HomeMy WebLinkAbout2005-10-17 (Regular) Meeting Minutes•
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ENGLEWOOD CIT\' COUNCIL
ENGLEWOOD, ARAPA HOE COUNT\', COLORADO
Regular Sessio n
Oclober 17, 2005
I. Call lo Order
The re gul ar meeti ng of the Englewood Ci ty Co un ci l wns call ed to ord er by Ma yor Garre tt at 7:33 p.m.
2. Invocation
The invocation wa s give n by Counci l Member Barrentin e.
3. Pledge or Allegiance
Cub Seoul Troop 172 presen1ed th e Colors and led th e Pled ge of Alleg iance .
Mayor Ga rren sai d thank yo u very mu ch.
Co un cil Membe r Bradshaw said very nice job.
Mr. Steve Yates sa id th ank you City Co un cil , I am the Pack Leader and thi s is Chri s Stibbs, anoth er leade r with our
Troo p. We would li ke to honor you with a Pack cheer for all of yo ur hard work in maki ng thi s City run . The Pa ck
gave the cheer and there was applause.
Ma yor Garrett sai d th a nk yo u for coming thi s eve nin g. Mr. Yates said th ank y u.
4 . Roll Call
Present:
A bse nt:
A quoru m was present.
Also pre se nt:
Co un cil Members Toma.c;so, Moore, 8 .i rren li nc, Garren. Brad shaw ,
Wolosy n, Woodwa rd
No ne
Ci ty Manager Sears
Ci ty Atto rn ey Bro tzman
Ass istant Ci ty Manager Fl ahe rty
Ci1y Clerk Elli s
Dep ul y Cil y Clerk Bu sh
Direc tor Ol so n, Safety Services
Fi re Marshal Greene, Sn fc1y Scrvkes
Director Gryglcw icz, Finance and Ad mini strative Services
Mana ge r St itt, Commu nity Devel opment
Direc tor Ea ton, Hum an Resourc e:.
Direc tor Kahm, Public Works
Direc tor Fo nd a, Utilitie s
Director Long, Library
Police Lieu 1e nan1 Sanch :z. Sa fet y Services
Fi re Capta in Pauarozz i. Safety Se rvices
5. Consideration of M inutes of Previo us Sessio n
(a) COUN CIL MEMBER WOLOS\'N MOVED, AND IT WAS SECO NDE D, TO APPROVE
TIIE MINUTES OF THE REGULA R CIT\' COUNCIL MEETING OF OCTOBER 3, 2005 .
Englewood City Council
Oclobcr 17 , 2005
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Mayor Garrell asJ..ed i f 1here were any rnmm cn1 s or cu rrec 1ions. Th ere \\ere none.
Vote results:
Ayes : Co un ci l Member s Barreminc , Moore. nradshaw. Ga rre ll. Wolosy n.
Wcnd ward, Tomasso
Na ys : None
Motion ca rried.
6. Recognition of Scheduled Public Comment
(a) Eri c Bertoluzzi . 4860 So uth Ga lapugo Street. said, I Cha ir 1he City 's Cu hural Arts
Co mmi ssio n a nd the Urban Renewal Au1hority . To ni glu I am here representing the Eng lewood Cultural An s Ce nter
Association, also known as Englewood Arts. As you know , our organization has participa ted in the draft ing or a
unique and importa nt agreement that , among other 1hings, requires us to prese nt a sub stan tial number of art s events
in the c ultural space, during eac h year of the agree ment We arc prepared and eager 10 fulfill thi s obli gati on wi th a
series of diverse artistic , educational and c ntcnainin g experiences des igned to provi de th e City with cuhural
enrichment. The agreement al so requires a contrib uti on of $75,000 .00 from Englewood Ans. 1 am pl eased 10
announce 1hat we have raised the money a nd we arc loo king fo rward 10 prese ntin g it to the Ci1 y, fo ll owi ng Council's
approval of the agree ment. Ju st a perso nal notc ... l think ii is preuy remarkable that an organ izati on as yo un g as
ours was ab le 10 succeed in ra is ing thi s significant sum of mo ney in less than a month fr om the time we announced
our mini-cap ital ca mpai gn. I wou ld lik e 10 1hank Mike Fl ahen y and the Cha ir of Englewood Ans, Jim Copenho.ver,
fo r dedicating !heir expertise in co mpos ing the agreement. And sin ce re th ank s arc also due to th e tea m of highl y
qualified profes sio nal s who have guid ed th e process of designing th e cult ura l space ... most notably Rick Kahm,
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Jerrell Bla ck and Da 11e Hender son . Now it gives me grca l pl easure to introdu ce th e tre as urer of th e Engl ewood Aris, •
Gary Kring , who wo uld like to make jusl a few remarks .
Mr. Kring sa id I am also here , not only as the trea surer of Englewood Aru, bur I am also the Preside nt of the
Schramm Foundati on. The Schramm Foundati on is th e lar gest single dono r 1owa rc' this .$75,000.00 project. The
Schramm Foundation has hccn giving money through out !h e Col orad o arc:i for ap .~ir ,nte ly 20 years and we ha,e.
ge nerall y speaking. been 11 , a project of giving a few thousand dollars to ma1:y orgaruzat ons. Typically . we wi ll
give anywhere fr om lwo 10 .ive thousand doll ars to abou1 70 Of 80 organi zat io1:s and th is yea r we rece ived over 200
gran t reque sts. r.e nai nl y. one of the gra nt req uests th at interC,!.~Cd us mos1 1,1.•as :he gran t rcq !•es t from Englewood
An s. w .. sec th i~ project as Schramm bei ng abl e to step forward 10 suppon u \.. ,iqu e project hr a unique
comm u1111 y. We we re especiall y pleased tha t the Ci ty of Englew ood . En glewood t\J .-. and the Englewood Schoo l
Di strict h:a s come together to pre se nt a viabl e ans pro gram fo r the students in the Ci! vfF.n glcwood . We be li eve
that th is roo m, when co mp leted, wi ll pro vid e many enjoyab le ex perie nces ... fir st fo1 tlu: resident s of the City of
En glewood , but also fo r people 1hroughou1 the entire Den ver area . I am pleased 10 also .rnnounce that beside s 1hc
gift fr om the Schramm Foun da ti on of SS0.000.00, there arc several ot her maj or gifl s that we we re abl e 10 rai se. as
Eric sa id, in a rcl a1i vcl y shon period or ti me. First. we ha ve the Gl.!or ge Shield s Foundati on, 1hroug h i1s Presi dent,
Bruce McDonald, who contrib uted $10,000 .00. We ha ve Bcn y Robinso n. an Eng lewood re sident in the aud ien ce .
who gave us S I0.000 .00 . We have Up Close and Mu sica l, an oth er non -profit orga ni za ti on. who will be a signifi ca nt
user of 1hi s spa ce , ga ve us $2.500.00 . We have Ms. But le r and Jeff Shoe mak er, two of o ur Board mcmhcrs 1ha1 each
co ntr ib ut ed $1.000 .00 . So, again, as Eri c said , th e fa ct that we were able to rai se thi s money in a rela ti ve ly short
peri od of time, I am l!X trc me ly pleased that we we re ab le to do 1hat. We co ngratu lat e th r. Cit y on movi ng fo rwa rd
wi th thi s projcl'I and I per sona ll y look forward to many great times here . Th :111k yo u.
7. Rccognlllon or Unsch eduled Public Com men I
(a) Rac hel Lord. 10 17 Perth Street , Auro ra, said I think we arc on the 1hird draft of 1hc
refle xo logy ordinance. I wa n! 10 th an k th e Counci l fo r workin g with 1hc rc nexology co mmunit y, because I think we
arc just abo ut lh c,c . h 1s loo king good . There arc just th ree minor points th ut I wa nt ed to poin t out to everybod y
tonight . Hopefu ll y, th ese can be reso l\'e d and ma ybe we can eve n have 1he fir s! re adi ng ... ! don't kn ow wha1 yo ur
proc edure is, bu t here arc my three po ints. The y arc prcny simpl e. I think . The fir st onc ... we had already deci ded
to add th e word "cx 1crnal ear" to 1he dcfini1i on ... working on the feel , a nd th e hands and the cxlermtl e:1r. And there
is just o ne pla<:c where it was omill cd , ii was acc identa ll y omitted , th :11 word , and i1 is in the de fini tion of
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Englewood City Council
October 17, 2005
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rc ncxo logy and th en rig ht under the definiti on it says "Rencx ologist/Re nexo logy Pract it io ner" and the wo rd
"ex te rna l car" isn't in there . It j ust sa ys ca r, so we need to add th at fo r co nsis tency . Then th e next one is und er th e
'"Educ ati onal requirement s" ... under "(C) (2) (i)" and it has 10 do wit h lhc num be r of hour s. It asks fo r 200 hours of
training , including a minimum of 100 hours of superv ised cla ss instru ctio n in refl exo logy and it was n't 100, it was
110 ... when it talked about according to the Ameri ca n Rcnexology Cert ifi ca ti on Boa rd s1trndard s ... ii was 11 0, so we
wanted to be co nsistent th ere and chan ge the 100 to 110. Then th e very la st one was where we incl uded the
Transi tiona l Peri od in Section 2, on the las t page ... it is th e people who haven't qui~ met the educati onal sta nd ard s,
thi s is the grace period tt.at we arc talk ing abo ut, where people can get up to snuff un thei r educa tio na l standards . It
says they need to show evidence of co mplet io n and it rea lly should say ... of a reflexology program ... not a ce rti fied
program , becau se there are so man y different programs out there . If we just say tha t th ey have had so me training to
show th at th ey con do refle xology and then have thi s grace period to get up to th e ed ucatio nal stand ard s tha t we
stated be fore . That see ms ad equate to me.
