ." I sa id no Dave, our grn dua1 es don't duck tai l and run, you stand and we will sta nd with yo u. He did and 10 11:i kc th at lo ng story short, co ndense it int o 5 minute s. he not only got hi s li cense thro ugh the Board of Massage. After examining hi s crcdcnti 11s. the State sait: go to aie Mass age Boa rd of the State o f Del aware and !e ll them to give yo u a mussa~c tec hnici an li ce nse . 1 fc did , the y e xnmin~d his crede ntial s, as the State had, and based on the credentia ls fr om the Modem Ji ,stitute of RcOe xology , he is now ab le 10 pra cti ce lega ll y in the Sta te of Dela ware . So really w;uch o ut for th e wrong sc hoo ls and try to protec t them . Ours was good enough to get him under the wire ... it also set a prec eden t all across th e Uni 1ed States for people who ha ve the credential fr om our sc hoo l. That is all yo u have to do is go to the massage boa rd, if there is one ... in Co lorado there isn't...and yo u ca n get them to iss ue you u ma ss age technician lice nse. based on your credentials from Modem lnMi tute. Now all of our gradu ates can practice if they haven mass.age law , witho ut an y problem, as a massage tcchnician ... doing rcn exo logy . Gwin nett Co unt y, you heard about tha t from Ms. Fahey, that w.1.s one of our graduates down there th at ran into a mass aj!e law with Gwinnett Coun ty. Gwinnett Co unty , you all heard about that ... ii is notori ous ... wi th the runa way bride, wet buc ks as they call them down there and a couple of other incidents ... t~.: black guy that killed a bunch of people . Well , Gwinnett Co unty called our graduate 10 lask and they required that she be a massage therapist I told her to stand her ground and pray and she did . She ended up se nding the Board a lot of information . The whole story is on my web site, so write this down ... since I only ha ve 5 minutes my websi te will finish my story, so get your pencil out. ... www .rc fl cxo logyinstitute .c om. By the way, as you heard from Adrianne , they ended up changin g the law tmd makin g a speci al exemption fo r reflexologist in Gwinnett County, Gcorgia ... so she is now a practicing rcflexol ogist. And ir :.i dcntally, the National Certification Board for Mass :igc Therapy and Body Work s11id she co uld lake the test based on her c1!dential. She didn 't have to go through all those c:xtra studies. since we don't teach mas sage therapy and it was really a bless ing . I am go ing to leave this packet of pa ges from my web site covering some of these vital topics , for people that don't wan t to take the time to do it. Al so, I have a littl e packet on ou r schoo l, what a student goes through to get sig ned up. legally , in the State ofColorado ... we have a contract...a private occ upational school, and you understand all that. So I ass ume my time is up and if it isn't, I'm going to qui t early and leave a good taste in your mouth. Remember www .rcflexologyi nstitute .com. We stand for not just reflexology. but full spectrum reflr.xo logy and it will tell you on the website what that is all abo ut. Thank you . Mayor Garrett sai d thank yo u very much . Council Member Woodward said may I ask, where is your schoo l? Mr. Brinkerh off sai d mine is at 7063 West Colfax . We have a 3000 sq uare foo t faci lit y. Our program is primarily home-stud y. We don't want 10 make reflexology too co mplicated ... let's keep it simple. You ca n be out barefoo ted and walk on the rocks and gel the same th ing I'd do 10 yo u in our clinic, for all practical purposes. So, th is is what I tell people. Lct 's jus1 keep it simple . So if yo u wa nt to pa y me. I'll work on yo u or you co uld put on your soc ks and walk in lhc gra vel driveway . lncideniall y, I had a lady come in and I work ed on her bac k, her back pain went away ... relaxa ti on is great, but a lot of thin gs go on with relaxa tio n ... side benefi ts. And so the next thing . she ca