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HomeMy WebLinkAbout2009-08-17 (Regular) Meeting Agenda PacketAgenda for the Regular Meeting of the Eng lewood City Council Monday, August 17, 2009 7:30 pm Englewood Civic Center -Council Chamben 1000 Englewood Parkway Englewood, CO 80110 1. Call to Order. 7:44 p.m. 2. Invocation. McCnlln 3. Pledge of Alleglance. McCaelln 4. RolCGD. Pment: Jefferson, Moore, Penn, Oakley, McCe:-.11t1, \'1i!ron, Woodward AbMnt: None 5. Consideration of Minutes of Previous Session. a. Mlnutes from the Regular City Council Meeting of August 3, 2009. Motion: To approye the minutes of August 3, 2009. Mcmd by: J lffef9on Seconded by: Penn Vote: Motion Approved (summary. Yn • e No=0 Abstain •1 (Moore)) 6. Recognition of Scheduled Public Comment. (Please llmlt your preHnlatlon to ten minutes.) a. Martha Griego will be µresent to address City Counci l regarding Jason Park. 7. Recognition of Unscheduled Pubflo Comment (Please limlt your presenlltlon to five minute,. T1me for unachedllled public comment may be lmited to 45 minutes, and n ~. shall be continued to General Discussion.) a. Laura Bar1nlck • ~ b. .<:teve Schalk • -Sign code (banne.,, sandwich boards, murals) c. Lindi Counterman • .Jason Park d. Robert Cony Jr., attorney• -ma~)uana and opposing eme,venoy ordinance e. Laurett Barrentine -Englewood Citizens for Open Govemmen~ Issues with current Council members, Jason Park f. David Schmal• .Jason Pa'11 g. Kim Love • • Englewood Unleashed, Parks & Recreation meetin g h. Alexia Gnego • • doesn1 lil(e dogs jumping on her L Tracy ,'onn •. Pam and Rec:INllon meeting , paying taJcn, safety of park for children ar, • the elderly, pmonal afl'rontllattacka, Juon Park, time schedule J. Etta WIikinson . • dlsm,:ect shown by Council person, grandson, loote dogs at Jason Park Continued prior to General Discussion (Agenda Item #12) e. Communications, Proclamations, and Appointments. a. A proclamation declaring the City of Englewood's commftment to partnering with the U.S. Census Bureau to help enaure • full and accurate count In 2010. Engrewcod Clly Counal Agenda Augusl 17, 2009 Page 2 Motion : To approve the proclamallon declaring Jhe City of Englewood's comm11ment to partnering wilh the US Census Bureau to help ensure a full and accurate count ,n 2010. Moved by: Penn Seconeled by Jefferson Vote Motion Approved (summary. Yes= 7 No= 0) b A proclamation decJanng September as National AICOhol and Drug Addiction Recovery Month. Motion: To approve the proclamal!on declaring September as Nahonal Alcohol and Drug Addicilon Recovery Month Moved by: McCaslln Vole Motion Approved Seconded by: Wilson (summa,y· Yes= 7 No= 0) 9. Consent Agenda Items. a Approval of Ordinances on Fnt Reading. None Motion: To approve Consent Agenda Items 9 b (1), and (i) Moved by: Moore Seconded by: Wilson Vote: Motion Approved (summa ry: Yes = 7 No = 0) b. Approval of Ordinances on Second Reading. Council Bdl No 33, approving an lntergovemmental Agreement authorizing a ORD I 32 Mamorandum of Undefstandmg for the City of Englewood's participation In the Denver Melro Auto Theft Team Ii. ORD# 33 Council Bill No 34, approving an lntergovemmental Agreement authorizing a Memorandum of Understanding with the Unijed States Marshals Service for the City of Englewood's participation In the Adam Walsh Task Force c. Resolutions and Motions. None 10 Public Hearing Items (No Pubhc Hearing.) None 11 Ordinances. Resolutions and Motions a. Approval of Ordinances on First Reading Council a,u No 36 -Recommendation from he Finance and Adm1nlstrat1ve SeNices Department to approw lhe proposed blU for an ordinance amending 4-4-4-7C of the Englewood Municipal Code. per'1lning lo license for retailer and vendor fees. STAFF SOURCE: Frank Gryglewlc1, Director. Motion: To approve Agenda Item 11 a (ij Moved by: WIison Seconded by: Peno Vote. Motion Approved (summary: Yes = 7 r-. 0) b Approval or Ordinances on Second Reading Council Bill No. 35, an emergency blll lor an ordinance establishing a temporary ORD# 34 suspension or moratonum on the establishment of new medical marijuana dispensing and growing uses for a period ol six months. Englewood City Counal Agenda August 17, 2009 Pagel Motion: To approve Agenda Item 11 b (1) Moved by: Wilson Seconded by Oakley Vote Motion Approved (summary Yes = 7 No = OJ c Resolut1ons and Motions, Recommt idation lrom the Human Resources Department to adopt a resolullon approving a Memorandum or Understanding amending the Collective Bargaining RESO # 66 Agreemen t between th~ EnglewOOd Firefighters Association and the City ol Englewood ror 2009-2011 , STAFF SOURCE: Sue Eaton, Olrector of Hu man RHources Motion: To approve Agenda Item 11 c (I) Moved by : Oakley Seconded by; Mccaslin Vole: Motion Approved (summary Yes= 7 No = O) II. Recommendation 'rom the Llttleton/EnglewOOd Wastewater Treatment Plan t to approve, loc.m21i2o, the purchase of one new ten-yard dump truck. Staff recommends awarding the contract to Transwest Trucks in the amount of $99,746, piggybacking on the City of Rine's contract STAFF SOURCE: Stewart H. Fonda, UUlltl" Directo r and Jim Tallent, Operations Dlvl1ion Manager. Motion: To approve A~nda Item 11 c (Ii) Moved by: Oakley Seconded by: Mccaslin Vote: Motion Approved (summary Yes = 7 No = 0) 7. UnSC'heduled Public Comment contmued ~. Matthew Crabtree • -dog parks 12. General otscussoon a Mayo(s Choice b. Council Members' Choice Council Member Penn Council Member Mccaslin Council Member Moore Council Member Oaki,ey Council Member Wilson Council Meml.!r Jefferson '" City Manager's Report 14 Crty Attorney's Report '5 Adjournment 1 0 11 p m • Call lo Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session August 3, 2009 The regular meel,ng of lhe Englewood C,ty Councd was called to order by Mayor Woodward at 7 55 p m 2 Invocation The Invocation was given by Council Member McCaslin. 3. Pledge or Allegiance The Pledge of Alleg iance was led by Council Member Mccaslin 4. Roll Call Ill Present Absent. .I A quorum was present. Also present. Council Members Jefferson, Penn. Oakley, McCaslln . Wilson , Woodward Council Member Moore City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush OireclOr Gryglewicl, Finance and Admirnstrative Services Director Whrte, Convnunrty Development Deputy Chlel or l'olice Collins Police Commander Condreay 5. Consideration of Minutes or Previous Session (a) COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE RE GU LAR CITY COUNCIL MEETING OF JULY 20 , 2009 . Mayor Woodward asked If there were any modifteations or correction;;. There were none Vote results : Motion carried . Ayes Nays · Absent: Council Members Penn, Mccaslin , Woodward , Jefferson , Wilson, Oakley None Council Member Moore 6. Recognition of Schedu led Public Comme nt • (a) Emme Putnam, an Englewood resident, sa id Mr. Sears , Mr . Woodward and City Council, I am here to say a few th ings about the leashed .. or unleashed dog situation. First ol all , I want you all to know that t love dogs I am not a non-dog person I have lived with do1s my entire life up untd a couple of years ago when my sweet Bongo died My own parents got their first dog a week atter their wedding , but they waited five years before they started having their fam ily of four children So , nave grown up with dogs . sometimes many dogs Englewood City Council August 3, 2009 Page 2 My husband and I our golden retriever had 12 puppies In her first htler And also horses. cats and pet turtles and pet snakes and guinea p,gs and you gel the Idea Bui I wanted to make that clear I would like to read from the City Code on the subject of general off-leash guidehnes ·n.e person m control of the dog must carry a leash, keep the dc,g out of the playground and sheller areas Be respeclhJI of others who are enJoyIng the use of the parks and pick up after his or her dogs Be mindful that some people , Including those with leashed dogs, may feel threatened 1f approached by an unleashed dc,g • Those words sound wonderful. but there rs a real problem One 1s that they are impossible to enforce rm sure the C11y of Englewood can't afford an officer lo patrol each park 7124 But I am also convinced that Mr Love and others In his group are probably very responsible dog owners But the problem Is. they are far out numbered by people who are not responsible and so I donl think the guidelines, which 1s really au they are, they are unenforceable, pretty much I don't think they work, frankly. Englewood Is unique In our park situation . We have Denver on the north and part of the west and my understanding is t~at m Denver that people with unleashed dogs have been told fine, you raise the money and build your own park . And then we have South Suburban Parks and Recreation around the rest of us ... surrounded. But we hava ou r own Parks and Recreation Department and I think, frankly. our founders and city planners d,J a really fine job of planning our parks We have a lot of beaubhJJ park space 1n lhis City But I <lo belie-.. 1 thal those planner. meant the parks for c.bzens. And unbl a few years ago, that's the way ii was , There were no unleashed dogs . I thin k building the Canine Corral is a smart Idea, but ii was costly II cost a lot of n10ney with all that environmental study and everyth ing else that was involved But I am wondenng why, pretty much at thl• sa'T\e bme, the City decided to have five of our parks be tumed into no-leash parks. Why did w•· bulld the Canine Corral? II doesn't make a lot of sense to me. South Suburban, I know, has at least one e,,,-losed park for dogs over on Bowles and Platte River Boulevard That is a big area over the1e I don't know f • n you have seen thal They may have other no-leash parks as wel. But the ones that wOl1< for most of us art tt,e ones that have fences. Parks like Centennial and Jason ... with all the ball fields, the playgrounds, the picn;.,. areas and our park Centennial .. fishing areas and places where people play badminton, It is just an lmposs,ble kind of pace to fence and t certainly WOOJld disapprove of any fence that fences in people Jnd that would be a big win for the dogs. So. it see ms to rne that maybe ... l 'm not sure I'm picturing things right, but I think we have a few parks that are more like greenways. maybe those parks where there would be no lntrud1n,, into picnics and playground use, cou be unleashed dog parks. I'm not sure about Iha~ I haven'l lookt" •t each park, but it is the dogs getting in the way of picnics and ptay1ng and playg rounds and ballgames and I'••. seen loose dogs over at Brent Mayne Park and Centennial during a bali game. I know that some people feel that dogs are hke my children I've heard people say that my dog IS like my child. And I relate lo that, btr.ause we love our dogs, but as my good friend Dorothy said, I do know the difference between a dog and a child . I think If somebody's chlld ... somebody else's child, pooped on a park bench and then your child accidently sat In that poop that you would be furious and the child would be humiliated. Wei , that is exactly what has happened in one of our parks and that child was humttiated . And I don't actually know the outcome of that, but It stwuld never have happened In the first place My main point, however, Is that I am not sure of the dale when we turned in our peUtions. was that two weeks ago? At any rate I think that was on a Monday. Anyhow the Englewood Unleashed people had many, many names on their petition, but I believe that nearly 80% of them were not Eng lewood residents The parks are public, bul they are Englewood parks and I believe that since Englewood residents pay the taxes that maintain our parks, that we should be the only ones who have any real influence on your dec,s,on mak,n,g We pay the bills, so I don't see how the people in Highlands Ranch really have a right to try to be Influe ntial in helping you make your decisions. It makes me lhink, what would Coloradoans do If the people of Kansas decided that they were going to teP us how to run our State Thal ,s how I feel about our parks. I don't think non-Englewood residents really have any business tell1np us how 10 run our parks. I thin k It Is Englewood .. you r constituents ... that mailer : know, or I'm prelly sure I j . "· that U·,e only way this Issue is ever going to be resolved is If somebody on the Council m2~es a mobon :I then there Is a vote And when that 1ay comes, I feel that if any Council members are or ever have been a part ol Englewood Unleashed that they should recuse themselves from voling because It seems like a conll,., 'lf Interest to me Council members should be accountable lo their constituents, as I jus t said It would be inter.~t1ng to be able to take a referendum and gel a vote ot Englewood residents, you know, something you could put on the ballot or not But, that would be an interesting thing to do 10 find out how everybody feels . That 1s basically what I have to say I do want to remind everybody though that we hve in a great city. I love it I love Englewood I also IOve being a c,t,zen of the United States But do remember, that the Urnted Stales is a place where people are expected lo behave with c1v1l1ty toward each othe r, even If they don 't agree and I hope that we can do lhal In Englewood Thank you very much There was applause • • • Englewood City Council August 3, 2009 • Page3 Mayor Woodward said than k you . Mayor Woodward said I am going to ask people lo refra in from clapping I understood or heard that I didn't do such a good job last meeting and I am go ing lo try to do a lot better this evening . I haven 't hea rd the recording , but I didn't th ink we had much clapping after the firs t person . (b) Dorothy Haeleli , an Englewood resident, said Mr . Mayor and City Council members I haven 't much lo add 10 what Emme has said . I have the same feelings . Centenn ial Parl( was really quiet this past week ... part of ii could ha ve been the weather and I think part of II is because of the fights about the dogs off. leashes and I don'l lhink they are bringing them lo the park as much , because they don 't want to be photographed . When I went around the Centennial Park ,-and our neighborhood , gathe ring signatures on the peutions, I heard many comments on the inc idents that had happened and the ir wish that the park would be turned back to a dog on leash only park , so that they could take their children and enjoy time at the p rk witho ut feeling threatened . For safely and sanitary reasons , ju st because you have signs and dogs are not to be in certain areas doesn't mean it always happens that way . Before the off-le ash dogs took over the grassy areas on the southwest side of the park ... this is Centennial that I'm talking about... it was used by people of all ages to play tenn is, badm inton, olher gar. ,es and to just lay around and read . In the win ier peop le of all ages used the little hill lo sled and now th is area i. used lo play Frisbee with your dog . Just beca use you send the man lo observe from the parking area , once in awhile , doesn 't mean he sees everything , In my petition signinp excursion , I on ly ran into three people who wanted their dogs off-leashes ... 3 out of 100. I hope that tells you someth ing . The dogs off-leash people can let their dogs play in their own backya rds and put them on le ash and go for a walk at the parl( or use the dogs off-leash park. They can also spend the money they are talking about spending on signage and other things to improve the dogs off-leash parl(, so the ir dogs can socialize and they • can be comfortable. I feel that the people speak in g out... saying that the par~s in Englewood should say dogs ofl-leash ... lrom other cities , should not have a say In the matter. Sure they are public parks, but they should not be governed by the people from other cities . II their cities have an off-leash parl(, .. wa lk their dogs there . Council members ... consider your own taxpayers and the peop le that elect you . According to TV, we are nol the only parks having trouble with dogs off-leash ... Chalfie ld and Cherry Hill s State Parks are also having problems ... now I saw this on Channel 4 . Please turn our parl(s back into dogs on-leash parks as soon as possible Give us back our parks for the en joyment for all people who th ink thal a park is fo r the pleasure of the people ... young and old . Jason Park was crawling with dogs off-leash a week ago when we visited there. Listen to them about the ir big problem ... what a big problem they have . And thank you for your tim e and consideration on th is matter . Mayor Woodward sa id thank you . 7, Recognition of Unscheduled Public Comment (a) Jerry Furman , an Englewood res ident , said I am running for District 2, so here is my th ing . If I am reading the th ing rig ht. we are supposed to serve the peop le , for the people . Where is the City Council at when people are tell ing you what to do and you guys are not doing it? l.ike the marijuana , I mea n the pot iss ue today . You guys sa id, oh we will pul It on the back burner . Well no, ,o~ nee d to do it right now ... because we voters voted it In and we are not do in g what we are supposed to do . l:ke tnese dog people are tc l:ing you, lhey want their park back ... the parl(s are the people . Are dogs people? No . dogs are animals People are people. You're serving the people . The people are pay ing your tax money for thP City and you all are guilty of not serv ing the people . Mayor Woodward sa id thank you . (b} Tracy Jones , a Highlands Ranch res,, ~t. sa id I am here , obviously , for the Ja son Park :ssue • aga,n and I was 1u s1 wo nde ring ii you guys have thought about what is go,ng to happen when you ... for the reg istered sports li ke the T-ball, and volleyba ll. Where are they supposed lo play soccer and T-ball , ii you put the fe nce up? That is the whole field on the north side of the park ... that Is where all the soccer players play, thars where all the T-ball people piay and everyone who wants to just pick up a game of volleyball , that is where they play or play Fnsbee I don't kno w ii you guys have thought about that And all their coaches are going to have to walk through the fields and pick up as much dog poop as they can and . as far as I know , coaches , that Englewood City Council August 3, 2009 Page 4 Is their second JOb so they are going to be rushing from their lull time job to the park to clean up the dog poop Everyone else will be crowding each other that are there lo have picnics on the south side of the park , with those people who want to play volleyball with their family and fr,ends 0< the young teams that want lo play catch 0< tag football. Save the money that ,t ,s going to cost to put the fence up and pul II toward a new dog park thal ,s meant JUst for dogs Th,s was rt is money well spen1 Dotl't squeeze off the lods by g,v,ng the dogs 60% ol lhe park Building a fence is going lo make people believe that Jason 1s a dog park and not a kids park Some people believe that kids shOUldn't be there, because their unpress10n ,s that ,t ,s a dog park Someone has a web page calling Jason Park, Jason Bark Park If you read the blog on 7News website, you will see that most people believe lhal Jason ,s an actu~I dog park, not a ktd's park wilh off-leash privileges Speaking of 7News, the lady who said she thought ii was a slap to Englewood's lace and lhought ,t gave Englewood a bad reputation for being on the news, ,s wrong. The only way this would be a slap to Englewood's face is if Jason continues lo be an off-leash park Maybe Englewood needs a slap lo the face to wake up and real,ze what Is going on This issue has been bros, ~I up on three separate occasions in two years and nothing has been done about 11 at least nothing good has been done about it Some Councilmen have been to Jason and they say they have seen noth,ng Maybe next bme they go they can talk to the family who 1s there every Sunday to play volleyoall 0< talk to the T-bal parents This way, you can hear first hand of all the trouble these people have had at Jason Parlt. Don't let EngleW()()(1 gel a bad reputation just because of some dogs, Dogs should never take priorrty over our kids or adults Dogs come and go, the kids are our future. Please listen lo the people ol Englewood , especially those Who signed our petition , because these are the people who live around Jason Park It Is not people who live on the other side of Broadway or down on Sherman, it Is people directly around Jason Park. That Is their neighborhood park, that Is where they can walk to when the y want to have a picnic or a good hme. And for the laSI lime we were here tbout this, the police officer said that there was only like 10 complaints or 15 complaints, something like that In two years. I think that Is because most people think It ,s ndoculous lo have to call the police on a dog coming alter them aggressively or Jus1 steahng their food Who is going to call the pohce because a dog stole your food? I wouldn'~ but maybe we need to start and I hope we don't have to, because I'm sure Englewood police officers have much better things to do and worse cnmes to take care of than to run to Jason Par1< over little complaints So, I think, 1usl stop an this nonsense with the dogs runn,ng around, lak,ng prionty over our kids a nd wasting your guys' time up here fighting this dog issue. Don't put the fence up; put the dogs on a leas~. It is pretty simple, That ,s all I've got for today I'm sure I will be seeing you guys another week ... because you guys won't do a mohon on it. Council Member Wilson said , , I'm sorry .. your name and address? Ms Jones said I am Tracy Jones ... I thought everyone had that memonzed by now I live in Highlands Ranch Do you need th~ exact address? Ms Wilson said they need it tor the minutes Ms Jones said she just told me no .. it's Highlands Ranch. Mayor W<>OdWord said thank you (c) Jaxine Hensley, an Englewood resident, said I live directly across from the park and have for 28 years I agree that the playgrounds, where they picnic and all that needs to be secure for the fam1l1es and stuff, but I also feel that our sen,or citizens need to be protected One thing that gave my Dad ten more years ol life was walking that park one or two times a day He had emphysema and COPD and the doctor said, if he didn't walk like he did, then he wou ldn't have lived that long Now, our community, right in that area , has many senior cl t,zens and I see them out there walking. A lot ol them take sticks with them , a lot of them have different other things with them, so that they can ward off the dogs And I just feel that thek needs need to be tai<en into conslderabon along with the little kids, along With the famll,es that are picnicking They should fael sale to go ove, to the park and walk around •~ wtlhout having a lot ol dogs Jump at them or run towards them. And I know ~ does scare lhem, because I hslen to my mom and her fnends talk about ,t I hope you wift take that ,nto conslderabon also. Thank you Mayor Woodward said thank you • • (d) Bruce Carter, an Aurora reside nt, said the reason that I am here to visit with the Counc,l Is me • and my business partner, Dav,d Lopez, are opening a medical mari1uana cli nk: on Broadway, 4332 South Broadway, Englewood, Colorado, 80113 And basically, the reason I came down here w~s lo be a lrtlle bit more proactive than a lot of the otht'r dispensary 01Nners In town There are a few more d1spensdry owners"' the City of Englewood and we are the only p<0act1Ve group that has come to this meebnp The reason that I came here Englewood City Council August 3, 2009 • Pag es is that I have a bunch or educational matenals to kind of, you know, give the Council a htlle b1l more educahon on medicinal cannabis. because ll ,s such a premature state right now and a lot of people don't know (a) what It is all about, (b) how to handle ,t. and that goes to show ror a lot of people In the commun,ty, whether It is communoty people, business owners, law enforc:ement. Judges, so on and so forth. They a~ are trying to f,gure out how to handle this and go about tax ing and making sure that these d1spensanes are doing what they are supposed to be and not selling other types or drugs In their d1spensanes ... 