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HomeMy WebLinkAbout2005-11-07 (Regular) Meeting Agenda Packet- . ~-·- ·• • • • t""" 1 \ I lj ( _ . .....,,.. ,._\' I l I __ .....) ·~· .. .. .... •• I ., . • . ... . . •' . . ... Regular City Council Meeting Novembe r 7, 2005 Ordinance 11/ r-56, 57, 58, 59 Resolution ~6, 87, BB, 89 ,. • "• • \,. • 0 . ;. • I-, •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 7, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegianc:e Boy Scout Troop 199 presented the Colors and led the Pledge of Allegiance . 4 . Roll Call Present: Absent: A quorum was present. Also present : Council Members Tomasso, Moore. Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Deputy City Manager Aaheny City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Gryglewicz , Finance and Administrative Services Police Division Chief Vanderrnce, Safety Services Director Ingle, Information Technology Director Long . Library Director Eaton, Human Resources Director Simpson, Community Development Director Black, Parks and Recreation Director Kahm. Public Works Manager Still , Community Development Coun Administrator Wolfe 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 17, a!. Mayor Garren asked if there were any comments or corrections . There were none . Vote results: Ayes : Nays : Mo1,on carried . Council Members Barrentine, Moore, Bradshaw. Garren, Wolosyn , Woodward , Tomasso None ' ·:O. . ,• • • Englewood City CouncU November 7, 2005 Pagel (b) City Council Recognition and Swearing In. (i) Comments and recognition of families and/or guests by the departing members of City Council. Mayor Garrett said there are a couple of us leaving this evening. This is one of the great things about our society ... things rotate in and out and government seems to go on. Council Member Bradshaw said first of all I would like to thank the citizens of Englewood for their confidence and trust. It has been a fun ride. It has been an honor and a cherished privilege to serve all of you. Secondly, I would like to thank all my colleagues on Council. At times we sought different visions for our City, but the beauty of compromise and respect for each other got us through the process ... and the process lhat started eight years ago was a Jong one. I know how difficult some of our decisions have been for all of us. Thank you for being honest, decent and always putting the interest of the citizens first. To staff ... without a doubt our staff serves our citizens with class and respect. I've enjoyed working with aU of you, for our City. Gary and Dan always kept the concerns of Council and our follow through directions, however obtuse they might have been at times, as their focus. Thank you . It has been an honor and a joy. I wish the newly elected Council all the best. I couldn't have picked a better Council to walk in here. Thank you. There was applause. Mayor Garrett said my comments are equally similar. First, I would like to thank my family for putting up with this effort for the last eight years . They have had to make some sacrifices so that I could do this, so I'm very appreciative. Also, I would like to thank Clyde Wiggins, who was my predecessor on Council, who, one February day stopped me in the hallway as I was interviewing for a Board and Commission and said "have you ever thought about running for City Council?" and of course my response was ... never. Later on that summer he pushed, said why don't you run and I did and for that I'm appreciative. I also want to thank this Council and the prior Councils for giving me the opportunity, over the last four years, to be in a leadership position. It has been a growth experience for me and I am very appreciative of that. Also, I want to pay my respects to the City staff. One of the great surprises I had, as I just had not expected it, is the dedicated employees that we have in the City. They are constantly working very hard for the citizens here . It doesn't mean we always do the right thing, but our hearts are usually in the right place. which is very important. I also want to thank Dan and Gary. Gary and I came on about the same time, so that was a wonderful thing. We have gotten to know each other and I like the support you have always given Council. .. the honest direction you have always given us and I am very appreciative of that. And Bev, I want to thank you, because we came on together and the one thing that I really have enjoyed is your experience and your knowledge of this community. That has been an asset to this community and this Council for the last eight years and I think it will be missed . I appreciate that. I also want to thank the citizens for giving me the opportunity to serve the 4th District for the last eight years. I don't know why they had confidence in sending me here, but I am grateful that they did. And the last person I want to thank is someone who is no longer with us and that is my Dad who taught me that giving is the best thing one can do and I appreciate that lesson. Thank you. There was applause. (ii ) A to ken o f appreciation was given to the departing City Co uncil Members. Mayo r Pro T ern Wo losyn presented Mayor Garrett and Council Member Bradshaw with a plaque and flowers from Coun c il and staff. There wa s applause. Mayo r Pro Tern Wo losyn said I am sure I speak for all of Council when I say that you are both going to really be mi ssed. And for me, in particular, as I have worked with both of you during my entire six years on Council and I have learned so much . Stay in touch . (iii) Mayor Garrett asked the City Clerk to announce the status of the election. C ity C lerk Ellis said , based on the unofficial election results, the newly elected Council Members are : Council Member Di strict 2 -John Moore. Council Member District 4 -Wayne Oakley. Council Member At-Larae, 4 year te rm -Jim Wood ward a nd Co uncil Member At -Large. 2 year term · Bob McCaslin. (iv) C ity Co uncil made a determination of the election and qualifications of its membership . • • Englewood City Council November 7, 2005 Page3 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE ELECTION RESULTS. Ma yor Garrett asked if there wa s an y discussion . There was none . Vote results: Ayes: Nays : Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (v) There was applause . The new City Council Members were sworn in by the Honorable Judge Vincent Atencio. (vi ) Brief Reception. Mayor Garret said we are going to have a brief intermission and I invite you nexl dool' for a reception for our new Co uncil members and our re-elected Council members . Co uncil recessed at 7 :40 p .m. for a brief reception . The meeting reconvened at 8:09 p .m. (vii) The new members of City Council were seated in temporary spaces. and the aenior member of City Council, Olga Wolosyn, asked the Ci1y Clerk to call the roll o f the memben of die City Council. Roll Call Present: Absen1 : Council Members Tomasso, Moore . Barrentine . Oakley. McCulin. Wolosyn, Woodward None Council Member Wo los yn stated we have a quorum. (viii ) Council Member Wolosyn called for nominations for the office of Mayor . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO NOMINATE COUNCIL MEMBER WOLOSYN FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Ayes: Council Members Barrentine, M cCaslin, Moore , Wolo syn. Woodward . T omasso, Oakley Nays: None Motio n carried. Ms . Wo losyn sai d lh ank you ve ry muc h. T here was a ppl ause. (ix) M ayor Wo lo syn assumed the Cha ir . M ayor Wo losyn called fo r nomina1i o ns for the o ffi ce o f Ma yor Pro T ern. C OUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED. TO NOMINATE COlJNCIL MEMBER WOODWARD FOR THE omc E Ot' MAYOR 1'110 TEM Ot' fflE CITY Of ENGLEWOOD. Ayes: Council Members B~nt. ultn. Moore. Woloi111, Wood-.!. T Ou.le Nay,: None Mo1ion earned. t .. •. • • • -- Englewood City Council November 7, 2005 Pa1e4 (x) Permanent seating assignments were given. 0 (xi) Family members and guests of Council Members McCaslin and Oakley were recognized . Mayor Wolosy n said I would like to congratulate the new members of City Council and I would also like to recognize their families in attendance. If you would all stand up please . There was applause. 6. Recognition of Scheduled Public Comment There were no scheduled visitors. 7 . Recognition of Unscheduled Public Comment (a) Mark Swanson, 2836 South Sherman, said my concern is over building permits. In 2004 I was issued a building permit for a fence and June of 2004 it was revoked by the Planning and Zoning Department. In July of 2004 I was granted a hearing with the Zoning Commission to interpret and clarify the use of prohibitive materials . At that hearing, the material I was going to use, which was telephone poles for fence posts, was approved by 6 ayes and I nay . On 10/21/04 I purchased a permit to build the fences and retaining walls at 2836 South Sherman and 2840 South Sherman Street. In August , which is a month after I was granted that permission to use that material. the Englewood Planning and Zoning Department started a study group focusing on materials ... their toxicity or what have you ... and that law was amended and posted in the Englewood Herald. Now I don't subscribe 10 the Englewood paper, but I do live next door to Don Roth who is a Commissioner on the Zoning and hearing boud and I have been in and out of the Building Department, and in and out of the Planning Dcpanment and I was never advised of any of this. Now they refused to reissue that permit ... l don't know on what grounds ... but the permit that I have states that ''this permit expires (this is note to the applicant) this permit expires 180 days after issuance unless work is started by that time." Now my work was started by that time and the delay in building those retaining walls and erecting that fence was procuring those from Public Service, which has a waiting list for charities, first. I was put on the bottom of that list, because of my permit being delayed in the first place or being re vo ked . So my question 10 the Council is for them to interpret this permit and tell me whether this permit is valid or not. Thank you Mayor Wolosyn said thank you. Al thi s lime I will ask staff ... since many of us are not completely acquainted with this case ... to give us an update in our packets . Thank you. Mr. Swanson said okay, thank you. (b) Zachary Brinkerhoff said I am from another city, but I just wanted to say what a pleasure it has been coming and shari ng and speaki ng before the City Council. I represent reflexology ... the Modem Institute of Reflexology . I want 10 thank yo u for the consideration of separating reflexology from massage. I think great work ha s been done. Two weeks ago I was at a meeting and I see one of the new members who was elected . Congratulations to all of you who are new and I appreciate the work of all the old heads to get this Bill 52 up ... so I expect it is going to gel passed tonight. We will find out in a minute, but thank you very much. The City Attorney did a good j o b . I commended him al the meeting two weeks ago for doing the good work . Thank you very much . There was applause . (c) Nicole Ferrari , 3303 South Corona Street, said I am a board member for Englewood Unleashed. just came here to thank you guys for the wonderful year that we had this past year and for all your support and help. We are really looking forward to the next couple of years of just fostering the relationship that we have with the City and with the community. And. on behalf of our members and our organization, I wanted 10 thank you guys. We are just really excited about the new City Council and future relationships . I just have a few items for the new Council members and calendars for the rest of you guys . Thank you . 8. Communications, Proclamations and Appointments There were no communications, proclama11ons or appointments. t • • • En1lewood City Council November 7, 2005 Pa1e5 {a) Approval of Ordinances on Fint Rcad1n1 There were no additional items submined for approval on fint rcad1ns. {See Alfflda 11cm 11.) (b) Approval of Ordinances on Second Read1n1 There were no additional items submined for approval on second reading. {See Aacnda Item 11 .) ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See ~nda Item 11 .) 10. Pllblt Heuias lleal No public hearing was scheduled before Council. (a) Approval of Ordinances o n Fint Reading (i) Director Olson presented a recommendation from the Department of Safety Services to adopt a b,11 for an ordinance approvin1 a Federal Equilable Sharins Ap,eme .. with the United SWes Department of Ju.ticc . He said 1h1s i a standardized ap,emenc thal allows us, upon forfeiture or seizure of l*lain propcrtic:a, to share that ... basically, allowin1 the Federal aovcmme .. lO share with us. II is standardized and -have had lbac for several year . And It has proven IO be beneficial in the pal. There is no fiMneial impact rdaled IO Ibis meuure. so I ask fOf your ace~ of th11 ordilllJICe. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. St. COUN IL Bill NO . 54. INTRODUCED BY COUN IL MEMBER WOODWARD BILL FOR AN ORDINAN E AlJTHORIZING AN INTEROOVERNMENT AL AGREEMENT ENTITLED "FEDE RAL EQUITABLE HARING AGREEMENT' BETWEEN THE UNITED ST ATES DEPARTMENT OF J STI E AND THE rrv OF ENGLEWOOD. COLORAOO PERTAINING TO THE DISBURSEMENT. WITH RESTRICTIO S. Of FEDERALLY SEIZED OR FOR.FEITED CASH OR OTHER PROPERTY . 1ayN Wolosy n kcd 1f there w.u any d1 sc u IOI\. There w none . \owrtwlb: M >IIOII .-amcJ o Counc il Member Banc1111ne . McCashn. Moore, Wolosyn, Woodwud, Tomasso. Oak.le a) one Due.. ll>r OI n IMlld th;tn )OU vcr much It>) pproval ofOrd1runco on Second Read1n1 ln le , >J '!. amended. addan, a Rcflexoloay License in Title 5 of the t .. • • 0 Englewood City Council November 7, 2005 Page6 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO. 54, SERIES OF 2005. ORDINANCE NO. 54. SERIES OF 2005 (COUNCIL BILL NO. 52 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 5. OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8. PERTAINING TO REFLEXOLOGY . Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Ayes : Council Members Barrentine, McCaslin. Moore. Wolosyn. Woodward. Tomasso, Oakley Nays : None Motion carried. (ii) Council Bill No . 5 3. amending sections of the Englewood Municipal Code pertaining to Massage Therapy Licensing was considered. COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (11) • ORDINANCE NO. 55. SERIES Of 2805. ORDINANCE NO. S. ERI ES OF 2005 (COUNCIL BILL NO. 53. lNTRODUCED BY COUNCIL MEMBER BRADSHAW) AN OR DINAN E AM ENDING TITLE 5 . CHAPTER 5. SECTIONS 2 AND 3. OF THE ENGLEWOOD MUNI C IPAL ODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING I R CE REQUIREMENTS. Mayor W olo,, n ud 1f there ,.