Cou ncil Membe r Bradshaw said so yo u wa nt 10 strike the word "certified'"! Ms. Lo rd sa id yes, I am just asking 10
take th at word "c cnificd " out and just say "evidem:e of co mpl cti un of the progra m"' becau se 1hcre are many different
programs out there ... and just zaying the y ha ve had so me basic trni ning in refle xology and now they can go out and
ge t what we arc asking them to have in the ord inance. Those arc my three points and l th ink the y are pretty simp le
and stra ight for ward and hopefully we can just. .. I don't know ... ma ybe ha ve a meeting 1onig h1 on th is.
Ma yo r Garrett sai d it is on the agenda and we will talk about it when we get the re.
Ms. Lord sai d that would be great , and once agai n, th ank yo u for all yo ur cooperati on a nd interest in th is . As a
co mmunit y, we reall y appreciate all yo u have done.
• Ma yo r Garrett sai d th ank yo u very much.
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8. Communications, Proclamations and Ap pointments
(a) Proclam"lion declaring October 2005 as "M ee t the Blind Month " as spo nso red by the
Nati onal Federati on of th e Blind was co nsid ered.
COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING OCTOBER 2005 AS "MEET THE BLI ND MONTH" AS SPONSORED
BY THE NATIONAL FEDERATION OF THE BLIND .
Ma yor Garre n asked if th ere was any disc uss ion. There was none .
Mot ion carried.
Ayes : Co uncil Me mbers Barren tin e, Moore, Brad:-ihaw . Ga rrell . Wo losyn,
Woodward. Tomasso
Nays: None
Mayor Ga rren prese nted the proc lama tio n to Jeremi ah Be as le y, Presid ent of th e NFS of De nve r. and Bre nt Batron,
NFB Boa rd Membe r.
(b) Procla ma1ion decla ring the wee k of Oc tober 17 -2 1. 2005 as Fi re Preve n1i on Weck wa s
consi dered.
COUN CIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED , TO APPROVE A
PROCLAMATION DE CLA RING TH E WEEK OF OCTOBER 17 -21, 2005 AS FIR E PR EVE NTION
WEE K .
Mayor Ga rrell asked if th ere was any discussio n. There was none .
Ayes: Co unci l Membe rs Barrentine . Moore , Brad shaw, Garre tt , Wolosy n,
Woodwa rd , To masso
Englewood Clly Council
October 17 , 2005
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Nays : No ne
Moti o n carri ed .
Mayor Garren presented the proclamati o n to Fi re Ma rs hal Greene.
Fire M arsha! G ree ne said I ha ve a few commen1s 10 ma ke befo re we ge1 o n wi1h 1he rea l fun stuff o f presenti ng
awards. A iilllc bi1 abo u1 Fire Prevention Week. This marks the anniversary of th e Great Chi cago Fire of 187 1.
Thot fire burr.c.d for severa l doys. cloimed more than 250 lives ond des troyed more th an 17,()()(; buildin gs in
Chicago . Fro m tha t came the Ch ic ago Buildi ng Code. th at o utl a wed an y structures being built r,ut o f wood, which I
believe is still in place loday. They c a n o nly be built ou1 of masom y. There have been scvera: other tragedies that
have occ urred, s uc h as the 19 11 Triangle Shinwa ist Fac1ory fire that claimed 145 vic tims. From th a1 fire , in
conjunction wi 1h the Coconut Grove ni gh1club fire o f 1942 th at claimed 49 1 vic1 ims. came n lot of o ur requi rements
fo r exit ing o ut o f bui ldi ngs a nd the requirements for exi t doors not to be locked or blocked . These are just a few of
the major tragedies tha1 prompted muc h needed reform in foc using public educati o n on fire prevrnti on a nd fire
safety . In 191 1 the F ire Marshals Association of North American procfa imed th e natio ns firs l Fire Prevention Day.
Then in 1925 ,. resi dent Calvin Coolidge declared Fire Preve nti o n Week as a n offi c ial natio nal o bservance. This
year the th eme is ''Use Candles with Care". This was especially imponant in Englewood. In the last 1hree years, we
hiive suffered three ho use fires attributed to the mi s use o f candles. The F ire Division he ld prese nuuio ns in s ix
schools and thi s year the team was: Bri an Baker known as Chuckle s lhe Chief, Greg Weaver kn own as Bunker, Jay
McCann known as Ti ller and Mike Osgood, who unfonuna1el y coul d not be here to night, who also dealt will',
Sparky. They will be com ing up to he lp us with the presentati o n tonight alo ng with some other "victims". The
students were asked to make a pos1e r abo ut fire prevention. The po ster co ntest thi s year was sponsored by the Bun
Auto moti ve Gro up. For the la st several years, the judges have been very we ll re spected members of th e community
and thi s year was no exception. This year we were lucky enough to ha ve : Ma yo r Pro Tern Olga Wolos yn. again,
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Council Member Beverly Bradshaw. again a nd 1h unk yo u very mu ch, A.J . Guanella, Vice Preside nt Bun C hevrolet, •
showed up 10 help us judge. He was also an Englewood res ident and went to Engle wood Schools so it was really
special 10 ha ve him here. Deborah Garrity, Direc tor of Marketing fo r th e Bun orga ni zatio n, was the contact I
wo rked with this year and who has been absolute ly incredibly generous to th e Fi re Preventi o n Week a nd has been
very suppon ive.
Marshal Gree ne said now before I get o n to th e award s yo u probably noticed th ere is a banner o ut the re from
Meadow Gold Dairies. Meadow Go ld , fo r the la st several years has spo nsored the awards to the classes th at have
had the mosl panicipati o n in the Fire Preve nti o n Pos1er Conte st. They provide ice crea m and the firefighte rs take
the ice cream in for a n ice cream soc ial in10 rh ose cla ss es. It is a real spec ial time fo r the kid s 10 be rewarded agai n
for their effons in the Fi re Prevc n1i on Poster Conte st.
(c) Recognitio n o f the Fi re Pre \'c ntio n Weck S1ud c nt Pos ter Contest Winne rs.
Fire Marsha l Gree ne anno unced the 2005 Fire Pre ventio n Poster Co nt est W inne rs :
Cherrelyn Ele mcn1ary: I'' Plac e -Anna Schultz. 21111 P lace -Jerome Dohe ny. 3'd Place-Tara Ea stwood
Bisho p Elcmcma r y: 111 Pl acc-Annas1asia Gah a n. 2nd Pla ce .Nicole Mendoza. 3rd Place-Kaylie John so n
Char les Hay: 111 Place-Kyndon Tancr. 21111 Pl:ace-Mikaela Long. 3rd Place-Sage Sherma n
Maddox Elementar y: 111 Pl ace -Tamara Comi ns. 200 Placc-Brinany Hall . 3111 Place -Cait lin R:a smu ssc n
St. Lo ui s Elemen1ary: l \1 P lace -Kri stina Gre.i torc x. 2111.1 Pla ce-Kat ie White .3'd Place-Jade Cafasso
All Soul s Elcmcn1:ar y: I" Pl.ace-Carly Bu c hler. 2nd Place-Me li ssa Brunkala, 3'~ Place-Josh Hamburg
Chief C huckles, Bunker. T ill er. ~ta yur Garrett a nd Ms . Garril y. assisted Fi re Marsha l Green in the prcs-..11tati o n of
lhe awards.
T he winners were each give n an <·nvcl o pc with 1heir cash pri ze . 111 Pl ace -$25 .00. 2nd Place $15 .00 and 3'd Place
SI 0.00.
All 1he winners were given a round of a plause .
f-i re Marshal Gree ne said I wo ul d m..c 10 in vi1 c 1he winners and their famili es to juin us in th e Communi 1y Room fo r
a brief recep1i o n.
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Englewood Clay Council
Ocloher 17 , 2005
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(d) Coun cil recessed fo r a bri ef Rece pti on in th e Co mmunit y Roo m IO 11onor th e F ire
Preven ti on Week S1udent Pos1er Contest Winners.