1t Is all medical cannab,s, making sure that they are not back-dooring medicine out of their back door. The type of business that we are running is a legrtimale bus,ness and we do help lots or really UI people. Our dispensary Is aclually one of the only d1Spensanes on Colorado that has a mlnOI' 1n our rosier. okay? This rrnnor IS actually 16 years old, lhe only m,nor that is under 17 years old ... according lo the Colorado Department of Public Health and Environment Th,s young genlleman would have hked lo make II tonight, but he Just had rad iation today. He has leukemia and he is fighUng il for the second time His Mom called me a month ago and asked me, you know, my son 1s really struggl,ng with his second fight with leukemia, what can medical cannabis do for my son? And I sat '1own and on my cell pnone and I talked with her for over an hour. It was an hour and 20 minutes And I talked W1th her abo ut, you know, I educated her about everything from the 1rad1tlonal way of medicating, smoking, There is newer methods of vaporizing, which Is a lot more heallhy ... not as many carcinogens and bad things that are , you know, lhe chemicals that are ,n the mafljuana, don't get transferred over through the vapor There are edibles, there are dnnkables, there are topical creams. there are tinctures and we have medical pabenlS that struggle with menstrual cramps really bad and what they do Is they take tinctures. Okay, and what a tincture Is, it Is an actual llqu,d cannobls and what they can do Is they can heat up a glass of tea and they put a drop of th is cannabis ,n their tea This relieves people that have f1bromyalgla, rheumatoid arthritis and a lot of chronic pains, you know, 1ust to name a few things .traditional medicines don't really work with everybody A lot of people get sick from traditional medicines ... throw,ng up or having trouble sleeping. I have an elderly lady that Is In her • seventies comes to my store an d she bu ys pounds of butter and she enjcys It and she thanks me every time. And she goes home, we don't sef' her but maybe once every month . and she buys the butter and she makes cookies and banana nut bread• •-,cl things that taste, you know, good for her Iha' ,he can take, relax. It helps her sleep, and It helps her with he, rheumatOld arthnt1s She can barely make rt to my store sometimes ... ! have to de liver It to her as well, So what we are ottering to the community is not only increased tax revenue, but we are also Inviting everybody with open arms and open doors lo educate people and teach them about medical cannabis and the cool things that tt does for a lot of people. I appreciate you guys having us here tonight and leltJng us speak on behalf of medical cannabis Mayor Woodward said thank you. He said did you have some materials that you wanted to leave with the Clerk? Mr. Carter said yeah, I sure do actually I have all sorts of Information I have some signatures and so forlh and letters from patienlS that can't make l to the meeting, so I've got all sorts of information. Do you mind if I pass It to them? Mayor Woodward said you may pass tt nght to the Coty Clerk Mr Carter said thank you, I appreciate that Thank you very much Council Mayor Woodward said thank you (e) Warren Edson. a Denver resident, said I am an attorney from Denver, Colorado. I am one of the co-authors of Article 18, Section 14, or the Colorado Constitution, wh ich most people refer to as Amendment 20 I w,11 be Incredibly brief here. I'm just letting th.i City Counc1l know that I've worked with Natures Kiss. amongst other dispensaries that are opening up In your C1ly, trying lo make sure they abode by the Consbluhon and the regulatoons that come with 1t Urging them to obviously stay W1th1n lhe hm1ls of the Consbtut10n, pay lhelr taxes and all that fun stuff. I hope the City Councils see fit to wo, k with these folks, amongst others, and try lo figure out a way to allow these businesses lo reasonably open In the City lo provide their medical marijuana services, as weU as their tax revenue to the City Particularly In light or the fact that we have had an enormous growth ,n the patient numbers JUSI SlnCe the meeting With the Department or Health that was roughly whal I guess 11 was two weeks ago I know that the Colorado Springs Gazette Indicated there were 2,000 new patienls • In 8 days after the hearing We have never had more than 1,000 patient appllcati011s In a month and we had that many ,n 8 days So. the long and the short of It, we have an ever increasing number of patients They are going to need to get med,cal man1uana from somewhere and d we donl have places hke these d1spensanes, that means these folks are go,n~ to be back ,n the black market, you knc.N, add,ng to black market cnme and everything that comes woth that And lhat 1s simply It. so believe 11 or not, these folks are welcoming an attempt to work with the City and try to get thos done nght, so everybody can win In this situat,on Thanks Englewood City Councll August 3, 2009 Page6 Mayor Woodwatd said thank you (f) Ella Willunson. an Englewood resident. sa,d good ewemng I l,ve by Jason Park and my grandsoo plays T-ball there and I think the people paf Iha iaxes. not the dogs I also take ca,• of an aubst,c gentleman that bves wdh me Part of my job for the State of Colorado is to g,ve h,m safety skil ls. to teach hm to go out on h,s own, to ctoss streets a~<' he hkes to swing ,n the park He has been atta<.• ad lwlCe al Jason Park and now he is scared to death to go to 11111 pa,1<. because there IS poop, dog, poop, ,J<,g, poop, dog You know he 1s afraid, so we have to go the other way. I'm a taxpayer. rm a voter I'm a resronsibte obzen that likes dogs loves dogs ano have always had dogs as wel, but when my 4 year old is on the playground and the dogs are s.·•01.mdu,g h,m or I'm walking through the park and two b,g St. Bernards come up at me and the lady says, oil they're nice, they're mce, they can be as nice as they want. tnat IS too much dog They need to be leashed, not the children The childten are what our future Is I am here today .. I'm a grandma I'm a mom I'm respoo51bfe and I 11"1~ So I really. really wo,,,d like to see a leash law Thank you. Mayor Woodward said thank you (g) Mochaef Wilklnsor,, an Englewood resident, said as my wife told you, we bve nght near the park. .. tt IS right out our front door My grandson plays T-ball there al the !me I was riding my moton:yde down the street not too long ago when a dog comes running out and almost knocks me off my motorcycle not on a leash. I know It is no leash required r:Ne< there. but do any ol you have grandchildren that are going to play T- baU In thal park? Do you want them sliding au over dog mess or the dogs chase the baU just ltke the kid The kid is ruMing after the bait, the or ) knocks the kid over to get to the bal You know, I think they have their own • park. It 1s nght down around tr ~ t:lal we al paid taxpayers money lo build that other park for them I think they belong down .t ... re MayL , Is so much dog mess down there lh1t they want to come up to the other • park that they havenl destrOyed yet. Clean up thal park and send thern down there. Have a nice night Mayor Woodward said thank you (h) Dick Baty, an Englewood reSlden~ said I five diredly across from Jason Park There has been an aw1ul lot of lhill9$ lo do with this park a tot of conversation You folks. I know. have spent an awful lot of your time on this issue I have lived there, fike I sa,d, 42 years and before that it was a farm. WeU when you guys turned it into a park that was the greatesl thing that you could do I understand that these people, especlatly the people ,n apartments and stuff need a place to put their dog and exercise that dog, especially If they w0l1I dunng the day If you come by these ton,ghl thal place is Ju$! oompletely packed with people . \/Olleybal, T-bal What have you .hardly any place to park In there. I don1 think that what we need to have ,s the dogs 111 this kind of a srtuabon Mr 0akley ,s In my dlSlrict and he had mentioned lenc,ng the n0l1h part of the park from the playground and also to the east of the ball diamond Weli, they say that the people. the dog park people, they have said lf we don1 have ft al. we don't want any ol L Wei, that is au welt and good. There is something else that you folks might look at. a place that is very llttle used, which YIOUld be a pe,fed place for these people and that ,s Rotolo Park. If you will dove by there, ,t ,s vacant iust about any Ume you drive by lhele These people could have that and have that only for the1r own place I think you m,ght want to talk that over 1f you don't care about Mr Oakley's idea, talk dover about Rotolo Park. which I llunk would be very good Thanks lo, islen,ng Mayer Woodward said thank you (ij Diane Newton-Szalay, an Englewood resident said we have the oldest existing business 1n Englewood (Newton's HaltslyWlg) olher than the post office. We are very established and I am here to welcome and support any new businesses that will help boost our economy The only way we are go,ng lo help ourselves IS to help other businesses get established We are ver, establi-hed. We probably have done your • hair, or your mothers' hair or your children's hair We are Ol)&n 7 days a week. But I also wanted to get educated on th,s top,c also. so I went down to what they caled, the Peace of Medlone Center. When I first walked up there f 'Nas greeted by security I walked ., and met a man by t~e name of Kevin He WOfks with the VA Hospital He IS the one that helps set everybody up With trying to get them off the opiates I don1 know how many veterans we have here or how many that you know that are 111 the serv,ces but when I talk v.'llh them they Eng lewood City Council Augus t 3, 2009 • Page7 have now ove< 8.000 people signed up and they only have 40 d1spensanes Wen where are these 8,000 people 90mg to go? And like our attorney says that we've got people s19n1ng up nght and left We have to have new businesses in Englewood to keep our economy 90109 We are one of the very established businesses that ~ave been here forever. I am speak ing on behalf of them . because I lhmk that they will baa very good estab lished business 111s something new that Is coming up and something that you are going to have to deal wit h on all aspects There ,s not a whole lot to draw to Englewood here, because you've got so many different shopping centers go,ng up What is gomg to keep people in Englewood? We have to have established businesses that are gomg to stlci< around You should go to the other dispensaries We have them on Alameda between Broadway and Santa Fe. We have them further down on Broadway and Warren They haven't had any problems al all If you want to see Eng•ewood grow and you want to see your economy grow and you want to see your newcomers and people grow. you are going to have lo open your eyes and see what you can do about getting these new businesses established. Help us establish new businesses. so that we ca n keep ou r businesses going. She Is from South Side Feed She's got a lot to say also She will be their new landlord, but everything Is left up to you and we are going to keep our fingers crossed that you can open your eyes and bnng some new revenue 11110 Englewood that wiN slick around Thank you. Mayor Wooa,,ard said thank you U) Jolie Baty, an Englewood resident, said we video taped some of the dogs at Jason Park and I've noticed that there has been a lot of Incidents with them , so here is the video, [Clerk's rote· The video was shown I Mayor Woodward said thank you • (k) Martha Griego, an Englewood resident, said good evening This ,s my third time to app,oach City Council to have all dogs be on-leash at Englewood parks. so that the community can be in a safe and hea lthy environment. I have read many anlctes regarding off-leash dogs and found many facts of like children and dogs do not mix I continue to give you Information about this, but for some reason yo u guys are not listen·ng to the facls I am Just curious how you can all sll there and judge about dogs being okay In the park when you, yourselves, don't go to the park on a regular basis like most of us do I am not out to get any one of you, but come on, what more do we have to do? Maybe some of you have a conflict of mterest since you were or once was a member of the Unleashed Dog orgamzabon and conbnue to support this cause for your own personal reasons . You are here to support Englewood residents and their ,ssues So far, I have not seen you suppon the residents, nor their children for a safer and heallhy environment. The community does not want to compromise any more. We already did that with the Englewood Unleashed by building a doggie park for them and their canine, when Bates-Logan was shut down for unleashed dogs Englewood Unleashed continues to want more parks for the canmes You, as well as Englewood Unleashed , have forgotten that Englewood parks were built for Children and their famllles The owners and their canines have Infringed on our rights to be safe We, the commumty, are comprom,sing alfeady by having the dogs conllnue to be at the parks. We are just asking for a very simple thing and that ,s to put all canines on a leash. We are not trying to gel rid of a person's animal We Just want our parks to be safe and enjoyable as It once was I don't think the community ,s ask1119 too much Instead of building a fence, why not put that money mlo making 3 to 5 sand volleyball couns to have competitions al both parks This would bring in reven ue to Englewood People with kids could watch their kids on the playground while playing volleyball, The news would spread and people would come here to play This would also cul down the trampled grass from people already playing grass volleyball Wouldn't this be more productive than splitting the park so that the canines can run free and cause more problems 10 the community residents and their acl,vities? If this were a court case and you were the Judges, we would give you facts and evidence for our cases .. so here are the facts We have presented pictures and video With people talking to 1nd1Cale what Is going on at the park 75% of Englewood's residents signed a peMion to testify that there Is a problem al the parks with dogs You have people show up In person and say what Is going on at the park with • dogs and what happened to them personally. Written lellers by residents have been given to you You have been given documents that indicate how bad feces Is In parks, caused by dogs Jason Park Is being cal led a dog park If you look at the comments from 7News, the people are asking why would you bnng food and kids to a dog park Take them to a ktds park There ,seven a web page called lhe Jason Bark Park Group now Now the opponents side ·v,e know there 1s a problem and we Will post s,gnage up to help people with the rules Thele are plctutes of how cute our dogs are and when they are playing A peht,on with the 41 % of the Englewood City Council August 3, 2009 Page 8 Englewood residents want to keep the parks on-leash for the dogs We clean up lhe other people's dog poop of we find rt If dogs are aggressive we ask people not to bring them back We have fund ra isers We have people come ,n and lalk about theor dogs and how noce ot ,s to have these privileges The Olher Side is exaggerabng Our dogs ne,er gove us a problem and the dogs love the green grass They don't want to play on the dirt anymore and dogs running free sumulales theor menlabty" Now I leave n up to you. the )Udges. How will you vote now lhat you have heard the facts and seen the eVldence? I ask that you really lake this into cons,derallon .all facts that I have put on front of you I would hke to know which fudge will make the mobon to put dogs on a leash In all Englewood parks, so all people can en1oy the parks In a safe and healthy environment or make the motio .r. have dogs continue to Infringe on human nghts, to bark, growl , jump on them. lake their food, drink lrc.11 1, • ,h•nk1ng fountains. be in the pavilion and leave their waste behind . Please make that motion tonighl ~~ ,,e, t~e -~mmunlty, will know how you Judge the residents of Englewnod and their children . Rememt.!1 the pe:.uons were 75% Englewood residents and according to Kim Love from the Unleashed orgamzallon, <hey &aid 'hey had 41% Englewood residents You know, I am not sure that is true 0< no~ but I woolu like to kn:>w. I mcJn, I don't see Korn Love here and to me that is like they are goven SO<ne informatJon on what II gomg on In hP·e and I think that IS a little biased because lo us, we are here to fight every Counof meebng to get the ll, • :>ack on a leash. That IS an we are asking We are not askong to get nd of the dogs We all love the doqs \le en)Oy them and I don't mind going up to a person that has a dog that has a leash so we can goµ.:• •herr., 1,, I don't want a dog to Infringe on me or anybody else. II ls not right and lhal is what we are here for. T:,~nk 'f"I. Mayor Woodward salo than~ you . (I) Ric• Gllh~ an Englewood resident, said thank you Mr Mayor Tonight I want to latk a 5tue bit • about the r.',g parks as well I actually spoke the fir1t time four six weeks ago, I cant remember, It was a couple of Counal mee~ngs ago my concern about the animals around Belleview Parle. I didn't know that there • was a group upset al Jason Park as much as I was at Be'levleW Park. I talked lo my neighbors. I kind of had a little community meebng and asked them what they thought and my netghbO<s are very upset at what ls going on even at Bellev1ew We do have the Canine Corral on the west side of Belleview Park and It just seems that people are parking around the nice part of the park where there is all the grass. And I asked one of the gentleman who has a real nice black lab and very friendly dog, but run ning everywhere, running up to kids, and I asked him why don't you take him, you know there is a park back there, and he said yeah, have you been there, that thing is full of crap. I guess there is feces everywhere, according to him. And there Is no water for the dogs, so the dogs are en)Oylng the hlUe creek down the middle of Belleview Park So it tells me that we have a need. Basically Councd, what your citizens ate looking for ,s your leadership. We have been lalking to you long enough and not hearing anything I am sure that you guys are probably doscuss,ng It, 1t Just doesn't seem to be v,sibte. But we want some actoon We want some leader1hip Somebody to say, you know whal we need to do something about this and we need to show the cibzens that we understand theff concern And up to this point, there has not been anything other than you