-as any discussion . There was none. Vote ttSUlls : • J Council Members Barrentine. McCaslin, Moore. Wolosyn. Woodward. To masso. Oakley No ne ,~ I Rc,,.,lut1on:, and Mot ions I t ) Director Gryglewicz presented a rec ommendatio n fr o m the Department of Finance and Adminhll.111\e n es 10 lldop1 a Re soluti o n establishing fee s for Reflexology li censing. He said this pcnains to the l >rdill;ln.;c 1h;i1 .tS J U t passed o n seco nd reading, setting the fee s for the reflexology license application, h;i.l p ,..,nd ,hcd,. hcen mg fee a nd reflexo lo gy if a ma ssage therapist is already li censed with the City. COl'!\C'IL n :.\IBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT "M 11 tel Ill • Rf,S()I. TION NO. 85, SERIES OF 2005. kl OI l I X 'O 5. ERIES OF 2005 \ Rl Ll I ESTAB LI S HING FEES FOR REFLEXOLOOIST LICENSES UNDER TITLE 5. CHAPTER 8. I rill L',GLEWOOD MUNIC IPAL CODE 2000. b> " Wol n led 1f there wa s any di sc ussio n. There wa s none . \ot ruulU: t .· ... • • Englewood City Council November 7, 2005 Page7 Ayes: Nays: Motion carried. Council Members Barrentine. Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said all I want to do tonight is thank all my fellow Council llll!mbcrs for electing me to be Mayor. I will take this responsibility very seriously and I'm looking forward to what I think will be a pretty quick learning curve. I know I will have the support of all of you, which I will depend upon . (b) Council Members' Choice (i) Council Member Barrentine: I . She said I want to congratulate the new members of Council, who were recently elected and you certainly have some big shoes to fill. And Olga, I am looking forward to your leadership and work on this . 2 . She said I want to thank the reflexology people who kept coming and are much wiser about local government, since you have attended most of our meetings over the last couple of months. 3 . She said I also want to remind everybody, my father has passed away, but he served in the Armed Forces, and today is Veterans Day. I just want to bring a little remembrance to the people who arc serving our Country in the Armed Forces and how important that is to our freedom and the process that we have here in this City and in this Country. (ii) Council Member McCaslin said I would just like to thank my family ... my lovely wife, my Mom and Dad who have lived here for 57 years in the same house in Englewood; my brothers .. .John, Pat and Billy who all helped on the campaign and their better halves .. .JD and Valerie and my nephews and my niece. I would really like to thank everyone in Englewood who voted for me and even if you didn't vote for me , thank you. (iii) Council Member Moore said I would like to welcome Bob and Wayne. This is a great Council and I look forward to working with everyone the next four years . I would like to thank the Englewood voters for another opportunity to serve. The firs t four years has just been a tremendous learning experience. It has been a great o pportunity and I look forward to the next four . Thank you . (iv) Counc il Member Oakley said I would like to thank the love of my life ... my wife of 49 years . Jeani e. She had to leave as I think my granddaughter was getting a little carried away back there, but without her he lp , her s upport and her future s upport, I certainly wouldn't be sitting here . And I would like to thank the c iti ze ns o f Eng lewood for gi ving me the chance to serve. Thank you . (v) Counc il Member Tomasso : 1. He said I wo uld like to wel come the new Counc il members. 2 . He said I wo uld like to thank Lei gh Ann Hoffhines for the wonderful reception she had for the 50 partic ipants in the calendar contest. It wa s a really wonderful evening. (vi) Co uncil Member Woodward said I would certainly like to welcome Bob and Wayne to Counc il . a lso. I want to thank the citizens for the opportunity to serve for a full elected term and serve u Mayor Pro Te rn . I a lso wa nt to ac knowledge my fa mily and extended family and friends that helped on my campaip and he lped me thro ug h the last couple o f months. I al so want to mentio n that we had three gucstll here earlier, the three new Sc hool Board members ... Heather Hunt , Shelley Thompson and Scott Gors ky . They were here and left early. I t ... .. '. • • Englewood City Council November 7, 2005 Pa1e8 am looking forward to working with the School Board, as a Council member, and I think that we may have some real opportunities to partner in Englewood ... possibly like we haven't had before. Thank you. 13 . City Manapr's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournamat 1. ·. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, November 7, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7. ·J;t; ~ D . 2. Invocation.~ 3. Pledge of Allegiance. a. Presentation of Colors by Boy Scout Troop 199. 5 . Consideration of Minutes of Previous Session. ~a. Minutes from the Regular City Council meeting of October 17, 2005. ~ b. 1ft1?-0 City Council Recognition and Swearing In . i. ii. iii. Commen ts and recogni tion of families and/or guests by the departing members 2.!: Ci ty Council. A token of appreciation will be given to departing City Council Members. The Mayor will ask the City Clerk to announce the sta tus of the elec tion . iv. City Council wil l,,i,ake a determination of the election and qualifications of its ~~1J-il~1'~~-~~ v . The new City Council Memb~be ~;-;n by the Honorable Judge Vincent At encio . vi. Plea e note: If }OU ha, e a d1sabd1ty and need au ,h,uy a,d or ervices, please notify the City of Engll.'\vood (303-7 62 -2 40 ) ,II lea t 48 hours in ad ,ance of \\-hen services are needed. Thank you . ' ... ,• • • Eng lewo od City Council Agenda November 7, 2005 Page 2 vii. Members of City Council are seated (in temporary spaces) and the senior member of City Council, Olga Wolosyn, asks the City Clerk to call the roll of the members of the City Council. Council Member Wolosyn then declares whether a quorum is present. ~?-{) viii. Council Member Wolosyn calls for nominations for Mayor. - ~f'l-oTheMayo~~~~~'';:t;;t?er-'j~\,~ 6 . 7. 8. 9. x. Permanent seating assignments are gC --- xi. Recognition of families and/or guests of the new Members of City Council. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) fr Recognition of Unscheduled Public Comment. (Please limit your presentation to fiv C" minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be c4.j,t~e~))~AJ~) BU/ll)/AJ($ PLO.Ir ctln~a~Yoc~~!~[/ft{c,;~~pu)~tj fr Consent Agenda Items. a. b. c . App~ of Ordinances on First Reading . App~of Ordinances on Second Reading. ReTand Motions. 10. Public Hearing Items. (No Public Hearing Scheduled .) 5 11 . Ordinances, Resolutions and Motions. • a. Approval of Ordinances on First Reading . i. Council Bill No. 54 -Recommendation from the Department of Safety Services to '"i:idopt a 6111 for arJ;;'rllinance approving a Federal Equitable Sharing Agreement wi th th e United States Department of Justice. STAFF SOURCE: Chris Olson, Director of Safety Services . ~ Pl 1 e note: If ~ou have a disability and need auKiliary aids or services, please notify the City of Englewood (303-~62 -2407) at least 48 hours in advance of when services are needed. Thank ou . ' • • - Eng lewood C ity Council Agenda November 7, 2005 Page 3 b . Approval of Ordinances on Second Reading . /J?JIJfJ-1. i. G:ouncil Bill No. 52, as amended;tjdin_g a_ ~eflexology License in TIiie 5 of the ti!!?-{) Englewood Municipal Code. -di~ DJ' 11 -~ ii. Council Bill No . 53, amending sections of th&nglewood Municipal Code (I 1, ~ ::;J:>Uff':-?-tJrtaining to Massage Therapy Licensing .C::::, Jlll,44.,I c. Resolutions and Motions. /). . ,, _,_ i. Recommendation from the Department of Finance and Administrative Services to ~ adopt a Resolution establishing ees for Reflexology licensing. STAFF SOURCE: ~ IJ·-{) Frank Gryglewicz, Director. 12 . General Discus si on : a. Mayor's Choice . b . Council Members' Choice. 13 . City Manager's Report. 14. City Altorney's Report. 15 . Adjournment. [iY;)..v ~ . The following min utes were transmi tt ed to City Council from October 14 to November 3, 2005: • None Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303 -76 2-240 7) at least 48 hours in advance of when services are needed. Thank ou. ' • • 0 City Council Meeting November 7, 2005 Agenda Item 5 b (iii) ·• • - Based on the unoffici@I election results, r"' l ! \ \ ' t-:s,..,' ,----. ( ) --..-/ the newly elected council members are: M&S Y:hef I 14 ,.gn;t NernbecR-t tW · fMwr 2 ........ Counc;I MlcM 6I:Wlil · lWR1M- lloltlloCHl n ELECTION/812005 election rHulls for cc mtg ~-~----. •· • UNOFFICIAL PARTIAL RESULTS AS OF 9:08 A.M. NOVEMBER 4, 2005 OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 1, 2005 Office of Council Member DISTRICT 2 (One Vacancy} Four-year term John Moore Pamala Sampson 733 400 Office of Council Member DISTRICT 4 (One Vacancy} Four-year term Wayne E. Oakley 1440 Write-In: Marc Ogonoaky 49 Office of Council Member AT-LARGE (One Vacancy} Four-year term Gayle Ogden Jim Woodward JIii Carlston Vic Calonder 982 3172 1249 353 Office of Council Member AT-LARGE (One Vacancy} Two-year term Bob McCaslln 2289 Julle A. Grazull s 1876 Doug Cohn 1741 MUNICIPAL JUDGE (One Vacancy} Four-year term Vincent R. Atencio 5012 t• t ... .. . ~· • • CC mtg 11.7.05 Seating left to right .. you ,_ the clall Sears ~ Brotzman ·• • • I Roll Call I Council Members: Tomasso Moore Barrentine Oakley r , I i l. '-=-' Mayor~ Mayor Pro-Tern~ v v Mccaslin Wolosyn Woodward V [Note: Vote results in minutes are listed in seating order.] ELECTION/8'2005 roll caN 0 •· • - UNOFFICIAL PARTIAL RESULTS AS OF 9:08 A.M. NOVEMBER 4, 2005 OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 1, 2005 Office of Council Member DISTRICT 2 (One Vacancy) Four-year term John Moore Pamala Sampson 733 400 Office of Council Member DISTRICT 4 (One Vacancy) Four-year term Wayne E. Oakley 1440 Write-In: Marc Ogonoaky 49 Office of Council Member AT-LARGE (One Vacancy) Four-year term Gayle Ogden Jim Woodward Jill Carlston Vic Calonder 982 3172 1249 353 Office of Council Member AT-LARGE (One Vacancy) Two-year term Bob.Mccaslin 2289 Julie A. Grazulls 1676 Doug Cohn 1741 MUNICIPAL JUDGE cone Vacancy) Four-year term Vincent R. Atencio 5012 ~d ~ 1,, Loucrishia A . Ellis , City Clerk • • -- ( ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Oclober 17, 2005 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:33 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge or Allegiance Cub Scout Troop 172 presented the Colors and led the Pledge of Allegiance. Mayor Garrett said thank you very much. Council Membe'r Bradshaw said very nice job. Mr. Steve Yates said thank you City Council, I am the Pack Leader and this is Chris Stibbs, another leader with our Troop. We would like to honor you with a Pack cheer for all of your hard work in making this City run. The Pack gave the cheer and there was applause. Mayor Garrett sai d thank you for coming this evening. Mr. Yates said thank you . 4 . Roll Call Present: Absent: A quo rum was present. Also present: Council Members Tomasso. Moore, Barrentine, Garten, Bradshaw , Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson. Safety Services Fire Marshal Greene, Safety Services Director Gryglewicz, Finance and Administrative Services Manager Stin. Community Development Director Eaton, Human Resources Director Kahm, Public Works Director Fonda, Utilities Director Long. Library Police Lieutenant Sanchez. Safety Services Fire Captain Pattarozzi, Safety Services 5 . Consideration or Minutes or Previous Session (a ) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING or OCTOBER 3, 2805. ,, .. .. 0 Eo~lewood City Council October 17 , 200S Pagc2 ·• • • Mayor Garrett asked if there were any comments or corrections. There were no ne . Vote results: Ayes : Nays: Moti on carried . Council Members Barrentine , Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 6 . Recognition of Scheduled Public Comment (a) Eric Benoluzzi, 4860 South Galapago Street, said, I Chair the City's Cultural Ans Commi ssion and the Urban Renewal Authority . Tonight I am here representing the Englewood Cultural Ans Center A ssoci ation , also known as Englewood Ans. As you know, our organization has panicipated in the drafting of a unique and imponant agreement that, among other things , requires us to present a substantial number of ans events in the cultural space , during each year of the agreement. We are prepared and eager to fulfill this obligation with a serie s of di verse artistic, educational and entertaining experiences designed to provide the City with cultural enrichment. The agreement also requires a contribution of $75,000.00 from Englewood Arts . I am pleased to announce that we have raised the money and we are looking forward to presenting it to the City, following Council's approval of the agreement. Just a personal note .. .I th ink it is pretty remarkable that an organization as yo ung as o urs was able to s ucceed in rai sing this s ignificant s um of money in less than a mo nth from the time we announced o ur mini-capital campaign. I would like to thank Mike Flaheny and the Chair of Englewood Arts, Jim Copenhaver, fo r dedicating their expenise in composing the agreement. And sincere thanks are also due to the team of highly qualified profess ionals who have g uided the process of designing the cultural space ... most notably Rick Kahm , Jerrell Black and Dave Henderson. Now it gives me great pleasure to introduce the treasurer of the Englewood Ans, Gary Kring, wh o would like to make just a few remarks. Mr. Kring said I am al so here , not only as the treasurer of Englewood Ans, but I am also the President of the Schramm Foundation . The Schramm Foundation is the largest single donor toward this $75,000.00 project . The Schramm Foundation ha s been giving money througho ut the Colorado area for appro:\imatcly 20 years and we ha ve . ge nerall y speaki ng, been in a project of giving a few tho usand dollars to many organizations. Typically, we will g ive anywhere from tw o to five th o usand dollars to about 70 or 80 organizations and thi s year we received over 200 grant requests . Certainly, o ne of the grant requests that interested us most was the grant request from Englewood Ans. We see thi s project as Schramm being able to step forward to support a unique project for a unique communit y. We were especially pleased that the City o f Englewood, Englewood Art s and the Englewood School Di stri ct has co me together to present a viable ans program for the students in the City of Englewood . We believe that th is roo m, when completed , will provide man y enjoyable expericnces ... first for the re sidents of th e City of E nglewood , but also for people throughout the entire Denver area . I am pleased to also announce that besides the g ift fr o m the Schramm Foundation of $50,000.00, there are several oth er major gifts that we were ab le to rai se, as Eric 5ai d, in a relati ve ly sho rt period of time . First, we have the George Shields Foundatio n, through its Presi den t, Bruce McDonald , wh o contributed $10,000.00. We ha ve Be tt y Robinson, an Englewood resident in the audience. wh o gave us $10,000.00. We hav e Up C lose and Musical, another no n-profit organization, who will be a sig nifi cant user o f this space . gave us $2 ,500.00. We have Ms. Butler and kff Shoemaker, two of our Board members that each contributed $1,000.00. So, again. as Eric said. the fact that we were able to raise this money in a relati ve ly shon period of time . I am extremely pleased that we were able to do th at . We congratulate th e Ci ty o n moving forward with thi s project and I personall y look forward to many great times here . Thank you . 