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HomeMy WebLinkAbout2005-10-03 (Regular) Meeting Minutes• ·• I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORA DO Regular Session Oclober J, 2005 The regular meeting of the Englewood City Co uncil was called 10 order by Mayor Garrell at 7:33 p.m. 2. Invocation The invocation was given by Co unc il Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Ma yor Garrett. 4. Roll Call Present: Absent: Counci l Members Tomasso, Moore, Barrentine , Garrett, Bradshaw, Wol osyn, Woodward No ne A quorum was prese nt. Also present: City Manager Scars City Attorney Brotzman Dep uty City Manager Flaheny City Clerk Ellis Deputy City Clerk Bush Direct or Ol so n, Safety Ser vic es Director Gryglewicz , Finance and Admini strati ve Servi ces Director Simpso n, Communi ty Devel opment Direct or Fonda, Utilities Dircc ,or Kahm, Public Works Fire Captai n Pattarozzi , Safety Servic es Poli ~c Lieut enant Sanchez , Safe ty Servic es 5. Consideration of Minulcs of Previous Session (a) CO UNCIL MEMBER WOLOSYN MO\'',D, AND IT WAS SECOND ED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19, 2003 . Ma yor Garrett asked if there were any comments or corrections. There were none. Vote results: Moti on carried . Ayes: Co unci l Members Barrcnlin e. Moore. Brads haw, Garren, Wolosyn, Woodward , Tomasso Nays: None • 6. Recognition of Scheduled Public Comment There were no sc hedul ed visit ors. Englewood Clly Council Oclober 3, 2005 Poge 2 7. Rccognllion of Unschcdul('d Public Comment (a) Adria nne Fa hey, 7~77 We st 75th Avenu e, Ar v:1d a. said I just w:uu cd to addre ss a few th ings. es pecially where 1he cduca 1i onal sta nd ard s urc rn ncc rn cd. We did have a clmncc to review 1hc dra ft propos al of th e rc ncxology ordinance and I just wanted to darify a fow 1hings. In our proposa l 1ha1 we e-mailed to yo u las t we ek . we indi(;atcd ... un de r cduca 1ional s1andards ... 1ha1 one of th e 1hings. as proo f of mcc ling the educat ional standards. is h:1v in g a certificate fro m the ;\mcri ca n Ren exology Certifi cati on Board . That is one 1hing yo u did not in ~Jude in yo ur draft and I reall y wan t 10 stress that thi s ~hould be included in yo ur ordinance beca use, num be r one ... yo u stat e in 1hc drafl ordin ance th at you wa nt 200 hours. of whi ch 110 hou rs arc hand s-o n in -cla ss in stru cti on. One of 1hc prerequi sit es fo r tes ting with ARCB is 110 hours of hands-o n in-cla ss instructio n. but we don'1 make any <l islinct ions as 10 whether that is from a Suuc app roved sc hool, beca use. ri ght now ren exology is still kind of in its infancy and so th ere are a 101 of mom-a nd -po p institut ions oul th ere teac hin g renex ology, but th ey arc ve ry legitimate and they are teac hin g proper technique . And so. we accept the se individual s for test in g wi th ARCB. as long as the y can ve rify 110 hours of hand s-on in-cla ss in stru ction . On e of the good thin gs abo ut the re fl exology tesl. is we do ha ve a pra ctical porti on. We te st th ei r hand s-o n skill s. We want 10 make sure that they arc app lying proper technique and prope r pre ss ure, so 1hat 1hey arc no t crea tin g a prob lem for th e public. And so. tha1 is one thing tha1 I definitel y would like to see writt en int o the law . The other thing, nu mber two. as yo u stat ed, is that they show 200 hours fr om an appro ved sc hoo l or proo f of certification through ARCB . II is because of so me of th ese sc hools that ma y not be "State appro ved " but th ey are gi vin g good instructi Lol on proper reflexology skill. knowledge and tec hnique . Thank you fo r li stening . Council Member Brad shaw said thank you for doin g that so qui ckly. Ms. Fahey sai d your welcome . (b) Rachel Lord , 1017 Perth Street, Aurora, sa id I seco nd wh at Adrianne sai d ;' out the educatio nal requirements . That is a very important thing 10 us. I sec that there was an article in the Hera ld 11 couple of week s ago, where Ma yo r Garren said !h at he felt we should establi sh a se parate li cense for renexology, sin ce we ha\'e a mea surable way to determine if1he app licanl is qu alifi ed. And one of th e measurable ways ... l will rcitcratc ... is certification from the Ameri can Rene xo logy Ccnification Boa.rd . That is a rea l substanl ia l measure of the qualificati ons. So, tha1 is that part. She said a couple of other thing!i t wa nied to ialk about, in vo lved 1he definitions ... oddrcss ing the di stincti on bc1ween what part of the cars were 10 be worked on. It is defi nitel y th e ex tern al ear, so there is no probl em with anythin g lik e lh at. So, I think that could definitel y go into th e ordinan ce as par! of the definiti on. Another pa rt of the defi niti on, whi ch we didn 't addre ss and it is not put in here ye t, but I think it would be a good idea ... is th at the rc flc xo logisl, in addition to wo rking on the cars. hand s and feet , th ey al so work on th e lower leg and th e lower arm, briefly . but th ey do wo rk on that part of the