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Home My WebLink About2009-12-07 (Regular) Meeting Agenda Packet1, Call lo Order. 2. Invocation. 3. Pledge ol Alleglance. 4. Ro ll c,,11. Age nd a for th e Regular Meeting of the Englewo od City Council Monda y, December 7, 2009 7:30 pm Englewood a, ic Cen1er -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 S. Consideration ol Minutes ol Previous Session. a. Minutes from the Regular Gty Council Meeting ol November 16, 2009. 6. Recognition of Scheduled Public Comrrent , IPlease limit your presentalion 10 len minules.) a. Recognition of the 2010 Englewood Calendar Artists. • Olivia Castro, a I" Grader al All Souls School. • Bailey Davis, a S" Grader al Clayton Elementary School. • lazlyn Rodriguez. a 3'" Grader al Cherrelyn Elementary School. • Gage Bland, a 10" Grader al Colorado's Anesi Ahemative High School • Geneva Schaler, a 3"' Grader al Cherrelyn Elementary School. • Emma Bray, a s• Grader at St. Anne's Episcopal School. • Evan Dallon, a 3"' Grade r al Charles Hay Elementary School. • Preston Scott, a 2"" Grader at Clayton Elr mentary School. • Brittney Venable, a 2"' Grader at Clayton Elemen ta ry School. • Tyann Scott. a 4" Grader at Clayton Elementary School. • Brenna Sauer, a ;• Grader at All Souls School • Meghan Branstetter, a 11• Grader al Colorado's Fines! Ahernarive High ~. • Jacob Lechner, a 7" Grader al All Souls School. • f ran k Woronoff, a 7" Grader at All Souls School • Sh ayla Frederick. a 7" Grader al All Souls School. • Hannah Landwehr, a I" Grader al All Souls Schc.ol. Pie..., nooo If I® M e • dlsabiiiy .u1d nttd ,U\lla,y aim or "'"ic"' pi,•w -~ !he 01) ol Ens)e,,ood JOV 62•2405l •1 lo..i •8 hours in •d\"'1<t al ,-htn ..,,.,cos.,. need,d E.ngl•"ood CII\ Cwd AgeNU O.Cembe, • 2009 Pt11e ~ b. Consul1an1 Erin Marcove will be present to speak regarding Cannabis Medical Therdpeu tics. c. Englewood resident Jackie Edwards wilt be present 10 speak regarding Medical Marijuana. 7. Recogni1lon of Llnscl·• ·'•,led Public Comment. (Please limit your presenlation lo five mlnu1es. Tim, re, unsc . .1dul ed public commen t may be limited 10 45 minutes, and if llmi1ed, shall be con1inued to Ccnera l Discussion.) 8. Commun ic.itions, Proda,,· •'.ions, and Appointm~nts. 9. Consenl Agenda II, ns. a. Approval of Ordinances on First Reading. Council BIii No. 51 -Recommenda1l on from the Ullli tles Depa rtmenl to adopt a bill 1·,r an ordinance approving 1he City Ditch License Agreement and Construction Easemen t from South Suburban Parks & Recreation for two water line$ crossing the City Dilch at Windermere and Belleview. STAFF SOURCE: Bill McConnick, Utilities Department Operations SuperintendenL ii. Council Bill No. 54 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Standard Connector's Agreement wi th Cheny HIiis Heights Water and Sanitation District. STAFF SOURC E: Bill McConnick, Utilities Department Operations Superintendent. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. 10. Public Hearing Items (No Public Hearing Schedu led). 1 I. Ordinances, Reso lulions and Motions a. Awoval of Ordinances on First Reading. Council Bill No. 53 -Recommendation from the Community Development Dep.1rtment lo adopt a bill for ~n ordinance amending TI1le 16 of the Englewood Municipal Code (Unified Developmenl Code) pertaining to Medical Marijuana Pr!mary Ca re-Givr rs. STAFF SOURCE: Alan White, Community Development Director. Pie.,.. noff If yo,, h.l,e • disabilil\ and nttd ilU\lli•,y Md< 0< ,."ices. p1.-.,. ,.,al) 1h, O r, of Engi<v.ood •30:J.~62-2.0051 II lo,s1 ~8 hours in •d,.onc, of ,-h,n ...... 1c .. .,. .-, (ngle,,ood 01> Coooc~ Agon.t. December -:?OO'l Page 3 b. Appro, al of Ordinances on Second Reading. c. Resolutions and Motions. I. Recommendation from the Public Works Depar1ment to apprO\ e a resolution canceling the concrete util•:y fee Increase for 20i0. STAFF SOURCE : Dave Henderson, Engine erin·JCapital Pro jects Admin istrator. II. Recommendation from the Public Works Department to appro, e, by motion, a contract for repairs of a ~,maged retain ing wa ll at Pirates Cove. Staff recommends awarding the bid to the lowest responsible bidder, Slaton Bros. Inc., in the amount or S81 ,522.S0. STAFF SOUR CE: Dave Henderson, Engineering/Capital Projects Administrator. iri. Recommendation from the Anance and Adminimative Services to approve a resolution authorizing a supplemental appropriation In the amount of $150,000 for repairs of a damaged retaining wall at Pira tes Cove. STAFF SOURCE: Frank Cryglewlcz, Director of Finance a nd Administrative Services. Iv. Recommen dation from the Parks and Recreation Departmen t to approvP., by motion, a contract for the lnsta:lation of lights at Bren t Mayne Field. Staff recommends awarding the bid to the lowest qualified bidder, Duro Elect • ,n the amount of 529 1,065. STAFF SO URCE: Jerttll Black, Diredor of Parks and Recrntion. 12. General Discussion. a. Mayor's Choice. b. Council Me:nbers' Choice. I. Motion to approve January 25, 2010 Council Workshop Facilitation by Kathleen Novak. 13. City Manager's Report 14. City Attorney's Report. 15. Adjournment ,....., nolO If 1ou hl\e • disability Mid nttd ,u\111.,y •ids 0< ,en,ces, p1e,,. nob~ d,e Col), or lnlP'""ood 1303-762-24051 ,i i.,si 49 hours., ,ct.,nce o/ ,-hon ,.,-l(es .,, nttded [ngle"ood 0~ Councll '-g•nd.l Dectmbet • 2009 P•g• 4 The folio\\ ,ng minutes "ere 1ransm111ed to C1fy Council :n r-.o~ember, 2009. • . Alliance for.Commerce In Englewood Comm itt ~e meeting of Oc tober 8, 2009. • Englewood Housing Authority meeting of October 7, 2009. • Keep Englewood Beautiful Commission meeting of October 13, 2009, • Liquor Licensing Au tho rlty telephone polls of October 7 and October 21 , 2009, and meeting of Novembe, 4, 2009, • NonEmergency Employ ees Re1;remen t Board meeting of August 11, 2009. • Planning and Zoning Commission meetings of October 20 and November 3, 2009. Pie.,.. notec If )OU"'••• dl,ablhl)' ..nd nttd •u"1i"Y .,ds o, • Viet> pi(,•1t 11011r-, the CII'/ ol ,ngle,,ood OOJ•i62-240S, ~1 lt.»1 ... e houn In ,d\anct ol '-\t,ffl seNtees ~ ne~!M:I • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE cou.m. COLORADO Regular Senion November 16, 2009 Call to Order The regular meehng of lhe Englewood Crty Council was called to order by Mayor Woodward al 7 32 p m 2 Invocation The Invocauon was given by Council Member McCasltn 3 Pledge ol Alleglance The Pledge Clf Allegiance was led by Council Member McCaslln. 4. Roll Call Present: Absent· A qu0<um was presenl Also present Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, WIison, Woodward None Cny Manager Sears City Attorney Brotzman OeptJty City :.1anage1 Flaherty City Clerk Ellis OeptJty City Clerk Bush Judge Atencio, Muntapal Court Court Administrator Wolle Executive Assistant to City Manage1 and Crty Council Cartton-Smrth Olrector White, Community Development Ottector Gryglewicz, Finance and AdmintSlrative SeMces Ouector Eaton, Human Resources Director Konishi, Information Setvices Ottector Long, Library Director Black, Parks and RP.aeabon Manage1 of Open Space L&e, Parks and Recreation Recreation Services Manager-Go~ Spada Recreabon Services Manager-OpNations Hultbe rg Director Kahm , Pubhc Works Olreclor Fonda, Utllities Police Chief Vandermee Oepul y Police Chief Collins Fire Chief Pallarozzl Deputy Fire Ch ief Stoval· Execullve Assls(ant Norconk, Fire Fire Marshall Greene Balla llon Chlel Fox, Fire Fire Captain Weigel EMS/E MC Green , Fire Police Commander Sanchez Sergeant Contos, Code Enlorcemenl Englewood City Council Novem ber 16, 2009 Page 2 Pol,ce Commander Walson Communily Relations Special1sI Geier. Police V1c11m W,lne ss Coordinator Wan,g , Police Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 2, 2009. Mayor Woodward asked ,f there were any modlficat,ons or correciloos There were none Vote results: Motion earned Ayes Councd Members PeM, McCaslin. Moore, Woodward, Jeffe1soo, W.:: :~ Oakley Nays None (b) C1ly Council Recognition and Swearing In (i) Commenl s and reco3I ~f families and/or guesls by the departing members of City Council • Mayor Woodward said tonight Is a spec,al nlghl that we do every two years, which ,s the swearing In and reeogmbon of Council Members leaving and Council Members coming in Tonight we have lWo members • lhal are leaving· John Moore, Mayor Pro Tem and Olslrict4 Council M~mbPr Wayne Oakley Wayne, d you W0111d like to have any comments and reeogntZe family or guests here tonight Counca Member Oakley said I coold say I'd otter to the senior, not meaning agP but longer on Counci, then John could go, but I wiD go ,r you want me to John said go ahead Wayne i.ssl have a few words l would like lo thank the electorate of the City for g,v,ng me the opportunity to se,ve on Council. It's both been a challen 1e and a rewarding expenence To all the City employees and the Council Members that I have worked with down through the years, I can say that I truly value your friendship Above and beyond that, It is time f,,1 me to move on lo a real retirement. And that's it The re was applause . Council Member Moore said lhanks Mayor. Fortuna tely for everyone I was able to craft my farewell for the Citizen, so I won't be loo long-winded lonlghl, although Wayne Just set a really high bar for mo to try t~ squeeze under. It has been a wonderful eight years. I truly have valued this experience Gary and Dan and the staff, It has been wonderful working with you these eight years and getting to know the City at a whole different level and In a whole different way And Council , likewise it has been a pleasure When I was doing the CittZen article, I stepped back and counted and real12ed that I have served with 15 different Council Membe<s and have learned from each and every one of them II was a real pleasure to linlsh With the suc of you. I think that the last two years we did good work together Wayne, I want to personany thank you for, I believe, ,t ,s 48 years of service to the C,ty and d I have got the math nghl, I've really valued the mindset dthgence that you broughl to the table that made our Council d1SCuSS1onS always I c her and more thorough. Linda and Rk:11, welcome. You have a )OUmey in front of you lhal I hope y011 enjoy and make the best of And then finally, in the Crt12en, I didn't ment,on the thanks to my family I would ~ke to nole that Kells and Jodi, my ln-!laws, are here toni~ht Kells, thank you for encouraging me to run and consider this many years ago. I was amazed, as I've served here, how long your legacy has continued to linger around this City Hall and th, •ole you sel even lhough you were gone from lhls poslMn long before I got here. And I know Wayne and I both lru ly valued lhe short time lhat we • were aclually able to serve wllh you. evo.n though II was under sad circumstance~ wh en Mayor Wolosyn passed away Finally, to my wife .. I thought I was going to make this lhank you for the support. You have pul up with e,ghl years ol lh1s and whal people don 'I real12e 1s fo, any reslraml I've shown In the Counc1I Chambers on Monday night, she had allowed me to decompress when I would gel home al 10 or 11 o clock at n•aht so, the true batllP wounds remain hld1en Anyway, 11 has been wonderful and I v.tue • • • Englewood City Council November 16, 2009 Page 3 this I, too. am looking forward so,,ieone, I men11oned this a couple sess,ons ago, someone said my retirement Wayne white I hope you e~ioy your retorement, probab ly not near true retireme,,t yet But I truly look forwa rd to the ne,t step and I t~~nk everyone for the e,perience · There was applause Mayor Woodward said I would hke to say Just a few words about both of you Wayne serving with you for the last four years and getting to know you and gelt,ng lo learn some of the th,ngs lhat I don·: feel I would ever have had the opportunity because of lhe knowledge you brought I would be surprised and I doubt whether I wlll have th at opportunity sitting on Counc,t to ever have another Councd Member that knows the City, spec,fically underneath the C,ty, and has the exper,ence that you have ,n the City ol Englewood and the adVICe that you can bnng and have brought, as a Council Membe< an<' former emp'oyee of the Crty fo, I thank you for that and wlll truly m,ss haWlg you ;,ere and your mpw As I told you earlier tonigtt expect calls and I wrn fmd you and you do have a cell phone There was laughter Mayor Woodward said and John, rt has been an abSOlute pheasure to serve with you tor these 1)3$1 five years Al Int. at times, I thought, well what d. you know, John 1s awfully qu,el he doesn't have much to say and then all of a sudden. I think I harl said this before, here comes this profound statement or something tiler~ that ts Jusl really enlightening The analytical part cl your mind and what you have brought and helped us all, as a Council and as a City, certainly is going to be missed on this weekly basis Personally, I really apprec1a1e your thought process, your analytica l skdls and I think I mentioned that you will probably be ca lled too on some other matters So you know ... eight years Is a long ti me 10 serve and thank you very much Councd Member Jeffe rson said I would like to ,nter)ecl a couple of words . You know, 1t has really been an honor lo serve with both of you To Wayne. thank you for your many ye ars of service here, bolh as an employee and then sen11ng on this Council You r reasonableness and your calm demeanor and yoor willingness to hsten have all been much appreciated and will be m,ssed in the next Council I wish you wen and hopefully you won't be too far away and shl contribute to the commumty To John, 11 has also been an honor to serve with you I know we butted heads a couple of bmes. but your efficiency arid abthty to get al the heart of any real problem has a1$0 been valued And I hope you won't be too far away either So. thank you to yoo both Council Member W1lsor, said wen, I don't have loo much more 10 say. but I w,H m,ss you both and Wayne. y011 have t.tught me so much and your comrr,?n sense approach, and no nonsense approach, and yet your passion :or when you really beheve In something I find that remarkable and I've learned a great deal And also. you being such an asset on Council being a staff member. And John. I appreciate all you've done lo help with the numbers, lo help us to see things in a clear way. It has been a great asset It has been a huge lea,, ng process and to wa tch . try to watch your mi nd think , I so appreciate. you know, having thal time. so than k you. Council Member McCashn said I wrll start with Wayne Thank you tor the commrtment to the City os an employee, as a resident and as a Councd person I wish I had gotten to know you sooner than I did bu~ y~u know, because your sense of humor ,s qulle the thing when people get to know you I attended, I thin~ rt was your anmversa,y or your birthday Cou;ia Member Oakley said an01versary Mr McCasl., :,.,~ '>h my God. everyone was suppof1ive, the family. the people, and nobody had one bad thmg to say about you And I kept trying to ask people, d there was somelhmg wrong There was laughter I realty app,ec,ate tt, you know. you have been a pleasure to WOik with I am go,ng to m,ss you And Rock, cor.crotulat'Olls, but you've got some b,g shoes lo f1I because that man has stepped up and filled 1t and I apprec,ate 11 I really do and thank you so much from the bottom of my heart Now John, When I was first running for Councd, I was sitting back and I would take no tes, you know, hke when you run for Council, you try to educate yourself And everybody would allack and John would JUSI s,t there stoic and I am go,ng , of my God, whal 1s wrong w,th this guy, he doesn't say anything Once I 901 to know John anrl follow hi s career, he is one of these qu,el , powerful forces that wh en he spoke, you wou ld just slop and listen you would go, oh my God, this guy does have something lo say He helped to keep us focused and he Is very analytical I mean, I've got to adm11e him so much, his fam ily, hos wife Kathy I'll 1e11 you what 'i'ou know they go to Neighborhood Nights Oul and she would be there at the party before John would ''d go where 's John, and she said hes coming But, you know, he really believes, you know you are a very big pan of this Cooncil because of what you have done I w,sh you could run another term but Englowood City .:ouncil November 16. 2009 Pag, • rm going to miss you and you know olren tomes I wear my neart on my sleeve and John was .me of !hose guys who would kick me under the table and say Bob, Bob, not now don't say nothing I apprec,ato everything !hat y'JU·ve den~ lo keep me straight Thar;k you so much I mean that from the bollom of my heart and I'm going to cry Mr Moore said are you alright? Mr Mccaslin said yeah, I'm alright I had to say goodbye to my two mon th o ld grandson ,n Manhatta n and I go t up lha t morn ing and I was crying And my son said, Dad what are you crying about? t said well I have to say goodbye to two Councilmen on Monday and I don't wanl to be a bI9 baby In fronl of you l here was laughter So I Iurned 11 on you two guys But I feel apprec,atIve and 11 Is going to tear me apart to see you go, but thanks for serving lhe community Counci l Member PeM said l'U finish mine off because I did say mine last llme I guess I was out of order last ume I told h,m goodbye last tme John. we will llUly miss you and please stay .l'OUnd and I wll lalk to you about rebl'ement There was laughtef Wayne, l'P see you at Home Depot manv times and we will have some mo,e chats over at Home Depot And thank you so much, both of you, for everything you have done for the City of Englewood (i1) A token of apprec1al1on was ghlen to the departing City Counc,I Members Mayor Woodward said as a token of appreciation, we have some items we want to give to our departing members. He read the plaque given 10 Council Membe r Oakley. 'To Wayne Oakley in appreciation for his ded ication and leadership to lhe community as a City Council Member, Novenit ', 2005 to November 16, 2009. the Englewood City Council· Cong ratulaHo ns. • Council Member Oakley said thanks Jim Mayor WOOdwar~ .;; •d thank you There was applause He was also presented with a bouquet of flowers Mayor WoooN'I ~ said I don't know how much you • appreciate flowers and d you don't there's I know that the,~·• tomebody that's deserving Counc,t Member Oakley said my wife wiU apprecia•e these Than, l • Mayor Woodward read lhe plaque given to Cour'ICII Member Moore 'To John Moore. In ~,•nreaabon fo, his leadership and dedocahon to the community as Coty Councd Member, November 6, 200 I to November 19, 2007, Mayor Pro Tem November 19, 2007 lo November 16, 2009, the Engle.vood City Council· Congratulations There was applause He was also presented with a bouquet of !lowers Counc,I Member Moore said than k you (11i) Mayor Woodward asked the City Clerk to announce the status of the November 3, 2009 election City Clerk EIits said based c,n the off1c1al election results, the newly elected Council Members are District 2 -Council Member Linda Olson, DIstnct 4 -Council Member Rick G1lhi and At-Large -Council Member Jim Woodwa!d membership (iv) City Council made a dete<m1nat10n of the elect1011 and quahf1ea11ons of its COUNCI L MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO ACCEPT THE ELECTION RESULTS OF THE NOVEMBER 3, 2009 ELECTION PRESENTED BY THE CITY CLE RK . Motion earned Ayes Council Members Penn. McCashn, Moore. Oakley. WIison , Jefferson , Woodward Nays None (v) The new C1iy Council MembPr. we,e swnrn ,n by the Honorablo Judge V1ncen: Atencio There was applause (vI) Brief Reception • • • • Englewood City Councll November 16, 2009 Page 5 Mayor Woodward said now we are going to lake a brief ,nIer1mss1011 in the Community Room , next door tor a recepllUn for the re-elected and the new Councll Members We w,11 g,ve everybody lhe opporturuly to say goodbye lo our leaVlng members and greel our new members Counol recessed al 7 52 p m for a bnef receI ,bon The meeting reconv~ned al 8 22 pm wilh all Council Members present (vii) The new members of City Council we re sealed In temporary spaces and Ma yor Woodward , asked the City Cle1k lo call the roll of the members of the City Council Roll Call Present Council Members Jefferson, Olson. Penn. G11!Jl McCasl111. Wilson, Woodward Absent None A quorum was present (viii) Mayor Woodward called for nominations for the office of Mayor. COUNCIL MEMBER Mc CASLIN MOVEO, ANO COUNCIL MEMBER WILSON SECONDED, TO NOMINATE JIM WOODWARD FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Mayor Woodward asked ~ there was any discusslon •·· '1ere any other nomlnations? Council Member G1lht said fUSI for point of order, are we going lo discus5 llus al au or are we going to discuss our vote? Mayor Woodward said we are going to nghl now, are there any olher nomlnallons and we will discuss this. Mr Gilllt said okay, great, thank you Councd Member Jefferser. r.a;d I think, you know, part ol lhe Issue Is probably just the process of the, you know ... probably should have had some of this discussion ,n the Study Session there. Bui I know that there is some general concern about the process of the electlon in the Study Session and the process being different In Ille Study Session than in the formal session. So maybe I can open ii up for some comments on lhal I know 11 has been a point of, •,ou know, histoocal context that. you know. we come down and provide a sort of united front on that A 1y comments from anyone? I am just p,eempbVely sort ol bringing lhIs up, because I know that we hav~ some folks In our community who believe that it should be a litlle b1I more ol a :ranspa rent process, Mayor Woodward asked II there w£re any more comments Councll Member GUIit said I would hke to add my comment ,he spinl or transparency. I would hke to vote here like I voted ups1a11s Nol because of any Issues but because of honesty and transparency • want to make sure that how I took a stand on one Situation IS how I take a slllnd III public as well So C011ncil Member Jelfotson said you know, I wi! say the meeting upsta~s Is clearly open to the pubfc. correct? Mayor Woodward said correct Council Member WIison said they were In there and It was taped . Council Member Je ffe rson said and 1I wcs taped , that is a great point Council Member Mccaslin said and t don't think anybody would say anything different at Study Sessmn than they woul,< here I have no obviously, what I said In Study Sess10n so. you know, discussion can be open Counc,J Member Jefferson said I'm JUSI sal'lng you know what we are d1scuss,ng here Is a potenbal sort or a pohcy change on the wa y this Is done Is this Charte<? Englewood City Council November 16, 2009 Page 6 Coty Ano,ney Broizman saod dorec1ty Ih1s ,s actually lhe Charter calls for you 10 go onlo Execu.tove Session Clearl1• that Is nol allowed under Sta te law For many years , that was the way ti was back then Councll Member Jefferson sard so then we really have a Charter issue there then c,Iy Attorney Brownan sa,d nghl, so wt1h that we now make that Session open lo the publ!C because ,t doesn I ran onto one or Ihe exoeptoons ror not having a public meeting Council Member Jefferson sard do you know how long II has been happen ng that way? Does anybody have any Idea, though I asked Jim a ltllle earlier, and we were saying al least the last decade, that that has been Council Member Olson saod Joe, can I ask you whal particularly you r,nd doflrcull about the way 11 went this e·, ,,ing? Council Member Jefferson said you know, personaUy, t have gone through the process before and you know, I rus~ I've got a group of conshluenls and other people who have come to me suggestong that lhe proces~ ,s not as transparent as II could be And that they have the right lo know how their elected officials , you know, who they support and who don't suppol1 and th:ngs or that nature and you knaN, the purpose or me bnngong !hos up osn't lo, osn't really 10 divide anybody or. you know, ot Is truly just lo brong these concerns forward. I think we do have a legitimate Charter Issue lhal, you knaw, has some confllcls with Slate law You know, I guess what I am saying Is I ~ke the rdea, you know, presenting the united front and I'm an on board wnh that, ,t just seems that, you know, hey. we are all big boys and gorts here and, you know, we should handle II on a transparent manner • Councol Member Olson said how would having the conversal oon here make ti more transparent for you • than having It upstairs where the public Is alSo Invited? Council Member Jefferson said becau~e. you know, I see a changing process on the tome, you know, on the last decade or so. from my unders,~ndong, you know, I th,nk Dan JUSI told us that 11 used lo be done ,n an Executove Session . which i s not open to the public. And I have been told, and this os totally hearsay, you know, I don't have personal first hand expenence or•~ but Ive been told that l\\oo years ago, which ,s the rlfSt tome I had ever gone through the process, for lhe first IIme the public was really present. So, before, you know, we did sort ol have this closed meeting where. you know, we made these decisions for the public and bke you sard. that Is against Stale law so apparently what we tned to do ,shave 11 open, but ij Just doesn't seem as open as rt could be , being lhal 111s upstairs when every other Study Sessoon we do Is downstairs Council Member Gdlrt saod and for me. I'd prefer lhal my conslotuenls lo know exactly ,,ow I voled upstairs and not say some thin g dofferenl down here Thal is lhe exact lhing that they asked me not lo do say one thing one lime and do something another So. I WIit have to vote as I voted upstairs, do"" here out of respect for this law Mayor WOOdWard saod I th,nk with thal you may want to make a nomonallon. so COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBE<I WOODVJARO SECONDED, TO NOMINATE JOE JEFFERSON FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Council Member Jefferson said of we do vole, how will this work? We have a yes and a no button on front of us Is everybody else, ,s rt okay, what do you guys think? I apologrze. honestly, I think we probably should have had lh•s d1scuss10n upstairs Unfortunately, tho way the process went, you know, I apologize lo, not bringing 11 up there honesUy Bui. I don't know, ol JUSI seems toke a longe,ong ossue Whal do you guys !honk? Counc,I Member McCasbn saod I feel kond of blindsided You know koowmg that there ,s a process an:I • you know we were reany open and transparent wolh the people who wt, e up !here Everybody heard what we lhoughl and how we fell They saw us vole There were n~ hidden agendas II wasn I an ExecuI1ve Sess,on II wasn't a st>Cret so I mean I consider sI11Ing up there aga,n. I h Jve no problem w,lh rt Mr Jefferson sa,o I am noI suggesMg Mr McCashn saod lhe problem 15 the , 1y lhat you brough t 11 • • • Englewood City Council November 16. 2009 Page 7 up so now you disagree I Vhy tJid n't you disagree up there ? Why didn 't you bnng II up , up there ? Cou ncil Member Jetterson ;aid I probab ly should have brough t 11 up , up the re Mr McCasl1n sa id exaclly Mr Je fferso n sa id some pe , ,pie th ink it Is a hug e substa nti ve is sue , I th ink It Is Jus t a procedu Ial issu e Mr McC11 sl m sa id that Is wh y I have an issue with it, thank you Council Member Pen e ,aid cou ld we Just proc eed and have the vote fo r Jim and then have a vole for Joe' Proceed r!ghl aNer that and that way you get your voles In there Mayor Woodwa rd said ,es and I th ink that is something that we can add res s al a Study Sess ion as a procedural type th ing . How we want to move forward in the future on that. So unless there are any other nom inations or any other different type of discussion regarding th is , we can start with Co uncil Member Olson sa id you are asking for discuss ion about the candidates now? Nol ~ discussion about whether we should change poli cy ? Ma yor Woodward said not changing po li cy, because that is a Study Sess ion question and then com ing back In here and chang ing , bringing that If it Is a Charter change , I think II goes to the vo ters . City Attorney Brotzman sa id co rrect. Mr Woodward sa id it is a big change . Council Member Jellers on said so how do we change the process withou t the vote of the people then Obviously, we havA gone from EKecullve Sess ion lo a Study Session . City Attorney Brotzman said the difference was ... historically what happened is there was a recog ni tion that ii wasn 't legal lo be m Executive Session anymore And aga in, we moved lo discuss that matter . Whal happened Is the discussion changed to a strong leader form of government rather than Counc il electing the Mayor and that never proceeded . The discussion of changing the Executive Session neve r actually came forward to become a ballot question II got lost in the process Mayor Woodward sa id if I understand correclly , when the statute changed where it was not okay to go Into an Execullve Sess ion , that statute automatically changed and prevailed ove r our Charter City Attorney Brotzman said correct. And Cou~c il 1ndIcated that th , • want to follow State law and make It a p~bhc sess ion Mayor Woodward said so that Is how that happened Counc il Member Gllht said I don 't think there is a problem with us saying down here what we said up there I agree with Mr Mccaslin We shou ld all just say and vole how we voted up there . Mayor Woodward sa id that Is fine . Counc il Member Jefferson sa id but I just sense some . you know , unw illingness to do that. An ,1. 1 mean , Bob I. you know Council Member McCas hn said no . lik e I said , I just rese nt the fact that , brought up , up there and now ii is In front everybody which Is fine , right ? Like I said , I wi ll · ·, up there and vote th e wL, I voted , but the way 11 is coming , it should be bro ught up there a11d ~-., do you guys thmk ? Counc il Member Jellerson sa id agreed , I told you guys , I am tryin g to ask you , I'm giving you th e opportun ity now m trying to have that d1sc uss1on Coun cil Member McCasl1n sa id I know and that Is what I'm telling you . ;·m lellmg you I'm upset. but I'm willing to take a vote or te ll you how I voted Mayor Woodw ard sa id okay , Is there more d1scuss1o n? Do you want to discuss the candida tes ? r here were no com ments . Ma yor Woodwa rd said Joe , do wa nt to sa y anyth ing abou l your runnin g' Counci l Membe r Jeffers on la ughed and lhe n sa id no. I don't thmk so Yo u know. again you know my purp ose of bri nging th is up an d talk ing abo ul the proce ss Is no t lo , yo u kno w, au empl to curry more votes Englewood City Council November 16. 2009 Page 8 or auempt to. you know, get some son of addrt,onal rnteresl from the public, ii rs Just srmply to address th,s procedural rssue that's all Again, If folks don't, you know, feel that rs lhe way It should go, you know, I wou ld be happy to have a general drscussron about II and see what Council believes Is true • · Council Member Wrlson said and I don't think right now is lhe I,me to have that discussion I think II should be In a Study Session Council Member McCaslrn said he has already apologized that he didn't b<ing it up then Mayor Woodward said we have already gone past that poinL We have gone past the po,nt that you are talk,ng abou~ Joe. Council Membef Jefferson said and we have an agreed to change the process apparently. correct? MayorWoodWard said nght now we are sayrng, okay, rf you want to vote the way you drd upstarrs and drscuss or say something, now is the time to do lhal ti you would like me to start. or Bob to stan about my nomination, that is fine Council Member Wilson said or should we Just go ahead with the vote? Other Council Members said go ahead and ca ll for the vote. Mayor Woodward said call for the vote Okay A vote for Jim Woodward ... please vole yes If you are In support and no if you are nol Vole results: Mollon earned Ayes· Nays. Council Members Penn, McCaslrn, Wilson, Woodward , Jefferson, Olson Council Member Gillll Mayor Woodward said and now the vote for Joe Jefferson Yes rs in favor of Mayor and no rs not favor of Mayor Vote results: Ayes: Council Members Jefferson, Glllit Nays: Council Members Penn , Mccaslin, WIison, Woodward, Olson Motion defeated. Council Member Jefferson satd thank you and again I apologize. I hope that we can have a more productive discussion about this in a Study Session Mayor Woodward said we will put It on. Mr Jefferson said I'm not trying to. you know, Mayor Woodward said let's put 11 on the Study Sessron "st and discuss n because we w,11 probably have to brrng rt forward to the voters to dO that Council Member Jefferson said thank you (ix) Mayor Woodward assumed lhe Cha~ Mayor Woodward called for nominations for n,e office of Mayor Pro Tern . • • Council Member Glllil sard point of order So, now you are our elected Mayor by the Cou ncil, am I • correct? Mayor Woodward sard right Mr Glllil sa ,d welcome Mr. Mayor Mayor Woodward said thank you Cou nc,I Membt < Jefferson said congratulatrons Jrm Mayor Woodward said thank you Other Council members sard c,,ngratulalrons Mayor Woodward said I apprec,ate that • • • Eng lewood City Co uncil Novemb er 16, 2009 Page 9 Mayor Woodward said so we w,11 move lo nom,nahons fo, Mayor Pro Tem COUNCIL MEMBER McCASLIN MOVEO, AND COUNCIL ME MBER OLSON SECONDED, TO NOMINATE JILL WILSON FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD, COUtlCIL MEMBER GILUT MOVED, AND COUNCIL MEMBER PENN SECONDED, TO NOMINATE JOE JEFFERSON FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. Mayor Woodward said so the same discussion goes along with that as far as the process. Any other discussion? Council Member Jefferson said and again In my attempt lo show goctd fa :'h and camaraderie. I wlll be voling yes for JIii Councll Member Giff~ sax! and ., my commitment lo transparency, I wiU be VOllng no. Mayor Woodward said okay, thank you We are voting first for J,N Wilson for Mayor Pro Tem. Vote reaultt: Motion earned Ayes· Council Members Penn, Mccaslin, Wilson, Woctdward, Jefferson, Olson Nays Council Member G1nit Mayor Woctdward said and now we are voting for Joe Jefferson for Mayor Pro Tem. Vote results: Ayes · Nays: Motion defeated Council Members Jefferson, G,lllt Council Members Penn, McCas•~,. Wilson, Woodward, Olson MayorWoctdward sa ,d congratulatoons J,11, you are the Mayor Pro Tern Other Counci Members co~gratulated her Council Member Gi lht said and I hope that throu gh this process, we understand that our vole, Is not Intended does not mean, that I, by any means, do not plan to work well w,th either of you. l plan on IOOl<ing forward to my consbluents der.,itely want this process as open as poss,bte. I appreciate you for letbng us have thal Cound Member Wilson said ,t is not a problem Mayo< Woodward said one thong I want lo say about the former <-OUncol ls that the votes , When rt came lo voles on different ,terns, they went all over the map There were 6 to 1 votes, I was the 1 vote on one ol those o,rteren t people here have been the 1 vote on other ones. And 5 lo 2 votes, 4 lo 3 votes, 7 to 0 votes And I think that Is really a sign of a healthy Council, so ,1 Is something that we get through and we move on and I think thats what I really did appreciate about the former Council was, it was exceptional al lhal Counc:11 Member Jefferson said agreed. (x) Permanent seating assignments were selected Mayor Woodward sa,d we now go lo our permanent sealing assignments and these are decided by senionty The first would be the Mayor Pro Terri. Then would be Bob Mccaslin, as the most senior Council Member Council Member Jeherson said as the most experienced Mayor Woodward said most experienced Then At-Large would be there's nobody leh Al-Large D1stnct 1, did you want to stay where you are at? Counal Member Jeffer.;on s.aid yeah. I'm ond,tterent He aslced Londa Where she wanted to sot Councol Member Olson saod I can sit anywheie II ,s JUSI a pleasure Just to be up here Mayor Woodward said Dostnct 2 Joe you are fme where you are at Council Membeo Jefferson said yes Englewood City Council November 16, 2009 Page 10 O,stnct J? Council Member Penn said Im fine ngnl here Mayor Woodward said District 4? Counol Member G,11,t said I m lickled lo be 11ght here (x1) Family members and guests of the new members al C11y Council were recog,,lzed Mayor Woodward said Linda ~ 1d Rick we would like lo g,ve you the oppo11un,ty to recognize family and guests that you may have here ton,ghl and people thal are 1n your thoughts as you take your seats Counol Member G1lllt said ..,ell this has been an amaz,ng process for me II IS an hon01 to be s1t1ing up here represenhng the people in my Distnct I had the prmlege to talk to Wayne bef01e com,ng up here Just thanked h,m for serving us and Wayne and I agreed that we were going to have coffee and I hope to team a lot from Wayne One of the th109s I've learned, over bme, was that you learn most from d,fferent peoples' expenencc. And 1f we are all herr on the same wave leni;th, do,ng the same thing, some of this may not be neoessary I appreaate haw.~ the opportuMy to represent wonderful people I am thankful to have a number of those out here today And one of the people that I have to recognize ,s my wonderful wife, Rhonda, who had 10 put up w11h me every day with achy feet and wounds from walking and all I got to hear from her ,s, oh poor baby There was laughter But she enoouraged me and other friends encouraged. Mr Lowrey who drove my sign around ,n his Model A There is a group that you just can't thank enough And others that just d1d such great work and such great help You know, I told somebody that I just felt so humbled and I want lo thank there ,s Just too many people to thank But I promise to be a good represenlahve and I promise to do my best I? work as well as I can with you Thank you There was applause • Council Member Olson said I would like to thank my family My husband ,s s,tt,ng In the front here Joel • and two of my children have by now left one to go home and do homewolk, and the other to dnve ~ home to do homewotl< and lhen one in college who IS study,ng f01 a final tomghl so couldn·t be here But lh<ly were very supporUve of me ,n dc,ing this and without them agreeing that they thought this was a great Idea, I wouldn·t have even been embar1c.,ng on th,s I have a great d~ .,ct. O,stnct 2, has some wonderful c1bzen partJcipalJOn as expenenced by John Moore, my predecessor. and many others before him It ,s a wonderful group or people who rea11y care about their neighborhoods, care about the c,ty, care about the prov1s10ns that we have w1tn,n lhe community and I am Just looking forward to represenl,ng them and to try to understand what lhey need and how they can pa~,c,pate more clearty In the processes that make this a great community So, I think 1I 1s a privilege to be up here and looking forward to working with all I he staff and professionals up here with me as well , colleagues Thank you for lhli uppo1unity There was applause. Mayor Woodward sa,d I keep forgethng there ,s a lhirrt one and that wollld be me I do want to thank my son Jason who was here earlier but I don't see h,m now, so he mus: have escap,.d lason's mother, Barb . and her husband Bill for your help and the help of the people that helped wolk1no and campa,gn,ng and goong ,nto 1he neighborhoods and commun11y w11h me ~,,a for me Thank you to, 'I you, support So. I win leave 1t at that. There was applause 6 Recognition of Scheduled Public Common! There were no scheduled v1s~ors Reco gnition of Uns cheduled Public Common! ta) Elaine Hults, an Englewood resident, said I have two issues this even,ng I Jo have copies to g ive out lo everyone of you so that you will know what I am lalk1ng about, 1f I may Mayor • Woodward said you can hand :hem to the Clerk and she can hand them out Ms Hults said yes, these are two separate drawings I will read bnelly lhe commenr from Sect,on 4381 5 REV•2 of lhe HUD rules ond regutat,ons concerning managemenl adcfress,ng resident service requesl complaint And II states here whenever possible owner-agent should take 1mmed1ate actJon lo ad1ust problems and concerns by reg,s1ered resident:; We hav£ rwo areas that are a habtl~y and I can lell you as a hab1hly ad1us1or ,ft • • • E~glewood City Counctl N.wembor 16, 2009 Page 11 tall I'm go,ng 10 sue, because lhese lh1ngs nre not being rec11hed Number 1, we have a problem from washer and dryer The purchase of these items, 11 was no1 cons idered to be uscoble for seniors and hand1c..pped I did make a call aller f1nd1r19 on the web manufacturer and I was advised that the ,f you look al the first issue of the washer and dryer, lhal 1s the ccnd1t1on now ·r~ur doors are 1n oppos1l10n 10 each other so as a result, you have lo walk around whoch presents a pro~lem ,~ people who have walkers or wheelchairs or any kind of motorized vehocle Thal can easily be rec1tl1ed II Should have been llandled 1n the beginning because the only dOOt that can be changed on lhe unit 1s on the dryer ll 1s on the back. tf the dryer dOO! 1s reversed. you will then have space where there ri be ccmplete access from one openlilg of the washei 10 the opening of the dryer wrth no obstacle II 1s a safety I ciO< I wilt g,ve you a chance to took at ttlat Counetl Member McCaslm satd can I ask you a quesllOll? Where 1s this located' May0< Woodward satd this 1s at the S1111on Center Counetl Member McCasltn said the s., .. ~n Centei, okay Ms Hulls said yes. the Simon Center We are nghl behind the ok. , ost Offoce Now the other issue Is a very senous issue My artwork 1s not the greatest as ,rs done in a hcrry II was anothe1 serious issue and people have fa llen here during clear weat her, In the winier, 11 prese nts a big obstacle We have a walkway going lo the rear of the bu1ldmg, down to the parking lot There are no railings as we have on other areas That is very Icy and It Is a slope gr,ng down I would say that 11 Is almost a 45 degree angle. 