7 . Recognition of Unscheduled Public Comment (a) Rac hel Lord, 101 7 Perth Street. Aurora . said I think we arc on the third draft of th e reflexo logy o rdmancc . 1 want to thank the Council for working with the refl exology community, because I think we are just about there . It is looking good . There arc j ust three minor points that I wanted to point o ut to everybody to night. Hopeful!), the,e cun be re so lved and maybe we can even have the first reading .. .! don't know what your procedure t5. but here are m) three points . They are pretty si mple . I think . The first one ... we had already decided to add the word "ex ternal car'' tO the dcfiniuo n ... working on the feet . and the hands and the external ear. And there 1, JUSt o ne pla e where 11 w o mmed . tt was acc1dc ntally omitted. that word . and II is in th e definitton of '.) ' .. ,, • • -- C ( Englewood City Council October 17, 2005 Page3 reflexology and then right under the definition it says "Reflcxo logist/Rcflexology Practitioner" and the word "external ear" isn 't in there . It just says ear, so wc need to add that for consistency. Then the next one is under the "Educational requirements" ... under "(C) (2) (i)" and it has to do with the number of hours. It asks for 200 hours of training, including a minimum of 100 hours of supervised class instruction in reflexology and it wasn't 100, it was 110 ... when it talked about according to the American Reflexology Certification Board standards ... it was 110, so we wanted to be consistent there and change the 100 to 110. Then the very last one was where we included the Transitional Period in Section 2, on the last page ... it is the people who haven't quite met the educational standards, this is the grace period that we are talking about, where people can get up to snuff on their educational stand.uds . It says they need to show evidence of completion and it reaily should say ... of a reflexology program ... not a certified program, because there are so many different programs out there. If wc just say that they have had some training to show that they can do reflexology and then have this grace period to get up to the educational standards that wc stated before. That s.eems adequate to me . Council Member Bradshaw said so you want to strike the word "certified"? Ms. Lord said yes, I am just asking to take that word "certified" out and just say "evidence of completion of the program" because there arc many different programs out there ... and just saying they have had some basic training in reflexology and now they can go out and get what we arc asking them to have in the ordinance. Those are my three points and I think they are pretty simple and straight forward and hopefully we can just .. .I don't know ... maybe have a meeting tonight on this . Mayor Garrett said it is on the agenda and wc will talk about it when wc get there. Ms. Lord said that would be great, and once again, thank you for all your cooperation and interest in this. As a community, we really appreciate all you have done. Mayor Garren said thank you very much . 8. Commllllkatloas, Proclaamtloas IIDd Appointments (a) Proclamation decluing October 2005 as ''Meet the Blind Month" as sponsored by the National Federation of the Blind was considered. COUNCIL MEMBER WOLOSYN MOYm, AND IT WAS SECONDED, 1'0 APPROVE A PROCLAMATIO~ DECLARING OCTOBER 2005 AS "MEET THE BUND MONTH" AS SPONSORED BY THE NATIONAL FEDERATION OF THE BLIND. Ma yor Garrett asked if there was any discussion. There was none . Ayes : Nays : Mo u on carried. Council Members Barrentine, Moore, Bradshaw, Garrett , Wolosyn, Woodward. Tomasso None Mayor Garrell presented the proclamation to Jeremiah Beasley. President of the NFB of Denver, and Brent Batron, NFB Board Member. (b) Proclamation decluing the week of October 17 -21 , 2005 as Fire Prevention Week was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 17 • 21, J80S AS FIRE PREVENTION WEEK. Ma yor Garren asked if there wa any dt USSIOII . There wa. none. A)eS: ounc1l Mcmben BIR'Cflllnc. Moo«. Bradshaw. Gama, Wolosyn. Wood~ud. Tomasso ' • • Englewood City Council October 17, 2005 Page4 Nays : None Moti o n carried. Mayo r Garrett presented the proclamation to Fire Marshal Greene. Fire Marshal Greene said I have a few comments to make before we get on with the real fun stuff of presenting awards . A little bit about Fire Prevention Week . This marks the anniversary of the Great Chicago Fire of I 871. That fire burned for several days , claimed more than 250 lives and destroyed more than 17 ,000 buildings in Chic ago. From that came the Chicago Building Code, that outlawed any structures being built out of wood, which 1 believe is still in place today . They can only be built out of masonry . There have been several other tragedies that have occurred , s uch as the I 91 I Triangle Shinwaist Factory fire that claimed 145 victims. From that fire, in conjunction with the Coconut Grove nightclub fire of 1942 that claimed 491 victims, came a lot of our requirements for exiting out of buildings and the requirements for exit doors not to be locked or blocked. These are just a few of th e major tragedies that prompted much needed reform in focusing public education on fire prevention and fire safety . In 191 I the Fire Marshals Association ofNonh American proclaimed the nations first Fire Prevention Day. Then in 1925, President Calvin Coolidge declared Fire Prevention Week as an official national observance. This year the theme is "Use Candles with Care". This was especially imponant in Englewood . In the last three years . we have suffered three house fires attributed to the misuse of candles. The Fire Division held presentations in six school s and this year the team was: Brian Baker known as Chuckles the Chief, Greg Weaver known as Bunker, Jay McCann known as Tiller and Mike Osgood, who unfonunately could not be here tonight, who also dealt with Sparky. They will be coming up to help us with the presentation tonight along with some other .. victims". The students were asked to make a poster about fire prevention. The poster contest this year was sponsored by the Burt Auto motive Group. For the last several years, the judges have been very well respected members of the community and thi s year was no exception. This year we were lucky enough to have: Mayor Pro Tern Olga Wolosyn, again, Council Member Beverly Bradshaw, again and thank you very much , A.J . Guanella, Vice President Bun Chevrolet, sho wed up to help us judge. He was also an Englewood resident and went to Englewood Schools so it was really special to have him here . Deborah Garrity, Director of Marketing for the Bun organization, was the contact I worked with this year and who has been absolutely incredibly generous to the Fire Prevention Week and has been very supportive . Marshal Greene s aid now before I get on to the awards you probably noticed there is a banner out there from Meado w Gold Dairies. Meadow Gold, for the last several years has sponsored the awards to the classes that have had the mo st panicipation in the Fire Prevention Poster Contest. They provide ice cream and the firefighters take the ice cream in for an ice cream social into those classes. It is a real special time for the kids to be rewarded again fo r their effons in the Fire Prevention Poster Contest. (c) Reco gnition of the Fire Prevention Week Student Poster Contest Winners. Fire Mars hal G reene anno unc ed the 2005 Fire Prevention Poster Contest Winners: Cherre ly n E le me ntary: I " Place-Anna Schultz. 2..i Pl ace-Jerome Doheny, 3n1 Pl ace-T ara Eas1wood Bishop E lementary : I" Place-Annastasia G a lva n. 2..i Pl ace-Nico le Mendoza, 3n1 Place-Kayhe Johnson Charles Hay : I" Placc-Kyndo n Tarter . 2..i Place-M ikaela Long. 3n1 Place -Sage Sherman Maddox E lementary : I" Place-Tamara Comins. 2..i Place-Brittany Hall , 3"' Place-Caitlin R asm ussen St. Lou is E le mentary : I" Pl ace-Kris tina Greatorex, 2..i Place -Katie White.3"' Place-Jade Cafasso All Soul s E le me ntary: I " Place-Carl y Buchler. 2..i Place-Melissa Brunkala . 3"' Place-J osh Hamburg Chief Chuckles, Bunke r. Tiller, Mayor Garrell and Ms. Garri1y. ass1s1cd Fire Marshal Green in the prcscntauon of the award s. The wi nners were each give n a n e nve lo pe with their cash pri ze . 111 Pl ace -$25 .00, 2°" Place $15 .00 and 3"' Place $!0.00. All the winners were given a roun<l of a pplause . Fne Marshal G reene said I would h l.:e to in vi te the winners a nd the ir fa m1hcs to JO•n ~ in the Commu nity Room for a bnef rcccptmn. ' .... ,• • • ( Englewood City Council October 17, 2005 Pages (d) Council recessed for a brief Reception in the Community Room to honor the Fire Prevention Week Student Poster Contest Winners. The meeting recessed at 7:5 9 p.m. The meeting reconvened at 8:18 p.m., with all Council Members present. 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 .) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) throup (b) (v). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 44, SERIES OF 2005 (COUNCIL BILL NO . 41 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5, CHAPTER 3. OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. (ii) ORDINANCE NO. 45, SERIES OF 2005 (COUNCll.. BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOOD. COLORADO. (iii ) ORDINANCE NO. 46, SERIES OF 2005 (COUNCIL Bill NO. 48, INTRODUCED BY COUNClL MEMBER BRADSHAW) AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORAOO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Treatment Plant). {iv) ORDINANCE NO . 47. SERIES OF 2005 {COUNCIL BILL NO. 49. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5. CHAPTER 14 , SECTION 3, ARBORIST OF THE ENGLEWOOD M UN ICIPAL CODE 2000. {v) ORDINANCE NO . 48, SERIES OF 2005 (COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AME.NDING TITLE 4 . CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERT AINI NG SALES AND USE TAX. Vote results : Ayes : Nays: Mouon earned. Council Members Barrentine. Moore. Bradshaw. Garren , Wolosyn, Woodward . Tomasso None • t ,. • • -·· Englewood City Council October 17 , 200S Page6 (c) Resolutio ns and Motions 0 0 There we re no additi o nal resolutio n s o r moti o ns s ubmilled for approval. (Sec Agenda Ite m 11.) 10 . Public: Hearing Items No public hearing was sc heduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrati ve Services to adopt a Bill for an Ordinance amending the Engle wood Municipal Code pertaining to Massage Therapy Li censing. He said !his is a bill for an ordinance making changes to Title 5. Massage Therapy. Thi s was discussed a couple of times with Council at Study Sess ion and the changes proposed are (1) exempting reflexology and reflexology practitioners, which will be addressed with thc next bill for ordinance add ing that and the other change we are requesting is under Proof of Professional Liability Insurance. Mayor Garrell asked if there were any questions for Mr. Gryglewicz. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 53. COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5 , CHAPTER 5, SECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING INSURANCE REQUIREMENTS. Mayor Garrell asked if there was any disc uss io n among Council. There was none. Vote results: Motion carried. Ayes : Nays: Council Me mbers Barrentine. Moore, Brads haw, Garrett, W o losyn , Woodward. T omasso None (ii) Di rector Gryglewicz prese nted a recommendation from thc Department of Finance and Admimstrauve Services to adopt a Bill for an Ord inance amending the E nglewood Municipa.1 Code pertaining to Reflexology Ltcensmg. He said this bill for an ordinance adds a refl exology license to Title 5 of the Englewood Municipal Code. as discussed by Rache l Lord earlier in the evening . I'm not exactly sure how the wo r d in the definition ... "external" was omitted, but that should be there. and we really don't have a problem with 1he other reco mmended changes at this time. 1ayo r Garrett said go with th e three suggestions . Mr. Gryglcwicz said this pract ice is actuall y in its i n fancy and I thml. 11 will evolve over time . I sec changes down the road pos ibly. but if we ad d this to the Code. we can move fornard from there . I think 11 works for th e pracu uoners tha t he lped us wi th this a nd it works for the City. 1a)Or Garrett asked tf there were any q ue ;.tion for Mr. Gryglew1cz. There were none. C O UNCI L MEMBE R WOODWA RD MOVED, A ND IT WAS S E C O N DED. TO A PPROVE A G E NDA ITEM 1 1 (a) (U) • CO NCIL BILL NO. 5 2 , AS AM E NDED. C O ' IL BILL '0 2. l!IITRODU ED BY CO CCL MEMBER W DWARD ' ... ·' ) • • • ( Englewood City Council October 17, 2005 Page7 A BILL FOR AN ORDINANCE AMENDING Tm.ES, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8, PERTAINING TO REFLEXOLOGY. Mayor Garren asked if there was any discussion among Council. Mayor Garren said City Attorney Brotzman, are you comfortable with the modifications? City Attorney Brotzman said yes. Mayor Garrett said we would like to point out, for those who are running for office, that this will be on the agenda November 7"' for second reading, so just be aware that if you are sitting up here among us, you will get to vote on this. Council Member Barrentine said do me a favor and clarify the three? Mayor Garren said yes . The three are under Definitions, Section S-8-1, Page 1, adding the word "external" before the word ears under Reflexology/Reflexology Practitioner, in the second line; under Section S-8-3 C.1 ii, changing a minimum of"lOO houn" to a minimum of"l 10 hours" and then under Section 2: Transitional Period, removing the word "certified" in the third line . Council Member Barrentine said thank you . Mayor Garrett asked if there was any other discussion. There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Moore. Bradshaw, Garren, Wolosyn, Woodward, Tomasso Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 43, approving the 200S Mill Levy for collection in 2006 was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 49, ~ OF 2905. ORDINANCE NO . 