hearing us complain I am asking that you provide ( 1) an emergency moratorium on all off-leash parks. I know you guys know how to do an emergen~y m0<atonum so . I think this needs to be studied before somebod\ gets hurt II would be a great Idea to get some good community Input, maybe have a public meeting to just see .,ow the public rea ll y thinks about this. Like I sa id before, I have pets I am a responsible ~el owner. I keep my pets In the yard and when I walk them they are on a leash They are always with me So. the second thing we can do Is have visible enforcement from Whitaker, Upan ... Where a lot of people park, 10 walk back to the Carune Corral There Is nothing visible of where the dogs can poop or where the bags can clean up the poop II would be noce, I don't know d it ls the Englewood Unleashed that IS 901ng to do lhal but It would be nice d the City lakes some, you know, d they are go,ng to allow dogs to be off the leash I'm not even sure d the Englewood park, as a whole, 1s aDowed to be off•leash I don't krow so I don't want lo make a complaint If I'm J~st saying something It would be noce to have a sign that says, this IS an unleashed area or this Is a leashed park, please keep your dogs on E~her way there Is nothing I spoke to my neighbor who has two little dogs and they love to wa lk on a leash They said they are always worried about the bigger dogs that come up to them, because they are little yappers and they want to bite the big dogs. They are • alraod their htlle dogs are going to get in trouble for biting the big dogs . So there Is Just some concern And on !he Canine Corral, I actually went back there and looked at 1t myself and it is not a pteasanl place. It Is dirty, dogs are dirty I guess and they like to run around In the dirt, but that 1s why I think people a·e bnng,ng theor an,mals and their pets 10 the nooe part of Belleview Park and the nooe part of Jason Park, because ,t ,s noce If we a,e go,ng to have a Canine Corral. let's have a noce Canine COtTal Let's have some water there 10< the • Englewood City Council August 3, 2009 Page 9 pets, so that they don~ have 10 run down lo the stream and scare the IIIUe kids That is all I have to say I Just would realy support this Council doing something hk.e that It would be nice to go back to my neighbor$ who are expecbng me to report back to them and at least let them know that you guys are concerned and we are doing something. Thank you. Mayor Woodward said thank you (m) Mark Craft. an Englewood resident, said thank you Mayor and Council. I live in the Simon Center. I came lo speak in favor of having medical marijuana close by, because I have a defect in my kidney and for the last 25 years ii has caused me to produce anywhere from 1 lo 11 kidney stones a day. I've gone to f1Ve doctors, five uroiogists, and two nephrologists and nobody can do anything about ii... so I suffer. I've been on narcotics tc, the last nine years It is getting to the point where narcotics don't help. My doct0< says l would qualify for medical marijuana. If I do go to It, I would like to have someone close by. This new guy that spoke about setting up a shop here on Broadway, I would like to go to him . He seems nice. I'm one of these that needs it. I'm In chronic pain I'm having trouble sitting on these hard benches. I have carpe l tunnel from using a computer 10< a number of years I've had six hernia repairs. l don't want to bore you with my problems, but I think tt would help me ease my suffering So lhere are people out here that are testifying that do need something. Thank you. Could the Ari Ro!ach bus be extended down lo the new theatre on Sanla Fe and Hampden? Could you work out a deal with Shertdan? I know they are strapped for cash . It would give the people in Simon Center something to do ... to go to the movies. Seve;al tenants have suggested It and I said I would bring It up at Council. And maybe go Into Target I think tt would help the busl ~SSElS In Sherloan too and Englewood. And give the people in Simon Center and OR:hard Place somewhere to i: And the kids when they are on vacation somewllere to go to. to the moYies Thank you . • Mayor Woodward said thank you . (n) Elaine Hults, an Englewood residen~ said I want to thank you for giving me the opportunity of addressOlg al of you . There has been an issue for quite some lime. I actually view many of these accidents that happen beh ind the a 1rtments, because my apartment Is on the seventh ffoor and it laces due west I am concerned with the action of traffic on the alleyway behind the post office, that runs between Girard and Floyd. It is just one block east of Broadway. I, myself, Just last week, almost had an accident People are sUII entering from Floyd Streei, because there Is no ... I would prefer that ft was a one-way alley, bec!IUse people enter fr0<n Floyd and lhele are people exiting and enteMg from both ends of this alley. It Is a one-way street alley. I almost got clipped, because some people who are also exttlng out from the post olfice, making a left hand tum to go onto Floyd. I am coming out of that corner parking lot and I a1most got hit tt,at time , They come nylng out from the back of the post office, on the side of the post olf,ce, And we have anoth~r problem. People are entenng from the alley on Floyd and enterlrg a one-way, a designated one-way entrance, Into the post office, which Is contraty to what the signs say. We have a jam problem. What I am concerned about is that somebody Is going to be injured or killed. We have many people who are very disabled In our building, who go with walkers, who also go with motorized equipment and v,heelchalrs. And If anyone cannot see them, especially if the weather Is bad ... they do take the trip of going through the post office parking lot area to make their way actoss Broadway or to catch the bus sometimes And people come nylng out of there and our par1<lng lot is there trs really a very dangerous spot. We have talked to the trans4 diviston They did reissue the s,gn. They put a very d1sbnct sign showing this to be a one-way. Everyth,ng ,s marked, ~ut people do not observe ll I think something has to be done abOut making this alley one way or the other or sonXJbody Is 90mg to get kliled Thank you so much. Mayor Woodward said thank you (o) Clint Wilson, an Englewood resident, said the reason thal I am here today is that I am the • director of Outreach at Wellspring Church We are located Just south of Hampden. We try to do a lot for the community We have a ministry which reaches out weekly to about 100 homeless and low-Income families, where we feed them, we give them groceries, and certainly ii any of you here would be 1n need of thal we hope that you would come and participate But the reason that I am actually here ~ to just menllon that we are going to be having a communit1 g~thering on Saturday, August 1511 and I wanted to mvite all you Council members Pnd Mayor Woodward anl' onyone else here who wants to come We are go ,ng to be Just discussing Issues and Englewood City Council August 3, 2009 Page 10 needs within the community and we want to reach out and do more for the community We want to come up underneath the community and serve In any way that we can And wl1at this meeting is not go in g to be, 1s some sort of meeting to promote particular theolog ica l perspectives or whatnot But what we are simp ly trying to do is to get together and create a dialogue and discussion, where we can have key playe rs and key community members come together and say hey you know we have this Is sue . Maybe it co uld be something fo r elderly citizens, wher~ they need their house painted or they need sta irs rebuilt or something like that. Someth in g which shortfalls the educational system , that we could help address . We could leverage resources . We have a netv.'Ork of churches and so we would love lo do that. If any of you would ,ike to come, I wou ld love to extend that offer to you . Aga in, it's August 15", Saturday morning at 9:00 a.m. t0 10 :30 a.m. at Wellspring Church . If you have any questions , feel free to approach me after this. Council members , if you haven't already rece ived one of these , I think you will, or an invitation of some form . Thank you again and I appreciate you li sten in g. Council Membe r Mccaslin sa id can you repeat the address so everyone ... Mr. Wilson s~id the address of the church , wh ich is actually where I live ... l live In the basement of the church ... ls 4300 South Lincoln Street. Do you know wher~ the drive-through , walk -up Starbuck 's is? Broadway ... just south of Goodwill? It is one block east of that. It is called Wellspring Church . We would love to have any of you come . so we could help serve you in any way . Thank you . Mayor Woodward asked i s this the location of the former Cornerstone Church? Mr . Wilson sa id yes . Mayor Woodward said okay . Counc il Member Mccaslin sa id and It used to be Chsrrelyn Baptist? A long time ago . Mr. Wilson said ye~. • Mayor Woodward sa id the last person that has signed up Is Rhonda Fie ld$. ',nd if there is anyone else after • that, I'm going to hold them back until the end of the regularly scheduled r,,eeting and let them speak under General Discussion , at that Ume . (p) Rhonda Fields , an Englewood resident. sa id my granddaughter is 20 months old . And when she comes to visit, I can't take her to the park , becau~e of the dogs off-leash . I fear for her safety . I had her there one day and a dog came runn ii1 g up to her . a big dog , and th!.' lady says ... oh he won 't bite . But I looked down and the dog's hair was stand ing on end . I could not pick her up fast enough and get her out of the park . II is a shame that I have to cut my time with my gra~ddaughter short , in an out ing to the park that shou ld ~e fun , because of somebody else's dogs . This past weekend, my friend and I were going to go to the park and sit and visit because they live In anoth~r state . I couldn 't do that because of the dogs running loose and the poop in the grass . I grew up with Jason Parl<. I rem ~mber when it was a farm . And it is a shame that my granddaughter cannot take advantage of tre same park that I had growing up . My paren ts have a small dog that I would love to take for a walk on a lea sh , but I can't go anywhere near th~ park because he is a small dog and I'm afraid for him wit h the bigger dogs. So , I mean , It 's ... I don't know what else to say . Yes , you r dog may be frie11dly , but certain circumstances, something that that dog does not like: you may or may not be able to control him ve1~ally . And If it is going to take somebody to get bit or mau led before you make the Englewood park a leashed park , then that's a shame , because it's loo late . Thank you for lis ten ing . Mayor Woodward said thank you . Mayor Wood\•·ard sa1C: we are moving on with our regular agenda right now, and again , !here will be opportun iti es for anybody else If they want to speak 8. Communications , Proclamations and Appolntmenl9 (a) A proc lamatio n in honor of the Englewood United Methodist Church 's 100'" t sar at its present • loca tio n was considered . COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER Wll.SON SECONDED , TO APPROVE A PROCLAMATION IN HONOR OF THE ENGi.EWOO!J UNITED METHODIST CHURCH'S 100™ YEAR AT IT<; PRESENT LOCATION . Englewood City Co uncil August 3, 2009 • Page11 Ma yor Woodwa rd asked if there were any commenls Mayor Woodwa1d said I would hke to comment thal the United Methodist Church has been In ,ts current location they are celebraong ,ts too" year, as well as 119 years ,ts official anniversary as a church And ,t ,s holding an anniversary celebrat10n on Saturday, August 8" at 3 00 pm Church men.bers dnd neighbors celebrate the his tory of the church and its special place In the community I would also like to acknowledge Englewood United Methodist Ch•irch ,n recognizing as a commur.Ity partner, cotlaborabng with the City of Englewood to help with and to t>t, a part of the community and its events The Crty wiShes to honor and recognize the Englewood United Methodist Church 'JO the noteworthy occasion of this spec,al anniversary Council Member Mccaslin satd I would hke to also say that when I was In Boy Scouts, Troop 92, that's where we held all of our meebngs and get-togethers. 1t was a fantastic place I will be there It was a great place to go Vot e resu lts: Motion carried. Ayes : Nays· Absenr Coundl Members Penn, Mccaslin. Woodwa•d, Jeffe rson, WIison, Oakley None Council Member Moore Mayor Woodward presented the proclamatJon to Police Comm;,'lder Gary Condreay Mayor Woodward said he is a lay leader representing the congregation of the Englewooo United Methodist Church. He sa,d if you would care to say a few words about the church, please feel free He said congratulations to you and your wife and • your congregation . Police Commander Condreay said thank you . I am the current lay leader of the congregation for the Englewood United Methodist Church at 3885 South Broadway . I heard Cou ncil was concerned about what I do when I am not wonung, so I wanted to make sure that I showed up for this. (There was laughter.) He said Just a few of the fun facts. In 1890, the very first Methodist Sunday school was or~anlzed, in what they called the new Englewood area In 1909, the church was moved to its current locat10n at Mansfield and Broadway, on the 1 >rthwest corner. And after several different buildings, In 1963, the ground was broken for the current sanctuary as ,t Is now. The cost was $250,000.00 and when it was teamed that the stained glass windOws that you can see in-between the cemenl was going to cost another $80,000.00, the congregahon stepped forward and all cf those windows were done by all of lhe members of the congregat,on Each one of th em tells a separate bible slory Englewood United Methodist ~'•11ch continues to be involved In miss10n work. We currently have had a children's learning center, at the chur,', ·or over 20 years and it provides aflonlable day care for up to 80 children Last year they also opened an Infant room, within th(, children's leam,ng .:enter. The second SaIurday of each month, the church hosts a dolhes closet a nd fJOd ~an try and on those Saturdays, several hundred members of the community come to obtain clot"ing ar.~ food for their families As Mayor Woodward already announced , this Saturday August 8" from 3 lo 8 p.m., we are going lo be celebfahng our 100 years at the same location The last hour, from 7 lo 8, there Is going to be a srode show and hymn sings inside the church The slode show will talk about the history of the church We sent out about 400 invitations and we've also dehvere<I flyNs throughoul the ne,ghborhood announcing th is occas,on So, It Sh()uld be a fun time . There will be a lot of food , music, bouncy balloon things and all kinds of sluH So II you have lime. I'd like to InvIte you by and we are also teaming it up with National Night Out Thank you very rruch Several Co1mc1I Members said congratulahons and thank you . Mayor Woodward said I also want to mentJon that in the late summe· the1e's always a peach sale going on at the church and ., the lal , thtre·s always the pumplun sale s01ng on ,t the church There's a very wel attended day care center But again, congratulations to you and lhe congregation or Englewood United Method1St • Church 9 Con.,ent Agenda (a) Approval of Ordinances on F1:st Read ing Englewood City Council August 3, 2009 Page 12 There were no addtt,onal rtems submitted for approval on first read,ng (See Agenda Item 11 ) COUNCIL MEMBER WILSON MOVED, AND COU NCIL MEMBER PENN SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). (b) Approval of Ordinances on Second Reading (Q ORDINANCE NO 31, SERIES OF 2009 (COUNCIL BILL NO 32. INTROOUCED BY COU NCIL MEMBER JEFFERSON) AN ORDINANCE AUTHORIZING AN 'I NTERGOVERNMENTAL AGREEMENT REGARDING 2009 GR.\NT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FU NDS PROJECT NAME CENTENNIAL PARK BAltFIELD LIGHTING' BElWEEN TH E CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF APAPAHOE, STATE OF COLORAOO. Vote resulll: Ayes: Nays: Absent: Motion carrfed. Council Members Penn, Mc1-•• 11n, ~1oodward, Jefferson, WIison, Oakley None Council Member Moore (c) Resolutions and Motions There were no additional resolutions or motions submllled for approval (See Agenda Item 11.) 10. Public Hearing Items No publi(, hearing was scheduled before Council 11 . Ordinances, Resolution and Motions (a) AJ>provat of Ord1na:ices on Fl/st Readong (I) Deputy Chief of Police Collins pr~s Jnted a recommendation from the Police Department to adopt a bill for an ordinance approving an intergovemmental Agreement authorizing a Memorandum of Understanding for !he City of Englewood's partlcipabon WI the Denver Metro Auto Thell Team (DMATT). He said I'll try lo mako thls fairly brief. DMATT, Denver Metro Auto Theft Taskforce, has asked us to assist them, and essentially join them, In their efforts to combat the auto theft and the peoples that are Involved in such-By passing this bit for an ordinance that will allow us to do so It would be on a PJlt-time bas;s and I want to make sure that you understand that We would provide an Investigator to the tasklotce to attend meetings, to assist them when necessary However, If we experience an issue that tests our abilities to handle it, with our own resources, they wil! come In and assist us. That's essentially ii They reqwe an MOU to gel this done Mayor Woodward asked if there were any questions for Depu,~ Chief Collins. There were none. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (1) (1)-COUNCIL BILL NO. 33. COU NCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER McCASLIN • • A BILL FOR AN ORDINANCE AUTHORIZI NG AN INTERGOVERNMErH AL AGREE MENT Rt:LA TIMG TO THE • DENVER METRO AUTO THEFT TEAM BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD, COLORADO TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO AREA Englewood City Council August 3, 2009 • Page 13 Mayor Woodward asked 11 there were any con .menlS Mayor Woodward said I JUSt wanted 10 mention that t.ng1nally this goes back to 2005 when our membership started with the Denver Metro Auto Theft Team and I think. as I recall, hearing. I thin k the 2006 numbers. ,1 had been pretty successfu l In what they had been doing Mayor Woodward asked 1f there were any other comments or questoons There were none Vote results: Motion carried Ayes Nays Absent. Council Members Penn, McCaslon, Woodward, Jefferson, Wilson, Oakley None Council Member Moore (ii) Deputy Chi ef of Police con,ns presented a recommendation from the Police Department to a1op! a biH for an ordinance app,ov,ng an Intergovernmental Agreement authonz,ng a Memorandum of Understanding with the Untted States Marshals ServlCe for the Coty of Englewood's paruc,pation in the Adam Walsh Task Force. He said Ih1s is an important taskforce that is headed by the U.S Marshall's office. FLAG and HIDTA They need permission from us to assist them when they come Into our City, in dealing with matters related lo cnmes against children, and dealing with sexually violent predators. Individuals that fail to reg ister as sex offenders In order for us to officially ass ist them, they require a Memorandum of Understanding And again, this Is not a full Ume taskforca for anybody to assist them. They generally have a roun.1-up once a year and occaslonnlly come into the City and ask for some or our resources to ass,st them In finding people This w,U allow us lo officially do so . • Council Member Mccaslin said when was this taskforce formed? Deputy Chief Collins replied It has been formed for qulle awhile And In all honesti. when they come inlo the City, we do not shy away from helping !hem But to be officially recognized as helping them , they do requ ire a piece of pape r with our slgnalure on IL They have been around for quile a while. Council Member Mccaslin said 10 years, 15 years? Deputy Chief Collons said I'm sorry I wouldn't throw out a number that I'd be guessing al Mayor Woodward asked 11 there were any other quesllOns There were none COUNCIL MEMaER PENN MOVED, AND COUNCIL MEMBER ',AKLEY SECONDED , TO APPROVE AGENDA ITEM 11 (a) (II) • COUNCIL BILL NO. 34 . COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER PENN A BILL FOR AN ORDINANCE AUTHORlZlNG AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE ADAM WAI Sil TASK FORCE · COLORAOO BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD, COLORADO WHICH FOCUSES ON THE IDENTIFICATION. INVES i:::?O.TION. LOCATION AND APPREHENSION OF NON-COMPLIANT SEX OFFENDERS FOR POSSIBLE STA it: OR FEDERAL PROSECUTIONS UNDER THE AUTHORITY AND UMBRELLA OF THE HIGH INTENSITY DRUG TRAFFICKI NG AREA 'UGITIVE LOCATION AND APPREHENSION GROUP TASK FORCE Mayor Woodward asked 11 there were further commenlS or doscusSK>n Mayor Woodward said this has to do with high 1ntenslIy drug traffock,ng. fugII,ve localoon and apprehensoon • Vote rosults: Ayes Nays Absent Moll<>n earned Council Members Penn , McCashn, Woodward, Jellerson. WI ison, Oak ley None Council Member Moore Eng lewood City Council Augu st 3, 2009 Page 14 Deputy Ch.er Collins said thank you Mayor Woodward and Councal Member Oakley said thank you (bl Approval of Ordinances on Second Reading There were no add itional items submllled for approval on second readi ng (See Agenda llem 9. Consenl Agenda) (c) Resolullons and Motions (ij Mayor Woodward said Dlfector Gryglewicz WIU present a recommendation from the Finance and Adminislrative Services Departmenl lo adopl a resolution authorizing a supplemental appropriation to abate the property at 3750 South Cherokee. This Is property that we talke1 about in Study Session. Dlreclor Gryglewicz said basically the Mayor said it all. Thi s Is a supplemenlal appropriation to the 2009 Budgel or $20,000 00 The funds will come from the unreserved, undesignated fund balance that we used Ir, the contingency for the abalement of the Cherokee property. That is at 3750 SOl'th Cherokee Street Mayor Woodward asked If there were any quesllons for Frank. There were none COUNCIL MEMBER JEFFERSON MOVED; AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 65, SERIES OF 2009. RESOLUTI?N NO. 65 , SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATIOt-1 TO THE 2009 BUDGET FOR TH E • ABATEMENT OF PROPERTY LOCATEDAT 3750 SOUTH CHEROKEE ,,TREET, ENGLEWOOD, • COLORADO. Mayor Woodward asked if there were any comments . Mayor Woodward said again I think this is really supporting a neighborhood thal has had a traged1· In , .. to begin with, and they asked us to do something, some llln8 ago, and unfortunately be.:ause of cin:umstances, ~ is f111aly bme that we car f,nally get somethmg done So, I wil be sur~~ this Mayor Woodward ~,ked ,r there were any other commenls There were none. Vote raaulta: Mol,oncamed Ayes· Nays Absent Council Members Penn, Mccaslin, Woodward, Jefferson, Wil son, Oakley None Council Member Moore Director Gryglewicz said thank you 12. Goneral Discussion (Clerk's note. Mayor Woodward began General D•scuss10n with Council Members' Choice Agenda Item 12 (a) • Mayor's Chooce follows the Council Membefs comme~ts ) (bl Councd M~mbers· Cho,ce (i) Council Member Oakley 1. He said again, I would like to thank everybody who came and spo\e before us tonight II seems like these d1scu1S100s are going to go on, bec3use theres a lot of reelin,, on bot h sides I hope that something WIii come out of the recommendaltons from the Parks and Recreation ~t will help us With thlS in tne future We'0 Just have lo we1t and see how rt goes • • Englewood City Council August 3, 2009 Page 15 2. He said I was notic,ng some ol the literature I/lat was handed out to us tonigh t, by lhe gentleman , I believe, lhal said he was opening the shop on South Broadway. One ol the reasons lhal I had staled was that I needed more he lp with this and more education certainly, and this is going to lake some time to gel this all done Because one or the handouts that he showed us, as I just quickly read II, basically wants lo legalize marijuana So, I know lhal there are both sides ol lhls and this is going lo lake us some 1,me to work it out. Mayor Woodward said thank yoo Wayne (ii) Council Member Wilson: 1 She said yes. I want to thank everyone lo, coming on au of lhe issues I know lhal they are passionate and mean a lot to lhe people who are here I also appreciate you commg from Welsp,,ng and you are bnnging help to lhe City. I think that's great. 