1. myself have assisted people who have rallen in good weather, with walkers That door Is used because tlll'y take their dogs out, we have a station there to take care or the doggie-do and this Is a , ery popular place for people to walk That needs to be c0<recled We are given many excuses that 11 c.;n't be done It Iii a hazard. It 1s a llab1ltty exposure I would appreaate the COOVlllss1011 to lake these things 1n10 considerabM I want to thank you IOI' helping me on my nther issue We now have a person, who was a prestdenl 1Degally. has leh her post So I want to thank you for that assistance II took me a year and a half And by the wav I do have a qUl'sl,on I understand lhal when you have a closed meehng that only the members are the e and discuss issues, bu1 when you have an open meeltng, I assume, that lhe populace who are present should have a vooce If I am incorrect 1n lh1s assumption, I would please appreciate your correct,on And thank you for your time Mayor Woodward said thank you (b) Mark Craft, an Englewood resident, said thank you M~yor and thank ye u Council Congratulat,ons lo our new members He said one problem we have at Simon Center with the zoning v1olat10n here Is that we have six people staying ,n a one bedroom apartment that's apartment 511 Management doesn't do anything about this They say they are wortong on ,l, bul It has been going on for two years now We have a grandmother that holds lhe lease She has a daughter and a son•tn~law and then they have another daughter and the daughter has a boyfriend and ,. ,ey have a baby I called Code Enf0<cement They referred me to Zoning Zoning took d lo Corrvnuruty Development Community Development called Zoning back and satd that this IS perm1ss1ble by the square 1001age II tS a strain on the I think oo our resources and the water and the resource« on the Simon f;entor I was wonde,mg of I could take th,s further Of who else could I talk to? Thank you Mayor WOOdNard said thank you (c) Laurell Barrentine, an Eng lewood resident. said a place ton,ght I am very proud ol hv,ng on I saw history being made tonight I am so pruJd of Rick and Joe for bnng1ng this i ssue up and you made history tonight This was the first lime tho! the public d1scuss1on about who becomes Mayor and why happl ,ed opened for the public Cong ratulallons Linda on co:n ing onto Council, but you ashed what 1s the pv,nt of having t hat contention come down here and 1t Is so that the publoc Is present, that they are part o! 1t that they see that vote, that there 1sn I a pretense that there 1sn'l other ,ssues going on and nor shot;ld there be any pretense. along with the fact Iha! 11 ,s 1llegal to v~le 1n Study Session If you 1usl rerT'ember that fact can I vote 1n S1udy Session Study Sess10n os o,,fy lo gel 1nforma110n You cannot ma•e a dec1ston there you wdl p,ob1bly be ~relly sale on the L an~parency side This was also thP !lrs1 night tha1 11 was ever recorded I am a iw,uer with the fact lhal the pubhc IS ge111119 onvotved on these things and I think the EnglewOOd c,1,zens for Open Government are very prooo 10 ha•e been part of Englewood City Council November 16, 2009 Pago 12 lhese changes The Sunshme Law has been m effect for qu 11e some umc and you're nghl Jim , once lhe law violates the State we need to make sure .nat that comes 1nlo compl,ance I was 1ust very proud to see that Two years ago at my behest "as the r1rst t,me that a citizen ever anended that meebng and that's whal made ,t public was when somebody came ,n there and they were aBowed lo be 1n the<~ and weren t tolo that n was a closed sess,on And two years later, we·ve got 11 recorded and a pubhc reco<d and nu: i~e pretense for whatever purpose 11 was done before, that you guys don't have Issues w,th each other and somet, 11es don't agree Rick. Joe, I'm 1ust so very proud that you brought up the issue, because 1t needs to set the tone ror this next two years and gel moving And most surprisingly, Mr Woodward Mayor Woodward, I am very proud of you I think you handled the fact that the d1scuss1on came up well You welcomed that the d,scuss,on should happen down here You even tned to encourage II several t,mes and for Iha~ I can only say that I am extremely grateful and I hope that the neX1 two years bongs more of that behav10r and attitude of making sure that the public ,s included Congratulations to the two new people and thank you very much ror making th,s a historic night ror the c,1,zens on a much different level I'm very proud Thank you Mayor Woodward said thank you (d) Carol Brieczek, a L1lllelon resident. said I'm here 10 witness the sweanng ,n of Mr Gill~ • I'm also very proud of him When I arnvl"d here, I was told that there had been a Study Sess10n earlier where the Mayor and Mayor Pro Tem had been determined I happen to be a student of the Open Meetings Law and thal, it Just. it didn't set right with me because a Study Session Is 11 I'm a citizen and I know that there ,s a Study Session, I know that I doo't have 10 be present, because no decisions can be made Furthermore, I don't understand how a vote can be taken with two Council Members who had not been sworn ,n as CouncU Members So, the Open Meetings law to me Is the most important thing that the c,Uzens have 10 r~ly on m open and transparent govemmenl I don't see ,t happening In Englewood. • We've been fighting ,t in Littleton We've come a long way I wou ld strongly suggest, particularly for your new Council Mem,,ers, that there be some kind of a formal process where that law is reviewed so that you know good and well exactly what you can and can't do No votes ,n Execut,ve Session No dec,s10ns ,n a Study Session. Everything needs to be done ,n front of the publ,c anld I would thlS IS what the publ,c has and Im su:pnsed If I went to my ColUncd meeting ,n L~Ueton. there would be back up 1nformauon on each agenda item for the public so we ::an sit there and we can read We know exactly what 11 ,s thai is being discussed And ,t br·ngs a whole new level of understanding on the Issues that Council ls deciding on. If the i;ubllc Is provided the ,nformaUon. It's on the Internet. Council packets are given to the ltbrary But there's nothing like going to the meeting that night, picklog up the minutes that are going to be approved, picl<,ng up a Councd Communication about the subject that Is go,ng to be discussed II g,ves us the pros, the cons, the staff pos1t,on, any of the issues th;.t might perlaln to that item so as a citizen, I can sit there and I can read land understand 11. which leaves me m a better s1tuat10n to understand the dec,sions that the Council ,s making. If t had thi s, I think I would have to talk and ask questions for every Issue that comes before this Council, because you haven't provided your citizens with the kind of Information that would lead to a good, sohd, open , transparent government So, I'm glad to see that you tried to rectify what went on upstairs 1own here for the pobl,c It sounds like you have a Chaner conflict The Open Meetings Law never, ever prov1ded for an election of Mayor arid Mayor Pro Tern ,n an ExeculNe Session So, ,t sounds hke you have made some progress lo follow the law and I hope. part,cularly the new folks, really gel mto that law and know what ,t means so that you can continue l o provide an open , transparent process for your c,t,zens . Thank you Good luck Mayor Woodward said thank you (e) Ida May Nicholl an Englewood resident. said I didni Dian on speaking this evemng but t really appreciate this young lady gelling up and shanng w,th us what we need to know One question that I had, lhal she also brought up, was how can the n~wly elected Coun.:,I Members. when they haven 't • been sworn ,n by the 1udge, how they pick the Mayor and the Mayor Pro Tem? I was s11t1ng there and I wondered maybe I was wrong muybe I didn't understand Now lhat she brought up lhe same quest,on. I would 1,ke tl know that as wen how you p,ck the Council p,cks hke I said before. 1he Mayor and the Pro Tern d :•ey haven t been sworn tnlo office yet? Thank you • • • Englewood City Council November 16, 2009 Page 13 Mayor WOOdward said thank you 6 Communications, Proclamations and Appointments There were no communlcalions, proclamat,ons or appoinlments 9 Consent Agenda (a) Approval of Ordinances on Forsl Read.ng There were no additional Items submitted for approval on rorst reading (See Agenda Item 11 ) COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER GIUIT SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). (b) Approval or Ordinances on Second Reading (i) ORDI NANCE NO. 50, SERIES OF 2009 (CO UNCI L BILL NO, 52 , INTRODUCED BY COUNC IL MEMBER McCASLIN) AN ORDINAN CE SUPPORTING THE GREAT OUTDOORS COLORADO GRANT APPLICATI ON FOR DU NCAN PARK DEVELOPMENT FU NDING . Vote results : Ayes:. Nays; Mabon camed. Council Members Penn , McCasfin, Wilson, Woodward, Jefferson. Olson, Gll1t None (c) Resolutions and MotJons There were no resolutioos or motions submitted for approval. (See Agenda Item 11 ) 10 Public Hearing Items No public hearing was schedu led before Council. 11 . Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading Thete were no ,tems submttted for approval on fttsl reading . (b) Approval of Ordlllilnces oo Second Reading There were no items submttled for approval on second reading. (c) Resolulions and Motions (i) Direclor Ealon presenled a recommendalion from the Human Resources Departme nt to approve a resolution setting the list or person's eligible for appointment as hearing officers for disciplinary and merit appeals for the City or Englewood . She said good evening Mayor and Council I am honored to be the first director to speak to lhls new Council tonight The last list that was appointed by Council was set in 2006 and ton,ghl we are asking for the reappointment of the same attorneys Mayor Woodward asked if there were any quest1011s for Sue There were nooe Englewood City Council November 16, 2009 Page 14 COUN CIL MEMBER JEFFERSON MOVED, AN D COUNCIL MEMBER PENN SECONDED, TO APPR OVE AGEN DA ITEM 11 (c) (I)· RE SOL UTION NO. 83 , SERIES OF 2009. RESOLUTION NO 83, SERIES OF 2009 A RESOLUTION SETTING THE LIST OF PERSONS ELIGIBLE FOR APPOINTME NT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS Vote results: Mouoncamed Ayes Counc,I Members Penn. McCaslin. Wilson, Woodward , Jefferson, Otson, G1U1t Nays· None Director Eaton said thank you (ii) Director Ealon presenled a recommendation from the Human Resource Departmenl lo approve. by motion, the appoln lment of a hea ring office r for a dlsclpllnary appeal filed by Dawn Orona. She said th e list was Just approved and I'm asking for a recommendation from lhat list . Mayor Woodward asked if there were any questions for Sue. • Mayor Woodward said I have a question We did have an employee issue lhat we .. wfth,n ... a number of • months back. Who was ,t that we utlilzed on that? Director Eaton replied that was J ohn OtF alco Mayor Woodward said okay Council Memb~r Jefferson said so we need to plek one cf these three? Mayor Woodward said exactly Mayor Woodward asked 11 there was any discussion regarding selecting one of these three Council Member Jefferson said perhaps we should spread it around and utihze somebody different this time Mayor Woodwa rd said I would be In agreement Council Member Jefferson said that would be Mr. Cohen or Mr, Aisenberg. Does anybody have any strong feeling on that? Council Member Wilson said I thin k Ben nett Alsenberg has real strong qualifications . Council Member Jefferson asked Is that a motion. Counci l Member Wi lson said it could be COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERS ON SECO NDE D, TO AP PROVE AGENDA ITEM 11 (c) (11)-TH E APPOINTMENT OF A HEARING OF FICER, BENNETT AISENBERG, FOR A DISC IPLINARY APP EAL FILED BY DAWN ORONA, Mayor Woodward asked ,f there was any d1scuss10n There was none Vote results: Motion earned Ayes Counc,I Members Penn, McCashn, Wilson, Woodward , Jefferson, Olson, G1H1t Nays· None 1,i,) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to approve, by motion, Amendment #1 to the Ameresco Technica l Energy Audit to • pr,>v1de for the investigation , design, development, and Implementation of Photovoltaic !SOiar) systems at various C11y faclllt,es He said good even ing Your Honor, Members of Council Welcome to our new members In June of this year Council approved the agreemenl for the energy audit under the auspices of the Govern01s Energy Office and our in1ergovernmental agreement with the GEO The purpose of this amendment ,s to allow Ame,esco to fully 1nveshgate the opportunity to provide for Photovollaic solar • • • Englewood City Council November 1r 20 09 Page 15 panels on vanous C1Iy fac~1bes Pan of lhe 1h1s Is noI part of the scope or serv,ces of lhe energy aud1I In fact. 11 was at our requesl thal Ameresco did some preliminary Investlgahon We aclually had lwO lhird parties approach lhe C1ly during our process of in1t1at1ng lhe energy aud11, 10 provide lhe City wilh PV or Photovoltaic solar panels on buddings Bas,cally after 1mllal lnveshgat,ons Ameresco delermmed lhal 1h1s Is somelhlng lhal they could do and we agreed lhal n would be beneficial lo bolh parties 1f we would work with Ameresco direclly, 1nsIead of br1ngmg a lh1rd party In What Ameresco will do wllh their full blown 1nvest19abon ls lo look at vanous City facilibes, and they are loOking at five fac,hties, lhat m,ghl be ul1l1ttzed fa< placemen! of PV solar panels lhat convert the energy of the sun mto eleclric energy We have a couple of issues One Is we need to determine 1f lhe structure of those facilities will permil the placement of the PV panels Second, we would need lo negotiate Wllh Areeresco an agreement fa<, a power purchase agreement, whlCh would requii'e us lo purchase electocal energy produced by the PV panels for the next 20 years, whlCh basically Is lhe Ierm of a PV agreement The good news Is that we would be purchasing power from Ameresco at a fixed rate. II woul d not go up over time II would, very like ly, although we haven't determined what the cost would be per kilowatt hour, but it Is hkely lhal lhe kilowatt hour costs WIii be higher lhan we are paying Xcel Energy at lh1s po,nt In lime, but g,ven the nature of the cosl of energy over time, we would expect lhaIIhal cosl would level out and then evenlually our cost for lhe PV produced elecir,city would be less lhan thal of Xcel Energy, And aga,n, lhls would be coming fo,ward to Cound ,n a fa<mal agreement Al ltus po,n~ lhls is Just an amendmenl to allow Ameresco to ,nvest,gate. We would :ie coming baick to Council at a po,nt m lhe future, probably early next year, lo discuss lwo Issues regarding Ameresco One would be lhe potential for a performance energy agreement whlCh ,s a very large project that would Include up to, probably, in the neighborhood ol S2 lo S2 5 m,n,on worth of unprovements, funded by energy savings In addrt,on , there would be a separale agreement, If we come 10 agreemenl with Ameresco, on the PV panel placement, as again this Is not part of the energy audil nor ,s ii part of lhe GEO program . Are there any questions related to this? Council Member WIison said the only thing I have Mike, is when we lalked, you sa,d the re Is an Exhibit C and D. Deputy City Manager Flaherty said thal was, aclually ... and I'll give those to the Clerk Council Member Wilson said okay She said I know that they were part of the original, but I thrnk 11 would be helpful lo have rt au Iogether Deputy C,ty Manager Flaherty said ca<reict Those two pieces were mIss,ng from the ongInat agreemenl lhat was approved by Council In June . Those gol missed in processing for the packet Basically , the locallons of the bu11dIngs lhal Ameresco Is reviewing under lhe energy audit. and lhen the second 0 , which IS on the ft1p side of !hat same piece of paper we're conserving paper as wen, Is the cost breakdown of lhe Ameresco conlract Council Member Wilson said also, this is purchasing Pholovollalc. lhe syslem, rlghl? ll's purchasing or Is 11 leasing? Deputy City Manager Flaherty said actually Ameresco will own lhe system fa< lwenty years and at that point in bme, they would tum the system over lo the C1ly, If we chose lo accepl 11 al that time 0< be removed They would own II They would gel lhe tax cred,ts from the lnstal la llon, lhe Federal Tax credits. which we are nol eligible for as a lax exempl entity We would purchase power only from Ameresco Council Member Gdhl said one of lhe questions I have 1s .. I am prelly familiar w1lh PV technology because I gel lhe opportunity l o work with people who do lhal on a regular basis One of the things I'm flndmg I hke IS thal the technology ,s updated almost monthly And my quest,on would be, should the Crty go through this , would Ameresco be WIiiing, as updates or improvements come rn, would lhey be updallng the system at their cosl or would lhat be something. 7 Because basica lly righl now, il's like buying a P,nto and In twenty years, 1t could be a lolally different animal I just wouldn't wanl us to get bed into something when we know thal lechnology Is rncreasmg Oepuly Cily Manager Flaherty said we can discuss thal w1Ih Ameresco As I said, we will be brmg1ng back an agreement to Council al a lulure poinl In IIme However, these syslems are pretty simple The solar hol waler syslem that was lnslalled al lhe Recrea110n Center In 1987, Ameresco reviewed that operallOn and found It stil 10 be funcllOnal and lfl good shape There are no moving parts In a PV system. Basically, 11 Is a large solar panel and 11 has wha l lhey call an inverter. II ls possible thal over lime lhose Inverters might be replaced if they 90 bad but basically lhe maInIenance on !hose panels ,s to .,ash them off occas,onally But aga01 we can have that d1scuss,on w,Ih Ameresco and I would certainly do that Council Member Jaffe,son said and I think the real appeal of a lot ol this rs lhe, you know . no cost 10 the City bemg able to get some son of fixed cos! that might be cheaper lhan what we re purchasmg currently Englowood City Council Novo m ~o r 16, 2009 Page 16 So I th,nk thats probably a lot ol the upside of someth1119 like th,s I had a couple or quock quesbons Mike You said twenty years was lhe agreement term length. 1f we did choose to go into an agreement with Ameresco? Deputy City Manager Flaherty said lhal s standard , but w~ haven't actually discussed lerms al this poInl In tome Council Member Jefferson said okay Deputy City Manager Flaherty said but thal basically Is the standard thal I have seen with the olher third part,es that we had the same d1scuss1on with Counc,t Member Jefferson said It could be more, ,t could be less Whal aboul lhe hfecycle of lhese lunds of syslems? Do you have any idea of what that m,ghl be? Deputy C11y Manager Flaherty re~led I do not Again the hot waler system panels that we have ,n the Rec Center, we were kllld of surplised to with the assessment that Ameresco made oo those that they were still very funct1011al and operabonal . As I said. there Is reany no movmg parts Wtlh this There IS an element that's called an inverter that IS basically the guts of the system lhat converts lhe sun energy lo electrical energy I was al a meeling lasl week at the Governor's Energy Office and listened to the faci lity manager from Colorado State Univers,ly, who had basically Just entered mlo two of lhese agreements , one on campus and another one, which Is In process now on one of their farms where they have a large Installation outdoors, net d1ss1mllar to what they have al Denver lntemaltonal Airport, and her response was that basically the mamtenance IS one of cleaning the panels off occaSIOOlllly and the inverters do go bad from lime 10 lime and that would be certainly we would stnve lo have, dunng the term of the agreement lo have Ameresco be responsible for lhal Al the end of the twenty years, we could make a delerminabon that either yes we want lo continue to ul1hze those as owners or to ask Ameresco lo have them removed. Council Member Jefferson said like you said we will have that option .. hopefully we can have thal option written Into the agreement that, you know, we can either utilize that or gel them to pay the fee lo get nd of IL That's all I had • Mayor WoodWard said 1us1 to address the kfe cycle I do have PV sotar panels and 25 years seemed to be a pretty standard number for a warranty Council Member Jefferson said for a warranty? Mayor • Woodward said they obv10usly can last longer than lhal The Inverter Is lhe key and as far as that's the onp thing that could change or break down and obviously if we have the contraclor responsible for that or . Council Member Jefferson said I apprecia te those comments I guess In my mind I wa s trying to decide If there would be some potenllal benefit at the end as we ll. Mayor Woodward said another thing about the inverter 100 1s that the majOr company that makes the inverters Is moving a factory lo Colorado In fact, I th111k they may end up moving two Thal has just come out here m the lasl few weeks Mayor WoodWard said I had a question too. Mike, with regard lo the fixed rale Do you have any Idea what that ,s? Deputy Crty Manager Flaherty said not at this point Ameresco has done only a very preliminary analysis of whal their costs would be and the feaslbil1ty. They are going to gel into an In- depth analysis We're paying somethi ng in the range of 5.5 to 6 cents a kilowall hour to Xcel. What I've heard from others 1s lhal currently the cost might be approximately 7 cents or maybe a little bit higher. Mayor WoodWard said okay How does demand work then? Deputy City Manager Flaherty said I do not know that Jim Mayor Woodward said okiay That's I mean I'm all for tlus and there's no cost associated with this, but that ,s definrtely something that I would like to hear addressed ,s how demand IS handled, s,m~ because we do have large motors that come on and Deputy City Manager Flaherty said this wil only be supplemental. This w,11 nol be replacing any Xcel Energy This will be, basically. will be prOducing electrical energy, bul these will not be powering any systems In total In fact. as much as we wou ld like to believe that this w,11 be powenng the entire City fo,· u,e next twenly years, that's not going lo happen II w,11 power some elements In the bu,td,ng , but It will not lJe cupable of powenng an enllre buildw,g Mayor WoodWard said okay so lhe other parts of the contract probably address demand to cycle motors. and l,gh!Wlg and that sort of thing. Deputy City Manager Flaherty said, and agam, I cannot ten you that and won't have thal lnfonmahon for you uni~ we bnng that back. ,1 we bnng that back ,n the form of a contract Council Member Jefferson said I lhln k that there are a lot of unknowns as far as, you know. what the • potentia l agreemenl may potenl1ally be but. you know, my understanding, and correct me if I'm wrong , 1s, you know, we have no level of comm,tmenl here We ore go,ng lo have the opportunity to review whatever lentat,ve agreement we come up with Deputy Crty Manager Flaher1y said this strictly g,ves Ameresco the authonly to go forward with a tho<ou,gh invest,gaboo based aga,n the goal IS to be able to w,stal PV panels on at least some of our lacol1lies To lake advantage of allematwe energy forms, but thlS • • • Englewood City Council Novem be r 16, l 009 Page 17 ,s nothing more than basically Ameresco's request to make sure that we have lull authority to move forward with them on the mves11gation A full blown agreement will be coming forward again d we get to that point We hope we do. but al this point I don't know that Mayor Woodward asked d there were any other quesuons There were none COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii)-AMENDMENT #1 TO THE AMERESCO TECHNICAL ENERGY AUDIT. Mayor Woodward asked ,r there was any other d1scuss10n. There was none Vote results: Ayes Counal Members Penn. McCasbn, Wdson, Woodwatd. Jefferson. Olson. Gdhl Nays None Mol1oncamed 12 General Discussion (a) Mayo(s Choice (i) Mayor Woodward said next Monday. November 23 ... we w,11 have the lightilg of our holiday lree 111 the p,aua out front of the CMC Center here al 6 pm All are lnviled Cookies and hot chocolate will be provided With the economy being what rt IS, we have cut back on the celebration somewhat II wil nol be Englewood Shv,es We will not have the fires lhal we've had ,n the past or the fireworks So. ~ wdl be basically a celebrat10n of bgnl1n9 lhe tree and then Council wdl move from there nghl upstairs mto Study Session Agarn, the pubhc rs certainly welcome to enjoy the tree and lhe goodres downstairs (II) Mayor Woodward said again I Just want to mentron that whrle we will miss the knowledge and benefits of what John and Wayne have brought lo the Coty, I war.I to welcome Linda and Rick to Counc,I As you wrll learn, as lhe resl ol us have learned I think or are in the process of learnmg, that we are a team of seven lhat are very much in a rtshbowf and 1n a leadership rote w1th1n our Coty That's by the cho;ce of our citizens We woU not always agree and hopefully we will always come to potocy deosoons wtuch are on the best interest or the attzens of EngleWood (iir) Mayor Woodward said Elaine, I th,nk you had asked where can you go and I think you have been there before, although you haven't spoken, is the Englewood Housing Aulhonty Commiss,on In looking at your drawing here with regard to the dryer. being the liaison. I can certai nty bnng that foiward and ask about thal (iv) Mayor Woodward said and Mark, I w,11 as~ a;ou1 unit 511 So with that. the parking. I can also put lhat forward I don'L in my mind, I can't see ~at I need to go look al that to fully understand lhal (b) Counc,I Members· CholCe (i) Courcil Member Penn He said Rick .. Linda it w,11 be a fun two years and gel ready for that Congrat ulatoons to Jill for Mayor Pro Tem And to Jim ago,n, congratu lations to being Mayor 2 He said I don I know about the Simon Center Maybe we need to maybe send someone out 10 make sure that we gel that taken care of and not wa,t unti we get to the Englewood Hous,og Authonty Englewood Cit y Council November 16, 2009 Page 18 Mayor Woodward said thank you (11) Councll Member Wilson 1 She ~aid welcome Rick and Linda Congratu lalloris lo Jim. Thank you to lhe Council Members who voted me as Mayor Pro Tem. I look forward 10 lhal pos,tIon. 2 She said thank you J,m for saying that you would help Elaine and Mark 3 She said I am lund of d1sappoInted that there won't be mo,e of a hoopla with lhe Christmas ltee Bu1 we know that bmes are tough so, thank you Mayor Woodward said tr.,mk you (iii) Council Member G1lht 1 He said I want to thank Elaine and Mark for coming up As a cihzen who has presented, I know that rt can be scary II can be nerve-racking, but I want lo thank them for bringing things to our attention That they feel com fortabt~ doing that 2 He said also. Ca rol Brzeczek. I thank Carol .. I think she left. Than k her for brin ging some Issues up know that transparency has been a big issue and I'm really looking forward lo going forward In that direction • 3, He said and Lauren. I apprec,ate her standing up and I think this commitment of all of us. at least I • know thal I believe that we all have a desire to transparency and that's the direction that we will be 901119 4 He said personally aga,n. I want to thank Mr Mayor for winning and I look forward to svppc,rtr,g you Mayor Pro Tern, I look folward lo working with you as well 5 He said and you put me beside a school teacher and I'm a ~Ille worned. I'm looking forward to working with you Linda and the rest of you We'll go through this It's an emotional process and we had a great showing this evening and we had some great people. One of the things that I wasn't expecting, not that I thought that ii would be bad, was Just how welcoming the City was when I got elected How the offices upstairs and everybody Is Just so kind Gary. I want lo thank you for doing that. It means a 101 lo a new guy and Linda can speak for herself on that, but I was treated very well and very kindly and I look forward lo working with them as well Mayor Woodward said thank you (iv) Councll Member Olson 1 She said I must say thal I would not want lo do Bob's )ob He's much bettl!f at ,1 than I am for sure It's a great pleasure to be here again and thank you to, those of you whO have been so supportr,e all along the way and for those of you thal have ma,te me thu,k harder .. I appreciate It 2 She said I appreciate the people "110 got to sI ,ea~ tonight, because I've done that as well Hopefully, we can resolve some of these things In pa.1icul•,r. ft seems silly to me that you can't switch a dryer I can't have my dryer opposite of the wa sh ing machine either and I am fully able lo walk from one side to the other so, hopefully, we can get these things resolved 3 She said I am a lltlle bit concerned about the use o f the word transparency , I would rea lly like to • welcome In vite our Council here to have a conversa~on at a Study Session about what transparency really means and what policies actually govern transparency and not I think maybe there ,s some conlus,011s about that and I w,11 own lhal for myself I've watched the lasl several months people get up here an1 well, atter meetings talk aboul not having a transparent and open government and I fi~d lhal • • • Englewood City Counc il November 16 . 2009 Page 19 quite puzzling. because I've been able lo get most of wha t I need al most times Conversations that happe n up at Study Sessions are taped as well as so I'm concerned that there Is a bit of a use of a term here lhat maybe we need lo define fo, ou rs elves whal we need and identify what the principles and the pol1c1es are that govern lhat So lhal would be helplul to me as a newbie WIlh lhat , I say lhank you and I'm really pleased lo be able lo work with you all Mayo r Woodward said thank you (V) Council Member Jefferson He said fi rst of all I just wanted lo welcome RICk and Linda I look forward to serving wilh bolh of you 2 He said to Elaine , I hope Jim can bring 11 lo lhe Hous ing Authorily for you . 3. He said lo Mark . you know, he broughl up the ,ssue of five or six fo lks hvlng in the apartment and It sounded like they were all related . In that situation , that's why It is perm iss ible because of lhe ir re lation . correct? City Attorney Brotzman said there are two reasons . One is a relationship and the second is square footage . Apparently what Mark sa id was there was .. it was square footage was met. Council Member Jeffersor, said so Mark to answer your quest ion , as far as how to take it further or whatnot that would require a policy change . I don 't see lhal on the ho rizon. but 11 Is certainly someth in g that we can discuss . Mayor Woodward sa id 11 is actually truly with the Englewood Hou sing Authority , which is a quas i- governmental agency tha t is ... Simon Center and Orchard Place are Federally funded bulldmgs so some or that , other than our zoning questions , wh ich Mark had brought up, so ... a one bedroom ... mus t be pretty big square footage for a bedroom . Mr. Craft spoke from the aud ience 550 square feet Cou ncil Membe r Jeffe rson sa id it doesn 't seem like it would be perm is sible. You know , perhaps we can look into 11 aga in because that just doesn't seem to be adding up . That low level of square footage with that many fo lk s doesn 't seem .. perhaps we can .. maybe I'll chat with you afte r the meet ing and we can try put in a request 1f need be 4. He said and to everybody else. who came and spoke about the process tonight. I ;enerally agree that I think we have identified some problems and hopefully we can take some steps to amend that in the future . Mayor Woodward sa id thank you . 13 City Manager's Report (a) City Manager Sears said f ju st wanl lo follow up on congral ulaling Rick and Li nda and Jim for the election And Jill for the election or Mayor Pro Tem (b) City Manager Sears said I want to also note that we are lu~ky . We have an ou lslandmg slaff and orgamzabon . I want to than k all the members of the sla,'f lhal stayed throug h tonighl and showed up tonight. As you can tell II is very important for employees of the organization lo welcome and see the new leadership as ii comes fo~:.~rd . And I think as Rick and Linda both found, our whole goal is to be responsive, 10 be avai lable . and to p.-ovide mforrnabon . That will continue , as ,s widenl, by a really qua hly , high ly competent staff and employee base So, I th ink you will be pleased with the quality or the work that you will see from our employees. (c) City Manager Sears said with that, I just want to say lhank you As has been our lrad ihon ,n the past , we do have we rea lly try lo gel our new ly elected to take a tou r, but we also re cognize lhal other membe rs of lhe Council are welcome lo also allend . We had talked abo ut lh1 s Friday fs 2 o'clock lhe bes t time? Okay So , we'll be meeting In my office and we have the opportunity lo go lo the Safely Services Department , lhe Serv iCenler and then also a bner lour or the area around here . Perhaps lhe water funchon we'll provide a hsl for all of the Council Members lhal may be mleresled in attending that Englewood Cit y Council November 16, 2009 Page 20 As tn<llgS happen. our Waslewater Treatmem Ptanl Is probably a half day III and of 1lself and so other areas. we could certainly set some 1,me up for you or other Council Members to go to So. we U start al 2 o'clock 111 my office and I'll work unhl 5 on Fnday But again C011gratulat,ons to all of you I know, as a slaff, lhal we lock forward to working w,lh all of you Mayor Woodward said thanks Gary 1 ◄ City Attorney's Report (a) City Attorney Brotzman said again congratulat10ns to Rick , Linda Congratulahons J,m, Jill One of the things that the Mayor and Mayor Pro Tem do, that we do need to schedu le. ,s there ,s a Mayor's meeting . The only thing tMI goes on at lhe Mayor's meeting ,s that we simply set the agendas, the Study Session and the regular agenoa That Is the role of the Mayor and Mayor Pro Tem at those meetings There is nolhing substa~t.ve oecided al thOse meetings. There is no administrative power thal ,s different lhat the Mayor and Mayo, P'O Tern have other than getting the schedule done. Council then has an Oj)pOIIUnity to have Input ,nlo that at Counci Membe(s Choice. at the Study Session or the regular session So we do need to schedule that as a meebng The Councll handbook is actually scheduled tor next Monday night We'll go through some of the. we'll try not to overwhelm you nght up front. but we're going to try to hit some of the high polnls on the Council handbock as well Mayor Woodward said okay . 15 Adjournment The meebng adjourned at 9.32 pm • • • • • Medical Cannabis Study Packet for Englewood City Council Meeting Jacqueline Edwards 3600 S. Bannock St. #403 Englewood, CO 80110 303-806-8912 jm edwards@msn.com November 16, 2.009 (ll..t,"'1>t.(-,, .l.oD'f) Prepared by Jacqueline Edwards Erin Marcove November 10, 2.009 {n....,.i,.,-I, .tob't) Erin Marcove Cannabis Medical Therapist Consultant 4640 S. Utica Wy. Bow Mar, CO 80237 303-880-1563 edo@cannabismdcdicaltherapcutjcs.co 6b&c ~l r-/Jj;,~ l~T.C , Quuwbis Therapy lnstituruc -Medical Cannabis (Marijuana) Re.search. Education and Advocacy ... l'age I 01 L • ■ • • cannabis TberaPV lnstble c.,.,.,.. Educllr,on, Ro,oan:h 1111d NJvoucy Home I A.dvocaq, I Pollcymalw-o I P■tlenb I Caregiver-. Cannabis 0-I Caombla Holiday Htalth Fair Cannabu Buoln-Dirutory I Spon,or the en llaeard1 I Lep1 I nfo, I Ntwe I: Ennb I About U• I U..ks t'fte Newwletter 0 Cannabis Holiday Health Fair "MNt Your Medlcal C1nn1bl, ProfH1lon1ta '" Sun day, Dec. 13, 2009 10:00 am to 4:00 pm t.oatlon: Holid•)" lM Den,-.r-C<nlrol Confertnce C<nler ,ill4gJ)annock SI .. ll<nvor, CO r e e.ocnf l,fret. n n rl open to the public. fa-el)"Ont imo,., _,.....,has I medal condition that CIDMbls CID hdp. wm 1boul cannabis U I s■fe Ind effeai\-e remedy fur M-c■USfd bychemothonP)', mu,de 5pUIIIS, K'\'Ut paia and mott.. Th< Cannabis He■lth Fair is ■n opponunll)' for tlle g<ner■I public Ind l ■wmokers to m«t the medical cannabis professionals currently working in tlle Denver lrtl and aom• olth• pati<nU that they serve. Our last Cannabis I 1<:aUh fai r in noukler in ~111nu!H:[was a huge sueccss, whh loll of information tnd lob of fun. PleascJoln us at our second event, the Cannabis ~Holiday" Hcaltll Fair, this tim< i• . ..,.,,.-.rat tlle I lollday Inn. Get your exhibit or t able now -spaces are limited. ""'-This Is I public and lcgisllltive outreach .,,..t designed to,,_, qu..iionubout cannabis IS medido, ,nd how to become a legal patient In Colonido. Cannabis bu been used safely for "'"' 10,000 years IS modicine by humans. It is only in the la.st 70 y,,ars 1h11 dtb.ens have nol been able to <njoy lhc benefits of cannabis and the many conditions it trcau. The Cannabis Health Fair is designed to educate people on the best WI)~ to legally Uk• 1<h~ntageof tllis wonderful punt for lho treatm<ot of many symptoml ■nd diseases. Thi, C\fft Is deslgnod for 1h, g,nenJ pobllc and Is• flmily 0\-.0L There will b< speak,n ■nd uhibitor tablet and lolsoC infonmtion on 1h, history and futurt of cannabis medicines. Ab1wluttlt1 no cnnnnbf• ,ncdkfne la-ullou,ed at tht. el.lit.tU • !WubltoN Exhibitors will lndudc medical cannabisdisp<M1ries1nd coUa:thts, coreghing busin.....,., tllerapisu ■nd hollsl lc baltll pnclitionm. cannabis n,;earch bw;I......_ oiedicat conn■bil attorneys and buslnegconsoltants. ■d,'Oale)' groups. b~m■i..ts. and m.10) others fields rdltoo to medital .. nnabis and induslri■I hemp. Cannabis Therapy lnstitutue -Medical Cannabis (MarijWlna) Research. Education and Advocacy... Page 2 ot l Hotlday Glib Absolur,/y no mnnabis m<didn• un1I bCI di.splav,d or sold. HowC\'tr, exhibitors will have other product, for ute. and patknu will 1bo be actllng am and craftJ for the holidoy acason, so this will be I good place to pick up aame unique giftJ. La wmaker Comer All Jtale and local lawm.ak,,. ha,-. bten !n,11..i, and some may att,nd the evenl to mttt their COM!tuenu. We wilhet l>kle oome ublei fora ·u,.maker Cornn' 10 that lawmaken can m!ogl, with the pul,licand cannabll pn,(sslonals u well Brina your lawmaker to the1Mnt and .-...lw11ffegiftl lint Medleal Cumaltla Handout Con-Si:lce the mai• purpooeoftbise.-ent isedu.-.tiotlorlhe pubtic:1nd lawmakers, we are encouragin& all ellhibitors to enter aame literature io our "Beat Med.ical Ctnnabis lhndoor Contest. The handout can be I pamphlet, Oyer, booklet, copy of an article, 1 ...._. .. h study, or eomcthlng 1lmllar. Tbe public will be gh-en aoorec11d1 and w!JI be enooo11ged to visit the ,-endor'a ubles to~ their handouts. Tht public will ,-ute for the best handout In four al<g<>ries: Best Deslgn. MOIi Facts, Most a..~,. Motl Powerful Click h<·re [or lb• romp!dc (Ol)lcsl ruk;s. "-Todd)"a R,,su,urant will be openat the Hol~ IIIJI, serving• full lloe or food and bC\-.ng,s. E>thlbltor Opp0r1unltlea: To become an exhO,ltorat the Holiday Health Fair, lillirnl..!h!.l ~-Apply by De<. 2. Ab10/urel11 no cannablt medfclne ma11 be dltplayed or 10/d. DISCIAIMER: This isan independent C\-Cnt and Is nOI in any WOJI afflllst,d with the Holiday lnnllenverCentnl. Tbbe--.nl doel DOI reOect theopinlomoniew,ortlle Holiday IDJl Domu Centnl. Tbe Holiday Inn O..ver Ceotn! hu excellent ..-.otand com<mlOeapeoe. friendly and pnitaaioaal111ff, and is10111-cnlcnllyloa1ed iD Dmvoff or 1-25, Cannabl1 Th•rapy l notitute P.O. Box 19084, Boulder, CO 80308 Phone: (641) 715-3900 ext. 70966 Web: WW,,' ,('ft n na bi~thera pyi ns titu I l' .crnn Email : lnfo@r.1nr1abt!fthernnYinsJi1u1r rom • • • 12/1/2009 • • • TARLE OF CONTENTS • Memo to Englewood City Council from Jacqueline Edwards and Erin Marcove, dated November 10, 2009, Re: Amendment 20 Medical Cannabis, Dispensaries Moratorium, Proposed Task Force. • Proposed Task Force Flow Chart, by Erin Marcove. • Topics Presented About Medical Marijuana aka Medical Cannabis, by Jackie Edwards, To Englewood City Council on November 2, 2009. • 11/2/09 Medical Marijuana Speech Notes, Presented for Englewood City Council reference 11/10/09. 1'-J, 10'1 Current Events: YH.ll: Cannabis Therapy Institute e-mail of 10/29/09 Re: Colo. Court of Appeals Restricts Patient Rights Eedeul: Marijuana Policy Project e-mail of 11/3/09 Re: Victories in Maine and Colorado tonight Medical Marijuana ProCon.org, 11/4/09, "Should marijuana be a medical option?" Colorado: Cannabis Therapy Institute Board of Health Hearing Update, Nov. 3, 2009; IHO-o'I j),.,. • ., J .. J/l,., O,t~rt) l'lt.l,c: .. t ~,-;J, ....... R~1;"j Cannabis Therapy Institute e-mai l of 11/2/09 Re: Emergency Board of Health Meeting on Tuesday State Board of Health notice of an emergency rulemaking bearing on u /3/09 Colorado Registry: Colorado Department of Public Health and Em~ronment, The Colorado Medical Marijuana Registry, Statistics, Medical Marijuana !Registry Program Update (as of July 31, 2009) Colorado Municipaliti,:s : Cannabis Therapy Institute e-mail of 11/2/09 Re: Policy Group Releases Draft Medical Cannabis Bill Cannabis Therapy Institute Medical Cannabis Patient and Caregiver Protection Act, 11/2/09, (NQ1i:: Draft: Colorado Medical Cannabis Patient a11d Caregiver Protection Act and Encouraging th e Economic Development of Medical Cannabis Bu.