49, SERIES OF 200S (COUNCIL Bll..L NO . 43, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOU.AR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. CO'LORADO . Mayor Garrett asked if there was any discussion . There was none . Vote results: Mouon carried . con 1de red. Aye : Nays : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward. Tomasso None (11 ) Council 8111 No. 44. adopting the 2006 Budget for the C11y of EnJlewood was 0 NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO Al'PllOVE AGENDA ITEM 11 (b) (ii)· ORDINANCE NO. 50, SERIES OF lOOS. • t • • • • Englewood City Council October 17 , 2005 Page8 ORDINANCE NO. 50. SERIES OF 2005 {C OUNCIL BILL NO. 44 . lNTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2006. Mayor Garrett asked if there was any discussion. Council Member Barrentine said I will be voting against it for the reasons that I stated before . I don 't need to go int o it again unless somebody wants to hear them . Ms . Bradshaw said no thank you . Ms. Barrentine said okay. Vote results: Ayes: Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, To mas so Nays: Council Member Barrentine Moti o n carried . (i ii ) Council Bill No . 45, appropriating the 2006 Budget for the City of Englewood was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {b) {iii)· ORDINANCE NO . 51 , SERIES OF 2005 . ORDINANCE NO. 51 , SERIES OF 2005 (COUNCIL BILL NO. 45 , INTRODUCED BY COUNClL MEMBER WOLOSYN) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE ASCAL YEAR BEGINNING JANUARY I. 2006, AND ENDING DECEMBER 31, 2006. CONSTITIITING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Council Members Moore , Bradshaw, Garrett, Wo losyn. Woodward . Tomasso Nays: Council Me mber Barrentine Mmion carried . (iv) Council Bill No. 46. ado pting the 2006 Budget for the Littleton/Englewood W.istewatcr Treatment Plant was considered . C OUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I I (b) {iv)· ORDI NANCE NO. 52, SERIES OF 2005. ORDINAN CE NO. 5'.!. SERIES OF 2005 (COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WOODWARD) N ORDI ANCE ADOPT ING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2006. Mayor Garrell asked tf there was any d1scuss1on among Council. There wa none ote results : Ayes : ays 1ouon ~arned Council Members Barrentine. Moore. Bradsha ..... Garrett. Wolos ·n . Woodward. Tomasso one ' .. • • ( ( ( Englewood City Council October 17, 2005 Page9 • 0 (v) Council Bill No. 47, appropriating the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Y) • ORDINANCE NO. 53, SERIFS OF 2005. ORDINANCE NO . 53 , SERIES OF 2005 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROPRIATING MONIES FOR THE LfITLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (c) Resolutions and Motions (i ) Community Development Manager Stitt presented a recommendation from the Communily Development Department 10 adopt a Resolution to approve a loan application IO suppon the ac1ivities of the Housing Rehabilitation Enterprise Fund and to fund the acquisition of 2394 West Wesley Avenue. He said this is a motion to approve a loan requesl with Colonial Bank for the sum of $4 I0,000.00 to assist in the acquisition of a piece of property al 2394 West Wesley Avenue, that Council has previously authoriud. And. also, to carry on additional housing rehabilitation program operations, especially the ACTS Program house ... the student buill house in the City of Englewood. The terms for this particular agreemenl are similar to past loans that we have received from Colonial Bank. The terms of the agreement are : it is a one year loan. the interest rate is 5.5'1> with interest due quanerly a nd ii is si m ilar IO the loan that we received from Colonial Bank for the purchase and rehab of 4165 South Washington Street Currentl y. the Housing Program has in excess of S 1,000,000.00 of housing inventory. It is just at thi s point in time. we don't have the liquid cash IO close on the Wesley propeny and also to continue funding the rehab programs. We anl.icipate that we may have a couple of houses that will sell by the end of the year and dependtng on which comb1na1ion of houses sell. we will be able to pay off the loan and remain in the b lack in the budget for 1he remainder of the year. Mayor Garren asked if there were any questions for Mr. S1in . Council Member Woodward said m the second to last paragraph. the one right above the financial impact on Page 2, 1he very last hne . it ys ·,he loan will be fully repaid IO Colonial Bank when the homes are sold"'. Is there any o utside date on 1ha1. any dale cenain as far as when thal loan would become due? Mr . Stitt said ii would be due in o ne year. Mr Woodward said okay ... whcn they are sold or one year? Mr . Stitt said that is corTeCt. Mr. Woodward said oka y and are there any o p1i ons 10 renew it? Mr. Still said no. there are not. although we could rcncgociaie the loan w11h Colonial Bank. bur we fully an11c1pate 1ha1 1hc five propcrues we have for sale "'ill be sold within the nex1 t"'elve month . Mo:. Woodward said okay. Mayor Garren asl.cd 1f there were an) more questlOIIS for Mr . utt. There "'"ere none . COUN IL MEMBER BRADSHA \\' MOVED. AND IT\\' AS SECONDED, TO APPROVE AGENDA ITEM 11 (C) (I)· RF.SOUTrtO, o. 79, SERIES or 2tl5. RE OLl 101'/ 0 (), ERIES OF:? 5 ' ... .. • • Englewood City Council October 17, 2005 Page 10 A RESOLUTION AUTHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE CITY OF ENGLEWOOD. COLORADO TO FUND THE HOUSING REHABil.ITATION ENTERPRISE FUND. Mayor Garrett asked if there was any discussion among CollllCil. There was none. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (ii) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to adopt a Resolution to approve a Use Agreement with the Englewood Cultural Arts Center Association, d.b.a ., E-Arts, for the non-exclusive use of the Cultural Arts Space at Civic Center. He said this basically docs three significant things . First, it documents the $75,000.00 contribution that Englewood Arts will make to the construction of the space, which Mr. Bcrtoluzzi earlier this evening spoke to. It defines responsibilities for use by Englewood Arts, including the terms and conditions of use, insurance requirements, etc. and finally it establishes priority for use by Englewood Arts, in concurrence with the Museum of Outdoor Arts. Mayor Garrett asked if there were any questions for Mr. Aaheny. Council Member Woodward said just a couple ... I guess background. That lint paragraph that E-Arts has pledged a minimum of $50,000.00, which is now $75,000.007 Mr . Flaheny said it is now $75,000.00 ... that is correct. Mr. Woodward said then under the 8.8, the Notices, this is a question I guess for City Attorney Brotzman ... since MOA is now a part of this agreement, shouldn't they be liSlcd under the Notice? Mr. Brotzman said yes. Mayor Garrett said arc there any other questions for Mr. Flaheny. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) • RESOLUTION NO. 80, SERIFS OF 2005. RESOLUTION NO. 80. SERIES OF 2005 A RESOLUTION AUTHORIZING A USE AGREEMENT BETWEEN ENGLEWOOD CULTURAL ARTS C ENTER ASSOCIATION (dba E-Arts), THE MUSEUM OF OUTDOOR ARTS AND THE CITY OF ENGLEWOOD, COLORADO PERT AJNING TO THE CULTURAL ARTS SPACE AT CIVIC CENTER. Counc il Me mber Wo losyn said I do sit on the Board of Englewood Ans. I receive no benefit from that other than the great pleas ure I take in bringmg Ans to the communny and working ",th the many people who volunteer their lime fo r th is effo n . M ayor Garren asked if there was any discussion among Council. Counci l Member Barrentine said I will be voting against 11. pan of what I said bcfOl'C . I do have a huge.problem with a non-profit orgaruzauon who receives money from the City in funding space, preferen1ial uatment when we have two City Council rnemben on their Board. I think it is a conflict of inacrcst . Tbc Olha' problem with the mo ney ... I have stated that thi s i a $75 ,000.00 contribution. which I do appreciaie any effon from the community "he n they are do mg that. but 111s a $450,000.00 investment from the City. so ... l JUSt want to let everybody know. Mayo r Garre tt a ked ,f there were any other comments from the Council. o unc ,I Member T o masso said I would like to al so state that I sit on the Board. I believe th, will be a ver y benefi ·,al e~pe nse the 11 y , pumng forward and benefit will out-weigh the expense in the Ions run. It will bnng a IOI o f peop le m10 C n y Ha ll a nd mto the C lt } Center area and "e hould see a lol or ,cneratK>II of re ,cnue from th, 11uat1o n ' ,• ) • • • ( Englewood City Council October 17, 2005 Page 11 Mayor Garrett asked if there were any other comments from Council . 0 Council Member Woodward said I would just like to mention that I am not on the Board, but I am in support of this and I think one of the items that Laurett did mention ... it is an investment and I think it is a real investment in our community, and that it is going to benefit, not only the Arts, but the City, the schools and the community in general. So, I am very much in favor of this . Thank you . Council Member Moore said I have a question for City Attorney Brotzman. Dan, a conflict of interest means you have a financial interest, is that correct? Mr. Brotzman said correct. Mr. Moore said Ray and Olga do you have a financial interest in this? Ms. Wolosyn and Mr . Tomasso said no. Mr . Moore said thanJc you . Ms. Wolosyn said thank you, John. Council Member Barrentine said part of the collaborative partners on here have received, and some of the artists have received, preferential treatment, because they know people on here, I believe that that creates some conOict of interest. David Taylor Dance Theatre. I think anybody would be bard pressed with the $258,000.00 thal wc gave him, to tell me what business that he brought into this community. I would like it to be a linle bit more of a process, that was a little bit more at arms length . Council Member Moore said for the process .. .I want to clarify. We have had the point of the conflict of interest put on the table, do we need an opinion from the City Attorney to clarify that the two Council Membcn do not need to recluse themselves? I am asking. It has been put out there ... that there is polential conflict of interest. Caty Attorney Brotzman said the answer is ... there is no conflict of interest. Council Member Barrentine said I still believe conflict of interest is also a personal issue and my personal opinion is, it is and that is all I was putting out I appreciate Dan giving us the legal opinion oo it, but when people uc benefiting. when you are that close to the sitllalion and you have made statcmclllS that this is something that you have worked for, when City money is being given to the extent that wc have provided money. I would like to sec these in the future be a linle bit more at arms length. That is just my opinion. Council Member Moore said, if I may . I understand the coocerns about the process. for the record, we uc law makers . The record will reflect this conversation. Conflict of interest is a legal term. The issue Ir.as been raised . Our Caty Attorney. it will reflect. has said it is not applicable in the circumstances. So that legal term is not appropriate for a body of law makers to be using ... we have to accept it as a legal term and use it appropriately. So I Just want to make sure .. .I understand the other concerns. Th · record sbould clearly reflect that there is no conflict of 1ntere t under the legal term here. That ' what this body is. Thank you. \' ol~ rtsU.lts: Mo uon lUTICd Ayes· a~. Council Members Moore. Bnidshaw. Garrett. Wolosyn. Woodward. Tomasso Council Member Bmenuoc ( 111) Director Ea1on presented a recomrncndallon from the Human Resources Department to dopl a Re luuun 10 ppro,e rc-appomtrncnt of those Hearing Officers oa the llSI approved m 2002 10 bur Ment and D, ·1phn:lr) ppeal he Sllld as Mayor Garren mcntJOncd. the C11y Counctl chd pus a resolution 1n 2002 . appomung three quahfied Helulng Office and the panel ,once esw>hshed. may be rcappoilllcd by the Council on an annual is taff I rccomrncndmg that ou do reappotnt that luil Iha everun&. Ma}Or Garrell kcd 1f 1here were any qucsuons for Ms. Eaton. There wm: none . 0 N IL M HER WOLOSYN MOVED, AND IT WAS SECO OED. TO APPROVE AGENDA ITEM 11 ( ) (Ul l • RESOL ION 0 . 81, ERJF.S OF ltt5. ' .... .. • • - Englewood City Council October 17, 2005 Page 12 ·• • • D CJ A RESOLUTION REAPPOINTING THE HEARING OFACERS TO THE LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFACERS FOR DISCIPLINARY AND MERIT APPEALS. Vote results: Ayes : Nays : Motio n carried. Council Members Barrentine , Moore, Bradshaw, Garrett. Wolosyn , Woodward, Tomasso None (iv) Director Eaton presented a recommendation from the Human Resources Deparuneni. by Motion, to appoint a hearing officer in the Appeal and Request for Hearing on the Disciplinary Action regarding Joshua Cure. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT JOHN DIFALCO AS THE HEARING omcER IN THE APPEAL AND REQUEST FOR HEARING ON THE DISCIPLINARY ACTION REGARDING JOSHUA CURE. Mayor Garrett asked if there was any discussion . There was none. Vote results: Ayes: Nays : Motion carried. 12 . GeHral Discussion (a) Mayor's Choice Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: l . She said I brought up a couple of weeks ago. at the last City Council meeting, the concern that I had on things being d ecided in Study Session ... where things were just kind of agreed upon or we all just kind of knew that was what we were goi ng to do and not being on the record . And one of those things was the dog park and initiating that. One of the things that happened with the dog park was that we went ahead and agreed to have a study done on that. because it was going to be put in a Flood Plain and water studies needed to happen. There was a Task Force that had been do ne . The ongmal Task Force said no, they didn 't want this m Belleview Park and Cashing ... and we went ahead did something for . I think it was Centennial , but that was cost prohibitive, because it was going to be around $100.