body. The reaso n bei ng is th at th e mu sc ul atu re th at comes down from th e lower leg. goes into 1he fe et and the musc ulat ure that come s fro m th e forearm , goes into th e hand s, so th ey arc in1egrnl p;lrt s of the mec hanism of th e worki ng of th e hand s an d feet. There is so me appli ca tion of pre ss ure to th ose two part s of the body. So,jus1 for clarifi c:ui on, it ma y be a good idea 10 put 1hat in . It is not ma ss age th crapy ... I mea n nothin g el se is taken off, th ey ma y ro ll up th eir pan1 s leg a littl e bit. bu1 th at is it. The re is no other removal of cl oth ing. so yo u may wan t 10 co nsider puttin g that into th e definiti on. There is so meth ing el se here too ... a co upl e of thi ngs. The part abo ut cr iminal bud:grou nd che cks ... now I know !hat th e criminal back ground check and th e fin ger pr in t check that yo u do fo r ma ss :1gc th crapisls ... to my und erstandin g. it d:nc s back to th e ma ssage parl or ordinan ce. It wa s a mc:ms of re gulatin g prostituti on, to my un de rstandin g. and I und erst and that yo u definitely want the two to be sc p:irnle . but if we arc go in g to be in 2005 and consider .-profe ss ional rc fl cxo log ist. wi th the rc!ucat ion req uirements th at we ha ve just listed ... I pe rso nally don't think tha t is :t pp ro priate to h;1 vc ... just as a nurse docs n 't 11ce d a fin ge rprint chec k. a doc tor does n't need a fin ge rpri nt chec k and an y 01hcr li cense d profe ~s ional does n't usuall y go throu gh !hat. So , my vote wo uld be 10 take thal out. And th en there is one ot her lhin g, just for yo ur consid er .Ili on. and thi s is no! pertaining to th e refle xo logy ordinance th at we arc pro pos ing here. bu t just in ge ne ral. just to think abo ut it. there are a lot of alternati ve thera pie s out th ere in th e win gs tha1 arc used by a large num ber of people nowa da ys and there is no reg ulati on on those. And I ha ve a feeling 1ha1 in th e future tha t is go in g to co me arou nd ... 1ha1 when we draft thi s reflexo logy ordi nance yo u may find 01her peo ple fro m oth er pro fe ss ions. such as hcrbo logy. l'.rtrni os ar:ral. shiat su ... di ffcr c111 01hcr allcrnativ e modal iti es that are be in g studied by NIH right now, as a matter of fa ct. They arc go in g to co me arou nd and want so me leg itim acy too fo r 1heir profe ss ions, which I think is a ve ry good thin g. I do not wa nt it as part of th e refle xo logy ord inance, but I just wan t you 10 th ink abou t th at as a future thing , th at Englewood co uld be leadi ng the pack . mea n it is rea ll y unpreceden ted area s fo r consid era ti on and it's the wave of the future. So. I 1h ink when word gets out rm th is, other mod alitie s might be lookin g for the sam e type of thin g. So, th at is just fo r co nsidera ti on in th e future . Thank yo u. • • • • Eng!cwood City Council Octob\,r 31 2005 Page 3 Co uncil t-.fombcr Barrc n1 ine sa id could I 11skjust one que st ion pica s~. She sa id in your li ce nsin g procedu re, do th ey have to go 1h rough a b.i ckground chec k wi 1h the sc hoo l in order 10 be lic ensed'! Ms. Lo rd said no, we do n't lice nse, th e sc hoo ls don'1 license . Ms. Barrent in e sn id in order to get a certification or gradmue ? Ms. Lord said no, there is no back gro und chec k. Ma yor Garren sai d we hnvc hen.rd :-.cvc rn l th ing s fr om !h e 1wo peo pl e who sig ned up. Duri ng Co uncil Membe rs Choice we wi ll go thro ugh ea ch of th ese and sec what we want 10 do as far as amending th e ordin ance . (c) ll crnh nrd Wcllnmn said I am ve ry glad rm here and I'm rea ll y th ankful for eve rything I can participa te in . I submillcd an ap plicali on. one ycn r ago, 10 ICMA (1111crna 1io nal Ci ty Mana ge r's As sociation) to sla y in the Stal es for 1hree weeks. I nm really glad th nl th e Ci1y Manager of Eng lewood an swered . We we re put in co nta ct with each other and I will be staying in the Unit ed Stat es for 1hrce week . It wa s a really bi g event fo r me when I went 10 Min neapo li s, Minne sota to lake pan in th e very big annual co nference the re. wi 1h 3,000 City Managers, and I learned a lot fr om all of th em. They were ve ry hel pfu l a nd friendly , all the lime . Sin ce the fir st day I ca me to Eng lewood, th e admini stration, 1he tow n hall , th e managers and th e depart me nt s have been helpful and shown me everyt hing here . I am dee pl y impre ssed with yo ur treatment capa ci ty . Toda y I toured 1he wa1er and se we r plants . I cou ldn 't imagine how great and profe ss ional yo u ha ve made all this . It is reall y great to see . We have the same problems ... we ha ve less money and a lot of treatments we are re sponsi ble for . You know . we ha ve 1wo nnd a half th ousand Russ ian peopl e livin g in the ce nter of Belm ... a tow n of about 14 .000 ci1izens. They came when 3.000 soldiers and their familie s left the tow n and now we ha ve to integrate the se Ru ss ian peop le int o our communi1y . Tha t w11s the greatest chal le nge of the last 15 yea rs. 1 