~inesses in Colorado, A report by the Cannabis Therapy Institute were submitted to City Clerk at 11 /2/09 City Council Meeting.) • • • TO: Englewood City Council FROM: ,Jacqueline Edwards, Englewood Resident DATE: RE: Erin Marco\'e, Cannabis Medical Therapist Consultant, Bow Mar Resident 11-uMl,u I uoq Jl,c.&Mi,cr 7, ~DD'! No,•embcr '10, 2009 for City Council Meeting, NO\'Cmbcr 16, 2009 Amendment 20 Medical Cannabis, Dispensaries Moratorium, Proposed Task Force The following is what we "ill be discussing at the November 16 City Council meeting: Current Events Local Federal Colorado Cannabis Therapy Institute Englewood's Moratorium Make educated and informed policies . Considerations Patient needs and safety Caregiver nE:-cis ar,d safety Medicine availuLility and competitive pricing Dispensary safety and cleanliness Other preparations safety and cleanliness Surrounding areas safety and cleanliness Fair licensing structure Zoning issues Purpose of Proposed Task Force Gather, discuss, organize, and present information pertinent to medical cannabis and related policy considerations, making recommendations as needed. Proposed Task force lnvoJvi-m.en.1 Core Members SuggesttQO Jacqueline Ed\,11rds, Patient Advocate Erin Marcove, Cannabis Medical Therapeutics Mayor Jim W<>odward Council's choice of an additional Councilmembcr Council's choice of a City representative Council's choice of a law enforcement representative Englewoo<l City Coundl -p,c• 1 No,·embcr 10, 2009 for ?<!~ I City Counci l Mcl'ling, No\'emlwr 16, :rno9 Page 2 Core Members Suggestion Ccont'dl Council's choice of Englewood Public Schools represcntati\'e Tri-County Health Department representati\'e Other Possible Represenmtjves Legal patients Legal caregi\'ers Englewood business people Englewood dispensaries Englewood neighborhoods Greater Englewood Chamber of Commerce Business Improvement District {BID) Englewood Citizens fo r Open Government (ECOG) Orcha rd Place and Simon Center Public Housing Others? Proposed Task Force Responsibilities Meeting and reporting regularly Holding open public discussion forums and educational sessions Gathering mput from interested parties Preparing reports and presentations for Council and others Participating in Metro area and state,,ide policy groups Maintaining archi,·es, articles Stayi ng abreast of statewide developments Educating Council and the public Maintaining contact with other interested parties M:1king recommendations as needed How City Can I lelp Assist \\ith Medical Cannnbis Task Force formation A small, regular stipend to cover office supplies Meeting rooms Rulk printings and mailings Staff for Minutes and anr other City-required legal documents. Thank you for your time and t-onsiderntion. Wear<' excited to continue our dialogue with you on Monday, November 16, 2009. ,Pt~,..ber '1, J.OO"f • • • • • • I) 2) 3) 4) s) 6) 7) 8) 9) Topics Presen ted About Medical Marijuana aka Medical Cannabi by Jackie Edwards To nglewood City Council on ovember 2 , 2009 Presented for Englewood City Council reference O\'ember 10, 2009 ~i--, Moratorium is in piace-extend if necessary for education and information Amendment 20 to Colorado's Constitution and Colorado Dept. of Public Health & Environment's Medical Marijuana Confidential Registry Educated and informed ordin ances an d codes are needed Medical cannabis is a legiti mate medical fiel d There are many levels of pri mary ca regi vers Medical ca nn abis gr owers Medi ca l ca nn abis di spens ers and their employees Pri vacy pro tection ri ghts under Amendm ent 20 City Lice nsi ng 10) Im provi ng quali ti es of li fe wi th medical can nabis 11 ) Al l drugs and herbals carry risks 12) Legal patients and their caregivers need safe access to medical can nabis 13) Booming industry in Colorado 14) Substantial sales tax revenue 15) Resources are a,•ailable-Colorado Medical Cannabis Policy Group 16) Propo forming a medical cannabis task force or committee 17) Dept. of .Justice has lifted raids in states where medica l marijuana is legal 18) This is nn opportu nity fo r Englewood to be policy lea ders 19) Num erous hea lth and med ical fa cili ties in Englewood • • u /2 /09 Medical Marijuana Speech Notes Presented for Englewood City Council reference 11/10/09 .~,,,01 Jackie Edwards, Englewood resident, chronic pain & illness patient; also, patient advocate Medical cannabis dispensaries moratorium is in place Amendment 20 to Colorado Constitution approved by voters in November 2000, effective June 2001 Need to make educated & informed ordinances & codes. Medical cannabis is a legitimate medical field. Become familiar with Amendment 20 & CDPHE Medical Marijuana Confidential Registry. Many levels of caregivers: Not all grow or sell medical cannabis o Home bealth workers o Parents of minors o Adult children of aged/ill parents o Nursing home residents caregivers Growers Dispensers Cannot enforce penalties onto caregivers fo r upholding their privacy rights protection under Amendme nt 20. Uphold health & welfare for all. Patients may grow their own medicine. All dispensary employees need not be caregivers or licensed . Only 1 caregiver allowed per patient at a time. Patients may change caregivers at any time. Sick people find qualities oflife improve by ingesting medical cannabis. All drugs, even over-the-counter & other herbal remedies, carry risks 8r the potential for abuse. · 11/02/09 Medical Marijuana Speech Notes 1i \d0~ Presented for Englewood City Counc il reference 11/10 /09 Page 2 Not a ll people who use drugs are guilty of abusing them nor are all drugs bad. Understand Amendment 20 & consequen ces of any rules City instills. Amendment written to provide safe access to medical cannabis by legal patients & their caregivers. Enonnous amount of topics concerning medical cannabis therapy & the industry. Medical cannabis is the fastest-growing industry in Colorado. Projected to bring in substantial amounts of sales taxes. Statewide ret:.. rces are availaJ:le to us. Englewood could be part of Col orado Medical Cannabis Policy Group. Use resources for education about med ical cannabis, Amendm ent 20 interpretation, & policy. Fonn an Englewood medical cannabis task force or committee. Group would research, coordinate, & address issues revol ving around medical cannabis businesses & their itnt,1acl on Englewood neighborhoods. Involve people from public, City, people who work in medical cannabis field, & others. Progressively address concerns. Task force or co mmittee would report regularly to City & others. l.egitimate medical cannabis patients & their primary caregi\'ers would be able to safel y & peaceably access medicine, according to Colorado's Amendment 20. Legal medical can nabis facilities would be free to peaceably run their businesses & serve their l egal patients. • • • • • • 11 /02/09 Medical Marijuana Speech Notes ,,.\1\0'\ Presented for Englewood City Council reference 11 / 10 /09 Page3 Dept. of J ustice: no more raids of dispensaries in states where medical marijuana is legal. We have the opportunity to be policy leaders in our state & would serve Englewood's people well by seizing this opportunity. In Eng)ewoo<',: Swedish Hospital; variety of medical , alternative, integrative, rehabilitative, & health facilities; Craig Hospital; veterans & other citizens who suffer "~th debmtating illnesses & pain Are disabled people-including veterans who fought for freedom--& their caregivers now an isolated, targeted group in this city? Mistake to interfere with legal patients' access !o medicine. License too expensive for low income. Pay for license to change caregivers? Pay for license, even if not growing or selling? Amendment 20 addresses & lr.,galizes th e manufacturing, production, sale, distribution, & dispensing of medical cannabis. Better to place licensing burden on these activities . • LOCAL • J M EDWARDS "Cannabis Therapy Institute· <1nfo@can•,dOistherapyinstitu1e.com> <jm_edWards@msn.oom> Thursday, October 29, 2009 10:39 AM Colo. Coull ot Appeals Restricts Patient Rights Read the Colo. Coun of Appeals opinion here: hUp://www.cobar.org/opinions/opinion .cfm?opinionid=7372&counid~ I The Denver Post Appeals coun: "Caregiver" must do more than grow pot Posted: I 0/29/2009 09:47:44 AM MDT Updated: 10/29/2009 10:34:36 AM MDT http://www.denvemost .com/search/ci 13668544 The Colorado Coun of Appeals has upheld !he marijuaM cultivation conviction of a Longmont woman, ruling that a person designated as a medical marijuana "caregiver" must do more than just S11pply the drug to patients . ln a special concurring opinion, Judge Alan Loeb wrote that Colorado's coositutional amendment legalizing medical marijuana "cries out for ~slative action.• The case involved a woman named Stacy Clendenin. who in 2006 was charged with cultivating marijuana in a Longmont home. Clendenin argued that the marijuana she grew in the home was then distributed to authoriud patients through marijuana dispensaries. But the appeals court ruled that s imply knowing that the end user of mwijllllllll is a patient is not enough. Instead, the court said, a care-giver authorii.ed to grow marijuana must actually know the patients who use iL "We conclude that to qualify as a 'primwy care-giver' a person must do more than merely supply a patient who has a debilitating medical condition with marijuana,• the court ruled. The ruling, if upheld on appeal, could change the process oow in place to supply the burgeoning medical marijUWl8 industry in Colorado if the Colorado Legisla!Ure doesn't restrict it first. Attorney General John Suthers applauded the dccisi.>n. •1 am pleased to sec the Court of Appeals' has provided legal support for • ur case that a caregiver, under Amendment 20, must do more than simply rovide marijuana to a patient,• Suthers said. "I also was pleased to sec the assertion in the special concurrence that Amendment 20 'cries out for legislative action.' I could not 8IIJCC mo.re. I hope the legislature will 11/4/2009 acl w,d creale a regulatory framework lhal gives subS1nncc to the Court of Appeals' findings ." Roh C my, who rcprescnlcd Clendenin, could not immedialcly be reached for comment. He had previously argued that by restricting the ability 10 grow marijuana for medical patients, the government would essentially be overruling the voters who approved medical marijuana in the lirS1 place . Stale Sen. Chris Romer has said he plans to introduce some medical marijuana resuictions when the legislature convcocs in January. Bui House Speaker Tcrrancc Carroll bas said he does not believe further regulation is a pressing issue in the state . Cannabis Therapy Institute P.O. Box 19084, Bouldtt, CO &0308 Phone: (641)715-390Uex1. 70966 Web: hnp:l/www.cannabjs1hcrapy1ns1itute.com Email: in fo@cannabisthempyjnslitule.com If you do not want to receive any more newsletters, hllp:/Qcvel lcrs .org/phpl jst/?re,insubscribc&uid .. 174 2663 ff 4deb3b6ca88c 7 4b 7n08b3 h I To update your prcfereo~ and to unsubscribc visit hqp://levellm.org/phpljstf?Jeprcfcrences&uid• I 74 2663ff 4deb3b6ca88c74b 7a08b3b I Forward a Message to Someone ht1p://levellcrs.org/phplitl(hrforward&uid=1742663ff4dcb3b6ca88c74b7a08b3b l&mid=45 Powered by PHPlist. www.php list.com - Page 2 of2 • • • • • FEDERAL • J M EDWARDS • • "Marijuana Pcicy Projecr <rob@mpp o,g> <jn_edwards@msn com> Tuesday. November 03, 2009 11'13 PM Voctones In Maine ;nl Colorado l0nighl Marijuana Policy Proj ec t Alert Dear Jadde Edwards: Greo&-,r-~ bllcl~.one 1n Maintand one In a ski !own in Cdcndo, won In \IOling boolhs on Tuesday. By i59'lf,,41%, Maine voted 10 become the 1"ild sme 10 - ......,,...,.._ lo pravlde medlcal .,......10 qullli6ld ~ /WJ by_, ..,.....,..'II T;ni..z7'!1,, lllecbnidgl, Cd<ndo IIOled lo --CNS tho :I:: ol21 ID-up1Dlnounat ol ...,...,.., ~C:,.~inltia Ml was spearheaded by MPP pll recipient Maine's new law is eoannously ~ Wille 13 _,,. pormil ..-................ ,_...,Rhodo_and __ hlM had INs dowlng disllenlaries. b0III of whidl wn ldDpled by !he-· legillahr& Pallonta In !he --hive had 10 gn,w lleir c,,,n ........_ lin:t _,_,.., pn,an I IDr ....._ cw buy k fnlm theairMalmar1tel. Tcni,trs Ide is a hnalica,p lolward. the 1rst time that-,--. .-S hlYe authorized the llate gcM!<nmenl lob...,-., ffl8lil,ana ..,,._... Ccrrina •decade.._ pasuge ol Male's criglnll,,....11Win1&.taioatuget1gn11,a1.o1n..., comlartal,le wil!I -lawa, and also I sign 1h11 !he -chaf1ge ol policy fnlm !he Obama adninllllatia, io tamg a majar iffllact_ The new Maine law Ibo expands !he runber ol a,ndilions hi make a pi,tior,ltlglllelormedlcal,.,.... -and~pat-from -.. ~ houmg, ecM:81ion, and child OJSl0dy. A,_,ol_lWICl_...,.pOlcyrebmOlgll1izabOns_,. ~ for !his Ylctory: MPP go( the momentum going by dmling thelnilia1Mland~~bdng10Maneilizenslor Palilnls'Rilta,andllt Pmq-Aliancepro,,idodauislancelo help COffll)lele the sigM!unl e . We .... __,,on OUl 6Mle, ao ,_ ,s !he time 10 push even harder fa, change Rial>~ Exewtive Dllocto, Marijuana Pmq-Pl'Ojed Wilslw,glon.O_C PS We are happy 10 be hlnlmg YfM ~ not 10 reoe,,e donatJCltl p,lches from usr, °"' e,mai -..is t-...er. d you d1ango yo<.< ITWld November •. 2009 !l!W..!n..'.tt $1,l.U,626 ~ Sl,350,000 ....... bo_,._ ...... ~ .. aJ12QCl"'111AsQ!lr'JW ""'"----•MIi ~ ear.t,ujana ID WPP .. Nll-- dlduCl:lill. lo ffllN 1 1M4eCM::libll --1!1!1 -UMa: • MPP)hQnmW- • m..ll!ml • ft.lll • £Ml • $Wt-bt;,Mt Q.tgl ![,QlP]I m • MPPDCWIMWI • 20QI..,...., • Dow,:pd tw,skNls • Abcdtwwrwnfdlcr eiaa • Yea:::eNrtetnte 'JJI -~ ___ ..,._ T•----...-,...,..._,_ ID Si P-4W0eM :!9 --v ...... --. ......... bec:tuN yau .. u.at,ed ID MPP'I ........... To .......... _ ........ _ ..... ___ ,_...,,. ... -...,., ............ . -!il!llll!l ••.__, ..... . ffill Out ftllll,g.,. • -t MPP, 2311-•.L,Soilo ,OOO.-l'"002 11 /4/2009 • Medical Marijuana ProCon .org Should marijuana be a medical option? Medical Marijuana ProCon.orv in-,ts laws , sludies, llatislica, aurveya , govemmen1 repons , and pro and con Ill~ on qlMllonl rela1ed to ,.,.;Juana es medicine . For lhe bell overview of this -bsl1•. slllrt wftll lhe four boxes below: Ullnui. Onrvlew, expert~ to our CON qllN1lon "Shoold marijua na be a medical option?," Top 10 Proa and eon., and fun lacta In Did You KnoW? [Note : W. do nor provide ,e,-,..i11o or recomm~lion• of marijuana dl.,,.,,sarlts, cannabis clubs, physicians, or artomeys although n do ,.,.,.,,.,. lhem on fflls ...,,.118.J 1-Mlnute 0v9'Ylew CON0uutlon Top 10 Pros & Cons Did You KnOW7 For man, lnlonn9tian browN the left coum -• reed proa and CORI In the iMIIIII below, or Yialt OU' nollcee MCllon lcr our moat ,-itaJl'lllnl. Con,Qwellon ' Sl1c)u;d,,.,...,,. be• meclcal optiOn? llecllcal v.i .. • Medical v ... ►Anwtcan MeclcalAaoclatlon (AMA) I Martnol Y. Meclcai ~ o .... 1Condllona • AIDS (11V) & AIDS Wating • Alzhelmra OIMeM ►Appella/NadU •Mlwflll • Mirra/ Btwlhk,g o.cnier. ►QlllllllhiilJlt ► Crohn'1/ GMlluiMtitoal Dlaonln ►Epleiley/Samne •G!a1001'1a ►HepalllllC • Mlgrainel ...... Scleroais/Mutde Si-nt ►Paln/Anllgeala • Pa,ct,aloglc:al c,,,cltiona ► TOIAlla'a Syndrome ►Tennnlly ll Non-tmolrad Marl)lana • Medical v ... & Rill< Pros and Cont by l11ue Publlc Polley ► Public Poley on M~!cll M~ Rlab • Madical Rlalcl ►T .... &~ • GNwey / Sllpplng Slone ·~ • IVIWI Repoduction ua ~ an11 lladlclll 11u11- • 1990 inlCIIIAl of Medicine Report ► l.agal us Madlcal ~ Patients ►Drug Entormma,tAa1 •illllallcA1 (DEA) • Food & llNg AdninlRatlon (F0,4.) ► Fednl Drug Scheduling ► Gov9mmenl GruwnM~ "-ID lladlclll ...,._. ►Cllb/Cllnica ► Douga / Polllney •Patlenll Lepl ...... •Lagal'--lorPhyalclana ► IJS GoYernmenl Y. Plillera / Cfink:a ►Generall.egal ...... Cllamlcal Compoelllc.n of...,._ ► ~ 111d llllBypn,ducll Defined ► 8lologltal Efl9dt of M"1)uanl Conlumption ProCon .orv Hollen --,o drtt l 1000/2008-UPDATED: "lhpyfd md!Ww t: nzst tnd?" ll (45 KB) RNII ourM-pega pro and con docurMnl about wt111sn..-lholjclbe,....,IO&:t.u. na Al otlOw.-, inllNdof b CUffll'ltc:lllllllcallol lnSchedulelwlllidfUIII ... LSOllldliMtsl. 1W'RZ008 • UPDATED: l'lmlsllal'Ym ILX 1 I::.... -Saa IIO phylldanl' ._ot1wllllwor not_.,_ \~be• medical option. 01r,.-.i ~ non hi 54.4% rA phpldaradltd on~procon.crg .. Pro .,...,_._, ~Dr. JohnA. BeNOll,Jr., oneoflhe81ihortoflhe 181111inlllularAMedclllll9l)Oll.,_...,.and ltladlclnl: "--'II the Sdlra a...· 1Wl&'200II -NEW: ...... tar llPb Dsbe£' Ii t ;s Ou1x -11 ,au'n► In high ldlool, p1we 11a .... 10 quNtioll 1111WY a1xu PnlCon.org. all0II llllnldng, and )'OU, • 11/4/2009 1012Yl009 • uro.-. TED: I• madlu1n1 an an,gjve llwroPol Jpr [ldudnp DfUlfl and xomltloa ftOrn c:hemg010Q:(1 101111t'2009 • NEW US o,,,,,,,.nt of Mli!1I ,.,._,..,... DtOffCldl>A 09I 19 lllptl lndfvtduM wjd, cance,: q 9lbol pjgyf Ft lo "11 13 fllln mt medlqd flWBMlna II IIAMI See the ful memo, the pro ■nd oon OIWlionl on Ille ,_ palcy, and--10f7fl00/i • UPDATED: hmllll o(JuchloA Coolortmlc' IM:r Ave~ f9ctl ■bout !he beneftta ol critical lhlnldng ■nd 28 ar1fcles, ..-. and boob ■bcul ~ ccnlrovenlial--■ In !he~ 10N2008 . UPDATED: How m...,,,. Art UIIDA ProCon.om-678 -1n ◄9 -■nc1 1s aionr1ot ... ProCon.0111 In.,_ K-12 ■nd ..-wry --., plans,_.._., and IChool librarle■• The lilt It compri■ed al 113 ~ and -8Cfloolt, 2111 ... tchoolt. and 302 colegel ■nd lffillllltiea, 1IYS/2008 •UPDATEO: j W9C "llmll!Ad ProCon.om · 11 :...onplan ldonlor..:ng PR>Con.org lntheduoroomto «,g11g1tat1k:allhlnka,gwNio~ 15nllllonol~- AIJNrtd Nobt (■rc:lw9d alot 30 days) l.nl u,,,,_ on 11/2121)/)f 4:42 l'fll PST -019, • I01(cM>) nonprofit All rtghtl rnttvtd u:,-a,,4.11u11o200,s.rca-.c.-.,.., Tel:l10-4J1.ffM Fu: 310-3t3-2,O1 httD:1/modicalmariiuana.orocon.orv/vicwtooic.aso?printctrue I )/4f2009 • • • • • COLORADO ..i...---· c-l .,o,,ooe11.o•~.f--l)enver Judge Overturns Medical Marijuana Rulin11: ·--...-. ........................ ~ .. ........ ............ .._ ............. -.a\. ...... ____ __ n. .... ......, ................. .,. ........... ,.... • .,.., .... ,.,..cw. ..... tllll ........ ....,. ___ .... ,,... .................... ... ......... ...,,_ ........................... _. ................. .... fOJDOln.--... ..... ,....,.. ...... n. __ .., __ .,..........._..._ ............... . :t.lrilM ' ~ ,,...,. _ .... ,,.... ..... .....,_ ~,WUO,AOllfarnlaRol .. ~ .......... ,_ 1cr--. ...... ._,-c:-.. _____ ,_ • .,_,....._ ... .,,,To-.OMI __ ,_oe.."IT•O.--T" .,._,._.~ ........ ~~..,..,, .... ·----... .,_ 'tw•--.-· ... ,....,. ____ ., ............. .,,.... ... -- Show Comments (o) tDa-... .......... - Cannabis Therapy lnsl1tutuc • Medical Cannabis (Marijuana) Research, Education and Advoc... Page I or2 • ■ • cannablS TlleraDI IUll■le Ho-l A"'-IPol~l l'atlemalCarql>en Cannablo-Dir-,, I Spomonblpo lt....-m 11.qpll Imo. I N_,.• E-Ai...,. 11"7Colondo Cannahu I Ahaul u. I L1nb 1,._ N.,....ettcr Board of Health Hearing Update Nov. 3, 2009 Tbemruereooe "'°"' -pod<ed and the phone Unm ...-.jammed. The Boord a( Htaltb vottd oocldecethdr d<&itlano("""'1ificant ,_,.;biBty" from thm-nlloo, lor,q tlledelinition of "primo,y~ doodod ... -by the Court of Appeobthoonlyddinitloo. whld, -· ..,...t--pnMCle a pollent ..tth other lOMCOI In ocklidon IO medldne. The~ will be• full public bearing on this taoue on Dec. 16. Medical Cannabis Ruling May Affect Col orado Caregivers Reod th• Colo. Coun of Appula opinion hul! hm,,· /(www tobgr JMJ/OOmloos/PPinion t{n,7opinionid • ::rn&rourtld•1 M«llcal Cannabll Ruling May Affect Co1....to c.r.gt..,. Forlmmcdiate-Ocr. -.,-, Coni.tt: Cannabla ,,_PY ln11hu1< Pllono:(641)715-390<><><1.?0966 1bo Colorado Cowl of~-• ru!q today (10/29) crming the fiDt -i.w on Colorodo"a Modlcal Marijuana Law(Mlde lMU, Section 14 of the Colorado Conldtutlon). 111• court ruJ.d I.bat a medical mo,\IIIOPI con,g;,., mu,t know thdr patlenll ponooally and muat pOM<le them with other aoMOIII In addition 10 the a,:qulaltlan of -9o,J awjjuanL H......,, tbo dodlion ...,.1n t11e 111P1K of• clofondant who -.-'befin• the Colorado 0epa111Da11olPul,lcRmlil,and ---ruleatbla....-darlfylngthe pod,ri/can.i-..i.tionoblp. So the Court ol Appeola oplnlon may not bne aoy Immediate baring on medical marjjua,w cmgj,on c:um,ntJy opentlrc In eompllu,oe with U-rulOI and ~ but lt -ahowlbo futuftcllroctlon theCowt lalikdy IO taltcoo thlo laue. Road the Colo. Court of Appalo opinion here: l.!W'·"''"~""· mbar nCJloui nfons/cminloo cCm?onin iooid 7~~ ;.1 The oplnlon-llaiod m1 0cL 29 In tho-olCokndo •. Clmdmn. Staci Clondlllin-a consi--lnloUlda-Counly ___ ln_2006olmarijuorec,,ltiymonand --the riglll 11> have patlmta t...iry It her trial If thoae potlenll dld not know Stacy _,allywlilluhe-aervlnguthelr..,..;,,.... Herattcm<y, Rd>Corry, 1iguod In the appeal that~ la no law that r<qU!rea the primary cu..i-to'""" faoe.to.ll<o ""'""' with thepltltnt and that the trial mun emd by IIIMlngaa atl,ltrarydeclalon to p<ownt polienl -from llllifylng. Cony argued that theQJlondo-lloan! o(Hcallh ,_,.iy aupportedCony'11ntcrJ,ntotlonoltheLtw,ln.-ruloathalwmtlntodfeclonAuguat30. 2009, which llale that "algnlficant ,_n,jblUty" ooulcl """"limply prov!dlng • padent with mtdlcal marijuaoa. ~t~•L'"-,,..,,. rokudn..a20 0,,m/OC'"ltrkosl,,•n1.nJ. !rnr;{lwww rdPbcSl•t• co mJ)ilhnedir•lma,jj•!.'IBl,\~~"~'llf Rob Cony lalod 1 -~ to the Cannlbla Tbenpy lnotitw that aid: "Ibo Court al Appoola'oplnlon lanam,wandt,yl11own-onlyappllea11>_wbo_,. to trial l>Jo,-eAl,ga 30, :IOO<J.theefl'ectiyedalo oltheeoi...do lloudolUelllh R,gulallcNw fllO"ldlng thet • ponon need only provide medlcine to ootlafy the oonllltutlonal dellnltlon o( .,.,..i..r. (S..-13-1◄ of Ocndenln opinion.) Thml 1.e..-.nging10ndmen11 in Judge I.orb'■ cuncurronce. wt,,,w he llales ~ mule! bo lqlalatm, clarlllallon to correct • pcalble ■ Cannabis Therapy lnstit:utue -Medical Cannabis (Marijuana) Research, Education and Advoc ... lndprce,,ction lor~ In tho oupply chain. We wlD-certainly 1pp,al thloopinion to tho Oilando~Cowt end wll be-'dng with the l,gjtlatlftifk c:homs to follow Judge IJ>tb'• guidance and prooocl oll llJpptim a( O>Odidne.. Jf6Ccd.• Bauldor_..,,who~ID-iical lllllrijuonalaW1.hod1more -viewott11enw,._ 1Ua_aoyo: ·11ilmorecridcolthan...,.toviowthomedicalmarijuanalaw,,N~•poooibl<. Uomtheamdmlr,-tbec-t alAppaltniled that theprimary~-defer-.dooano1..,plywberethep0¥Wonal-;;,-lllllol{tho-altbe n!latianehlp.italbn,,IDldproaiml,e.....i-a..i.o--1111-.ClnlMn&_,.mcn thaamltlwoling.,,JJar~ medlml -V...... to )'DUrpotlent andany ....i, ldlvttloo -bellmbdaaly1Dpal-.whobaft....,.i,-1Dbotholr....,.;-.~requirca • pmonel ~ml~medlml-V,...tDywrpotimtleaaly-...npan or tnaNCln& tho pe1ent'1 ~· Olfidallwltb-·a......i~...,.-wlDbo-,.wltbtblir- ,_,...IDdlmoatbe""'11mpacto(thorun,._wi-""'°"howthe~-,ld-tho R,ptry"1nalm, llarlt9alor, .,..._ ti,, thoColondo ~ all'llbllc Heolth and -dlthtcndoot, -n.o.i--wmbo~thoCaurt'a NH,.andthe pcaable111.-,tal--'-iio-niloa........d)'lnpla,ee.' l.an~~btheCamN!,ia~1-'--no1....,,...tb,,thoruling. -Webopolbl,haaoo..._.......,.-...,...,..-,_,_tDtlieir-,...s woarenotln-olaay __ .....,.._thllwlD_mdcol_tbnpillor ~nlotlonablpa: Iba aakl. "ff-, ""do lall thot-,tbllll thll-eotr ........... boaior .... aldllirpaliom ... aalybopdfortlle....-, lfClll'IIIM'" ltrifttD-tliolpirlla/tblacloiWon.,..,_,apo<tm.lmic:oreforpotlaa.....UID lmpm,o,"ohellld. 11 ........... dadda to-tlmdadalaa •• modolan how ID run tlllir.,._arlD• up pal!tnt----potie11aand-wlllthrM,"■.n-11y'llpllOnalthe am,w...-c.np,..Ooopnd-... 'Thilmald __ ......,..that ~~---_...... ................. __,._........,.._ tblir..-. 1WlwlDoa1),-1Dboolltlioladaot,y1D--al-forCKlf potlmdo." ,.., Carllllilla'lllorwpJ- P.O.bt9014.8ouldar,008c>301 Pbono:: (641) 715-3900 at. 70966 Web: bttp:/fwww~m -~ ~,,,....,IIIIIIMe P.O. lol 190&4. llowder, 008a:Jo8 PbOK(641)71a-3900m.?0966 Web~ WWW tanonblllhernll\'i~ Email: lnfoteqnnablJthmo>ioSitutc £9tn • • • JMEDWARDS From: ·eamabis Therapy lnsutute· <onfo@cannabistherapyinstitute com> To: <flTl_edwa:..s@msn.com> Sent Monday, rw,ember 02, 2009 820 PM A,bject: Emergency Board of Health Meeting on Tue,day llllll!mcrgency Board of Health Meeting on Tuesday The Board of Health bas posted a "Notice ofEmergency Rulemalcing Hearing• to be held on Tuesday, November 3, 2009 at 10:30 a.m. This hearing proposes to eliminate the Board ofHeallh definition of "significant responsibility for managing the well-being of a patient", since it conflicts wd1 the recent Court of Appeals interpretation of the Constitutional dd•nition of "primary caregiver" contained in the People v. Clendenin case. 1 ac Court of Appeals ruled that a person must do more than simply provide ocdical marijuana to a patient http;J/www,cannabistherapyinstitute.com/legaVc)endenin.opil'ion.html This is from the Board ofHealth IIIDOIIDCelllClt: Pursuant to C.R.S. 24-4-103(6), the State Board ofHeulttJ will bold an emcrgeocy rulemalring hearing to consider the repeal of 5 CCR 1006-2, Regulation 2(A)(iii) (definition of "significant responsibility for mamging the well-being of a patient") to remove the rule's confl ict with the Colorado Court of Appeals decision in People v. Clendenin, No. 08CA0624 The emergency rulemaking bearing will be held by teleconference on TUCSMy. November 3, 2()()1} at 10:30 un. The teleconference will be held in the Snow Room, I st Floor, Building A at the Colorado Department of Public Health 1111, anvironmc:z,t, 4300 Cbeny Creek Dr. South, Denver, CO. Please be advised 9il1 the Snow Room accommodates 20 people. You may acccss the telec:oofercnce as follows: ACCESSING BOH TELECONFERENCE I) Dial the conferenccacces., nwnber: t-866-899-5399 2) Dial the conference room ownber: '3529725 • (Note : the star key must be pRSSed before and after the room nwnber) 3) Wait to be added to the conference. Read more about the Emergency Meeting on the Department's website: hup://www.cdphe.statc.eo.us/hs/mcdjcalmarjjunna/ Pn-•oided as a Public Service by the: Cannabis Therapy Institute P.O. Box 19084 Boulder, CO go3og Phone: (64 1) 715-3900 ext_ 70966# Web: http://www.cannabislhcrnpyinstjtutc.com Emai l: info@cannabislherapyjnstitute,com Pursuant to C.R.S . 24-4-103(6), the Stale Board of Health will hold an emergency • rulemaking hearing to consider the rq,cal of S CCR I 006-2, Regulation 2(AXiii) (definitioo of "significant respm;bility for managing tbc well-being of a patient") to remove tbc rule's conflict with the Colorado Court of Appeals decision in~ ~ No. 08CA0624 (Colo. CL App., October 29, 2009). A copy of the proposed rule and emergency justification is 81111Ched. The emergaicy rulcmaking hearing will be held Ir, , 'X' •nfercnce on Tuesday, November 3, 2009 at 10:30 LID. The teleconfcrr.r...e-.,,ill ~ held in tbc Snow Room, 1st Floor, Building A II tbc Colondo Deplnment r f Mlic H~th and Environmfflt, 4300 Cheri)' Creek Dr. South, Denva-, CO. Please be edvi9cd tia.t the Snow Room accommodates 20 people. You may acc.ess the te'r .-ufernce as follows: ACCESSING BOH TELECONFERENCE 1) Dial the confaa,cc access number: 1-866-399-5399 2) Dial tbc confmoce room number. •3529725• (Note: tbc star key must be pressed befm: and afta-tbe room ouxnber) 3) Wait to be added to the confcm,ce. • • • COLORADO REGISTRY Colorado: Department of Public Health aad Environment, Colorado Medical Marijuana Regis ... Colorado The 01lldal Sbll w.111'111111 ••lorallo D1p1rtm11t of P1i.11c HHHII 11d E1tlro1111nt -----Color1do *dlcal M:irljuan.a R1glllry Registry Homo ....,OOc:U'Nl'II °" ....... PDf .......... ,_.....,_d...,._ ---· "';.~ • The Colorado Medica l Marijuana Regl9try llodlcll ....... Raglnyl'rogtwnUpdnt (• of .U, 31 . 2008) ln---2000~--~~-20.and ... Colcndo DlpMnnofNlllc_and_(alf'HE) __ ...,~_ ~---....... ,_.,.,__,.1n-of2001, .. _ofColcndo-.i of-----~and---~lo--~of .. _....nan .h.r.o 111, 2001 , .. ,_.,.,bogon~and~ ......... lor~---of .. ,..,,.,lntLoclo: • 13,1112,_.-.~---IO-llnca .. ..-.,'-1~in Jwlo2001 .~(211)~---.,·----.210 1)111111'1 r..dlld, 111d 1,751 Clldl hM lqJnd, bltnglng ._ tolll 1U101, ol 1)11111111 who ~--R...-,10cardllo11,0IM. • s...nt,.._pennof __ ......,_ .. .,.._ • Tho-lOl1'11 ... 1141.Cdnwillyllll_,.n ....... (....,lllollll0of18). • Rly-percw,lof---ln .. __ .., __ ..., .. __ 01 ----ln-~Colcndo . • ~an--~_... .. .,.~----20 . .......... _..,_..,_of .. ,.._ ___ .. _ -~--~ • --poantof.,..._....,_,pmwy-...,(-whot. ...,__...,..,~ ... .-,, .... ,. • O.. I00 ....... ,,.,,._._ 11g,11111or.-e 1n Cclorldo. __ .,. __ ..,,...,.,..-.;ofll--. M ofJl.llo14,2004~-notongor--. Mof .inay 25, 2001n, I porlon oflllo,,_..._....., __ on lllolr .............. /'W alDdobet 27, 2001 II opplcollono. ,_ and --lo h ~ muot be IUbmMlod .to mail ffll lncludo I llgl,lo pt,alo copy of Ille .-,ra Cdorado ~-F-and emoh wl no lonOtt be ICXlll>lld, /'W of~ 1, 2008 lldw9>110 lho ~-be ilgr..ibl' .. ~making Ille chat,ge lnl>U~ ln-lO~ .. Rogilry.alPIE ,-_,c:1.-god...,~n.-,g ~IOldd_lo .. a.l1Wllliltof~-.... -•'Of•• ... •-. To-loll' ~---. ... ,.,__, .. ___ ..,_,_..,,,_,,_ -lor-Dlloftlar,Al~-~-•1Dlldlof ____ ... __ _....mi,t_, __ ,__ ___ ...,..__,of.-._on .. ~,andno.,.,,_. ----~-.-.............. __ __ ____ _.... _____ ..,_..,.,... __ No_.itunda--~•---and .. --CDPHEIO --IOCCMt .. -COllaof~--p,,orwn.ClaronllrhfNi&SIIO, .,..._......,bl'COPHE. -n.1oe--1r11ms11oan.....,.1,2't17. -quaolionl--~ ~o1-, ._. Tholaw-nol .._iy--mt,j...,.plonlo,-,be -otltwootffl019.-a-~may ---giww,g-~~---..,..,,~----------.. _.,-o1..,..._p1on1o ...... --. -.11r9ldlld~• o d-c:ilb1nollD-,tla-cl"-,.,acqu11111.11c.~ T...._► ,-.,......, ~ 11 /412009 I Coun!J! I Numbtr of P1t .. nll I Per~nt of P1U.n1s I -739 7% ~-15 <1'JI, •-hoe 959 9% --25 <1'J1, -11 <1'JI, • -5 .,,. 1166 11% -107 <1'JI, -43 <"1% -4 <1'JI, -c.-37 <1'JI, I~ 4 <1'JI, 13 <1'JI, 11 <I'll, I -85 <1,. --1518 14'JI, 1 __ 8 <1'JI, 339 3"' i~ 85 <1'JI, 1157 10'JI, :Ill <1'JI, 85 <1'J1, I •-105 <1 'JI, -55 <1'JI, 48 <1'JI, ,_ -57 <1'JI, --4 <1'JI, 47 <1'JI, = --<1'JI, ~ • -1272 11% -Cnon 3 <1 'JI, _..,_ 111 1'JI, ... S4 c1'JI, -1 013 9'JI, --22 <1'JI, ~ 5 c1 'JI, r -15 <l'JI, 1 1-3113 4'JI, I --17 <1'JI, I -~ 31 <l'JI, 12 <l'JI, I -15 <1" -50 <1'JI, -11 .. -81 .,,.--= 8 <I'll, -81 <1'JI, I --5 <I'll, n 11IO 2'JI, -8 <1'JI, -8 <I'll, -· 47 <I'll, ~-'Z7 <1'JI, • Juan 20 <1 'JI, http:1/www.cdphe.state.eo.us/h3/mcdicalmarijuana/statistics.html 11/4/2009 Colorado: Department of Public Health and Environment, Colorado Medical MarijU81lll Regis ... "'Oooonol odd to, __ -...-~ua,g-....... lor --ont ~--- Tobit II: UW Chnclortlllca r =-r;;_~"' '° 4J -Tho ..... _ageolllpallltltlll ◄lr-ocld. • __ ~Mar,-naReg~ 4300ChertyO....OrM_Scuh lNS\IRD-~M_P•A1i C>ernw.~802~&-1!~ medicll~\!_C:OUI -•-02000_.,~ .... o..-.co htm://w,vw.cdohe.state.co.uslhs/medicalmariiuana/statistics.html 11/412009 • COLORADO MUNICIPALITIES J MEDW ARDS ·cannabis Therapy Institute· <info@cannabistherapy institute .com > <jm_edwards@msn .com> Monday , November 02 , 2009 2:28 PM Subject : Policy Group Releases Draft Medical Cannabis Bill Dear Supporters : As you know, the Colorado General Assembly is going to take up the issue of Colorado's Medical Marijuana law this legislative session, which begins Jan. 13, 2010 . Sen . Chris Romer (D -Denver) will be the bill's main sponsor in the Senate, and Rep . Tom Massey (R-Poncha Springs) is going to be the House sponsor of the bill . Members of the Cannabis Therapy Institute mel with Sen. Chris Romer on Monday (10/26) Lo discuss the medical marijuana bill. He said he had not drafted anything yet and was just in the information-gathering stage of the process. We provided Sen. Romer with the draft of a bill called the Colorado Medical Cannabis Patient and Caregiver Protection AcL This bill was written by the CTI Medical Cannabis Policy Group and is not an official Colorado state bill. This bill came from ideas in the draft ordinance that we released on OcL 6, 2009. Click here to read the draft : hltp :llwww.c a•nnbistherapyinstitutc.c om/lcgi slaturel • We were excited to be the first organization Lo provide a concrete example how Colorado's medical marijuana law could be clarified to better protect caregivers and patients . We thought it was important Lo take a proactive approach to the upcoming legislative session by drafting our own legi~lation instead of waiting for t. .estate to do iL We hope that Senator Romer will adopt some of the provisions of our draft bill. He has promised to work with CTI and others during the drafting process. At the time we met him, he said he had not yet met with law enforcement or any other organizations. We are actively seeking input on this bill from patients, caregivers and advocates . We will be having a public meeting to discuss the upcoming legislative session in the next week or two. Get on our email list if you are not already . Please send your suggestions and comments on the draft bill as soon as possible to policygroup@cannnbisthcrapyinstitutc.com. Please call or email if you have any questions. Laura Kribo Public Relations Coordinator Cannabis Therapy Institute a annabis Therapy Institute ~.O. Box 19084 Boulder, CO 80308 Phone : (641) 715 -3900 ext. 70966# Web: hup:/fwww.canruibisthcrapy1ns11nnc.com Email: info@cannabisthcrapyinst1tutc.com If you do not want to receive any more oewslcum, -hnp:/nevellers.orvpbpliscl?p=unsubscribe&uida I 742663fT4dcb)b6cn,:!\c 74b 7 a08b3b I To update your preferences aod to unsubscribe visit bttp:J/levellcrs.org/phphstnp--pn;ferences&uid• I 742663ff4debJb6ca8Sc74b 7a08b3b I Foiward a Message to Someone http://lcye)lm.org/phplisl(}p=forward&uid2 l742663ff4deb3b6ca88c74b7a08b3bl&mid=49 Powatc1 by Pl1Plist, www.pbplist.com -• • • C'annahis Therapy lnstitutuc • Medical Cannabis (Marijuana) Research. Education and i\dvoc ... Page I of I • II . . ' • • cannabis Therapy lnstnute Carmaol1 EdueallOl'I Resoatth and AdvoCIICy Hom, I Admc:ocy I Policymall.ers I Patlcnb I C&,qh..,,. c.ruu,t,;,, Busl.,... Di rectory I Sponoorohlp0 Ruc.,.ch I ~I Info . I New. le Even" AIW11ys 8 "7 C.Olondo Canmbt. I About Uo I Unb I F,.,. Ncwolct1 cr Medical Cannab is Patient and Caregiver Protection Act Cll<:k.Jw,,. .19,.!!gwnloao the or•h l!ill..(PDF) rhls bill was wrftttn by the CTI tledkM C•nnabls Pol,cy Group and is not an offkl1tl Coloritdo sf;Ue bill No,.2.2009 Th< Colorodo Genml -bly II going to hoke up the IM1< of dorifylng ~•• M.&al Marijuana la,w this IC'Mlon, whk.h brglns J1'n. 13, 2010. ~n. ChlU Rom~r (D·Dtnver) will~ the billso,aln-ln lhes.n.te.•nd Rep. Tom M....,,(R·Ponduo Spring.,)isgoiog to be the "--of the bW. Membenofthe CtflMbiaThenpy lnstiruto met wilh Sen. Chris Romer on Mond,y(oo/26) 10 discuathe medical marijuan,blll. He said ho bad ""dnfttd an)th!ng)<Und wuj.,., in the informotlan~"'Poftht-We ptomod Sen. Ramer wilh the dnft of• bill called the t'ulor.ulo Mt:thr~_t[_;um.1h11.f_;nwn1111ld_t'.nC'l,lln l'mtt"l"h,_,. \,;1, fllis bt11 u..w written by rhe en Mtdicol ConnublJ Policy Group urn/ (f not an oJT'oaul Colorado .<tote boll This bill came from kius in th11h .,r1 mrlin;mN-1hntSTJ rt·k•:L~ nn Ort ..Q.. Jou-9 w, ...... w:1t..itobethelintOf111NDllc,r,toprv...i.,ooncttte ... .,p1cof-Colondo'• tnedicol nwijuanolawcould be clarified 1obe11crpnr1«1c:aregivenandpotien11. We lro.llht II ww, imporunt to take a proamYO approoch to tl>e upcoming l<gislat.lYO -Ion by drafting our own qi,lalioo iMleod of wailing !or the Ila!• to do iL We hope !hot Senator Romer will ado9< -of the --of ourdnft bill He""' pn>adlcd 10-i. wilh en and Olhon ~the dnfting process. Al the time wt O>et him. ht aid he had"" l'"l mtt wilh law"""""""' or anyothtr o,pniutlona. Weare octively ...idn& inpulon Oil, bill f""" poti<nbo, mng!Yenand-We wiU be hr,q a public metdt,g todilaatheupooa,lna ~-In the .-i -or-. P1c,se eendyourtugga'llons 11nd comme.ntlon th&dra" btlT UIOOT\ u posm.Ole.10 , .. 1 I tjl ,111111\ ,!111•1. ll\11 ,lillllt-,·r11H, c.ruu,bt.1'hu-apy INtitute P.O Box 19084, Boulder, CO 8o308 Phone: (641)715-3900 t>(l. 70966 Wtb:111111 r,11111,11 11 1lwt.1p\111111111L•11•111 Em■II 111 .. 1.1•111.,l ·-.1h,1.111H11,hlt1I• IHI htto://www.cannabisthcropvinstitute.com/lcitislature/ • ., 11/4/2009 • • •• Me dical Cannabis Packet For Englewood City Council Submitted 11/10 /09 for 11/16 /09 City Council Meeting DRAFf: Colorado Medical Cannabis Patient and Caregiver Protection Act, Bill drafted by Cannabis Therapy Institute, provided to City Clerk at November 2, 2009, City Council Meeting by Erin Ma rcove. 6 pages. Encouraging the Economic Development of Medical Cannabis Businesses in C~lorado, A report by the Cannabis Therapy Institute of October 6, 2009, also provided to City Clerk at November 2, 2009, City Council Meeti ng by Erin Marcove. 10 pages . Cannabis Therapy lnstitutue • Medical Cannabis (ManJuana) Kesearcll, bducauon an<I A<lvocacy ... rage I 01, •• • cannabis Thlrln IIIUl•l8 C-Edtalion. RtlH/C/1 lflCIAdvouey Home I """""""" I Polleymal(en I l'llde1m I Caftgiven eun..1111 lkulau. m-tory I Spomonhlpo a-.reb I Lepl Imo. I Newt 1: Evaata AJ..-.;,,, a.,.Colol'lldo Cmmallu I About u, I Lbw 1 ~ N~r Encouraging the Economic Development of Medical Cannabis BuslneHes In Colorado A Report by the Cannabis Therapy Institute on Medical Marijuana In Colorado CLICK HERE FORPRIHT~ "--!Md October •• 2009 Table ofCoatala lntroductoO' Cover L&tter 1. Histoo of Cannabis Medicine n. Terminology; c.annabis vs Marijuana ID. Leu! Backnound rv. Medica l Clnnabil Economic Deyelopmrru v. Dnft Ordinance: Medical cannabis Business Rctulation <:annallla Thenpy lnttltute Mal/ca/ Cannabu PolfCJI Group Phone: (641) 7l5·3900 ext. 70966 Web : www cannabistherapyinstitute rom Em1D: oolimmun@canabistheraovinst itule ,oom Oct. 6, 2009 O..r Pclicymaker: 14 you know, the number and type of medical e&nnabl! businesses m rapidly inorwing In Colorado In rapona to I strong demand from medical e&nnabl! patient. to ha .. 11fe, reliable aoc:e11 to their medidne. Many communltie■ are ■tarting to devolop regul ■tiona regarding medlc■I c■.nnab l! bUJlneue■• The attached report, J!ncour11ing lb• F&onomjc Pmlopment or Me<licaJ Cannabis Busincacs in ColoAdQ wu written to give background and clarity to the luue and to plVYide a fnlmeworl< th.ti c■.n be u ■ed lo regula te and foster cannabil bu1ine■1 development In your commun ity. Cumabil medicine iun entirely oew lndllllly in the Iii.lie and rep..-ita a unique opportunity for local oflldala ta impnMl their oconomlm by ...tcomlng thme b~ ta their 01J1Dmunltleo and -,qb,g their offorta ta pnJYide ufe, ,-,nable acn. to lepl padenll. JUI! u Colorado lut the fonfnmt or devolopingotber"II""'"" bdinologioa, we-141 lib ta -tbellateembrace this DOW peen OC000III)' li>rtbe benefit of all Ill dtaena. When deliplDg aew polldm and replatiom, h ia mtlcal to mnomber that th lo ia I bo■lth "'"' luue, ah:ting the h of thouAnd■ of ack people who ha~ all been qualified by their pl,ym1111 and the stair.of Colorado to 111ecannabisas med ici ne. A pro■ctive public health model can ~Y addreea ~roblem1 before they arile, and http ://www .cannabistherapyinstitute .com/news/policygroup/mcdical.cannabis .policy .group .repor. .. 1 I /11 /2009 Cannabis 1llerapy lnsututue -Medical Cannabis (ManJuana) Kcscarch, l=Alucau on ano A.ovocacy... rage L 01 J comrnum!ies ca n design methods for safe, legal access to medical ca nnabis whll, keeping the paticn~ needs fortmO:it. The Ca nnabis Therapy Institute is co mposed of patltnli, cartgi\'fn and ad,.'OCltes in eolondc,·1 mft!ial annabis community who want lo ensutt that any r<g11la1ion ke<ps the pot1tn11· best lnterau in mind. Ou r rqulato,y fnunework will encnuroge connabis bU1ln-in your community by darifying •xfsting r,gulations and thereby helping pnnide legal prou,ction from federal law. There are several diffcrtnl organliotionel model, I hat carqin:D are curmuJy using to provide medicine to their patient.a. and none of I hem are a,mntly dclintd In Colonldo law. nu, goo) is to "-lop amtinuhy across the sutt by coming up with a oonslstent modtl to lmp••mcnt Article XVIII, Section 1<1 of the Colorado ConstilUtioo and ensure ptillents lla._., safe, consi.stenl 1cces1 to quality, 1ITord1ble medicine.Tht1 1tpor1 ts 1J lhing document . Pleast <mall all your fe<dback on it 10: 00Hs:n rotJ1>ftanabist hmminsi1utu:om Slncmly, Canaabis 'lbcroP)I Institute Mtrliml Cannabis A>li,:v Grvup • Laura Krlbo, Can01bll The!1py !01titute , Jason LIU\'O, Cannabis Heolth New, • 0•• Rogtn, Hi&), Valley Healing Ceater • 1uooll,y Tipton, Rocio, Muanlaill CattgMl'S Coop,ralis-. Medlen/ Cannabis A>/icy Group AduUO"I/ Board • Jrtrm S, Card Anoma • John loom-B rown Anomer En couraging the Eco nomi1. Development of Medical Cannabis Bu sinesses in Colorado A report by the Cannabis Therapy Institute Oct. 6, 2009 I. Hla!O<)' of Ca nnabll Modk:lne Can01bis bu boon uood umedlcineby bumans,.ftlyf0tover 10,000 ycer1wfth not one death from an cmrdollt.11 wuootolthe l1>illl widel)•preocribed medidn'" in the Ille 18oo'11nd early 1900'1 untD ii wu made llltgal in 1937. II is an eftectj\-. batmail fur nl"-ma,de 1pums, glaucoma. Rizu,..., ..,..,,, duoruc pt.in and many more mndilioos. = ii oo od...- medlcine that !mils ,o many CDOditlona udkct'velywith oo few negolis ... lde effo!ds. Cannabiswaaoutlaw<d in 1937d.uetoln1crestsi0 the pbarmaceu11cal, petrodltmlcahnd tlmbtr C0111ponla wbo saw eaDlllbis and hemp u oompctitioo. Cannabis wu a mtdJcine that people could grow In their bacltymlsand that aioldn, be patented, ao pbanlllClOllml companies couldn, profit fmm It. In addition, non•pl)'Choacth'O cannabis (lndUS'.rial bem~J wu -nu a threat 10 petrochemical and limber lndustriea LecaUIO ii bu eo many a,mmen:111 UM!! lndudlag. plutlca. fuel,and papa. ID the1920'1, hempwubococnlngthebuls f0ta-farm- bualgr,eoeoonomy. H....,. Fon!.,..,, bullt .... ofbla find carw oel of hemp. II. Tormlnology: C1nnabl1 vo. MarlJuano The lmD "ma,1juaaa' is a racial tenn ln"'°led In the 1920'1 "R<dor Modnesa" propapnda campaign to outlaw cannabis and hemp. The cam pa Ian WII dOligned ID make the pobtic bcU.