(X)().00 at the time . All of a s udden here we arc with the water study coming back and finding out that there was just kind of an agreement that we wo uld do a dog park . All those things were happening in Study Session and not out here. So , in endeavoring to try and make these mo1e of public records, that when people need to go back and find o ut how somethin g happened, that it is not on a bunch of tapes on Study Session, that they arc actually on the re cord and voted for . I felt that way a ut the Cultural Arts Room ... people getting together and deciding that they are going to do something and then Council s come and go and then it is just, well we were always going to do that. When the mone y is being s pent is when it needs to be voted on ... when the money is going to leave, not that 11 was budgeted five years ago, because that is not the money that we are spending now. The dog park was never voted o n. I would like. if we are going to move forward with the dog park . for there to be an official vote. The information that wa s provided on the dog park was not conclusive , nor has the community been involved enough for me to believe th at we need to mo ve forward with thi s. at thi s time. for the amounts of money that we are comm,nmg. no t o nl y no\\. but th e future . I wo uld make a moti o n that we not go through with s tarting the dog park at tht> ume ' .., ( • • ( ( C ·• • • Englewood City Council October 17 , 200S Page 13 Mayor Garrett said the motion is that we just appropriated funding in the 2006 budget, which includes part of these fund s. So, to make sure I am clear on the motion, you would like to hold off the appropriation on the budget item itself! He said there arc two pieces ... it is in the budget and also we appropriated money . Do you want to withhold the appropriation or do you want to just take it out of the budget entirely? Ms. Barrentine said I want to take it out of the budget entirely. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED TO REMOVE THE FUNDING FOR THE DOG PARK FROM THE BUDGET. Mayor Garrett said I will second the motion for the purpose of the vote. He said there has been a motion and a second on removing the dog park ... so voting yes means you remove the dog park and no means you do not remove the dog park. Council Member Bradshaw said Your Honor, I will be voting against this, because I do think wc followed the process. I think people need to pay attention during Study Sessions, pay attention during regular meetings, pay attention during the budget meetings, so I will be voting against this. Council Member Tomasso said I will be voting against it also since I heard no opposition to it during Public Hearing on the budget . There was no one here to speak against it. Council Member Barrentine said now how in the world was somebody supposed to know that we put something in the budget? A Study Session is not an appropriate place for things to happen and there is no record on it What in the world arc we doing trying to say that, because something was put into a budget that that is an approval process? You had all of those people thcrc ... all ofthis proccss ... for two years. We gave them a place, land, we agreed, did that in this room and we voted on it and said not a dollar of City money, but we would give you the propcny and yet within in that short a period of time ... now it has gone through a back door and because it got added to a budget. then that is a public process? She said no, I am asking Ray, how_ is that a public process ? Mr. Tomasso said public process is the budget. The budget was presented. The citizens had a chance to look at the budget and if they disagreed with the budget that we presented to them, they had a chance to speak and come before us and speak against that budget. I heard no one that evening stand up and say ... wc do not like this budget, we do not like this piece of the budget, we do not agree with this budget . There was no one and that is on record. because it is part of our minutes. that no one spoke against the budget or any part of the budget. Ms . Barrentine said if you were confident that this was something that the community wanted, then why didn't we have a Public Hearing? So, we would like to have a Public Hearing on whether we should have a dog park or not and make it a little bit more open than going through a back door ... that it got added to the budget item. Co un cil Member Wolosyn said I would just to say. we discussed this before. When wc go 10 the budget. we vote for a pl eth ora of uems and projects. This one in particular. l think. received a lot of public discussion . T.hcrc arc many th ings that don't. I don't know if we are going to have this process where wc come and vote again on every single thing that every department spends money on . I think it would be very cumbersome. Council Member Moore said I too th ink we follow public process . I would like 10 direct the attention tonight to Agenda hem 11 (b) (ov ) .. .I don't have the ex.act figure in front ofmc. l think it was som.Ahing like $47,000.000.00 wa s allocated to the Wastewater Treatment Plant. his a budget that is 40% larger than the City's budget. We did no t s pend hours and hours reviewing that budget . We are being asked to spend significant amounts of time on a $50 ,000.00 appropriation for this budget. h ,s my <.pinion tha1 wc follow the process. I am bothttcd that we have to d,,sect the budget and bring each item forward that is obJectionablc to a Council Member here . I am happy with the uve rull proce ss . For th ose o f yo u who don '1 kno\\. the Study Session ,s the opportunity where we get full fledged 1merac11 o n. Thi s se ssion start s at 7 :30. h has a ho st of item s on ll. Study Session 1s where we get more opportuml) to d,sc u;,, thon gs. It is pubh c . 11 ,s recorded and II is not inappropriate. Any of our dec1 ions that we have made s on e I ha ve been 0 11 Co uncil. I do n't feel the were 1nappropria1cly hidden and I wall v01c no according! . ' • • Englewood City Council October 17, 2005 Page 14 ·• • • 0 l. Council Member Woodward said I am in agreement. I think this issue has gone on for years ... certainly through the public process and quite frankly I resent the term "back door". Study Session is a public meeting. It is available. I think the Study Session agendas arc posted and so it certainly wouldn't be through the "back door". I think that is a personal opinion and it seems to get down to the items that, at times, if you arc in disagreement with it, you want thi s public vote. And certainly thi s item has probably been examined as much as any item that I have been involved with over the past 15 months that I have been on Council. So, I will definitely be voting no. Council Member Barrentine said I will have to agree with your statement that it is only things that I agree or disagree with that I want a public vote on. The Study Session is open, it is public, and it is a place for us to discuss things ... that is true. It is specifically not supposed to be where we decide things. Discuss, have information provided, but not decisions. That is not the purpose of the Study Session. It is not the proper forum for the decision to be made and I have insisted on decisions not being made in Study Session regardless of whether I agreed with them or not. I used "back door" because I think that is an appropriate term for that. For all of a sudden for something to just exist, for citizens who come to me and go, where did that get decided, where can I go and sec who voted for that and how it was decided. That process should happen here by a vote when we arc 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. That is why I am calling this vote . Council Member Woodward said well at least I feel comfortable with you saying that is why you are calling it a "'back door" process ... you are owning that as your opinion. I disagree. Council Member Barrentine said I don't think we do it with just thi s. I think we do it way too much. I think way too many decisions get made in Study Session and they arc not supposed to be made there . And so, I am going to be ve ry diligent in making sure that doesn't happen, so that when somebody asks me ... who vOled and what happened ... they have got it on record, in the minutes. in this Council. in this session .. .in these meetings. not in Soldy Session. ( Vote results: Ayes: Council Member Barrentine Nays : Council Members Moore, Bradshaw, Garren, Wolosyn. Woodward, Tomasso Mouon defeated. ~ She said I wanted to thlink Public Works. The woman whose husband was very ill at the beginning of the year ... he was in hospice and we were able to put a handicapped sign out there ... it was important 10 her and it manered a great deal. Her husband passed away . She called me four days a~o with another problem and that was because she was dead ... and I thought she sounded 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 her deceased hu band a lcncr ex pre ing 1he1r regret that she had passed away. so there was some problem with some paper work and because o f our o pponumty to work together and the fact that she was left feeling so good. she did call me. I did ru k he r .. I had hoped I was n 't the fir t person he called. but at leas t by 5 o'clock the next day we had her alive . I "ant ed to make ure that I 1d something about the wo rk and cffo n put fonh on the pan of our County o mm1 ss1o ner usan Bec kman and our Co ngrc man T ncredo to clear this up . When she called back. she said that th e one thing that she "a ddc I about. wa s that he ,.-anted to say goodbye to Ladd and make sure that you guy l.ne ,. tha t he JU..St d1dn ·1 leave and didn't do anything .. .let al ne die on you guys . he al wanted 10 thank Pubh Worl.s .a nd s he would hkc Ladd 10 come and v1s11 her 1f he has a chance. 3 S he 1d a a fo ll o w up o n UnD1 1. the new restaurant talong over the Fratelli ·s propcny. I wanted 10 thank Pubh \ ork for going o ut there and hccl.:tng on that concrc.,. so that they could go ahead and get thal process tal.cn care o f while the are 1111 under construcuon. rather than having more interruptions. Hopefully. they arc goin g to be pemng soon a nd they ,. n ·1 have an interrupt, n to their busme m try1ng to fi~ that concrete outside. I Ju I "ant ed to tell you i uy~. th anl you very much . t11l ouoc1l lrm bc r 1oorc said I need lanfic at,o n. so I I.now v.hethcr I need 10 request JJd,m•n.il intorm.11 1,,n 1 ... ,, "'ee ~ ago o unc,l Member Barrentine ra1..:d ,·oncerns bout Community l)c,d,,pmcm J1J the, >1wnr a,mt,d o ne o f our mzen o n a boat I uc o mmunll) De,clopment ubscqucntl) re pl>n..!cJ "1th their,~ ,on of 1h1 uu:it,o n If I ma ). I "o uld Ille to a l 1f the =pome recel\cd "J adequate. ' • • - (_ ( Englewood City Council October 17, 2005 Page 15 0 such that we know with respect to that issue with the Butlers. Community Development merely followed the rule s that we had laid out for them and if not, I would like to think that we will look funher into this . But Ms. Barrentine, I wo uld like to ask if you arc comfortable with the response we had with respect to the Butlers? Council Member Barrentine said no. The original response, when I had called , from Gary Scars. our City Manager, was suspicion in that they even contacted that department to find out what the rules were, leading me to believe that the preference would have been that they just go ahead and do it anyway ... what they made an issue of they should have just done it anyway. I guess better to ask for forgiveness . Unfortunately , they had dealt with the Building Department before and because they had had a lot of problems with that process in I 998 in building a carport, they thought it wise to go ahead and try and make sure that they were following the rules. In that five block area around them, there arc almost 20 different addresses that I have that have this exact same material, either fabric or metal tent . Now. if we are going to enforce something, then it needs to be enforced. It is not attached. It is in their back yard . It is not permanent. No, the answer they gave is not adequate. Mr. Moore said then is it not factual? ls that your concern? Ms. Barrentine said for what they arc trying to do, for their purpose. it is not a permanent structure, it is not attached, and they arc being told they need to make it out of the same material. There is not a consistency going on . When I go around and talk to other people that have these carports ... some of them are using it like a patio, some of them have it where it is kind of a garage and some of them have it in their back yard where it is storage, so it is being used for different things . To put this in the same area as being a carport ... as a permanent structure, is not appropriate. Mr. Moore said I don't know if perhaps Lauren can answer this for me . I was reading the UDC and I am just trying to di stinguish if this is an issue with the UDC or if this is an issue with Community Dc11elopment. I believe you arc saying it is an issue with Community Development From the information they provided, it seems very clear to me that this is what our UDC calls for . [fit is just you understanding the UDC, then l don't believe there is further investigation necessary. Was there something that I missed in this communication from them, that they applied the wrong section of the UDC to answer the question? Council Member Barrentine said from the information that the citizen gave me ... that they were using it as a carport, that it would be attached to the house and none of those things were uuc. They are IIOl giving consiSlent information o ut. No. I don't think it applies. Mr . Moore said I guess we don't have any Study Sessions coming up . We will have to let the next Council address this. I am go ing to act on my behalf, with the information that has been provided .. .I would like to apologize to Community Development. The record says it shows them being accused of being "sttong armed." From the information that I am seei ng . they followed. like it or not. they followed the rules that this Council and prior Council s codified . So. until I understand better where they misacted, I am uncomfortable with the record that arc in o ur minutes thi s week renccting that they behaved in such a manner . And until l can see otherwise. I will go ahead a nd ex tend an apology on my behalf. I would like that to be in the record . Ms. Barrenune said I believe when I used the term .. strong arming" ... I'm not sure I was tallung about the Butlers. I thmk I was talkmg about them not giving accurate information and not going out and checking. like o n the property where the gentleman had to go out and get anothcT architect and go to the County Assessor who was able to give them the accurate information. although it cost him, I think . about $5,000.00. Or the .. strong arming-might have ome into play when I w talking about the s ign and the money that the City has available in that Enterpnse Zone, which 1~ almo tall of Broadway ... to go ahead and give them addiuonal money if they want to upgrade and do 1gns , bu 1 that they "ere "strong arming" people and then making them adhere to other ordinance . that they were actuall y gra ndfathered mto and using thi money bribe money . So I may not have been referring to the Butlers with the ·· 1rong armed" commenl , but I don ·1 apolog ize for using 11. Mayor Garrett sa id tha nk you John (111) Cl>U11,·1I lember Bradshaw· ' .. .. • • - Englewood City Council October 17, 2005 Page 16 I . She said the Housing Authority is looking at building a new senior high-rise at the comer of 285 and Pennsylvania, on the northcasl side there and Jim Woodward and I had an opportunity today IO view four different developmcms. !just can't wail This is going to be almost a market rate senior high-rise, so that it will allow people to stay in Englewood instead of moving to Riverfront, where a lot of my parent's friends had IO move because they aren't that available in Englewood. So we arc looking at, I think it is between a 68 and a 71 unit building. Not structured like Simon Center and not structured like Orchard Place, but higher in the median income. So, we have a special meeting this Thursday at 5 o'clock at the Housing Authority, with the subcommittee, IO decide on the developer. But both developers had a lot to offer and it is going IO be a very tough decision ... but it is exciting because, maybe, this will fill the need that some of our citizens have been requesting. You can't qualify for low income, some can't afford the Meridian or the Kivas and this will be in between. So, it will give them an option. We arc looking at one and two bedroom units. I believe the one bedroom is going to be 750 and two bedrooms 830 square feet so they are going to be nice sized units. So it is a tough decision, but it is going to be fun. 2. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NOS. 82, 83 AND 84, SERIES OF 2005. RESOLUTION NO. 82, SERIES OF 2005 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NO. 83, SERIES OF 2005 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATIORNEY OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NO . 84, SERIES OF 2005 A RESOLlJl'JON ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any Council discussion. Council Member Barrentine said I would prefer that they get broken down, but I can make the comments that I need to. I will be voting against iL I am privately ... and last year I had the same concem ... that we are not &oing through a proper process in holding people accountable, having some kind of cscablisbcd expectations so that we can have 1 more objective process at the end, of pay increases. Separ11ely, it speaks less to the performance of the people individually as our process at this point and I wanted to make that clear, but I do have a huge problem with it. I expressed that last year and it did not change. The third being the judge who is an elected official. That evaluation doesn't have to happen. because that evaluation happens when people vote for him. If they vote for him then he's got his JOb approval, his job rating . However, other elected officials setting that rate ... ) would be much mor~ comfortable if the citizens of this community made the decision on what those services were worth 10 them. So. I have a huge problem with the process still . Mayor Garrett asked if there were any other comments. There were none. Vote results: Ayes: Nays: M otJon carried. Council Members Moore. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Council Member Barrentine (Clerk's n 1e : The Resoluuons establishing an nual salancs for the City Manager, City Attorney and Municipal Judge were listed as items 12 (b) (1). (11) and (i ii) on the Agenda .I 3 . She said m reading the minute that John referred to ... l was really taken aback by some of the grandstand mg that goes on with Ms. Barrentme and her obvious lack of understanding of the budgetary process . t .. ..• • • ( • Englewood City Council October 17, 2005 Page 17 Mayor Garren, on three different occasions, asked for Council Members to bring their concerns forward and not until the day of the budget meeting was the Cultural Arts room even brought up. Mr. Moore and Mr. Woodward complied with that request and brought their concerns forward. If Ms . Barrentine would read her packet before the meetings, then she would be able to participate in the relevant discussion. I am sure the Council would appreciate it and she would gain a better undentanding of the entire process . Council Member Barrentine said I think that is a great example of grandstanding on your part and I am not going to give your comment~ any kind of justification or comment. (iv) Council Member Tomasso: I . He said I would like to thank Public Works and the Transportation Advisory Committee for coming up with a solution for the intersection of Logan and Eastman . I know they have been working on it for six months, the residents have been working on it for two years and it looks like there is a resolution al this point. through some very creative problem solving by both agencies and particularly Public Works. 2. He said I would like to thank Commander Sanchez for looking into the problem of people running the stop sign at Galapago and Kenyon. 3. He said on a sadder note, I would like: to note the passing of Roger Brown. a former citizen of Englewood who was the editor of CED magazine. He passed away from melanoma about a week ago. He was always involved in the parade . He joined even after moving south of here. He came back and met with his former neighbors on Saturday morning to put together a float for the parade ... and he did it every year, come rain or shine or whatever. They were always out there in the parade. (v) Council Member Woodward : I . He said I want to second what Bev had talbd about ... the senior affordable housing. which I think is just a great opportunity for us in the community and something that is really -scd. Being out in the neighborhoods a lot here recently in the last six weeks, I run into a IOI of citizens thal have Ii~ in the community for 40 or SO years . This begins to answer some questions for them about where they may live when they don 't want to take can: of yards and can't walk upstairs and that sort of thing. So, I think it is just a great opportunity. We IOI IO see some really nice places today . 2 . He said I want to address some citizen concerns thal I have heard regarding the calming islands on Oxford. I do know that we arc giving it a period of time to take: a look at it. but one major complaint that I am gelling is that during the rush hour periods, the turning lanes tend to back up into traffic and the placement of those islands could end up being a hazard. So, I think that is something that we just need to take a look at in the coming months as we arc analyi:ing those calming isl31Jds . I think the lights arc very effective. Mayor Garrell said arc there specific intersections where that is occurring? Mr . Woodward said the one by the park ... thc two at each end. If you arc going to the west from Broadway and you go to take a left , right after the island. A number of cars ... two cars pull in. the third car I think hangs out ,mo the traveling lane. And so at 5 o'clock during the evening or4:30. it gets Sl8Cked up . Same thing going wut. right by the Recrcauon Center wh"crc that island is. it just seems like the island may be in a hazardous area riaht there. (vi) Council Member Wolosyn said I would like to thank Dave Lee for the updaicofthe Parks Master Plan and ask that Council be informed of the dates as the Public Forufu's are scheduled . 1'1lanlt you . 13 . Oty Manqer's Report Cu) Manager Scars did not have any matters to bnng befott Council. 1-i . Oty Attome. 's Report ' • • V Englewood City Council October 17, 2005 Page 18 City Attorney Brotzman did not have any matters to bring before Council . 15 . Adjournment MA VO~~ ~~VED TO Z'OURN . The meeting adjowncd at 9 :06 p.m . 7Jf)a;;Pok ,/ ~=., City Clerk ... • • --. PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: November 7, 2005 lPLEASE LIMIT YOUR PRESENTATION TO FIVE laNUTl9 PLEASE PRINT .... N ... AM __ E ________ A __ D._DR __ E __ s __ s ____________ 1 ..a;::: ' • • C ( COUNCIL COMMUNICATION .· Date: Agenda Item: Subject: November 7, 2005 11 a i IGA with the U .S. Department of Justice Related to a Federal Equitable Sharing Agreement Initiated By: Staff Source: Safety Services Department Chris Olson, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental cooperative initiatives. Continuation of similar agreements RECOMMENDED ACTION Recommendation from the Safety Services Department to adopt a Bill for an Ordinance allowing the City Manager and the Director of Safety Services to sign a Federal Equitable Sharing Agreement with the U.S . Department of Justice. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a standard agreement between the U .S. Department of Justice and local law enforcement agencies to allow for the disbursement, with restrictions, of federally seized or forfeited cash or other property to those local agencies participating in cooperative interdiction efforts. FINANCIAL IMPACT No expe nditure impact on the City's part, but could, as it has in the past, result in significant asset distributions to the City for law enforcement purposes . LIST OF ATTACHMENTS Bill for an Ordinance • • ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY ABILLFOR. COUNCIL BHL NO. 54 INTRODUCED BY COONCIL MEMBER ------ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BN111t.BD "PBDBllAL BQUITABLB SHARING AGREBMBN'r UTWEl!N THB . UNITED STATES DEPARTMENT OF JUSTICE AND THE CITY OF BNGLBWOOD, COLORADO PERTAININO TO 1118 DJSBUU.BMBNT, WITH RESTRICTIONS, OF FEDERALLY SEIZED OR FORFEITED CASH OR OTHER ':.PllOPER.TY. WHEREAS, this Agreement sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of the federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating law enforcement agencies; and WHEREAS, authorization of this Agreement is valid for the City of Englewood's continuation of participation in the United States Department of Justice Federal Equitable Sharing thru September 30, 2008; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the intergovernmental Agreement entitled "Federal Equitable Sharing Agreement" between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized of forfeited cash or other property, attached hereto u "Exhibit A". Section 2. The City Manager is hereby authorized to sign said intergovernmental Agreement between tile United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of November, 200S. Published as a Bill for an Ordinance on the I Ith day of November, 200S. , Mayor ATTEST: Loucrishia A . Ellis, City Clerk -1- • l I • ..... ,, I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, bcrcby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of November, 200S . Loucrishia A. Ellis -2- ' •. • • C ( ( •• • • • Federal Equitable Sharing Agreement VALID THRU SEPTEMBER 30, 2008 Law Enforcement Agency: Englewood Department of Safety Services 0 Check if New Panicipant Q')Policc~ 0 -·Office QOdler _____ _ Contact Person: Christopher H. Olson E-mall Addreu: colson@cn&lewoodgov.org Malllng Address: _J_61_~ __ s_. E_,1_ah_· _st _________ <'""~.,..ily->_ooc1 _______ <~_0_> __ __,,;::.,..1...,~-o-> __ _ Telephone Number: ~ _7_62_-2_4_71 _____ _ Fax Number: ~ _7_62_-2_4_9_1 ------ Agency Fiscal Year Ends on: _1_213_1 ______ _ NCIC/ORIITracklng No.: _c_ooo_J_o_100 ____ _ (Mombll)ay) This Federal Equitable Sbarina Aarecment entered into amona (I) the Federal Oovemmenl, (2) the above-stared law enforcement aaency,. and (3) the governing body sets forth the requirements for participation in the federal equitable sbarina proaram and the restriction, upon the use of federally forfeited cub, property, proceeds, and any interest earned thereon, wbicb are equitably shared with participatin& law enforcement agencie1. By their si1narure1, the panics aaree that they will be bound by the 1tatutes and auidelines that reaulate shared u1et1 and the followina requirements for participation in the federal equitable 1barin1 pro.,.m. 1. SubmlHlon. Tbe Federal Equitable Sbarina Aareementand the Federal Annual Certification Report mull be submincd to both the Depanment of Justice and the Department of the Treuury witla a copy provided to tlae U .S. Anorney in the dillrict in which the recipient law enforcement aaency is located, in accordance with the instructions received from the respective departments or u outlined in their equitable sbarina auidelincs. Anet Forfeiture and Money Launderina Section U.S . Deputment of Justice 10th and Constitution Avenue, NW Bond Buildina, 10• Floor Wubinaton, DC 20530 Fu: (202) 616-1344 E-mail addrC1s: otlnls.ocar.ilusdoj .gov Executive Office for Asset Forfeirure U .S . Department oftbe Treasury 740 1'111 Street, NW Suite 700 Wubinaton, DC 20220 Fu: (202) 622-9610 E-mail addreu: treu.aca@tcoaf.qcu.gov 2. SlgnatorlH. This aareement must be si1ned by the bead oftbe law enforcement qeo • and the bead of the aovernina body. Examples of law enforcement aaency beads include police chief, sheriff, director, commissioner, 1uperintendeo1, administrator, cbairpenon, secretary, city attorney, county attorney, di11rict attorney, prosecutina attorney, state aaorney, commonwealtll attorney, and attorney 1eneral. ExamplCI of 1overnin1 body beads include city manaaer, mayor, city council cbairpenoa, county executive, county council chairperson, director, secretary, administrator, commi11ioner, and aovernor. Racelpt er tlle sl&•ed aareeaHt 11 a prerequisite to recelvl•a aay eq•ltably sbared ca1b, preperty, er precffda. 