2. 'he said and we will look at the alley traffic and see W signage ,sup. 3. She said I would also like tL . If someone were lo approve Council Bill No. 35 , an emergency bill lor an ordinance establishing a temporary ~uspenslon or moratorium on Ille establishment of new medical marijuana dispensing and growing ut<e"J fo· a period of six monllls I would like lo see this go to P & Z, our Planning and Zoning Department, an~ h:•v~ them look Into It and ma,,d recommendations back to us. This wou ld not affect lhe ones that are alreaay in lhe City. It wou ld just atlect...have to do with the new ones • Mayor Woodward asked you are asking lor a motion to approve or are you making the motion. Council Member Wilson asked can I go ahead and make the motion ICleilt's note: Council Bill No. 35 was listed on the Agenda as ttem 12 (b) (1).) ..:OUNCIL MEMBER WILSON MOVEO, AND CO UNCIL MEMBER OAK LEY SECONDED, TO APPROVE COUNCIL BILL NO. 35 . COUNCIL BILL NO. 35, INTRODdCED BY COUNCIL MEMBER WILSON A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING uses FOR A PERIOD OF SIX MONTHS . Mayor Woodward asked ii there was any discussion . Coonctl Member McCaslln said well, I'm glad yoo clanfied lhe existing .. how many do we have existing now, citywide? Council Member Wilson answered I llllnk two. Council Member McCashn said we have two. From lhe audience, Bruce Carter said !here ls actuaUy three and a fourth one opening up In probably anolher week°' two Cooncil Member McCashn said so we have tnree oo,, Is that goi~• 'feet the fourth one so he cannot open unbl .. ? Counol Member Wilson said I donHnow City Attome. .,izman said they have to be u, operatton befo,e the second reading Mayor Woodward said which would be August , .,.., which is in section two of lhe second side ol lhe page. He said so they have pulled their permits and are they doing any tenants improvements or anything like that? My concern would be that they are diligent~ doing lhelr work , this being a legal operation , diligently doing their work and all or the sudd en, come August 17 , when thOy may not be complete, that we have cul them off because of • this does anybody know that? Alan? Diroctor White said I am not aware of any of these establishments having current perm its that are In process Mr Carter said I spoke to Cooncil earlier. He said there are 40 to 50 different dispensaries and there Is a calling for a lot more to open VVhal ,s happening ,s that a lot of these dispensaries are pulhng their licenses and things, saying that they are medical consulting e<. -npanies o, medical faCILtles "'Whatever They are kind of beabng Englewood City Council August 3, 2009 Page 16 around lhe bush In telhng what they are do,ng, because lhey are shll kind or arrald or lhe stigma Wllh us . we actually went to the federal government and lhey know exacUy what we are d04ng We have our permits through lhem. through the State, and then, we pulled through lhe City of Englewood, as well The other dispensaries, I can·t speak for them and they obviously don't care enoug~ :o be here themselves. but when 11 comes to operahng a business lhat Is actually operating right now. I don't know how to answer that queshon for them Mayor Woodward said okay Th,s Is me speaking personalty, where I do not want to go Is to get ,nto a s,tuat,on of taking. in anyway ... where, we as a government. are taking the abihty of a leasee or tenant or a landlord who has leased somelhing to a business that Is lega l at this time and limit them to a dale where they are moving forward wilh their legal business Council Member WIison sa,d Isn't there some sort of penrntbng? Wouldn't they have to get a permR befOfe they start or ... ? Mayor Woodward said well, I don't see anybOdy here that can tell us if there is a permit City Allorney Brotzman said ·,e only th ing ... slnce we don't have a general business license ... and there . obviously there isn't one for medk...1 marijuana. what you are going to be looking at Is have lhey pulled their sales tax license? Mayor WoodWard said okay Council Me~iber Penn said and 11 they pulled their sales tax lcense by the 17"', then lhey would be okay? City Morney Brotzman said then they would be fine. Mayor Woodward said okay. That answers my question. Mr Carter clarified by August 17"', Is that what you are ... ? Okay Cool Mr Carter continued and we have already gone through all of the steps to do that. We have actually even talked with Sergeant Kelly Martin w11h the City or Englewood Police Department and we have estab lished communicabOn there. They are very intetested ,n our business, wanting to make sure that we are legit and they are checking with fellow business owners In the convnunity and everybody Is realty ex~ed for us • Council Membe r Penn said you might want to let your other friends know that they may have a deadline of • August 17" to get the,r licenses taken care of. Mr. Carter replied In regards to them .•. we're ourselves . Councd Member Penn said I understand Mr carter said what they do, Is what they do. I can't tell them how to Mayor Woodward said d has been helpful and I appreciate your ,nfomnatlon Mr. Carter said !hank you Mr Mayor and Council I really appreciate ~ Mayor Woodward said thank you Mayor Woodward asked II there was any more discussion at this time. Council Member Penn said I'm hke Wayne I don1 lhlOk we have enough knowledge nght now to make some of these decisions I will be willing to suppoo this al this time, but really, I think we all have to get educated more and bring in more information from our City departments. I think Jilt ls correct We send it to P & Z and see what they do But II is going to be a learning curve for all of us, I truly believe. Mayor Woodward asked Bob, did you have something Council Member McCashn said no. t lh.lOk that genUeman wanted to say something and I didn't know If 11 was appropnate to say something now or II you wanted them lo wait until afl'lr. Mayor Woodward said no We will have some more public comment r,ght after. Council Member Mccaslin said sir, you can talk rlg hl alter this I just wanted to le t you know so that you didn't think we were cutting you off or some'/ling Mayor Woodward asked 1f anyone etse had any other comments Council Member Jefferson said will we potent1ally revis it this before the six month per,od? Mayor Woodward s.:ld as soon as 11 comes back from P & Z City Attornuy Brotzman said Community Development put together a schedule and it's rather aggressive to get rt back to Council in six months Council Member Jefferson said okay City Attorney Brotzman said so I tt,1nk you'A be seei,g zoning, the comma! aspects regarding licensing and our current possess ion and accessory uses, coming back to you at the same IIme and you'll probably see something on licensing at that time as well Council Member Je fferson said okay. Mayor Woodward asked for any other comments There were none Vote results: Ayes : Council Members Penn, McCash n, Woodward. Jefferson, Wilson , 0akley • Englewood City Council August 3, 2009 • Page17 Nays Absenl Mol,oo earned None Council Member Moore (••J Council Member Jefferson 1 He said you know I, loo, iusl wanl 10 lhank everybody for coming oul and lalking on lhe dog and medical marijuana Issues. Again, I know lhal lhey can be emollonal Issues for a lol of people, partlcula~y wilh lhe dogs. Hopefully, everyone is aware ofwhal process we are going through now. We are going lhrough ... getting a recommendation lhrough Parl<s and Rec so lhal Is why you wonl :ie seeing a motion lhls evening We al came lo a consensus and agreed lhal we would waa for lhe results from lhe Parks and Rec Commission, a recommendation before we make any sort of action on lhal issue. 2. He said I would agree lhal lhe inlersection behind lhe posl office Is having some Issues for some l ime and so I don'I know If we need lo do a Council requesl or if lhal is just something Iha! you guys will jusl take a look al and make sure that the appropnale s,gnage is up lhere and being enforced. City Manager Sears responded Ne actually do have an ET AC boald, which also lakes a look al lnlersections or lakes a look al traffic issues. Council Membef Penn said we have talked about lhls quije a bil a~eady. They are welcome lo come lo lhe Transportation Committee again. I know lhal you guys have been lhere before. 3. He said I hope everyone ts aware of where we are going with lhe dog Issue and whal Iha process Is going lo be. Like I sald, I lhtnk Ric.I< also made some sort of commenl about il .. exactly whal is going on. so hopefully he can pass lhat along lo his neighbors oo exaclly where we are al wilh lhis process. • (iv) Council Me mber Penn said I would )usl like lo lhank everyooe for coming oul lonlghl. f appreciate lhelr words. And lhal's really all I have tonight Thank you . (v) Council Member McCaslin: 1 He said I have the same thing. Uke lhal one lady said, II is very lnlimtdatmg to get up in fronl of Council and lalk, so when you do get up, we appreclale it BecaJse any feedback thal we get Is very ,nformalive. I know lhese decisions on marijuana and dogs ... lhey are lough ... lhey are emotoonal. I know lhe marijuana lhlng .. lhere are people who really need It, so we don't wanl lo shun them , but we ' so want to make ii safe. I would feel, as an o;>eralor, I wouldn'I want people snooping around and trying lo break In after hours or somelhing. so I would be worried right there. But then, you guys have slepped folwald I appredale lhal Like you say. you are lhe only one who showed up, so lhank you 2. He said dog peop le. we love you , I know lhal you are going to keep coming, so keep coming. Mrs Gnego spoke from lhe audience saying we will . Council Me-nber Mccaslin said I know you will. There's no doubl In my mind Bui I would ijke to thank you guys too I know ifs lough Thal's all I have. (a) MayOl's Chooce (I) Mayor Woodward said I would ltke lo also lhank all of lhe people who have come," the dl lferenl issues lonight. .. from dogs and lo the marijuana Issues. (u) Mayor Woodward said I do wanl lo mention thal lornorrow. Tuesday the 4" is NalK.'fllll N,ght Out Against Cnme There will be block parties throughoul lhe City If you don't have a block party or aren'I going lo one, please parllclpale by putting your porch light on • (Ill) Mayor Woodward sa,d I also want to mention lhat a couple of weeks ago. two Saturdays ago. a week ago from last Saturday. lhere was a garden lour within lhe City of Englewood or len believe rt was ten private gardens I heatd a number of very positive and successful comments ~boul it Some of lhese gardens I have seen I was not . I had other 1hIngs gou,g on, Coty things lhal day. and I dtdn, go 10 lhe garden tour Everyth ing I havt heard about It, ti was a total success It was sponsored by Keep Englewood Beauhful . KEB . So congra lulallons to KEB and to lhe part,c,panl c,I,zens lhal had done that Englewood City Council Augus t 3, 2009 Pago 18 (1v) Mayor Woodward said also In regard lo Emme Putnam's regarding membership with Englewood Unleashed and recusing one's se lf, I wi'I state he'e as I have stated to Martha and as stated to anybody that has asked ... I was a member of Englewood Unleashed for a couple of years I haven't owned a dog In well, persona lly I've never owned a dog My family owned a dog some 50 some years ago I do own cats, Englewood Unleashed has h~en a partner dots have a partnersh ip agreement with the City of Englewood Because of that, I did support Englewood Unleashed and their m1ss1on and whal they have done by being a member I was a member, I belle1·e, ,t was for two years. I also bought a bnck f0< the opening there You will find my bnck ft ,s the one woth the cat on ot 11,s the only one with the cat on 1t So no I w~1 not recuse myself beQuse of my part1c,pat,on or my help 0< support of Englewood Unleashed M May0< Woodward said Do<othy. a~hough you are not here, I would JUSI loke to menllon . and I have had th,s doscussoon woth others thal Englewood going back to an unleashed park ,s something lhat isn1 beQuse Englewood Parks never were unleashed parks. In 2001 and 2002. when Englewood was looking at going to a leashed law, an of the parks within Englewood were off-leash Now the perceptoon may have been that they were on-leash, but the law was that they were off-leash .. that there was no leash law. You had to be under control either off-leash or on-leash. And so to go back 10 an on-leashed park is an Incorrect sta tement I appreciate Mrs Grtego·s talking about coming back to a children's and families parks, which Is a change from just a chi ldren's park , because these are truly people parks, currently, woth dog privileges Historica lly lhe five parks that were orig inally designated, whk:h did not Include Canine Corral because that was not Initially even a dre am .. the fifth one was Bates-Logan. Nobody on that committee, back ,n 2001 and I happen lo be on that committee, regrelfully, nobody imagined whal this was going lo be. What was going to happen al Bates-Logan. What was going to happen al Jason I think everybody on the committee just • Imagined things would go on as they were .. which WH lncorrecl People have gotten m0<e partners as dogs • and that sort of thing and tt has changed. As Joe had mentioned. thos has been forwarded on t, the Parks and Recreation Commission , which is an adviso,y board to Coty Counc,L Having served on that board, there are people that are on that Commossion that have a lot ol experience woth thos One happened to be the fonner manager of Cherry Creek State Pa rk and os now relired and knows an about off-leash dog parks Whoever brought up about the two problems being on TV about Cherry Creek and Chatfoetd .. that Is true Of cou,se, those are much larger parks We do not have the land in the City of Englewood, that I am aware of, that !l.e Coty ol Englewood owns that we can designate another Just pure off-leash area. I don't know wt,ere It's at, ij we have 11 Anyway, I wanted to make those comments and aga,n, thank everybody for coming out and voocong their comments (v1) Mayor Woodwa rd sa id the last otem that I did want to mention was regarding the Art Shuttle The Art Shuttle was originally funded through grants from the federa l government and RTD for the Coty of Englewood and going by the senior centers, downtown Englewood . all the way over to Kimberly Woods, by Orchard Place, by Swedish Hospital and Craig Hospital and servicing the City or Englewood There has been discussion woth the City ol Shendan, going back a number of years. regarding a shutt le thal would service, not only River Pointe, but also the~ nev. development over there. Thal has to be done w,th RTD though, because RTD is •.he partner and part of the funder with that The Art Shuttle os something that ,s Englewood and Is for Englewood citizens that has grown by leaps and bounds every year rt tr,s ,-een opened, s,nce. I believe, 2004 And so I don't think the Art rt os not fuuded for that It's not appropr.ated Hopefully. something woll come from Sheridan on that woth RTD Council Member Wilson s..:J may I m,;ke one quock CO<nment? Mayor Woodward said you may Council Member Wilson saod thank you I just want to ma ke It clear that yes I was on the task force f0< the dog park. I was one of the founding members or fo und ing people or the Englewood Unleashed I have not been on I have not belonged to Englewood Unleashed since I have been a Counci l member. And I do th ink that they ara a • good group or people I do think they are partnered with the City they have stepped up 1n a lot or ways But I won't recuse myself either because my offocia l dealings woth them I no longer have those So, I just wanted lo let you know about my pos1t1on and where I've been with lhat • Englewood City Council August 3, 2009 Page 19 Mayor Woodward said nor 1s there any beneficial, cash benefit Councd Member Wilson said no, they are not paying me Mayor Woodward said so there 1s no conflict of Interest We do not gel paid for that Council Member McCaslin satd oh wait. Can I say one thing here? I'm sorry. I was very remiss about not talking about the garden lours, since t am 1he liaison for Keep Englewood Beautiful I did have the memo. I did have the email here But this Is from Susan Bayless , who Is on our committee ... my son was In town from New Yori\ and we had a big baby shower, so I only got to attend two of these, but 1t was wonderful. Just to give you a little navor of the day, it says ·just want to thank you so much· ... and this eman was to all of the participants and there were nine of them. ·,ust wanted to say thanks so much lo all of you for particlpahng In the garden tour We had as many as fifty people at some of the homes for our first year. Whal a terrific success I even heard that Dan was handing out lemonade to everyone What a great treat· And that's the one that I did hit. I did gel lemonade and cookies. So, I got the right one . For just putting rt together. 11 was a great, huge success. I think what we'll do, as she says In September or October, we will evaluate and see what we can do lo conbnue this and make ii an even better event ror neltl year. So this will be, hopefully, an on-going thing. t thank you for bringing It up. I did have ii here. I'm sorry. Mayor Woodwa rcl said and the story about the elderly gentle man, blind gentleman, that's a gardener and I think Tom did a story In the Herald about him. II was very, very good. He was as ked by a policeman, I think during the evening hours, what he was doing out there In the dark. He lifted up his cane, moved II around and sa,d what do you mean In the daril, or somelh lng like that There was laughter Bui he has one fantastic garden, I understand. He has the help of his daughter. So these people are much to be admired and we as a • community, going back weU over 100 years, have a heritage of agriculture and farming and orchards. 