The mee tin g recessed at 7:59 p.m.
The meeti n 1t.. .. •1 nvcned at 8:18 p.m., with nll Co un cil Members presc m.
9. Consent Agenda
(a) Approval of Ord inances on First Readin g
There were no additional items submitted for approva l on fir st reading . (Sec Agenda Item 11 .)
COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I) lhrough (b) (v).
(b) Approval of Ord inances on Second Reading
(i) ORDINANCE NO . 44 , SERIES OF 2005 (COUNCIL BILL NO . 41, INTRODU CED
BY CO UNCIL MEMBER BRADSHAW)
AN ORDINANCE AMENDING TITLE 5. CHAPTER 3, OF THE ENGLEWOOD MUNIC[PAL CODE 2000
PERT AINTNG TO ALCOHOLIC BEVERAGES ,
• (ii) ORDINANCE NO . 45 , SERIES OF 2005 (COUNCIL BILL NO. 42, INTRODUCED
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BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VENUE BY THE Cl l'Y OF
ENGLEWOOD. COLO RADO.
(iii) ORDINANrE NO. 46, SERIES OF 2005 (COUNCIL BILL NO . 48. INTRODU CED
BY <:DUNCIL MEMBER BRADSHAW)
AN ORD INANCE GRANTING THREE UTILITY EASEMENTS TO PUBLI C SER VICE COMPANY OF
COLORADO (dba Xce l Energy) FOR INSTALLATION OF NE W GAS MAIN S AT 2900 SOUTH PLATTE
RIVER DRIVE (Li ulct on/En glc wood Wa stewa1cr Treatment Plant ).
(iv) ORDINANCE NO . 47 , SERIES OF 200 5 (COUNC IL ,3 JLL NO . 49, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINA NCE AMENDING TITL E 5. CHAPT ER 14. SECT ION 3. ARB')R '.'ST OF THE ENGLEWOOD
MUN ICIPAL CODE 2000,
(v) ORDINANCE NO. 48, SERIES OF 2005 (COUNC IL BILL NO . 50, INTROD UCED
BY COUNCLL MEMBER WOLOSYN)
AN ORDI NANCE AMENDING TITLE 4. CHAPTER 4, OF THE ENGLE WOOD MUN ICIPA '. CODE 2000.
PE RT AINING SALtS AND USE TAX .
Vo le resu lts:
Ayes: Co uncil Membe rs Barrc n1in e. Moo re, Brad shaw, Garre ll , Wvlusy n.
Woodward, Tomasso
Nays: None
Engl ewood Cit y Co undl
October 17, 2005
rage 6
(c) Rc so lu,1un~ and ~foti ons
Th ere were no ad di1ional 1csolu1i ons or mo1iu ns submitted for appro \'a l. (See Agenda It em 11 .)
10. Public ilr:nri ng IH•nb
No pu blic hea r.,,~ 1·,.1: -..·ti cd ulcd before Council.
11 . Ordin11n ccs, Reso lution und Motions
(a) Approval of Ordi nances on Fi rsl Reading
(i) Dirc1. ·or Gry g cwicz pr'!S-t"rited a recom mend ation fro m the Department of Fin ance a nd
Ad mini strativ e Services 10 adopt a Bill fo r .,, r---:ir J•.. ,me nding the Englewood Mun icipa l Code pertai nin g 10
Ma ssa ge Therap y Li ce nsi ng. He said thi . i!:" :. ••ill i .,~ m I rdinance making changes to Til le 5, Massage Therapy.
Thi s was di sc ussed a co uple of times wi 1h Cr 1,--:,.,,l a l ;11t.'.!y Session and 1he changes proposed are (1) exempling
refl exo logy nnd refl cx ok,gy practiti one rs,"/•. ·h •,,,,I !Jc ad dre !iscd wi th the nex t bill fo r ordin ance addi ng that and
th e oth er change we are reques tin g is und er J'>roc ;· of Pro fe ssio nal Liabi lity ln suram:e.
Mayo r Garrett asked if there were any qu esti on s i ·,r Mr. GrygJ ~wicz . There we re none.
COUNCIL MEMBE R BRADSHAW MOVED, AND IT WAS SECOND ED, TO ArPROVE AGENDA IT EM
11 (a) (I)· COUNCIL BILL NO. 53.
CO UNCIL BILL NO . 53, INTRODUCED BY COUNC IL MEMBER BRADSHA W
A BILL FOR AN ORDINAN CE AMENDING TITLE 5, CHAPTER 5 , SECTIONS 2 AND 3, OF THE
EN GLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPT ING
REFLEXOLOGISTS AND CLARIFY , G IN SURANCE REQUIREMENTS .
Mayo r Ga rrell as J...~d if 1herc was any di sc ussio n amo ng Cou nci l. There wa s none.
Vote results:
Moti on curri ed.
Ayes : Co um:i l Members B:mc n1ine, Moore, Brad shaw . Garrett, Wolosy n,
Woodward, Tomasso
Nays : No ne
(ii) Director Gryg lcwi cz pre se nted a reco mm end ati on fro m !he Departmenl o f Fi na~ce and
Ad1.1inistra tivc Se rvices 10 adopt a Bill for an (' iinancc amending 1h1· Eng lewood Municip al Code pertJi ning to
Re nex ,,logy Li censin g. He said this bill for an l,1di nance add s a rer. ... xology licen se 10 Titl e 5 of the Engl ewood
Muni cip:i.l Code, as di scus sed b y Rac hel Lord earli cr in th e evenin g. I'm 110 1 exac tl y sure how th e word in the
de fini ti on ... "cx tcrna 1·· wa s omitted. but th at should be there. and we reall y don ·1 have a prob lem wi th the other
recom me nd ed changes at thi s time.
Ma y11r Garrell s:ud go with the three suggcstiuns . Mr . Gryglcwi cz said lhi s pra cti ce is ac tu all y in ils infancy and I
think ii wi ll evolv e ove r time. I sec d1angcs down th e ro :id poss ibly. but if we add thi s 10 th e Code, we ca n mo\·e
fo rwan.i from th ere. I think it wo rks for the pra ctiti oners that he lped us wi th lhi s and it work s for th e Cit y.
Ma yor Garrell as ked if there were any q ucslions for Mr . Grygl•·wkz. Th ere were none .
t::OUNC IL ME~tBER WOODWARD MOVED, AN D IT WA S SECONDED , TO Arl'ROVE AGENDA
ITEM 11 (11) (II). COUNC IL BILL NO. 52, AS AMEN DED.
COUN CIL BILL NO . 52. INTRODU CE D BY COUN CIL MEMlll.ll WOODWARD
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Eng lewood City Council
October 17, 2005
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A BIL L FOR AN ORDINANCE AMEN Dl 'O T !''"LE 5, OF TliE ENGLEWOOD MUNICIPAL CODE 2000
W!Th THE ADDlTION OF A NEW CVi fu•rER 8, PE RTAINING TO REFLE XOLOGY .
Mayo r Garrell asked if there was any discus sion amo"'g Council.
Mayor Garrett said Cit y Altomey Brotzman , as-t y..iu l:omfortabl c with the modifi ca tio ns? City Attorne y Brotzman
said yes.
Ma yor Garrett said we would like to point out , fo r those ,. o arc running fo r office, th at this will be on 1he agenda
November 71ti for seco nd reading, so just be aware that if you arc si ning up here among us, yo u will ge t to vo te on
thi s.
Council Member Barrentine said do me a fa vor and clMify the three?
Mayor Garren said yes. The three are ur,dcr Definitions, Secti on 5-8-1, Page 1, addin 9; the word "external" before
the word cnrs under Rdlexol.Jgy/Rcflexology Practiti oner , in the second li ne ; undc1 Section 5-8 -3 C.J ii, changin g a
minimum of ••100 hours" 10 a minimum of "I 10 hours'' and the n under 5,.~ti on 2: 1 ransitional Period, removing the
word "cenified" in the third line .
Council Member Barrentine said thank you.
Mayor Garrett asked if there was any other di sc uss ion. There was none .
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine , Moore , Bradshaw, Garrett. Wolosyn.
Woodward, Tomasso
NJnc
(b) Approval of Ordinances on Sec ond Reading
(i) Council Bill No. 43 , approving the 2005 Mill Levy for co llecti on in 2006 woe considered .
COUNCIL MEMBER WOLOSYl'i MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· ORDINANCE NO. 49, SERIES OF 200S .
ORDINANCE NO . 49 , SERIES OF 2005 (COUNC IL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EAC i-1 DOLLAR OF THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO.
Ma yo r Garren asked if th ere was any di sc ussio n. There was none .
Vote results:
Ayes : Counc il Mcmtx:rs Barren tine . Moore , Bradshaw. Garrett, Wo losyn.
Woodwa rd , Tomasso
Na ys: None
Motion carried .