3 . U•••· Any shared asset sha ll be used for law enforcement purposes in accordance with the statutes and auidelincs tllat aovern equatable sharina ond as specified in the equitable sbuina request (eitller a DAG-71 or a TDF 92·22 .46) submitted by the requcstina 11ency. 4 . Tranafers. Before the undersianed law enforcement •aeocy transfers cub, property, or proceeds to oilier 11ata or local law enforcement aaencies, 11 must verify first that Ille receivina aacncy bu a current and valid Federal Equitable Sbarlaa Apwment on file with both the Department of Justice and the Deparllllent oftbe Treasury. lftllen is no aareemnt OIi Ille, tbe WMlenianed law enforcement aaency m1111 obtain one from the rcccivioa aancy and forward it to Ille Oepanment of Juatice and Ille Department of the Treu11ry II in item I . A 1i11 of recipients and Ille amount transferred must be attacbed to die Peden! Annul Ceruflcation Rcpon. - • X .. I • + A ... .. ,, ' • • • 0 S. lntamal Controla. The panies agree to account sepantely for federal equi11ble sharill1 funds received from die Depanment of Justice ud tbe Depanment of the Treasury. Funds from s111e ud local forfeituna ud olher sources must 1101 be commillped with federal equitable sharina funds. The recipie11ta1ency sball osllblish a sepanlO revenue account c . accou11ti111 code for state, local, Depanment of Justice, ud Depanment of the Treuury forfeimre l'unda. Interest i11come 1e11erated must be accounted for in tbe appropriate federal forfeiture fund account. The parties aaree that such accountin& will be subject to the sllndard accountilla requiremen11 ud practices employed for oilier public monies as supplemented by requirements set forth ill the current edition oftbe Depanmeot of Justice's A G11id• to £9ulloble Slrari111 of Fn•rally Forf•ltn Property for.State and Local Law E1tforr:e•e111 A1Mclu (J,utlc• G11ide), aad the Depanment of tbe Treasury's Guid• to Equltabl• Slrari111 /or Forel111 Co,i,,trlu and Federal, S1111e, a1td Local Law E1tforc•me11t A1•11clu (Tr•o.n,ry Guide). The accountina of sbared funds must be reponed 011 lhe Allllual Certification Report. The misuse or misapplication of shared resources or the supplan11tion of uim111 resources wilh shared UNII ii prohibited. Failure to comply with uy provision of tbis asreement sball subject tbe recipl1111t apacy to die 11111Ctiou stipulated in tbe currnt edition oftbe Jrutlc• or Tr•a.rury Guidu, dependi111 011 lhe source oftbe l'ueda or property. I. Federal Annual Certification Report. The recipient a1e11cy shall suhmit u Annual Certification Repon to die Depanment of Justice ud tbe Depanment oflhe Treasury (at the addre-shown ill item I) ud a copy to die U.S. Attorney ill tbe district in which the recipiept a1ency is located. The certification must be submitlOd in accordance widl the illstr11ctions received from the respective depanme1111 or as outlined in the Jrutlce or Tratuury Guidu. Receipt of the certification repon is a prerequisiio to reccivina uy equitably shared cub, propeny, or proceeds. 7. Audit Report. Audits will be conducted u provided by die Si111le Audit Act Am1111dmn11 of 1996 and 0MB Circular A-133 . The Department of Justice ud the Department of the Treasury reserve tbe ript to coDduct periodic: raDdom audill. la. During the paat 3 yeara, haa your agency bNn found In vlolatlon of, or entarecl Into • aettlement agrNment purauant to, any nondiscrimination law In federal or atata court, or before an administrative agency? ~Yea 0No (If you uswered yea, aaach relevut information. S.. iuwctiou.) lb. An there pending In a fedaral or atata court, or before any federal oratata administrative agency, ..,._cllnga agalnat your agency alleglng dlacrlmlnatlon? QNo (If you uawered yes, aaacb relevut iaformation. S.. iutr11ctions.) The undeniped certify that the recipient aaency is in compliuce witla tlae nondiacrimiulion roquinmnu oftbe followilla lews aad tbeir Department of Justice implematiq replatiou: Title VI of die CiYil llipll Act of 1964 (42 U.S.C. t 2000d •ueq.). Title IX oftbe EducationAmendaa11of 1972 (20 U.S.C. t 1611 ., .... ).S.Ctioa '4Mofdle RebabilitalioD Actofl973 (29 u.s.c . f 794), aad the A1• Diacrimiaatioe Actof 197' (42 u .s.c. f 6101 ...... ), ndi prvhibit discriminatioa on die buis of race, color. natioaal oripa, dlauilily, or ap ia uy fndanlty auiatlacl pn,pui or activiry. or on die buis of Mll ill uy fedenlly uailUNI ed11eation propaa or acdYiry . Under penelty of perjury, the wideniped officiels certify tlaat Ille recipiat -or local law •forcemat apacy ii ia compliaace witb the provisions of the Ju.,tiu llld/or Tratu..,,, GMl4u and die Netioaal Code of l'Tofaaioaal Coaduct for Auet Forfe1tun. -{PriDI ... T~J Christopher H. Olson o... ___ _ Law Eall>n:-A--,Had "-~•l),l),_o.y__,'-s-s ______ o.. O......WJ'-' --- s..,..._ ________________ _ ~·------------- ,ado: Director of Safety Services l\iJ -.. ..,.. •..... , ..... o1....._ "" .. .., ............ 'u.s.c f SS1. s.c wwwMte-cn"'!9MeJe:WI• ..... ,-,,-7 .. - ' .. .. • • - ( • • 0 Federal Equitable Sharing Agreement Instructions Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency -e.g., Anytown Police Department This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out lf a task force, pro_vidc a list of member agencies, addresses, and lead agency, if designated. New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable sharing program. Contact Person: Enter the name of the person who can provide additional information on the sharing agreement fonn. E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency. Mailing Address: Enter your agency's complete mailing address (number, street, city, state, and zip code). Telephone Number: Enter the phone number of the contact person, including area code and extension. Fax Number: Enter your agency's fax number including area code. Agency Fiscal Year Ends on: Enter the ending date (month/day) of your agency's fiscal year -e.g., 6/30. NCICIORI/Tracklng No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code -e.g., CAOOOOOOO -or tracking number assigned by the Asset Forfeiture and Money Laundering Section. Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement agencies that receive federal financial assistance from the Department of Justice (DOJ) arc subject to the provisions of: ( 1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4) the Age Discrimination Act of 1975, which prohibits discrimination on the buis of ap. Federal financial assistance includes funds , training and technical assistance, logistical suppon, and property transfers from DOJ including equitable sharing. Agencies receiving assistance arc required to permit DOJ investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights laws. If tile "yea" bo:i la elaecked la la Hd/or lb, provide tbe following iaformatioa: tbe aame of tbe cue; a summary of tile complalat; ud tile statu of tile cue -&6., Joaes v. Aaytowa Police Departmcat; se:i dlscrimiaatioa; settled. Please do not send a copy oftbc complaint Law Enforcement Agency Head: The head of your law enforcement apncy must sign and date the form. Name and title of the signatory must be printed or typed. Examples of law enforc.ement agency beads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosec uting attorney, state attorney , commonwealth attorney, and attorney general. For task forces , the law enforcement age ncy head is the pers on who oversees task force operations and may be the chief law enforcement officer of the lead aaency -e.g .. police chief or sheriff -or a commander, li eutenant, or captain who oversees task force operations. By signina the agreement, the signatory certifies that the receiving state or loca l law enforcement aaency is in compliance wi th the Jus tic e and Treasury Guides, and agrees 10 be bound by the statutes and iUid e lines which reiUlate the equitable sharina program. Governing Body Head: The bead of yo ur governing body must sign and date the form. Name and title of the s ignatory must be printed or typed . Fo r purposes o f this form, a governing body is the persoa or entity that bas appro~tions authority over your a gency. That is , the go verning body bas legislative a uthority to approve your a,ency's 11111ual budpt. Examples of go ve rn ing body heads inc lude ci ty manaaer, mayor, c ity counc il cbauperson, county executive, county council chairperson, director, secrctllly, administrator, commissioner, and go vernor. la 1eaeral, a law nforcemnt offlclal sMllld aot DI• as tbe goverain& body bead. A n e:iceptio n wi ll be granted for la w e nforcement officials that have appropriations authority over a tas k force. Fo r tas k forces with a go verning board, the bo ard chairperson should sip u the aovemina body bead. T:isk forces w hose b ud gets 111e ap proved in the same manner as a ci ty, county, or state law enforcement a pncy should obtain the signature of the appro priate official -e.g .. city manager, mayor, etc. By sipina the a,reement, the s ipatory cenifies that the receiving state or local law enforcement agency is in compliance with the Jus tice and Treas"'>' Guius, iiiii'° be bound by the statutes and guidelines which regulate th e equitable shari na pro gram . ' • • _ .. ( ( ORDINANCE NO. SERIES OF 2005 ·• • • BY AUTHORITY COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8, PERT AIN1NG TO REFLEXOLOGY . Whereas, the regulation of Reflexologists is necessary for the purpose of protecting the public health and safety; and Whereas the current Massage Therapy license does not address the special circumstances applicable to practitioners who limit themselves to Reflexology on the feet, hands and ears ; and Whereas a separate license will address Reflexology as a separate type of licensed activity; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby amends Title 5, of the Englewood Municipal Code 2000 , by the addition of a new Chapter 8, pertaining to Reflexology, to read as follows: Chapter 8 REFLEXOLOGY, ~ Definitions For the oumose of this Chaoter the followios definitions IPPlv· Licensee ·s Premises· The Premises specified in an APWPxed appJicatjoo for a licens YP<kr this Chanter whi ch is owned or in the possession of the liceuses; and withip which such licensee is ilutnorized to carrv on the nractice of reflexo logy or receive cesuests fw the sYPolxins of reflexology Off Premises Reflexology · reflexology oerfopned outside the licensee's oremises Reflexology· ls the nractice of stimulating ooints bv APPiication of Pressure on the feet up to the knee hands uo to the elbow, or external ears Oenncd reflex zones or oointsl of a client who is fullv clothed exce ot for shoes and socks, for the purpose of n;laxation or Providing a beneficial effect on some other oans of the bodv or to imorove general health Refle:rofogist /Reflexology Pra ctitioner A nerson who YRS mesial PCFMWF techniaucs on the reflex zones of the feet hands or external cars of a client who is fullv cloth@ exceot for shoes and socks and who bas met the educational slAPdards set forth io this Chaots, Reflexology 9inic · Aux establishment where anv PSrsoo finn PVlPmbiP, usociation or comoration en gages in carries on or oeDWts to be eusascd in or carrjgt PP ux of the activitin under the definition of "re Qexology" in this Chaotq 11 bf ' .. ,, • • 0 (J 5-s-2 · Ljcense Regujred It shall be unlawful for any person to offer or oerfo any kj?d iP the Cjtv of EngJewood wjthout figt ob::2ex?Jogy for any fee~ P:JPYPeratjon of ronowmg cJasses of persons who ma . 1 Jacense for such acqpty except for the . v on gccasaon APPIY Ptesswe to th hands ti ears w the course of thejr usuaJ duties _eeet and extemaJ f. ~hvsiciAJ?S, O!leopaths, ~vsical theAPists chiropodists podiagjsts or hceJ¥ied !P th1s State the" offices and cJinjcs and an . . . chiropractors semces m thejr offices and clinics under th . .P?Ji9P' PWYJdJPs reflexoJogy ------·-------_ev SYPCCYlSIQQ and dirpctigp Hospitals and all oersons emoloved bv institutions APd . . as hospjtaJs whiJe perfonpjns their usual d ti .thin :JabJash_mepts _Ju;".nsed by the state liGw'4. dLSS Wl -_e bOSQltaJ or mstJtution so Resistered uYOes and licensed mactical nurses . . . usuaJ ouoios duties perfonmns services JP the course of thejr Cosmetolosists and barbqs dulv liGFDIE4 d th 1 . r th · . YPJr e aws of thtS State actipg in the course oe1r usual duties as cosmetolo@ists ud J>arbers, Jrajners of any recomizcd amateur · ti --------sem, .. nro essiopal or nmfi . nal thl team.essio L ete or athletic AcupuncNfists licensed bx the swe ofColggdp perfL . . . usuaJ duties as acupuncturists onmns sernces m the course ofthejr Massage theranists LiceDK4 to ncm r£ · . . -~ WIIMBG tlpapy µpdcr this Cgde whFP oe onnans such scrv1s;es 10 the course of their YMW dutiea 5-8-3; Aoolication for License The ~nnlication for a Reflexolo@ist License shall be made . . . . 0U nJe s Cha pter 1 JP accordance with the proy1s10ns ln.!Wdition the annlicant shall be reouired to nroxi4e the followips · .1.. Insurance Rceuired · Lice h Id ~ of iosurance·nse o ers are reoujred to maintain Jhe foJJowjns JeyeJs L Progf of Profcssiogal Liabilitv iPIHAPGC tp FPPRF ip the . refJexoJosy ·th · · . . pgct1ce or WI a m101mum cqmhippd l!PR!s Jimit f tiab·t · . ioiurv and . . 0 PIX fq; bosl!Jx WRPS:JlY 4eroese ofogs mathon dolM CSI 000 000 00) pq OCCUIJSPCC and IP the IRRIS811G 2 ' .. • • ·• • • 0 ( ' i.. ii. d investigatiop N d· backgroyp - C · minal Backsroun h · 1 to a oolice ~ _n____ uiredtosvw. __ . shall be reg_ .1.. The aoohcapt 1· ation nrocess fthe IPPJC_ ,, __ owo . · · of the 4ceose . . . aru1 Restnctmns --. ddjtjopal 1JCCPSFS · at CoodlPPUS -. . 1 the followtns 8 '-8-4-Spcci_ - 1 (thl§ Ille --.;.v . u Chapter . o ,..._., --d . ·~ ........ _ ...... ..._ In lllk11L,.. iboll ....,. IIFFII ooxiGIFli pf" """'"' op! Pl who hp . Llcm; . "th a felony rec_ . ReQexolpKJst ·- A No aoohcant wbe1 ••owg1 19 ob.li1u . 'SPPIPisml '"" -rum, . ...., !WIii --·-· lid ""9¥ m · .., _,!Fl ·---. an display • ya__ pgsgns cmeoos -ctjnjc hcensee sh be readily seeo by Re0•"9!9KY -· · ;, ---· oud who, IL EVSIY --lpmlimrn. . ·--wjthjn the reQexo I qgy ReQexologgt 1 l9gjO iboii-I gy CliPis ·1 E''IY li<rnwl BF!"91NWtlc pfll,; mkNul .., ~illili 1K -Jo UI C. d ct1n2 bustn__ v rr:flc12lo_ -con _y _____ ful for AP ---- -. §han be yplaw_ --MPiWY mappg · R QJUISPPII, ii · illl <lao aml dqj"" ll. s.w1,1L< liuiini'9t "'"""' "Q("llaglpgy 11-10 mamtam oytsjde the sco rf ggn DJASHBC · 1 may notoe }Al.ERIJe.JQlse,x5:011.11.s0ug~1~s1..ll_111-"""----f. win. • • ( 3 •• • • 0 )---. t.,~ A Reflexolosist max not diagnose nrescribe or treat for specific diseam or adiust medications, 5 .. g .. 5· More Stringent Citv Staudards Prevail The orovisions of this Chaoter shall supersede anv conflictin@ statutorv provisions in the Co lorado Revised Statutes. Section 2 . Transitional Period. Any person who can show proof that they were doing business as a Reflexologist in the City of Englewood on or before September 1, 2005 and who can show evidence of completion of a Reflexology program but who does not meet the specific educational requirements set forth in 5-8-3(C) EMC above, shall be granted a one (1) year license to allow them to practice Reflexology if they meet all of the other conditions for the license. After this one (I) year grace period they must then meet all educational requirements for re- licensing. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 . Effect of repeal or modification. The repeal or modification of any provisi9n of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeirure, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , amended and passed on tint reading on the 17th day of October, 2005 . Published as amended as a Bill for an Ordinance on the 21st day of October, 2005 . Read by title and passed on final reading on the 7111 day of November, 2005. 4 ' .. ,• • • Read by title and passed on final reading on the tll day ofNovember, 2005. Published by title as Ordinance No. __, Series of 2005, on the 11th day of November, 2005. ATTEST: ,Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.