ll ed to tell me he r back pain was co ming bac k, so I said find a grave l dri veway and shr. did . Call me tomorro w, I said, and she did . I sa id how do yo u feel , did you wa lk an hour like I told yo u to, with conon soc ks on the gra ve l driveway . She said yes , but I ended it in five minute s. my back pnin wen t away and I said since the gravel dri veway wa s so fa r away. did you bring some roc ks home ? He said yo u sec I am trying to he lp you understand. reflex ology isn't complicated. Let's 001 make a big mountain out of a molehill . She sa id oh yeah man , five minu1e s of that and I brought so me roc ks home with me . She said ... in about a week I'm goi ng to LA a nd he sa id, be sure 10 take yo ur roc ks wi1h yo u. She sai d I am already packed . Ma yor Gam:11 said 1h ank yo u very mu ch. Co uncil Member Brad shaw sa id thank you Zachary. (b) Da,•id Baker. 458 8 So ulh Gran t St reet, sai d I would jusl like to sa}, firsl off, that I am ver y honored 10 be speaking 10 the City Co uncil thi s evening . I am, actua ll y. hen.: fo r n pretty good reason. I nm prett y sure 1hat I am the o nly real li ve standup comed ian that actually live s in the Ci1y of Engle wood and if I'm no t, well, th en the other one must not be very good, because I'm not getting much competitio n as of I.lie . But I have been doi ng shows since I moved here , since March. My parents have liv ed here for many , man y years and I am goi ng 10 continue on that co urse. My father is ac lu all y an insurance adjus1or. Right now he is in Bilox i. Mi ss issi ppi. because of the hurricane . He is probably going to be dow n there for a year. And the Englewood School Di st ri ct came to me, as well as a bunch of other peo ple , and wa nted me to pul on a show. pro bono, comp le1ely for hurri cane re lief ... j ust fo r th e Red Cross, for anyt hin g. I didn 't ge t a chance to really talk to Mr . Wynne, who wa s here just a little while ago, but I ha ve lalked to principal s fr om Sincl ai r and Cherrclyn. as we ll as the other principal from En glewood High School. I am comin g 10 you guy s tonight , beca use I would like to sec if we could put a • • • • • • Eng lewood City Council Seplember 19, 2005 Page 5 vc nue ... put so me1hing 1oge1her u,at wo uld lllake Engf~wood loo k good ... for the ~::1 001 Di strict . This would be my firs t cha rily t:ve nt and I can think of no bcuer reaso n for me 10 gr 'lu' and make peu::,le laugh 1h an for money for people who have no rea son 10 laug h. I thank yv..: fo r you r time and I wif i answe r any qucslio ns you like. Co undl Member Woodwa rd said David, whe n is Jl)Ur eve nt? Mr . Bal:cr said we do not have anyt hi ng set n oht now. Thi s wai, brough t to me about four days ago, actuall y, when I co ntarted a m~mbcr of the Cit y Cou ncil. I am not rea l sure wh o I did tulk 10, but I was invi1eJ 10 this meetin g 1onight to speak tefore yo u all. Th ank yo u very much fo r !cuing me co me . Mayor Garrell sai d yo u cou ld ca ll the City Manager 's office at 303-762-2310 . Mr. Garrell sa id ask for Carol as she does a lot of our event stuff a nd she co uld proba bly help yo u. Mr. Baker said dr-cr it so und like a good ide a for yo u guys'! City Manager Sears said Caro l McG uiga n is her name, hut yo u cou ld probably talk 10 Mike Flahen y, our Assistant City Man ager. We ha ve a lot of employees who are very intere sted in doing an eve nt with Red Bird Farms. We ha ve done some other things fo r 9-11 a nd we are trying 10 pul so me th ings totether and co uld work with you 10 be part of that whl)Je thin [;. Mr . Baker sa id the reason why I was gelling th e Englewood School Di stri ct togethrr is because my shows a.re good for all ages . I don't talk nasty or do any bad st uff. Kids really find nothing more fu1:ny than to listen to the stupid things I did as a child , trying to figure out ado le sce nce. So, if we co uld make this a joint e~fort, it