--. that cannabis was a·..,.. dnig' beloR ul<d by Mcxlca, •. ·.Ibo wtre a,miog 1aou the border lo rwpe white women, C.Dlllbis is the 1111DOof the pas of the plu~ wbidl indoclos Caonaliiuath'I. Cumbis 1ndlca and Olha •JlOClea and lllralna. Can11abis ii 'be proper term for the medicine ind ii bow the modld11e • Al llatod in the U.S. pbmnoc.>pela from 1870 10 •~•· Since moot laws regarding eannaJ,f< • = written aft<r 1937, Ibey u:ie the word 'marij1.1101• Of"marihua01•. We encou11ge .. ..,..,.,, .., Ille the proper ICmt 'mnnablr" ""°""'"' polWble to &bow scnsl\Mry to the ute, of rlc:bl, l ,..I,-. WOnls. Ill, Logol Background hltp://www.cannabisthcrapyinstitutc.com/news,'policygroup/medical.cannabis.policy .group.repor ... • • • Cannabis Therapy lns1i1u1uc -Medical Cannabis (ManJuana) Research. l:.ducauon and Advocacy ... l'age J ol) • • • Miele X'Vlll, Sctllon •~ of lhc Colorado Con.,1hu1lo11 (Colorado's Medical M•n1u••• Amtndmcnt) ~-as adopted by vo1ers in 2000 to allnw ~tK!nts with cen.:ain dcl>illtatinr, nwdk-al conditions 10 Wf' cannabis u medk:ine. The Medical M"rijuana Anltndmcnt pl'O\'ldcs an exemption from stal< law for poticnts if they cuh~'lle up to 6 plants<>r..,..... up lo 2 ounresof <anNlbis mcdiciM. Fo, ·-•ls gre>ltr lhan lhil, tbt Amendmcnl 111 I potltnt lo p ...... 1 1n affmnaU\""r defcnst in OJUrt 1h11 lheic amnunts •-r.~ medically n«'CUI')' If a patienl cannot obtain lh• medicine for thems<t-... , the Amendmenl allows poticnl> lo 1ppO{nt 1 "primary Clrtgive.~ lo obtain or cultfva!t the medicine (or them. M<lfit pa•ients cannol provide their own medicine. Often, their illnesses make even the most common daily tasks Vf:I')' difficulL C.nnabis cultivation is uponsivc, time-consuming. and requires expert knowledge 1hot moot potients don't have. So patients must rtly on cartgi,..,rs to provid• t.htm wilh mtdicine. In July, lbe Colondo Board o(H .. llh and En•i,onmcnt clarified !ht wue by adopting n,le,; "hid> 111•e that I ca"Cf-..,(1 "olgnifant responslbOil)"' could man limply p<O\iding a potitnt wilh modial muijouns. ~-that d,cision, many businesses and collecth,.. ha,.., slarted lo S<'f\.., the nfflls of tilt growing number of lepl potion LI in Colorado. The ilMle lor communilia lhould nnlbe how locurtaU lhi1 activity, but ,.therhow tocapitalizton lhis new economic boom to btnefit lheirpatieni.u ....,11 as thclroommunity. In adopting policies and n,gulations oonoemlng medical annsbis busin-. it is important lo "'member that medical cannabis is I Constitutional right for Colorado dti...., lhe same as (rttdomo(J.-,11, fnoedom ofrtligiooand fn,edo;n of eledions. Pdic)1n1wsba,..,, duty to uphold the Constitution a.nd emure lhal citbttls CID esuciot lheirCoosthutlonal right ina 11ft manotr. FedenllAw Mediesl cannabis 1$ not prolocted under fede,.I l1w. Ho..,,..r, lhc Oboms 1dminislration'1 new policy on medical cannsbls 11ys that the federal gO\'ffllment will not enrorct fcdcn;d law in states with medical marijuana laws, as long u medica.l cannabis busi ...... ,,. oomplying wi1h 1U state sod local laws. That is one reuon why it is urgtnt to clsrifyltlte and local la"~' so that C1DR1bis-""1ated businesaescan be ■-ml !hat they will nn1 be ta,gtted by ledcral law tnforctmonL rv, Mod ic.I Cannabis Economic Oovelopmtnt M,dlcal cannabla cattglver hualnea,u heneRt local bUMln....,• A~-Report by AmcricaM for Sale Accc5s (ASA) in C.lifomia showed that medical cannabis l u1incs.ses are typieslly poslth'O additions to !he ntlghborhoods in which they loaatc, bringing additional omomera to nelgbboring buli....,. and mlucin& crime In tho lmmcdill• arta. Im any new basiness !hat-a diffemit customer bolo than the esistlng buJl-in the am, medlcaltllllnlbis buli,...... inaeasc llK l't\-.noe«olher~ln tbeM1m,unding11S simply bea,119e-pooplearecoming to"'°""'IOMO!S, incmasing fool tnffic put other cslablishmenls. In msny mmmunilics, the opening of a medical cannabis business 1w helped revitalize an a.re.a. Medical cannabl1 caregtw.r bu,U'le1.c:1 decttue crime The ASA Report also 1howcd lhal medical canna'ilJ busioesses in the ntlghborhnod 1ctually tend to-..,crime, not increase it. Wilhout medlcalcannabis busi.....,,,potieats mu.,t obtain their medicine na the blad< marl<,t, which leods to an increL<e in criminal 9dhily and endanp,IS the Aftty o( the patient. W"rth regulated medlcal cannabis bulineut,o, patients obtain their medicine fro:n a known cartgh"Or and ma ba,,. .. re aa:ess lo their medicine. Street s,les and associated aune il<m,a.,e. Medical cannsbb buoin<slel also d«n,ue crime in the,,... in which lhcy are Inca ltd b,ca.,.. o(the,;eeurity and sun,..Wanoc """'5Ul'CS cmplO)·ed by lhe businC5SCS and beoluae p,,t1cnt.:s and opera tors are vigJhrnt and report anycnmmal activity to the police. Mcdlcal canaabla la•-for tJ,e eoonomy Cannabis is the basis of the original•-• oooROMy. Medical cannabis buslnes,cscan n:vitalioe local.......,;.. by pmviding greea jolll, bringing mon, mstnmm 1o local businesses, and inm,sslngsalestu ..,...,,..., Tbebmt wsylor I oommunitylobeneflt from le:gal medical cannabis is tn...,,..,.ge ...tialcanoabis busin ..... 1odC\1'1op1idupond In tbeuas. ~ ii a la'll" demand In 1U Colo<ldooommunities for mnosbis as a safe alttmalh.., to dangetwS ind addictne artificial d"'p. Local go•-.rn~ntl should find a wsy t.o capltslizt on lbc dcmsnd 10 lmpro,,. lheir local ooonomiel. Special medical cannabis district,, or rtStan:h parks are one way to encourage •cannabuslne5Sd" to de\...:olop In you r area. V Draft Ordln•-•~: M.dlcal Cannabis Bu1ln11 1 Regulation Arttdc XVUI §~of tht Colondo Constitution (Colur.ldo'• Medical Ml'1JIIDI i\mendmcnl) http://www.cnnnabisthcropyins1itu1c.com/ncws/policygroup/mcdical . .:~nnabis.policy.group.rcpor... 11 /11/2009 Cannabis Therapy lnstillJtue • Medical Cannabis (Marijuana) Rcsean:h. Education and Advocacy... l'agc 4 ot 5-noods to be dariflOd lo answ<r mmmuni1y mnctfflJ and to help cnsuro that medial cannabis busl,_ will be pro(eded from federal low enfon:emcnl Tho below draft otdlnana: is Intended to provide a framework an,und which communltlcs can regulate m<dlcal cannabis buslnes.ses while 1l the same limo losleri11& the .a,nomic d,y,lopmeot of lbe medical can111bis industry ond prot<Cting patimtJ' ■f•-to m<dicine. S«llon L Shor1 title. This onlintnoe shall be known as the Medical Cannabis Business Regulation Ordinana:. Scdlon:a..._ <•> n.. pu..,...orthls Grdina-• to implement Artlde lMII, Sectioa 14 of the Co1cndo O>llllitutioo, lat<Jwn II the Colondo'• Med loll Marijuana Amend men~ 1od t o regulate and cncou111ge the opmtlon off1cilltlea lawfully Uled for the acquisition, cultlvatlon, possession, manufacture, production, sale, dlatrlbution, dispeming. 5IDl'lp or 111DSporutloa of medial canntbls 111d medical canntbls bal)ol remedlel. 'ltlis ordiuJtce ii inlmdal: (1)To belp....,.re that lepl potlattJ wbom nsldentsof the CilYof ______ _ CID obtain 1.nd uae lepl Clnntbis tbmpiel 1nd omices for medico! pu~ (b) To help enaure that lepl potientJ and their primary car,gMra who engage In the legnl ooqulsltloo. cultlvatioo, ~. maoullclure, p""'uclion. ule, d.istribudon, dispc111in1- llorlp or tm11JIOl1ltloa or medical camiabls IDlely for tlte lepl potienr, medial tJatment are 1101oubjoc1toaimlnal prooec:atlooorsaodloo. (c) To adopt regulations that tn:lt caonabia 111 lepl herl>ol medicine. (d) To permit tbeufeand affordable dlstn'butlon of medial cannabis lo legal patientJ, (e) To protect dtlztns from the adve,.. impoctJ of Irresponsible medial can111bll distn'bution, IIOra• ,nd uae pracllces. s. • 3-Ddlalllom (I) ·-..no,bis" lbaD have tbe ■IIIC-ning II the definition of"marihuona· or •Dllrijusna• pravidod by Colorado Rt'Vised Ststute 18-18-102 (18), but tr that definition la amended by lllle law In the future, u •meitdod. Currently, tbedefinltlon is: 'Marih1110," or "marijuana"_ .. Ill ports of.the plul canntbls ut!YI I., "1tethet powiDg °' DOI, tbe l!ml thereof., the rain exuocted from •or pan oflhe plao~and ....yC1111Dpoaod, monofoctu,., alt. demam-.. mbture, or proporatloa of lhe pla~ it11eed1, or Its r,sln. II d°"" not indude fiber produa,d from tho 1t11b, oil or coke msde from lhe ooedl of the pion~ or 11eriliz,d Beed ol the plant which Is incapable orgorminotlon If l'-lu.m emt apart from any other item defio«I u •maril, .... • in thluui-:tioa (l8~ ·-.... • does 1101 include maribuaDI CIIIIC<lllnte 11 ddlned inlUi-tloa (19)of.thia-.,,,. (2) "Medical cannabis canp.., "" ·.,. b111lne11" mesns 1nybusln"" entit; U..t is owned and operated by one or more prir. ,y coregi,<ro, lndudl11& emplo)ua. with ,be purpoot or providing medial Clllllabls.......,.. to iep1 potion 11. (3) "Medial ......W. .._.,..-means ony busin•entity eapged In rel&il ulesof medical conubll berl,ol productJ that Is owned and operated by one or more primary .. ~ indudlna employem. with the purpo,e of providing medical conn111Hs pnxlllCla to l,plpatieotJ. (4) "Medical cannallls ooliecdft" oteOD1 any colloc:tiom oh or DIOl'O pcroonscompriled ..duslvely and cntlrtl1 of lepl potleotJ and tho primary carqjvers of tboee patients. including omploi-, lhe pu'P.!'"" of which Is II> pl'OYide education, releml, or octworklng..,...,. to patients. •nd to llcilitate or oalsl patients In ocquirutg their medicine. indudlng, but l10I Umlted to, tltoatltivatloa, manui.ct.,., prodactlot,, oale.distributioo, dispellllng.storqeor tr1nopo<tatioo or medical cannabis bcrboJ prod-for modical 111e by lepl potietts. (5) "Medical cannabis berl,al product" meonacono,bls and overy 00L1ptlUnd, manufacture, ult, demm~. mixture, or prepo11tloo of cannabis, its ooedl, or its resin manufoctured IOlely for the medial .,. or l,pl Colorado patients. It dots not Uldudc tbe ll■lb or oil or cske mode from the ..i. or the plant, or llerimed IOed of the plant wbld! Is lnclpoblt of lffl"inlltlon. (6) "Patient" shall have thou""' 111C1Dlnguthedolinitlooprovlded lnArtideXVIII I 14 of tbe Oolondo Oomtltutioo or by uy ntlei promlllpted by the Colondo lloanl or Health and llllvuvamenL (?) "Primary carqi,,tt" 1hall have tho same meaning u tho def,nition provided in Article XVIII I 1.4 oftheColorodoeon.tltutionorby111)1 rules promulgated oy theColnl'ldo Boord of H,.lth and HnvlrorunonL Seedon 4-l!xemptlolMI IN>m ONl!na,J<.e (1) Any patient who cultivalell or noanufactur,scanoobis for his or her own pononal m«!lcal use • • • http ://www.cannabistherapyinstitutc.com/ncws/polic:ygrouplmcdical.cannabis.polic:y.group.rcpor... 11 /11/2009 Cannnhis Therapy lnsti1utuc -M~Jical C'uonobis (MnriJuana) Research. :,duca11 on and '°ld\'ocncy ... l'agc, 01:, • • • ~o.cmpt from lht-R.'QUll'l"ffM"nt,o( lhtSordlNIOO! (2) R,rogruzlns Lhal thm, are small<ralt'gj,<r" 1ha1 do no<_, 10 he subjm 10 addollOnal n.-gub~ pnrnil'\ rar~gh"Cr.li "'ho att"-Cf'\ing lhe nf"OOS.of 6 or ~ff patN"ntS art-o:t"mpt from lh-t requireffl(!nt."' or this ordm~nce. Section 5, Allo\\cd practJ«A All patients, primar,, caregivers. ffl(.'<Jiail cannabis crn.-gi\-er sen'lel" bu.sint:$.U, mt-dial cannabi5 oollmh·cs and medical cann11bis dispcnsari~ m.a~ engage., in the acquisitkln, culth'iltion. ()()SSCS3ion. mnnufar.turt. production. sale. d&S1ribution, dlsprnsinii;. 11on1~c or 1ransporta tion of medical cannabis herba l producl.s for mediotl use b)' legnl Colorado pallenL• as provided in Article xvm § 14 of lho Colorado Conslilulion. Section 6. Medical cannabis cattgh-er Krvict. bwine..'lis ~ description (1) Medical cannabis caregi\-er st':l'\itf busin4!:55e5 prtl'\ide servires to pa1 icnts, primary can.-gi\"t"rs. medical ~nnablscolle.cti"es or 'UCdical cannabis di.1pen.-.arics. These-stnires indude, bu1 .,.. nct limtted lo, mnsut111'~1 and medic:otod food pn,paratioo. (2) Medical cannabis arogn-.r ,enica DI)' DOI be subj,d iosales Ill, b,n all Income musl be reported properly on SUit and feclenl ;__,,. Ill rdums. (3) Medial an111bioa~ff-itt bulines,es must obllin I Stll•of Cnlondo bu.,..., lioense. S«tion 7. MedJcaJ cannab l.1 dlsp~DNJ')' • desc:ription (1) A medial cannabis dl<pcnsal) mU>l obl.ain • Slate of COiorado busint$S lic<n,c and obllin all applicable .. , .. lax pcnnils. (2)A medleal cannabiodlspcn&11)' musl pa)' all required stol••nd local lalr.< on all lraosaclioos, unless the business is • u ,:-acmp1 non·profit o~nitalion. Section 8 , Modlcal amn1.bt. collective • deocription (1) The Cily of__ __ reoogni= thal some leg,,! patienls may not be able lo undert.ake all the physical artl\itk-t: 11cces..1;ar)' to cultivatecannabl, for pcn;onal ml'<l ical use. Aa:ordingly, Ibis i<dlon n.-cognlu:s 1ha1 lcgll patient.I and their pn!MI)' !',lll\'jl!,~n, n~i· Join logclhtr 10 lonn medical cannabis collccth1S lor lhe purpose of cul1h·a1ing and ,nanurocturing medical cannabis ind pool I~ 1hclr "'50Urassoleiy for th, l)fflOllll m<dlal use of lhc me:mben. (2) Mcmbfflloip in• medical can111blsmlt«tivr must be re.s!rictal 10 !<gal po1icn1und their primary ar,gifflS. •-• the ro<dial an111bis mlloctr..,, may hine cmplo)= -ho•ro non- patients ID flcilitale lbt busl11C$3 of tbt mll<cti>-e. (3) Medicalcannablomll«lh-..1nd eac:h 111<1J1bertherm(,shall nnt ..U, ban,r,g;..,,,--.).or oc.h,erl\"l.W' diMn'butr cannabis 10 non•meml>Hs o' the medical cannabis cdk.dh-r. Section 9. Pundit~ ,oning dl•trlcll (1) Malical cannablo dlof""• ,rws wll be allowed in a n)' retail, commercial, indU>lnol, or agricultural wningdistrict. • (2) Medical cannab~1 primary can:g.ivcn;, medical cannabis caregh·er senia: busmc~scis, and medical cannabis c:oUeci.ivcs that do not sell retail pnxlucts.shaU beallo"'c.-d in nny1.onin1 di"itrict. St'.ction u , Special requ.lrunents MMical cannabis prim11r)' c.1rciivc:rs. rnrdical cannabis caregi,u .t.t.'"iN' budn~. nwdic.11 car.nabis oollt'Cli\U and mcdKJII cannabis dispensaries shall· (1) Be subject 101hcsameli1,n a,d(::)asotherbusinesses in thcS11n1eW11in,i.dl,1rirt (2) Pt'O\ide adequatr Sl'CUrity on the p • ..miscs to ensure pa1ien1 safct), (3) Pro>ide luind,appcd lk'fflitl u required by federal b-·. <'•nnabis Th~r •p~ lfbtitutc P.0 Ho> 1'/011.!, lloulder. CO 8o30H Vhllnt"'. (~1)""15·3900C);l \~ \\'th·"".,.. ,·J1111ah1~th{'Till'\ll'Sl1t111t• ,,m1 .,ou:ul· 11H1~r ,111n.1h 1._.tht•m:,,111,111uu•.,·111t1 hup:/'" w,, .c.i"nabi~lherup) irLs1i1utc .o:om1nc" s 'pol it) i;.ro11p/mcdical.cannahis.policy .group.rcpor... I I/ 1112009 PUBLIC COM MENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT December 7, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINU TES PLEASE PRINT NAME ADDRESS TOPIC My name is Shannon, I am a registered voter and live in the city ofEn&kwood. district I. precinct I 04. I am here tonight to invoke my rights of freedom of speech, particulari~ pertaining to "pctitionfe government for redress of grievances" and 111f right to individual privacy, IS the City of Englewood in the past has posted my infonnation on the internet to which I have been contacted about regarding~city's postings. I 1111 here to address the issue of Baker Part& lack of a port-o-pocty. Last week I spent time calling lhc council members who's phone nwnbers were in the Englewood Citiun. The only two ••llealldva lhll I was ICIUllly Ible 10 speak to wa-e Joe and Ril:k. I have been hlvil'I • on-tOinl ClOIIWl'lllion wilh Joe regarding this issue 111d Rick aed me lo ,end Ill IIDlil 10 biM rcpdina lhil illue, to which I did 111d was told by Rick lhll be forwsded lhc lffllil to tbe ochcr council members • well • some people iD the City Mntpr's office. n. ... ialhlttbereare IMDfWU in EIJllewoodtbllbM ...... phlml,ina reslrOOIII Widll. Thia inbma1im waprovidedbyllellllie•dlePmlllla.---Deprtcr 'llalllWl ,-111.-e: Belleview, Qllhina, Blbr, JIIOa, 0.-,W, B• Lopn, and RGma. Al ofdlele parts haw •i..tClllf part+iMJUY in tbewinlerwilh tbe.,._of Blbr Pllk. When I ooalrtld vlrioul .. ....,_, of city afBnpwood, I Ft ditlnlllt ..... on \W)' Biker Park ha DO port,o,pllly. I lllve ll8o 0011111:lld tbe AllernlliYt ffiah Sclloal principal. Dr. SDIP,.t EllplWOOdScllaall SupcrintendeatMr. McDlnill, ..._ ._ .. _oftbi:; :..-btbe llcto!apart~ is YIDdllism • Ba Part. SeudlDlloftbe ~ Hiab Scbool bq•• a.. Pllk, whm not in c:la, calling ....,.in die pat. The Alllrnlliw Hiala Sclaool's policy-llladenll are not to be in BlbrPllk.MaadlinaildaDII0111Jpdlaaatbe&dloolyardbatwooplDinp•B11rer Pllk .... is DO .... ~• die AllernlliYt Hiab Sdlool, CWll thoup die ..... .._.._admidlleldMIOllloelaa-ell"olkm ineae'9111111uFQieynnya• ~ IWIJ &om eldl odls. This iDf'oimalion WII provided by Mr. Mc:Daniel. l •1111:t an tbe c;ily ad tbe ldlool bolnl IO do lllylbina about die_.. lhll occu • Ner Park ad will, tbe AlterallM Hip Scbool lllldanls. So bad on tbe infonnmon that it lldl'c-. it-1bit the city ii IIIIDII die cilimll of dillrict I, pNCinct 104, pay the prioe by not hffllt I pon-o-poay • Biker Part when tbe other sllled parks in Enp,woocl bM I port+polly. I hope 1bit yuu haw aean the email 1bit l lCllt out • it baa infonnation in it 1h11 I did not touch upon. I know 1bit cily council dom not make '"-•• • iM time 111d will maa cmamcat1 ■ the 111d oftbe lClliaa, 80 I wil be here to~ yuu haw to say, if ~ ... ,.... • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject December 7, 2009 9 a I City Ditch License Agreemen t and Construc11on Easement for South Suburban Parks & Recreati on Initiated By: I Staff Source: Uuh t1es Department Stes,an H. Fonda, Director oi Uuhties COUNCIL COAL AND PREVI OUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Boa rd, at their September 8, 2009 meeting, recommended Councll adopt a bill for an ordinance approving Ihe City Ditch License Agreement and Construction Easement from South Suburban Parks & Rec reation for two water lines cross ing Ihe City Ditch. BACkCRO UNO, ANALYS IS, ANO ALTERNATIVES IDENTIFIED The South Suburban Parks and Recreation District submitted a ficense agreement and temporary construction easement for a Ory Dilch Crossing at Cornerstone Park (Windermere and Belleview) at approximately 5000 South Windermere Street. South Suburban will be Installing a 2" diameter sleeve for a l, 1 /2" water line and a 6" dia meter sleeve for a 4• water line. The 4' water line Is for irrigating their ball fields at the park and the 1-1 /2' tap will provide potable water for the restrooms. The IIYO water taps have been purchased from Englesvood. The licensee expressly assumes full and strict liability for any and all damages of e>ery nature to person or prope,ry caused by the point or points where the licensee performs any work in connection wuh the crossing provided by the Licensee. The City reserves the righ t ro make full use of the property n'!<:essary in the operati on of the City Ditch. The City relalns all rights to opera te, maln1,1in, install, repair, remove or relocate any of its laclllties located whhm the City's rigJ1t•of-way. Englesvood's Ciry Attorney and the Utilities Engineer ha>e revies-ed and apprO\ ed the license agreemenI and construction e,1semen1. FINANCIAL IMPACT None. UST OF ATTACHMENTS Water and Sewer Board minutes from September B ,ind Oclober 13, 1009 . Bill for an Ordinance • • • \\'ATER ASD SEWER BOARD MINUTES September S, 2009 The meeting was called to order at 5:05 p.m. Members present: Bums , Moore, Cassidy, Wiggins, Woodward, Oakley, Clark Members absent: Also present: H1gday, Habenicht Stewart Fonda, Director of Utilities Bill McComtick, Operations Supt. - Utilities I. MINUTES OF THE JULY 14, 2009 MEETING AND PHONE VOTE OF AUG. 11 , 2009. The Englewood Water an<! ,ewer Board received acopy of the minutes of the July 14, 2009 meeting and the phone vote of August 11, 2009 approving the minutes of that meeting. 2. CITY DITCH LICENSE AGREEMENT AND CONSTRUCTION EASEMENT FOR sotrrn SUBURBAN PAR.KS & RF -·.' ,\ TJON. The South Suburban Parks and Recreations DistJ ict s~ ! • license agreement and temporary construction easement to cross the City Ditcu 1crstone Park (Windermere and Belleview) at approximately 5000 S. W,n lermcrc St. South Suburban will be installing a 2" diameter sleeve for a 1-1 /2" water line and a 6" diameter sleeve for a 4" water line. The 4" water line 1s for irrigating their ball fields at the park and the ½" tap will provide potable water for the restrooms. The taps have been purchased from Englewood. In order to accomplish this, a license agreement is requirrd. A legal description is included in the cro~sing agreement and a map of the project is a11achcd . The Cuy rescn cs 1hc riglu 10 make full use of the propcny nt-ccssary in lhe opcra1ion of • lhc C11y Di1ch pipe or any 01hcr of its facililics or ins1alla1ion within 1hc C11)"s righ1-of-\\Jy. Mr. Wiggins moved; Mr. Woodward seconded: Ayes: Nays: Members abscn1: Motion carried. To recommend Council approval of1hc Ci1y Ditch License Agrecmcnl and Construction Easement from South Suburban Parks & Recreation for two wa1er lines crossing the City l:iitch. Bums, Clark, Moore, Cassidy. Wiggins, Woodward, Oakley None Higday, Habcn ich1 3. BROWN DITCH LICENSE AGREEMENT FOR 27 BROOKHAVEN TRAIL Mr. Mark Kinard submitted a Brown Ditch License Agreement to maintain a section of the Brown Di1ch nght-of-way conlJining vegeta1io11 and 1rc..-s on a temporary basis. Englewood has the right to maintain, install, repair, remove or relocate the B•~wn Ditch al any lime deemed necessary and may remove any or all ,·egetation and trees. Mr. Woodward mo,cJ; Mr. Moore second, I: Ayes: Nays: Members absen1: To recommend appro,•al of the Brown Ditch License Agreement for 27 Brookhaven Trail 10 maintain vcgeta1ion and trees an Englewood's Brown Ditch nght-of-way. Bums, Clark, Moore, Ca,-sidy, Wiggins, Woodward, Oakley None Higday, Habenicht • • • • • Motion earned. 4. WATER RIGHTS l 'PDAT E DATED JUNE 5, 2009 FROM DAVID HILL. The Board received from David Hill, Englewood's Water Auomey, a water rights update dated August 6, 2009. Stu discussed de\'elopmcnts in water litigation cases in which Englewood is involved. 5. STATE SANITARY INSPECTION OF THE ALLEN WATER TREATMENT PLANT. The Board received a memo from Bill McCormick, Operations Superintendent of the Allen Wa ter freatment Plant, noting 1ha1 the inspection by the Colorado Department of Health went ,•cry well. Bi II expresscd his th311ks 10 the Utilities crews for their efforts in making the inspection a success. The State inspector checked the Mclellan pump station, reservoir and tuMel, the o\'erhead storage t311ks, the Sherman Tank, the Union Avenue intake, pump station 311d carbon feed, the Zuni Tank and the Allen Plant and lab . 6. RECOMMENDATION fOR AMERICAN COUNCIL OF ENGINEERING COMPANIES \WARD ENTRY FOR BROWN & CALDWELL. The Board received a copy of Stu's lcucrofrecommendation and entry fonn for the American Council of Engineering CompMies Award for Brown & Caldwell's planning, dcsi1,'ll and construction of the $114 million Liuleton/Englcwood Wastewater Treatment Facility Project. 7. THE DEl\'VFR POST ARTICLE, "DENVER RESIDENTS CLASH WITH CITY OVER SPIKE IN WATER BILLS," DATED AUGUST 1 !, 2009. The Board received a copy of a Dem er Post ·1rticle that discusses the contro, ersy Denver resident's ha,e over the spikes in wnier bills. Denver mainuuns that people don·1 realize how mud1 water they use and sometimes when faulty mete~ arc replaced, it corrects readings that have h<.'Cn under-reported . In the case of a leak, Denver allows consumers one leak adjustment . with documentation, every live years . The mccung adJoumcd at 5:34 p.m. The next Englc\\ooJ Water and ewer Board will be held Tuesday, October 13, 2009 31 5:00 p.m at the Liulcton!Englcwood Wastewater Treatment PlanL Respectfully submined, Ca thy Burrage Reco rdi ng Sec retary • • • • • • WATER AND SEWER BOARD MINUTES October D, 2009 The meeting was callr<l 10 order at 5:07 p.m. Members present: Bums, Moore, Cassidy, Wi~ns, Woodward, Oakley, Clark, Higday, Habenicht Members ~bsent: Al so pre.en!: None Siewart Fonda, Direclor of Utilities Dennis Stowe, Manager of the Bi-City Wastewater Trcatmenl Plant I. MINUTES OF THE SEPTEMBER 8, 2009 MEETING. The Englewood Water and Sewer Board recci,•ed a copy of the minutes of the September 8, 2009 meetir.g and Jppro11ed the minutes of that meeting, as amended. Mr. Bums moved; Mr. Wiggins sec~nded : Ayes: Nays: Members absent : Molion curried . To approve the September 8, 2009 Water and Sewer Bonrd minutes, as amended. Bums, Clar:C, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday. Habenicht None None 2. CHERRY HILLS HEIGHTS WATER & SANITATION DISTRICT WASTEWATER STA~ARD CONNECTOR'S AGREEMENT. The Chcn-y Hills Heights Water and Sanitation District submitted a Wastewater Connector's Agreement for the district to utilize the facilities, owned by the City of Englewood, for treatment of sewage from a designated outside district. In the Chcn-y Hills Heights Water and Sanitation District there arc 23 Laps encompassing approximately 42 acres. Cherry Hills Heights Water and Sanitation District will continue to own :he lines and will be responsible for capital improvements. Mr. Habenicht moved; Mr. Higday seconded : Ayes: Nays : Members absent: Motion carried. To recommend Council approval of the Chcn-y Hills Heights Water and Sanitation District Wastewater Standard Connector's Agreement. Burns, Clark, Moore, Cassidy, Wiggins, Woodward, Oakley, Higday, Habenicht None None 3. TEMPORARY LICENSE AGREEMENT FOR REMOVAL OF AT&T ANTENNA. The Board received a copy of the Temporary Lice.ise Agreement for placing their wireless communicat ion antennas at a temporary lovllio n adjacent to the Shennan Water Tank during the painting of the tank. The License is effective from November I, 2009 to June I, 2010. AT&T will clear all construction debris and restore the area of the temporary site within seven days from date of completion. All work will be p;:rformed by AT&T ut no expense lo the Ci ty. Mr. Bums moved; Mr. Habenicht seconded: To recommend approval of the Temporary License Agreement for removal of the • • • • • • Ayes: Nays: Members absent: Motion earned. AT&T antenna during the paint mg of Englcwood·s Sherman Water Tank. Bums, Clark, Moore , Cassidy, Wiggins, Woodward, Oakley, Hidey, Habenicht None None 4. REQUEST FOR ADVERTISING ON SHERMAN TANK BY GROOVE AUTOMOTIVE. Groove Automotive sent a lc1ter 10 the Board requesting permission to place advenising on Englewood's Shem,an Water Tank. Thei r request was presented 10 the Englewood Water and Sewer Board and aflcr carefu l consideration, the Englewood Water Board decided to deny Groove Toyota's request. It was decided that the tank, as part of the Englewood public water system, would not be an appropriate display for advcnising. The Board also wants to establi sh a policy to deny future requests to place advenising on Englewood water tanks. Mr. Higday moved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion earned . To deny Groove Automolive's request to place a logo on Englewood's Sherman Water Tank and to establish a policy d~nying future requests 10 place advcnising on Englewood water tonks. Bums, Clark, Moore, Cassidy, Wiggins, Woodward , Oakley, lligday, Habenicht None None 5. WATER RJGHTS UPDATE DATED SEPTEMBER 4, 2009 FROM DAVID HfLL The Board received from David Hill, Englewood's Water Attorney, a water rights update dated September 4, 2009. Stu discussed developments in water litigation cases in which Englewood is involved . 6. BIKE PATH ALONG CITY DITCH RIGHT-OF-WAY ALONG LEE GULCH . Stu notified the Board that Charlie Bloston, Littleton City Manager, will be appearing at the next Englewood Water and Sewer Board meeting to discuss a proposed bike path along the City Ditch right-of-way from Lee Gulch to South Belleview. The City of Littleton is coordinating the project with South Suburban Parks and Recreation. 7. TOUR OF THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. Dennis Stowe and Jim Tallent were present 10 conduc t a tour for the Water Board of the Littleton/Englewood Wastewater Treatment PlanL The meeting adjourned at 5:34 p.m. The next Englewood Water and Scwcr Board will be held Tuesday, November 10, 2009 at 5:00 p.m. in the Community Development Conference Room at Ci ty Hall. Respectfully submitted, Cathy &urrage Recording Secretary • • • • • • ORDINANCE '.'10. SERIES OF 2009 BY AU11 IORITY COUNCIL Bn.L NO. SI IITTRODUCFD BY COUNCll MEMBER ____ _ ABllL FOR AN ORDINANCE AUTimRIZING A "LICENSE.CITY DITCH CROSSING AGREEMENT", AND A "TEMPORARY CONSTRUCTION EASEMENT" SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE INSTALLATION OF TWO WATER LINES CROSSING UNDER ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY AT THE APPROXIMATE LOCATION OF 5000 SOUTH WINDERMERE. WHEREAS, South Suburban Park and Recrcnuon District submiued a License-City Ditch Crossing Agreement ond o Temporary Construction Easement 10 the City: and WHEREAS, the License Agreement and the Temporary Construction Easement will allo" South Suburban to install a 2" diameter sleeve for a I ½"waterline and a 6" diameter sleeve for a 4" water line under Englewood·s City Ditch Right-of-Way at the approximate location of 5000 South Windermere -Comerstone Park: and WHEREAS, South Suburban will be installing a 2" diameter sleeve for a I IT' water line which will provide potable water for the restrooms: and WHEREAS, South Suburban will be insta lling a 6" diameter sleeve fo r o 4" wntcr line for irrigating South S ,burban's ball fields; and WHEREAS, the Engkwood Water and Sewer Boord recommended approval nfthc "Licen.\c- Ci ty Ditch Crossing Agreement", and o "Tempornry Construction Easement" to South Suburban Park nnd Recreation District at their September 8, 2009, meeting; !\OW, THEREFORE. BE IT ORDAINED BY TI IE CITY COUNCIL OF Tl-fE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~-The License.City Ditch Crossing Agreement, auachcd hereto as "Exlubit A," is hereby approved by the Englewood City Council. ~-The Temporary Construction E, emtnl, a11achcd hereto as "Exh1hi1 n• is hereby approved by the Eng lewood City Cou ncil . ~-The Director of Utih11cs is hereby authonzed 10 execute the Licensc-Cny Ditch Crossing Agreement and the Tcrnpomy Construction Easement for and on behalf of the City nf Englewood, Colorado. Introduced. read in full. and passed on first reading on the 7th day of December, 2009. Published as a Bill for an Ordinance ,n the Cny"s official newspaper on the 11th day of Deccmbc'r, 2009, Published as a Bill for an Ordinance on the City's official websi1c beginning on 1hc 9~ dny of • December. 2009 for 11\iny ()0) days. James K. Woodward, Mayor ATT EST: Loucnshia A Ellis , City Clerk I, Loucrishia A. Ellis, Cily Clerk of the Ci1y of Englewood, Colorado. hereby cenify tha1 1hc above and foregoing is a true copy of a Bill for an Ordinance, inlroduccd, read in full , and passed on firs1 reading on the 7th day of December, 2009. Loucrishia A. Ellis • • • • • LI C E. SE-CIT\' DITCH CROSSl :--IG AG REEMENT THIS LICENSE AGREEMENT, made and entered into ns of this , 2009. by and between the CilV ofEm!lewood. a municipal corporation of the State of Colorado, herein referred 10 as "City"; and South Suburban Park and Recreation District, herein referred to as 0 Licensee." WITNESS ETH : The City, without any warranty of itS titl e or interest whatSoever, hereby authorizes Licensee, its successor and/or assigns, to install a 2-inch diameter sleeve with a I 1/2-inch water line; and a 6-inch diameter sleeve with a 4-inch water line (referred to herein as "Waterlines") over the City's rights of-way for the City Ditch, described as a parcel of land situated in the South East¼ of Section 9, Township 5 South, Range 68 West, of the 6°' P.M., County of Arapahoe, State of Colorado. See attached legal description (Exhibit B). The above-described parcel contains 16.5 acres, more or less . I. Any construction contemplated or performed under this License shall comply with and conform to swidanis formulated by the Director of Utilities of the City; and such construction shall be performed and completed according to the plans, consisting of two sheets, a copy of which is attached hereto (Exhibi t A) and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to time of commencement of the construction of, or any repairs made to, Licensee's Waterlines, so that the City may, in its discretion, inspect such operations. 3. Within lhiJty (3) days from the date of commencemem of construction of said Waterlines, the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring 10 the centerline of the installation; and shall clear the crossing area of all construction debris and restore the area to it! previous condition as near as may be reasonable. In lhe event lhe installation of the centerline markers and the clearing and restoration of the cros.iing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right 10 maintain, install, repair, remove, or relocate the City Ditch or any other of its facilities or installations within the City's rights-of- way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right 10 control all easements and installations. In the event the Waterlines should interfere with any future use of the City's rights- of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not lo interfere with any such use. Page 1n = .. ' • ' T A Lt<ens<-CII) D11ch Crossing Agrc,ment 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the constructi on of the Waterlines or other appunenant installation thereof, shall be made at the sole expense of the Licensee. 6. The Stipulation and conditions of this License arc to be incorporated into any contract documents with any third pany contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses, and/or grants, recorded or unrecorded, and it shall be L'le Licensee's sole responsibility to detennine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any !av.fut, usual, or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of stonn waters, or of surface waters in the City Dit~h. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground li.ne in layers not to exceed 6 inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 10. As between the City and Li~~. Licensee by ~pwx:e of this License, expressly assumes full and strict liability for any and all damages of every nature • to person or property caused by water from the ditch leaking through the ditch • banks or pipeline at the point or points where the Licensee perfonns any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions, or causes of action, and expenses to which it or they may be subjected by reason of said Waterlines. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resul ting from such breach . 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall tenninate, but i. obligation to indemnify and save hannless the City, its officers and employees, >hall not terminate in any even!. In granting the above authorization, the City reserve the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. (111e rest of this page is left blank dclil,,.Jately.) P•ge 2/3 • L1cense-C11) Dnth Cros.ma Ai:rt•ment • IN WfrnESS V.'HEREOF this ins trument has been execu ted as of the day nd year first above 11.rincn. • • CITY OF ENGLEWOOD By: <":>tw>4(J,~ Stewan H. Fonda, Director of Utiliti es , Chairman The undersigned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the tenns and conditions thereof. LICENSEE : South Suburban Park and Recreation District Address : 6631 South University Boule.vard, Centennial, CO 80121-2913 Tel. 303n98-513I STA TE OF COLORADO ) )II COUNTY OF ARAl'AHOE ) The foregoing Agree ment wns acknowledged before me this-?: /4,_ day of ~ , 2012.:L, by ~ /JA LNe.11 z._ as .&k-r«-4'"4' 'l>. /'cc/4~ of South Suburban Park and Recre ation District. Wi1ncss,my hand and official seal. r;,L -r ,, 4,.4,,, '~wy Publi c 7 My Com mi ssio n cxpire./Pl'L( I 5 Lo/ tJ OC-'d1 • DENClillARK ELEVATION= 8388.72' + '-ti 1-Jt P.O .C. S 05•43•50• W 873.51' TIE TO 2" PVC SLEEVE ( 1) 2" lllA. SLEEVE P .o.e. 0+00 (1) 6" DIA. SLEEVE P.O.B. 0+00 S 011'38'◄9" W 889.12' m TO 8" P1 C SLEEVE LI -N .f-5"1i0'00" 1' 26.16' L2 -N .f-3"56'56" 1' 26.33' 0 1~ 30 KX-w..w.wJ SCALE. I "• 30.00' SOUTHEAST OUARTcR SECTION 9 T. 5 S., R. 68 W. 'I:;'~ SOUTH QUARTER CORNER SECTION I T. 5 S., R. 118 I. 3 1/4" Al.UII , CAP IN IWIGE BOX PLS 22571 1 IU CITY OF £NGL£WOOD, ARAPAHO£ COUNTY, COLORADO EXHIBIT A NOTE; THIS OOES NOT RCPRES£NT A MONUMOITEO SURVEY. IT IS INTENDED Ololl.Y TO DEPICT THE ATTACHED DESCRIPTION, SHEET 1 OF 2 OWNER: SSPRD SOUTH SUBURBAN PARKS AND RECREATION DISTRICT CALC: AVV DATE: 08 17 09 ORWN: AW COMl.tlT. NO. JOB NO. 0!1137-129.1 OWG. NAME : Wol,r Tap SHEET I Or 2 -I "' I '"' ~ ?. "' • "° :., t.) l .,. "' Ei "' "' 0 "' 0 "' -I ~ ci ~ .,, o;; ! ::a,,_ o-,,D !;jg~ I 0+30 :,, .,, r,ioD ~~~ I "l(/) I "' 0 \ I APPARENT NORTHERLY -~ \° '----[\: ~ -R.O.W. LINE CITY DITCH 'i O+G~ I I I ,, .,.. I 0+20 o= I "C t') 'Z I -c-"' < =;,, ➔3: . I , . o'l> =~ -_ ::i:i:; ) • •t,';~ ' .,, I O+i ~ II II v,~ I "'"'~ • "t,'; '-• In ,-CENTERLINE >-· -·---·--~~~-~--· '-·-CITY DITCH 'o"' 0+10 I ➔C 10 ? ,x~ I I ' I o+u~ ........ "\ \ APPARENT SOUTHERLY \ ---~ '----r,; -o+uii R.O .W. LINE CI TY DITCH ' SOUTH[AST OUARffR '· S[CTION 9 "' i ~ ~ ~ T. S S., R. 68 W. :., CITY or [NGL[WOOD. ~ "' g: '" ARAPAHO[ COUNTY, COLORAOO CONTINUATIO N or CXHIBIT A SHEET 2 or 2 ~srares HOT(· THIS 00£S NOT REPRESENT OWNER: SSPRD A ~ONUMENTEO SURVEY. IT IS • Inc. INTENOEO ONLY TO DEPICT THE 1/111 SIJI.IIH ,aNll(Cff IIIM/J. SU!C PCS h ,lff(tlt. CO IJ/)tJI-Jf ld (JDJ) 4 11-U.J# ATTACHEO DESCRIPTION. SOUTH SUBURBAN PARKS ,\ND RECREATION DI STRICT CALC: AW I DAT£: os,11109 ORWN: AW I COMMIT, NO. JOB NO. 09137-129.1 l I OWG. NAM£: Wolor Top I SH(CT 2 Of 2 ~ .. t l)f~•~•-0-~-~1-l~ ,.. .. ~ .,,.. ·• • • T E:vlPORARY CO~STRL"CTIO~ EASE:\I EXT THIS TEMPORARY CONSTRUCTIO!s EASEME'ff (the Temporary Easement, made and interested into as of this 2009 by and between the City Qf Englewood, a municipal corporation of the State of Colorado, acting through its Water and Sewer Board ("Grantor"); and South Suburban Park and Recreation District ("Grantee"). WHEREAS Grantor owns a right-of-way for the City Ditch, a carrier ditch ("City Ditch ROW"), which is located as described on Exhibit A; and WHEREAS Grantee desires 10 install Waterlines within the City Ditch ROW pursuant to a License betWeen the parties executed ______ ___, 2009; NOW THEREFORE, In consideration of the mutual covenants of the paroes, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows : I. Temporary Construction Easement. Grantor hereby grants to Grantee, its successors, assigns, contractors, and sub-contractors, ·a non-exclusive temporary construction easement th,ough, ov er, Ujder, and across the City Ditch ROW for the installation of Waterlines pursuant to the License Agreement (the "Project'). 2 . 3. Tenn of Easement, The Project will begin no sooner than November 2009 and will be completed no later than March 2010. Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor, and this Temporary Easement wi11 be deemed to have terminated upon such completion. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) Normal working hours shall be consistent with COOT construction hours, Monday through Friday; and 2) The operation of the equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during nonnal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface of the City Ditch ROW to its original condition. S. Indemnification. Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims . 6. Liability. Grantee hereby acknowledges that it understands that there Is water flow in the City Ditch from April 1 to November 1 of each year, and Grantee will asswnc liability for any damage to adjoining property caused by water now Page 1/3 • II I a I T B TeinporaT') Cons1ruc11on Eas.cmcnt 7. 8. Insurance . Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the arnoun • ofS600,000 propeny coverage and $600,000 liability coverage. Grantee further agrees that all its employees, contractors, and sub-contractors working on the Project shall be covered by adequate Workers Compensation U1Surance. Assignment. This Temporary Construction Easement is assignable only with the written permission of the City of Englewood, which permission will not be unreasonably withheld, conditioned, or delayed. In granting the above authorization, City reserves the right to make full use of the propeny involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. (The rest of this page is left blank deli berately.) Pagcl/J • • • • • t cmrof'ill) Conmucuon Easement 1:--1 \\'ln:L SS WI IEREOF the parties hereto ra\'c executed this Tempomr) Con,truct1 , Ensemcnt on the date and da)' first written above . CITY OF ENGLEWOOD By: Stewart H. Fonda. Director of Utilities ENGLEWOOD WATER AND SEWER BOARD By (hf Q , Chairman Th, undersigned officer of Grantee bas read the foregoing Temporary Construction Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the terms and conditions thereof. GRANTEE: South Suburban Park and Recreation District By: Y~LJ~ Name, Title: Address : 6631 South University Boulev,.rd, Centennial, CO 80121-2913 Tcl.303n98-5l31 ST A TE OF COLORADO )11 COUNTY OF ARAPAHOE ) The foregoing Agreement was acknowl~ befoi .ne this~.(... day of .~L , 20~. by ~;c/ /I bJTt?/IJ.,. as ,fi<ec-......n c.;\'.' Z):,.c CfO, of South Suburban Park and Recreation District. Witnc.~s my hand and official seal. ;fl,___;~ j~(-«JtJ Notory Public 7 My Commission expires: /Jpn I/ 5, Z C) / U oc ., Page 313 •I • • CE1''TtP. QUARTER COR.'<ER SECTION U T. 5 s .. R. 68 W. t 3 1/4" ALUM, CAP IN RAJ,CE BOX CDOT PLS 10734 r.1-I !lit IJ J';;,.,_ I I!',' .._ ~f/~'3/ ~/ ~~ .. : IC.I f/.·~ ,~}.o/~ ..-.00•,1,, .,._-~ ..,,,t:t::7 '1. ~c:, 0 ♦28.33 u ..., Q coo ~Ii~!!! . 0~ ;: == ~.. I l:" 1~ 11 \ 0+28.18 I I f-.,5• I "',;:; ,. .. ,!