am very proud 10 tell yo u that we have iaken pan in a compe11ti on held all ove r Germany . Ove r 100 com munities took part in thi s co mpetiti o n, whic h was 10 determine who ha s th e best in1 egr:11i on pl an to integrate Ru ssia n peop le and immi grants in Ge rm any , and we wo n it. So . I went to Berlin, to 1he Federal govern ment , a nd rec ived a large pri ze from lh e Mini stry of Interna l Affai rs. II was great fo r all of the City of Belm . Tha t is whnl wc arc doi ng. You know we ha ve 3 1 members of Co un ci l and I am bolh the Ma yo r and City Manager und a member of Co un cil too , so I have a lot 10 do all the time . I ha ve been a member of Counci l fo r 33 yea rs. I was just 23 yea rs old when I became a Co un ci l Member. Now I am 56 and fo r 16 years I ha ve been Mayor of th at town. I know 1he problems of lh e peop le and how we can manage it. So. I am here for three wee ks 10 obse rve and learn how thing s arc done he re. whi ch I can take bac k to my 1ow n. I send be st gre elings fr om my mem bers of Council and the pop ulati on of Belm, in the nort hern pa n of Germany . I am real ly thankf ul and l wi sh th e best 1hings to the people of Englewood. Thank yo u ve ry mu ch. Ma yo r Garrell sa id thank yo u. 8. Co mmunicalions, Proclamutlons und Appointments (a) A proc lama1ion declaring October 8. 200 5 as "ACE A & A Trnd in' Post Day" wa s co nsid ered. COUNCIL MEMBER BRADSHA \V MOVED, AND IT WA S SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 8, 2005 AS "ACE A & A 'J'RADIN' POST DAY". Ma yor Garren asked if there was an y di sc ussio n. Ma yor Garre ll said th ey will be havi ng quite 1hc fcs 1iv i1 ics un Sa turd ay , so co me c:irl y. Vote results : Mo1ion carried . Ayes: Co uncil Members Barrentin e. Mo1i rc. Brad ii haw. Garrell. Wolosy n, Woodwa rd . Tomasso Nays: No ne Mayo r Garrett prese nl ed th e proc lamati on h.> Aa ro n Au sfohl and Steph en Hcnd . Th ere wns appla use . 9. Consent Agenda MAYOR GARRETT R EMOVED AGENDA ITEM 9 (a) (i) FROM TIIE CON SENT AGENDA. Englewood City Council October 3, 2005 Pngc4 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (n) (ii) through (v/, 9 (b) (I) und 9 (c) (I) und (II). (a) Appro val of Ordinances on First Rc,1di ng (ii) COUNC IL BILL NO . 4 I. INTRODUCED BY COU NCIL MEMBER BRADSHAW A BILL FOR AN ORD IN ANCE AMEND ING TITLE 5, Cl IAl'rER 3, OF TliE ENGLEWOOD MUNICJPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES . (ii i) COUNCIL BILL NO . 49. INT RODUCED llY DUNC IL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMEND ING TITLE 5. CHAPT ER 14. SECT ION 3. ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. (iv) COUNCIL BILL NO . 42, INTRODUCED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZINCi THE PURCHASE OF 2394 WEST WESLEY AVENUE BY THE CITY OF ENGLEWOOD, COLORADO. (v) COUNCIL BILL NO . 48, INTRODUCED BY COU NCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE GRANT ING THREE UTIL IT Y EASEMENTS TO PUBLIC SERVICE COMPA NY OF COLORADO (dha Xcel Energy) FOR INST ALLA Tl ON OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/E nglewood Wastewater Treatment Pltrnt). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 43. SERIES OF 2005 (COUNC IL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICEN SE -CITY DITCH CROSS ING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD. COLO RADO , AND WILDACRES. LLC FOR A TWO INCH (2") UNDERGROUND IV ATER SERVICE CROSSING OF THE CITY DITCl·I. (c) Resolutions and Motions (i) RESOLUTION NO . 78, SER IES OF 2005 A RESOLUTION BY THF CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD. CO LORADO. TO FILE AN APPLICAl ,ON WITH ARAPAHOE COUNTY FOR A 2006 COMMUN ITY DEVE LO l'MENT IJLOC K GRANT. (ii) Con ttu ct wi th Hon nen Equipme nt Co mp any, for the purchase of one Ham m !I D 70 11 \1 ro ll er , in th e amount of $76,257.00. Vo te results: Motion carried. Ayes: Council Members Barrentine . Moo re, Brad shaw, Garre tt. Wolosy n, Woodwarc!, Tomasso Nays: None • • • • • • ~nglewood City Council Oclober 3, 2005 Page 5 9 (a) (i) Director Gryg lewicz sa id in th e Co unci l Communi cuiion, seco nd paragraph unde r rec ommended ac tio n. )'Ou will see ii says "chani ing human 10 home, in 4-4-4 -3." For so me reaso n that wasn't co rrected in the ordina nce and that jusl needs to be corrected to clarify that Mayor G11rre 1t sai d refer to the ordi nance i1self un der (A) (5) exempt ite ms, the th ird line dow n. Mr . Gryglewicz said it is under Sales a nd Use Tax : 4.4-4-3 Exemp tions to sa les tax (A) (5). seco nd se ntence ... il say:; "for hum an co nsumpti on" and it should re ad .. for home consumpti on". COUNCIL MEMBER WOLOSYN MOYllD, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (a) (I) AS CORRECTED. COUNCIL BILL NO . 