(ii ) Coun cil Bill No . 44, adopting 1he 2006 Bud get [or th e Cit y or Englewood was
co nsidered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM
11 (b) (II)· ORDINANCE NO. 50, SERIES OF 2005 ,
Eng lewood City Council
Octob<r 17, 2005
rage 8
0 DINANCE NO . 50, SER IES OF 2005 (COUNCIL BILL NO . 44 , INTRODU CED BY COUNCIL MEMB ER
BRADSHAW)
AN ORDIN ANCE ADOPTIN G TH E BUDGET OF THE CITY OF ENGLEWOOD. COLOR A 0, FOR Tl IE
FISCAL YEAR 2006 .
Mayor Garre n asked if 1h cre wa s any di sc uss iofl .
Co unci l Member Barrentine said I will be votin g agai nst it fo r th e rea sons that I stated bcf l re. I don't need to go
into it again unl ess so mebod y wa nts 10 hear them . Ms . Brad shaw said no th ank you. Ms Barrenti ne sa id okay .
Vote resu lts :
Ayes: Co u11 cil Members Moore , Brad shaw , Garre tt , Wolosy n, Woodward, Tomasso
Nays : Counci l Membe r Bnrrenline
Moti on carri ec!.
(iii ) Counci l Bill No . 45, appropri111ing the 2006 Bud ge t for the Cit y of Englewood was
considered.
COUNC IL MEMBER WOLOSYN MOVED, ,.ND IT WAS SECON DED, TO APPROVE AGENDA ITEM
II (b ) (Ill)· ORDINA " .CE NO. 51 , SERIES OF 2005 .
ORDINANCE NO . 51, SERIES OF2005 (COUNC IL BILL NO . 45. INTROD UCED BY COUNCIL MEMBER
WOLOSYN )
AN ORDINANCE APPROPRJ.\T ING MONIES FOR ALL MUN ICIPAL PURPOSES IN THE CITY OF
ENGLEWOOD , COLORADO. FOR THE FISCAL YEAR BEGINN ING JANUARY I 2006, AND >;N DI NG
DECEMBER 3 1. 2006, CO NSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATIO N BILL FO R
THE FISCAL YEAR 2006.
Mayor Garrett asked if there was any discuss ion. There wa s none.
Vote results:
Aves : Coun cil Members Moore, Brad shaw. Ga rrett . Wolosyn. Woodward. Toma sso
N~y s: Council Member Ba rrentine
Mo ti on ca rried .
(iv) Co unci l Bill No. 46, adopting the 2006 Budge 1 for 1he Littleton/Englewoo<! Wastewate r
Trcatmeni Pl an t was con sidered .
COUNCIL MEMBER BltADSHAW MOVED , AND IT WAS SEC OND ED, TO APPROVE AGENDA ITEM
11 (bl (iv) -ORDINANCE NO. 52 , SERIES OF 2005 .
ORDINANCE NO . 52 . SE RI ES OF 2005 (COUN CIL BILL NO . 46 . INTRODUCE D BY OUN CIL MEMBER
WOODWARD)
AN ORDINANCE ADOPT ING TM E BUDGET FOR Tl-IE Lll7 'LETO N/E NGLEWOOD W i\S'l'E\\' ATER
TREATMENT PLANT FO R THE FISCAL YEAR 2006 .
Mayor Garrell askc\1 if there wa s an y di scu ssio n among Cou nci l. There w :; n'lnc.
Vote results:
Mmion ca rri ed.
Aye s: Cou ncil Members 13:irmu inc. Moo re. Brad )lhaw, Garrett. Wolosy ,·
Woodward . Ton•asso
Nays : None
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Englewood C it y Co uncil
October 17 1 2005
P uge 9
(v) Council Bill No. 47, app rop ri atin g 1he 2006 Bud ge t fo r the Littlcl on/Englcwood
Waste water Treat ment Plant was co nsid ered .
CO UNC IL MEMBER TOMASSO MOVED , AN D IT WAS SECONDED, TO APPROVE AGENDA ITEM
I I (b) (v) • ORDINMICE NO. 53, SER IES OF 2005 .
ORDINAN CE NO . 53 . SERIES OF 200 5 (COUNC IL BILL NO. 47. INT ROD UC ED BY CO UN CIL MEMB ER
WOODWARD)
AN ORD INAN CE APPROPRIAT ING MO NIES FOR THE LITI'LETON/E NG LEWOOD WASTEWATER
TREATMENT PLANT PURPOSE S IN Tiffi FISCAL YEAR BEGINN ING JANUARY · .. 2006. AND END ING
DECEMBER 3 1. 2006 . CO NSTITUTING WHAT IS TERMED THE ANNUAL APPROl'R IAT ION BILL FOR
THE FIS CAL YEAR 2006.
Mayor Garrett as ked if there wa s an y di sc uss ion. There was none .
Vole results:
Moti on carried .
Ayes : Council Membe rs Barren tine, Moore. Bradshaw , Garrett, Wolos yn ,
Wood ward . Tomasso
Nays : None
(c) Reso luti ons and M1 tions
(i) Commu nity Developme nt Mana ger Stitt presented a rec ommendati on from the
Communily Devel opmen l Dcpllrtmcnt to adop t a Resoluti on to approve a loa n 11pplica1i on 10 suppon !he acti vilics of
the Housing Rehabilitation Enterpr ise Fu nd and 10 fund the acqui sition of2394 West Wesley Avenue . He sai d !hi s
is a moti on to approve a loan req uest with Colonial Bank fo r the sum of S410 ,000 .00 to assist in the acqui sition of a
piece of pro pert y at 2394 We st Wesle y Avenue. th at Council ha s previ ously author ized . And, also, to carry on
ad diti ona l hou sin g rehabilitati on program operat ions. especially the ACT S Program house ... the stude nt built house
in lhc Ci ty of Englewood. The te rms for th is parti c ular agreemen 1 arc si milar to pa st loans that we have rccei \'Cd
from Col oninl Bank . The term s of th e agre<:mcnl are: it is a one year Imm. 1hc intere st ra te is 5.5% wilh interes t due
qu ar1erl y and it is similar 10 the loa n that wt.· rec ei \'e d fr om Co loni al Bank fo r th e pu rchase and ;t.'f1.i b of 4165 So uth
Washingt on Street. Current ly. the Housing Pro gram ha s in excess of S 1.000.000.00 of housing im,~!ory . It is just
at thi s point in lime, we don't have 1he liquid r.as h to close on the We sley pro pcn y and also to co nti nue fundin g lhc
rehab programs. We ant ici pate that we ma y ha ve a co upl e of houses lhnt will se ll by the end of lh e year and
de pending on whic h co mbi na ti on of houses se ll . we will be ab le 10 pa y off the lo:m and remain in lhe black in the
bud ge t for the re ma inde r of th e year.
Mayor Garre.I as ked if th ere wert-a1.y qu estio ns for Mr. Stitt .
Co uncil Membe r Woodw ard said in 1hc :-cco nd 10 last para graph . th e one ri ght :1bo vc th e finan ci al impact on rage 2,
the very lust line, ii say s "th e loan Wt il be full y re paid to Co lonia l Ba nk when the homes arc so ld ". Is there any
outside date on th at, an y date cenai n ,,s for us when that loan would beco me due'' Mr. S1iu sai d it \\i.)U ld be du e in
one year. Mr . Woodwa rd ~a id okay ... whcn they arc so ld or one ye ar '! Mr . Still ~'li d that is co rrect. Mr . Woodw ard
~a id okay and arc lhcre any options to renew it'! Mr . S1itt said no. there arc not. although we co uld renego ti ate the
loan with Co lonial Dank . but we full y ant icipate that the fi ve prope rti es 1,•e have fo r sale will be sold within th e next
twe lve months . Mr . Woodward said oka y.
Mayor Garrell asked if th ere were an y more que suons for Mr . Sti lt. There were none .
COUNCIL MEMBER URADS HA W MOVED , AN D IT WAS SECO NDE D, TO Al PROVE AGENDA ITEM
11 (c) (I) -RESOLUTION NO . 79, SERI ES OF 2005.
RESO LUT ION NO . 79. SE RIES OF 200 5
Englewood City Council
Oclober 17 , 2005
Page 10
A F'.SOL ;JTION AUTHORIZING THE APP LI CATIO N FOR A LOA N FROM CO LONIAL BANK TO THE
CITY OF ENG LEWOOD. CO LORADO TO FUND THE HO US ING RE HABILITATION EN TERPR ISE FUND .
Mayor Garre tt asked if the re was any di sc ussio n among Cou 1ci l. There was none.
Vote results :
Moti on carried .