& P.O.C. S 05'43'50" ll 873.51. TIE TO 2" PVC SLEEVE (1) 2" DIA. SU!EVB P.O.B. 0♦00 (1) 8" DIA. SLEEVE P .0.B. 0+00 S 05"38'49° 11 889.12' TIE TO e• PVC SLEEVE LI -N <i5"00'00" W 26.18' 12 -N 4.3"56'58" 1r 26.33' ! ' 0 15 30 ~ SCALE 1·.3000· SOUTHEAST OUART[R SECTIO N 9 T. 5 S ., R. 68 W. B£NCHIIARK £1.EVATION= 5366.72' Gt' SOUTII QUARTER CORNER SECTION 9 T. 5 S., R. 68 W. 3 1/4" Al,U W. CAP IN RANCE BOX PLS 2257 1 1992 CITY OF [NGL[WOOD, ARAPAHO[ COUNTY, COLORADO EXHIBIT A ~n srares JM!'YJJ'lG,/.nc. IJ?$J SOUIH ~,4/11({11 oftM~ SU',C 10S .,.~ co ,01.u-J,11 (JIJJJ 141•1'.14 NOlE: !>IS DOES NOT RCPIICSCHT A M0NUM£HTCO SURV£Y. IT IS INTENOED ONLY IU DEPICT THE ATTACHED DESCRIPTION . SOUTH SUBURBAN PARKS ANO RECREATION DISTRICT SHEET 1 OF 2 OWNER: SSPRD C•LC: AVV DATE: 08 17 09 DRWN : AW COMMIT, NO. JOB NO. 09 137-129.1 DWC . NAM[: Wal" Tap SH£[1 1 OF 2 "' "' ~ "' .. :t ,.., '"' u "' "" "' "' 0 I" 0 .. -I ..,.,, .,, C)"' I _c,o~ :,,:,,~ I o-o.,, 00(/) I 0+J0 .,, C: --l Rlo 0 ~~~ I "'"' I "' C \ I APPARENT NORTHERLY ,-.. --------~ -~--\: .....__ -R.O .W. LINE CITY DITCH ~ 'i u+~:, I I I I I I 0+20 3: I .,, ~z I -,,-UI < :x:::O ;i2 . I . . !;l '0 ...... ?~ 3: ) I J ('113~ / II 11 CJ)~ I U+l~ UI u, n I . -~ '-In ,-CENTERLINE ----,_._ ·-·--~~s---,__ __ ----CITY DITCH I t,:( u+1u I :jC 1 nz 1="' I I I I u+u;, ', " \ APPARENT SOUTHERLY ,-.. >-------\ .....__ 0 +00 R.0 .11'. LINE CITY DITCH \ SOUTHEAST OUART£R \ I S£CTION 9 UI t UI ~ ~ r. S S., R. 68 W. .. ~ CITY OF £NGL£WOOO, .. g UI "' ARAPAHO£ COUNTY, COLORADO CONTI NUATION or £XHIBIT A SHEET 2 or 2 ~srares NOTE: THIS OOES NOT REPRE SENT OWNER: SSPRD A MONUMcNTEO SURVEY. IT IS , Inc. INTCNOEO ONLY TO OEPICT THE IIIJJ SOUIH PAM£1t Mlo4lt Sl.Klt Mj PA!ff(fft. CO fJOl,Jl •JIIJ6 (JDJ) Mt~71JI ATT...CHCO DESCRIPTION. SOUTH SUBURBAN PARKS AND RECREATION DISTRICT CALC: AW I DATE : 08/17/09 PRWN : AVV I COMMI T. NO. JOB NO. 09 137-1 29.1 I I DWC. NlMC : Waler Tap I SHEET 2 Of 2 • COUNCIL COMM UNI CATION Date: Agenda Item: Subject: December ,. c009 9 a ii Che rry Hi lls He ights Water & Sanitation District Waste-,ater Standard Connector's Agreement Initiated 8\~ Staff Source: Ut1hhes Department Ste-,art H. Fonda Director oi Utlhties COUNCIL GOAL ANO PREVIO US COUNCIL ACTION Cit\ Council approved a standard sanital) sewer connector's agreement in lanua'). 1988. RECOMMENDED ACTION At their October 13, 2009 meeting the Englewood Wa ter and Sewer Board recommended Council appr01al of th e Cheri)• Hills Heights Water and San itation District Wastewater Connector's AgreemenL • BACKGROUND, ANALYSIS, ANO ALTER NATIVES IDENTIFIED • Sa nitary sewer se" ,ce ,s provided to districts outside oi the Engle\\ ood corporate boun daries through the standard connector's agreemenL The Littleton Engle-,ood Waste-,·ater Treatment Plant is able to receive and treat ,,1>,age transm,u~d b1 ,ariou1 dl11ricts. n,~ auached agreement addresses this se" ice \\ith the district that owm and main tains the sewer mains. In the Chelf) Hills Heights Water and Sanitation Oistnct there are ~3 taps encompassing approximately 42 acres. Cherry Hills Heigh t1 Wa ter and Sanita tion District will con tin ue to own the lines and will be responsible for capital impro,·ements in ilS system The auached map sho\\ s the Cheri) H,lls Heights \-\ ater and San11a11on Dis lnct. The CU\ Attorney's office has revle-ved the star1dard connector's agreement. FINANCIAL IMPACT None. UST OF ATTACHMENTS Wa ter and SI.'\\ er Board mmutes trom Oetober 13 and r-.o, ember IO. 2009 Bill for an Ordinance • • • \\'ATER A!\D EWER BOARD \11:S.1.,E October 13. 1009 The meeting was called 10 order al 5:07 p.m. Members present : Bums. Moore , Cassidy, Wiggins , Woodward, Oakley. Clark, Higday, Habenicht Members ab sent : Also present : None Stewan Fo nda, Director of Utilitie s De nn is Stowe , Ma nager of the Bi-City Was tewater Plant I. MIN UTE OFTHE SEPTE MBER 8, 2009 MEETING . The Englewood Wat er and ewer Board received a copy of the minutes of th e cptcmber 8. 2009 meeting w,d approved the minutes of that meeting. as amended. Mr. Bum 1110,·ed. Ayes . ays : Membe rs ubscnt: Motion carried . To appro\'e the cptcmbcr . 2009 Water w,d Sewer Board minutes, as amended Bums . Moore. Cassidy. \\'iggms. Woodward. Oakley. Clark. H1gda y. Habenicht None None 1. CH ERR\' HILLS HEIGIITS \\'ATER & SANITATION DISTRIC' r \\'ASTE\\'A TER STAl\DARD CONNECTOR'S AGREEMENT . The Cherry Hills Heights \\'ater and Sanitation District submined a \\'as1ewa1er Conncc1or's Agrecmem for the district to utilize the facilities. owned by the City of Englewood. for 1reatmcnt of sewage from a designated outside district. In 1hc Cherry Hills Heights Water and Sanitation District there arc 23 taps encompassing approximately 42 acres. CherJ)' Hills Heights Water and Sanitation District will continue 10 01111 the lines and will be responsible for capital improvements. Mr. Habenicht moved; Mr. Higday seconded: Aye,. Nays: Members absent: Motion carried. To recommend Counci I approval of the Cherry Hills Heights Water and Sanillltion District Wastewater Standard Connector's Agreement. Bums, Moore, Cassidy, Wiggins, Woodward, Oakley, Clark, Higday, Habenicht None None J TEMPORARY LICENSEAGREEMENTFOR REMOVAL OF AT&T ANTENNA. The Board rccci,cd a copy of the Temporary License Agreement for placing their wireless communication umennas at a temporary location adjacenl to the Sherman Water Tank during the painting of th e !link. The License is effective from November I. 2009 to June 1. 2010. AT&T will clear all construction debris und restore the art.ll of the temporary site within seven days from the date of completion. :\II wor'. will be pcrfom1ed by AT&T at no expense to the City. • • • • • \Ir llt1m, llhllCd, \Ir IIJhcn1du se.:onJ,'ll To rccornrncnd apprO\ al of1hc lellll)(ll'.I~ L1ccn,c Agrccrncnl for rcm,1, •I of1hc AT&T anicnna dunng. 1hc parnung.of Lngk\\txl<l's Shem1an \\'n1cr I anl. Ayes: Members absent : Motion camcd. Bums. Moon:. C3SSidy. \\'1gg111s. Woodward. Oakley. Clark. Higday. Habenich1 '-one 4. REQUEST FOR AD\'ERT ;,!GO:'\ SHERMAN TANK BY GROOVE AUTOMOTIVE, Groove Automotive sent a letter to the Board requ esting pcnnission to place advertis ing on Englewood's Shcnnan \\'ater Tank . Their rcques1 was presented to the Englewood Water and Sewer Board and after careful consi deration, 1he Englewood Water Boord decided 10 deny Groove Toyo ta ·s request , It was d~ided that the tank , us pan of the Eng lewood public water sys1cm. would not be an appropriate display for advertising. The Board also wants to establish a policy to deny future requests to place ud venising on Englewood \\ a1er tanks . Mr. Higday moved. Mr. Bums seconded. To deny Groo,c Au1omo1i,e's requcs110 place a logo on Englewood's Sherman \\'a1er Tank and to c:s1abhsh a policy denying fu1urc n:qucs1s 10 pl ace ad,cmsang on Englc\\ood \\31cr tanks Mcmhcrs ahsc111 Mo1ion c~mcd . Bums. \loon:. Cassidy, \\'ii;gms. \\'oodMrd. Oakley. Clarl. lhgda). Habenich1 \\'/\ TER RI GI I rs l "PDA IE DATl:I) SEPTDIBER 4. !(~~, FRO~I OA \"ID HILL. The Boan! rccCl\eJ from Dand Hills. Englc11ood"s \\'atcr Auomcy. a "ater nghts update dated Scptcmhcr 4. 2lHJ9. Stu discussed dc1 clopments m \later liugation cases in II h1ch Englc11 ood is 111\'0lvcd. 6. BIKE PATIi ALONG cm DITO! RIGHT-OF-WAY ALONG LEE GULCH . Stu notified the Board that Charlie Bloston, City of Liulcton Director of Public \\'orks. will be appearing at the next Englewood \\'at,·r and Sewer Board meeting to discuss a proposed bike path along the C11y Ditch right-of-way from Lee Gulch to South Belleview. The City of Liulcton is coordinating !he pro;cct wi th South Suburban Park s and Rec1ca1ion. 7. TOUR OF THE LITTLETON ENGLEWOOD WASTEWATER TREATMENT PUNT. • Dennis Stowe und Jim Tallent were present 10 conduct a 1our for the Water Board of th e • Lit1 lc1011/Englcwood \\" astcwater Treatment Plant. The mcc1ing ndjoumed at 5:34 p.m . The next Englewood \\'ater and Sewe r Board meeting will be held Tuesday. November HI. 2LHl9 at 5:00 p.m. m the Community Dc1clopmcnt Conference Room at city Hall . Respectfully sub1111t1ed. s Cathy Burrage Recording Secretary • • • • \\'ATER A'\D SEWER BOARD MINCTES November I 0. 2009 The meeting was called to order at 5:07 p.m . Members present: Moore. Cassidy. Wiggins. Woodward. Oakley. Clark. Higday. Habenicht Members 2.bsent: Also present: Bums S1cwan Fonda, Director ofU1il itics Bill McCom1ick, Opcru1ions Supt John Bock. 1'1anagcr of Adminis1ranon I. MINUTES OFTlff OCTOBER 13, 2009 MEETING . The Englewood W:,ter and Sewer Board received a copy of the minutes of the Octohcr 13. 2009 meeting and approved the minutes of that meeting. ~Ir. Hii:day moved; Mr. Wiggins seconded: Ayes : r. kmhers absent: ~101100 carried To ap prove 1hc October 13, 2009 Wmcr and Sewer Board minutes. as amended. \1oorc. Cassid)'. \\'1i:gins. \\'ood11"Jrd. Oaklc). Clark. H1gday. llabcnich1 !\one l3ums C'M.\RLI( Ill 0s1r, C-ITY or LITTLITO'-: RFGAROl'-:G 8111:E PATIi ALO\;G CIT\ l>II Cll I R0\11 H Gl'LCH TO BELL\ Ir\\ Charlie Blus1on. C11y of Lmlcllln D1rcc1or of Puhhc Works. Be, 13ra<lsha". Somh Suhurhan Board mcmhcr and Ruhcn Scams with The Greenway Tca.111. t111pcared hcforc the Board 10 disc uss a bike puth along the City Di tch righ1-01:wuy in 1.i11lc1on. Charlie Blosten outlined the proposed bike pedestrian trail that wou ld follow the City Di1ch from Lee Gulch to Belle, ie" and connect to the Big Dry Creek Trail . Mr. Scams presented a powerpoint presentatton sho" mg photos of areas along the propo£cd bike trail. Tite Board discussed water quality concerns. being thm the Cit) Ditch 1s a dnnking water source for the City ofEnglc110od B111 McCormick noted that 111s possible lltat this area of City Ditch could be piped in the future to improve water qunlit~, enahle the City Ditch to now in the winter and improve water hardness. Mr. Bloston discussed possible historic or Open Space funding that muy be ;1vuilable. Mr. Fo nda noted that the ramifications oftl1ese loans wou ld have to be investigated be fore n cumn111ment could be muclc. Mr II· J'JJ) discussed piping the entire length or the City Ditch that would be adjacent to • t!·c bike trail before the trail is mstalkd. Discussion ensued regardi ng fonds required for • piping approximate!)' I 3 to', nulc of City Ditch. Other conccms noted were dogs and possible c-coli. liability and security. Mr. Bloston said that they have had discussions with Denl'er \\'ater Dcpanment about purchasing temporary water to run in the City Ditch for imgation. Chairman Clark recom mended that Englewood staff mvest igate legal ru1111fications and 01hcr noted concerns rcgurdini: thi~ request and the Board continue discussion at the at the January 12. 2010 meeting . Motion carried. 3. \IR PETER HOGE DYll:E • RL:I\IBURSEMEl\'T FOR SEWER BACK CP AT 4841 S. PENNSYLVANIA Sl Mr. Peter I loogcndyl.c uppcarcd before th,· Board regard mi; a sc11 er backup at Ins mother's house at 4841 S. Pcnnsylrnma St on August 20. 2008 The backup \\as c.1uscd by blockage m the mam in lhc ullc}, • • • • Engle"ood contracted wnh Palace Co11s1ruc11011 for repair and cleanup. g1nng them a lcncr of pre-authorized sen 1ecs that the Cny of Engle\\ood would co, er The Board recch ed u copy of the release signed h~ the owner. Mr I loogendykc. authon,mg additional cleunup. Peter Hoogend)·ke bchc,cs that the charges from Palace Construcuon "ere cxcessh·e and his mother. being 91 and in 111 health. \\'OS not aware that ijddi11onal charges \\ould be fonhcoming. assuming the cleanup was COl'Cred by the onginal contract with Englewood . Mr. Hoogendyle filed a claim with State Farm un<l was denied because the dnmage onginatcd from outside the propeny lines. The H :iogendykcs are now being sued by Palace Construction for the remaining balance. John Bock provided background information on Palace Construction . Al approximately the same time, the City was obtaining bids for res1ora1ion services, with Palace Cons1ruc11on not being selected. Mr. Moore n01ed that the signed release did not itemize work Iha.I was 10 be completed. The Board agreed that U•ilities staff will pro,•ide suppon and assistance on the homeowner's behalf. The Board will discuss funher afier a coun ruling has been received . . ..... . ······· 4. REQUEST FOR ADVERTISING 01'\ SHERMAN TANK BY GROO\'E AUTOMOTIVE. Grool'e Automotive sent a lcucr 10 the Board requesting permission 10 place adl'enising on Englewood's Sherman Water Tank. Their request was presented 10 the Englewood Water and Sc\\ er Board and aficr careful consideration. the Englewood Water Board decided 10 deny Groove Toyota's request . It was decided that the tank , as pun of the Englewood public water system. would not be an appropriate display for udvcnising. The Board also wants 10 es1abhsh a policy to deny future rcc;ucsts to place advcnising on EnglC\,ood water tanks. Mr. Higday moved; \Ir 13ums seconded: lo deny Grool'e Au1omo!i1c 's rcquc-st 10 place a logo on l:11gk11 ood · s Shcm1an Wa1cr Tank and 10 establish a pohcy den)1ns fu1urc rcqu,-st:, 10 place ad, emsmg on Englewood water tanks. Ayes Members absent : l'>fo11011 carried . Bums. Moore. Cassidy. Wiggins. Woodward. Oaklc)•. Clark. H1gday. Habenich1 Kone None 5. WATER RIGHTS Ul"DA TE DATED SEPTEMBER 4, 2009 FROM DAVID HILL. The Board rcccil'ed from !)avid Hills. Englewood's Water Auomey, a water rights update dated September 4, 2009. Stu discussed dcl'elopmems in water li1igu1ion cases in which Englewood is inl'olved . 6. 131KE PATH ALONG CITY DITCH RIGHT-OF-WAY ALONG LEE GULCH . Stu noti lied the Board lhal Charlie Bloston. Cily of Linleton Director of Public Works, will be appearini; al the next Englewood Water and Sewer Board meeting 10 discuss a proposed bike palh along lhe City Ditch right-of-way from Lee Gulch to South Bcllc1•icw. The City of Llnlc1on is coordinating the project with South Suburban Parks and Recreation 7. TO UR OF Tit E LITTLETON 'Efl:GLEWOOD WASTEWATER TREATMENT PLANT. Dennis Stowe and J,m Tallent were present 10 conduct a lour for the Waler Bo.ird of the L111lc1onl Englcwood Was1cwn1cr Trenlmenl Plum. The 111cc1ing ndjoumcd at 5:34 p.m . • • • • The nc\l EnglC\\O\ld \\"a1cr .111,I Sc\\cr Board mee1ing will be held Tucsdai. '>:o,cmhcr to. 10119 01 5:011 p.m m 1hc ( ommunny De, clopmem Confcrcnc<' Room al my Hall Rcspec1fulli subm111cd. s Cathy Burrage Rccordmg SccrcU11)' • • • ORDl:S:ANCI '<(). SERIES or 2m<1 ll\ \l I IIORI I Y COUNCIL BILL NO. 54 !NTRODL!CTD llY COl!NC'IL MEMBER _____ _ ABILL FOR AN ORDINANCE Al!THORIZING A \\'ASTEll'ATER CONNECTOR'S AGREEME1''T BETWEEN CHERRY HJLLS HEIGHTS \I' ATER AND SAl"lT AT1ON DISTRICT AND THE CITY OF ENGLEWOOD. COLORADO. WHEREAS. the Cit)' of Englewood ou.ns and operates a sewage system. mcluding a sewage treatment plant winch ts Jointly ou.ned and opcrnted hy the Cuy of Lmlctun knou.11 as the L'E Wastewater Treatment Plant (W\\ TP): and WHEREAS. the L'E \\'\ITP pro'1des samta~ seu.cr semce to dtstncts outside c,fthe Englewood corporate boundanes through the mndard connector's agreement. and WHEREAS. the Cherry Hills Hei£)us \\'nter nnd Sanitation District desires tC> utilize the L, E W\\rf P for treatm ent of the Di strict· s sewage: nnd WHEREAS. the Cherri• Hills Heights Wnter and 3an11a11on Dtstntl ct1cnmpasscs approximtltcl) 42 acres having 23 taps: and WHEREAS. the \\'\Vil' is suuated phystcall) as 10 be able to rc,cc1\'e and treat the S(.•wagc from a dtslb'llltlcd area ser\'cd by the Cherri I hlls Heights Water and San11a11on District and gathered hy the Dis1nc1·s sanitary seu.·nge systctn: and WHEREAS. Cherry Hill s Heights Wn1er and Snnirn1ion Dis1ric1 will com,nue 10 vwn the lines and will be responsible for capital 1mpmwnu:nts in 11s system: and WHEREAS. the Englewood \l'a1er and Seu.er B<1ard miewed and recommended approval of 1he Cherry Hilb lk1ph1s ll'a1er and Sam1a11on O1stnc1 Wastewal<i' Conncct<>r's Agreement at their Oc1ohcr D. 2009 mceung; and NOi\', Tlll:REFORE. BE IT ORDAINFU ll\' rllE Cln' COUNCIL 01 1 1 IE cm· OF ENGLEWOOD. COLORADO. AS FOLI.OWS: Section I. The Agrecmcm between thcCII)' nl'l:ng lc\\Ood oml l'ltcrry llilb llc1gh1s 11'.ncr and Sam1~1h111 D1stnct cnti1lcd ··Wns1cwntcr t\,nnc..-cwr·~ Apreemcnf' 1s hcrchy np1uo,·cd: ;i cop)' 1s atlachoo hcr<111 a, Annduncm I. Sc:cuon ~ The Mayor 1s authomeJ '" execute and Cny Ckrk I() attest and ,acal the ··\\'asteu.'31Cf Connector's Agm.-mcnl'', for ond on behalf of 1he Engleu.'O<td C'tl) Council. Introduced, read in full. a1td passed on lir,t reading <1111hc 71h dai·, t December. 200'1. l'uhlishcd us n Gill for an Ordi nance 111 the t'ny 's 11flicial newspaper on 1l1c 11 • day of Dccemhcr, 2()09 Pubhshcd ns a Hil l for an Ord mnncc c,n the t'II) ·s oflicml \\ehs11c hcp11111111g 011 the 9'' dny "f • December. 2009 for th,ny (30) days. James K Woodward. Mayor ATTEST: Loucrishia A. Ell is. City Clerk l. Loucnshia A. Elhs. City Cieri( of the C11y of Englewood. Colorado. hereby cenify that the above and foregoing 1s a uuc copy or a B1II for an On:h.nancc. mtroduced. read in full. and passed on first rcadmg on the 7th day of December. 2009. Loucrishia A. Ellis • • • • • \\'.'\$TEWA TEP. CONK FCTOR'S AGR.EEMEJ\'1 ForDmncts Sewer Contract No . ___ _ THIS ,\GREEMEJ\'T. mad e and entered into this ____ day of _______ _, ~O_ to be effective as of _______ _. 20_; by and between the CITY OF ENGLEWOOD, CO LORADO, a municipai corporation, hereinnf1e1 referre d 10 as "City," acting by and through i~s duly elected, qualified and authorized Mayor and City Clerk, and CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado. hereinafter called "D istrict," acting by and through it s authorized Representative. WITNESSETH WHEREAS , the City owns and operates a sewage system, inc luding a sewage treatment plant which is jointly owned and operated with the City of Littleton, so situated physically as to be able to receive and treat the sewage from a desisruited area served by the District and gathered by the District 's sanitary -sewage system; and WHEREAS, it is the desire of the Distr ict to utiliz e the facilities owned by the City for the treatment of sewage and the City is willing to serve !he D1Stric1 for treatroent of sewage under certain conditions; NOW, THEREFORE, IN CONSIDERATION oflhe promises and for other good and \'a luable consideration hereinafter set forth, it is mutually agreed by the parties as follows: I . The City hereby agrees under the conditions here ina fter sel forth , Lo treat the sewage originating from the District's sanitary sr,wer system wilbjn the area served by the District as approvc-d by the City and as indicated in tl1e description auached hereto , incorporated bereio and marked as "Exhibit A." The District specifically agrees to prevent sewage from any area other than that described he rein, from being discharged into the Dist•'::'s sanitary sewage system connected to 01e City's trunk line and to prevent connections to the system from or in any area other thall tho se described herein. In the opcrati m of the District's sanitary sewer system, Lhc District B!,'J'ees that all applicable C-1,dc provisions and rules and rcgulanons of the City, including amendments thereto during the 1cnn of the contract, shall be tht minimum standards for the District's system. The Distnct further agrees w abide hy ull applicab le state and federal law s, rules, regulatio ns, or penruts, includini; those of the Environmental Protection Agency (th e EPA) as they become dfcctivc or implemcmed or up on notice from the City . 11,c District shall infonn all use rs, contractors and su r raetors of such standards, rules and regulations upon inquiry from such person s, un J ~ lL, not furnish any infonnntion inconsis tent thcrcwi0i. l,1 this regard. it s~a!I ~e the responsibility of the District to obtai n the applicable requirement~ f:vm the appropriate govcntlng body . The City shall anempl to mamtain nnd provide mfonnat ion on ;ii] requirements to the District ; however, T A 11 M L ,; T 1 the Cny doe! not !_!Uasantee the accu ra cy or completen ess of governme nt reh,ulau ons olher than th e Ci ty's own regulatio ns. 3. Re gardi ng the provision of sewer service, the Ciry's penniuing requirement s shall be followed by the District and its users . All sewer plans , specifications and methods of work within the District shall be submitted to the City in writing and approved by City pri o, 10 any co nstruction or tap in th e Di strict's designated area. No pellllit shall be final and no serv ice shall be provided to property until construction is approved, in writing by the City. 4. The District shall be responsible for the proper maintenance of its sewer system and shall rectify any problems or conditions which have been detennined b)' Ute District or City to be detrimental to City's treatment process or system . Should the City determine that any discharge enters the sewer system contrary to applicable laws, ordinances, statutes , rules , reguletions or permits , the District agrees to proceed at once to take whatever lawful means may be necessary to rectify any such problem or condition. 5. City shall have the right to allocate service under this Contract, and City may deny additional service for any utility-related reason, but in no event will City terminate or refuse any service without cause. City shall have the right to disconnect service to any area annexed to the Diruict when such annexation takes place without prior written City approval. • Within one year of this agreemen t, the District sball provide City with an estimate of the numbt of equivalent service taps needed for the next five (5) years under current zoning • and planned build out in the District's area as shown on Exlu'bit A. The District shall monitor zoning changes within its area to estimate its tap requirements and provide City with not ice of tap requirement for the next five (5) year period oftime io a follll satisfactory to the City. Notice of these re<Juiremcnts shall be given City on each anniversary dale of this Agreement. ~-City may impose and collect reasonable fees, toll s and charges , which shall be uniform as to all outside-City users for the services pro,~ded by the City under this Connector's Agreement. 7. Ci ty shall bill the District users directly for all applicable City charges for services rendered under this Agreement. Should any user not pay City, Cit y shall bill the District and the District sha ll pay th e amount due to City within fony-five (45) days of such billing. These charges are subject to adjustment by the City from time lCI time. When such adjustment to these charges are made, City shall give the Di.strict fon y-five (45) days advance written notice . Subject to 01e lcm,s of the Taxpayer 's Bill of Right s (TABOR), the term of this Agreement is for a period of thre e {3) years from 01e date of execu ti on and automatically renewed for six (6) subsequent three (3) year periods unle ss either party gives n minimum of six (6) months written notice , durin g which tim e~. District agrees that all effiuent produced from taps within the District shall nol bt m • ,vlation of any federal , state or City laws, rules or regulations, or any other ap,!Lab le governmental regulations or the permits under which the City operate s its sewage treatment systen1, City agrees, dur ing the tcllll hereof. to treat sa id efflu ent and 10 maintain ndeq unte facilities for treating the same . • • • • S. Tht District al'.,.rrees tha· 1t will m~tnum~. a~ tt~ cm n expense. all Imes nC\W owned mid operated by the Distrie:. n hcmt spcc1fieally agreed 1h31 C11y assumes no rc.,ponsibiln;• should any of the Oismct's Imes become clogged . damaged, or require mamtenancc Thr District shall, tf it deem, necessary. nouf)' its users of the Dmric1·, procedure tt• rcmed)' service disnip11 on ~ The City i, pro>1dit1s only sewage 1teatmen1 seiv,ce and, pursuant ll1ere10, p::muts incidental 10 the use of the Cuy's sewa~e Imes shall be governed only by llus mdhodual Con1tae1 wnh the Dismct and the City does noL b) this Contract, o!Tct lfeatment sCJVice CJ<cepl in stncl accordance ""th the terms hereof. This QmtraCI docs 110! offer, and shall not be collSlrUed as offc:nng, sewacc lftatmeru sCf\ice 10 the public generally or tu any area outside the lmuts of the District's SCl"\1CC &re:! described lO Exhibll A JO. Tins Conlfllct may nm be assigned, M>ld or lfansfcrred by the District without the City's wnuen consent. 11. Shou ld any federal law, rule, pernut or regulation or should a decree or order of a coun render void or unenforceable any provision of this Con1tact, in whole or in part, the remainder shall remain in full fort:e nnd effect . The District shall enfort:e this Agreement and each of its terms and conditions within the ara described in "Exhibit A." The Distnct shnll refuse to serve a user or potcnual user; d1sconnCC1 the service of an) user pursuant 10 appropriate law: or l3ke c•thcr appropnale hl:lim, m the event of: t Nonpayment of su:b user or any charge made by Cuy for scrvici,s; b. Any violation or noncolll!)hnnce by such user with the tem,s of tlus Agret.111cnt; c. Violation or noncompliance by such user with the applicable lnws, rules, permits or regulat ions of the Cil)', the United Stutes govenuncnl, mcludinµ the EPA, lhe Stale oi Colorodo, including the Depnrtmenl of Health, or ot her lnw, rule, pcnnil or applicable regulation, 13. Cominu~-d breach of this Agreement b)' tl,c DistnCI and!or its users shnll be eous1dc:rc:d cau>e for the Cll) to 1cnninatc UIIE Awee,nenl. Should the Oismct foil I<> pr<•mptly re::t,fy a breach of any pmvisim, 1dcntified herem. after nouce thcrtof. City may tule such steps and do sueh worl 3S II dCQJIS necessary lo enfon:c thn Agm.intn:. mcludmg huplion and specifically a nth! 10 inJunction or srccilic perfc>mmncc nrainst the Dismct or any of us usc:s ns 1s necessary 10 prou:a the City's S)'st~,n nud upmitions. TI1< pre,·ailing party shall he c,uitled 10 expenses and costs of suit, mcluJmr uuom<) fee,; 14. Should more than one district be conuccled IC• a sewer hne, all disui "• on the 3cwer line who arc in breach oflhi s A~'l'CCmcnl slrnll bejoillli)' and srl'orully lh,blr for any such breach oflhis Agrcemcnl nnd e:ich such district sl1111l immediately, nftcr notice, rectify uny problem <'r cond111on dc1r111wn:al II• thr 1tcatn•"·· •ir0('.t-Ss nri,ini: within II> lcgul bounda:1es \\nc:n more thnn one dmnc: ,s conn::ted If' 1 sewc: l me. nnd !he Cn,· dts::.iven any ,1ol ot1on of the 1cnru of thu co nn~lor's ai;rcement. the C'lt) shall ~ot ~• required to prove which dtstnct tF at faul1 bu: shall make available to all such nffe:ted distncts all lllfonnn1ion dev:loped or accumulated by Ci1y penamtng to such breach. Nothing contamed herein shall preclude a claim for indemnity or contribution by any District against another District connected to a common sewer hnc. CRS-13-2 1-11.5 shall govern the percentage of liability of any district on a common sewer line in the event the City seeks to impose liability based upon negligence or fault. 15. 1bis Contracl shall nOI be used as a legal defense or prohibnion 10 the mandatory consolidation of facihues by either party as may be required by lhe laws of the State of Colorado of all existing sewer collection syslerns and facilities to a govcrnmeotal cnti1y created to assume responsibility for sewer ~,cc in the area in wh.ich both City and State arc a part under Sllltutory or consututional authority. CITY OF ENGLEWOOD, COLORADO James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, City Clcik CHERRY HILLS HEQHTS WATER AND SEWER DISTRJCT STATE OF COLORADO COUNTY OF ___ _ ) ) ss. ) The forcgolllll instrumcn1 was aclcnowledged before me tins __ day of _____ . 200_, by __________ _ Wttncss my band and officia1 seal My Commission expires : ____ _ NOTARY Pl.JP' I(' 4 • • • • • • Exhihil A f.,i•t;nl D~,crlnt Iron Chern· Hill~ He ights Water und Sanil:nion Pi<lri_tl All of the area within the Re-Subdivision ofSubdivi si(ln ''A,"C,.~m• Hills Heights, as recorded upon the public re::ords of Arapahoe Cou .. t), Colorad~ on the 281h dny of April, 1941 in Town Plat Book No. 6 at Page 6, Reccpti ~· ".fo :78630, together with the following two parcels ofland identified herein as Pan •:l ' ·. 1 and Parcel No. 2 respective ly. and both being adjRcent to the easterly line of Lot:, B:n::k 6, Re- Subdiv1s1on of Subdivision "A," ChCIT)' Hills Heights. Arapahoe County, Colorado: Parcel No. 1: Beginning at th e point of intersection of Lots I, 2 and 3, Block 6, Resubdivision of Subdivision "A," Cherry Hills Heights, southeasterly along the west line of Lot 3, Block 6 of said Subdivision to the southwest corner of Lot 3; thence easterl y nlong the south line of the said Lot 3, 10 the southeast comer of said Lot 3, !~• Point of Beginning, then easterly along the arc of a curve the radius of which is 1222 .t and the chord of which is 168.5 feet in length , the bearing for said chord being 84°, 2~ 'E; thence north !5°00'E, 140 fee.. thence westerl y on a line towards the intersection of Lots I , 2 and 3 of said Block 6 to the intersection of said line with the easterly houndary of Lot 3; thence southeas terly along the east boundary line of said Lot 3 to the Point of Beginning, Block 6, a part of the southeast southwest, Section 36, Township 4 South, Range 66 West, 6'" Principal Meridian , County of Arapahoe, Colorado, also known as pan of 2703 E. Fl oyd Avenue, Englewood, Colorodo SO I I 0. Paree, No, '.!: Beginnin!! n1 the northeast comer of Lot 3, Block 6, Rcsubdivision of Subdivision "A." ChelT)' Hills 1-leights, thence eust 172 feet; thence south I 5°E 110 feet; then::e westerly along a line towards the intersection, fLots 1, 2 and 3 of said Block 6 to a poim on the easterly line of said Block 3; the •~· northw~tcrly along 1he easterl y line of sa id Lot 3 t to the Point ofBegi nning, a part f the sout,icast of the southwest one-quarter of Section 36, Township 4 South, Range 68 West of the 61h Prinicipal Mendian, Arapahoe County, Colorado, also known :is a part of270 1 E. Floyd Avenue, Englewood, Colorado 80110. The ubove described urea is depicted on n mop which is attached hereto us Pa ge 2 of this Exhibit A and incorporated hcrcm by this reference . 10016:IIC.: :-.r.,.: • COUNCIL COMMUNICATION Dalt: Agenda Item : Subject: De,ember -2(1()Q 11 a I TIii~ 16: Un111ed D~l'eiopment Code Amendments Periamm~ to ~ 1ed,cal Marijuana Pnmal\ Care-C11 er Us~ Initialed 8\~ Staff Source: Comm unity De, elopmenl Department A1an White. Commuml) De-elopment Director Audra L Kirk. Plan ner COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION On August 1 i, WOQ Englewood C11) Co1mcil appro, ed Ordinance tso. 34. Tilrs emergenci ordinance established a temporal) suspension or moratorium on Medical Marijuana Primary Care- gl\ ers until licensing and zoning regulations could be put into place. On October 3. W09 Englewood Ci" Council appro, ed through a second readin 5 Ordinance No. 41 TIiis ordinance amends TIile 5 01 th e Englewood Municipa l Code to include licensing for Medi cal Marijuana Pnmal\ Care-g" ers . PREVIOUS PLANNING COMMISSION ACTION On September 9. W09 the Englewood Plann,1,1• .u1d Zoning Comm1ss1on held a stud) Sl!Ss1on 10 begin d1scuss1on on Medical Marijuana a nd ho" 1 regulate it \\ilhin Title 16 01 the Englewc,od Municipal Cnoe. the Unified De,•elopment Code. This discussion carried over 10 the October 6, 2009 Plannini:, and Zoning meeting. During th e,e d1scus~ions the Cornm1ss1on discussed what zone d1s1ncts would be appropriate io, Medical Marijuana Primal\ Cue-givers as well as required permits, and conditions that would be suitable for this u1e. The Commiss,on conducted a Pu~-lic Heanng on October ~O. 1009. where testimonv "as cons1de.red During the Public He•ring. Com1ni1s1oners d,d discuss ,1ppro~na1e zone districts, spacing. requi red permits, and cond1uons that "ould be su11abl~ 1or Medical Marijuana. Ahl1ough the Comm,sston d,d agree on some 0 1 the 1ssut» al hand. the outcome 01 the Publi c Hearing "as that a motion le, recon1111end anwndrne nt~ 10 the UD ,ailed, RECOMMENDED ACTION The Planning and Zoning Cnrnn11ss1on·, ,ote on the ~hanges \\as ti ed and, th erefore. th e re ,snot a 1ormal recomm enda ti on 10 Council iron, the Pl,mnmg and Zoning Comm,ss100, Staff recommends that Council set Monda\ December 1 i . W09 as the date for Public Hearing to consider test imony o n proposed Unified De1elopment Code amendments rela ted 10 Medical ~lan1uana PrnnMy Car,;. g11er1 BACKGROU"IO In :?000. Colorado 101e•s passed a co11s111u1iona l <11nendmen1 allo'""f: 1h e use 01 medical man1uana Since 1ha1 im,e there ha1e been 1hree busmesses open m Engle"ood \\ith 1he 1,urpose oi being \led,cal Man1uana Pnmal) Care-g11 el$ Prior 10 the opening 01 th~..-busmesses Englewood did nol ha, e an\ regulau ons regarding Medical /I \aniuana Pnman Care-gi1 el$. On Augusl 1 •. 1009 Engle11ood Ci!I Council appro,ed Ordinance No. 34. This emergenC\ ordinance eslablished a ,e mporan suspension or mora 1orlum on Medica l Marijuana Primal)' Care-gil ers unlil licensing and zoning regulauons could be put in10 place. PROPO SED AMENDMENTS The proposed UDC amendmer.lS considered at the Planmng and Zoning public heanng I, Amend Table 16-5-1. I Tab/r of Allowed Uses 10 include Med ical Marijuana Priman Care- gi, er under the Medical /Scie ntific Services of 1he Commercial Uses portion ol 1he table. 1. Amend 16-1 I •2 10 include the following delinition: Mf'd1cal Marijuana Pnmary Care-gi1er: A person, other than the patient and the pa11enl's phvsician, who is eigh1een yea rs oi age or older and has significant responsibilny tor managing the well-being of a pat ien t who has a deblll1a1ing medkal condilion as defined In the Colorado Cons11tu1lon Article XVIII, Section 14 3. Prohibit Medical Marijuana Primal) Care-ghe1$ in the R•l•A, R-1-8 , R-l•C, R·2·B, R-:?•C, MU·R·3·A, /11l1-R-3-B and MO-1 zone dist ricts. 4 Allo\\ the use in M-1. M·2 and M0.2 (mixed use medical), as a Conditional Use with distancing requiremenlS, and,~ the MU·B-1 and MU•B·2 (buslness). as a permitted use with distancing requlremenlS. 5. Require that all new Medica l Marijuana Primary Care-gl1ers in the M-1, M-2 and the MO-2 be reviewed under the Conditional Use Permit (1 &-2· 12 EMC) process. F1.rther that the use be allo\\ ed as a use~ nghl in the MU•B-1 and MlJ.B-1 zone dlstriclS with distancing requiremen ts. 6. Add secti .:,n 1 f>-5-2.C. 1 3 10 Chapter 1 o 1ha1 establishes use specific standards for Medtc.al Marijuana l'nmar} Care-g~ er as iollo" s; a. The Lise shall .ip1,l1 for and receile a Condi ti ona l Use Pe rm11111 the M·l, M·2 and MO- 2 zone d1s1rlc1s b. The use shall no! bt-located "1thm 500 1eet 01 a licensed child care 1acil11). c. The use shall 1101 no> located ",thin 500 feet ot an1 educauonal 1ns111u1ton euher pril'ate or public. d. The use shall nm be located \\lth1n 500 1ee1 o! an\ chu rch or religious ins 1ltu1ion. e. The use shall not be located wi1hin 2,50') ieel of another like use Ii in the MU•B-1 or MlJ.8·2 zone distncn (, The use shall ha, ea Cir,· Sales ia\ license. g. The use shall comply with all applicable Cir, codes, b. "'dd ,ec11011 1 f>-5..t C.1111 J t11a1 establish~~ /I Pd1cal Man1uana Pr1m.1r, Caregil er'" J P,ohtb1ted Home Occupdlion Lse • • • • • • -"-dd =1100 16-5-l D-.d that estabhshes Medical ~1ari1uana Pr,m,11\ Care-G1·.er a, a Proh1b1ted Use ,n a Residential Zone D1stnct The ~nached map sho11s 1he e><1s11ng Medical Mari1uana Priman C.re•G11ers locat, I •.,i thn the Cit\ 01 Englewood. The blue areas indicate the 2500' buiier bet\\ een Prirnan Care-Ch "rs sugges ted b, the Plan ning and Zon in g Commission. Yello\\ areas in dicat e anv schoo l, churc h or reg1s1ered child care and ihe 500' buffer also sugges1ed bv the Planning and Zoning Commission. All red areas indica le areas of the Cit\' where zonong and distancing II ould allo11 ior ne1, Med ical Mari1uana Priman Care-Gi, ers. Additional amendments approved by the Planning and Zonin g Commission after the October W 2009 public hearing: l. The 2,500 root distancing requirement bet\veen like busonesses '" !he MlJ.8-1 and MIJ.8-2 zone districts not affect placement or hke businesses the M•I M .. and •').2 zone districts. 2. All dls1ancing requirements ,n all zone districts shall apply to facillties 11.:hln the City oi En glewood and/or across the Cit) of Englewood's boundanes. FINANC IAL IMPACT No direct financial Impacts are ldenufled with rhe adoption of the proposed UDC amendmen1s. LI Sl OF ATTACHMENTS Existing location Map Staff Report: October 20, 20()<} Planning and Zoning Commimon M1nu1es from Oc1aber 2r _v()'l Bill for O rdinance • n i s ~ CV,t/ldA ... -•>£ o.s Miles = i ! -~ ,.s City of fn,1-ood Proposed Zc,,1e Are,,s Allowing Medical Marijuma Primary Care Givers A~er Applying School, Child Care, Church and Existing Medical M4rijuana Primary Cart' Giver Buffers 0<1.,,,.,.,100<J .& Existing Medical Ma,:Juana Primary Care Giver -Arterial Streets 0 School, Child Care, and Church Property 500 Fool Buffer • Existing Marijuana Primary Care Giver Property 2,500 Foot Buffer -Collector Streets D eity Boundary • Resulting Zone Areas Allowing Medical Marijuana Primary Care Givers • • • TO: TH RU : FROM: DATE: SUB JECT: M E M O R A N D U M Planning and Zoning Commission Alan White, Director, Community De, elopment ~ Tricia Langon, Senior Planner Audra L. Kirk, Planner~ October 20, 2009 Case 2009-04 -Medical Marijuana Ordinance Amendmen ts to Title 16: Unified Development Code RE COMMENDATIO N: Staff requesu that the Planning and Zoning Commission review, take public testimony, and forward to Gty Council a recommendation for adoption of proposed amendments to Titl~ 16: Unified Development Code (UDC) pertaining to Medical Marijuana Primary Care-giver. PROCEDURE: Pursuant 10 16-2-1.B.4 of the Englewood Municipal Code, the Commission is authorized to review and make recommendations to City Council regarding updates to Title 16: Unified Development Code. Amendments to Title 16 are necessary so that the Code remains "relevant in light of the Comprehensive Plan and current development trends and planning concerns". BA CKGROUND: In 2000, Colorado voters passed a constitutional amendment allowing the use .Jf medical marijuana. On August 17, 2009 Englewood City Council approved Ordinance No. 34. Th is emergency ordinance established a temporary suspe nsi on or moratorium on Medical Marijuana Primary Care-givers until licensing and zoning regulations could be put into place. On October 5, 2009 Englewood City Council approved through a second reading Ordinance No. 41. This ordinance amend s Tille 5 of the Englewood Munici pal Code to include licensing for Medical Marijuana Primary Care-givers. On September 9, 2009 the Englewood Planning and Zoning Commission held a study session to begin d iscussion on Medical Marijuana and how to regulate It within Titl e 16 of the Englewood Municipal Code, the Unified Development Code. This discussion carried 0\ er to the O ctober 6, 2009 Planning and Zoning meeting. During the se 1000 Englewood Parkway Cnslewood, Colo rado 801 10 Plt()i\[ 30).762,2342 FAX 303-783-6895 www enat,NOOdgQ\ o,g discussions the Comm1ss1on mscussed \\hat zone d1stn c1> would be appropriJte for \\cdical I\ \Jrijua11a Prill\ary Care-gi, r rs .is "ell as required permits, and conditions that • • ,ould be suitable ior tills use. Through numerous discussions Communir, De, elopment Staff and Staff from the City Altorne)ls office determined that an additional definition beyond those outlined in the State Statute pertaining to Medic,11 Marijuana was recommended lor this ordinance. Zoning rP.gulates land use, how a property Is used or activity on a property; zoning historically does not regulate people or professions. For example the UDC does not regulate doctors, but does regulate wh~re they can practice, i.e. office use. The follow ing outlines the recommended changes to Title 16: Unified Development Code. Use Classification : The Commission '''ermined that Medical Marijuana Pr in ,Jry Care-giver should be added as a Commercial Use in Table 16-5-1.1: Table of Allowed Uses. Recommendation : Amend Table 16-5-1.1 : Table of Allowed Uses to in clude Medical Marijuana Primary Care-giver under the Medical/Scientific Services ol the Commercial. ~~~ . The Commission determined to use the same definition as the State Constitution relating to Medical Marijuana, Medical Marijuana Use and Medical Marijua11a Primary Care• giver. Recommenda tion: Amend 16·11-2 to include the following definitions: Medical Marijuana Primary Care-giver: A .,, rson, other than th e patle111 and the patient's physician, who is eight een years ol age or vlder and has significant responsibility lor managing the well-being of a pa tient who has a debllitatin!I medi cal condition a5 defined in the Colorado Constituti on Article XVIII, Section 14. Zone Districts: The Commission :letermined that Medical Marijuana Primary Care-giver is not an appropriate use in the R-1-A, R-1·8, R-1 -C, R-2-8, R-2·C. MU-R-3-A. MU·R ·3-B and the MO· I zone districts. These districts are made up primarily ol residential households. It was also determined that the use would be a prohibited use ~s a hom e occupa ti on. The Commissio11 also determi ned tha t the industrial dist ricts we.