50. INTRODUCED BY COUNC IL MEMBE R WOLOSYN A BILL FOR AN ORDINANCE AMEND ING TITLE 4, CHAPTER 4, OF THE ENGLE WOOD MUNICIP•J . CODE 2000, PERT AIN ING SALES AND USE TAX . Mayo r Garrett asked if there was any discussion . There was none. Vote results : Ayes: Co unci l Members Barrentine, Moore, Bradshaw, Ga rrett, Wolosyn. Woodward, Toma.sso Nays: None Mot ion ca rr ied. 10. Public Hearing Hem., No pub lic hearin g was sc hedul ed before Co unci l. 11 . Ordinances, Res-llution a nd Motions (a) Approva l of Ordi nances on First Readi ng (i) Direc tor Gry glewicz prese nt ed a recomme nd ation from th e Departm ent of Finance and Administ rative Servi ces 10 adopt a bill fo r an ordinance approving the 2006 Budge! for the City of Englewood . He said I ha ve a shon prese ntati on, as we basically bud get all yea r long, ns you arc well aware. We fi rst met on May 7U1 of this year to s1ar1 the process . We went though a preliminary budget on Aug ust !Sui . The Counci l actua ll y received their budget on Septe mber 1stt1. as req uired in the Chaner. Then a Public Heari ng wa s held . here in the Co unci l Cha mbers, on the 19lli or September. The n we me1 aga in on Sep tember 24 111, for a Sa turd ay ses sion. a nd di scu ssed the budget at that rime . The one I am going 10 point oul is th e Genera l Fu nd, beca use it is th e fund th at provide s the se rvices 10 1he ci lize ns that :ire conside red pub lic in nature like, po li ce, fire , publi c works, park s and recreatio n and librar y. And fo r 2006, the bud ge! has a tolal so urce or fu nd s of $36.286.294.00, total uses of fund s or S36.136 .240.00 and th al leaves a total und es ignated . un re se rved Fund Ba lance of S5,497 ,981.00. whi ch is 15.6% or budge1e<I reve nue s. I ca n ta:<c ques tion s at thi s time if there are uny . Ma yor Garre n as ked ir th ere we re any quest ions for Mr . Gryglcwicz on the budge t. Counci l Member Woodward said Frank , in thi s budget, how many c urrent staff lose 1heir jobs. specifi cally beca use or thi s budget ? Mr . Gr yglc wicz said none of the staff lose th ei r jobs . although there will be one po sit io n that wo n't be fil led, bu t I be li eve Safe ty Services is adding a posi tion in the re that th ey fee l is more cri tica l, bu l no one is los ing th eir job. Mr. Woodward sai d okay and do we ha ve any type of hiring freeze th at will be pu t in place , or in pla ce cu rrently ? Mr. Gryg lewicz sai d not a1 thi s time and the on ly way lh at wou ld be implemen ted is if th e Ci ty Manager deemed !hat so mething , like revenue shonfall s, were extreme en ough 10 d0 that . Ai.d 1ha1 wou ld be broug ht 10 Co unci l's ancntion prio r 10 tha 1 bei ng pu t in pla ce . Mr . Wood wa rd said oka y. thank you . Ma yor Garrell ask~d ir there we re oth er questi ons fo r Mr . Gryg lc wi cz . There were none Mayor Garrett said thank you Frank . Englewood City Council October 3, 2005 Pagr.6 COUNCIL MEMBER BRADSHAW MOVED, AND IT ll'AS SECONDE D, TO APPROVE AGENDA ITEM II (a) (I) • COUNCIL BILL NO . 44. COU NCIL BILL NO. 44, INTRODUCE D BY COU NCIL MEMU ER UR ADS II A IV A BILL FOR AN ORDINANCE ADOPTIN G TllE BUDGET OF Tl-I E IT Y or ENGLE WOO D. COLORADO. FO R THE FISCAL YEAR 2006 . Mayor Garren asked if there was any di sc uss ion among Co un cil. Co uncil Membe r Barrentine sa id I will be voting agai nst the bud ge t and th e reaso n fo r th at is th at it ha s very littl e to do ... so me of it with staff. The process that we we nt through was somewhat embarrassi ng to me. The Council's main job is to hire a City Manager, to hire a Cit y Auomey and to deal wit h the City 's budget. The fir st several meetings we didn't even talk about any money . At the end, the la st hour that we act uall y spe nt on thi s, ce rta in cuts were talked about and not everything is bein g pu t on the table . When you are talking about not havi ng public proc ess and public votes for money going out and yo u arc sayi ng , well it is in th e budget, wh en it comes down to spe nd ing real money. that is differen t. I lhink the Council needs to be much more active and much more in volved in thi s bud ge t proc ess . And I 1hink, when it co mes to discuss ing it and in th e final hour of budget yo u've got depanm en t heads who say , we ll I nev er re all y needed this posi tion, I never really needed thi s mo ney ... then that should ha ve been eliminated in the process . if it was n't a necessary functi on of their department and shouldn't have been so mething to be held out at the las1 minute 10 placate any si tu 111ions that were going on. If th ere are things that are in budget , in departments, that aren 't necessa.ry, they shou ld have been eliminated out of that budget a long time ago . Like I said, this is a maj or process of Co uncil. I think we shou ld be much morJ involved in it. Like I said , the fir st several mee tings we didn't even talk about money . I ha ve a hu ge concern abou l Co un cil acquiescing their autn oril y a nd their power over the process. so I will be v01 ing no . Mayor arrelt asked if there were any other co mments from Counc il. There '-"'tTt, none . Vote r esults: Ayes: Co unci l Members Moore, Bradsh aw , Ga rrett, Wolosyn. Woodward , To masso Nay s: Counci l Mem~r Barrentine Mo1ion carried . (ii) Di rector Gryglewicz presented a reco mmendation fr om th e Dcpanmcnt of Fi nance and Admini strati ve Se rvices to adopt a bill for an ordinance ap pro pri ating the 2006 Budget for the Ci ty of Englew r, ' He :;ai d th is bill fo r an ordin ance is related to lhe bud ge !, ii actua ll y all ows th e spendin g of 1hosc fun ds and . as I po in ·a rlier , the fun ds for th e Genera l Fund fo r 2006. to be spen t. are $36 .1 36.240.00 . Mayor Garrett asked if th en· were any que stion s for Mr . Gryglewicz . There were none. COUNCIL MEMBER WOLO SYN MOVED, AND IT WAS SECONDED, TO APPROV E AGENDA IT EM II (u) (II) • COUNC IL BILL NO. 45 . COU NCIL BIL L NO . 