7. Recogni<lon of Unscheduled Public Comment Cont i nued (q) Davi!! Lopez. an Englewood business co-owner, said I am part owner ol Nature's Kiss, established nghl now on Broadway We covered a lot of things, but one thing we slighdy missed Is something that Sergeant Kelly, KeDy Martin. that went to our shop. The main concern was safely for us and safely for our patients. I just wanted to bring lo your auention that we do have off-site surveillance. We have cameras th1oughout our building. If anybody feels like they are in danger or feels hke maybe something wrong is going on, we do escort our patients to their car and make sure that they leave safely, securely. Obviously we're here showing you guys that we are leg1Umale and we are going lo do thi ngs legal. He did mention that the officer, the chief, was going to be here and to say ... lf you guys have any questions or any concerns , any of you guys, or just want to co-ne by and see how we run our establishment, yo u guys are more than welcome lo come by. So, that's all I wanted to say. Our main concern Is our safety for us and safety for our patients. Thank you very much Several members of Council said thank you (r) Mayor Woodward said are you open now? Mr Carter said nght now we are getllng our building permits and we gotng lo start c:onsllUCtlon. We do have our sales tax license and eve<ythlng, but we are starting construct,on this week, so we are not open right now But we were sf,ghtty for the patients that we have been serving for over a year and a hatt So yes and no Mayor Woodward sad thank you Mr. Carter satd thank you guys agam (s) Elaine Hults, an Englewood reslden~ said now I'm an eastern 91~. but I came 0<.,t here and I just love Colorado and I love Englewood Let me tell you somethh1g . When I was In Florida, I woriled for a group. II was for a chain of f111e rehab oen ters They were like country clubs, up and down the east coasl I was a • bookkeeper, but I had to deal with these poople because I was the gal who had 10 find out where the money was I'm going lo tell you something . If we don't provlde ... because there are leglllmate people ... and I have a medical background .. who really cannot toi.rate other types of drugs and this Is lhe safes! way to assist them with pain And the poml I'm trying lo make Is II Ne don't provide II legally, then we are Just making a lot more money for the guys that are taking In, bringing It in from Flonda and everywhere else And In my oponion, I think this IS a good thing to be done I Just wanted lo te n you that Englewood City Council August 3, 2009 Page 20 "· or Woodward and Counc,I Member McCasbn said thank 'fOU (I) Jerry Furman, an Englewood reSJden said I talked to Randy Penn aboul th,s Idea, bei;ause h,s L.oth er Ed Ed Penn .•• d,ed 1n the wa, And I dlln't see any names of the people who died ,n serving our country 1n our City When are we going to put their names 011 a wall or something here fo, eve ry body lo.now thf.re arr people who are honored In our City who needs to be put III fo, our country and our Crty I heard there "'ere 40 o, some more after lhal I thought ii was only him. So, if there Is more , why are we not pulllng someth111g up to memorialize that? We r,ave a Ko,ean War sign thing and there 's no information who died In the Korean War Why do we have that sign and not anything for our veterans? Our veterans fought for our country, fought for our nghts, and I'm sorry about saying that you guys doo1 serve the people for the people You guys do that because you look at what Is you And I'm sorry for saying that. Council member Penn said sorry Jerry . We still like you Mayor Woodward said thank you 13 . City Manager's Report City Manage r Sears did not have any matters to bring before Council. 14. City Attorney'• Report City Attorney Brotzman did not have any matters to bring before Council . 15. Adjournment • • • Sue Carlton-Smith • Fr~m : MMha Gnego (hotdan,m7@hotmall com) • • Stnt: Wednesday, August 12, 2009 1·06 PM To : SJe Canton-Smith SubJect: FW Voice Control Vs. leash Control Iii Sue Can you please foward this or cop} this attachment to all the City Cowicii Members fo, their meet.ing on the 17th. I would greatly appreicate it. Thank you. Date: Thu, 6 Aug 200'.) 13 :06:08 -0700 From: jennifor@k9counselor.rom Subject: Voice Control Vs. Leash Control To : l:!21s!PmmZ@h---2.l!Mi I &O.ffi To /\I I Cowicil Members I have decided to go to a dog expert regarding dogs bci1lg leashed or unleashed at public parks and th, is what was given back to me. I hope you will have time to read this importo.nt information. Thank you • Martha Griego Voice Control Vs. Leash Co ntro l fo r dogs in pub lic parks While very few would argue that dogs need exercise and $Orne of that exercise should include off-leash romps, the question of safety o.nd the definition of 'control' must be addressed when it comes to leash laws and voice comrol luws in public areas • particularly public parks. The first thing to consider when ldlking about leash or voice control is safct_, • s:ifety of the dogs, as well as safety of lhe people around the dogs. Regardless of being on a leash or not. many dogs are over- stimulated by the activies of a normal city park. There we often children pla_;ing. balls and frisbees nying. squirrels skin1:ring about. other dogs. and opponunities for stealing food from unsuspecting picnic panics 10 name n few distractions. When many (if not most) dogs encoun1cr these sons of temptations. the y simply follow instinct and do what dogs do: They chase the children, squirrels, balls and frisbees. They anempt to steal food . They jump on strangers in overly-friendly greetings. The) are only being dogs. but they arc not under control. TI1crc!'.ire, they are more likely to cause u safety hamrd 10 themsel ves and those around them . RII 212009 Again. I strc ,s ~iat this lack of contro l can and docs happen for dogs both ~n and off leash. I lowel'er. unless a dog is !.mu: \'Oice-controllcd ther,, is 110 q11<•.<1i1111 that a leashed dog i., s,ifer than a11 unleashed one, ll'lre11 faced with the 1_11,e of distractions mentioned abon·. Why can I say this so confidently? Quite simply because I have a dog trainer's experience and definition of 'voice control ' as opposed to a dog owner's definit ion of voice cor trol. Deji11itio1, of Vo ice Control Ask any professional dog trainer to define voice control. and he or she will expound on the dog's ability and willingness to respond to its handler from any distance, in the face of any distraction, with a single command. Ask most dog owners what voice control is and they will po int to their trusty companion and say . "Fido. come. Come! Come here, boy! Fido. Come. Get 0\'er here. Fido!!'" All the while the dog is romping about joyfully with its new-found freedom . When finall y Fido tires of the game and returns to hi s owner (after knocking down a few children , interrupting a local t-ball game, stealing some food and a fri sbee). it becomes hard to argue whic h definition of voice control really should apply in a pub lic situation. Ow11er Respo11sibility a11d Traitii11g Since it's impossible to please all of the people all of the time, finding a solution is 1ricky. Banning all voice-controlled parks? This only serves to alienate dog owners, and does seem unfair to the few dog owners who truly do have voice control. • Increasing patrols and tickets to those owners who don't have voice con trol? Whi le this is a great idea • on paper, it increases the strain on already busy animal control oflicers and thei r adminstrative offices. Continuing 011 with the status quo? This on ly serves to alienate non-dog owners and other residents who are tired of having softballs and fr isbecs and picnic lunches stolen, amongst other issues. While I don't have an answer for this issue. I can say with the utmost assurance that dog owner education is a great fi rst step to so lving this problem, Encouraging true voice control increases the enjoyment of the parks by all . Whi le allowing dogs to run at large without it only encourage s trouble. Jenn ifer Hime. Front Range KO Academy 6719 W. 44th Ave. Wheat Ridge, CO 800 33 720-839-110 2 www.k9counsclor.com 8/12/2009 • I lcrc arc the facts that we re presented to Park s and Rec Meeting Thursday, August 131h. 2009 . There arc health issues -people who a rc allergic 10 dogs. Ca nines smell with their noses an d thi s leads to a greater chance of oral-fecal contami nation , •vhich is the way most intestinal parasites are propogoted. Dogs like to infringe on people's rights -they like to bark, growl, take food, hang out in pavilions, leave their waste behind , hang out on :lie playground , and chase people. Children and toddl ers should not be penn itted inside the dog park and of course food must never be at a park for fear that a dog might want a snack and may help himself to your food . Pet owners should also remove any collars or restraints that may be of hazard to prevent any wounds to other dogs while they are playing. Have a daily usage fee for dog owners who use the parks, this will help pay for seeds, shrubs, fencing and other maintenance that will be needed to maintain the beautiful grounds. Maybe have dogs run through voice com mand tests with both si des judging these dogs. Voice command always works at home but being in an open _.nvi ronment changes the rules for dogs, some owners have not caught on to that one yet. Havi ng an enclosed play area for dogs,, preve nts off leash dogs from infringing on the rights of other community residents and park users, such as joggers, runners, small children and those who arc fearful of dogs. "Who is going to monitor that th is happens -will it be the cod· enforcements du ty, or the citizens? Donlin of Parks and Recreation from Tucson, AZ states. "dogs love dirt. Who are we putting the su rface in for -the dogs or the humans?" Apparently here at Canine Corral. we are doing it for the human s and not for the dogs. I don't think owners like to give their canines a bath. This arti cle a:so indicates "effort s should be made to find locations which are not planned for other recreational development. .. I'm think they are talking about t-ball , soccer , picnics, etc ., but who am I to assume that. Here is something else to think abou, We have two major parks, Cherry Creek and Chatfield that are rethinking of changing their leash policies. We are talking two parks that have more than IO acres than we do, and ye t they are indicating the following: Areas have suffered damage over the course of the past 7 years; I 0-12 foot wide trails are now 20-30 foot trails due to high dog off leash traffic; volume of user.; have increased; some have suggested dog impact fees , dog licensing, etc. to control the volume. Some have suggested eliminating the dog off leash area. Martha Griego PLEASE PRINT PUBLI C COMMENT ROSTER AG ENDA ITF.M 7 UNSCHEDULED VISITORS DATE:August1 7,2009 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES TQPIC ~ !!AM E ADDRESS ~ ~lll~~u(Q.~ 6f:IK\tvl c.-(_ ~"1 ~P E~r'l-l. ~tf E.l\l_ v~ "x1tA(,I('.'. '.) S .1,(lo A[)NA~/ <;,(;N C.006. r I I /... • I • t ....,..:=rA-.L.1,1""""-"'.1........C!.~'--,,,..u..<=.u,_q.i:,.....,1+1-....e:~'-ll.!Jl!..l<"--i,,-l=J...JV ~ ~8¼::i10. G,ri~ 111,1, w.'.J:«\,~,r...~ £M , €!i~•wooc\ wuo ~,,, , '8mo:, '\\,~\,.,"'~ ·¥,4m\1 '-----.i'iA -1-~ W· I~./\~{) '-{?,4'> S -K(<../c;.,.,c,._+£.. s.l- 1 {I.. H/.:})O0{J( Cf!Ml l A-J i!A NiJ:!JJ!C /c_ >r -r AUoN -1'1,.J.-~~../ 1 e M 19 We conclude that those ordinances were without effect. because the chuncr ofa home rule city I, effectively its constitution and its ordinances may not conflict with its charter. <Jle1rn1111d /'11.11 ,, CiryofGlem,~wdSpring.r, 731 P.2d 761, 762 (Colo. App. 1986). ~AMBERT V. CA LIFORNIA. 355 U.S. 225 (1957) •• US Supreme Court Cuscs from Ju ... Pugc I of'4 US Suortmt Court C,n11r> US Suprfffit CSMJ Cf:111 & 09!0!9DP ~ > LA~8E.Rl V CAUFOA~A 355 U S 2~ (19$1} LAMBERT V. CALIFORNIA , 355 U. S. 225 (1957) 5<m<nbt IO Cls,t lhat c.te JSS U S 225 W:li) Search Cases Freo Cobrandlng of th e US Supreme Coun Center l.Jnk to Cases & Search with uikb&ck and Cobrandmg • ~ Link to tho Case Preview: hUp·/lsupreme justia com/us/35512251 Unk lo the Full Tell of Case: http:Jlsup<eme jusba com/ys/3551225/case htni U.S. Supreme Court Limbert v. C■llfornll, 355 U.S . 225 (1957) Lambettv, California No.47 Argued Aprll 3, 1957 Rest°'9d to the docket f or ,.arg_. June 3, 1957 Rurgued October 16-17, 1957 Deckled December 16, 1857 355U.S.225 APPEAL FROM THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF CALIFORNIA. LOS ANGELES COUNTY A Los Angeles municipal ordinance makes II an offense for a person who has been convicted ol a ;r: 110 r',niahable felony 10 remain in lhe City 01 mOIB than five days wilhoul regisleling with lho Chief of Police On apoeal from I con register, Held: when applied lo a person who.has no actual knowledge of his duty to register, and where no showing II madE such knowledge, lh,s ordin ance violates the Due Process Clause ol the Fourteenth Amendment. Pp. 355 U S, 226- h11p://suprcmc.justia .com/us/355/22S/casc.html?fricndurl•hnp:/lwww.audiocasefilcs.com... 7/28/2009 !.,AMBERT V. CALIFORNIA. 355 LI . S. 225 ( 1957) -· US Supreme Coun Cases from Ju ... Page 2 of 4 Reversed <>a ge 355 U S ::6 MR . JUSTICE DOUGLAS delivered lhe opI nI on of the Court Section 52 38(a) of the Los Angeles Municipal Code defines "convicted person · as follows : "Any person who . subsequent to Janu, -y 1. 1921 . has been or hereafter Is conv icted of an offense punishable as a of California , or who has been or who Is he,eaner convicted of any offense in any place o1her than the State of Ca li f of committed in the State of Cahfom1a , would have been punishable as a felony ." Section 52 .39 provides that it shall be unlawful for ·any convicted person· to be or remain In Los Angeles for a peric days wilhout registering; it requires any person having a place of abode outs ide 1he city to register if he comes into I occasions or more during a 30-day period ; and It prescribes the information to be furnished the Chief of Pol ice on re Section 52 .43(b) makes lhe failure to register e contInuIng offense . each day's failure constituting a separate offens, Appellant, arrested on suspic ion of another offense , was charged with a violation of this registration law. : The evid1 she had been, at the time of her arrest, a resident of Los Angeles for over seven years . Wilhin lhat period , she had t Los Angeles of the crime of forgery , an offense which California pun ishes es a felony . Though convicted of a crime t felony, she had not, at the time of her arreat. reglslered under lhe Munic ipal Code . At the triel . appellant Page 355 U S. 227 asserted that§ 52 .39 of lh& Code den ies her due process of law and other righls under the Federal Constitution um enumerate . The trial court denied this objection . The case was tried to a jury , which found appellant guilty . The cour placed her on probation for three years . Ap~lant, renew ing her constitutional objection , moved for arrest of judgrm This motion was den ied . On Jppea l, the constitutionality of the Code was again challenged . The Appellate Oapartm Court affirmed the judgment, holding lhere waa no merh to Iha claim lhat 'he ordinance was unconstitutional. The Cl appeal. 28 U.S.C. § 1257(2). We noted probable jurisdiction , 352 U.S 914, and designated amicus curiae to appea appellant. The case having been argued and rHrgued, we now hold lhat the registration provisions of Iha Code as here violate the Dua Process requirement of lhe Fourteenlh Amendmenl The reg istration provision, carry ing criminal penalties , applies If I person has bean convicted "of an offense punish, the S1ata of California" or, In case he has been convic1ed in another State, If the offense "would have been punishal it been committee in California . No element of willfulness ,s , by terms . included In the ordinance , nor read into tt by I as a condition neces~ary for a conviction . We must assume lhat appellant had no actual knowledge of the requirement 1h11 1he register under this ordinance, of this defense , which was refused . The question Is whether a regislrahon act of this character violates due process to a person who has no actual knowledge of his duty 10 register . and where no showing Is made of Iha probability cl Page 355 U. S 228 We do not go with Blackstone in saying that "a vicious w,11• Is necessary to constrtuta a cnme . 4 Bl Comm '21 , for c without regard to lhe intent of the doer, is often sufficient. There Is wide latitude In Iha lawmakers to dec lare an offer elements of knowledge and diligence from its defin ition . See Chrcago. B & 0 R Co v Untied States , 22 0 U S. 55 we deal here with conduct that is wholly passive -mare fa ilure to register II la unlike the comm IssIon of acts , or the circumstances that should alert the doer to the consequences of his deed . Cl Shovlin-Carpenter Co v. M,nnesola, Stales v. Ba/ml. 258 U. S. 250 : Un ited States v. Dotterwe,ch. 320 U S 277. 320 U S 284 The rule that "ig norance excuse· (She vlin -Carpenter Co v. Minnesota , supra , at 218 U S 68\ lo deep In ou, law . as is the principle that , of£ loca l governme nt . the police power is ·one of lhe least limttabte." 0,5/r,c/ ol Columbia v 13,ooko. 214 U S t 38, fil other hand , due process p•aces some limits on its e-ercise Engra ined In our concept of due process Is the requlren is sometimes essential so lhat the cttizen has the chance to defend charges Notice is requ ired before property inte, before assessments are made. before penalties are assessed . Notice ,s reqwed in a mynad of situations where a f http://s uprcmc .justia .com/u s/3551225/case.html 'l fricndurl -"http ://www .nudiocnSl'.lilc s.co nt ... 7 _8/2009 [.AMBERT V. CALIFORNIA. 355 U.S. 225 ( 1957) -IJS Supreme Coun Cases from Ju ... Pngc 3 of 4 might be suffered for mere failure to act Recent cases illustrating the point are Mu/;dne v. Centro/ Hanover Bank & i22:Coveyv TownotSorne~.351 U S 141 ,Walkorv C,tyo/Hutchmson.35;:U S 112. These casesonvolvedc interests ,n CM1 libgabon But the principle is equaly app,opnall where e person, whofty pass,ve and unaware of an brought to the bar of Justice for condemnellon in e criminal case. Page 355 U S ~29 Registration laws are common, end their range Is wide. Cl Now Yorl< et rel. Bryan/ v. Zlmmerman. 278 U S 63. u, Harms. 3'7 U S 6]2. United Sia/es v Kahnget. ;MS U. S 22 Many such laws a1eakin lo ~censing statutes in Iha regulation of business activities. But the p,esent O!dinance Is entirely d,ffentnt. Violation of Hs provisions is unaccorr activity whatever. mere presence in the city being the test Moreover. clrcumst3nces wh ich might move one lo inqui necessity of registration are completely lldtlng. N. most. the o,dinance Is but a law enforceme,,t technique dulgne< convenience of law enforcement agencies through which a Nst of the names and addresses of felons then residing I Is compiled . The disclosure Is merely a compilation of former convictions already publicly recorded in the jurisdictlor Nevltllheleu, lhis tppeltan~ on ~t be(Offling awa,e of her duty lo register, was gfvcn no opportunity lo comply wit its per,aly. even though her deflult wat entirely lnnocenl She could but suffer the c'lnsequences of lhe ordinance. with the Imposition of heavy criminal penalties then111nder. We believe that actual knowledge of the duty to register, probablfity of such knowledge and subsequent faifute to comply are necessary before a conviction under the O!dlna Holmes wrote In The Co,nmon Law. "A law which punished conduct which would not be bltmewonhy In the average memller of the community woold bl c.ommunily to bear: Id. at 50, Its severity lies in the absence of an opportunity either to avoid the consequences of the law or to defend• btought under ll Where a peiwon did not kn-of the duty lo registef, and where there was no p,oof of the probabilt knowledge . he may not be convicted t 11n1l1tentty Page 355 U S. 230 with due p,ocess. Were ft otherwise. the evil would be as great as ~ ls when the law is written In print too fine to rea, fulelgn to the co,nmunity. Reversed, MR JUSTICE BURTON . dissents because he believes that. as applied lo this appeHant. the ordinance does not v,o constitutioMI righta. ·Fora recent co,nprehenslve review of these registration laws, see Nole, 103 U of Pa.L.~ev 60 (1954). MR. JUSTICE FRANKFURTER , whOm MR . JUSTICE HARLAN and MR. JUSTICE WHITTAKER join. dl11enting, The l)f8Sent laws of the Untted States and of the forty-eight States are lhlclt with provisicnl that commend that som, and others be done. although persons convicted under such piovision1 may have had no awareness of what the Ir, what lhey did was wrongdoing. The body of decisions sustaining such legislation. Including Innumerable reg istration volurrinous as the Jegosfation Itself. The matter Is sunvnanzed In Umted Stales v Bahn/, 258 U S. 250. ~ "Many Instances of this are to be found In regulatory measures In the exercise of what is callftd lhe police power, wt the statute Is evidenUy upon achievement of some social betterment rather than the punishment of the crimes H In , .. Surely there can hardly be a dlffentnce aa a matter of fairness . oi hardlhlp, Of of Justice, ff one may Invoke ii. betw. person wholly Innocent of wrongdoinv, In the sense that he wat, not remotely conscious of violating any law. who Is years for conduct relating to narcotics, and the case of another ,oerson who is placed on probation for three years 01 pay $250, for failure, as a loca l resident, convicted under locallaw of a felony . to register under Page 355 U S 231 http :llsuprcmc.justia .com/us/355/225/casc .html'!fr icndu rl :http:l/www.audiocasclilcs.com... 7f28f200'-I 4 AMllERT V. CALIFORNIA , 355 U.S. 225 ( 1957) •· US Supreme Court Cases from Ju ... Page 4 of 4 a law pa1Sed as an ex erase of lhe Slale's ·police power: 355 U S naturally enough. 