-~ not appropriate zone districts. The consensus ol the Commission was that the industrial districts did not have lhe high commercia l traffic of the recommended districts ,md therefo re would not be a • • • • zone distric t thJt would be as \ is ible to the µuhlic as 111 th~ medical and business districts. The Co mmi ssion did determine that a Medical Marijuana Primary Care-g" er is an appropria te use in M· 1, M-2 and M0·2 Medical zone districts "ith a Conditi ona l Use I ,·rm,1 ~,in as a permllted us~ m 1he MU•B· 1 and ,v\U-8-2 Zone Districts. Recommenda t,on: Prohibit Med;cal Marijuana P11mary Care-givers in the R· l·A, R· 1 ·B, R-1-C, R-2-B, R-2 -C, MU-R-3-A, MU-R-3-B and MO-I zone districts. Allow the use in M·1 , M·l and M0-2 (mixed use medical ), as a Conditional Us e with distancing requirements, and in 1he MU-B-1 and MU-6·2 (business), as a permitted use with distancing requirements. Appro.JI Procedure: The UDC identifies three types or "allowed" uses that are d1(/eren11ated by the type of review performed by th e City. A "Permil!ed Use· is allowed as a use-by-right provided all Code requirements are met. A "Conditional Use• requires a Conditional Use Permit with review by the DRT and approval by the Planning and Zoning Commission. Commission approval requires a public hearing which includes public notice by posting of the property and publication In the City designated official newspaper and/or the City's website. The Commission reviews the permit application for complian ce with aiteria (See EXHIBIT B: 16-2-16 EMC) and may in,pose additional requ irements of approval specific 10 the application. The Conditional Use Permit is the one rc\iew process that offers the opportunuy for community input in a public review. The Conditional Use Permit also requires an annual review for compliance wi th any requireme nts for approval. Recommend ation: Require th at all new Medica l Marijuana Primary Care-givers in the M-1, M-2 and the M0-2 be reviewed under 1he Conditional Use Permit ( 16-2-12 EMC) process. Further that the use be allowed as a use b y right in the MU-B-1 and MU-8-2 zone districts with distancing reqwements. Use-S pecific Standards: Use-specific standards are zoning compliance requiremcnls that form tl1e basis of review cri teria for a particular use. Recommenda tion: Add section 16-5 -2 .C.13 10 Chapter 16 that establishes use specific standards for Medical Mari1uana Primary Care-giver as follows: 1. The use shall apply for and receive a Conditional Use Permit in the M-1, M-2 and M0-2 zone districts. (Allows for communi1y input in a public. hearing and requires an annual review for compliance) 2. The use shall not b~ loca ted within 500 feet or a licensed chi ld care fa cil i1y. 3. The use shall not be located \\ithm 500 feet or any educational institution either private or public. • -1. The use shall not be located "uhin 500 feet of any church or religious institu tion. 5. The use shall not be located within 2,500 feet of another like use If in the MU•B· 1 or MU-8-2 zone districts. 6. The use shall have a City Sales Tax license. 7. The use shall comply with all applicable City codes. (Allows for review fo r compliance w;th all applicable Cit\' codes) PROPOSED AMENDMEN TS: The above recommendations are incorporated into the attached proposed amendments as shown in Exhibit A. ATTACHME NTS: EXHIBIT A: Proposed Amendments EXHIBIT B: 16-2-12: Conditional Use Permits EXH IBIT C: Ordinance 4 1, Serles of 2009 4 • • • 16: Unified Development Code • • Proposed Medical Marij:.iana Amendments -2009 16-S-l: Table or Allowed Uses. C. Table of Allowed Uses. Adult Use All typesu defined in p p 16-5-2 .C.I a,. 16-11 Agricultunl Use Oreenhouse/nws cry. raising or p p 16-5-2.C.2 plants, Dowers. orn stock Animal Sales and Animal shelta p p Service KenneVda care L p p Petstore(livc p p-p p p p animal sale Small anunal -.eterinary L L p C p p "1.11 o.-clinic Assembly Assembly ball..- auditorium. ball rcnl.ll r..-p p p C p p IJ)CClulgJ 01" socialoa:asions m >< :i: iii ::j > Title 16: Unified Development Code Proposed Medical Marijuana Amendments -2009 Mcmbcnhip ~ p p p C p p (cxcll>lliog adull -Dcpcnda,l Care Oq,endent ...,.., cenla 16-S-l.C.1 (less lh.ln 24-C C C C C p p p p p p C hour care. an • e Entertainmenf/ Amusement C C C C C C Amusement: Indoor establishment Hookah Loun e p p p p p Physical Omess p p p p p p ccn1u/ • Tl\eater and perfonnancc/con ccn venue. not p p p p p includina adult entertainment -General ouUloof Amuscmcnl: n:aalion C C C Ouldoor FUllncial lnstilUtioa O>eck euhiog p p p p ftcilit 2 • • • -16: Unified Oevelopmenl Code • • Proposed Medical Marijuana AmendmenlS -2009 Financial institution, with L p p drive.-through service Anancia1 institution. p p p p p p WJlhout drive- lhrou !CMCC Food and Bc~gc Brc !" p p p p p Servioe Caieru .. p p p Microbrc p p r Re.,taurant.. bar. tavern with or p p p p p p willlout outdoor :,om Rc:su\...-a.oa. w;~ drivc-lhrough L p p savice Takeout and p p p dell onl Mcdlcal/Sclcntifoc Oinic p p p p p p p p Service R ilal p p p p p p Laboralory (denial, medical p p p p p p p p p or ·ca1 3 Title l 6 : Unified Development Code Proposed Medical Marijuana Amendmt:nts -2009 C C I:! I:! 16:HCB Office p p p p p p p p p p p p p p p p p 16-S-2 .C.8 Raai!Salesand C Service Dry clcanu, p p p p p p (Pcrsoml Service) fT rile onl Instructional p p p p p p p p p p p p p p PenonaJ care p p p p p p Servi= phocography studio and photo p p p p r p lal>. upbc>lstay. printer. locksmilh.tailor Tattoo and body- placini p p establishment 4 • • • -It 1 &: Unified Development Code • • f':oposed Medical Marijuana Amendments -2009 C C 16-S-2..C.II Retail Sales and L r r Service (Repair and Rental) p p p p p p auto Rewl Sales and Anti uc store p p p p p p Servia: (Salea) An all p p p p p p Auction house p p p '3uy-back shop, second hand, p p p p lhrin, consi "' Convenience p p p p p store Grocery/speclaJ,y p p p p p p food store lntcnaca sales p p p p location --p p p p p p Pawnbroler p p 16-S -2.<;. •o Title 16: Unified Development Code Proposed Medical Manjuana Amendments -2009 Rewl sales, gu,cnl p p p P/C r p mcrcb1ndisc aru School Trade or business p p p C p p 16-5-2 .C.12 school Studio R.adioltelevis,on broadcas1mg s:ludio. p p p r recordinglfilm studio Vehicle and Au10mobile p p p 16,5-2.C.I0 Equipmcn& wnbrol<er Automoovc L p p 16-S -2 C.J .,.Jeo, rental AutoID;llivc scrvic:caftd n:pair. mcluding p p 16-S,2.C.4 body or render work 6 • • • .. 16: Unified Development Code • • ProJ')Osed M edical Marijuan.i Amendments -2009 ~cpll!.!", not L p p 16-S-2.C.4 ,nc1uding body or fendcrWCik r Automc>uve krYtOC mtiol'I I L p p 16-S-2.C.S line. fac.il,•y Cat wuh. auto L L L 16-S-2.C.6; 16- dcuilin S-2.C 4 Commercial 110r1geor p p 16-5•2 C.3 i'Cnblevchicles Fllc:ld" nsin L I p p Parlcing Cacili1y, wuctun, 16-S-2.C.3 (openble C C '-C L L C p p 16-S-2.C . I 4 vehicles), USC Pw:king area, ·-16-S-2.C 13; (opcnble C C C C L L C p p 16-5-2.C.3 vehicles). principal use 7 Title 16: Unified Development Code Proposed Medical Marijuana Amendments -2009 Visitor Bed and Accommodation breakfast p p p Ho<d p p p p F Hoc.cl, Extended p p p Stay WholcuJc S•lcs and distri but.ion p p [NOTE: The recommended changes are only affecled in the Commercial portion of the table. The remainder of Table 16-5-1.1 Table of Allo wed Uses contains no changes and is therefore not included h=J 8 • • • • • • Tule 16: Lnifi ed De,elopmen t Cod e Pro posed \\edical ,\larijuana Amendments -2009 16-5 -2 : L'se-S peclfic Stand nrds C. Commercial Uses 13 ~lsd1cal Mantuano Pomar\ Caregiver n. A Medical Manjuana Primgry care-giyer shall comply 11 i1b State and cay regulations including Cilv of Enelcwood Iicensine reauircments b. A Medical Mariiuona Pnmarv Care-sivec mav onen oo earlier than 8 A M and sha11 dose no later than 12 A M the same dav c. All Medical Mariiuana shall be kcot iodooo and not visible from the sidewalk or p,uhlj c rj Rb\ of way. d. A Medical MAciiu@on Primarv Can;·aiver shall not mdudc areas for consumpuon. and io Pddition shall COWPIY With State Starute 25-14-205 General Smoking Restdctioos o. Ristance Umicotions I. MU-B-i and' .1il No Medical Mariiuaoa Primnrv Carc·eiver ooerntion shall be located· Ca) within five hundred feel CSOO'l of a licensed child care facili1v; (b) within five hundred feet (500') of anv educational institution either orivate or oublis- Cc) wiJbio five hundred feet (500') of aov church or relicious iostitu~ (dl wjtbio 1w2:1b2usang five hundred Css1 C1 soo·1 of any other Meg;caJ Mariiuan? Pcimarv Carc•civcr use; 2. M-1 M-2 and MQ-2· lo uddjtjon 10 compljance with Section 16-2-12 EMC. "Conditi0o Use reaoi1s". no Medical Marjju;mn Prjmary CarMjyer use oocraiion sboU be ~ (a) within five hundred feet (500 ' 1 of o licensed child care fncilitv· (b) within five hundred feet csoo·, fcei of an·, cducauonal insutuuoo cuber PriYAlS or oublic· (c) wjtbio five hundred feet rsoo·i feet of any church or rcljgJOus ios1i1u11on: 9 TIiie I&: L rnfied De, el,,pme111 Code l'r opos~d \ledic JI ,\\ar11uana A111endm c11 1s -2009 3 ,\ftasucrma,, ofDistwrrc, \\'1th rcsocct 10 the d1stnncio& reomrcmems m this su b,mion bmvccn a location (or wh1ch 11 Medical Marj1unna Pnmary Cqrc-gn er pperatjon 1s 0roPPS£d and another use Lhc d)Slancc shall be measured bv follo\\tns a strmghJ line from the nearest 001m or the oroDCa> hoe of tbs location of the orooossd Med 1cnl Mariiuana Primary Cere-gi ver use to the ae;rcst QOIQ( of the O[PQSGY hoc of lhe SOttlfiC use !isled Mcasursmcnts ba~ed on ans iosh Cl"l to one hundred feet CiOO'l Araoahoc Countv Assessor macs shall be deemed acccotRble for this oumosc, 16-5-4: Acctssory Uses. Home Occupation. Occupalions cus1omari ly incidental 10 the principal use as a residence may be a))owed when conducrcd m lhe same dwelling, provided the fo))owmg srnndards are met : a. Dislricts Allowed. Home occuparions arc allowed 1n lhe following dis1rie1S: R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, an d MU-R-3- B. Only one (1) home occupation shall be penniued per dwelling unit. Home occupa1io ns may be pennined accessory to pnncipal residential uses located in nonresideutial distric1s (e.g., in a manufactured home 1ark located in an industrial district) provided lhe home occupation complies with all requirements of residential district home occupations herein. b. Where Allowed on Site. The horn, occupation shall be operated entirely within the dwelling unit and only by lhe person or persons maintaining a dwelling unit therein . The home occupation shall not have a separate outSidc cmranec. The home o.·cupation shell not be conducted m a detached accessory structur, c. Rtgis1ra1io11. All home occupations shall reg,.;1 •'·• Ci1y. d Salts e. (I) On Lhc Premises. The sal e on th e premises of items that hase been made, grown. or prepared on the premises shall be permitted The sale on the premi ses of any item lhnt has nol been made, grown, or prepared on the premises shall be prohibited. (2) Off 1hc Premises. Sales off the premises of such items as personal or household goods such as those products offered by Avon, Amway, Fuller Brush, Watkin s, CIC ., shall be pennmed. O,?cralional Requirt merts. • • • • • • Tille 16 Unified De,elop menl Code Pr,iposed ,\\edical Mariiu~na ;\mendmenls -2009 c Operational Requirements . f. (I) No 3SSistanlS or cmplu) ces that arc not residcnis of lhe princ1pul dwelling un!t sha ll be employed in the home occupa11on. (2) The hours and manner of sue~ uses and lhe noise created thereby shall not interfere with the peace, quiet, or dignity of lhe neighborhood and adjoini ng propen ies. (3) Incidental storage shall be allowed for items mlde on the premises and/or sold off the premises consistent with this Section. (4) The home occupation, including s1oragc of materials, equipment, inventory, and/or supplies, shall not utilize more lhan three hundred (300) square feet; provided, however, th at this docs not apply to permitted home care accessory uses . (S) The use of electric motors shall be lirruted in powe r, with a tolal limitation of one and one-half ( I 112) horsepower, and no single unit over thr.!e-founhs ( 3/4) hor..~power . Prohibited Uus. In no event shall any home occupation include the following business or co mmercial activities : (I) Animal hospital or kennel, animal daycare, breeders, ex cept li censed c3Jlir· and feline breeders. (2) As phah paving business. (3) Barbers, hairdressers, cosmctolog,slS, beauticians or any activ ity involving the skin, hair or nail s. (4) Body, mechanical repair , or modification of mot or veh1.lcs. (5) The sole, storage , manufocturc, or assembly of guns, kni ves or other v.eapons or ammunition. ( 6) Dump trucks. (7) Restauranis . (8) Towing business . II Titl e 16: Unified Develop men t Code Proposed ,\tedical \larijuana Amendments -:009 (9) Processes 1n,oh1ng the dispensing, use, or recycling of h:iz,irdous or nammablc substances and materials . • (10) Automotive vehicle sa les requiring a state dealer's license. CI I l Medical Meriiuana Primary Care-um. [NOTE: The recommended changes affect only lhe I-' >me Occupation scc1ion of Accessory Uses and is 1hercforc the enurc section is not included here) 16~11 ·2; PefioHlon oC\Yords, Termsa and Phrases. B Definition of Words Tews and Phrases Mcdrrnl Mariiuana Pn"moo: Cacc·rircr A ocooo as defined in the Colorado Coostuw.ism AnicJe XYW Section 14 who is listed bv a Medicnl Mariiuann Patient as a Prirnarv Care-Giver on the State Medical M@riiuana re@i§trv and for a Medical Mariiuana Patient as oroxidcd and defined in the Colorado Constitution Anide X'tW Section l4 12 • • EXHIDlr B 16-2-12 E);CLEWOOO l,11. ').1CIPA.L CODE 16-2-12 • 16-2-12: Condltlonnl Use Permits. There are some prinapal and accessory uses that raise issues of compatibility with their surrounding neifhborhoods, bu: which could be compatible if subject to certain conditions and safeil,lards througt the conditional use permit process . The Commission bas been given authority to approve conditional use permits, at\er notice and public hearing, in those cases where Table 16-5-1.l, "Table of Allowed Uses,' shows that a conditional use (marlr"ll as a •c• in the applicable table cell) may be available in a s;iecific zone district. A. Initiation. An application for a conditional use permit may be initiated by those parties identi- fied in Section 16-2•3.A EMC, or by any other party who can demonstrate a substantial, continu- ing interest in the property covered by the condi- tional use application. B. Notft:e. The City shall require that notice of re- quired public bearinp be given in accordance wiLh Section 16-2-3.G EMC. C. • City R,uiew. The City Manager er designee ahall review the proposed conditional use perm.it, and may refer the application to any department er aaeney fer ita review and couunents, and shall prepare a report cf its recommendations for re- view by the Commission. A copy of the report shall be furnished to the applicant. Coadllloaal Ott Ptrm ltl • D. Commiuion Decision. The Commission shall revi.,... the proposed conditional use permit application and the recommeneaticn cf City stall', and shaH uda a public hearina-on the app lication. Following such hearing, tho Commission aball c-\a written lindinp either approvina, conditionally approving, or denying the C()nditional use The decision on whether to approve or deny an application for a conditional use permit 1ha.i' ,e in wriliD&', bued upon substantial evidence presented at the public hearing. A copy the dec,s,o. orthe Comnii.ulon shall be provided lo th applicant. E Crittria. Conditional uses ■ball only be approved if they promote the health, safety, and general welfare or the community, and are consistent with the Comprehensive Plan. In addJtion, before approvin, a conditional use ponnlt, the Commission shall make written findings that the condi?onal uso will Implement the purposes or this Title and will meet the Ccllowing require- • ments: 1. 'l'b e use must be permitted as a conditional use in the zone distnct in which i t is proposed to be located . 2 . Taking into , .ideration any proposed mltiration measures, conditional use ahall not create sianificant adverse impacta on either th,e existing development in the surrounding neifhborhood or on any future development permitted by this Title. Significant adverse impacta include but are not limited to : Supp ).o. 12 a. Significant increues in traffic generation an~ ;,arkit\1 be)ond what would bo gener- ated by a use-by-right; CD16:40 b. c. l&-2-13 Buildlng heights or bulk that are sienif.canlly laraer or mor~ massive than those , nearby properties; Lack of acreening of parking, loadlng, traffic circulation, or outioor activities; garbage collect!on facilities and storage; d . Significant intru>ions of noise, light, dust , or glare onto nearby properties; e. Significant increases in burdens on housing, schools, public utilities, or governmental services beyond tboa• that would be generated by a use-by-right; or f. Hours of operation th..: begin significantly earlier or end si,nificantly later than those on nearby properties. 3. The nu.mber of off-street parking spaces shall not be Lesa than the requirements of Section 16-6-4EMC. • .. 4. The conditional use shall meet all other applicable ptoVisiona of the Englewood Municipal Code. 5. If the applich:lon ii for a conditional use telecommunicatiom tower or anlelll'a, it shall also conform with any additi.onal standards and requirement. for aucb IIBel specified in Chapter 16-7 EMC, "Telecommunications'. F. A{ter App:TJual. 1, All a pp roved plo.ns for the conditional use, including all modiflce'.ions or conditions on s11ch 2. use, shall be rKorded with the Arapahoe County Clerk and Recorder. All expenses of rKording 1hall be borne by the applicant and ahall be paid prior to r ecor ding. · Any person or penona using property under a conditional uae pemut shall operate such t in compliance with all Imm of the approval of that conditional use permit. All atipulati submitted u part of th, conditional use application and all conditions imposed by Commiuion aball be maintained in perpetuity with the coodltional use. 3. The City sball -iew all building pe.."Dllta th•t have beto bliued for the cnrul.itional use and sball eumlne tba collltruction that bas taken plhce on the aite to ensure conformance with the approved condltionfll use. G. Annual &vitw for Compliance. The City Manager or deslgnee shall review all approved cnnditionBI uae1 on a.n annual baois for complia.nce with ell terms of•~. roval of the conditional use permit. 1. If I.he conditional use is fo11nd to be in compliance with the terms of t he conditional u,e permit, the permit 1hall be renewed for one (1) year, 2. If the conditional use is no longer operating, the conditional uso permit shall t,e ,·oided and notice 1ball be recorded with the office of the Arapahoe County Clerk and Recorder. 3. If the conditional uaa is found nnt lo be in complia.nca with the terrna of the conlitional use permit, the conditionnl uu. shall be in violation of this Title and subject to enforcement pursuant to Chapter 16-10 EMC, 'Enfoiumen: a.nd Penalties'. H . Apptala. AJ:peals of the Commission decisiona on a conditional uaa application shall be made to the Council . . (Ord. 04--li) 16-2 -1 3: Limite d Uae Permit,. Administrative review la required for apecilied principal uses that, while generally appropriate in the _t I zoning district, may have the pctentinl for limited impacts on acijaccot ?'°pei:tiJI• or 011 ~•char acter. Supp No. 12 • •• [XHlll lT C OROINAXCE NO . .!J.L SERIES OF 2009 BY Ai.1nOR.'lY c o~cn. BILL KO. 42 IN"TRODt,;CED BY coui,;cn. M.D!BER OAKLEY A.'< ORDINA.'ICE AMENDING TITLE S, OF THE ENGLE WOOD :.nJN!ClP AL CODE 2000, BY THE ADDmoN OF A NEW CHAPTER 22, PERT ADIING TO MEDICAL MARIJUA,-:A PRIMARY CARE-GIVERS. WHEREAS, tbe Colorado Stoic Constitution was amended pertaining to Medical Marijullllll patiect.S md Primary Care-Givers; 2nd WHEREAS, the passage of this Ordinance will ameiid the EngJewood Municipal Code Title 5, with the addition of a new Chapter 22, pertaining to the licensing of Medical Marljuana Primary C&.--e,Givcrs in the City of Englewood, Colorado; and WHEREAS, the new Title 5, Chapter 22 follows~• Co!or3do State Constitution regardi.na care-giver as it pemins to medical marijuana; and WHEREAS, Chapter 22 covers the license a1dinj l!ll~ge re1ardi.ng tnnsfcr ofli~•• batkJIOu:id investigations, recordkecping. but other than that it follows the Colorado State Constitlltioc; NOW, THEREFOR£, BE IT ORDAINED BY TI-IE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~'lll-The City Council of lhe City of Englewood, Colorado hereby authorized amc:oding Title S, of the En1lcwocd Municipal Code 2000, by the addition of an new Chapter 22, ecctlcd •~cdical Marijuana Primary Care-Givers" to read as foll ows: ~: DEFINITimiS: N used in this Sscrion tbs foUowios tcrmt Jha11 have th► msaninn indicated· Mcdfml Mariiuaaa · All Part! of the plant C@envsl cMPabis used in the trcaJ.ment ofdebihtatins medical conditions as dsfinsd in ths CgJ2mdo G9nniwtion Artic1e·xvm Sssti>20 14 Alcdiml Man·;uona Patient A Patient H rlsflm:4 io the G9J2rad2 ConttiWtigp Article xvm S<Glton 14 who is regissrst u n Mcdisal Mariiuana Patient with the Stat; of Colorado Mtdiml Marifugaq P,imACi Cacr-Gim:: A PSJOP u dcfio•d in the Col2rad2 Cc n3tituti9D Article xvm Section 141 whp it li:Scdhv I Mstical Maciiuoa, Patism Ma Primaa Cue.OiYrr PP the Sat; Medical Mffliuon1 r;gjmy. Awfical Mariluana Rc¢1ta Cnr4 · A ccs:ist@tion card j33ued t? 1 Patient H dcfmed io tha A?Jw,dg CoNliNtion Aaids XVIlJ Sttti90 J 4· bv the Coloodq PSPartmcnt Pf PuhUc HEA\th W F.nyjJPJPPSDt which al!P idenUfiM tbe Patirnl ;pd ths Patient.'! Primarv Cacs.Oivg 1 1 1 bi Metlisel Mn .. .. cvwme Ute· Ths lll'..O • •• IPl?JYIPI PIPmban•)j I Y\SJQQQ P2Us<li9JI nmm . CgJgpdp Cpnstituti ~UPP thS:SP[ whjch.,. d pmn P[th• plant<<> , --.. ® Artidc xym s ti --J mmPPats for mcdi 1 --mYrlJ qpnabfa _ • S& PP J4. --su•aes 4•tiuel 10 Sh• ~-LICENSE RJQUIR Cwe:Qivq u 4sffw4 EQ· It 1ball lK unIUrfuJ Mg!jcaJ Mari' 19 •cguire, possess QrOduc • [qr •ox MqljcaJ Med ' . Urmv -.• JM Pt RWiiYIPI ----,-s PAA-wmert -· -·. !PIDI Primary frpm tly; Ott o[Ena)ewpod "m1•b• w tp ecJJ th• 11w P.~s 4,msme gr grpw · PJLSNt fiat Bhtzripjpg 1 rn: 4U1IC:\TIQNEOR •SF9tlWIF£ wilb Cb, -lJC:ffiSE· 4 Mod' plq l 2flhi1 Iitlr tq I Sui f~el MlliiPMI 1iSS3$C shall be · ~-IL -• g li219tl'l9 lttiUrn4 .-· ,smoo Ip . . PEQAI,J,ICTN~ PrjmmyCarc.0' IuJ • the; r. n :--· · -2E BiQIIIRl:Mli' -® q 91'Yl&IPeda1 · -~$• ln add ' ' b. Only•-· OOITSPFPI! NIPIY Ip thj• )icq,,;l\PP tg all gther WPxi•iPM gf thi, Rul -· mghgnp;d)avth C I ,gm t , . OP rtis)cXVITI mafthpCpl9lldoDml ___ pa9P4aCenfliMi A . rn 9 Puhbs Hselth and Rnvf SQdien 14 gr bv II, YCffiSB NOJ' '.": --arnroeo1 mav be u -be --1 "ANSf§RAJUB· . ---9:SP•g;! -tt,pa[sz:at te pnotb · A ld6GPM iuucd -F RCil9P --rnP1lWU SP this Chffi ' BAO'. -~1£ tlla!J P9l · --AROUND DM!~ jnw,rri -~GATTON· . yotiPP u PN1 etlb• . './ AppJir,pOilJ . sdrnm•J hlEPJPIP¥I ghg;l; f!JRIJstliPP PIPSW To• he, mlpFIES 1 R • qjrpjp•) he&k 4i•sl0••opy fe)opv ca f!P'!),senm Yfill he rtjccted 1r :"® Jl. A licensed · -PYJB\99' -·-- ·-Mecbca1 M .. p[Cp)ondo -:-JOIUIPI Pei AY C • _reswt1riPM n __ frc:Qiy;rfhallhave • ID tbJ:i· cgp1g o(alJ rcauircd J;;, Ww r • _Slate F g ,a tppljqpt 19 metU} .. wmm .J'is& MPSPEsm aM42n1Jifiati2Wofthis Cha ahfll 6905tiNle PPHP4a,; 'prgcn)qi flMfkrd ™' BEOJUBEP ,+CT§: PPl9Jl•tFPml g(Jb• tisw• ~ter A. Mfdi&N M,diuana . mw n -lriTIWY Cfre.oivefl I RN m]ptjgg tR th lhfll cqnply ·m t Y u:awmd bv the t · • me rnenlll ofthci · '-Med ' . ----dGmUPR Qfficcr. --·-· r WYSPlPIY __ ,r,) Mtrl1Y1P• friwrv --WM Q) YPID, -Can.otxm sh.all k;sp rccards _9[1Utrwasti ri n r · 9P3 W aJ Jmt ...,sm,q;! Ms41caJ Mwf . -·-- nlid MmiSfl MviiPMt w:3.PrirnvxCem:Qixm ebtJI PpbljcHpJtb and 'R _llieolR•Ristry Can! luutd b gpiy WUNM JgnmoQI 'th ---m,umrncnt ----JthcCakftd D ---WLI --___ g -SRNttP;nt pf 2 • • e. I issmsd MWcal Marl imno Ptimw Cw..C-Vvrn shol! a2sssn a SPRY of, nlld Msdisol Mviiuane Patient Rcsistrv Card iwcd PY the Cgtg@dg Pmlllrncut oCfublis Hahh Md EroitsnvPcPt for eU ule ~' fBQHIDITEP ACT§: A. No Mfflical Marliuw PrirnHY C,c;-Oivs: sb1ll 1s}J or oths:wiss; WPYidc PWilYAPa tg anYPne oths thAn wwn, wjth e nHd MqiisaJ Madiuana Bsshtrv Card iuuc4 Rx the C91sndP Dq,ytmspg pf Reith pd fmirnIPDFDl te minsrc4 Pf1iMtt· ~-Safety CJauses. The City Council hereby finds, determines, 111d declaru chat lhls Otdinance is pt0mlllg1ted \1llder the ae,,.enl police power of the City of Eqlewood, chat it is pomulgated foe the heahh, u.fety, and wd!ue of the public, and lhat this Ordinance ii necessary for the prescrvition of health and safety and for the protection of public convenience 111d wel!.ore. The City Co=il tllrther detCID!ine$ that the Ordinance bem l r&tional relation to the proper teplative object IOUiht to be obtamed. ~-Seyqabillty, If any cl1use, seDICDCC, pmeraph, or part of this OrdinaDce or the apptlclli011 thereof to any penon or c.in:amstallca shall for any reason be &clJudaed by a court of compctc:nt jurildletion invalid, rucbjudam.eo! ahall net affect, Impair or invalidate the remainder of this Otdinanco or it application to other persons or circumstances. ~-Ingmsjstent OrdjP19cg. ,\JI ocher Ordinances or portions tboroof incoruistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such mconsistt:DCY or conflict. ~-Effect of repeal er mpdjfjcatiop. The repeal or modification of lDY provision of the Code of the City of EQalewood by this Ordlnance lha1l not releas e, cxlinauWl, alter, modify, or clw,£e in whole or in pan any pcmlty, :forfeiture. or liability, either civil or crimhi.al, which lhal1 have been iD=red under such provision, and each provision sball be tta.tod and held u still remaining in force for tho putp0ses o( austainina any and all proper actioDJ, suia, proceodillg,, and prosecutioas for the eoforcaMII of lhe penalty, forfeiture, or liability, as well as for the pwpose of IUStlinin& ao;y ]udgmcnt, decr-ee, or order which can or may be rClldered, entered, or made in such actions, ruia, proceedmgs, or prosecutions. ~-~-The Penalty Provision of Section l-4-1 EMC shall apply to each and every violation of this Ordinance. Illlroduced, read in full, amended and pa.ssed IJ amended OD first readlng OD the 21st day of September, 2009. Published u III amClldcd Bill for an Ordinance in the City's official newspaper on the25• da)•of September, 2009. Publistcd as a:, amc:ided Bill for 11:1 Ordinance en tl.e City's o5cial website bCJincini on the 23,. d.1y cf S,pt=ber, 2009 fer lhL"t)' (30) days. Read by title and passed as amended on final reading en the s• day of October, 2009. Published bl title as amended in the City's official newspaper as Ordinttce No. --J Series of 2009, on the 9 d3y of October, 2009. Published as amended by title on the City's cffic:ial websi:e beginning on the 7th day of October, 2009 for thirty (30) days. ATTEST: JaQ.esK Woodwud,Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the amended Ordinance passed on final rcadina and published by title as Ordinance No. --J Serica of 2009 . Loucrisbia A. Ellis • • • • • • Pl;innm 1 <ll<i Zooms Comnu,-,on Puhl:< lk.nng D.<•~ Oc1obcr 20. 21)1)11 r•8• I or 10 CllY OF ENG LEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING Octobe r 20, 2009 I. CALL TO ORD ER fl The regular meeting of 1he City Planning and Zoning Commission was called to order at 7:00 p.m. in 1he Council Chambers of the Englewood Civic Center, Chair Bleile presiding. Present Absent: Slaff: Bleile, Roth, King, Wel ker, Krieger, Knoth, Fish, Calender Brick, Kinton (alternate) Alan Whit e, Commun ity Deve lopment Director Audra Kirk, Planner I Nancy Reid, Assistant City Attorney II. APPROVAL OF M INUTES October 6, 2009 Knoth moved: Krieger seconded: TO APPROVE THE OCTOBER 6, 2009 MINUTES Chair Bleil e a~ked if there were any modificalions or corrections. Mr. Welker noted on page 2, fi rst pa ra graph, last sentence the word "in" be added before the word residential. Mr. Knoth and Ms. Kri eger accepted Mr. Welker's friendly amendment. AYES: NAYS: Bleile, Roth, Welker, Krieger, Knoth, Fish, King, Calonder None ABSTAIN: None ABSENT: Brick Mo1ion car ried. Ill. PUBLIC HEARI NG 0 Case #2009-04, Amendments to Title 16 Relaled to M edical Marijuana Roth moved: Krieger seconded: TO OP[N THF. PUBLIC HEARING ON CAS[ #2009-04 r . .i.-,n,ni In«! 7\ir.m!= C1l!J'l."'J1! l~l n Pubhio llranng C.s< •2009-0-1 Octol,i:r 20, :OOQ P"' 2 of 10 AYES : NAYS: ABSTAIN: ABSE:-.'T : Bleile, Roth , Welker, Krieger, f..n oth, f"h f..mg. C1l o11d,·r None None Brick Motion carried. ·EJ Ms. Kirk, Planner, was sworn In. She stated the case befo re the Comnussion Is Case !2009-04, proposed changes to Title 1 & Related to Medical Mar11uana Alread\ submitted for the record are the Staff Report and proof of publication that the hearing was published in the Englewood Herald on October 2, 2009 and on the City of f nglewood wcbslle from September 23 , 2009 to October 20, 2009. In 2000 Colorado voters passed a constitutional amendment all 0\\1118 the use or medical marijuana. On August 17, 2009 Englewood City Council apprO\Cd Ord111ance No. 34, an emergency ordinance establishing a temporary suspension or moratorium on Medical Marijuana Primary Care-g ivers until licensing and zoning regulations cou ld be pu t into place. On October 5, 2009 City Counci l approved through a second reading Ordinance No. 41 . This Ordinance amends Title 5 of the Englewood Muni ci pal Code 10 include licensing for Medical Marijuana Primary Care-givers. On Septembe r 9, 2009 Eng lewood Planning and Zoning Commission b<'gan d,scu;sion 011 Medical Marijuana and how to regulate it within Title 16 of the [nglcwood Munlcip,,I Code -the Unified Development Code. The discussion carried o,er to the Oc tober 6, 2009 Planning and Zoning Commission meeting. During these discussions the Corrumssion discussed appropriate zone districts, required permits and condi11ons that would b<> suitable for Medical Marijuana Primary Care-givers. Also discussed at the Planning and Zoning Commission meetmgs \\ere Use C"la1srflc,111011, Definitions, Zone Districts, Approval Procedures, Use Specific Standards and d1 ~t,mcong. The Commission recommended the use be added as a Commerd,,I Use in T,1bll• I 6-5-1 I Table or Allowed Uses. The Commilsion determined to use the sam J defi11 itio11 as the S1,lle Const itution relating to Medical Marijuana, Medical Marijuana Use, and Medic,1I i\l,1ri1uJ11J Primary Care-giver . The Commiss io n determined that Medical MMij.1a1p Prim,H\ C.ue-)ll,cr is not an appropriate use in the R-l •A. R-1-8, R-1-C. R-2-A. R-2-8, MU-R-3 -A, MU-R-3 8 ,md MO-I zone districts. TI1cse districts are primarily residential districts. 1hr Commis ,io 11 al 10 determined that the use wou ld be proh ibited as a home occupa tion. It was also detl•rrninetl th at the industrial districts were not an appropriate district due to the la d of high traffic found in commercial districts that would make the .irea more visible 10 the public It was determined that a Medical Marijuana Primary Care-giver would be an appropriat e use rn the M-1, M-2 and MO-2 medical districts with a conditional use permit and as a pl•rmrued use in the MU-B-1 and MU-B-2 zone dist ri cts wit h distan cing requirements. • • • • • • P!J."':mna .ir.d 71.,mnp Cornmm,,,n Pubhc He.inn, Cne 1111~000-o.i Octobc: :o :00•1 P,,d o: 10 Af1er d1scu~s1on 1he Co1111111s~ion recommenda11on \\JS: Proh1b11 Medical ,1arijuana Primary Care-ghers in 1he R-l·A. R-1-8, R-1-C, R-2-A, R-1· 8, MU-R-3-A, MU•R·3·8 and MO-I zone dislricls. Allow 1he use in M·l, M-2 and MO· 2 (mixed use medical) Js a Conditional Use wi1h dislancing requirements and in MU-8-1 and MU-8-2 (business) as a permi1ted use \\llh dislancing requirements. The Unified Development Code identifies 1hree types of "allowed• uses 1ha t are differen1ia1ed by 1he type of review performed by 1he City. A •Permilled Use" is allO\\ ed as a use-by-right provided all Code requiremenis are met A "Conditional Use• requires a Conditional Use Permit with review by the Development Review Team and appro\al by 1he Planning and Zoning Commission. Commission approval requires a public hearing which includes public no1lce by posting of the property and publication In the Jesigna1ed official newspaper and/or the City's website. The Commission rf!views the permit apr,lication for compliance with cri1eria and may impose additional requi remenls of approval specific 10 the application. The Condi1ional Use Permit is the one rev iew process that offers the opportunity for comm unity input in a pub lic review. The Condiliona l Use Permit also requ ires an annua l rev iew for compliance with any requiremenls for approval. The 1hlrd type of use Is a "Limited Use•. The limi ted use does requ ire additional review, however can be done administratively . Use-specific standards are zoning complia nce requirements that form the basis of review criteria and recommendations for a particular use. Commission recommendation : Add Section 1&•5·2.C.13 10 Chapter 16 that establishes use specific standards for Medical Marijuana Primary Care-giver as follows: 1. The use shall apply for and receive a Conditional Use Permit in the M-1, M -2 and MO-2 zone districts. 2. The use shall not be located within 500 feet or a licensed child care facility. 3. The use shall not be located within 500 feet of any educational institution ei1her private or public. 4. The use shall not be located within 500 feel of any church or religious inshtu11on. 5. The use shall not be localed wi1hin 2,500 feet of another like use if in the MU-8-1 or MU-8-2 zone districts. 6. The use shall have a City Sales Tax lici,nse. 7. The u<e shall comply with all applicable Cily Codes. (Allows for revi ew for co mpliance with all applicable City Codes) Ms . Kirk referenced 1he dislanci ng map thnl was dist ributed at the start of the mee1ing, The map shows the locations of the existing Medical Marijuana Primary Ca re-give rs. She nolcd l>ii!Jlnmg 311J l.>n1ng Commission Pubhc Heanni c ... ,1009.0,1 Oaobcr _o ~009 P11<J oflO each large blue circle has a diameter of 5,000 feel; 2,500 feet of each side, which is the required distance in the MU•B· 1 and MU-B-2 zone districts. Ms. Kirk noted portions of the 2,500 foot buffer extend into the M· 1 and M-2 zone districts. The Commission must determine if the distancing buffer from the MU-B-1 and MU-B-2 zone districts end at the zone district or extend into 1:ie M-1 and M-2 zone districts. That concluded Ms. Kirk's presentation and she offered to answer any questions the Commission might have. Mr Welker asked if there is a Medical Marijuana Primary Care-giver just across Engle-.,ood's borders, does that facilitv preclude a new one inside Englewood's City limits within the 2,500 feet. Ms . Kirk said Staff would only regulate what is inside Englewood's boundaries. Staff would have no way of knowing what is happening outside Englewood's borders. Director White noted t he Commission could make that a recommendation and part of the applicant's application would be to add ress where othe r like bus inesses in the area are located. Chair Bleile asked if there were any other questions for Ms. Kirk. There were none. Chair Bleile noted for the record that no one in the audience wished to address the Commission. D Welker moved: Ca lender seconded: TO CLOSE TH E PUBLIC HEAR ING ON CASE #2009-0 4 AYES: NAYS: Bleile, Roth, Welker, Krieger, Knoth, Fish, King, Calender None ABSTAIN: None ABSENT: Brick Motion carried. 0 Krieger moved: Fish seconded : CASE #2009·0 4 AMENDMENTS TO TITLE 16 UNlrlED DEVELOPMENT CODE RLLATED TO MEDICAL MAR IJUANA PRIMARY CARE-GIVER AMENDMENTS BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION . • • • • • • Plinrunc ~J 7A•:.11:1 C"cmm.u:.,m Puhh ... Hc.anrr Casc,,M-OI O<tuocr :o :oll9 P,ie l of 10 Dis cussion ensued rcgard111g distancing requirements. Mr . Welker noted he did 1101 bcl iel'C distancing requirements have ever applied to businesses outside Englewood's boundaries, but (eh ii there was a school on Denver or Littleton's boundary 11 should be considered. Mr Fish asked ii that type o( distancing applies to any other businesses in the City. Ms . Kirk said it did not Mr. Fish said ol the entrties that the City does have distancing requirements lor does the City apply that kind or a rule to them. Ms. Kirk said no. Discussion ensueti Mr. Welker asked Assistant City Atlornev Reid if there would be issues if the City I egulates based upon a like busin~ss in a no the r u risdiction, but within Englewood's ➔istanclng requirem en ts. Ms. Reid sa id that has never been done a11d she would have to do so me research and present her find ings to C-111 \..ouncil. Mr. Fish sa id if the Ci ty does goes down that path, the Issue of who provides the information needs to be determined. He sta ted he is hesitant to go that way because of legal issues; we are not sure how to do it and it has a variety ol complex issues surrounding il. Mr . King said these are complex legal issues; the State's Attorney General do?sn'l ev~n know how to regulate Medical Marijuana. He slated he doesn't necessarily have a proolem with Medi ca l Marijuana in general, but he does have a problem with the confl,c(s between the Federal and State laws and tha t are no defi ned regulations from the State Attorney General, leaving it all up to the cities and towns on how to deal with this issue. Ms. Krieger stated the Commission is not dealing with the same issues at the State's Attorney General. The Commission is dealing only with zoning issues; where do we want to allow something that the State has said is legal. Discussion ensued. Mr. King stated the Commission could always relax the regulations at a later date. He lelt the regulations need to be tighter rather than looser to begin with. Ms. Krieger said she's probably in the minority, but after looklr1s at the distancing map she fee ls that the 2,500 loot distan cing requirement is too great . Mr. Fish agreed. He said there are some members ol the Commission who have clearly stated that they want none of these facilities or uses inside the City, but to set uo rule structures that say you can have iL but not really, Is a poor way of going. I( the Co ,mission does not want them at all, then let's write the rules clear and simple . Let's not wnte distancing so it precludes them being in the City Ms. f.:ri egcr said she would (ee l more comlortable if the distanci ng requirement was reduced to 1,250 lcet. Mr. Welker said there are three issues to resolve to niPlit and the Commission may ha\c to make motions on them independen tly. Mr. Roth said looking at the distancing map there is room lor approximately 7 or so facilities outside ol the medical district. One of his concerns is that in ,everal of the allowabl e areas it is doubtful a facility would locate th ere, such as In Cornerstone Park. The Commissio n did not suggest a distancing requirement lor parks . Ms . Krieger said th ere are many nr lghborhr'Jd parks that blanket the City. Pbrunn1 tnJ ?:on,:ic Cr,mmnu .m Puhli.: He.inns Cav •100II-O-I Oclobc, ~-1009 P,g, 6 ofl0 Mr. Fish sugg ested the Commis si on work on one issue at a time. B Fish moved: Welker seconded: THE 2,500 FOOT DISTANCING REQUIREMENT BETWEEN LIKE BUSINESSES IN THE MU•B·l AND MU•B·2 ZONE DISTRICTS NOT AFFECT PLACEMENT OF LIKE BUSINESSES IN THE M·l , M-2 AND M0-2 ZONE DISTRICTS. Discussion ensued. AYES: NAYS: Bleile, Roth, Welker, Krieger, Knoth, Fish, King. Calonder None ABSTAIN: None ABSENT: Brick Motion carried . El Welker moved: Krieger seconded: REDUCE THE 2,500 FOOT DISTANCING REQUIREMENT FROM LIKE BUSINESSES TO 1,250 FEET. • • Mr. Roth felt reducing the distancing requirement to 1,250 feet would allow for too many faciliti es for the Englewood population service area of 60,000 people. Mr . Rsh stated he felt that was reaso nab le. Mr. Knoth said he felt the Commission was being anti-bus iness placing any restrictions on something that is legal by the State Statutes. Mr. Roth quoted from an article In Wescword that said Denver is the wild wild west of the medical marijuana business. We have precederce of being anti-business when those businesses do not reflect the values of the citizens. Ms Krieger said she did not know how helping sick people is not reflecting the values of the cit.zens . Mr. Roth said one of the existing Englewood businesses is advertising in Wescword as. a medical lounge. Ms. Krieger said she understands the abuses of medical marijuana. Mr. Roth said the use is ripe for abuse; we need to place controls on it and it is harder to tighten contro ls rather than loosen them. Ms. Kri eger agreed. Mr. King asked how the City is hurting the people by not allowi ng 20, 30, 80 or 100 facilities. He said he believes the three existing facilities could service the whole population base. Mr. Rsh asked what he was basing that on . Ms. Krieger said from a business standpoint the City doesn't tell clothing stores we don't•want you. When th e City put restrictions on the u:r dealers several years ago we lost several of the good dealers and they were very angry with us. Ms. Krieger said she believes Medical Marijuana needs to be kept under control, but doesn't t:,i11k limiting it to whoever got here firs t is the way to go. Mr. Knoth said he believes the free market will dictate how many will open. Mr. King said again his concerns aren't with Medical Marijuana, it's with the image issue and until there • • • • Jll.innmg !lnJ :fonmg Comm1\~;on P.Jh!t-: Hc.u·1n1 Ca« •!009-0< 0t ,NJC'f 10. :009 Pa&e 7 oflO are clearly defined legal guid elines. wh,,1 happens when thi s all blo"s up and ,,e lme 10 deal with the mess ? It may or may not, but the Stale Auomey General doesn't e, e,1 knew how to handle it. Disc uss ion ensued. Mr. Welker said he wou ld rather have la rge shops th at a re visible rather than many small ones. Mr Fish said he believes the City's rules will have an impact on how many can open. Cha ir Bleile ca lled for a vote. AHS: NAYS: ABSTA IN: ABSENT: Krieger, Knoth Fish, Blei le, Ro th, Welker, King, Calender None Brick Motion failed . Welker moved: Calonder seconded: ALL DISTANONG REQUIREMENTS IN All ZONE DISTRICTS SHALL APPLY TO FACILITIES WITHIN THE CITY OF ENGLEWOOD AND/OR ACROSS THE CITY OF \JGLEWOOD'S BOUNDARJES. Ms. Krieger said historically the City has not taken into co nsideration wh at happens ou tsi de of the Ci ty's borders. She did not believe ll Is a good idea. Mr. Kno th said that motion could knock out every area in the medical district Ms. Krieger agreed. Mr. Welker said not nece~sarily so because in that area the use would be a Conditional Use with no distancing req uiremen ts. Ms. Kriege r salrl by pot en tially elimi natin g the rest o f the a1 eas all we are doing is forcing any applicant who wants to apply for the use In the medical dis trict to see how many they can fit in there and that we will let them. Mr. Welker said he would just like lo consider the motion, Chair Bleile said he feels it is a good sense of commw1ity. Chair Bleile called for a vote. AYES: \Jt\YS: ABSTAIN: ABSENT : Ro th, We lker, King, Calonder, Bleile Fish, Krieger, Knoth None Brick Motion carried . Mr . Fish asked what the purpose was of having Condi tional and Permitted uses in the two area s. Mr. We lke r said so tha t they mig ht have closer spaci ng in some areas. Ms. Krieger said she voted for a Conditional Use in the medical area because there is a lot of residential there. The Conditional Use also allows for public input Mr. Roth felt the distancing requi reme11ts he lps simpl ify the process . Pl ... .:uni .11\J 7.o:imr Comnnui(ln Pu.,., llunot C1"•:1llJIJ.O,.I Oc1,,hc:r20.:!'Xn P,,c lo( 10 Mr Roth asked D1rec1or White ,f he tell no t ha\ ,ng a dis ta ncing requirement from a park would be an issue, especially ne.ir Belleview Park. Director White said he did not. Chair Bleile sta ted fo r 1he record he was disappoin ted that the re wasn't more public in attenda nce. He sa id he thought this pa rticular Iss ue, fro m a commun ity perspective, would bring some passionate people forward to comment either way, especially cons idering the records of prior City Council meetings and the comments that were raised . I le said he understands business requirements, as somebody who has had a small business in the past and Is all for small busine sses . He doesn't feel restrictions should be placed on businesses all the way from the Federal government down to local communities, bu1 al the same ume \\ e do establish Planning and Zoning committees to make sure or to have a voice as to what we want to see and what kind of value our community has. He does not \\ ant a sign with a marijuana plant on it at each end of Broadway saying "come to Englewood, we sell pot•. He noted some time ago the City Council went after an established business in Englewood with a sign of someone smoking pol. We were against a sign with somebody smoking pot, but we're for the ac t of smoking pot. Mr. Fish no ted smoking is not the issue; the City cur ren tly has a smoking ordinance In place. Ch air Bleile doesn't care if peop le want to pa rticipa te in the use of medical marij ua na in the privacy of their own home, but this issue does not fi t in to what his vision of Englewood would be from a roadmap perspective. • Ms. Krieger said the guidelines the Commission is proposing has severely limited people from coming to Englewood for medical marijuana. From her perspec tive she doesn't know • what the difference is between med ical marijuana and all the liquor stores we have. Mr. Welker said by recommending the City do allow Medical Marijuana Care-givers in certain places he doesn't believe we're saying that we don't want business. We've acknowledged it, but we are also saying He have a community standard and we want some limits. Mr. Knoth said medical marij uana Is somethi ng that is recomme nded by a Doctor and there are hu ndreds or fa ci lities around the metro area. He said he feels Englewood is losi ng sa les tax. Chair Bleile asked if it is o.k. to sell your mo rals out for a dollar. Ms. Krieger said she doesn't know how this is selling your mora ls out. It's the differen ce between seei ng it as medicinal marijuana and seeing it as teenage kids trying to get high. Some Commissioner's questi oned the fac1 the City is losing sales tax dollars . El The original motion shall be amended to include: I. 1 he 2,500 Fnot DisliJncing requirement between ltkC' businesses in th e MU-IJ.1 and MU-8·2 Zone Districts not affect placement of like businesses in 1he M-1, M-2 and M0-2 Zone Di;r,im. • Pl,111n,n1 and Zonin1 Comnuscon 1'11~1" ll<>nng c,.,, "2009.0. October 20. 