Ayes: Cou nc il Membe rs Barrc:n lin e, Moore. Orads ha w, Garrell. Wolosyn,
Wood ward . Tomasso
Nays: None
(ii) De put y Ci ty Man ager Flahcny prcse n1cd a recom mend atiC'ln from th e City Ma n:-icr's
Office to adopt a Reso luti on to approve a Use Agreement wi th the Englt..wood Cu ltural Arts Center As soci ,1tion.
d.b .a., E-Ans, for the non-exclusive use of the Cultural Arts Space at Civic Ce nt er. He said this basicaJ'y r ,l(..._ 1h1 e
significant things. First , it doc ument s the $75,000 .00 contributi on that Englewood Art s will make to th e-
cons truction of the space , whi cn Mr . Bcnoluzz i ear li er thi s eve ning spoke to . ll defines respo nsi bilities fo r lb'! oy
Englewood Ans , including the terms and co nditions of use, insurance requirements , et c. and finall y it es tabli shes
pri ority fo r use by Englewood Arts, in co ncurrence wit h th e Museum of Outd oor Arts .
Mayor Garrell as ked if the re were any que sti ons for Mr . Flahert y.
Co uncil Member Wocxlward sa id just a co uple ... J guess background . Th at fir st paragrap h that E•Arts has pledged a
minimum of $50,000 .00 , which is now $75 ,00G .007 Mr. Flaherty said it is now $75,000.00 ... th nt is co rrect. Mr.
Woodward said then under the 8.8, the Notices, thi s is a qu es tion I gue ss for Cit y Attorne y Brotzmnn ... si nce MOA
is now a pan of this agree ment, shouldn 't they be listed under the Notice'! Mr . Brotzman said yes.
Mayor Garrett said arc there any other ques tio ns for Mr. A nhert y. There were none .
COUNCIL MEMBER WOLOSYN MOV ED, AND IT WAS SECONDED, TO APPROVE AGENl:.A ITEM
11 (cl (II}· RESOLUTION NO . 80, SERIES OF 2005 .
RESOLUTION NO . 80. SER IE S OF 2005
A RESOLUTION AU-':HORJZING A USE AGREEMENT BETWEEN ENGLEWOOD CULTURAL ARTS
CENT ER ASSOC IA", ;oN (dba E-An s), THE MUSEUM OF OUTDOOR ARTS AND THE CIT Y OF
ENGLEWOOD, COLORADO PERTAINING TO THE CULTURAL ARTS SPA CE AT CIV IC CENTER.
Co uncil Member Wolos yn sa id I do sit on the Board of Englewood Art s. I recei ve no benefi t from !ha t ot her than
1he grca l pleasure I 1ake in brin gi ng Arts to 1he co mmuni1y a nd •vor king wi th the man y peop le who 11olun 1eer their
time for thi s effort .
Mayor Garre ll as ked if1here was an y di sc ussio n among Co uncil.
Co uncil Me mber Barr<"nl ine said I will be voti ng aga inst il , pa rt of what l sa id before . I do have :1 hu ge prob lem
wi th a non•pro fit orga niza ti on wt-, recei ves mone y from the City in funding space, preferential trca 1mcnl when we
have two Ci ty Counc il members on ,heir Board. l think it is a co nfli c1 of int eres t. The ot her problem with the
money ... ( have stated that thi s is a 575 ,000.00 .:o ntribution, which l do apprecia te any effon from the comm un ity
when they are doi ng th at. but it is a S450 ,000.00 in ves tment fro m 1he City, so ... I just want to let everybody know .
Ma yo r Garre ll asked if th ere we re any other co mments from the Co unci l.
Co uncil Member Tomasso sa id 1 wo uld like 10 also state that I sit on the Boa rd . I beli eve th is will be a very
be neficia l expe nse th e Cit y is pull ing fo rward and be nefit s will out -weigh the expense in the long run . It wi ll bring a
lot of people int o City Hall and in to the City Ce nt er area a nd we should sec a 10 1 of ge nera tion of reve nue from thi s
situati on.
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Eng lewood Cily Council
Oc lober 17, 2005
Page 11
Mayor Garre ll asked ir 1here were j ny othe r comment s fr om Cou nci l.
Co unci l Member Woodward said I would just lik e 10 me nti on that I am 1101 un th e Board, but I am in suppon uf th is
and I lhink one of the item s tha t Lauren did mention ... it is an investment and I think ii is II rea l in vestme111 in our
comm uni ty , and tha t it is goi ng to ben efit. not only 1he An s. bu 1 the City, th e sc hoo ls and the co mmu nity in ge neral.
So. I am ver y much in favo r of th is . Th :ink you.
Co un cil Member Moo re sa id I ha,·e a questio n for Ci ty Attorney Brotz man . Dan , a confli ct of inl erest mea ns yo u
have a finan cia l in1ercst, is tha t correc1? Mr . Brotzman sai d correc t. Mr . Moo re said Ray and Olga do you have 11
fi nancia l intere st in thi s? Ms. Wolos yn and Mr . Toma sso sa id no. Mr . Moo re sai d thank you . Ms . Wolosy n sa id
thank yo u. Joh n.
Co uncil Member B:mentine said pa r1 of the , ,1l!abora1ive panners on he re have rece ived, an d so me or the arti sls
have received, preforc nlial treatment. beca use the y know peo ple on here, 1 be lieve th at that creates so me co nfli ct of
inlerest. David Ta ylor Dance Th eatre, I th ink anybod y wo uld be hard pressed with the $258,000.00 tha t we ga ve
him. to tell me what busi ness that he broug ht into thi s co mmuni ty. I wo uld like it to be u littl e bit more of a process ,
that was a littl e bit more al arms length .
Co uncil Member Moo re sa id for 1he proce ss ... ) want to clarif11• We have had th e po int of th e co nnict of interes t put
on the 1ab lc. do we need an opi nio n fro m the City Allorncy to clarify thal the two Co un cil Mcmber1 do not need to
recluse lhcmsc lves? I am asking. It has been put out th erc ... that there is po tenti al co nfli ct or interes t.
Cit y Attorney Brotz man said th e an swe r is ... thc re is no co nfl ic t or intere st .
Coun cil Member Barrcnline said I still be lieve con fli ct of interest is also a personal iss ue and my perso nal opi ni on
is , it is a nd that is all I was putt ing o ut. I ap preciate Dun givi ng us the legal op inio n on ii, but when peop le arc
benefiting, when yo u are th at close to the situat io n a nd yo u have made statements that this is so mething that you
have worked for , when Cit y money is being given to the C:\ICnt t"·.at we have provided mo ney , 1 wo uld li ke to see
these in the ruture be a little bit more at arms len gt h. That is just r.1y opini on .
Co uncil Me mber Moo re sai d. if 1 may. I unde rstand the co ncerns abo ut th e process, fo r the record, we ate law
makers. The reco rd will re fl ect thi s co nv ersa1ion. Confli ct of in 1erest is a lega l ! .. rm. The iss ue has bee n raised.
Our Cit y Allomey . it wi ll refl ec 1, has sa id it is not app licab le in the ci rc um stancc.c; So that legal term is not
appropriate fo r a body orlaw maker s to be using ... we ha ve to acce pt it as a legal term and use it appropri ately . So I
jusl wa nt to make surc ... l unders1and th e Ol hcr co nce rn s. The record shoul d dearl y refl ec t th at there is no co nfli ct
of interes t und er the lega l term here . That's what thi s body is . Thank yo u.
Vo te res ulls:
Moti on carried .
Ayes:
Nays:
Council Members Moo re . Brad shaw, Garre ll, Wol osy n, Wood w:ird , To masso
Co unci l Member Barrentine
(iii) Director Eaton prese nted a recommendati on fr om th e Human Re so urces Depanment to
ad 11 pt a Resoluti un to app rove re•appoin1 mcnt or those I lt:aring Orticer s on th e \i sl approved in 2002 to hear Merit
and Di sc iplinar y appeal s. She s:1id as Mayo r G:irrctt mt:nti oncd, the Ci ty Co uncil did pa ss a reso luti on in 2002 ,
appoint ing three qua lified Heari ng, Offi cers and the panel .o nce establ ished . ma y be reappo in ted by !he Counci l on
an ann ual ba sis . Staff is re co mmending that yo u do reappo int that list 1his eve nin g.
Mayo r Garrell asked ;r 1herc we re any quc sli ons for Ms. Ea ton. There were none .
CO UNCIL MEMBE R WOLOSYN MOV ED, AND IT WA S SECONDE D, TO APPROVE AGENDA ITEM
11 (<)(iii). R ESOLUTION NO, 81 , SERI ES OF 2005.
RESOLUTION NO . 81. SE RIES OF 2005
Englewood City Council
October 17, 2005
Page 12
A RESO LUTION REAPPOINT ING THF. HEARING OFFICERS T') THE LI ST OF PERSONS EL IGIBLE FOR
:.PPOINTMENT AS HEARING OFFICERS FO R DISCIPLINARY AND MER IT APPEALS .
Vote resd lts ~
Moti on carried.