__, Series of 2005. Loucrishia A. Ellis s • • C ( ORDINANCB:MO. SERIES OF 2005 0 . COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTIONS 2 AND 3, OP 111B ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOOISTS AND CLAIUPYING INSURANCE RBQUIRBMENTS. WHEREAS, It has been determined that because the practice of Reflexology is limited to the hands, feet and ears, it should be licensed separately from the massage therapy; and WHEREAS, The insurance requirements for massage therapists are amended to require professional liability rather than general liability insurance for the duration of the license; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 5, Section 2, of the Englewood Municipal Code 2000, by the addition of a new Subsection G, pertaining to Reflexology, to read as follows: Chapter 5 MASSAGE THERAPY 5-5-2: License Required. It shall be unlawful for any person to offer or perform a massage for any fee or remuneration of any kind and it shall be unlawful to operate a massage therapy clinic in the City of Englewood without first obtaining a license for such activity except for the following classes of persons : A. Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or chiropracton licensed in this State, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction. 8 . Hospitals and all persons emplo as hospitals while performing ti. licensed. 'Y institutions and establishments licensed by the State ,ual duties within the hospital or institution so C . Registered nurses and licensed practical nurses performing massaae services in the course of their usual nursing duties. D. Cosmetologists and barbers duly licensed under the laws of this State, acting in the course of their usual duties as cosmetologists and barbers. E. Trainers of any recognized amateur, ~mi-professional, or professional athlete or a!hletic team . F. Acupuncturists licensed by the State of Colorado performina massaac therapy services in the course of their usual duties as acupuncturists. •· t ... .. ; . • • •• • • 0 M. ReflexoJogists or Reflexology Practitioners licensed to perfonn n;tlcxology wder this Cgde when limitiu@ their Practice to ceflex2logv as defined in this Title Section 2 . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 5, Section 3, Subsection B, of the Englewood Municipal Code 2000, clarifying Reflexology insurance requirements, to read as follows : 5-5-3 : Application for License. A . The application for a Massage Therapist License or Massage Therapy Clinic shall be made in accordance with the provisions of Title 5, Chapter I. B. In addition the applicant shall be required to provide the following: I . In s urance Required: License holders are required to maintain the following levels of insurance: i. CeRtprehensive GeReF&I Proofof Professiopal Liability jpsurapce to engage in the practjce of massage therapy with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,000.00) per occurrence and in the aggregate. ii. Failure to maintain such insurance for the duration of the ljcense or to show such evidence on request shall be cause for immediate revocation of the license. Section 3. Safety Clauses. The City Council hereby fmds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is ncc..~sary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council funher determines that the Ordinance bears a rational relation to the proper legi slative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modifv, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions. 2 ' .. • • Section 7. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of October, 2005 . Published as a Bill for an Ordinance on the 21st day of October, 2005. Read by title and passed on &al reading on the 7111 day of November, 2005. Published by title as Ordinance No. __, Series of 2005, on the 11th day of November, 2005. ATIEST: ,Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.__, Series of 2005. Loucrishia A. Ellis 3 • • ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 7, 2005 11 Ci Resolution Setting Fees for Reflexologis t Licensing Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This resolution sets license fees for Title 5, Chapter 8 of the City Code. The resolution is required per 5-1-6-A of the Englewood Municipal Code. City Council discussed this topic on numerous occasions, including the September 19 and October 3, 2005 study sessions . City Council approved a Bill for an Ordinance adding Chapter 8 to Title 5 o n October 17, 2005 and is scheduled In consider the ordinance on second reading November 7, 2005. RECOMMENDED ACTION Staff recommends City Council adopt a Resolution to establish fees for Title 5, Chapter 8. Note that a massage therapist curre ntly li censed in the City of Englewood only pays the application fee to obtain a Reflexo logis t license. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The fees are proposed to be set at the following levels until the next review: Refl exo logist License Application Fee : Reflexologist Background Check Fee (non-refundable): Reflexologist License Fee: Reflexologist (City Licensed Massage Therapist) Application Fee: FINANCIAL IMPACT $10.00 (non-refundable) $50.00 $100.00 $ t 0 .00 (non-refundable) The City of Englewood will probably not collect a substantial amount from issuing this license. LIST OF ATTACHMENTS Res o lution ' • • A R.ESOLU110N BSTABLISIIING PEES POR RBl'LBXOLOOISTUCIINSII UMIJII, TITLES, CHAPTER. 8, OF 1llE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City Council of the City of Englewood, Colorado has amended the Englewood Municipal Code with the passage ofC.B. 52, Series of200S; and WHEREAS, license fees are more appropriately set by Council resolution; and WHEREAS, this resolution establishes license fees for Reflexologiat Licenses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City ofEnglewood, Colorado hereby approves the following fees for Reflexologist Licenses: A. Relexologist License Fee Application Fee Background Check Fee B. City Licensed Massage Therapist also applying for a Reflexologist License Application Fee $100.00 Initial/Annual SI0.00 non refundable SS0.00 non-refundable SI0.00 non-refundable ADOPTED AND APPROVED this .,. day of November, 2005. ATTEST: , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enalewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2005. Loucrilhia A. Ellis, City Clcrt • • ( 1. 2. 3. 4. Call to order ~.m. Invocation----'---- Pledge of Allegiance---- Roll call ·• • • Members: ____ present ' absent ---- COUNCIL ·~ WOllling ,_ ·,., ~ I \ • \ :-::,.-' I· • ( 1 . 2. 3 . ·• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 7, 2005 7:30 p.m. Englewood Civic Cenler -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to ord er. In vo ca tion .~ Ple dge o f All egian ce. a. Prese ntation of Colors by Boy Scout Troop 199. D 0 . : :::::::..'!~M?.~ ~~inutcs fr o m th e Regular Cily Coun cil mee ting of October 17, 200~ b . w Co unc1l R nition and Swearing In . :;L ..--J'.i Com me""'" of famili e~~ t,y lhe depaaf,g ~mbe" of Ci ty Co uncil. / &? . ----- 1i. A 101..en of apprecia tion wi ll bE' given to departing Ciry Council Members. 1i1 . The Mayor 1 111 a k the Ciry Clerk to announce the talus of the el c hon . vi. Bncf Recep tiun . ' .. ·' • • Eng lewood City Council Ag end a Novemb er 7, 2nns Page 2 vii. Members of City Council are seated (in temporary spaces) and the senior member of City Council, Olga Wolosyn, asks the City Clerk to call the roll of the members of the City Council. Council Member Wolosyn then declares whether a quorum is ~: ~x. present . ~ Council Member Wolosyn calls for nominatio~nfor M or. Jhtj"ayor assumes the Chair and calls for no i · ayor ro Tern . ri-;:;,anent seating assignments are given. ?..:O ~ xi. Recognition of families and/or guests of the new Members of City Council. 6 . (Please limit your presentation to ten minutes.) 7. 9. Consen t Agenda It ems . a. b. C. App~f Ordinances on First Reading . Appro~f Ordinances on Second Reading . Reso~ns and Motions. R 10 . Public Hearing It ems . (No Public Hearing Scheduled .) ff 11 . Ordinances, Resolutions and Motions. ~ 1. Co un ci l Bill o . 54 -Recommendation from the Department of Safety Servkes to r\ /Approval of Ordinances on First Reading . adopt a bill for an ordinance approving a Federal Equitable Sharing Agreement wi th the United States Depar~;~ of J~s!i~= _STAfF SOURCE: Chris Olson, 'i)tt>qot; Director of Safety Services . ~ !Jpp!_'l~ Please note: If you hJve a d, ab,hty and need aul(iliary aids or services, please noti fy the City of Engl~ood (3 03 · 62 -2 40 7) at least 48 hours in advan e of when services are needed. Thank ou ' • • C Eng lewood C ity Coun ci l Agenda November 7, 2005 Page 3 ~A?:!2.1 of O,d;oaam oo Secood ,,,,fog . fil"1# _}jJf i. Council Bill No. 52, as amended, adding a Reflexology License in Title 5 of the / Englewood Municipal Code~ ~ ii. Council Bill No. 53, amending sections of the Englewood Municipal Code U t{J: I),,{) pertaining to Massage Therapy Licensing. ~ c . Resolutions and Motions. _(). 0./1· Recommendation from the Department of Finance and Administrative Services to ~J:-.Jl:l_ _ adopt a Resolution establishing/!.:: for ~Reflex~lojY licensing. STAFF SOURCE: UAAdUJ1J1~onk Gryglewicz, Director. ~ 1,'Cc,o,,.r rn~"~"" 11'1 ~~ a. Mayor's Choice. ~ b . Council Members' Choice. ~3 -~(!)~ ~ ~ ~ t,1v ~~#: 13 . CityManager'sReport. @tJ~ 14 . City Attorney's Report. IIJ13-~ 15. ~~ lo"@~~ The following minutes were transmitted to City Counci l from October 14 to November 3, 2005: • °"' /t/h ~ /!P3(1)1lf;t (J)~ . te : II ) au ha, e a d1,abd11) and nttd au'Olwy .uds or services. s*ase notify lhe City of Englewood (30 -762-2407) at I a t 48 hour in ad,ance of when SeMCes are needed. Tori • • 1. 2 . 3 . 5 . Ca ll to o rd er. Invo ca tion. Pl edge o f A ll egiance . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 7, 2005 7:30 p.m. J Engl ewood Ci vic Center -Coun cil Ch ambers h-i / j 1000 Engl ewood Parkway /'I fl ~'l \ · v":J Englewood, CO 801Y ~~~ll / ~-.l!V 0~ 1 ~~ ~~1i1; ,(:~~ j a. Presen tati o n of Colors by Boy Scout Troop 199. fJ\l'.t/'~ ~~ Co nsidera tion o f Minutes of Previous Sess ion . o.J..~ a. Minutes fr om the Regul ar Ci ty Counci l mee ting of O c tober 17, 2005. ff! 7 -'0 \(f. b . C 1 ·i.i.ity Council Reco gn i tio n and Sweari ng In . Comments c1n d recog ni tion o f fa milies and/or gue sts by the d eparting members of City Council. A token of appreciation will be given to departing City Council Members. <Ji~ iii. it).\ iv . ?It) V . i. The Mayor will ask the City Clerk to announce the status of the election. City Council will ~ke a detrrmir)ation of the election and qu alifica tions of i ts membership. a.J.J>~ 1--0 b~~/t, The new City Council Members will be sworn in by the Honorable Judge Vincen t Atencio . Brief Re cep tion . Plea e no te : If ou ha, e a d1~1b1hty and need auxilial) aids or ser\1c s, plt>a notify the Cuy of Engl~ood (303-762-2 40 ) at lea I 48 hours in act.anct> of \\<ht>n services are nttded Thank ou ' ... .. • • ·• • 0 (J ' Englewood City Council Agenda November 7, 2005 Page 2 ~~\ vii. <f,l(JV viii. ~~..\ ix. X. Members of City Council are seated (in temporary spaces) and the senior member of City Council, Olga Wolosyn, asks the City Clerk to call the roll of the members of the City Council. Council Member Wolosyn th en declares whether a quorum is present. /1}.,(.. ~ Council Member Wolosyn calls for nominations for Mayor. J!!.!.!.~"!!"'d ¥-~ Wl>kticpv 7.,.0 ·tv•Nlfl'T10 • - The Mayor assumes the Chair and caUs for norninati9ns for Mayor Pro Tern. -1-o .Jo/Wl-., wooow~ Permanent sealing assignments are given . -Co~ Z,,v/ xi . Recognition of families and/or guests of the new Members of City Council. 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. nme for un sched ul ed public commen t may be limited to 45 minutes and if limited shall be conti nu ed to General Discussio n.l ,::iL c.. c,1.~. ~" ~ DOA,..;b ":,.13 ~ $UNUt80n .-?~-7'&J _, ~,,,.,_ -~ ~ r-·~ .-, '11 Za..cU,YLf ~ nw-tct+· -i"~ "" ctJ ~ ~-.. -. 8 . Co~unica~~, oclamations, and~~ J. Ok.. b • ~S t0-mle. '\ er -"l..':!.i ~•lo~y -t,M) ff\~ ~ ~ -~ ~,1o LcAoc..~NI fll~lfo-K- 9 . Consen t Agenda Items . N4o1......, Umll\ 1 $,c l/tfM" P1.,vr.:.-1 -~•• a. Approval of Ordinances on Fir st Reading . · I~ .. ~ l>/,PVIU l'lo b . Approval of Ordinances on Second Reading. c. Reso lutions and Motions. 10 . Public Hearing It ems. (No Public Hearing Sched uled .) 11 . Ordinances, Resoluhon and Motions. a. Approval of Ordinances on First Reading . i. Council Bill o . 54 -Recommendation from the Department of Safety Service to adop t a b ill for an ordinance appro 1ng a Fed ral Equitable Sharing Agreement with the nited States Department of Ju lice. STAFF SOURCE : Chris Olson, Director of Safety Services . Wocdw~ o 1'D~S~ W 1.,,, Ple,1 e no l e If you ha, e a d1sab1hty and need au,uhary ,ud or (303 ~62 2407) a t least 48 hours 1n a<hance of wh n ' • • I 1111l <'\\111.1d l"i t)' l ,1111h ii ",llt'lln,1 N,1~1•111her OOC. l '.lflt' l h. Pillo\ .11 of 01 dhtl\11 -es on re mt R!!adlns , ql\O " \ rjJ'v h. '' uu11dl Bill No . 52 , a .1n1emle~d,ll11g ,, RC'ffrxolosy Ucen e 111 TIiie of the I 11gl<!wood M1111l1 lpal ode . · I O~O _ I 7 Q woo~ uJ II . C, Ulltll 11111 No. 5 , ilmendlns 11eclluns o( the L11glt1wood MUnl clµill 'ode pe1t,1h1l11s to 1\1.i ssnse 11ter,,py Lh:<'nsh1s .1°'0~ W ?-CJ Re olutl1111~ 011d Mutions . uj()IXJM,JIA(/. I. Rn ommendatlon from the OC'partmcnt of FIIH\nce and Administrative Setvlces tu .:idupt a Rl'•ohttlon e~t.1bll h1t1s f s fur Re~t?)olog}' lh::gn: Ing . 5tAFF 50UltCf: Frank Gfl •slewlci, Olredor. W60(;tW~ ~I 1 -0 1" D-»tA,,n o lAllf l 'i \djUllllllllf'lll ~:i~ l hf' fo lh 11,11 1 111h1uh•, \\!'it• h ,1t1•111i11,J I l It tou111II fr om <ktuliei 14 lo No\' mli c-r 1, 2l)()": .. • • • - CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROF/LMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. I · Eng lewood City Council Agenda November 7, 2005 Page 3 b . Approval of Ordinances on Second Reading. C. Council Bill No. 52, as amended, adding a Reflexology License in Tide 5 of the Englewood Municipal Code. "f ~O _ / 7 ..--0 woo~~ ii. Council Bill No. 53 , amending sections of the Englewood Municipal Code pertaining to Massage Therapy licensing. ~()~ w ?-0 Resolutions and M~tions. W~r}. i. Recommendation from the Department of Finance and Administrative Services to adopt a Resolution establishing fees for Relle.3~logy licljllsing. STAFF SOURCE: Frank Gryglewicz, Director. WbC~~ _f 7-0 'TO~ r; U./JI 12 . General Discussion: 14. City Attorney's Report. tJ~ 15 . Adjournment. i: z,(p tO'iO 110'3 The following minutes were transmitted to City Council from October 14 to November 3, 2005 : • None Please no l e: If you h ve a d1sab1hty and need auxiliary aids or services, please notify the City of Englewood (303 -762 -2407) al least 48 hours in ad ance of when services are needed. Tori ou. • •