2009 P>i< 9 or 10 1. -\II d1,1ancmg req wrcmcn l5 in JI/ Zone 01s1nru sh,1// apply rCJ fa cil,r,t's w,rh in the Ciry of Englewo od and/or dcross rile City of Engle11 ood'; boundaries, Mr, Fish voted 110 because !here are too man)' flaws in the process and ii hasn't bee n thought out well enough, not 1hat we haven't given our best. There are too many implications of things going wrong. Ms. Krieger vo ted no because it's too restrictive. Mr. Roth voted yes because based on what he has read in the Comp Plan, Section 7, this does allow (o r more than the three facilities we cur rently have. Goa l 1 or Seuion 7 states "To provide an economic reliable environment that builds and maintains a diverse base of businesses•. We are allowing a new type or business. It also maintains the dive rse base because it lim its where they can go and also the number. This Is probably the most effective approach the Commission could come up with. Mr. Knoth vo ted no beca use he believes th at the City is cutting itself off of sales tax. Mr. King voted yes even though he feels ii 1s not restrictive enough. He said he's no t trying to be anti-business; he is a business owner himself, but is conce rned over th e legal issues. • He would rather see some other community work out the issues. • Chair Bleile vo ted no because t!le use should be restricted to the medical district only. AYES: NAYS : ABSTAIN: ABSENT. Motion failed. Roth, Welker, King. Calonder Fish, Krieger, Knoth, Bleile None Brick IV. 0RCOG -2009 DENVER REGIONAL NATURAL HAZARD MITIGATION PLAN 0 Discussion was tabled. V. PUBLIC FORUM IQ Mr. Randy Miller addressed the Commission. He stated he is a lifetime reside nt of Englewood. He said he and a friend have do ne a lot of research in regards to opening a dispensary in Englewood. He said he has a printout from the Department of Public Health that clarifies a lot of the facts . It says over 800 physicians have signed for patients In Colorado. He said he Is very pro-business and want s to do everything by the book. He said Pl;wi:.:ng "'1lJ lur11n1 Corr.ms.s,oo Pllblu: lle:inn1 c ... •~009-~ Oc10ber 20. WO? Page I0of 10 it sounded hke to him that the Commission is tl)111g to make It as lmd as possible for people hke us 10 open a business. VI. DIRECTOR 'S CHO ICE ,.Q, 9irector White provided an update on future meetings: November 3 -Study Session, murals and sign code amendments November 17 -Study Session, murals and sign code amendments December 8 -Review of 2009 priorities December 22 -Meeting canceled VII. STA FF'S CHOICE e: Ms. Kirk had nothing further to report. VIII . ATTORNEY'S CHOICE 0 1 Ms. Reid had nothing further to report. IX. COMMISS IONER'S CHO ICIE 0 The Commissioners had nothing further to report. The meeting adjourned at 8:25 p.m. • • • • • • ORDINANCE NO . SERIES OF 2009 BY AUTHORITY COUNClL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5 AND 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINIING TO THE UNIFlED DEVELOPMENT CODE AND MEDICAL MARIJUANA PRIMARY CARE--OIVER. WHEREAS, in 2000 Co lorado vo1ers passed a Cons1i1u1ionol Amendmen1 concerning medical marijuana; and WHEREAS, the purpose of 1his Ordinance is to provide for zoning of a Medical Marijuana Primary Care-Giver use withou1 violating 1hc S1a1e Constitu1ion or federal s1a1u1es; and WHEREAS, dispensaries. growers and nuncrics are not defined in Aniclc XVIII of the Colorado Slate Conslirution .• and WHEREAS, 1his Ordinance uses the language ond definitions from the Colorado Cons1i1u1ion; ond WHEREAS, this Ordinan~ will not restrict the transporution of marijuana for a medical use, as defined in the Colorado Cons1itu1ion because zoning ordinances ore established in relation to the loca1ion of a zoned use; and WHEREAS, this Ordinance addresses the Medical Marijuana Primary Care-Giver as a zoning use no1 the aclual consumplion of marijuana for any purpose: and WHEREAS, on August 17, 2009 Englewood Cily Council approved Ordinance No. 34, S•rics of 2009, an Emergency Ordinance cs1ablishing a temporary suspension or moratorium on operations by Medical Marijuana Prima,y Care-Givers: and WHEREAS, !he passage of Ordinance No. 34, Series of2009 grandfo1hercd in any medical marijuana dispensing and growing uses ( Medical Marijuana Primary Care-Givers) which hod already been established by August 17. 2009; and WHEREAS. on Oc1obcr 5. 2009 Englewood Ci1y Counci l approved Ordinance No. 41, Series of 2009, amending Title S of1he Englewood Municipal Code 10 include licensing for Medica l Marijuana Prinlllry Care-Givers; and WHEREAS, in Roadmap Englewood: 2003 Engiewood Comprehensive Plan, Goal I of Section 7 s1otes "Provide on economicolly viable cnvironmeni 1ha1 builds and mnimnins a diverse base of businesses"; nnd WI IEREAS. 1hc Public Hcanng om the l\.1ed1cal ManJWlna Pnmary Care-Giver Amendments to Tulc 16 of the Unified Dcvelopmenl Code was brouglu before the Planning and Zoning Commission by 1he Depart111cn1 ofCommunily Development; and 1 Wlll:REAS. 1hc Uni lied l)e,elopmcnt Code 1den1itics three (3) l)'J'CS of .. allowcd .. uses 1hn1 are • d1fferen1tatcd by 1hc l)'PC of rcnc•w perfonned b) 1hc Cil). A .. Pcnn111cd t:se· 1s allowed as a use-b)-ngh1 prO\ided all Code requimncnlS arc met. A ··Cond111onal Use .. n:qu1rcs a Cond111onal Use Pcnnll wnh re,·iew by the Oe\'clopmcnt RC\1ew T c.1m and appro\'al b) 1he Planning and Zoning Conurussion. An ··Accessory Use" such as home occupationI wluch arc incidental and subord1na1c lo 1hc principal use in n 1.onc district; and WHEREAS, 1he Amendmcm would establish Medical Marijuana Primary Care-Giver as a pcnnincd use in the MU-B-1 and MU-B-2 zone districts with a 2.500 fool distancing requirement between carc -gj\'er locations and a 500 foot distancing requircmcni from licensed child care. education and religious uses: and WliEREAS. 1he Amendment would cstabl ish Medical Marijuana Pnmary Care-Giver as a condi1iona l use in the M-1, M-2 and MO-2 districts. with a SOO foot distancing requirement from licensed child care, education and religious use: WHEREAS, the distances in this Ordinance were established by input from the Planning and Zoning Commission based on the distancing rcquircmenis for other business uses such as temporary employment uses. pawnbroker and auto pawnbroker uses 10 a,-oid a conccntra1ton of similar businesses in the downtown area: and WHEREAS, the Planning and Zoning Commission passed a motion requiring 1hn1 nil distancing requirements shall apply 10 facilities within the City of Englewood and across the City of Englewood· s boundaries; and WHEREAS. Medical Marijuana Care-Giver is not a proper accessory use as home occupation • and it 1s prohibited in the residential districts which allow home occupations R-1-B, R-1-C. R-2-A, R-2-8. MU-R-3-A. MU-R-3-B and also in R-1-A, in that no home occupations are allowed in that district and thus complclcly prolubi1s such n use in all residential zone distri cts; and WHEREAS, the PlaMing and Zoning Commission prohibited Medical Marijuana Primary Care- Givers in the industrial districts because they fell that the use was safer for the public in the commercial and mcd1cnl .,stncts; and \\'l lEREAS, this Ordinance reiterated the lanb,uage from Colorado Constitution requiring that medicnl marijuana use shn ll not be in plnin view of. or in a pince open 10 the general public; 11nd WHEREAS. this Ordinance prohibits consumption on site ahhough not prohibited by the Colorado Constitution: and l\'IIEREAS. those Medical Marijuana Primary Care-Givers opemnons established before August 17, 2009. shall be grandfathered; nnd WHEREAS. time limi1n11ons on operation hours were no1 inc luded because .. blue laws .. arc illegal; and SOW. TliEREFORE. BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CffY OF ENGLEWOOD. COLORADO, AS FOLLOWS ; 2 • • • • ~ The City Council of the City of Engl~ood. Colorado hereby au1hom.es runcndini 1 Ille 16. Chapter S. Scc11on I (C). entitled ··Tnhl, of Allow('t/ Uses"". of the Englewood Municipal Code 2000. 10 read as follo"s · 3 I 6-S-I : Table o r Allowed Uses. C. Table of Allo..-ed Uses. [1,;OITOR'S NOTE: The recommended changes arc only effective in the Commcn:ial portion or the table. The Residential Uses and PubUc/ln1tilutio11al Uses portions of Table 16-5-1.1 Table or Allowed Uses contain no changes and are therefore 001 included hen:) Adult Use All types as def toed ,n p p 16-5-2.C .I Cha ter 16-11 Agricultural Use Gn:cohouwour scry, raising or p p 16-S-2.C .2 plants, flowers. or :1u stock Animal Sales and Animal shelter p p Service KenneVday L p p care • • • p p p p veterinary L L p C p p hospital or clinic Assembly Assembly ball or auditorium, :.au rental for p p p C p p meetings or IOCial occasions Membership organiz.ation p p p C p p (excluding adult USC Dependmt Care Ocpcndent care center lo-5-2.C.7 (lmlban24-C C C C C p p p p p p C hour care, an a Entcrtainmenl/ Amusement C C C C C C Amusement: establishment Indoor Hookah Loun p p p p p Pbyaical fitness p p p p p p CCIII.al Theater and performance/co n,cert venue, not p p p p p including adult emenainment Enlcnainmenl/ General Amusement: outdoor C C C Outdoor n,cn:atioo Institution p p p p institution, with L p p drive-through service Fioaocial institution, p p p p p p wilhout drive- throu service Food and B p p p p p p Bcvaag<:Savice Catcn:r p p p p Microbrcw p p p Restawant, bar, tavern w ith or p p p p p p without o utdoor lions Restaunnt. with dri-L p p throo service Takeoutaud p p p deliv onl Medical/Scientific Clinic p p p p p p p p Service H ital p p p p p p Laboratory (dental, medical p p p p p p p p p ot llcal ldalial ~ c c I! I! 16:'i-2 <; IJ £1:imaer:Cm: Office Office, type I p p p p p p p p eneral Office, type 2 p p p p p p p p p 16-5-2.C .8 ·1cc1 p p p p p p service p p p p p Massage p p p p p p p p p p p p p p p Service: photography studio and photo lab, p p p p p p upbolslery. printer, locbmilh, tailor Tattoo and body-piercing p ,, establishment Temporary employment C C 16-5-2.C.I I business Retail Sales and Equipment L p p Savice (Repair rental and Rental) Repair shop (1101 including p p p p p p auto Retail Sales and Anti ue store p p p p p p Savice (Sales) Art p p p p p p Auctioo house p p p Buy-bac.t shop. second hand. p p p p thrift, coosi store Grocery/special p p p p p p I food store Internet sales p p p p location Li uor SIOl'C p p p p p p Pawnbroltcr p p 16-S-2.C.IO ForTSA, P if ,:20,000 sq. ft., Rcuil sales, p p p P/C p p Cif> 20,000 gcncral sq. ft.of men:handisc gross lcasablc Ooorarca School Trade or p p p C p p 16-S-2.C.12 business school g p p p p ·ngtfilm 0 Vehicle and mobile p p p 16-5-2.C .I0 Equipmem broker sales rental L p p 16-5-2 .C .3 Automotive fCTVicc aud repair, p p 16-5-2.C.4 including body or fender wori< Automotive service and repair, not L p p 16-5-2.C .4 including body or feoder wori< Automotive senncc station L p p 16-5-2.C.5 (psolioe facilit Car wash, auto L L L 16-5-2.C .6; dctailin 16-5-2.C.4 Commercial storage of p p 16-5-2.C.3 ~le Fuel L p p p ac1. ty, SllUCIUre 16-5-2.C.3 (operable C C C C L L C p p 16-5-2.C .14 vehicles). use C C C C L L C p p 16-S-2.C . l 3; 16-S-2.C .3 use Recreational vehicles and L p p boats. sales or rental Visitor Bed and p p p Accommodatioo brakfast l:lotel p p p p p Hotel. p p p Extended Stay Wholesale Sales and p p clistn"butioo ~-The Ci ty Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 2(C), of !he Englewood Municipal Code 2000, by the addition of a new Subsection 13, entitled "Med ica l Ma rij uana Prima ry Care-Giver" to read as follows: 16-5-2: Use-Speclfk Standards . C. Commercial Uses. ll-MMicol Mari iuaoe PrimaD' Care-Giver- •· A MediSA) Maciiuw prjmazy Cacs:Gixer ibDll f&IDPIY with State uod CitY rmalerioo, Md Citv pf Enslewogd hSCD§iPR Di9l:dcCWSnt$· Q. All Medical MariiYIDA WK shall not hs in Plain yicw of 9"' io I PlaAA PPSP 19 lbs geps:,J PUblic- " A Medical Mariiuano Pdroory Cars:<hver oocration §boll not include arca, for consump1i20 a. Pist@PSC [ imitatiPM W MU-B-•I and MU-8·2 di&trictr No Mr4isol MariiYIPI PriWfCY Cm:Gim shall ~ Cll within five hundrql feet tsocr l er, licen,ed child care facili1v· !bl within five hundfsd feet C5<Xr> of aox educational insirulion either Privare ~ W within five bundcasl feet CSOO'l of IPY church or r:clisipµs iNJitution. !dl within twP:JhPHS:IDd fiYE buodrqi '"' (2 500') 2(1nv other Medical MNiiYIDI Pripwy Ala;{iiyq opqation SX"9t wbqe this distance oyqlags M-1 M-2 and M0-2 W M-1 M-2 and M0-2 districts· In addition to comoHanse with Swion 16:2-12 EMC "Conditiwl UK Pmnit§ .. pg Mcd if:f l Madiuana PriPWY Cve:G ixcr shall be IPGA1cd· Lal within five hundred fest l500'l ofa licensed child care foc ililv· 021 within five hundred fem C500 'l ofanx educational insrhut ion sithsr Private ~ ~ within five hundred fem C500") ofAPx church or ttliriw instiMiPP Ul Mewwrmcnl q(Qbren«• With rqps;ct 19 thc di5JIPFiDK CS9Uh'RPFPJS io this §Ubssstion between a busioeu nremism for which Medical Mariiuana Primary Cvs{iixsr Wie i1 nmgnv.d nost aoothsr restrictml us tbs dinancc shall t,c 16 • • • • • • [EDITOR'S NOTE: The recommended changes are only effective: 111 the Commcrcial portion o f the table. The Maaurac1urio&fladus1rla.l Uses, Acenoory Uses, Ttmporary Uses, and Uses Not Me ntloaed portions of Table 16-S-1. I Table of Al lowed Uses contain no changes und are lhcn:fore nol included here) 15 • • • measured b\' foHowins a st@i Pbt Hue from the PSICSI ooim of tbs nmoenv Hoc of the nrgnises of 1he orooossd Medical Mnriiuaua Primarv Cwc:Gim UK m the ncas1 ooim of the prpp;ny line of the snccific use liited, ~. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 4(C){l)(f) entitled "Accessory Uses Permiued", of the Englewood Municipal Code 2000, by the addition of a new Subsection ( 11 ), and Section 4D(2)puitled "Prohibited Acc.essory uses•· by the addition of a new Subsection (d). to read as follow$' 16-5-4: Acctssory Uses. A. General Provisions. 1. Purpose. This Section authorizes the establishment of accessory uses that arc incidental and customarily subordinate 10 principal uses. The City's intent in adopting this Section is to allow a broad range of accessory uses, so long as such uses are located on the same site es the principal use, and so long as they comply with the performance criteria set forth ln this Section in order to rtducc potentially advcnc impacts on sunounding proper1ies, 2. Approval of Accessory Uses. A pcnnincd accessory use may be approved in conjunction with approval of the principal usc, 3, Compliance with Code Requirements. All ac,:essory uses, shall be subject to 'lie general, dimensional, operational, and use-specific regulations set forth in this Sect.ion. In the case of any conflie1 between the accessory uses and stand.t..'Cls of this Section and any other requirement of this Title, the Slandards of this Section shall control. 4. Genml Conditions. All accessory uses shall comply with the following general conditions: a. Be clearly incidental and customarily found in connection with the principal usc;and b, Be conducted and/or located on the same 101 as the principal use; and c. Be opcntcd and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as 1he pcnnillcd principal use. 5, Accessory Sll\lcturcs. For regulations applicable to accessory stNCturcs, sec Sccti~ns 16-6-1.H and 16-6-1.1 EMC. B. Ge11era/ 1H,-e/opme111 ond Operotionnl Standard.!. The following general standards shall ap~!y 10 all accessory uses in all zoning districts, unless otherwise specified in this Title: 1. Time of EstablishmcnL No accessory use shall be established or allowed on the subject parcel until all required pcnnits and approvals for the principal usc or actMty have been obtained . 17 2. Temporary Accessory Uses. Temporary =essory uses shall be governed by 1he sl&lldanls and Temporary Use Pcnnil pr~cciJrCS SCI fonh in Sections 16-2-14 and 16-5-5 EMC. C. Accessory Uses Permiued. Table 16-5 -1 .• incluJes accessory uses and shows in which zoning distric1 a specific accessory use is ptm'"',d If an accessory use is not listed in Table I 6-5-1.1, bu1 satisfies all lhe general s1andards s<el 1,11. • in subsection 16-S-4.B EMC. the City Manai;cr or designee may allow hs cstablishmtat J-ording to lhe procedures and cn1eri. in Section 16-5-1.B EMC. "Unlisted Uses." In odJiuon, all unlisted accessory uses shall be subject 10 compliance whh the general, dimensional , and opera1ional s1andards sci forth in this Sec1ios 16-5-4 EMC. . I. Home Occupation. Occupations customarily incidental to the princ,p:,11·.se u a rcsidenu may be allowed when conducted in lhe sam, dwt "i. or:r ·~ d the following standar.!s are mei: a. Dimicts Allowed, Home occupations are allowed in u,, foUowina districts: R- 1-8, R-1.C, R-2-A. R-2-B, MU-R-3-A. and MU-R-3-8. Only ooe (I) home occupation shall be permitted per dwelling unit. Home occupations may be pcnnitted accessory 10 principal residential uses located in nonresidential districts (e.g., in a manufactured home park localed ln an industrial district) provided the home occupation complies with all requirements of reslden1ial district home 0<:cupations herein. b. Where Allowed on Site. The borne occupation shall be operated entirdy within the dwelling unit and only by the person or persons maintaining a dwelling unit therein. The home occupation shall not hAve a separate outside ent.rance. 11,e home occupation shall not be conducted in a detached accessory st.rucl\lrc. c. Registration. All home occupations shall register with lhe Ciry. d. Sales. (I) On the Premises. The sale on lhe premises ofilerns that have been made, grown, or prepared on the premises shAII be pcnnined. The sale on the premisca of any item that ha• not been made, grown, or prtpaffll on the premises shall be prohibited. (2) Off 1he Premises. Sal es off the premises of such items as personal or household goods such as those product& offered by Avon, Amway, Fuller Brush, Walkins, etc., shall be permitted. c. Operational Requirements. (I) No assistanis or employees tlult are not residents o f the principal dwelling uni t shall be employed in the home occupation. (2) The boun and manner of such uses and 1hc noise created thereby snail DOI interfere with the peace, quiei, or digni1y of the neighborhood and adjoining propenies. 18 • • • • • (3) Incidental s1oragc shall be allo ~ . Items made on the premises and/or sold off the premises consist,,,, wilh tha Section. (4) Th~ home occupation, mclu~mt s1orage ,fmaterials, equipment, inventory, an<!.or supplies, sha •• ri util'ze more than throe hundred (300) square fee1; prolridcd, howC\"er, 11." L'li docs nN apply to permitted home care accessory uses. (S) The use of elc:ctric motors shall be limited Ill power, with a t01al limitation of one and one-half (I 112) horsepower, and no single unit over three- founhs (3/4) horsepower. f. Prohsl!ited Use.,. In no event shall any home occupation include the following business or commercial activities: (I) Animal oospital or kennel, animal daycare, breeders, except licensed canine and feline breeders. (2) Asphalt pavhg business. (3) Barbers, hairdressers, cosmetologists, beauticians or any activity Involving th.e si<ln. hair or nails. ( 4) Body, mcchBnic.ll repair, or modification of motor vehicles . (S) The sale, storage, manufacture, or assembly of guns, knives or other weapons or llllllllUnition. (6) Dwnr truck:s . (7) Restaurants, (8) To11 ~ business. (9) Pro.. fl9JIII involving ,~ dispensing. use, or recycling of haurdous or le substances and materials . (10) Automotive vehicles sales requiring a state doaler's license. Wl Me4iel MNiiYAPI ptjmary Cvs-Oixer, 2. Parking Arca, Surface. a, Parking Area, Su,fa~e (R-2-B [);strict Only). When an R-2-B district abuts or 11 adjacent 10 a MU-B-2 district, the ponion of the lot adjacent to the business district may be used as a parlcing area by any commercial establishment :o a depth of twenty- five feet (2S') if the following conditions are me1: (I) The parlcing area must be scttencd from the residential portion of the lot by a siA foot (61 opaque fence. Side yard fences must also be provided to screen adjac,-nt property. These fc:nca shall also be six feel (61 in hcight excepl !hat. within ten 19 feet (101 of the rear propeny line, the fences cannot exceed thiny inches (30") in • height or be less lhan fifiy percent (50° o) open . (2) The paved parking area must be of hard surface to prevent the movement of din and debris fror • the parking area onto the public right-of-way. (3) Parking stops or other dcvi= allowing snowfall maintenance must be placed in lhe parking area to prevent damage to lhe fence by vehicles . (4) Provisions must be made for the collection of trash as per City ordinance. The final design of lhc parking area must be approved by lhc Ci1y Manager or dcsigncc. (6) No storage of vehicles is pcnniued and the lot is to be used solely for lhe parking of employees or customers. (7) No vehicles in excess of seven thousand (7,000) pounds may be parked in lhe parking area. (8) The minimum width of the parking area shall be fifty feet (501, (9) The City Manager or dC$igncc may deny the use of any IOI as a parking area if the above provisions are not met or if conditions are unsafe. The ruling may be appealed to the Board. b. Parking Arca, Surface (TSA District Only). Surface parking areas, noncommercial and accessory 10 a principal use, are allowed subject to the following additional conditions: (l) General. Such surface parking area shall be maintained as long as the principal permitted use is maintained, or until alternative parking is proviJed for such principal use. (2) Location. (a) An accessory surface parking area may be localed within six hundred feet (600') of1he lot containing lhc principal use, eilher within lhe TSA district or within a zone district that permits noncommercial parking lots, subject to a City-approved alternative parking plan and punuant to the Slblion Arca Standards and Guidelines, as applicable. (b) Accessory surface parking lots are prohibited within the transit station subarca. c. Remote Parking Areas. l'lnuant to Sec:io~ 16-o-4 EMC, requit,d parking may be provided as an accessory use within four hundr,;d feet (4001 of the principal use, either within the same district or within a d;,trict that pcnnits noncommercial parking lots . Such parking lots must be maintained as long as the principal permitted use is maintained, or alternate parking provided. Approval of an alternative parkina plan is required (administrative process), punuant to Section 16-6-4.D EM<.,. Such lots shall 20 • • • • • be paved. shall require a building pcnnit, and shall be subject to the landscaping requirements ofSccuon 164-7.M EMC. 3. Satellite Dish Antenna. a. Small Satellite Dish Antennas. Satellite dish antennas of one ( l) me1cr or less in diameter arc penniued accessory uses in all residential and nonresidential zoning districts. Such dishes shall not be located within the public ~ght-of-way. b. Large Satellite Dish Antennas. (I) Satellite dish antennas measuring one (I) me1er or more are pcnnitted accessory uses in all zoning districu. Any roof,mourued dishes shall submit an engineer's certificate to the City. Such dishes shall not be located within the public right-of- way. (2) As applied only 10 large satellite dish antennas accessory to a principal residential use, to the maximum extent feasible, but only where there is no substantial impairment to accq>table signal quality, such antennas shall: (a) Be located in the rear yard ofthr residential use; and (b) Be screened from view from adjacent public rights-of-way; and (c) Be of a color harmonious with their sWTOundings. There shall be no advertising in words or pictures, other than the manufacturcts name in .mall le11cn. 4. SCtVicc Unit or Facility. Service units or facilities shall be allowed as accessory uses in the MU-R-3-B district. Such uses include, but are not limited to, barl>er Of beauty shops, gift shops. coffee shops, and diru ng fa.;ilities for the convenience of the tenants. Such uses shall comply with underlying zone district requirements, including the dimensional requirements set forth in Sec.ion 16,6-1 EMC. S. Swimming Pool . Swimming pools are allowed u accessory uses in all districts. Sec Title 8 EMC . 6. Wholesale Sales and Distn"bution. Wholesale sales and distribution shall be allowed as an accessory use in MU-B-1 and MU-B-2 districts provided the principal use maintains an active retail license and is open to the public for retail trade. D. Prohibited Accessory Uses. I. Prohibited in All Zoning Districts The following activities shall not be reprded as accessory to a principal use on any site and are prohibited in all zoning districts: a. Use of Travel Trailer or Recreational Vehicle (RV) as a Residence. The use of a travel trailer as a residence, pcrnancnt Of tcmporvy, with the exception ofa trailer approved as a temporary use fOI' security under Section 16-S-S EMC, sh.all be prohibited in all wnmg districts, 21 b. Use or Motor Vehicle or Trailer for Sales. Service, Storage, or Other Business. The use of any motor vehicle, trailer, mini-mobile storage container. or shipping container as a structure in which, out of which, or from which any good! MC sold or stored, any services pcrfonned, or other businesses conducted, $hall be prohibited in all zoning districts. However, this subsection shall 001 prolubh the following; (I) The sale of goods or merchandise at a City-approved or sponsored evcn1; or (2) Use of a motor vehicle, trailer, or shipping or storage container in connection with an approved recycling operation; or (3) Use of a trailer or shipping or storage container in conjunction with construcdon authorized by a valid building pcnnit; or (4) Use of a uailcr, shipping, or storage conlliner for Ille temporary loading and unloading of goods. provided !hat no individual trailer or container Is in place longer th!l6 forty-eight (48) ho\ll'S. 2. Prohibited in Residential Zoning Districts. The following activities shall not be regarded as a=•ory to a residential principal use and arc prohibited in all residential (R) districts: a. Autornodvc Repair. Automotive repair, including engine, body, or other rq,alr or repainting of mo~ than one (I) vehicle at 111y one time owned by a pcnon 001 residing at that llddn:u, regardless of whctbcr compensation was paid for the service. b. Outdoor Storage of Inoperative Vehicles. The outdoor storage of inoperable vehicles shall comply with Title IS EMC. c. Parking of Commercial Vehicles. (I) In oo event shall mon, lhanonc(I) commercial vehicle be stored oo property in any residential zone district, whether in a private garage or carpon, in an off-suect parlcing space, or in an open-space area. The size of sucb commercial vehicles shall oot exceed vehicle we; • of six thousand (6,000) pounds (60 c.w.t.). (2) For the purpose, ,f this Section, a road tractor or truck tractor shal. ·mt be deemed a commercial vehicle, and no road tractor or truck tractor shall be parked or stored in any residential zone district. (3) No commcn:ial vehicle shall be stored on pubhc property or in the public right-of-way. st. Mesiical MariiHIAI PriPllO' CoatGim 22 • • • • • ,, • ~-TI1c Cn) Cc>uncll ,,f Ill<' Cn) of Engle,,ood, Colorndo h,1\.-b)' au1h<•n1es amcndmg TIiie 16, Clmpler 11 Secuon 2(8). "/k/i•111io111J(lf'orJs, Tcrnu, and P/Jra.«•.,· nf1hc Engb\CK>d ~!wiicipol Code 2000 by inserting ,,, 111,hobctical ,,rdcr to read a, follows: 16-l l-2(8): Dclimuon of\\'onls. I •nns and Phrases ,lfgdirol Mariiuana Primary caa:-Gim: A person ps defined in the Colorado Consli\u1ion AQiclc X\'HI Ssstion 14 who is listed bv n Medical Mariiuooa Patient ns@ Pdmarv Cncs{iiyer P" t.ht.S.uu.c Msdical Mariiuana rcgis\Q' Ugabir form efMad;Hana : Mean, 1hs sseds leaves buds nod flowers of the olnm wwl cannabis and anv mi,uur, .Pr orcnruntion thereof· which are aPProoriatc for medical us.us defin~d in tbs Colorado COP$titutio+t Anisls; XYDI Section 14 ~ Medical Marijuana Care-Givers currcn1ly legally in cxislcncc in any zone distncl as of the effec1i\'C dale of this Ordinance shalt be grandfa1hercd and shalt be considered a legal non-eonfonning use for purposes of lhe Zoning Ordinance and mus1 be regis1ered wnh the Cily as such . ~ Safety Ctauses. The Ci1y Cowicil hereby finds. dctennines, and declares that this Ordinance 1s promulga1ed under the general police power of 1he Ci1y of Englewood. 1ha1 ii is promulga1ed for the hea lth, safely, ond welfare of1he public. and that !his Ordinance is necessary for the preservation ofheahh and safety and for the pro1cc1ion of public convenience and welfare. The City Council further de1ennincs lha1 1hc Ordinance bears a rational ttl •lion 10 the proper lcgislari,·e object sought 10 be obtained. ~ Scvcrnbi!jty. If any clause, sentence, paragraph, or pan of ibis Ordinance or 11te applica1ion thereof 10 any person or circumstanecs shall for any reason~ adjudged by a rourt of compctcnl jurisdic1ion invalid. such judgmcn1 shall nol affCCL. impair or in\'alida1c 1hc remainder of this Ordinance or ii applicalion 10 olher persons or circums1ances. ~ lncon1js1en1 Ordi nances. All other Ordinances or portions 1hcreof inconsistent or conflicting with this Ordinance or any ponion hereof arc hereby rc:pclilcd lo 1bc ex1cn.1 of such ioconsis1cncy or conflict. ~ Effect nfrepeal or mndjfica1ion. Titc repeal o, :11c~\.f1ca1ion of any provisioll of 1hc Code of 1he Cily of Englewood by 1his Ordinance shall no1 release. cx1inb,uish, ahcr. modify. or 1:hange in whole or in pan any penally, forfeiture. or liabili1y, ·11hcr cMl or cnminal, which shall have been incwn,d under such provision, and each provisiuu shall be 1rea1cd and held as sull remaining in force for 1he purposes of sus1aining Jny and all proper ac1ions. suits. proceedings. and prosecu1ions for the cnforcemcnl of1he penalty, forfci1urc, or liabi li1y, as well as for 1he purpose of sustaining any judgmen· ecrec. or order which can or n1ay be rendered, emcrcd, or made m ,uch ac1ions. sui 1s. proceco,.,~ or prosecuuons. ~ Penalty, The Penally Provision of Section 1-4-l EMC shall apply 10 c:,ch and c,·ery viola1ion of this Ordina nce. Introduced. read m full, and passed on first rc:,dm,. on the 7th day of December. 2009. Published as a Bill for an Ordinance in the C11y's omcrnl newspaper on 1hc 11" day of December, 2009 . 23 Published as a Bill for an Ordinance on the City's official website beguming on the 9th day or • Dec~. 2009 for thiny (30) da ys. ATTEST• James K. Woodward, Mayor Loucrishia A. ElliJ, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of a BiU for an Ordinance, introduced . read in full, and passed on first reading oo the 7th day or December, 2009 . Loucrishia A. Ellis 24 • • • COUNCIL COMMUNICATION Dat e: Agenda It em: Subject: December 7, 2009 11 c I Resolution Canceling ~010 Fee Increase for Concrete U@ty In itiated By: Staff Source: . Department of Public Works Dave Henderson, Engineering/Capital Projects Administrator COU NCIL GOAL ANO PREVIOUS COUNCIL ACTION Council approved Ordinance No. 36, Series of 1997, creating the Concrete Utility and Concrete Utility Enterprise Fund. Council approved Council 811, No. 73, Series of 2008, amending the ·usei ee· section of the Concrete Utility and Concre,e enterprise Fund Council approved Resolution No. 79, Series 2006, establishing fees for 1he Concrete Utility. RECOMMENDED ACTION Staff recommends Counci approve a Resolution ( .i1celing the 2010 lee increase for the Concrete • Utility. • BACKGROUND, ANALYS IS, ANO ALTERNATIVES IDENTIFI ED The Concrete Utility was adopted In 1997 to create a funding mechanism to help owners with their responsibility in the repair of the City's aging concrete Infrastructure. Approxlmately 96% of the 11 ,290 eligible properties in the City participate In this voluntary program. The City participates in the costs for Intersection corners, all ey entrances, drainage cross-pans, concrete pavement and alleys, and City owned properties. The City also pays 70% of the cost of Avenue concrete. The City's concrete infrastructure consists of 7,315,000 square 1•et of concrete worth an estimated cost of S54,000,000. Fees for the Concrete U tifity were established In 1997 at $0.078 (7.8 cents) per square foot of concrete. Each property pays based o~ the amount of concrete adjacent to their property. In 2008, Council app,oved a resolution increasing the fees 25% in 2009 and an additional 25% for 2010. The current 2009 rate is $0.098 (9.8 cents) per square fool A p,opertywith a 50 foot frontage, consisting of curb/gutter and a 4' wide sidewalk. pa)'s 531 .85 per year (typlcally billed quarterly wi th the water bill ~t $7.96 per quarter). FINAN CIAL IMPACT Canceling the 25% fee Increase for 2010 will reduce the required Oty app,opriation by $56.000 and save property owners approximately $134,000 for 2010 . LI ST OF ATTACHMENTS Resolution • RESOLlITlON NO . • • SERIES OF 2009 A RESOLUTION CAKCELING 2010 FEE INCREASE FOR THE CITY OF ENGLEWOOD CO!\CRETE UTD.rn·. \\11E REA~, the Cit)' of Englewood created the Concrete Utility and the Concrete Uuhty EntCTpnse Fund by the passage of Ordinance No. 36, Series of I 997; and WHEREAS, the pw.age of Ordinance No. 66, Sr· of the Concrete Utility and Concrete Enterprise Fun.. be set by Resolution; and 8 amended the "User Fee" section •g fees for the Concrete Utility 10 WHEREAS, the City Council passed Resolution No. 79. Series of 2008, which provided for an increase in the fees, 25% in 2009 and an additio111l 2s,~ in 2010: and WHEREAS, fees for the Concrete Uulity ofS0.078 (7.8 cents) per square foot of concrete were established in 1997; and WHEREAS, the fee for 2009 for the Concrete Utility is S0.098 (9.8 cents) per square foot of concrete and the City pays approximately lhiny percent (30%) of the 101a.l annual concre:ue utility cosu; and WHEREAS, because of the current financial consu,tlnts on the City's available funds • maintaining the 2009 fee schedule will sa\'c the City approximately $56,000; and WHEREAS, the passage of this Resolution main!Jlins the 2009 Concrete Utility Fee and cancels the Concrete Utility fee increase for 20 IO; NOW, THllREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The Englewood City Council hereby authorizes canceling the 20 IO Fee increase for the Concrete Utility Progrnm, thus the 20 l O Fee -.·ill remain at: S0.098 (9 .8 cenu) per square foot ADOPTED ANO APPROVED this 7th day of December, 2009. ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis. City Clerk I, Loucnsltia A. Elhs, Cny Clerk for the City of Englewood, Colorado. berd,y ccnify the above is a true oopy of Resolution No. __ • Series of 2009 . Loucrishia A. Elli s, City Clerk • COUNCIL COMMUNICATION Date: Agenda Item: Subject: December i, 2009 11 cli Award Pi rates Cove Wall Repair Construction Contract Initiated By: Staff Source: Public Works Department Da ve Henderson, Engineerin&fCapltal Pro)e.:ts Administrator COUNCIL GOAL ANO PREVI OUS COUNCIL ACTION The status of pool repairs was discussed at the November 23, 2009 Study Session. RECOMMENDED ACTION Staff recommends Council approve, by motion, a, construction co ntract for "Pirates Cove MSE Ret1lning Wall Repair Proj(:CI'. S:aff recommends awarding th~ contract to the lowest responsible bidder, Slaton Bros., Inc., in the amount of $81,522.50. • BACKGROUN ..>, ANALYSIS, ANO ALTERNATIVES IDENTIFIED • In early June, 2009, Pira tes Cove staff observed movement of the concrete pool deck and setding of the retaining wall north of the Leisure Pool. Investigations determined the leak was originating from piping under the concrete fl oor of the pool. Th e facility was closed for two days while temporary repairs were made to the piping and ill structural evaluation of the wall was performed. Staff, along with our consulting structl:ral engin eer, continually monitored the condition of the wall and 1,.