Ayes: Counci l Members Barrentine, Moore . Brad shaw. Garre n. Wolosy n,
Woodward , Tomasso
Nays : None
(i v) Director Ea ton presented a recommendat io n from the Hum an Reso urces Department , by
Motion , to appoint a hearing officer in 1he Appea l and Req uest for Hearing on th e Di sci plinary Action regarding
Joshu a Cure.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT JOHN DIFALCO
A~ THE HEA RING OFFICER IN THE APPEAL AND REQUEST FOR HEARING ON THE
DISCIPLINARY ACTION REGARDING JOSHUA CURE.
Mayor Omen asked if there was any discussi on. There was none.
Vote results :
Ayes : Council Members Barrenti ne, Moore , Bradshaw, Garrett, Wolos yn,
Woodward, Tomasso
Nays : None
Motio n carried.
12. General Dlscuulon
(a) Mayor's Choice
Mayor Garrett did not ha ve any mancrs to bring before Co uncil.
(b) Council Members ' Choice
(i) Co uncil Member Barrentine :
1. She said I brought up a co uple of weeks ago, at the las t Ci ty Co unci l meeting, the co ncern th at I had on
1hings bein g decided in Study Ses sio n ... whe re th ings we re jusl ki nd of agreed upon or we all just kind of kn ew 1ha1
was what we were go in g to do and not being on th e record. And one of those things was th e dog park and initiati ng
that. One of the th in gs th at happen ed wit h the dog park was that we went ahead and agreed 10 ha ve a stud y done on
1hat, because it w!lS goi ng to be pul in a Flood Plain and wa 1er sludi es needed to happen. There was a Task Force
th at had been done . The ori ginal Ta sk Force sai d no, th ey didn 't wa nt 1his in Bellevi ew Park and Cushing ... and we
we nt ahead did so met hin g fo r. I think it was Cen tenni al, but thal was cos t vot:r. bi tive , becau se it was goi ng to be
aro und S 100,000 .00 at th e time . All of a sud de n here we ar e wi1h the water !ituJ y co min g back and find in g out th at
there was just kind of on agree ment th at we would do a dog pork . All th ose thin gs we re happe ning in Study Session
and not out here . So, in endeavori ng to try and mak e the se more of public record s. th at when peop le need to go bac k
and find out how so mething happene d, that ii is not on a bunch of tape s on St udy Session, th at they arc ac tua ll y on
the record and voted fo r. I felt that way abo ut th e Cultu ral Ans Roo m ... peo pl e getting toge th er and deci din g th at
they arc goi ng to do somethin g a nd then Co unc ils come and go and th en it is just, well we we re alway s goi ng to do
thnl . When the money is being spent is when it needs 10 be voted on ... when th e money is goi ng to leave, not th at it
was budge ted fiv e years ago, because that is not the money th at we are spending now . The dog park was never
voted on, I woul d like, if we arc going to move fo rward with the dog park , fo r there 10 be Bn offi cial vo te. The
informatio n th at was provided on th e dog park was not co nclusive, nor has the co mmunit y bee n in vo lved enough fo r
me to believe th at we need to move forw ard wilh this, at thi s time, for th e amo unt s of money that we arc
commi tt ing, not on ly now, but th e future. I wo uld make a molion that we nol go through with staning th e dog park
at thi s time.
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· Englewood City Council
October 17, 200S
Page 13
Mayo r Garrett said the mo1ion is 1ha1 we just appropriated funding in 1hc 2006 bud ge t, whi ch includes pan of lhcse
fund s. So. to make sure I am clear on the mo1ion. you wo uld like 10 hold off the appropriation on th e bud ge t item
itseln He said there arc 1wo pieccs ... it ism the budget :md al so we appropriated money . Do yo u want 10 withhold
the ap prop ria ti on or do you want 10 just 1ake it ou1 of the budge ! entirely ?
Ms. Barrentine saiJ I want to take it ou t of the budget rni :re ly.
COUNC IL MEMBER BARRENTINE MOVED, AND IT WAS ECONDED TO REMOVE THE FUN DI NG
FOR THE DOG PARK FROM THE BUDGET.
Ma yo r Garrett sai d I will seco nd the moti on for the purpose of the vote. He sa id there has been a motion and a
second on remo ving the dog park ... so vo tin g yes means you remove the dog park and no means yo u do not remove
the dog park .
Counci l Member Bradshaw snid Your Honor. I will be voling npmst this , because I do think we fo ll owed the
process. J think people need 10 pay ,mention during Stud y Se , _.-.s. pay attention during regular meetings, pa y
:mention during the budget meet ings. so I will be vot ing against 1 :tis .
Council Member Tomasso said 1 will be vol ing agains t ii al so since I heard no opposition to it durin g Publi c Hearin g
on the budget. There was no one here 10 speak against it.
Counci l Member Barrentine said now how in the wo1 Id was somebody supposed to know that we put something in
the budget? A Study Session is not an appropriate place for things 10 happen and there is no record on it. What in
the world arc we doing trying 10 say that. because something was put into a budget th at that is an approval process?
You had all of those peo ple th erc ... all of thi s process ... for two years . We gave them a place, land. we agreed, did
that in 1his roo m and we voted on it and said not a dollar of City money. but we would give yo u the propcny and yet
within in that shon a period oftimc ... now it has gone through a back door and becau se it got added 10 a budge!, then
that is a pu blic process? She sa id no, I am asking Ra y. how is th3t a public process?
Mr . Tomasso sai d public process is the budget. The budget was presented . The citizens had a chance to look al the
budget and if they disagreed wi th the budget that we prese nted to them , they had a chance 10 speak and come before
us and speak again st thal budget. 1 heard no one 1ha1 evening stand up and say ... wc do not like this budget , we do
not like thi s piece of the budget, we do not agree with thi s budget. There was no one and th at is on record, because
it is pan of our minutes. that no one spoke against the budget or any pan of the budget.
Ms. Barrentine said if yo u were co nfident that thi s wa s something that the com munity wanted. then why didn't we
have a Publi c Hearin g? So. we would like to ha\·: a Pub lic Hearing on wheth er we -:~ould have a dog park or not
and make it a linle bil more o pen 1han going !hro ugh a back doo r ... thal ii gm added 10 th e bud ge1 item .
Co un cil Member Wolosy n sa id I wou ldjus110 say, we di scu ssed thi s before . When we go 101he budget. we vmc for
a plethora of items and projects . This one in pan ic ular. I think , recei ved a 101 of public discuss ion. There arc many
thin gs that don't. I don·1 kn ow if we arc going to ha ve 1his process where we co me and vote again on every single
thing that every department spe nd s mone y on. I think ii would be very cumberso me .
Council Member Moore sa id I too think we foll ow public prcx.·ess . I wou ld like 10 di re~, the atte nti on tonight to
Agenda hem 11 (b) {iv) ... I don't hav e th e exnc t figure in fr ont of me . I 1hink it w; 111c1hing like $-l7,000.000.:>0
wa s all ocated 10 the Wa.s1ewa1er Tre atment Pla nt. lt is a budget Iha! is 40% larger 1h.m the City's budget. We did
not :.pend hours and hours reviewing that budget We are bein g asked to spend signi fi .:an1 amou nts of lime on a
550,000.00 appropria ti on for thi s budget It is my opi nion that we follow the proce ss. I am bo thered that we ha ve 10
di ssec t the budget and bri ng each item forward th at is objec1ionab le to a Cou nci l Membe r here . I .nn happy wi th th e
overall process. For those of yo u who don't know. the St udy Session is the opportunity where we get full flcd&ed
inlerac1ion . This sessio n s1ans at 7:30. II has a host of items on it. St ud y Session is where we gel more opportunit y
10 discuss things . lt is public, it is rccorde'1 and it is not inappropriate . Any of our dec isions that we ha\·e made
since I have been on Council. I don't fee l they were inappropriatel y hidden and I will vole no accordingly .
Englewood City Council
October 17, 2005
Page 14
Cnun...i l Member Woodward said I o.min 3grcr.mcnt. I think thi s iss ue ha5 gone on for years ... certainl y throug h th e
public process nn,J quite frank ly l resent th e term "back dooi". Stuc1y Sess ion i~ a public meeti ng. It is ava ilable . I
th ink th e Study Ses sio n agendas arc pos 1c:d and so ii certainl y •-••J'.i ,fo 't be through th e "back door", I think that is a
personal opi ni on and ll seems 10 get down to lh e items that, at t unes, it yo u are in Jisugrcerrien t wit h it, you want
thi s pub lic vote . And certain ly this item has probably been examined as much as any item 1hat 1 have been involved
with ove r the pnst 15 months that I have been on Council. So. I will definitely be vv:i ng no .
Counci l Membe.: Barrentine said I will have lo agree with your srutement lhal it is only things that I agree or
disagrci: with tho.t I want a public vo te o n. The Study Session is open, it is public, a nd it is a pl ace for us to di sc uss
things ... that is true. It is specificall y not s upposed to be where we decide things. Discuss, have information
provided, but not de'Cisions. That is no t th e purpose of the Study Session . 11 is not the proper forum for the decisio n
to be made and I have insisted on decisions not being made in Study Session regardless of whether I agreed with
the m or not. I used "back door" because I think that is a n appro priate ?:nn for that For all of a sudden for
something to just exist, for citizens who come to me a nd go, where did that get decided, where ca n I go and sec who
voted for that and how it was decided. That process should happen here by a vote when we are doing that process.