10 annbute to a sta!Ule lhe re cenain menial element -some consciousness of WIOOgdo,ng and knowledge of the lew's command -as a mailer c consuucllon. Then loo. a etuelly dispropofllonale relebon belween what lhe law reqU11es and the sanction ror rts dJSo const•ute a violation of lhe c,ghlh Amendment H • cruel and unusual punishment, and , m respect 10 lhe S1a1es, ev Proeeu Clause of Iha Fourteenth Amendment Bui what the Court here does Is to draw a constitutional 6ne between a State's requirement of doing and not doing. relum to Year Book distinctions belween feasanee and nonfeasance -a dlstinctian lhal may have significance In 1h common law notions of liability, but is Inadmissible as a line belween conslilutionallty and unconstitutionality. One c:; Mr, Justice Holmes would have been the laal to draw aueh e line. What he wrote about "blameworthiness" Is worth, "It ,s no! Intended lo deny lhat criminal liability , as wel II civil. is founded on blameworlhlness. Such• denial would sense of any civilized community; °'· to put k anolhet way, a law which punished conduct Which would not be blamE aver.ge member of Iha =unity would be too severe for that community to bear." (This passage Page 355 U S 232 mu1t be reed In lhe setting of lhe broader d1scuu 10n of Which l is an essential part Holmes, The Common Law al• II the generalization that unde~i&s, and ,tone can justify, this decision ware to be given Its relevant scope, a whole 1 States Reports would be required to document In IJai.11 the legislation in this country lhat would fall or be impaired. 1 entering upon a consideration of such leglslabon , and adjudications upon h, because I feel confidant lhat tho prese" out 10 be an Isolated deviation from lhe strong current of precedents -a derelict on tho waters of the law. AccordinE wlth dl11e~ting. • This casa does nol involve a person who, convicled of a crime in another jurisdiction, must decide whether ho has crime lhat 'Would have been punishable as • felony" had ij been committed in Calilomla. Appellant committed forge was convicted under Califomil law. Funhermore, she was convicted in Los Angeles itsaff, and therw she resided for belo<a the ,rrest leading lo lho present proceeding,. Search Cases US Suoreme Cout1 Cases l ~I~ Oxtz Supreme Court Mu1!1mtd 1a I l&a.J.u I ~ I US Fedu11 Court I D!e'o• FM Cgn1htut1ona1 Law PodCHtt 1 0111 waSe 11ch com Consrnuteoru11 L•w Bloat I LIWYIC aQd Lee•I Aid & Serv,ce• Copynght O Ju1111 & Oyoz & Fonn, Worl,Flow Term, of SeMCI Pnvtcy Pol,cy Havu Happy Day l http://suprcmc.justia.com/us/355/225/casc.htm l?rric ndurl =h1tp ://www.uud iocasc lil cs.com... 7/28/2009 ECOG JA RJJ f R.Om lAiiizt-tr MeRtAJ r I AJ E--,4-,-M {JIJif 11; ).f;tff e C-Ill tf; ~lcwood CitUcru for Open W\\ ~ cnglcw,11:'likuU"~·°'l rLEASE Ill! HEA RD! I I \ I • • • PROCLAMATIOK \\'HEREAS. an accunue .:eruus coun1 is ,,1al 10 our c<'mmuruty and res1den1s· "ell•bcmg b~ helping plaMcrs detffllune "here 10 locale schools. d.ly .:are cenlers. roads and publl(' 1ranspona11on, hospnals and ol~er 1ae1h11cs, and aclueving an accural< a.'!<! :omplcte coum or 1hc nauon · s growini; and changing populauon; and WHEREAS, more than S300 b1 I hon per year tn (cdcral and stale funding ts allOC-'tcd to states and communities based. in pan, on census data: and WHEREAS. census dlua help determine ho"· many scats each state "'II have in the U.S . House of Rcprescmath es and often is used for the rcdistric1ing of s1a1e legisla1urcs. COW11)' and ci1y council and voung d1s1nc1s: and WHEREAS. !he 20 IO Census crea1cs jobs thai stimula•c economic grD\\1h and increase cmplo)'lllem: nnd WHEREAS. 1hc informntion collected by the census is confidential and proteclcd by law: NOW THEREFORE, I, fames Woodward. Mayor of 1hc Ci ty of Englewood. Colorado. hereby proclaim 1ha1 the Ci1y of Englewood. Colorado is committed 10 pannering wi1h the U.S. Census B11rcau to help en.sure o full God G~~11ratc ~ol!O• in 20 I 0, The Mayor and City Council of1hc City of Englewood. Colorado proclaim the necessity of and reaffirm our commitment as a 2010 Census panner. the City of Englewood will: I. Suppon the goals an1 ideals for the 2010 Census and disscmina1e 2010 Census mfonna1ion 10 encourage those in our community 10 panicipa1c. 2. Encourage people m the Cny ofEn~lewood to place an emphasis on the 2010 Census and panicipatc m C\'ents and inuiativcs that will raise overall and ensUtt a run and &CCUrato census. 3 Suppon census take,;; :I! 1hC\' hr!~ our commuruty complete an accurn1e count. 4. Create or seek oppon1111111es to collaborato wnh other hk••mindcd i;roups 111 our community b)' p:1n1c1potmg in Complete Coum Comnuuces nndior uulizm~ h1~- profilc. 1rus1ed ,oices 10 ad\'ocate on behalf ,>fthe 2010 Census. GIVEN under m)' hand and seal this 17th day of August. 2009. James K. Woodward. Mnyor Sa • • 8b t~ •~-•-~"M""'~=:::::.om,,,-,.,.P,S ~ offer a renewed outlook on life for those IA'ho are addicted and their family members: and WHEREAS. substance abuse impacts ~.2 null100 people aged 12 or older in the Uruted Stales (9.2~. of the populauon). which as more than the number of people living ,.~th coronary hean disease. cancer or Alzheuncr' s disease combined; and WHEREAS, people who receive treatment for substance abuse can lead more productive and fulfilling hvcs, personally and professionally: and WHEREAS , s1udics have consistently found that individualized trcatmcm 1s essential for people 10 be successful in their path of recovery; and WHEREAS , real stories of long-term recovery can inspire 01hers to ask for help ond improve their 0\\11 lives, the lives of their families, and the entire community; and WHEREAS, ii Is critlcol that we educate our community members that subs1ancc abuse Is n 1rcn1able. yet srrious hrallh core problem. and by trea1ing ii like other chronic diseases, we can improve the quality of life for tbe entire community: and WHEREAS, 10 help achieve this goal, the U.S. Department of Health and Human Services. 1l,e Substance Abuse and Mento) Health Services Administration. the White House Office of National Drug Control Policy, invite oll residents of the City of Englewood, Colorado 10 pan1cipate m National Alcohol and Drug Addiction RecovCI)' Month -September, 2009: and \\IHEREAS, on behalf of the cit:zcns of the Cny of Englewood, Colorado, I nm pleased to celebrate September 2009 as Nauonal Alcohol and Drug Addiction Recovery Month in the Cit) of Englewood. Colorado; and NOW THEREFOR£. I. James K. Wood\A'anl. Mayor of the City of Enj;lewood, Coloraoo, ?,oteby proclaim the month of ept~mber 2009 as. NATIONAL ALCO HOL AND DR UG ADDICTION RECO VER\' MONTI! in the Cu> of Englewood, Colorado. I urge all of our residents to "JOIN THE VO ICES FOR RECOVERY : TOGETHER WE LEAR!\, TOGETHER WE HEAL" by supponins men. "omen and youths who ore in drug and alcohol addiction treatment and recovery. GIVEN wider my hond and seal this 17~ day of August. 2009. Jomes K. Woodward, Mnyor • • • ORDINANCE NO. SERTES OF 2009 B\' AtrrHORITI' COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER McCASLIN AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE DENVER METRO AUTO THEFT TEAM BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD, COLORADO TO COMBAT AUTO THEITS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO AREA. WHEREAS, lhc City Council or the Cuy or Englewood authorized an Memorandum of Und=tanding v.i!h lhc Denver MCU'O Auto Theft Team (OMA TT) by the passage of Ordinance No . 9. Series of200S: and WHEREAS. the number of auto thefts throughout the Denver Metro area have increased significantly; and WH EREAS, it has been recognized that a large number of these thefts are committed by individua ls or groups of individuals who arc not restricted in any way to committing these offenses within the jurisdict.ion of a single agency: and WHEREAS. the Denver Metro Auto Theft Team (DMA TT) was formed as an investigative and enforcement group of lhe Colorado Auto Theft Prevention Authority: and WHEREAS. lhc purpose o( lhc OMA TT is to <'Ombat auto thefts and vehicle insurance fraud by sharing bolh pcrsoMcl and capital resources and by taking an organized approach 10 investigating lhesc cnmcs; and WHEREAS. this Intergovernmental Agreement will formalize the relationship between lhc panicipa1ing agencies of the DMATT for po licy guidance, planning. training, public relations and media relations in order to maximize inter-agency coopera tion: and WHEREAS, each panicipating agency agrees lha1 its law enforcement personnel and/or its equipment may be used in conducting oven and coven investigations involving organized or multiple motor vehicles !hefts. chop shops ond fencing o( stolen motor vehicles and/or motor vehicles pans: and WHEREAS !his ln1ergovcrnmm11I Apccmcnt prO\idcs for the sharing of scnices or functions by political subdivisions of lhc State of Colorado. specifically authorized by CRS 29-1-203 (204): NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF 11 , CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~ The lntcrgovcmmcntal Agreement "Memorandum of Understanding" relating 10 the Denver Metro Auto Theft Team, anached hereto as Exht1>it A. is hereby accepted ond approved by the Englewood City Council . 9 b I ~ : The (1uef of the Engl<Miod Pc,hce Dq,anmcm and the C ll) C'lcrt are authonzcd 10 • execute and aucsl s111d Agreement for and on behalf <>f the CII)' of 1:nglewood. l01mduced. rCM m full. and passed on first reading on the 3rd day of Au~I. 2009. Published as n Bill for an Ord,nance m the Cuy'~ <>fficial newspaper on the 1• dny of Au~'\JSI. 2009. Published as a Bill for an Ordinance on the Cn)'·s official website be~Ming on the 5th day of August, 2009 for thiny (30) days. Rend by title and passed on final reading on the 17th dny of AUl,!IJSI. 2009. Published by title in the Cuy's official newsp:iper as Ordinance No._. Sencs of1009. on the 21st day of August, 2009. Published by 1i1l e on the Ci ty's official website bcgiM ing on the 19th day of August. 2009 for thiny (30) days. James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis. Cit)' Clerk I, Loucrishia A. Elhs. City Clerk of the City of Englewood, Colorado. hereby eenify that the above and foregoing is a true copy of the Ordinnnce passed on final reading and published by title os Ordinance No._, Series of 1009. Loucrishin A. Ellis • • • • • MEMORANDUM of UN DERSTANDING Denver Metro Au to Theft Tea m This Memorandum of Understanding (MOll ) is entered into by the Sheriffs, Chiefs o Law Enforcem1:nl Agenc) Director (or their designees) of the agencies who subsequent~ agr~f 10 the 1enns of this MOU. Pu r pose: The purpose of this Memorandum of Understanding is 10 outline the overall mission of the Denver Metro Auto Theft Team (OMA TT) and delineate the responsibilities between the panicipating member agencies listed above and any additional agencies that ha1e agreed to this MOU. This MOU will formalize relationship between pamc1pa1ing agencies for policy guidance, planning, training, publ ic relations and media relations in order 10 maximiie inter-agency cooperation. This will also create a cohesive unit capable of addressing the emerging organized auto theft problem facing Colorado Law Enforcement agencies statC\\~de . E.ach paniclpating agency ogrees that its law enforcement personnel and/or its equipment may be used in conducting oven and coven investigations involving organized· or mul1iple-motor vehicle thefts, chop shops and fencing of stolen m01or vehicles and/or motor vehicles pans. This Memorandum of Understanding provides functions or services. including the sharing of services or functions by political subdivisions of the State of Colorado, spccilically authorized by CRS 29-1-203 (2004). In addition this MOU sets forth the intent of the signatories 10 participate hereto in this organii.ation (DMA TI). This MOU is not a legally binding document and is oot inten ded to confer r emedies on a ny party in the even! of its brea ch . l\lisilon: TI1e mission of1hc Ocn,,er Metro Aut o Theft Team is 10 combat auto thefts and vehicle insurance fraud. This will be accomplished by thoroughly investigating organized group ,. repeat offenders and those indi,1iduals, groups and or organizations that benefit from or suppon this type of criminal activity. • DMA Tf will work closely with prosecutors in preparing cases in which 1hr Colorado Organized Crime Control Act (COCCA), if appropriate, can be implemented . • DMA TT will be proactive in the use of ·'sling" operations, bai t vehicles and infonnanls 10 penetrate organized groups of aulo thieves. • DMATT will also be proacti ve by enforcing the "Doily Business Record" statute • for tow companies, auto salvage yards and auto repair businesses . • DMA TI. upon r.:qucst. will assist member agencies with large. andior organized multi-jurisdictional au to theft related inl'estigations . • OMA TI will participate with other Federal. Suuc or Local Law Enforcement Task Forces that request our assistance on auto theft related issues. • DMA TI will work closely with the Colorado Auto Theft lnvestiga1ors (CA TI) organization 10 educate the public and provide introduc!or)• and advanced auto theft training 10 other Law Enforcement agencies. Participation: Initially, it is anticipated that for at least the firs1 year the DMA TT will be a part-lime organization designed to facilitate complex vehicle crime investigations. It is not intended 10 be a full-time task force, requiring assignment of personnel at this time. OMA TT will be activated when a member agency has a multi-jurisdictional auto theft investigation and requires additional manpower to properly investigat.e the case. Agencies requesting activation of OMA TT must be able 10 assign a minimum of one Investigator or Detective 10 participate in Te•.?r. operations and that member agency's personnel "ill serve as case agent am! may make available a co-supervisor for the Team for the purpose of operational plan reV1ew and field supeT\rision during search and arrest warrant execution within that jurisdiction. Agency heads or designees are invited 10 quarterly briefings from the Project Director. Such briefings "ill also serve as a forum 10 address any issues of mutual concern to the partici pating agencies. Composition: OMA TT will consist of a combined law enforcement body from the agreeing agencies with the Colorado State Patrol as the lead agency. In addition, any ndditional participating agency that subsequently agrees 10 the terms of this MOU will support OMA TT. Each participating agency agrees 10 provide manpower 10 allow D?-.-IA TT to accomplish its mission. Specific control of Tean1 members shall be retained by the respective participating agency heads or designce. who will be kept informed of all investigative developments b; their respective subordinates. The primary OMA TT supeT\~sor will be the CSP Sergeant or other designated officer as assigned by the Colorado State Pa1r0l 10 supervise the Team . Liahilil)•: Each pir icip~:;ug agenc) acknowledges that applicable Colorado State laws govern liabi lity fc.r negligent or \\Tongful acts or omissions commi11ed by its employees while they are participating as a member of DMA TT. Liability for negligent acts or omissions • • • • • are the ~le responsib11i1~ Clf each of lhe pan1cip,11ing agencies or cmplCI, ces and none of lhe agencies or employee< waive the benefits or obligations ,, the Colorado Govemmemal Immun ity Act: C.R.S. 24-10-101. Panicipating agencies t111d individual team members agree they will not be responsible or liable for acts perfom1ed by personnel of olher member agencies while perfonning DMA 1T activities. Each panicipating agenc)' will be provided wilh a CClp)' of 11,e Operational Guidel ines for l11e Team. Each Team member will be required 10 follow lhe ru les and regulations of their parent agencies unless Team guidelines are more strict Each panicipating member remains an employee of !heir parent agency and each agency is responsible for salary, worker"s compensation, and other benefits afforded lheir agenc y members. Salary/O,•ertim e: The Colorado Stale Patrol will issue purchase orders lhat aulhorize lhe reimbursement of ovenime incurred in furtherance of team objectives as outlh:ed in the Denver Metro Auto Theft Team Operationlll Guidelines. Assignment of Cues: All cases assigned or developed by lhe Team will be jointly investigated by lhe DMA TT . The development of teams wilhin the DMA 1T may be necessary 10 effectively accomplish lhe mission. Such teams will consist of a Team member from the requesting agency and a Colorado State Patrol Investigator and any additional detectives as needed . It is agreed !hat unilaternl actions on lhe pan of one agency will not be under-taken, as such actions run contrary 10 lhe multi-jurisdictional spirit if !he Colorado Auto Theft Prevention Aulhority (CATPA) legislation. All law enforcement actions will be coordinated and ,;ooperatively carried out L'sc of Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) Watch Center is mandatory for DMA 1T operat.ions to avoid connicts with another agency or task force operation. Records: All Team in,•estigativc records will be maintained in a secure location h)' the initiating agency. Copies of all documents generated by lhe Team with respect 10 a Team investigation shall be provided to DM/\lT unless prohihited by that agency's regulati ons, and/or applicable Slate or Federal law, Classified infonnation and/or documents containing infonnation that identifies or tends to identify a OMA TT infonnant shall be maintained by the initiating agency in accordance with that agency's policies regarding intelligence and confidential infom1unt handling . Proseculions: The detective. supervisor, appropriate district anomcy nnd the Colorado Anome y General Office will make a dctcnninotion. on a case-by-case basis, whether tht filing of a specific Team im estigation should be filed with the District Anomey or the State Anomey General's Office. The determination will be made at the earliest possible time based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit 10 the overall objectives of the Team. Inci dents involving T eam Membe rs: Should a Team member be involved in 11 "critical incident'' (dead!)' force encounter) relating to and in the scope of Team duties, established critical incident teams will be utiliud. Jm,estigation of critical incidents that occur in areas without a critical incident team will be investigated by the agency having jurisdiction. Investigative assistance may be requested from the Colorado Bureau of Investigations as needed. The agency of the member involved in the incident will be responsible for conducting their own internal investigation. Should Team members from more than one agency become involved in an incident, participating agencies in this MOU agree to conduct independent investigations unless it is determined by the appropriate supervisor that a joint investigation would be in the best interest of the agencies involved. Any critical incident involving the use of deadly force occurring in the City & County of Denver will be investigated under the direction of the Crimes Against Persons Bureau under the most recent version of the guidelines set forth in the Denver Police Department's Operations Manual. However, if it is agreed that the agencies involved in an incident will conduct their own investigation, it is agreed that each agency will conduct their respective investigation in a manner that doesn't interfere with or hamper the investigation(s) of other agency(s). The Denver Metro Auto Theft Team permanent supervisor will notify the parent agency supervisor in any instance of a complaint against a Team member arising from Team duties. The parent agency is solely responsible for administrative investigations and complaint resolution for their employee and any disciplinary or corrective action will be the prerogative of the team member's agency . Jnvestigatin Methods: The majority of the Team cases will be prosecuted on the State level. Therefore, the participants of the Team agree to conform to State standards concerning the collection, processing and storage of evidence nnd electronic surveillance. ln addi tion, the use of other investigative methods (search warrant, intercepts of oral communication, etc ... ) and reponing procedures in connection therewith will be consistent with the policy and procedures of the State of Colorado and each participating agency. Evidence will be m.antained and processed by the initiating agency under that agency's established .udelines. • • • • l' nderconr Optrllliuns: l\11 Team opcra1io11s will be conducted and reviewed in accordance with Team guidelines and applicable State and Federal laws. Informants: lnfonnant handling and documentation will be conducted in accordance with the initiating agency's policy. lnfonnants >Aili need to be rei;istcrcd with DMA TT and obtain a OMA TT number for tracking purposes. No documents will be prepared or disseminated outside the Team that would identify or tend 10 identify a Team in fonnanl \Vhen possible, the i:1fonnant will be referred 10 by a code name or number so as not 10 reveal his/her identity. If any information on a confidential infonnant {Cl} becomes the subject of a discovery motion or court order in any State, Federal or Local proceeding, all participating agencies agree that they >Aill notify each other prior to disclosure. Each agency >Aili anempt to protect the interest of the other participating agencies in addition to its own interests and those of the Cl. Each agency's designated superv isor will oversee all aspects of infonnant de,,elopmcnt, control and management in furtherance of the Team investigations. • Vebiclcs : • All participating agencies agree to supply their Team members ,\ith a vehicle for use by their employee. All vehicles assigned 10 a Team member, except in emergency, will be driven by thBI agency" s personnel. Expenses related 10 the operation of that agency vehicle shall be the responsibility of that agency. Property: Property and equipment of the Team will be properly maintained and cared for by members. Any equipment on loan to the Team, by a participating agency, that is damaged while in use during a Team OJX,mtion "ill be repaired or replaced at Team expense. Medill Rela tion s: The DMA TT commander or his /her dcsignee has the responsibility to coordina.te the release of information 10 the news media and 10 the public through the Public lnfonnation Officer of the in\'Olved jurisdiction and the Colorado State Patrol Public Affairs Section. Media inquiries made to individual participating agencies shall be referred to the OMA TT commander. Al major crime scenes or follo>Aing major incidents. the DMA TT commander or designee will coordinate with the Public lnfonnation Officer of the jurisdiction{s) involved to ensure appropriate and accurate news releases arc made. The OMA TT commander or designee will ensure that each member agenc~· receh es equal public recognition for publicized Team operations. Duration: The tenn of this MOU is for the duration of the Team· s operation. Any pai1icipating agency may withdraw from the Team at any time by \\nnen notification to the Team commander at lea.