would mean so much to me, because it wo uld make Englewood look good . I'm from South Caro lin a, bu! I have ne ve r li ved in a city where I ha ve felt more a1 home th an I have in En3le wood . I hav e been here since March . Thank you so much fo r yo ur time. (c} Robea Mc Vay, 3462 South Gra nt , said I just wa nt to find out about a rumor goi ng arou nd th!H the Ci 1y is go ing to buy up all the old houses and put in a sho pping mart . Everybody has as ked me why, and I don't know, so I th ough t I would come and find out whether it is tru e or not Mayor Garrett said wou ld this be the 3400 block of South Gran!? Mr . Mc Vay sa id yes . Counc il Member Bradshaw said it is not true . Mr. Mc Va y said not true? Mr . Garrett sa id we have n'I tal ked about it. Mr . Mc Vay said okay, well that is what I wanted to find out. Everybody has been aski ng me , si nce I'm a block ca ptain and I sai d I do n't know . So I said I would have 10 come down and find out. Th ank yo u very much . Counci l Membe r Woodward sa id I was out in the community thi s weekend and I had the sa me question asked of me . I said I am not aware of ii and, being on Co uncil , I would expec t to be aware of so mething like that , but I have heard nothing of this. I don't know whe re thi s rumor slaned . Mr. Mc Vay sa id I don't either . Mr . Woodward sa id as far as I know th ere is absolutely no truth to it. Ma yor Garrell said that is fr om 1hc City's perspc cti,·c. There co uld be so me prlvatc indi vidu al out there th at could be doin g some thing , but not th e Ci tj' Co unci l Member Tomasso sa id is it the Maso ni c Project, where the y are redc,,,el oping the Ma so ni c Lodge int o the condos and th e office s? Ms. Brad sha w sa id th al would be 3500 . Mr . Mc Vay sa id yes. the 3500 bloc k. However, Counci l Member Barrentine sa id , if yo u cut any dea ls, or sign :my convacts. wo uld yo u let us know? Mr. Mc Vay said I wo uld glad ly ... I've been th ere sin ce 1948 and I don't want to move ci,hcr. Than k you very mu ch. Counci l Member Bradshaw sa id Johnj usl broug ht up n point ... go ahead. Cou nci l Mem ber Moo re said we rece ntl y had a p1operty here that was talki ng about multi -family housing or se tt ing up an apl.lrtment ... l be lieve th at was in the 3400 block of So uth Grant, wa sn'I it ? Mr. Tomasso said that was Logan . Ms. Bradshaw sa id nC', no yo u 1;uys , it is th e IOI on Gra nt and Girard and 1hcy have lowered th e pri ce. Now it is fo r sa le at the bargain price of!-279 ,000JJO. Bui , Mr . McVa y. I 1hink th ere is so meone who wanls 10 deve lop 1hat corne r lot that has been fo r sa le for a lr,ng lim e, .ind the City ha s nothing to do wi th that. (d} Ali ce Hanna, 4420 South El:i~, Street, sa id I am 1i,e currt"nt Presi dent of Englewood Unl eash ed . I succeeded Greg Kaincr. I ju st wanted to fo ll ow-up on the di sc ui;sio n th at we had al th e S1ud y Sessio n. Firs1 of all I wa nt ed ,~ th ank City Council. the Parks and Rec rea1 ion Co mmi ss ion. t'ne Park s and Recrea ti on Dcpartmcnl and the Ci 1y Manager's Engle wood City Co uncil September 19, 2005 Page 6 oni ce. be ca use ii has been th ree years of cons ta n1 disc uss ions nnd meet in gs and the Co un cil mce lings a nd I kn ow thi s is an iss ue 1hat we all wa nt to n:solvc a nd move fo rwa rd und get so methin g on line fo r th e futur e. I wan t to talk a lin le bit abo ut 1hc water stud y and the stew ard ship iss ue . I know I am kind of recapping on what was di scussed ::11 th e Stu dy Sess ion. But. Engle wood Unlea shed staned a year ago . exactly for thi s reaso n ... 