45, INTRODU CE D BY COUNC IL MEMBE R WOLOSYN A BILL FOR AN ORDINANCE APPROPRIAT ING MONIES FOR ALL MUN ICIP AL PURPOSES IN TllE CITY OF ENGLEWOOD . COLORADO , FOR TllE FISCAL YEAR BEGINNING JANUA:IY I, 2006. AND END IN G DECEMBER 31 , 2006 , CO NSTITUTING WliA T IS TERMED THE ANNUAL APPROPRIATI ON BIL L FOR TllE FIS CAL YEAR 2006 . Mayor Garrett asked if there was any disc uss ion amo ng Co un cil. Co undl Mem ber Barrentine said I just want to rei terate what I said before. I will have to VDle aga inst 1hi s one. si nce ii is the appropri ati on fo r the budget 1 just had a prob lem with . Mayor Garrett asked if there we re any oth er com ments. The re were none . • • • Englewood City Cou ncil October 3, 2005 Page7 Vote results: Ayes : Co uncil Members Moore , Bradshaw, Garrett, Wolosyn , Woodward , Tomasso Nays: Council Mem be r Barrentine Motion carried . (iii) Director Gryglcwicz presented a reco mmendat io n from th e Department of Finance and Adminis1rative Services 10 adopl a bill for an ordinance approv ing 1he 2006 Budge! for the Liu1,:1on/Englewood Wastewater Treatment Plant. He said the beginning Fund Balance for the budget is $115,674 .CX.1• Total so urces of fu nds for 2006 is $49 ,186,470.00 , which is the exac t amount of the use of funds fo r the year, whi ch lea ves an ending Fund Balance ofSI 15,674.00. Ma yor Garrett asked if there were any questions for Mr . Gryglewicz . There were r.;>ne . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO Al'i'ROVE AGENDA IT EM 11 (a) (IU) • COUNCIL BILL NO. 46. COUNCIL BILL l'1 0 . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE ASCAL YEAR 2006 . Mayor Garrett asked if there was any discussio n among Council. There was ,tone. Vote results: Motion carried. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wol osyn , Woodward , Tomasso Nays: None (i v) Director Gryglewicz prese nted a recommendation from the Dcpartmenl of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2006 Budget fo r th e Littleton/Englewood Wastewater Treatme nt Plant. He said the appro priatio n fo r the Lit1le1 on/Englewood plan! for 2006 is $49 ,186,470.00 . Mayor Garrell asked if there we re any questions fo r Mr . Gryglewicz. There were none. COUNC. L MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (1) (Iv)· COUNCIL BILL NO. 47. COUNCIL BILL NO . 47 . INTROD UCE D BY COUNC Ii. MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTE WATER Tl{'lATMENT PLANT PURPOS ES IN THE FISCAL YEAR UEGI NNING JANUARY I, 2006 , AND ENDING DECi:MBER 31, 2006 , CO NSTITUTING WHAT IS TERMED THE ANNUAL APPROPKIATION BILL FOR THE FISCAL YEAR 2006 . Ma yor Garrett as ked if there was any discuss io n nmo ng the Cou ncil. There was no ne. Vote results : Ayes: Council Me mbers Barrentin e, Moore, Brads haw, Garrett , Wolos yn. Woodward. Tomasso Na ys: None Motion carried . (v) Director Gryg lcwicz presented a recomme nd atio n from the De panment of Fina nce and Administrative Services 10 adopt a bill fo r an ordinance approvi ng the 2005 Mill Le \ y for coll ectio n in 2006 . He sai d the En~lewood City Council October 3, 2005 Page8 mill levy for th e Ge neral Fund for 2005 , and co ll ec ted in 2006 , is 5.88 mill s. That is unc hanged and has bee n unchan ged fo r over 1en years. The Debt Service mill lc v~ fo r 2005, and co llcc1cd in 2006 , is 2.22 mill s. And if you look in th e Counci l Communi cati on I pre pared fo r Co unci l, it shows 11 breakdown of what a homeo wner in th e Cit y, with a S200,000 .00 house, woul d pay to the City fo r propcny 1nx.e1-and the total of tha t is S 128.9 5. Th at includ es Deb t Se rvice and the General Fund , whic h is ac tuall y a littl e bit less than las t year . Mayor C melt asked if there were any questions fo r~ .. Gryglew icz . Coun cil Member Wood wn rd said Frank , ba sicall y whal yo u arc say ing is. on a market va lue home of $200 ,000.00 , of 1 .. ul es tate propcny taxes that arc collected by the Count y, $128 .95 goes lO the City. Mr . Gryglewi cz said thal is correct and $3 3.34 of that actu all y goes to Debt Service to pay fo r th e Recreati on Ce nter imp rovements and Pirates Cov e. Counci l Member Brad shaw said and that is what res idents pay for a full ser vice city . Mr . Grygl e wi cz sa id yes. Ms. Bradsha w said okay. Mayor Garren asked if there were any other que stio ns for Mr. Gry glewi cz. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) • COUNCIL BILL NO. 43 . COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE BX :'.'IG THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSE SSED V ALUAT!ON OF ALL T AXAELE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . Mayor Garrett asked if there was any di scuss ion among Counc il . There w:is none. Votensults: Moti on carried . Ayes : Council Members Barrentine, Moo re, Bradshaw, Garrett , Wolosyn, Woodward , Tomasso Nays: None (b) Approv al of Ordinances on Second Rea ding There were no additi onal items submitted fo r approva l on seco nd reading . (Sec Agenda It em 9 -Co nsent Agenda .) (c) Re so luti ons and Moti ons There were no add i1ional resolut io ns or moti ons subm i11 ,;d f(". app roval. (See Agenda Item 9 -Consent Age nda .) 12. General Discussion (a) Ma yo r's Choice (i) Ma yor Garrett sa id . hopefull y, I have th e li st of whnl was recommend ed by our speakers during the unsc heduled publi c co mm ent po rt ion of the meetin g. The fi rst one was 1hat they would like an ahernnti ve to th e accreditati on education req uirement, as proof of a certifi cate from the Board and I do n't know wh:11 C ~•un ci l~' feelin gs are toward ha ving an alterna1ive . Co uncil Membe r Moore said I think it makes sen se, my self. Ms. Br aci .traw sn id I do too. In response to Cou ncil Member Woodward , Mayor Garren c-1plaincd that they are requesting a change i ·. the proposal that • • we saw 111 Study Se ssion, where there is an alternati\·e to the ed ucati onnl requirement , that they can provide proof of the • certificati on. Council Member Bra dshaw said wo uld that add "or"? Ma yo r Garrett said or ... it would be "or te st." They are shak ing lh eir heads yes. 1hat I got it ri ght. Mr . Garren :isked if 1herc were 01her comm ents. Cv cr yo ne wa s in fa vor of th is being inserted into the dr af1 . • • • Englewood City Council Octo ber 3, 2005 Page 9 Mayor Garrett sai d the nex t two arc sr rt of two cha nges to the defin iti onal piece . One is us in g the word "cx1crna l" in s1rad of "ou1 cr", th nt we used in S1udy Session . Is everyo ne okay wi th th at? Ms. Brads haw said th at is line and th e others ag reed. The seco nd one was to include "th e lowe r le g and the lower arm" wi th the sa me qua lifi cati ons. Co un ci l Mem be r Woodward said the lowe r leg and the lowe r arm , does th at mea n the ankle aw.I lhc wrist'! Is th at wha t we arc ta lki ng about? Ms. Fahey said the forearm is from the elbow down and 1hc lower leg is from die knee dow n. Mr . Woodward said okay. Mr. Garrett said th e answer is no. Mr. Woodward sai d ri ght . the answer is no th at is not the ankle. Mayor Garrett sa id what is Co uncil's fe elin g on add ing that? Everyo ne agreed it was okay. Ma yor Garren said the las t one that was men ti oned was th e remova l of the req uirement for a crimin al bac kground check. City Attorney read the fo llowing : Criminal Backgroun d is th e app li can t shall be required to submit to a po li ce background inve sti gation as part of the applicati on process . He sai d th at actuall y goes wi th, § 5-8-4: whic h no applicant wi th a fel ony rec ord or who has been co nvicted of a charge regardin g morale turpitude , shall be allowed to obtain a refl exolog ist li cense . He sn id that is wh y the backgrou nd check is required . Ms. Bradshaw sai d that can remain the same as far as I'm concerned. Counci l Member Tomasso sai d I th ink with the massage iss ue, it remai n the sa mc ... both ordin ances the same. Counci l Member Woodward sai d I think it should remain the so me . Real estate brokers go through th ose type of background checks, soccer coaches and I think with so me of the things that have co me up with physician s and de nti stry an d stuff like that . I don't sec any downside wi th it, other thnn having to go gc1 fingerprinlcd and havi ng a background chec k. I can't imagine why some body would have a problem with having their background checked. Mayor Garrett asked if there we re any other comme nts fr om Co un ci l. Co unci l Member Barrent ine sai d yo u arc mi stak en. The licens ing fo r doctors and nursin g professions require , in order fo r them to ge t a li cense, for them to subm it to a background check. Now what happe ns is, it doe sn't mean that , automatically, so meo ne with a fel ony convicti on wouldn't be app roved, but th en it does go 10 the Board fo r a deli bc ra1ion 10 see if they are still sa fe to prac tice and get a li ce nse. So. I wo uldn't expec 1 anyt hin g differen t when so meo ne is working wi th the publi c. Ma yo r Garren said it sound s like we will keep that in , so the cha nges wi ll bc ... :idd in g 1he all ern ativc change to the definitional piece by two. but oth erwise lzavi ng 1hc propo sed ordin ance as drafted . Ma yo r Garrett sa id our sc hed ul ers w ill put thi s on for fir st reading on Oc 1ober 17th and fina l reading wi ll be November 7111• Than k yo u very much. (b) Council Members' Choice (i) Cou ncil Member Barre ntine sa id ii is always kind or ni ce, every co upl e or years, whe n peop le get more in volved in 1he elec tio n, you he ar more from peopl e and l have had a 101 of co mpl aint s over the las t co uple of wee ks. I think one of 1he maj or th ings th al mos t peo ple bring up 10 you arc Cod e Enforcemen t issues and unfortunately , second 10 thal. ove r the two years that I ha ve bee n doin g thi s, our Bui ldin g Department and our Commun ity Devel op ment Department . A coup le of weeks ago I we nt , a1 th e reque st of Charl es and Sandy Butler. 