~t 30 days prior to withdrawal. Upon termination of the MOU. all equipment provided by the OMA TT will be returned to the Team. Modification: This agreement may be modified at any time by wrinen consent of all panicipating agencies through the Team Commander. Modifications to this MOU shall have no force and effect unless such modifications are reduced to \\TIiing and signed by an authorized representative of each participating agency. Forfeitures: The agency filing the criminal case will be responsible for processing assets seized for forfeiture in conjunction with Team operations. Asset forfeitures will be conducted in accordance with rules and regulation set for1h by the Federal government or the Swe of Colorado and OMA TT Operational Guidelines. Panicipating agencies agree that any • recoverable forfeiture, anribu1able to a Team investigation, will be donated to the • Colorado Auto Theft Prevention Auth'>rity under the ;;uidelines established in C.R.S. 42- 5-112 (4)(a). Organization: The Team Commander will assure that OMA TT has the equipment, training and support necessary 10 carry out its mission. The Project Director wiU be the authorized signer for issues related to the DMA TT organization and operation. The permanent Team Supervisor (CSP Sergeant) will have field supervisory responsibility of all team members during DMA TT activities and will ensure that OMA TT Operational Guidelines arc followed. The Colorado Anomcy General Office will serve as legal ruh~sor to OMA TT. 6 • • • • Parci cipating A gen~ slgnal ur t{s) By signing this Memorandum of Underslanding your agency agrees to conditions set forth in the memorandum and the Operational Guidelines for lhe Denver Mccro Auto The!\ Terun. City of Engl ewood Agency• Police oepactrn"ot Please prinl Agency Name Name•----.-,--------- Au1horl2ed Signaiure Thomas E. Vander mee Chief -,f i?olice Colonel James Wolfinbarger Cb1ef-Colondo Sooe Patrol Date-_ /_/ 2009 • • • ORDINANCE NO . SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO . 34 INTRODUCED BY COUNCll MEMBER PENN AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE ADAM WALSH TASK FORCE -COLORADO BETWEEN THE PARTICIPATING LA w ENFORCEMENT AGENCIES AND THE cm' OF ENGLEWOOD. COLORADO \VHJCH FOCUSES ON THE IDENTIFICATION. INVESTIGATION . LOCATION AND APPREHENSION OF NON-COMPLIANT SEX OFFENDERS FOR POSSIBLE STATE OR FEDERAL PROSECUTIONS UNDER THE AUTHORITY AND UMBRELLA OF THE HIGH INTENSITY DRUG TRAFFICKING AREA. FUGITIVE LOCATION AND APPREHENSION GROUP TASK FORCE . WHEREAS . !he operational coordination and oversigh1 of the 1ask force will be lhe rcsponsibili1y of the United States Marshals Service (USMS); and WHEREAS. lhe Adam Walsh Task Force -Colorado was formed as a multi agency-task force focusing on the identifica1ion . investigation. location and apprehension of non-<:omplian1 sex offenden. for possible state or federal prosecutions under lhc authorily and umbrella of the High lntensily Drug Trafficking Area (H .I.D .T.A.). Fugitive Loca1ions and Apprehension Group (F .L.A .G.) Task Force; and WHEREAS. each panicipa1ing agency agrees 10 assign a1 least one inws1iga1or and/or analysl 10 lhe task force to provide inves1iga1ivc support to the group and to serve as a liaison for !heir respec1ive agencies for investigative and operational support; and WHEREAS , the passage of this ordinance authorizes 1he City of Englewood tv panicipa1e in lhe Adam Walsh Task Force an.J tc assisl them while conduc1ing inves1iga1ions within 1he City of Englewood ; NOW. Tl[ERE frJ K ·. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITI OF ENG LEWOO~. {\)LORADO , AS FOLLOWS: Sec1ion 1. The lmcrgovcmmental Agreement "Adam Walsh Task Force -Colorado Memorandum of Undemandi11g ". anached herelo as Exhibi1 A. is hereby accepled and approved by the Englewood Cily Council. Seclion 2. The Chief of !he Englewood Police Department and 1he City Clerk arc authorized 10 execu1e and an est said Agreemenl for and on behalf of the Ci1y of Englewood . ln1roduced. read in full, and passed on fin.I reading on the Jrd day of August . 2009 . Published as a Bill for an Ordinance in the Ci1y"s official newspaper on the 7'' day of Augusl, 2009 . 9b ii Published as a Bill for an Ordinance on the City's official website be¢nning on the Sth day of August. 2009 for thirty (30) days. Read by title and passed on final reading on the 17th day of August, 2009. Published by title in the City's official newspaper as Ordinance No ._, Series of 2009. on the 21st day of August , 2009. Published by title o.n the City's official website beginning on the 19th day of August. 2009 for thirty (30) days. James K. Woodward. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrisliia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is• true copy of the Onilnancc passed on fmal reading and published by title as Ordinance No._. Series of 2009. Lvucrishia A, Ellis • • • • • • ADAM WALSH TASK FORCE -COLORADO MEMORANDUM OF UNDERSTANDING MISS ION and PURPOSE: This Memorandum of Undemanding (MOU) is entered into by the panicipating law enforcement agency and the United Stales Marshals Service (USMS). District of Colorado for the pwposes of panicipating in the Adam Walsh Task Force -Colorado. This is a multi agcncr • taSk force focusing on the identification, investigation, location and apprehension of non• compliant sex offenders for possible state or federal prosecutions under the authority and umbrella of the High Intensity Drug Trafficking Area (H.l.D .T.A.), Fugitive Location and Apprehension Group (F.L.A.G.) Task Force. SUPERVISION: Operational coordination and oversight of the task force will be the responsibility of the USMS . Each task force officer will, for administrative pwposes, repon directly to their agency supervisor. Supervision of the persoMel assigned to the task force , and their conduct. will be the responsibility of the supel'\~sors of each panicipating ~ency. fERSONNEL: Each participating agency agrees to assign at least one investigator and/or analyst to the task force. They will work in their capacity to provide investigative suppon to the group and to serve as a liaison fo r their respective agencies for investigative and operational suppon. Each member agency will be responsible fo r compensation and wages. to include overtime pay, for its 0 \\11 persoMel. Apprehension team members from local, state, or county law enforcement agencies must be officers who have been deputized as Special Deplll)' U. S. Marshal . Special Deputations of task force law enforcement officers will be effective only when they are assigned to the task force and pcrfonning work for the wk force . RECORDS AND REPORTS: Each participating agency is responsible for maintaining the case files of investigations generated by cbeir particular agency . A All cases refemd to the task force \\ill be submi11ed on a USM -Form 560. This form will be submincd to the USMS Task Force Coordinator for use in statistical. informational and tracking purposes. All cases that have been opened will be entered into the USl\li· .!Jee Detainee lnformation System (ID IS). USE OF FORCE: Each member of the task force will comply with their agency"s guiddines concerning the use of force. NEWS MEDIA: Media inquiries regarding the Task Force will be referred to the United States Marshals Service. A press release may be issued. and a press conference held, but only upon agreement by the participating agency head(s). All press releases will make reference to the taSk force with emphasis of the combined efforts of the task force . RELEASE OF LI ABILITY: Each agency wiU be responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be considered as the agents of any other panicipating agency. Nothing herein waives or limits sovereign immunity wider federal or state statutory or constirwional law. DURATION : This MOU is intended to remain in effect indefinitely. However, participating agencies may withdraw their participation at any time after a thiny day writ1.eo noti ce to the U.S. Marshal. District of Colorado. This document consisting of three (3) pages is agreed to this _______ day of _____ 200_. United States Marshal District of Colorado United States Attorney District of Colorado Law Enforcement Agency Head _________ (Agency) -------·--- • • • • • • La" Enforcement Agency Head _________ (Agency) Law Enforcement Agency Head _________ (Agency) Law Enfo rcement Agency Head _________ (Agency) Law Enforcement Agency Head _________ (Agency) Law Enforcement Agency Head (Agency) Law Enforcement Agency Head _________ (Agency) Law Enforcement Agency Head _________ (Agency) 3 La\\ Enforcement Agency Head _________ (Agency) Law Enforcement Agency Head _______ (Agency) Law Enforcement Agency Head ________ {Agency) Law Enforcement Agency Head ________ (Agency) Law Enforcement Agency Head ________ (Agency) Law Enforcement Agency Head ________ (Agency) Law Enforcement Agency Head ________ (Agency) Law Enforcement Agency Head (S i!!llature and Printed Name} '.i.1hornas r.. Vand~rmt:e, Ch1~f or Po.lice City of Englewooa Poli ce Chief Agency Date 4 • • • • • COUNCIL COMMUNICATION Date: Agenda llem: Subject: August l i. 2009 11 a I Bill for an Ordinance making changes to 4-4-4-7C of the Code, reducing the Vendo r Fee from .5 percen t to .25 percent Initiated By. I Staff Source: Department of Rnance and Administrative Services Frank <,;ryglewicz, Director CO U NOL GOAL AND PREVI OUS COUNCIL ACTION This proposal was discussed with Council at the Study Session held August 3. 2009; at thal rime Council agreed to go forward wllh a fifty percent reduction in the current fee of one-half of one percent (.5%) to a quarter percenl (.25%). The ve nd or fee was established by Ordinance No. 32, Series of 1961 Section 12. RETAILER RESPONSI BLE FOR PAYMENT OF TAX, which prov ided a five percent vendor fee to cover lhe vendor's expense in lhe collection and remittance of sales tax. This fee has been reduced sinc e i ts Initial rate of five percent to 2.5 percent by the passage of Ordinance 32, Serles of 1968, to 1.6 percent by the passage of Ordinance 27, Series of 1970, and to its current rale of .5 percent by Ordinance 58, Series of 2002. RECOMMENDED ACTIO N Staff recommends Council approve the proposed bill for an ordinance amending 4-4-4-7C of the Englewood Municipal Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Code allows a vendor filing a timely sal es tax return to the City of Englewood to retain one-hal f of one a percent (.5%) of the taxes 1equlred to be collected. City staff recommends reducing this fee 10 a quarter of a percent (.25%). This action will preserve Ciiy funds that can be used to maintain staffing and provide necessary services to the community. FI NANCIAL IMPACT The estimated savings for 2010 is approximately S48,000. UST OF ATTACHMENTS • Proposed Bill for an Ord,nance • • • ORDINANCE NO. SERIES OF 2009 BY AUTHORm' COUNCn. Bn.L NO. 36 INTRODUCED BY COUNCIL MEMBER ____ _ ABil.LFOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTION 7(C), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LICENSE FOR RETAILER AND VENDOR FEES. WHEREAS. the Englewood Chy Council au1horizcd 1hc cs1ablishmcn1 ofa \'endor fee which provided a five pcn:cnl ,-cndor fee 10 cover the vendor's expense in the co1Jec1ion and rcminancc of sales 1ax by the passage of Ordinoncc No. 32, Series of 1961; and WHEREAS. the passage of Ordinance No. 32, Series of 1968 reduced the fee from the initial ra1c of five percenl 10 2.5 perccn1; and WHEREAS. the passage of Ordinance No. 27, Series of 1970 reduced the fee 10 1.6 pcrcen1; and WHEREAS. the passage of Ordinance No. 58, Series of 2002 reduced the fee 10 .5 pcrcen1; and WHEREAS, 1he passage of this Ordinance will reduce 1hc Vendor fee from .510 .25 perccn1 in order to preserve Ci1y funds tha1 can be used 10 main1ain s1affing and provide necessary services 10 the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: ~-The City Council of the City of Englewood. Colorado hereby authorized amending Title 4, Chapu:r 4, Section 4, Subsection 7(C). of the Englewood Municipal Code 2000, entitled "Sales Tax Returns" to read as follows: 4-4-4-7: Sales Tax Returns. A. Every person required to obtain a sales lllJ( license pursuant to th~ provi51ons of Section 4- 4-4-4, shall file a sales 1ax return. with payment of 1ax owed, if any, upon the s1andard Municipal sales and use taA reponing form as adopted by the Execu1ive Director of the Colorado Depanmenl of Revenue, not la1er 1han 1he 1wen1icth day of each month for the rrccedingcalcndar month; provided, however. tha1 if the accoun1ing methods regularly employed by 1he licensed retailer in the transaction ofhislncr business, or other condi1ions, are such tha1 reporu of sales made on a calendar mon1hly basis will impose unnecessary hardship, the Director may, upon request of said retailer, accept reporu al such intervals as will, in his/her opinion. be11er suil the convenience of the toxpayCT, and will nol jeopardize the collcc1ion of thew . B. The retwns so filo:J slUIII conU1in such mforma1ion as may enable 1he Oirec1or 10 accura1ely • de1cnnine the am.iun1 of lllll collected by the person filing the return. bul mall cases shall contain 1hc following infonna1ion: I . The amoun1 of l!IOSS 1axable sales made by the retailer during the period for which thc rerum is filed, !. The 101al sales price of all propcny returned by the purchaser as a rcsuh of a return of goods sold by the retailer. provided. the original sale was a Wable uansaction: 3. The total fair marke1 value of any propeny rec~ived by the retailer as a resuh of an exchange of property; provided the propmy so received as held by the rc:tailer to be sold or leased to a user or consumer in the n:gular course of his/her business; ~. The 101al amount of retail sales which are excmp1 from the tax imposed by Section 4• 4-4-2 by reason of the provisions of Section 4-4-4-3 ; 5. The total amounl of sales made on credit, the obliga1ion for which is 1101 secured by a conditional sales contract. chauel mongage or other sccuri1y insuumen1 entitling the mailer to rq,osscss the item sold, which are found to be wonhless and which may be deducted as bad debts on the retailer's Federal income Wt rClurn. C. The return shall be accollljllllied by an amount equal 10 the sales w required to be collected by the rClliler but which, in no case, shall be less than the amount aClllally collec1ed, no, less than three and one-half percent (3.5%) of the figure derived by subtracting from the gross IAXable sales, as reflec1ed on the relUm, the 101al sales described • in subsection B2, 3. 4 and 5 above, u reflected on the rClurn; provided. however, the retailer may deduct from the total IIX due an amount equal to --if~ percent {o.&Q ~of the sales tax required to be collected, which may be retained by the retailer as a fee for collecting said tax. If the rClum or thew rcmiriance is filed later than the twentieth day of each month or as prescribed bv the OtreClor. the -W ~ percen1 (~ ~ vendor's fee allowance shall be forfciled and added 10 the amount of the deficiency. 0 . All otherpenons shall pay to the Director the amount of any tax due Wider the provisions of this Section 4-4-4-7, not later 1han fifteen ( 15) days after the date tha.t said tax becomes due. ~-Safety C)auscs. The Ci1y Council hereby finds, dctennincs, and declares that this Ordinance is promulgated under the general police power of the Ci1y of Englewood, 1ha1 ii is promulgated ,or the health, safety. aod welfare of the public, and that this Ordinance is ncccssa,y for the preserva1ion of health and safety and for the protection of public convenience and welfare . TI,c City Council funher determines 1ha1 the Ordinance bears a ra1ional rcla1ion to 1he proper legislative object sough1 to be obtained. ~ SeverabiliJY. If any clause, sentence, paragraph, or pan of this Ordinance or the application lhercof 10 any person or circumstances shall for any rcoson be adjudged by a court of competent jurisdicuon invalid. such judgment shall not affect, impa.ir or invalidate the remainder of this Ordanance or it applicat,on to otha' persons or circumstances. • • • • ~ lnconsisteQl Ordillllnces. All -Other Ordinances or ponions thereof inconsistent or c-0n0tcting with Ibis Ordtrumce or ao:· ponion hereof nre hereby repealed to the extent of such inconsistency or conOict. ~ Effect of rg,eaJ or modjijcatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify. or change in whole or in pan any penalty. fo rfeiture, or liability, either civil or criminal. which shall have been incurred under such provision. and each pro,ision shall be treated and held as still remaining in force for the purposes of swtaUlll1il any and all proper actions, suits, proceedings, and prosccut.ions for the enforcement of the penalty. forfeiture, or liability, as well as for the purpose of susllining any judgment, decree. or order which can or may be rendered, entered, or made in such actions, suits. proceedings, or prosecutions. ~ ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every ,iolation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of August, 2009. Published as a Bill for an Ordinance in the City's official DeMJ!Bpcr on the 21• dav of August. 2009. Published as a Bill for an Ordinance OD the City's official website beginning OD the 19th day of August. 2009 for lhiny (30) days . James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Cleric of the City of Englewood. Colorado, hereby cenify 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 17th day of August. 2009. Loucrishia A. Ellis • • • ORDINANCE NO . SERIES OF 2009 BYA UTHORIH CO CIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER WILSON AN EMERGENCY ORDINANCE l::STABLJSHING A TEMPORARY SUSPENSION OR MORA TORJUM ON THE ESTABLISHMENT OF NEW MEDICAL MARJJUANA DISPENSING AND GROWING USES FOR A PERJOD OF SIX MONTHS . WHEREAS, it has been brought to Council's attention that the current Unified Development Code does not adequately define or limit medical marijuana dispensing and growing uses ; and WHEREAS , City Council has directed staff to review. create and revise. ifnc0 essary, pro vi sions concerning medical marijuana dispensing and growing ; and WHEREAS, staff will need sufficien: time to review and coordinate the pro · ·•sions relating 10 Medical marijuar.n dispens ing and g:"Owing in the Code; and WHEREAS , City Council deems it necessary to coordinate the revi ew of the Unified Development Code and finds it appropriate 10 prohibit the establishm ,,u ,ii ,1~• medical marijuana dispensing and growing in the City until the review by the s1 s .f ~•:.'-City Council ; and \VHF.REAS, the moratorium would temporarily stop additional busin.esses ; and WHEREAS. tho se uses already in business would not be affected; and WHEREAS . the eme rgency ordinance contemplates a prohibit ion on the estahli shment of ,.·, bus!ness not in operation by second reading ; and WHEREAS , in order for the Cit y to comply with equal protection issues . the moratorium vi temporary suspension must apply to all zone districts unless specific exemptions can be legitimately set forth due to a fin ding that a panicular zone district should be excluded: and WHEREAS, the revisio,,s to the Unified Development Code and the updating of the uses allowed in all zone districts will help protect the public health. safety and welfare by preserving a safe , healthy, and sound environment within the City ; and WHEREAS , the citizens of Englewood and the Ci1y Council have de'lermined that further revi sion s to the Unified Development Code are necessary 10 promote , coordinate . and implement a high quality plan 10 produce well balanced zoning in the City; and WHEREAS , the current listing of uses is not meeting the above criteria; and WHEREAS. the City Council finds that a six month moratorium or temporary suspension of 1he establishment of all new medical marijuana dispensing and growing uses is neces sary to implement the revisions to the Unified Dc1'eiopment Code . 