10 be a steward of th e communit y ... th e off-leas h com muni ty . On e thing •h at was interes ting, abo ut th at water stud y. is th at th ey did all th ese re vie ws. but 1herc was nm another fo rm al off-lea sh f'l rganiza ti on tha1 adopted any of th clie off-le ash park s. So. I th ink one of th e cru cial ways for 1~ is 10 be a ve ry positive communit y ev ent , is 10 have En glewood Unlea shed wor k hands-on with the co mmunit y a nd th e Cit y 10 work on 1his in the future . We did di sc uss the red. yell o w. green light sy stem 1101 · we ha ve talk ed with the Park s and Rec reati on Depanment abo ut that 1:x teu sive ly . and I 1hink that is a very good idL There arc a lot of peopl e wh o have go ne to Denver parks and the y ha ve see :1 thi s in effe ct a nd it work s, because th e Cit y at any tim e can go ahead and sa y "li sten guys ,; >u need 10 pi ck up aft o:r yo urself. we arc going to ye llow and if you don't do ii within thi s time fr am~. we are goin g to shut yo u dow n ond you can 't come back and enj oy thi s park un1il we ac tually do ha ve compliance". You k:.ow we all arc "'ater drink ers as well and I don't have bottl ed waler , so I wan! clean water ... so I think thi s is un iss ue Iha! concerns all of us. It is not just that we want an off-lea: h park . but we want a cl ea n off-leash park. We al so don't want to go 10 an off-leash park 1hat is dirty. Alread y. we have mar thly c leanups at Jaso n Park . Many people here parti cipated in .a brunch and off-le as h • pork cleanup ye sterday. You know ,;o me people don't pick up after their dogs, but we do se lf-enforcement . 1f you come there with your dog and yo ur dog goes to the bathroom and no o ne is picking it up, there are lots of pe ople who have no qualms about telling you 10 pick up after your dog . The Cit y doesn ·, provide th e poo p bags ... so we actu all y bring th e poo p bags to the park. We constant 1y have on e-mail li st a nd we se nd o ut e-mails telling people that th ey need bags a nd also just tu make sure th at they do clean up after their dogs . We would act ually like to come 10 so me resoluti on on thi s iss ue . I kno w there wa s di sc uss ion at the Study Session, but I am not quite sure what the next s1ep is . I don 't know if you need to ac tually vo1c to go forward with thi s, but if you do, I would really appreci ate it if yo u co uld clarify, so that we can start solicitin g donati ons. Wr-have seve ral corporati ons that arc intere sted in donating, but they really don 't want to unt il th ey know th at we ore going forward with 1his . We also have severa l fund r:i.i sing events that w~ pl anned, but we can't really promote it unless we have a pork 10 dedicate the fund s 10. We al so have peop le who have notjvined Eng lewood Unleashed , becau se the y ha ve been seeing this going on for three years and thi s is a lot of ta lk and we ha ve been workin g back and fonh, but they really • want some results . I think there will be a lot more excitement in the off-leash community, because it will be so mething positive . We already have about 75 members righ t now, plus a lot of people who are invol ved , but just no! as offi cial members . So, I would ask for a vo1e, if po ssible . to go forward with Belle view and I appreci ate oil your time and efforts in thi s regard . Thank yo u. Ma yo r Garrett said thank yo u very much. He sa id a~ a cl arifi cati on th is Council ha s app ro priated $50,000 .00 in th e 2005 budget fo r vari ous Jcti vities ... whi ch we did las t year. We hilve spent app rox im atel y $3 0,000 .00 of th at 10 do two differen t studie s. Coun cil said , basica ll y. by co nsen sus ... no. not by co nsc nsus ... but . Co uncil said to go for ward :md spend th e re st of the $20.000.00 for 2005 on a series of i1 ems, whi ch I don't ha ve in fro nt of me . Bui that incl uded things up to that water qu alit y and the silt a. t th e seeding . In the bu dget , c urrently , th ere is $50.000.00 all oca 1ed to th is projecc fr om Open Space Fund s in th e budget for 2006. In" few -.ec ond s we will open up a Publi c Hearin g on the 2006 Pro posed Bud get. We then will have a di scu ss ion on Saturd ay on ti ~ 2006 Bud ge t and then it will go to readin gs on the fir st and third Mond ays in Oc tober . If ii goes throu gh :li e proce ss and stays a pan uf th e budge!, then it is pan of th e bud ge t that we ha ve approved fo r 2006. That is ba sicall y th e pro..::,.:;s. Co un cil Member Woodw ard sai d we have moved fo rward wi th the ba lance of th e f·md s fo r 2005 10 move forwa rd wi th the wo rk . Co un cil Member Wolosy n sa id as I asked dur ing the mcc 1ing. I guess 1hat mea ns yo u can beg in immedia tel y. 8. Comnmnications, Proclamations 11nd Appointment~ (a) An e-mail fr om Val erie Passe rini announci ng her n:s igna ti .