10 thei r home ... and the y arc here in the audience ... regarding their dream . And that wa s, that they wa nt a boat. They purchase d a boa t to retire in . They have been in thi s communit y a long time . I went to the ir home, it is we ll kept, it is bea utiful and th ei r bac k yard . if you ever need to relax , if th ey don 't ki ck yo u ou t of there , is ve ry peaceful and well groo med. They would like to put s~methin g there to protect thi s huge in ves tm cnt ... th cy wo ul d like to reti re on this boat. And like sim ilar co mpl aint s tha t I have heard , beca use they arc la w abiding peo ple , th ey call ed and tried to gel th e informati on on how th ey co uld put a cover ov er this . They see a Ira of these covers and they wo uld like to put one in th eir back yard . They we re to ld a lot of thing s th al aren't tr1Je. It is no t going to be co nnec ted to 1hc property . They were told it had to be mad e out of the same material as th e property . T hey be lieve they got a lo t of double speak and a lot of mi sinfor mati on. Thi s, combi ned wi th an experience fo ur or five years • • • Englewood City Council October 3, 2005 Pugc II pcrceniagcs . I look and I sec person nel and co mm odi ti es and thi s year th ere were minimal increa ses, as I und erstood it. I hBve wo rked wi th th e staff fo r six years and I have co me to have respec t fo r them . And I thi nk th at John 's cxerc iscs ... ha vin g us drill down ... brought out so me usefu l po in ts, bu! short or mi cro manag in g th e bud get, we did have discuss ions thi s year, from Ma y through Se pt embe r 241h . To me, I do know the num be rs and 1 keep ap pri se d of th em. I res pect our staff and I think th at our Cit y Co un cil docs as good a job. short of micro mana ging the dcpanments, as we ca n. We are policy makers . The dep artments run the gov ernment und er the City Mana ge r. I think th at we do our job, to the best of our ability . Somebody had requested th at Frank put in numbers about oth er citie s .. .l think there were fou r or five other cit ies. 1 was loo king at their Fund Balances and, ac tually . J go down to th e Auraria Campus a.II the time and read oth er budgets . It gave me the opponunity to look at these ot her communities and I think that is so n of where Bev is going . Th ey don't h11 ve 11ny recre11ti on focilities ... th ey make agreements for their citizens to use ce nain fa cilities in Greenwood Vill age. They pay into 11 Fire Di stri ct, as docs Littleton. Littleton ci ti zc ns ... Littleton citi ze ns. not Littleton Cit y governmcnt ... pay into a Fi re Di strict. What it brou ght home 10 me , once again , was that it is pretty amazing , for a City like Englt:wood, th at does n't have a lot of bi g box retail and doesn't ha ve a lot of room for growth, is cont inuin g to provide full se rvice ... full service . How many tax distri cts arc any of us paying into? SCFD ... SCFD whic h comes back to us ... and RTD . I just want to say that it i~ a diffi cul t and emoti onal process every year and so be it , money iss ues are always like th at. That is all I have 10 say . Coun cil Member Barrent ine sai d I am so rry. but I ne ver said that we were mi cro man aging . Ms. Wolo sy n sa id I didn't say you were. I said shon of micro managing and I gave my opinion. Ms . Barrentine said I sa id by Chaner we are obligated to do the budget. It is one of th e three jobs that we I re supposed to do and I find having any budget meeting wh ere we don 't disc us s finances is di sturbing. I am not intere sted in what Littleton does or what Littleton residents pay for or Greenwood Village ... we don't ha ve their mone y or their iss ues . I am interested in Eng lewood being the abso lute best that Englewood can be . It is not micro managing ... it is fulfilling our obligation as elected officials to ctn this budget. I was going to say I believe the process was a joke . l believe we need to take it more seriously and be more involved . Council Member Wolosyn sa id I am going to repeat one more time , 1, myse lf was dealing with numbe rs and I know John forces me 10 deal wi th num bers and it is one of the reasons I really appreciate working wit h him . And that is all I am going to say. Co unci l Member Woodward sa id 1 would like to just comment. At our meet ing on the Sib of September we looked at cutting and we did end up cutti ng $698,100 .00 out of 1he budget Coming back on !he 1211i of September, we , at that meet ing , looked at or di sc ussed and wanted to take a loo k at. .. if there were any possibilities or opportunities to cut an