And hundreds of people here talking about the dog park issue and yes, I believe now that it has gone through a "back
door" process. Tha is why I am c alling this .vote.
Council Member Woodward said well at least I feel comfortabl e with yo u saying that is why you are calling it a
''back door" process ... you arc owning that as your opinion. I di sagree.
Council Member Barrentine said I don't think we do it with just this. I think we do it way too muc h. I think way
too many decisiuns get made in Study Session and they are not supposed to be made there. And so, I am going to be
very dili ge nt in making sure tha1 doesn't happen, so that when somebody asks me ... who voted and what
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happened ... they have got it o n record, in the minutes, in thi s Council, in this session ... in these meetings. not in •
Study Sessio n.
Vote results:
Ayes: Council Member Barrenti ne
Nays: Council Members Moore, Bradshaw, Garrett. Wolosy n. Wood ward, Tomasso
Motion defeated .
2. She said I wanted to thank Public Works . The woman whose hu sband was very ill nl the bcgirming of the
year ... he was in hos pi ce and we were able to put a handicapped sign out th :re ... it was important to her and it
mattered a great deal. Her husband passed away. She called me four days ago with a nother problem and lhat was
because she was dead ... and I thousht she so unded pretty good for a dead person. but apparently when she went into
a drug induced coma to take care of an illness, the State went ahead and killed her off. They sent he r deceased
husband a letter ex pressing their regret that she had passed away, so th ere was so me problem with some p .. per work
and because of our opportu nity 10 work together and 1he fact th at she was left feeling so good, f:he did all me. I did
ask her ... I had hoped I wasn't the first person she called, but at least by 5 o 'clock the next day we had her alive. I
wanted to make su re that I said something about the work a nd effort put forth o n the part of o ur •.~a unt y
Commi ssioner Susan Beckman and our Congressman Tancredo to clear this up. When she Ci'!,\;() back, she said that
the o ne thing that ~he wa s saddest abo ut , ~as that she wanted to say goodbye 10 Ladd a nd make sure that you guys
knew that shejusl didn't leave und didn't do anythin g ... let alone die on you guys. She ulso wanted lo th ank Public
Works ... and she would like Ladd to come and vis it her if he has a chance.
3. She said as a fo ll ow up o n UnDici, the new re staura nt taking over the Fratclli 's property, I wanted to thank
Public Works for goi ng o ut there a nd checking o n th at concrete , so thal they could go ahead and get th at process
1ake n care of while th ey are still under constructio n. rather 1han ha vi ng more interruptions. Hopefull y. they are
goi ng to be ope ning soo n a nd they won't have an interruption 10 their bus in ess in tr yi ng to fix that concrete outside.
I just wanted to tell you guys, thank you very much.
(ii) Counci l Member Moore said I need clarification , so I know whether I need to request
additional information. Two weeks ago Cou nci l Membc:r Barrentine rai sed co nce rns about Communit y
Dcvelopment. .. said th ey strong armed one of our citizens on a boat issue . Communit y Developml"nt s ubsequentl y
responded with th eir vers ion o f thi s si tuati on. Ir I may, I wo uld like to ask if the response received was adequate ,
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· Englewood City Co uncil
Oclobcr 17, 2005
Page IS
suc h 1ha t we know with rc spec 1 10 that iss ue wi th the But lers . Co mmunit y Devel op ment mere ly fo ll owed the rul es
th nt we hnd laid out for them and ir not. I wou ld like to think that we wi ll look furth er in to lh is. But Ms. B:irrentinc,
I would like to ask if you are comfor1ab le with th e re spo nse we had with respec t 10 th e Bml crs'!
Co uncil Member Barrentine sai d no . The origina l res pon se, when I had ca ll ed. fmm Ga ry Scnrs, our Cit y Manager,
wa s suspi cion in 1hat the y even co nrn cted tha t department 10 find out what th e ru les were . leading me 10 be lieve that
the prcfc re c wo uld ha ve been tha t th ey jusl go ahea d and do it anywny ... what they m:1de an iss ue of they shou ld
have j ust done it anyway. I gue ss bette r to ask fo r fo rg iveness . Unforiunn tely, th ey had dealt with the Buildi ng
Department be fore and because 1hey had had .. lo t of probl ems wi th 1ha1 proce ss in 1998 in buildin g a carpon, they
thought ii wise to go ahea d and try and make sure tha t th ey were following th e rules. In th at fiv e block area around
them . there ii.re alm ost 20 different addresses that I ha ve tha 1 have thi s exact sa me malcrial, either fobric or metal
tent. Now, if we are goi ng to enforce so methi ng. th en it need s to be enfo rced. lt is not att ac hed . It is in their back
yard . It is not perma nrnt. No. the an swer they gave is not ad eq ua te.
Mr. Moore said I.hen is it not fac tua l? Is !hat your concern ?
Ms. Barrenline said for what th ey are trying to do. fo r th eir purpose, it is nN ~ pe rm unenl stru cture, it is nol auac hed,
and th:y ilre being told they need to make it out of the same ma teria l. Th ere is not a co nsistency going on. Wh en I
go around and tal k to other people th at have th ese carpons ... SC"me or th em are using it like a patio, so me of them
have it where it h kind of a garage and some or th em have ii in their back ya rd where it is storace. so it is bei ng used
for different th ings . To put thi s in th e sa me area as being a carpon ... as a permanent structure , is not appropriate .
Mr. Moore sai d I don't know if perhaps La urctl can answer this for me. I was readi ng the UDC and I am just trying
10 di stin guis h if this is an iss ue wi th the UDC or if thi s is an iss ue wi th Community Deve lopm ent. I be lie ve yo u are
saying it is an iss ue wi th Commun ity De velopment. From the informatio n the y provided, it seems very clear to me
that thi s is wha1 ou r UDC ca ll s fo r. If it is jus1 yo u und erstanding the UDC, then I don't be lieve th ere is fun her
investigati on necessary. Was there something that I mi ssed in thi s co mmuni catio n from lhcm. th at th ey app lied the
wro ng section of the UDC to answe r the qu es tion?
Co uncil Member Barre nt ine sa id fr om the informati on th at the ci tizen ga ,•c me ... 1ha1 th ey we re using it as a carport,
th at it would be attac hed to the house and none of those th in gs we re true . Th ey arc not giv ing consistent informa tion
out. No . I don'1 think it ap pli es.
Mr. Moo re said I guess we don't have any Study Se ss ions coming up. We wi ll have 10 let th e nexl Co un cil address
thi s. I am go in g to act on my be half. wi th th e info rmati on th at has been provided ... , would li ke to apo log ize 10
Co mmun ity Develop men t. The record says it shows 1hem being acc used of be ing "strm:g armed .'' From th e
inform ation 1h a1 I am seeing, thcy fo ll owed, like it or not. they fo ll r wed the rul es that thi s Council and pri or
Councils cod if1cd . So. until I understand bcue r where they misac 1co, I am uncomfortab le with the record that are in
our minu tes thi s week reflecli ng th at 1hey be haved in such a ma nner. And until I can see otherwi se, I will go ah ead
and cx1cnd an apology on my beha lf. I would like tha t to be in lhe record.
Ms. Barrcmi nc sa id I be li eve when I used the term "strong armin g" ... l'm not sure 1 wa s talking abo ut the But lers, I
think I was talk ing abou t them not givi ng ac curate informati on and not goi ng out and checking. lik e on th e propcny
where th e ge ntlem an had to go out and gel :mother archit ect and go to the Coun,y Assessor who was ab le 10 give
them the a ... curat e informatio n, ahh ough it cos t him, I think , abo ut $5,000.00. Or th e "slrong arming" might have
co me int o play when I wa s ta lki ng about th e \:n and the money tha t the City has ava il able in tha t Enterp rise Zo ne ,
whic h is alm0st all of Broadway ... 10 go aheao and give them additi ona l money if they wa nt to up gra de and do signs,
but th at they we re "strong ar min g" pcl.)p le and th en mak ing them adhere to other ord inances , that th ey we re actually
gra ndfat hered into and using th is money "" bribe money . So I may not have bcc:n referri ng to the Bu tl ers with th e
"s 1ro ng arm ed" comment, bu t I don't apolog ize for usin g it.
Ma yor Garrett )lat d th ank yo u John .