>11 fr om th e Keep Englewood Be autiful Co mmi ss ion was considered . COUNC IL MEMB ER WOLOSYN MOVED AND IT WAS SECONDED, TO ACC EPT, WITH REGR ET, TH E RESIGNATION OF VALERIE PASSEIUNI FROM THE KEEP ENGLEWOOD BEAUTIF UL COMMISSION . Co unci l Membe r Woodward sai d Val e ri e was a hu ge pa r\ of Kee p Eng lewCKXI llc:iu ti fu l. She wa~ the coordina tor lh is yea r of the 5K rncc and she just brought a lot of energy a nd did a lot fu r that Commission. • • Eng lewood Clly Council Seplember 19, 2005 Page 7 Ma yor Garre ll asked if 1here were any co mm cnl s. There were none . Vote resu lts : Aye s: Council Members Barrentin e. Moo re, Brad shaw, Garren . Wolosyr,. Woodwurd, Tomasso Na ys: None Moli on carried . {h) An e-mai l from Eric Crotty announcing hi s re signati on fr om the Keep Englewood Beau1iful Comm iss ion was co nsid ered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF ERIC CROTTY FROM THE KEEP ENGLEWOOD IIEAUTIFUL COMMISSION. Council Member Wolosyn said Eric was a very good Chair and led us through so me bumpy times. Mayor Garrett asked if 1hc re were any comme nts. There were none. Vote resulls: Motion carried . Ayes : Co unci l ~fombcrs :Jo.rrcn tinr;, M oo re, Bro.d shaw, Garrett , \Volosyn, Woodward, Tomasso Nays: None • 9. Consent Agenda • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I) and 9 (c) (I), (II) and (Ill). (n) Approval of Ordinances on Fi rst Readin g (i) COUNCIL BILL NO. 39, INTRODU CED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORDINAN CE APPROVING A LICENSE · CITY DITCH CK JSS IN G AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO , AND WILDACRES. LLC FOR A TWO IN CH (2") UNDERGROUND WATER SERVI CE CROSSING OF THE CITY DITCH. (b) Approva l of Ord ina nces on Second Reading (i) ORDINANC E NO . 42, SE RI ES OF2005 (COUNC IL BILL NO . 40 . INTRODUCED BY COUNC IL MEMBER BRADSHAW) AN ORDINAN CE AUTHO Rl 7 1NG Tl-IE REDEMPT ION AND SALE OF A HOU SING REHABILITATI ON PR OPE RTY LOCATED AT 41 65 SO I I WASHINGTON STREET IN TH E CIT Y OF ENG LEWOO D. COLO RADO . (c) Reso lution:-. und M oti ons (i) RESOLUTIO N NO . 77, SERIES OF 200 5 A RESOLUTI ON AUTHORIZ ING APPLI CATION FOR THE 2007 -20 12 TRANSPORTAT ION IMPROVEMENT PROGRAM . (i i) Contrac t wi 11l Premier Specia lt y Contrac tors for repair of th e cas l t nk of th e South Clark so n Stree t rese rvo ir s. in the amoun t of $26 1,285.00. Englewood Cily Council September 19, 2005 Page 8 (ii i) Contract wi 1h Gene see Builders. In c. for the rcpl accme n1 of the di stribu1i on syste m d isc harge pump val ve und ac1uat or. in the amount of S I 8.300.00 . Votr !'PS ults : Ayes : Co uncil Members Barrentine , Moo re. Bra dsha w, Garrett. Wolosy n. Wood wa rd , Tomasso Nays: None Moti on carr ie d. I 0, Public Heuring Items (a) M.i yo r Garrett sa id thi ~ is a Publi c Hea ri ng to gather input on the City of Ensl cwood's propo sed Bud get for 2006, COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC H .::A RING TO GATHER INPUT ON THE CITY OF ENGLEWOOD'S PROPOSED BUDGET FOR 2006. Ayes : Council Members Barrentine, Moo re. 8radshaw, Garrett , Wolosyn. v ·,.,dward, Tomasso Nays : No ne Moti on carried and tht publi c hearin g opened. • Director Gryg lewi cz, being dul y sworn. said I provided the Ci ty Cler k with Proo f of Pub licatio n fr om the Eng lewood Herald, of thi s Publi c Hearing . It was published on September 9 and 16, 2005. This is a Public Hearing to ga ther citi zen input regarding the proposed 2006 Budget which was delivered 10 Cit y Coun cil last Thursday, Se ptember 1 S, 2005 as required by Ci ty Charte r. I al so wa nted 10 ment ion that a Budget Work shop wi ll be held thi s Sa tu rday, September 241.b . I would li ke to give just a real quick ove rview of the Ge nera l Fund . At thi s time , in the Gen eral Fund ... whi ch is the Fun d th ot pro vi des the • maj orit y of services to the citizens of thr. City ... 