additi onal $100 ,000.00 out of the budget. And th at is how we ga l to our final budget . Now, I know. I wou ld like to th ink all of us go through the se budgets and spend a lot of time on them . I know I do . l feel re al comfortable and proud of lhe budget for 2006 and the proc ess we went through that goes back to May , when we had our initial meeting . And tha1 is all I ha ve to say about this . Council Member Barrent ine sai d in answer to th at th at is exactl y what I sai d. I said this had less to do with staff and the departme nt heads, than it did wi th Co uncil. We sa t there and we decided to ha ve these guys bring back $100 ,000.00 wo rth of cut s, yet 1he pet projec 1s of thi s Cit y Co un ci l we ren't even di sc ussed. There was n't even th e opportunity to di scuss pet proj ec ts, that arc $400,000 .00. Th ey weren 't even put on the table to be part of the di sc uss ion. You asked these guys to go back and nick el ;,.nd dime th eir departments and yet yo u were not even willing to have the discus sion on a $100,000.00 art spa ce. that isn't even in use. that wo uld have no impact on the co mmunit y at thi s time . Counci l Member Woodward sai d yo u put it on the table, Lau ren . Ms. Barrent ine sa id those were the iss ue s that I had . That is why I am embarras sed about the Co uncil, not the staff. They ca me back with their cuts. We didn 't offer up an yt hing . Co uncil Membe r Wolosy n sa id I am goi ng to offer one more thin g, Doug, and I am go in g to apo logize for having 10 do this , bu1 I have 10 do thi s for the peo pl e I work with. Th at Cultura l Arts space is not a frivol ous project. It is something that ha s been worked on for six years. People have been moving along , putting money away, and working on pannerships to provide a quality of life fac ilit y in thi s Ci ty, for very littl e money . Englewood Ans is actuall y goi ng to bri ng money 10 the tab le. Yes, I'm a champi on of the ans in the City . I believe that I do it in a modest way. that is respectful of the ot her bud gets and I know that I do . $400,000.00 work ed out ove r a long time , but we arc actua ll y going to brin g in exces s of $70,000.00 to the table to fin is h it. Over six years, th at is modes! and I am pro ud of it . I co mmend the pe opl e wh o work on it. I know it is going to be a great facility fo r perfo rmance, for mee tin gs. fo r sc hoo ls and fo r our communit y. I think ii is goi ng to be one of the many thing s th at mak es Engl ewood a full service City for a ve ry mode st amount of money . I wa nt to take thi s opportunit y 10 th ank th is Counci l. whi ch has[)'"" so good at he lpi ng me inch along on thi s, and the se peop le. Englewood City Council October 3, 2005 Page 12 Cou nci l Member Tomasso sa:d hi storica ll y, La urett. th ey said the sa me thing about 1he Recrea ti on Ce nter, before the Recreation Cente r was stancd. People were agains t the Rccrc.iti on Cc ntc r ... they co uldn 't sec what ii was going to bring 10 the community. Ms . Barrentfr1e said they voted for that. .. they brought it before a public foru m. They voted for a bond issue to have th ose things done . If you want thi s Art Center and the $100,000 .00 ... you arc right . she is right , the $100,000.00 is only a portio n of that . The whole amount is $400,000 .00 for thot roo m, of whic h a $75,000 .00 portio n, some portion ... is being paid for and it may be a littJ e more than the $75,000 .00. privately. It is a $400,000.00 room. If this community wants it , if they sec the value in it , then go make the case 10 them and have them vote for it. The S100,000.00 I'm talking abo ut is only the $100,000.00 that we are going to spe nd , of dollars that we have not even cttrncd yet and that wasn 't brought l0 a public process. Now. I am willing lo agree lhal if it goes through public process and people vote and it wins by 5 or 7 votes ... lhen that is the will of the people . We went ahead and did it. We did Pirates Cove . We did Oxford and we did the Malley Cente r. but people voted on it. This was an agreement that was done in a Study Session where I have to argue for things to be voted on in public , on the record, in Council . That is ridiculous and still embarras sing. Co uncil Member Wolosyn said thi s was vo ted for in public, period . Council Member Moore said Your Honor, I am proud of the effon that lhe six of us made to work together to come to a budget The results were not what I wanted, but I am only V6ca of the panics that participated . I respect everyone's effon. I respect the stat . ·s effon. I am proud of my vote and 1 think the Englewood resi dents ha ve a very strong Council lhat has served them well over the last four years in these hard time s, Th at is all that I would just like to add. 13. City Manager's Report City Manager Scars did not have any matters to bring before Council. 14. City Attorney'• Report City Attorney Brotzman did not have any matters to bring before Counci l. 15. Adjournment ETT MOVED TO ADJOURN . The meeting •djourncd at 8:2 1 p.m. • • •