(iii ) Co uncil Me mbe r Brad shaw :
Engl ewood Cily Council
October 17 , 2005
Puge 16
I. <;h e sa id the I-lo using Au lh ori ty is loo ki ng at building a new se nior hig h-ri se at !h e corn i:r of 28 5 and
Pe nnsy lvania, on th e north east sid e th ere an d Jim Woodward and I had an opportun i1y tod ay 10 vi ew fo ur di ffcn:nt
de velopmcnls. I ju st can't wait. T hi s is going to be almost a marke t ra te se ni or high-rise , so th at it will all ow ! '°',pie
to stay in Englewood instead of moving to Ri verfront . where a 101 of my pa re n1 's fr ienJs had to mo ve bcc111..: • t l,ey
aren't tha t ava il ab le in Englewood . So we arc looki ng at . I th ink it is between a 68 and a 7 1 uni t build ir1 g. Not
structured like Si mon Ce nter and not stru ctured like Orchard Place, bu l higher in th e median inco me. So, \Vt: Iii. v,;: a
specia l meeting thi s Thursday 111 5 o'cl oc k at th e Housing Auth orit y. with the subc omm iuee to decid e uo 1hc
deve lope r. But bo th deve lopers had a 101 to offer and it is going to be a ve ry tough dec ision ... h 11t it 1s cx.:1tin g
beca use, may be . thi s will fill the need that so me of o ur citi zens have been requestin g. You ctm't qu.i)i fy fo r low
inco me. so me ca n't affo rd the Meridi an or the Kivas and 111•~ 1!1 be in bc 1wee n. So, ii will giv..: !11r-,w er. opti on.
We ari.: loo kin g at one and two bedroo m units. I be lieve th e one bedroo m is gomg to be 750 and two lh!d roo r.is 830
sq uare feet so they arc goi ng 10 be ni ce sized un its. So it is a U)<J•;h ~eci sion. but ii is going to be fuu.
2. COUNCIL MEMBER BRADSHAW MOVED, AN l.! . r WAS SECOND ED, TO APPROVE
RESOLUTION NOS . 82, 83 AND 84 , SERIFS OF 2005 .
RESOLUT ION NO . 82. SERIES OF 2005
A RESO LUTI ON EST ABLI SHIN G THE ANNUAL SALARY FO R THE CIT Y MANA GER OF THE CITY OF
ENGLE WOO D, COLORADO.
RES OLITTIO N NO. 83 , SERIES OF 2005
A RES OLITTION ESTABLISHING THE ANNUAL SALA RY FO R THE CITY ATTORNE Y OF THE CITY OF
ENGLEWOOD , COLORADO .
RF.S OLITTIO N NO . 84, SERI ES OF 2005
A RESOLUTIO N EST ABLISHI NG THE ANNUAL SALARY FO R THE MUN ICIPAL CO URT JUDGE OF THE
CITY OF ENG LEWOO D, CO LORAD O.
Mayor Ga rrett as ked if th ere was any Co uncil disc ussi on.
Council Membe r Barrent ine sai d I wo uld prefe r th at th ey get hrnkcn down , but I ca n make the comments th at I need
to. I will be vr.tinf,? against it. I am pri vately ... and las! yea r I ha d the same concern ... tha t we are 00 1 goi ng through
a proper pr<>1.·c.. m i1old ing people accountab le, havi ng so me kind of es1a bl ished expecta ti ons so that we ca n have a
more objective proc es s at th e end, of pa y increase-;. Se para tely, it spea ks less 10 th e pcrfo nna ncc of th e peop le
indi vidu all y as o ur process at thi s po int a nd I wa11ted to make that clear, bul I do hav e a hu ge problem wi th it. I
ex pressed that last year and it did not change . Til e th ird be in g 1he judge who is an elected offi cia l. That ev alu ation
doe sn't have to happen , beca use th at evalmni c n happens when people vo te fo r hi m. If 1hey vo 1e fo r him the n he 's
got his job approva l, his job ratin g. However . other cl tcd offi cia ls se lli ng that rate ... l woul d be much more
co mfortab le if th e cit izens o f this com munit y made the decision on wha1 lhosc se rvices we re won h to th em . So. I
have a hu ge pro blem with the process sti ll .
Ma yo r Garrett asked if there were any oth er co mm e nt s. There were none .
Vote res ults:
Ayes: Council Members Moo re, Bradshaw, Garrett . Wolosyn, Woodwa rd , Tomasso
Nays: Council Member Barrenti ne
Moti on ca rried.
(1::lcrk 's note: The Reso lut ions cs1ablis hin g annu al sa lari es for 1he City Manage r, Cit y Anorn ey and Mu niripal
Jud ge were li sted as ilc ms 12 (b) (i), (ii) an d (ii i) on 1hc Agc ndr .J
3. She said in readin g the mi nul es th nt John re fe rr ed 10 ... J was re :i ll y tak en abac k by so me of the
grn ndi-:lan din g th 11l goes on wi th Ms. Barrc nt. ne nnd her obvious lack of und erstandi ng of th e bud ge lary proc ess.
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· Englewood City Council
October 17 , 2005
Poge 17
Mayor Garre tt , on three different occas ions. asked for Coun ci l Members to bring 1heir co ncerns fo rward and not
umil the da y of the budget meeti ng was the Cultural Ans roo m even brought up. Mr . ti.foore and Mr. Woodward
complied with that reques t tmd brought their concerns fo rw ard. If Ms . Barren linc wou ld read her pac ket before th e
meeting s. then she wo uld be ab le to particip111e in the reh. .i nt discussion . I am sure th e Cou nci l would app reciate it
a nd she wo uld ga in a better understanding of the ent ire process.
Counci l Member Barrcn linc sa id I think th at is a great examp le of grand standing on yo ur part and I am not goi ng to
give yo ur comm ent s any kinJ of justification or co mment.
(iv) Co unc il Mem be r Tomasso :
I . He said I wo uld like to !hank Public Works and the Transportation Advisory Committee for co ming up
with a solution for the intersection of L ;ga n and Eastman . t kno,\ they have been working on it fvr six month s, the
resi dent s have been work.ing on it for two years and it looks like there is a resolution at this poi nt , thro ugh so me very
creative problem solving by both age ncies and particul arly Pu blic Works.
2. He said t would like to thank Com mander Sanchez for looki ng into !he problem of people running th e stop
sign al Galapago and Ken yo n.
3. He said on a sadder note . I would like to note the passing of Roger Brown, a fo nner ci1izen of Englewood
who was the edit or of CED magazine . He pa ssed away from melan oma about a week ago. He wo.1 s al ways in volv ed
in the parade. He joined even after movi ng so uth of here . He came back and met with his fonner neighbors on
Saturday morning to put together a noat for the parade ... and he did ii every year, co me rain or shine or what ev er .
They were always out there in th e parade .
(v) Council Member Woodward:
1. He sa id I want to second what Bev had talked about ... the senior affordable hou sing, which I think is ju st a
great opportunity for us in the community and somethin g that is really needed . Being out in the neighborhoods a lot
here recently in the last six week$. I run int o a lot of citi zens that have lived in the com mun ity f.._r 40 or 50 years.
This begins to answe r so me qu es ti ons for them abo ut where they ma y li ve when they don't wan! to take care of
yard s and can't walk up stai rs and thal so rt of thing . So. I think it is just a grea t opportunit y. We got to sec so me
really nice place s today.
2. He sa id I want to address some citizen co ncern s that I have hea rd regardin g the ca lmin g is land s on Oxford .
I do know that we are givi ng it a period of time to take a look at ii, but one major complaint that I am getting is that
during the rush hour per iods. th e turning lanes 1end 10 back up into traffic anrl the placemen t of those is land s cou ld
end up being a hazard . So. I think !hat is so methin g that we just need to take a look at in th e com ing months as we
are ana lyzing th ose calming is lands. I think th e ligh ts are very effectiv e.
Mayor Garrett sai d arc there spec ifi c intersec ti ons where that is occ urring?
Mr . Woodwa rd sa id the one by 1he park ... th e two 01 each end . Jr yo u are go in g to th e west from Broadway and you
go to take a left, right after the island . A number of ca rs ... two t:ars pull in . the 1hird car I think hangs out imo th e
traveling ,a ne. And so at 5 o'cl oc k durin g the evening 01 4:30. it ge ls stacked up . Same thing going we st, rig ht by
t hl. Recrt,llion Ce nt er where 1hat island is. it j ust seems lik e 1he island may be inn hazardou s area ri ghl th ere .
(v i) Co uncil ?i.A !mber Wolosy n sai d I wo ula like to th ank Dave Lee for th e upd a1e of 1hc
Parks Maste r Pl:111 and ask t.ha1 Cou nc11 be informed of th e dales ns I.h e Publi c For ums are sc hed uled . Tha nk yo u.
13. Cily Manager's Report
Ci1y Manager Scars did not have any matters to bring befo re Co uncil.
14 . Cily Attorney's Report
Eng lewood City Council
October 17, 2005
Page 18
City Attorn ey Brotzmnn did not have any mauers to bring before Counci l.
15. AdJo urnmenl
The me eting adj ourned at 9:06 p.m.
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