1he total so urces of funds are approxima te ly $36 .3 milli on, with total uses of S36 .7 milli on a nd that lea ves an approxi mate unrese rved, undesignat cd fund bal ance of $4.9 milli on. And one item ... that is not in the proposed Budget. .. is a subsequent evcnt. .. lhat was th e refund ing of the Ce rtifi ca tes of Pan ic ipati on, which will save approximate ly $6 12,000.00 in 2006. M11yor Garrett asked if th ere were an y qu es tio ns. There were none. Mayor Garrett as ked if th ere was anyo ne who wo uld like 10 come forward to spea k on the bud get . There wa s no o ne . COUNCIL MEMBER 6RADSHA IV MOVED, AND IT WAS SECONDED , TO CLOSE THE PUII LIC HEARI NG TO GATHER INPUT ON THE CITY OF ENGLEWOOD'S PROPOSED BUDGET FOR 2006 . Ayes : Cou ncil Members Barrentine . Moo re. Brad shaw. Garrett , \V olosy n. Woodward. Tom 1sso Na ys: None Moti u11 ca rri ed and the publi c hearin g cl mc d. Mayor Ga rrett said. as Mr . Gryg lcw icz sa id , we wi ll h-.vc a wo rk shop on Sa turda y and then we wi ll ha ve tw o rcad in s s in Ocwbc r on th e bud ge t. 11. Ordinances, Rl'sllulion und Motions (:1) Approva l of Ordinan ces on First Reading The re were no additi onal items submitted for approval on fir st rea din g. (Sec Agenda Itrrn 9 • Co nse nt Agenda .) (b) Ap prova l of Ordinance s on Second Re adi ng There were no add iti onal item s submincd for apµ ov al on seco nd readi ng. (Sec Age nda ll em 9 • Co nsen t Age nda .) (c) Re so luti ons and Motions • • • • Englewood City Counci l September 19 , 2005 Page "" T here were no add it io nal re solut ions or motions submitt ed for appro,•al. (See Agenda hem 9 -Conse nt Agenda.) 12 . General Discussion (a) Mayor's C hoice (i) Mayor Garren said in )O ur packet, A & A Trndin ' Post, which has been in Englewood fo r 50 years, has n:questcd th at we pass a proc lamu 1ion recogni z in g th at fo ci. I think ii would probably be a good idea and wo uld suggest th at we do that at th e ne xt Counci l meeting. Ms. Bradshaw sa id is th at in time fo r th ei r celebration? Mr. Garrell said theirs is on th e 8th and our meeting is on the 3rd • M s. Bradshaw said okay. good . Mayor Garrett said the y asked me to come and help fa ci liuuc the fes tivi tie s. Counci l Member Woodward said th at is a pl ace 1ha1 has bee n around town, we ll before I came he re , but it is a lways the place that yo u can go to find tha t odd little thing. I think they are a great part of th e community. So, M ayor Garrett said, we will ha ve th e proclamation on October 3•d. (b) Counci l Membe rs' Choice (i) Council Member Barrentine: I . She said I was a little confused by some of the conversation tha t was going o n. You said th at, by consensus, we had agreed to go a head and start on thi s ... o n doin g the dog park. Mayor Garrett said I retrac ted that. Ms. Barrentine said I am against, and have been in the pas t and still am . about things being done in Study Session and if that is wha t is goi ng 10 happen, th at ii be brought 10 a vo te here . We arc appropriating fo r some propert y, potenti all y. not only in thi s year's budget, but also ne xt year's budgel. .. fo r what could amount to $1 30,000.00 and I think it is import ant for th J t to be voted on. It was my understandi ng th at we were mo ving 1hi s over into the budget di scu~si vn. but if th:1 1 is not th e case, th en I think that we should vole on whether we