>ol deck for the remainder of the season. I I was determined that permanent repairs could wait until after Pirates Cove closed In September. Staff retained the services of Hed rick & Associat< 1 to prepare drawings and specifications (or repairs to the wall. Repairs will include removal and replacement of approximately 50 feet of retaining" all, removal and replacement of the concrete pool deck nor1h of the leisure pool, and misce llaneous landscape restoration . Hedrick completed the remediation design in Septemher and the Oty ad, ertised to pre-qualify wall repair contractors. Seven contractor; submiued "S tatemen ts ot Qualifications• by th e September 18~ deadline. rt, e of these contractors" ere qualified and invited to submit bids All fh ~ contractors attended a pre-bid walk th rough on October 13 ... Two contractors submiu.ed bids on October 21... Bid documents required contractors to bid the project as designed by our engineer. However, we included a provision allowing contractors to propose value engineering options that may lower the cost while still providing an excellent product. The low bidder, Sla ton Bros., Inc., submiued a valu e engineering proposal to change the type of block. Our engineer has evaluated the option and recommended acceptance, saving $581.25 . FI NANU• 1 ;MPACT 0e1a1'~d belc,,, are 1he es1ima1ed costs associaled with the wall repair project: Base bi<! (Sla ton Bro! Inc) Oem,r ,·on for value engineering proposal Sub-Total conslruction contract 0th~, <?m as, dated with construction are detailed below: 0esigi (Hedrick & Associates) Consl"~ction admlnlstration/lnspectlon (Hedrick & Associates) Geotechnical report (Ground Engineering) M dt, rial testing (Ground Engineering) Construction contingency ( 15%) Total estimated project cost SB 2,103.i5 (i!ll.lll $81,522.50 Sl S,860.00 1 970.00 2,500.00 2,000.00 )200000 S 115,852.50 Funds for this repair are available in the Con tingency Account of the Conservation Trust Fund. This account will be reimbursed pending successful outcome of our lawsuil UST OF ATTACHMENTS Bid Tabulation Sheet Contract • • • • • City of Englewood Bid Tabulation Sheet Bid Opening: O c tober 22, 2009 10:00 a .m . Pirates Cove MSE Retaining Wall Repair Project C ontractor Total Bid Items Sl ::to n Bros. Va lue Engi neering $ 81,522.50 Slaton Bros. $ 82,103.75 Yente r Companies $ 155,010.09 Bid Bond Y/N y y y • Receipt of Addenclum #1 y y y H•\Gfoop~\JAf•tes cove p,ojecla\Wall Rep.1 1t\81d tab sheet d xis • • • CONTRACT CITY OF ENGLEWOOD , COLORADO TH IS CONTRACT and agreement, made and entered Into this Z: day of December 2009 , by and between the City of Englewood, a municipal corporatron of the Stale of Colorado hereinafter referred to a:, the "City", and Slaton Bros l,!Jl;, whose address Is 7108 South Alton Way Bu ilding D. Centennia l Colorado 80112 , ("Contractor"), Commencing on the ~day of September, 2009, and C<Jntinuing fJr at least ten (10) days thereafter the City advertised that Statement of Qualifications would be received for furnishing all labor. tc,ols, supplies , equipment, malenals and everything necessary and require d for the fo ll owing : PROJECT Pirates Cove MSE Retaining Wall Repair Prc ject WHEREAS, proposals pursuanit to said advenisement have been received by the Mayor and City Council and have been certtied by the Director of Pubhc Works 10 the Mayor afld City Council with a recommendation that a contract for work be awarded to the above na"!led Contractor who was the lowest reliable and responsib le bidder therefore, and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perf~rm all of said work in accordance with said adve<tlsement and hi s proposal . NOW THEREFORE. In consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained: A. Contract Documents : It is agreed by the parties hereto that the following list of instruments , drawings and documents which are attached or incorpo rated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instrumen ts , drawings, arid documents ta~en together as a whole constrtute the Contract between the parties hereto and they are as fully a part of this agreement as 1f they were set out verbatim and in full: Invitation to Bid Contract (this instrument) Revised Section 104 of the COOT Standard SpecIfica11ons Measurement and Payment Revised Section 504 CONCRETE BLOCK FACING MSE WALLS Drawings , sheet,; 1 to 8 B Scope of Worts· The CO'!'"' ~or agrees to and sha ll furnish all labor, tools , supplies. equipment, materials and ( · ~rythIng necessary for and requ1(ed to do. perform and complete all the work de~,ribed, drawn , set forth . shown and included in said Contrar.t Documents. C Terms of Performan~.e The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the D11ector of Public Work~ .,r,d agrees to fully complete said work wrth,n one hundred (100) calendar daYf . p!us such extension ?r extensions of time as may be granted by the Director of Public Works In accordance with lhe provisions of 11 Contract Documents a~ j Specifications 0 . Indemnification The city cannot and by this Agreement/Contract does not agree to • indemnify, hold harmless, exonerale or assume tie defense of lhe Vendor or a~y other person or entity, for any purpose . "fhe Vendor shaU defend. indemnify and save harmless the C~y. Its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resul1Jng from or arising out of this Agref!ment/conlract: provided, however, that the Vendor need not indemnify 01 save harmless the City, Its officer.i, agenls and employees from damages resuttlng from the sole negligence of the City's officers, agents and Employees. E Ter,oinatioo of Award for Convenience: The City may terminate the award at any time by giving written notice to the successful vendor of such termir.ation and specifying the effective dale of such terminatin at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, rePOfls, material (s) prepared or furnished by the successful firm after the award shall , at the option of the City, become Its property. If the award i, t!'mllnated by the Crty as provided herein, the successful firm will be paid that amoun' which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful firm, the clause relating tn termination of tr, award for cause shall apply. F. Termlpatloo of Award for Cause: If, through any cause, the successful firm shall fail to fulfill in a timely and proper manner Its obligations or ~ the successful firm shall violate • any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the successful firm of such tennination and specifying the effective date of termination. In tl'iat event, all fumlshed or unfinished services, at the option of the City, become its property, and the successM firm shall be entijled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as f\Kl\ished . .!'101Mthstanding the :ibove, the successful firm shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the successful firm, and the City may withhold any payments to the successful firm for the purpose of set off until such time as the exact amount of damages due the Of from the successful firm is determined. G. Terms of Pdyment: The City agrees to pay the Co,,tractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper 111 accordance with the price or prices set forth In the Contractor's proposa l attached and made a part hereof. the total estimated cost thereof be ing eighty one thouHnd five hundred twenty two doHara and fifty cenlf IS™). H. Appropriatjon of Funds: At present, S 81,522.50 has been appropriated for the project. Notwithstanding anything co1,tained in this Agreement to the contrary, In the event no funds or insufficient funds are appropriated and budgeted by the govc.-ming body or tre otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions • of the Agreement or other amounts for which funds have already been appropriated • • • or are otherwise available. The City shall immed iately notify the contractor or its assignee of such occurrence In the event of such termination I. Contract Binding: It is agreed that this Contract shall ba binding on and inure to the benefit of the parties hereto, their heirs, executors , administrators, assigns, and successors. J. Verification of Compliance wiih C.R.S. 8-17 .5-101 ET.SEQ. Regarding Hiring of 111egal Aliens . (a) Employees, Contractors and Subcontractors: Contractor shan not .nowingly employ or contract with an Illegal alien to perform work under this Contract Contractor shall not contract with a subconhactor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal allen to perform work under this Contract. (CRS 8·17.5-102(2)(a)(I) & (II).) (b) Verification: ContrP•'-• will participate In etther the E-Verify program or the Department p, .m, ad defined In C.R.S. §8-17.5-101 (3.3) and 8-17.5- 101 (3.7), respectively, In order to confirm the employment eligibility of all employees who are newly hired for employm~nt to perform work under th is public contract for servi~es . Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre-employment scr&enlng or Job applicants white this contract Is being performed. (c) Duty to Terminate a Subcontract: If Contracto; obtains actual knowledge that a subcontractor performing work under this 1 1ntract knowingly employs or contracts wtth an illegal alien, the Contrac ,r shall; (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor Is employing or ,contracting with an Illegal alien; and (2) terminate the subcontract wtth the subcontractor If, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien ; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (e) Duty to Comply with Sta te Investigation: Contractor sha ll comply with any reasonable request of the Colorado Department of labor and Employment made In the course of an investigation by that the Depart ment Is undertaking pursuant to C.R.S . 8-17 .5-102 (5). (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contra ct, In whole or In part, due to Contractor's breach or any section of this paragraph or provisions required pursuant to CRS §8-17.5- 102. Contractor shall be liable for actual and consequential damages to • the City in additio n to any other legal or equitable remedy the City may be entitled to for a breach of lhis Contract under this Paragraph 34 IN WITN ESS WHEREOF, the parties have caused these presents to be signed personalty or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract Is executed in 4 counterparts . CITY OF ENGLEWOOD Contractor by ___________ _ by __________ _ Party of the Second Part Mayor Party of the First Part ATTEST: ATTEST: Secretary Ci:y Cler11 • • ATTACH:11:.NT TO CONTAACT CITY OF ENGLEWOOD Pro ject: Pirates Cove ~1S'E Retaining WU Repair. • BIDDERS ARE REQUESTED TO SUBMIT BIDS AS FOLLOWS • • Receipt of Addenda Nos .. ~------------is hereby acknowledged. One such bid for the construction and install ation of those improvements on the Pirates Cove MSE Retaining Wall Repair Project. TOTAL AMOUNT OF BID ~i t=jl.\!'4 ~ '.f!:\OU';A..lt:> f°'ivE'" -.lu, .. 11:,n.ET:> T\UcJT'::I -n,.JC This Contract will be awarded to the lowest reliable and responsible bidder. The undersigned bidder hereby agrees to be ready and to appear at the office of the Department of Public Wor1ts, Eng ineering Services, to execute the allached form of Contract in conformity of this bi d and also to have ready and furnish the required borvi in Iha sum of lhe full amount of this proposal, executed by a surety company acceptable to thu , y of Eng lewood, <!l any time within ten (10) days from the date of a written notice from lhe Director of Public Works to do so , mailed lo the address horelnafler given . Th e vv\oob:::j :I: ..l':>v1ZA...\c...~_· ____ Company of l-ot--oa>-r.:,<.:> is hereby offered as surety on said bond . If sur.'· ',••rety Is not approved by the Mayor and the City Council, another and satisfactory surety comps~. ·.viii be furnished . Enclosed herewith Is a Proposal G•Jarantee (Bid Bond of a sum .. o less than 5% of the base bid amount), In , the amount of 1"'0Ua-:D:l,C>".,.-.,, ... k:, t>~E 1-1..v..\.ocu,p 2 •14 Do<-lJln2:'« which Pmpot-al Guarantee the undersigned bidder agrees lo b. • forleited lo, and become the property of, the City as liquidated damages. should the Proposal be accepted and the Contract awarded him and he rail to enter into contract in lhe form prescribed and lo furnish the required bond within ten (10) days as stipulated. This Proposal is made without any connection with any other persons, fir,.,s, or corporations making any other bid for this same work and is in all respects fair and with out collusion or fraud . The Undersigned Bidder acknowledges the right of the City to reject any or all bids submitted and to wa ive Informalities therein. Dated at T1-hlC.>PA.'i Signature of Bidder. this 22-.lP day of C)...,.,.of!>Efl-, 2009 If an ind!Vidual: _______________ doir,g business as If a partnership: _____________________ _ 6 By. _________________ member of r,rm If a corpor.otion: "::>1. .. 0.-ro.J F.,l?..o<:, :I: .Jc... ;y:C-~ corporation Bus,ness address of Bidder: 7108 ~ AkTPJ UJA.'-j &.D\:::J. I) LE ,-.h-s ~.j: A1.,, C...01-on..o.t-.>o The name and location ol lhe last work of this kind herein contemplated upon which Bidder was engaged Is as follow: • \;32.A.Jt> R iui:a.. C>.pArz,TW\E...l.~------- C.,Ot..,::>12-AC>O ';?~O..(Jq-=, C..c;,l,OCU,DO For information relative hereto pltl~se refer to : Name :::S P.C<PI? ~c.cc.. Address 710?,. "2 · Asvre..l s, )~ I Tille ~"='i-iMti-TOl'l-- C.,E,j~,-l;p.\.... C..0L0'2.J>.r:>o • • • • • Pirate's Cove MSE Retaining Wall Repair Project Method of Repair-VALUE ENGINEERING This Value Engineering metho d of repair will involve the use of a different retaining wall system to reconstruc t the po rtions of the damaged MSE retaining wall that are removed. The system proposed is the Mesa Retaining System. This particular system achieves a positive mechanical conn ection of the soil reinforcement to the retaining wall blocks though the use of connectors manufactured from the same type of polymer as the geosyothetic soi l reinforcement. A spec ific design will be supplied from Slaton Bros ., Inc. by a licensed Colorado P.E for the area to be repaired which will address all aspects of internal s'tability as well as base sliding and overturning for the repaired areas. In addition, because the Mesa Retaining Wall system proposed ~as a positive mec hanical connection of the soil reinforcem_eots to the retaining wall blocks, lhe unit fill material described in the based bid is not necessary for purposes of connection Slfength and will be elimirated. To serve the drainage 1tnd filter functions at the soil / bloc k interface, a geotextile filter fabr ic will be installed behind the retaining wall block and placed between the blocks. This particular system ha s been constructed extens ively and successfully on CDOT projects throughout the state in a variety of conditi ons over the past 12 years . 7108 S. Allon Way, llwldlng D • Centennial, CO 8llll2 • omc:e (303) 806-8160 • Fu (303) 806-8 183 www.slatonbros.com Item No. 201 202 202 202 202 203 20/l 2Qll 207 208 208 210 210 _210 .!12 214 214 403 504 608 610 613 625 626 630 FIA Pirates Cove MSE Retaining Wall Repair Project BID PROPOSAL FORM Estimated Unit Ouctiolion Unit Quanlltv Cost Cleanno & Grubb1no LS 1 2. ~1'2.S.co Removal ol Asohal\ Path 110% Assumed Reoairs\ SY 50 \.Co Removal of C4octele Pavement SY 125 14 . 'i'2-Removal of Fence LF 60 t.oC Removal of Temnnrarv MSE Wall LS 1 '2,."""-()() Unclassified ExcavaUon Wall fCIPI CY 392 '2.'2...'iO Structure Backfill /Class 1 l CY 388 I \.l>, S'O Mechanical Reinforcemenl of Sod CY 160 '-10.00 Toosoil CY -4 \'l,O,CO SIii Fence LF 200 • 9.11. Gravel Bao LF 60 ?.">0 Resel Fence 1s,...,.;a11 LF 80 Z.S°,00 Reset Umbrella Stand EA 2 100,00 Reset Miscellaneous Eauioment LS 1 1-s-0.00 Sod ~y 220 ?..00 Landscaoe Restoration LS 1 3,LILOO,n< lrrloallon Svslem Restoralion LS 1 , . uz."°. 01~ HMA Patchlng(SXX75)(64-22)(6") (10% of Path Assumed\ TON 17 14,.00 Block Faclno SF 625 <Ut'1" Concrete Pool Oeck IColoredl/6" Reinforced) SY 125 2..,.,.., Landsca"" Cover Material rRock w/ Weed Fabncl SF 120 ~. <IU, 3/4" Electrical Condutt wt Pull Rooe LF 40 ?,,'1<:' Construction Survevlno LS 1 1 000.00 Mobllzalton LS _1 t'I.CN'>,,-Q Construction Traffic Control LS -:i<::0-01:> Mlscellanec ,s Contract Revisions FIA 'l0.00 -'= I 5 • Extended Cos t '2-Ll?.S" ,00 ,;'c.oo I P,lQ',,OO ..,o,oo '2. P.N'>, 00 "'-"11l0,P.O lo '-10'2...00 U U00,00 \.l)00,00 nu.oo 150,00 '2. 000,00 '2.00,00 I S-0 ,oO '-l'-10,00 !, 4u,O ,OO Z.,llz.S", oo 2.<.lll>C' •• ULC)'-1 ~. "2,,c\\J>P.. 1$ '-115', -z.o I S'O, 00 t 000,00 I !, 5'00,00 0. oo. C)() $1500000 BI, S'l;2:• ~0 • • • • COUNCIL CO MM UN IO,TION Date: Agenda Item : Subject: December -. ~009 II cill Resolution tor a Supplemental Appmpna!ion ior Pirates Cove Pool Repairs lnitiited 8\~ Financ,, ~n d Administrative Services Department I Staff Source: Frank Gryglewicz, Director COUNCIL COAL AND PREVIOUS COUNCIL ACTION City staff originally discussed problems with the pool at Pirates Cove on June 1 5, 2009. Counci l also discussed the repairs required at P11ates Co, e on No\'ember 23, 2009. At that time Council directed staff to prepare a resolution ior a supplemental appropriation ior funds to repai r the pool. RECOMMENDED ACTION Staff recommen~ Councd apprO\ e the attached resolutirn authorizing a Suppir mrntal Appropriation fo r $1 50,000 to make necessary repairs at Pirates Cove . BACKGROUND, ANALYSIS . AND ALTERNATIVES IDENTI FIED Englev ·ood voters passed a S 12.8 general obligation bond issu e for recreation improvements. A portion of th e bond proceeds we re used ,., construct Pirates Cove Aquatics Center. Pirates Cove opened May 28. 2005. Ea rly In Ju ne 2009, City staff not iced water losses In the leisure pool. After completing further investigation and testing~ was concluded that there" ere cracks ,n the return lines. Repairs were ma de to keep the pool open for the season but It was also d1sco,•ered that th e leak had compromised the retaining "all to the north. Repairs were es tima ted at $250,000, The Conservation Trust Fund earmarked $ I 00,000 for pool repairs so an additional S 150,000 Is needed to complete the pro1ecL The City Attorney's Office has tlled a claim to recover the Ct!) ·s cost of repair. SOURCES ANO USES OF FUN DS: CONSERVATION TRUST FUN D: SOU RCE OF FUNDS: Fund Balance 5150,000 USE OF FUNDS: Pirates Co,e Pool Repairs SIS0,000 FINANCIAL IMPACT TI,e Conse,vation Trust Fund's Unreserved Undeslgnated iund balance will be redu ced b\ S 1 50,000. This account "Ill be reimbursed pending ,uccessful outcome of our claim for damages. LI ST OF ATTAC HMENTS Prop<Y-ed Resolutlon • • • • • • PESOLUTION NO . SERIES OF 20\lQ A RESOLt:TION APPRO\'ING A SuPPLEMEl\'T AL APPROPRIA TlON TO lllE !009 BUDGET FOR Pl~ ATES COVE POOL REPAJRS . WHEREAS. 1he Cny of Englewood is required by City Chanc:r 10 c:nsure lha1 expenduures do 1101 excad legally ad"Plcd appropnauons: and WHEREAS. the !009 Budget was submmcd and approved by the Englewood City Council on October 24. 2008 : and WHEREAS, 1n June 2009 ii was 1101cd lhal P1nncs Cove leisure pool haC: water losses; and WHEREAS. after complciing funher investigation and 1esting II was concluded that there were cracks in the rc1urn lines; and WHEREAS, r:pairs were made in order 10 keep t,,t pool open for the season but it was also discovered lha1 the leak had compromised the n:1aining wall to the nonh; and WHEREAS, the Englewood City Council approves a supplcmenllll apprnpria1ion for Pirat<J Cove Pool repairs by the passage of this Rcsol1111on: NOW, THEREFORE, BE IT RFSOL VED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-The Budget for lhe Ci1 y of Engle¥ ood. Colorado •! hereby amended for the year 2009, as follows: CONS ERVATION TRUST FUND SOURCE OF FUNDS: Fund Bala· -cc USE OF FL'NJ>S: Pirates Cove Pool Repairs SIS0,000 SIS0,000 Sectjon 2. The City Manager and the Director of Finance and Admimstrati,·e Sm ices ore hereby au1horizcd 10 make 1he abo"e changes 10 the 200Q Budget for the City of Englewood ADOPTED AND APPROVED this 7th day of Doccmber. !009. ATTEST· Jan1es K Woodwnnl. Mayor Loucnsh1a A. Elhs. Cny Clerk • • • COUNCIL COMM UN ICATION Dat e: I Agenda llem : Subject: Ot>cemhef i, ~~ II c Iv Award Centennial Park B,1lhleld Llghllng Con trac-lniliated By. I Staff Source: Parks and Recreation Commission Jerrell lllack. Director m !'arks ,1n d Recrtation COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION Cou• cil Goal: A City 1ha1 prov,~es diverse cultural, recreational, and entertainment opportu nities. Council approved funds for the development of the Centenma! Park 7.5 acre e,cpar.sion In 2000. Approva ls also Included agreements and funding from the Colorado Rockies Founaation, All Souls School and a Colorado Brownfields Revolving loan Fund. On July 20, 2009, Council approved an :n1e,governmen tal Agreement with Arapahoe County to Jccept grant funds for lhe Centennial hall field lighting project in the amount nf S 167,400. RECOMMENDED ACTION Stiff r!'Commends 1ha1 Council approve, by motion, the bid of S291,065 hl Dure, Electric of Er.glewood Colo, ado, the low bidder. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIF IED Cemennial Park" as expanded in !00 I • 1 include a baseball field, a sof1bafl fitld, a small a.. tic field, trail access and a !railhead, and parking ,111d access lo the kayak ch utes. Phase I also included light pole base lnsta ll,,tion with electrical conduit and connectio ,s. TI,is she was a former landfill site. Th0 projecl was a partnersh1p between the Oty of Englewood, the Colorado Rockies. All Souls School, and the Color,1do Brownfields Revolving I oan Fund. Phase 11, 1he placemen, of 1he light poles and l1x111res wa) delayed un11I a1'rh11onal funding could he secured. In February 2009, suff submitted a granl appllcalion 10 Arapahoe County Optn Space for funding 10 complete the insiallabon of th~ b .II field lighis a1 bo1h the Brem Mayne Field ,md the sof1b,1II field. The gra,11 was aprroved bt 1he Arapaho,· County Board ol Co 11n11 Comm , ,sioners In May 2009 in th e amount of $167,400. The w,1llability of Open Spac~ slwehaLk funds and the granl ,,wart. will pro, ,de the nP<-essary c,1p,t..1l 10 complete th~ hRf,ung ptt)fecl FINANCIAL IMPACT To1a l project coSIS were cs1lm,11ed al S367,400. r undlng Is ava ilable in the Open Space rund. Funding sources will he provided by th~ grant award of SI 67,400 and budgeted Open Space Shareback funds of $200,000 . UST Of ATTACHMENTS B,d T.1h11la tio 11 Sheet Contr.lll • City of Eng lew ood B id Tab ulaUo n Sh eet Bid Opening: Novembet' 19, 200910:00 A.M . MST ITEM· ITB~!l-119 Ce-nnlol Ballfiold Ligh ting P roject It.em No.1 Item No. 2 ui.unv Fumish & lnetlll • Hem No. :s New Ughting Control Conttactor ConduH Powa/Ftxturtia CalllMta Total Bki H•mt Dura E.19ctrlc eom ........ tu.n w v•Aw 111--coao110 ~ fu 303--83,4,,,4,M.2 fklll(elter s 3.02:S.OO s 2SO.NO.OO s 7,100.00 s 291,085.00 Nat ional El-ctrkel Coftstruet'°'1 lne 12ns-c1 Lr--...1.•I CQ 80112 J03..n....,M F .... au... s 1,000.00 s 287000..00 s 10,000.00 s 298,000.00 -~~~. Ave 10 303 s •• MM a lOS,n•a.Dn S 1Lr.m.-S 327.7~ &R --POBoa co I0233 303-i504'Jt1 ra,c 30~ Ran nv '--heslnut s .S 500.00 s 292 ... s I 000,DO $ 304,7&0.00 A.OK E6ecvtc 1 173S.,__.StUntt1 CO IOUD 7&1-7400 tu 30S-7a1421t o.rw-Kaa•-s ........ s zc..•ocuo 1 t,I00.00 s 297,000.00 • Apparent Low Bidder 8 1d B ond _ .. .......... YIN • 1., b,:eptJons: Yn Yu Nano~ YH Yn Nonol.ls..., YH Y• BldlS not Yu v .. N one Llsted YH Yoo -~ • • • CO NTRACT CITY OF ENGLEWOOD COLORADO THIS CONTRACT and agreement, made and entered into this 7"' day of December , 2009 by and between the City of Englewood a mun1c1pal corporation of the State of Colorado hereinafter referred 10 as the ·c11y" and Quro Etectroe whose address Is 2271 West Yale Avenue. Englewood CO 80110, ('Contractor ). Commencing on the !L day o~ tlQyember, 2009, and cont1nu1ng for at least fifteen (15) days thereafter the City advertised that seated proposals would be received for furnishing all labor, tools , supplies . equipment, materials and every1hing necessary and required for the following PROJECT Centennial Park Ballfield Lighting WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certdied by the D1teclor of Parks and Recreation to the Mayor and City Council with a recommendation that a contrnct for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore. and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Counci l and sa1d Contractor Is now willing and able to perform all of said work In accordance with said advert isement and his proposal. NOW THEREFORE. in conslderatron of the compensation to be paid the Contract. the mutual agreements hereinafter contained · A Contract Documents: It is agreed by the parties hereto that the following llsl of instruments, drawings and documents which are attached or incorporated by reference constitute and shal l be referrCld !o either as the Contract Documents or the Contract and all of said Instruments , drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as 1f they were set out verbatim and in full Invitation to Bid Contract (this instrument) Special Provisions Insurance Performance Payment Maintenance Bond Special Provisions Attached drawings sheet E 1 0, Specificat1ons for Electncal General Provisions, Raceways . Conductors, Grounding, Sports Field Lighting Special Provisions General Conditions B Scope of Wons The Cnnlractor agrees 10 and shan furnish all labor. lools. supphes. equipmenl , materials and everything nece,.,sary for and required to do, perform and complete all the work described, drawn, set forth . shown and included 1n said Contract "ncumenls C Jerms of Performance The Contractor agrees to undertake the performance of lhe v.ork under this Contracl within twenty (20) day s from be ing notified to commence work by the Director of Parks and Recreation and agrees to fully complete said work within o no bu ndred 11001 calendar days plus such extens,on or extensions of time • as may be granted by the Director of Parks and Recreat,on ,n accordance with the provisions of the Contract Documents and Specifications . D lndemmficahon The city cannot and by this AgreemenVContract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Vendor or any other person or entity, for any purpose The Vendor shall defend, indemn ify and save harmless the City, its officers, agents and employees from any and all claims, demands , suits, actions or proceedings of any kind or nature oncluding WOliler's Compensation claims, in any way resuNing from or ans:ng out of this AgreemenVcontract: provided, however, that the Vendor need not indemnify or save harmless the City, its officers , agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving wri tten notice to the succes sful vendor of such termination and specifying the effective date of such termination, at least th irty (30) days before the effective dale of such termination. In that event all finished or unfinished service. reports, material (s) prepared or furnished by the successful firm after the award shall, al the option of the City, become Its property. If the award is terminated by the City as provided herein, the successfu l firm will be paid that amo unt which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the tota l services/materials the successful firm covered by the award, less payments of compensation previously made. If the award Is terminated due to the fault of the successful firm, the clause relating to termination of the award for cause shall apply . F. Terminatjon of Award for Cause: If, through any cause , the successful firm shall fail to fulfill In a timely and proper manner Its obligations or ff the successful firm shall violate any of the covenants, agreements or stipulations of the award, the City shall have Uie right to terminate the award by giving written notice to the successful firm of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become ~s property, and the successful firm shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstanding the above, the successful firm shall not be relieved of the liability to the Cijy for damages sustained by the City by virtue of breach of the award by the successful firm, and the City may wothhold any payments to the successful firm for the purpose of set off until such time as the exact amount of damages due the City from the successful firm Is determined . G Terms of Payment The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Two Hundred ninety one th ousand si xty five dollars and no cents (S291 .06 5.00). • H, Approprjatlon of Funds : r,t present, $ 291,065.00 has been appropriated for the • project. Notwithstanding anything contained In this Agreement to the contrary , In the event no funds or insufficient funds are appropriated and budgeted by the governing • • • body or are otherwise una11a1lable Ill any rollowmg fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropnated or are otherwise available The City shall immediately notify the contractor or its assignee or such occurrence In the event or such termination I. Contract Binding . It Is agreed that thi s Co ntract shall be binding on and inure to the benefit of the parties hereto , their heirs, executors. adm inistrators , assigns , and successors. J Verification of Compliance with C.R S. 8-17 .5-1 0 1 ET SEQ Regarding Hiring or Illegal Aliens: (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an IHegal alien to perfonn work under this Contract Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an Illegal alien to perfonn work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).) (b) Verification: Contractor will participate in either the E-Verify program or the Department program , ad defined In C.R.S. §8-17.5-101 (3.3) and 8-17.5- 101 (3. 7), respectively, In ords r to confinn the employment ellglblllty of all employees who are newly hired for employment to perfonn work under this public contract ror services . Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre-employment screening of job applicants whfle this contract is being performed. (c) Duty to Terminate a Subcontr~ .. t If Contractor obtains actual knowledge that a subcontractor perfonnmg work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall; ( 1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor Is employing or contractin g with an Illegal alien ; and (2) terminate the subcontract with the subcontractor ii, with in three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien , except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides inronnation to establish that the subcontractor has not knowingly employed or contracted with an illegal ahen . (e) Duty to Comply with State Investigation: Contractor shall comply with any re asonable request or the Colorado Department of labor and Employment made In the course of an Investigation by that the Department is undertaking pursuant to C.R.S. 8-17 .5-102 (5). (f) Damages for Breach of Contract· The City may terminate this contract for a breach of contract tn whole or In part , due to ContractOl's breach of any section of this paragraph or provisions rPquired pursuant to CRS §8-17.5-102 Contractor shall be habte for actual and consequential damages to the C1ly in addition lo any other legal or equ itable remedy the City may be enlllled lo for a breach of this Contract under this Paragraph 34 IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authonzed officers or agents and their seals affixed and duly attested the day and yea, ti rsl above written. This Contract is executed in 4 counterparts. CITY OF ENGLEWOOD Contractor by ___________ _ by ___________ _ Party of the Second Part Mayor Party of the First Part ATTEST: ATTEST, Secretary City Clerk • • • • • • nem ~o 2, 3. I\T'l'ACHMENT to Contract -City o t Engl ew ood Proj e ct: Centennial Park Ball field Lighting . Revised Bid Proposal Submittal Form CENTENNIAL BALLFIELD LIGHTING ITB-09-119 Esbm;ilud o,.,-,enp11m .,nd Pnco ~ty Exl~t 1no conduit explora.tJon and ver.f 1ca tion at l Ulftp swa pric e of dol lar-s •nd cents IS ____ I , 1 L.S. Fumish and Install All Poles including fixtures. wiring and ballasl box per JCN Englnee rlng drawing E 1.0 (WOii< in c,1y ol Sheridon) complo1e In place al tho lump sum price ol dollars and ___ c<>nlS 1 L.S. ($___) . Furnish and lnslall New 1,ghllng control cabinets including mounting, terminatlons, and progranming of the w,mg in the conkol panels (lnckiding all hardware) mounted on the nol1h side of the exis!#IQ buolding (worl< on Cily ol Englewood) complel• on place at lho lump sum pnce ol 1 LS. dofla,s and ___ cents ($_), f ,Jm1toc1 CO$l $3,025.00 SlM...lli,00 $-1.,..!QQ_, 00 TOTALclASEBID.Iwa.-Hundrpd H101ry Oor Thousand Sixty Fivr_DOLLARSANO no CENT$ $ 291,065.00 1000 EnglowOOd Parkway, Eng lewood , Co101ado 801 tO Ph (303) 762-241 2 Fax (303) 783·6951 www.englewoodgoy.org 3 TOTAL BA ';C: 1.110 _______ UOLLARS ANl'l /"FNTl-S BIDDERS ARE RC0UCSTE0 TO SUBMIT BIDS/\$ ~ULLOW:; Recc,pl of Addenda Nos __ 1_,_2_,_3_6_4 ________ IS l wtoby acknowledlJCd. One such bid for the consuuct ,on and ,nstallallon of those 1mprovemnn1s on the Centennial Park Ballfield Lighting Project. TOTAL AMOUNT Of BIO Twa-llundr~d Nfntey On~ Thousand Sixty Five hundred and no cen t s _____________________ ($ 291,065 00 This Contract will be awarded to the lowest reliable and responsible bidder. • The undersigned bidder hereby agrees 10 be ready and 10 appear al the office of the Depanment of Public Worl<s, Engineering Services. lo execul e the attached loon of ~ontract 1n conform,ly of this bid and also to have ready and furnish the required bond in the sum of the full amount or this proposal, executed by a surety company acceptable to the City or Englewood. al any time within ten (10) days from the date of a written notice from the Director of Pubhc Works to do !-0, malled to • the address hereinafter given. The No rth /\merican Specialty lnsuc'blWpany of New Haaps hire Is hereby offered as su rety on said bond II such surety 1s nol approved by the Mayor and the City Council, anolher and satosfactory surely cc>mpany wdl be furnished Enclosed herew1tn 1s u Proposal Guarantee (Bid Bond of a sum no less than 5% or lhe base bid amount), 1n the amount of $14 ,553 .00 which Proposal Guarantee the undersigned bidder agrees to be lorfe1ted 10, and become the property or. the City as liquidated damages , should the Proposal be accepled and the C-Onlract awarded him and he l ail to enter mto conJract in the form p1escnbed and to furnish the requ11ed bond within Jen (10) days as stipulaled This Proposal IS made without any connection with any olher persons, films, or co rporallons making any other bid for 1h1s same work and IS in all re spects lair and wilhoul colluSIOII or fraud. The Undersig ned Bidder acknowledges the nghl of the C11y to re(eci any or an bids submitted and to waive 1nformahl1es lhcrcm Oaledatl0:00 nm ~1s 19th dayof~-""'-"';<"U"-'----·2009 S,gnature or Bidder / jJ 1//4-- \l~tn:~~•1tt.!L.•l(f 8 • • • • It 1n ifldr,odu,11 ________________ <IOmg business as If a partnership ___________________ _ By ___________________ member of form If a corporauon Puro [l cc t r1 c CQMpany a Colorado corporation By Neil l;e)lH BusinessaddressofBtdder 2271 W Yale Ave, Engle\lOOd, CO 80110 The name and locallon of the last work of this lond herein contempl~led upon which Bidder was engaged 1s as follow Val Verde Park, Denver, CO For onlormatoon relatJve ~eto please refer to Name Neil lleller TIile Estlaator Address 2221 w Yale ♦ue Foglmrood CO 80110 1000 f.n;lcwN:ld P;n\~-;a,. l •~lc.-wouJ. C"oloQJtl 5,l l l(t.1;1, rb ,;ow•t.~ :,,~ I :.u. t'\U~)nt-t,1~l ' avr'llt. t"ftt_k'-•"-._t_t•"" ""l' 9 .. University of Colorado Denver Center for lmprovernem of Publ,e Managemenl/Centet lot Pubic Pm11e Sector Cooperalioo School of Publle AllailS Campus Box 133, P.O. Box 173364 Denvtf, Colorado 80217-3364 12 bi • • Phone: 303-315-2490, Fax: 303-31&.2497 November 18. 2009 Gary Scars, City Manager City of Englewood I 000 Englewood Parkway Englewood, CO 80 II 0 Dear Gary, Thank you for the opportunity to provide facilitation services for the City of Englewood to assist the mayor, city council, and city manager develop a successful half~ay Orientation Workshop on January 2S, 20 I 0. As leaders in the community, elected and appointed officials musl 1141 •l>le to work together to build the community they envision. The objectives for a half-day worksh.lp are : • To bu.ild a better understanding of the roles of the ma) ,,r, council , and manager in the governing process • To build effective work relalions among the mayor and city council for enhanced leadership and performance • To clarify roles and relationshi ps among the mayor and city council, and between council and staff'. • To articulate and agree on expectations of the mayor, council, manager and key staff • Identify and prioritize issues, goals, and objectives for the coming yeM I have attached a DRAFT agenda for discussion purposes. The final agenda will be developed after separate interviews with the mayor, counci~ and the city manager. A list of possible discussion topics is attached for your review. Based on my past experience, it is important for a successful workshop that the facilitator speak with each panicipant before the workshop to understand issues, set the panme1ers of the workshop, assiSt in preparation of the agenda, 10 have the opponunity lo get 10 know each other a little, and 10 begin to coordinate a meaningful process as soon as possible. I will provide a final summary document which will 01111line what was achieved at the workshop. My fees are broken out as follows: Workshop facilitation: SS00.00 Interviews with mayor, council, manRger: $6S/hour Total fee NOTTO EXCEED: $1 ,000.00 Thank you for the opportunity to work for the Cit)• of Englewood. Please let ,e know if you have 11llY questions or need additional informario~. Sincerely, -'· f/:11,,.}_l/ 711; •AJ:__ Kathleen M. Novak. Director Center of lhc Improvement of Public Management, School of Public Affairs Campu,es: Downtown Denver , Fitzsimons at Aurora • Ninth and Colorado • • • DRAIT AGEN DA CITY OF ENGLEWOOD, COLORADO COUNC IL ORIE NTATION WORKSHOP JANU ARY 25, 20 10 Desi red Ou tcomes: • To build a better understanding or the roles or the mayor. council, and manager in the governing process • To build effective work relations among the mayor and city council for enhanced l~adership and perfonnance • To clanfy roles and relationships among the mayor and city council, and between council and staff. • To aniculate and agree on expectations of the mayor, council, manager and key staff • Identify and prioritize issues, goals. and objectives for the coming year 3:00PM 3:10PM 3:30PM 4.00PM 5:00 PM 6:00PM 6:45 PM 7:00PM Introduction/Welcome by mayor and manager Agenda Review and Agreement, Ground Rules for the Workshop Why are you he re? Sharing our vision •· mayor & council members Sening the Stage -The Council-Manager Team in Action: Obstacles and Aspirations Roles, Re lationships, and Expectations Working DiMer -Council Working Agreements/Protocols Identification and prioritization of key issues, goals and objectives for 2010 and beyond Next Steps Adjourn (Note on times: As we are engaged in a process, the agenda is a suggested time allocation, however these times are not fixed. The discussion will be faci litated to serve the needs or the group, and will not be limited by times -other than the beginning and ending time.) • • • Kathleen M. No,.ak, ~t.S . Kathie Nova'< has over 17 yom experience in elected oflice. In November of 2001, Kathie was elected Mayor of the City of Nonhglenn. Colorado, and was re-elected in No,ember of 2005. She beglll her career in public service in June of 1991. when she was appointed 10 fill an unexpired 1mn as a Ward I Cou ncilmember on the Jl,'onhglenn City Council, She was elected 10 two four-year terms in 1992 and 1996. and in November of 1999. she ran and was elected 1.0 a four year term as a Ward 4 Councilmember. Active in the National Ltague of Cities, the oldest 11nd largest organization representing the imcrests of cities 1111d towns i.n the country, Kathie serves as President in 2009. She has served on the Board of Directors, the Advisory Counci~ ihe LeadelShip Training Council, the ln1cma1ional Council, ihe Fim Tier suburbs Council, ihe Conference Pl1Ming Cornm.iltee, the Conference Evalu.11icn Commince, and the Finance, Ad:ninistration and Intergovernmental Relations Steering and Policy Commi,1ees. She has also served as chair of lhe Ma)'Ors and Councilmembers Section of ihe Colorado Municipal League for two yean, and as chair of ihe Strategic Visioning Comminee for the League. In addition, she is an active member of Denver's Metro Mayors Caucus, and served as its chair in 2006, and is on the Board of Directors for ihc Denver Regional Council of Governments (DRCOG). Kathie consults In the areas of process facilitation, strategic planning, leadership developmen1, management training, team building, and retreat facilitation. She has worked as an international consultant, spcc'alizing in program development, curriculum development, and training. Kaihie has been a presenter and speaker al numerous conferences. Clients include National League of Cities, International City/County Managers Association, Innovation Groups, numerous stale and local organizations, and many cities across lhe country. She also contributed to Working Toge/Mr: A Gulde for E1ecttd and Appointed Officia/.J, published by the International City/County Managcrnem Associa1.ion and the National League of Cities. Kathie Novak earned her Master of Science in Management from the University of Colorado at Denver, and has an undergraduate degree in Business Adminisntion from the University of Colorado al Boulder. She is currently the Director of the Rocky Mountain Program, al ihe Ce nter for the Improvement of Public Management 11 ihe School of rublic Affairs 11 the University of Colorado Denver. She is also a Special Member of the Graduate Faculty for the Gndua1e School of Business Administration 11 the University of Colorado at Denve r. Kathie has experience in the private, public, and not for profit sectors. Her awards include "9NEWS Leader of lhe Year" for 2003, "Businesswoman of the Year," awarded by the MetroNonh Chamber of Commerce, and an "Excellence in Teaching Award" from Regis University. Kathie is listed in numerous Jl'/10 's Who publications. and was awarded an American Marshall Memorial Fellowsh ip, for travel in Summer 2002. Kathie and her husband, Warren, share their home with their five children and a myriad of pets . The Rocky Mountain Program The Center for the Improvement of Public Management www.nnn.cudenver.edu Kath!cen.novakl@ucdcnvcr.edu mayort'il'nonhglenn.org