11 bi NO\\', T HEREFORE. BE IT ORDAINED B\' THE Can COUNCIL OF TIii-. rm· OF ENGLEWOOD. COLORADO.THAT A MORA TORIU~I OR TEMPORARY SUSPENSION OF ALL NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FROM AUGUST 17. 2009 TO FEBRUARY 17. 2010. SIIALL BE ESTABLISHED. ~-By reason of the fact tha: the Englewood Unified Development Code does not adequatel) define or limu mcd1cal marijuana dispcnstng and gro,.ing uses and for the 1mmed1atc pre.servauon of the public property. health. peace and safety. 11 is hereby declared that an emergency exists and that this Ordinance shall take effect immediately upon its final passage. ~-Said moratorium er temporary suspension shall be for any medical marijuana dispensing and growing uses within the City of Englewood not on operation by Au.,ust 17, 2009. ~ The City COW1Cil directs City staff to develop appropriate rccommcndauons to Council, within six months, 10 be consistent with this Ordinance and to provide for an updating of the Unified Development Code relating to medical mariJuana dispensing and growing uses. ~ The City Council fiods •be provisions of this Ordinance arc tcmpor n nature and are intendeJ to be replaced by subsequent legislative enactment so that the ~. 1,.i, an or temporary suspension as specified in this Ord,nan.:c: shall temunatc on Februar 17, 2010 Introduced. read in full, and rasscd Oil fim reading as an Emrrgcncy Ordinnr,c~ nn the ,"' day of August. 2009 . • Published as an Emergency Bill for an Ordinanc,: OD tbc Cny's official website beg.nning on the 5th day of Au.,ust. 2009 for tluny (30) days. • Published in fu ll as an Emergency Bill for an Ordinance in the City"s official newspaper on the 14• day of August. 2009. Read by title and passed on final reading 11$ an Emergency Ordinance OD the 17th day of August, 2009. Published b) :itlc as an Emergency Ordinance No. __ . Series of 2009. in the City's official newspaper on 1!,e 21st da:· of August. 2009 . Published by title as an EmCl!\!en<:Y Ordinance on theC'ity's official website beginmng on the 19th day of August, 2009 for thin )' (30) days. ATTEST: James K. Woodward. Mayor Loucrish1a A Elli~. City Clerk • • I. I nucn h1a A. Elli~. C11y Cieri: of the Cny of Englewood. Colorado. hereby cemf> th~• 1hc • • above and forc~Oln!l 1s a IJ\IC co,y of the Emergency Ordinance passed on final reading and pubhshcd b}' 111lc as Ordinance No _. Scncs oP009. Loucnslua A. Elhs OF DINANCE NO. SF.RIES OF 2009 BYAUTHOR ln" COUNCIL Bll.L NO. 35 INTRODUCED BY COUNCIL MEMBER \VU..SON AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORA TORJUM ON THE ESTABLISHMENT OF NEW MEDICAL MARlnJANA DISPENSING AND GROWING USES FOR A PERIOD OF SIX MONTHS . WHEREAS. it bas been brought to Council's anention that the CUtTent Unified Development Code does not adequately define or limit medical marijuana dispensing and growing uses: and WHEREAS. Cny Council bas directed staff to review, .rcate and revise, if necessary. provisions concerning rucd1cal marijuana dispensing and growing; and WHEREAS, staff will need sufficient time to miciA• and coordinate the provisions relating to Medical marijuana dispensing and growing in the Code; and WHEREAS, City Council deems it necessary to coordinate the review of the Unified Development Code and finds It appropriate 10 p1olubit the establishment of new medical marijuana dispensing and growing in the City until the review by the saff and City Council: and WHEREAS. the moratorium would temporarily stop additional businesses: and WHEREAS, those uses already in business would not be affected; and WHEREAS, the emergency ordinance contemplates a prolubition on the establishment of any business not in operation by second reading: and WHEREAS, in order for the City to comply with equal protection issues, the mortuonum or temporary suspension must apply to aU zone districts unless specific exemptions can be legitimately set forth due to a finding that a panicular zone distnct should be excluded; and WHEREAS. the revisions to the Uruticd Devclopmcnt Code and the updating <'f the uses allowed in all zone districts will help protect the public health, safety and welfare by prcscrvmg • safe. healthy. and sound environment within the City: and WHEREAS , the citizens of Englewood and the City Council have dctennined thnt further m-isions 10 the Unified Developmen1 Code arc necessary 10 promote. coordinate. t111d implement n high quality plan to produce well balanced zoni ng m the Cuy; t111d WHEREAS, the CUtTent hsung of uses IS not mcctmg ~ above cri . ..:na; and WHEREAS, the Cny Council finds that a six month moratorium or temporary su~pension of the cstnblishment of all new medical morijuana dispensing and gr,,,,·L~g '.lSCS 1s necessary to implement the revisions 10 the Unified Development Cl-de. 11 bi NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT A MORATORIUM OR TEMPORARY !:t.:SPENS IO'I OF ALL NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FROM AUGUST 17, 2009 TO FEBRUARY 17. 2010, SIIALL BE ESTABLISHED. ~-By reason of 1hc fact tha1 1hc Eni:lewooo Unified Devcl ~pmem Code docs not adcqua1cly define or hmil medica l marijuana dispensing and growing uses ond for the immedia1e preservation of the public propeny, health, peace and safety, it is hereby declared tha1 an emergency exists and lha1 1h1s Ordinance shall take effect immediately upon us final passage. ~-Said moratonum or temporary suspension shall be for any medical marijuana dispensing and growing uses within the City of Englewood not in operation by August 17, 2009. ~liQD)~ The City l-Ouncil directs City •taffto develop appropriate recommendations to L11u11cil, within si~ months, to be consistent with this Ordinance and to provide for an updating nf 1ne Unified Dcvdopmem Code relating 10 medical marijuana dispensing and growing uses. ~!L?L• The C11y Council finds the provmons of this Ordtnancc arc temporary ID nature and an i • :, ~ 10 be replaced by subsequent legislative enactment so that the moratoriwn or tcmpo,ary s,•,p,i,sion as specified in this Ordinance shall 1crmina1c on February 17, 2010. lJ H ., • .:ed, read in full, and passed on firsl reading as an Emergency Ord inance on the 3"' day of .~C.l\lSl, 2009. Published as an Emergency Bill for an Ord .,nee on the City's official wcbsiie beginning on the 5th day of August, 2009 for th1ny (30) days. Published in full as an Emergency Bill for on Ordinance in the Cily's official newspaper on lhe 14,. day of Augusi, 2009 . Read by title and passed on final reading as an r,mcrgcncy Ordinance on the 17th day of August, 2009. Published by title as nn Emergency Ordinance No._, Senes of 2009, in the C'i1y's official newspaper on Ilic 21 sl dny of AUb'IISI, 2009. Publi shed by tillc as an Emergency Ordinance on 1hc City's official wcbsi1e hcgmning on the 191h day of August, 2009 for tluny (30) days. AlTEST: James K. Woodward, Mayor Loucrlshia A. Ellis, C'uy Clerk I. Loucrishia A Ellis. Ci1r Clerk of the City of Englewood, Colorado, hercb> cen,fy that the above and forego ing 1s a true copy of the Emergency Ordmanc:c passed on final reading and ruhhshed by tule as Ordinance No _. Series of2009. Loucnshia A . Ellis • • • COUNCIL COMMUNI CATION Date: Agend a Item: Subject: August I i, 2009 11 c I Memorandum oi Understanding amending the Collec ti ve Bargaining Agreement between the City and the EFFA fo r 2009 · 2011 Initiat ed By: I Staff Source: Human Resources Oepanmen1 Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNOL ACTION The Collective Bargaining Agreement with the Englewood Firefighters Association was apprO\ ed by Council for 2009-2011. RECOMMENDED ACTIO N Staff requests Council's approva l of a Memorandum of Undel}tandlng amending the 2009-2011 Collect,\ e Bargaining Agreement with the Englewood Firefighters Assotlatlon (EFFA ) . BACKG ROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City's collective bargaining agreement for 2()()9.2011 \\ith the EFFA, wage increases are to be Implemented on January 1, 2010 based on the results of the annual salary survey t.o be conducted In 2009. In anticipation ol revenue shortfalls the City requested that the EFFA defer any wage Increases in 20 l 0. Summarized, the Memorandum of Understanding sta tes: • No adjus tments 10 2009 wages will be made on January I, 2010. • The wage increase (If any) indicated by th e 2009 salary survey wil l be applied on Ju ly 1, 20 IO if the sales tax revenues from January 1, 201 0 through lune 30, .201 0 meet or exceed those from the same period in 2008. • The City intends to maintain current fire department staffing. • No bonuses \\ill be considered /awarded to department directors or the City Manager unless the sales tax revenues meet the criteria 1n bullet two. above. FI NANCIAL IMPACT The total financial ,mpact of the memorandum of understanding will not be known unul the completion of the 2009 salary survey In November, 2009 . LIST OF ATTACHMENTS RPSolution • • • RESOLUTION NO SERIES OF 200'I A RESOLlJl'JON AUTHORIZING A MEMORANDUM OF UNDERSTANDING WHICH AMENDS THE COLLECTIVE BARGAINING AGREEMENT BETWEEN Tl-Ile ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE YEA.RS 2009. '.!010 AND 201 I. WHEREAS. the Cuy of Englewood and the Englewood Firefigh1crs Local No. 1736 emcrcd imo negotia1ions in May. 2008 in nccordance wuh the Englewood Ci1y Home Rule Chari er; and WHEREAS. the members oftbe Englewood Firefighters Local No. 1736 duly raufied. by a maJonty of the members. the Collcct1vc Bargauung Agrccmcnt for the years 2009 through 20 I I: and WHEREAS . EFF A and 1he City recognize the projected revenue shonfalls anticipo1ed by 1he Ci 1y for fiscal year 20 I 0: and WHEREAS. 1be City has rcques1ed that concessions be made b) 1be EFF A 10 connecuon with ponions of1he panics· Collec1ive Bargaining Agrccmcnt dunng 1he period ~f January I. 20 IO through December 3 I. 20 I 0: and WHEREAS. EFFA and the City now desire 10 amend their Agreement with respect 10 those concessions: and \\'HER.EAS. 1f the economic fat'lors of this Memorandum ofUndcrs1anding ha,·e been met. Council inlends 10 look a1 a simili• •~lary augmen1ation. for all employees of the C11). NOW, THEREFORE. BE IT RESOLVED BY TIIE CIH COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS. Section I. The City Council of the City of Englewood, Colorado hereby approves the Memorandu m of Undemanding amending the Collective Bargaining Agreement between the Englewood Firefighters Local No. 1736 and the City of Englewood for the Years 2009, 2010 and 201 l. auachcd hereto as Exhibit A. ~-The Mayor and the Cit)' Clerk are hereby authonzcd to sign and attest the Memorandum of Understanding amending the Collective Bargaining Agreement between the Englewood Firefighters Local No. t 736 and the City of Englewood, Colorado. for the years 2009. 2010 and 2011. ADOPTED AJl.1) APPROVED this 11• day 11f August. 100</ ATTEST· James K. Woodward. Mayor Loucrishia A. Ellis. Cily Clerk I. Loucnsh,a A. El11S. Cny Cieri. for lhc Cny of Englewood. Colomdo. hereby cen,fy the above ,s a true copy of Resolution No. __ . Series of 2009 . Loucrislu3 A. Ellis. City Cieri. • • • • • • MEMORAN DGM OF Ul\DERSTAND ING This MEMO RAN DUM OF UNDERSTANDING ("MOU") 1s made lllld emeretllll0 by the Englewood Firefighters Association, Local 1736 ("EFFA") and the Cln OF ENGLEWOOD ("the Ci~~•). WHEREAS , EFFA and the City entered into a Collective Bargaining Agre11ent effective January J, 2009 through December 3 D, 201 I ("the Agreement"), which was ratilll by the members ofEFFA and approved by a resolution adopted by the City; and WHEREAS , EFF A and the City rec.ognize the projected revenue shonfalls antidolled by the City for fiscal year 2010, and WHEREAS, the City has requested that concessions be made by the EFFA in conn::tion with portions of the parties' Collective Bargaining Agreement during the reriod of JanitY l, 20 IO through December 31, 20 JO; and WHEREAS, EFF A and the City now desire to amend their Agreement with respecllQ those concessions; NOW, THEREFORE, in consideration of the mutual benefiis and advantages berdl contained, and funher in consideration of the mutual promises and covenants hemnal\er rore specifically set forth, the parties hereto do STIPULATE AND AG REE as follows : I . Article 8, Section C of the Agreement is amended 10 read as follows : C The schedule rn "A" above will be not be adjusted on January J, 2110 10 reflect the 20 IO ''market median" as determined by the 2009 Salary Survey. Rather, the compensation paid to members of the bargainilg unit commencing January I, 2010 will be equal to that paid 10 membetl as of January !, 2009; however this provision shall have no effect m the previously established agreement regarding class increases for Firdigbter IV through Firefighter I. The City nonetheless agrees that on or before November I, 2009, t)e City will conduct a 2009 Salary Survey to determine the "market median" of the 2010 median wage of top grade Firefighters at Aurora, Boulder, Denver, Littleton, south Metro, West Metro and Westminster. The survey will be conducte.d in the 4lh qunner of 2009 by the tluman Resources Department, with the concurrence of the EFFA. The City and the EFFA will meet by November I, 2009 to approve the swvey and finalize the amount, if any, that the 2009 Salary Survey differ.; from that determined in 2008 for calendar year 2009 . A In July. 2010. the panics shall meet to dctenninc if the Ci ty"s year lo date • sales tax rew:nues (January I, 20 10 through June 30, 2010 meet or exceed sales tax reveiiues from the so.me period in 2008 . If the sales tax revenues do meet or exc. ~ sales taJ< revenues from the sam e period m 2008. the City agrees 10 award the wage increases (if any), as established in the above paragraph. These wage increases (if nny) will be effective July I, 20!0. 2. In recognition of the concessions made by all City employees 10 assist in meeting the projected revenue shortfalls for 20 I 0, no bonuses for department directors or the City Manager v.~11 be granted until the above mentioned revi ew of revenues on Jul y I, 2010. If revenues are sufficient I< ir,ant wage increases 10 the EFFA employees, wage increases will be considered for all other t ,; . employees. 3. The p:irties recognize the staffing on fire apparatus is critical 10 the safety of firefight ers and their abih~· 10 protect the citizens. In recognition of these facts , it is the City's intent to maintain the cur : ' .ninimum fire department staffing of 14 persons per shift. The City commits 10 use its be~\ e1. •rts to maintain this staffing level for the duration of this MOU. If the City intends 1, redui~ the minimum department staffing, the EFFA will be notified in advance and consulted. 4 . Ex,ept ~: amended b;-this MOU, the Agreement of the parties remains • unchanged and m hill force and effect and is affinned and ratified in each and every particular. 5. This MOU upon ratification by the memb,ership of the EFFA and the approval of an adopting resolution by the City shall be effective Jo.null!')' I , 2010 through December 31. 2010. Dated this ____ day of ______ , 2009. ENGLEWOOD FIREFIGHTERS ASSOC IATION, LOCAL 1736 2 CITY OF ENGLEWOOD B~---------larnes K. Woodward , Mayor A1T~T: Loucrishia A. Ellis, Clerk and Recorder, Cln' OF ENGLEWOOD • • • • COUtKIL COMMUNICATION Date : Augusl 1 7, 2009 f-------Initiated By: I Agenda Item : 11 cii L/E INWTP Supervisor) Committee I Subject: Operalions 1 Q-V· :d Dump Truck Purchase Staff Source : Stewart H. Fonda. Ulililies Director Jim Tallent, Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital replacement of one, ten-ya rd dump truck in 1he 2009 budget. RECOMMENDED ACTION The action recommended is to approve, by motion, the purchase of one new len-ya rd dump tr uck, wilh stainless sleel dump body, from Tran swest Trucks, Inc . in the amounl of $99,746. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED Ten ya rd dump tr ucks are used to 1ransport grit and debris, removed from the L/E W111rrP waslewa ler influenl flow, lo a landfill fo r di,posal. This purchase is re commen ded lo ,.-place one 1 O ya rd dump lruck according to the current rep lacemen t schedule . Quo tes were oblained us ing a City of Rifle , CO vehicle bid through Transwes1 Trucks, Commerce City. CO . A steel dump body is availab le for under lhe budgeled amoun t. however a (304) slainless sleel dump b Jy oplion is als o available and recommended for purchase. The City of Englewood has changed its genera l dump tru ck specification lo include a slainless sleel dump body for two main reasons: 1. Modern engine techno logy allows for longer vehicle service Ille . Since mosl of the vehicle wear Is ty;,ically in lhe dump bod1•, slainless slee l is less corrodible 1han sleel. allowing for longer vehicle life . Vehicle replacement schedule is now sel al I 2 years (from 7 yea rs ) using stainless sleel dump bodies. 2. Financially , th is results in saving the purchase of one vehicle over the course of the current replacement schedu le (2 units are rep laced in th e span where 3 are normally purchased). FINANCIAL IMPACT The cos t of th is expe nditure will be sha red 50/50 by the Cities of Englewood and Littleton, The recommended vehicle is $9,746 above th e budgeted amount of $90,000; howeve r, there is I suif,c1en1 capital funding on the Operations budge! to cover 1he excess cost Piggybacking on 1he • Rifle, Colorado award contrac~ the to1al purchase price of S99,746 is a better price lhan what we would be able 10 gel 1h,ough our own indi\idual bidding process. UST OF ATTACHMENTS Recommendation for Purchase Capilal Olltiay Request Bid Quo1e • • • M£M0RA."DIJM TO: Dennis Stowe, Plant Manager FROM: Jim Tallen1 Operations Division Manager DATE : July 16, 2009 SU BJECT: Recommendation for Purchase of one I 0-Y ard Dutip Truck Ten yard dump rrucks are used to transport grit and debris, removed from the l/E WWTP wastewater influent flow, to landfi ll for disposal. This purchase is recommended to replace one IO yard dump truck according to the current replacement schedule. A.Quotes w~ obtain~ usin,g a City of Rifle, CO vehicle bid through Transwest Truck~, Commerce City, CO. W' steel dump body ts available for under the budgeted amount, however a (304) sta,nleSs steel dump body option is also available. The City of Englewood has changed its general dump truck ,;,ecificarion to include a stainless steel dump body for two main reasons : 3. Modem engine technc,logy allows for longer vehicle service life. Since most of the vehicle wear is typically in the dump body, stainless steel is less conodible lhan steel, allowing for longer vehicle life. Vehicle replacement schedule is now set at / Z years (from 7 years) using stainless steel dump bodies. 4. Financially, this results in saving the purchase of one vehicle over the cowsc of the current replacement schedule (2 units are replaced in the span where 3 are norrntllly purchased) Llased on th:. bid and technical review, I recommend purchase of one ten yard dump trUck. with stainless st~t 1!llnp bod)•. from Transwcst Trucks, Inc. in the amount ofS99.746 .00. Please char~e this purchase to account number 90-1704-61401 for the 1/E WWTP. JET:cg Cc Pat \Vhile, Fleet Administrator • Aliciu Stutz, Purchasing Administrator OPERA TING CAPITAL OUTLAY REQUEST Ocpanmcnt; L"EW\\TP I Fund'Division: 90-1704-6 I 40 I • Description of equipment or ot>jcc1 expcndirorc: IO yard dump truck (Must bt mort thin SSOO aod ltss than SS,000) &planauon o( necessity or benefits of this expenditure: Dump truck is used 10 haul grit and rags 10 landfill disposal -scheduled rcpla~cmcnt of unit #84 76 Total costs of placing equipment in full oocration: Estimated Costs Uni1Cos1 T01alCost Purchase Price 90.000 90.000 Installation Total 90.000 90.000 Less Trade-In Total Net Cost Annual Oneratlng Cost Total First Year Cost •. 000 90,000 Is this expenditure necessary because of increased personnel? No Rocommendalion for equipment displaced: Auction Approximate date of purchase: Summcr2009 • List and describe similar equipment in dep!lltment : 2 similar units are cwrently tn operation Purchuing ,\gent"s Comments: City Manager's Review: Approved: __ Not Approved: __ • Jim Tallent "a: White Tnu~1. Apnl 1~. 2009 • ;3', Pt.I JIM Tallln: SubJe•t: FW : ChHII!> and Dump 3o:i•ti :}uotff Albchmenl!>: City of :ngltwooc 13 fl Dump :i:>::A.frtd 6~ Qu:M.n: Gcdw111 S:>ec.:r. KOS O,o:e for ".n;le.'1000.pdl Jim, Ata:hed are lhe quoits for me 1en y.vd durr.: lrJ:k. Kev,n •5 ~1t.,~ J le1tt1 so we can get lM stt-gear oro;riMmed n10 1he other INCk . F,om: koMn Wright (111111lm:lcwrighttoansweru:om] Sent Thursda~·, A;Yil 16, 2009 1:28 Pt-! TorP.:Wha SIi ',jct: FW: Olnss ind Dump 8odieJ ~s Ok hffl we go I . 13ft Quote willl Cott Body is ~.!>e3.00 2. 13ft with AIIN!d S11111tss Sael G5, 11 B.OD 3. 1311 Kois ~lnless SINf Qll,740.00 ~ GPfl?YOslmz• GPfllPrgdO J mn 4ere IS me link 10 Co.: webSILe They R.; ICClll ~ out of Slll111g Colo~do. Allrtd So:ly quor. plus !hf. GoawW\ Spt: sllff1 ,s for the seocnd oplion /11',d ~ P• I Nkt no ua.ises ii was ""I fault if>t lmng l\'5 go en so lllng. If you na.... any question pit-lffl -to~-- KNnWr,ii1 GownvntnlFIHIS-. T tanANst T Nels C~l720.~~a Dirtct 303-301-7418 :.m,il kwriphl(tlranswut.con1 • 7116 '2009