move forward on starting thi s projec t. Ma yo r Garrett said I wi1hdrc w lhc consensus remark imm ediately, because I kn ew that wa s not 1he case . Ms. Barrcnune said th en Olga fo ll o wed ii up wit h the co mment that it wo uld just slart. We ll , Mayo r Garrell said , 1he $2 0.000.00 was a prior a ppropriation fr o m the 2005 budget, so , bas icall y, Council said what we had lalked about with Parks a nd Rec reati o n and th e other pany ... that th ey wo uld not use that mo ne y unt il Counci l gave th e go ahead , even th ough it was al rc;1.dy appropriated in the 2005 bud get. The $50,000.00, fo r the 2006 bu dge t. is in 1he bu dge t a nd if th e budge t is approved. with it in it. the n it is in the re and that will be present ed 10 us at th e 1wo Counci l meetings in Oc tober. Ms. Barrent ine said th at is not with the understanding that it wo ul d be used 10 do th e dog park . That was wit h the understanding 1hat we wo ul d go ahead and at leas! start the studies and 1ha1 a dec ision would be made after the st11dies ca me through. And now that piece has ha ppened, but the seco nd part has n't, I do und erstand wha t you are sayi ng. but if yo u have take n bac k th at consensus re mark and we arc not automat icall y going fo rward wi th ii unti l we do 1hc bud get piece. th en I apologize. Ma yor Garrell s.iid th e S50,000.00 fo r next year is in th e budget and it depend s on how the budge t pa sse s, if ii is in it or nut a nd if th e budge t passes or no!. Me said is th at okay? Ms. Barrentine sa id o ka y and thank you . Mayor Garrett said I apologize fo r the consensus remark , it was a sli p. M s. Barrent ine said okay . Well , like I s:1 id, whe n we arc committing fund s, not onl y fo r thi s year, bu t for nex t. ii is im porrnnt for those th ings not to be somet hi ng th at is done in Stud y Sess ion and th ose votes just need 10 happen . She snid I wanted to lh ank th e ren cxology peo ple for comin g and giving us ,1d dit ional info rma1 io n. I ccrt aml y learned a grcal deal. rn try th e rock thin g, but I wanh.:d 10 thank Slurley for se ei ng thi s th ro ugh . I :1pprc,·1.11c the cduc:1 ti on. thank yo u. Englewood C!ty Council September 19, 2005 Page 10 (ii) Co uncil Member Woodward : I. He said KEB held their second weekend of their Househ old Hazardous Materia l Roundup this weekend, on Saturday . In additi on to doing that, th is weekend we co llected for the Red Cross . So. as people ca me in we were able to collect some money that, hopefully , I will be able to take down to the Red Cross office . either tomorrow or Wednesday , for Katrina in the name of Keep Englewood Beautiful , the City of Englewood and the City of Liu lcton. 2. He sa id , with regard to Katrina and the thin ~.s the City is doing and so me of the items of concern regarding donatioM, it was suggested to me by a citizen that we may be interested in identifying a Sister City in Louisiana or in Mississippi and finding that panicular city and working with them specifically to do what we can lo help lhcm. I am jusl throwing that out as a sugg..:stion . 3. He said , again , I just want to acknowledge Englewood Unleashed for what they did for the Humane Society in delivering stuff for Katrina relief. I have an e-mail here indicating that they gave 30 bags of large dog food , 4 cases of wet dog food , 10 CllSCS of cat food ... item 11fter item lifter item and it is just very complimentary of the things that they have done in the community over the last .. .liuJc more than a year that they have been in existence . That. I think, is the stewardship that I'm talking aboul, when I'm lalking aboul an off-leash park. Th ank you . I 3. City Manager's Report City Man ager Scars did not have any matters to bring before Co uncil. 14. City Attorney's Report City Attorney Brotzman did not have any mattets to bring before Council. IS. M~VE~ TO AD:u: The mceling adjourned al 8:22 p.m. ,L~~~~~ • •