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HomeMy WebLinkAbout2009-08-03 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO R'.Jgular Session August 3, 2009 l ,1e regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:55 pm. 2. Invocation The in vocation was given by Council Member Mccaslin. 3. Pledge d Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4 . Roll Call Present: Absen t: A quorum was present Council Members Jefferson , Penn , Oakley , Mccaslin, Wilson , Woodw~rd Council Member Moore Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Gryglewicz , Fin ance and Administrative Services Director White , Commun ity Development Deputy Ch ief of Police Collins Police Commander Condreay 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 20, 2009 . Mayor Woodward asked if there were any modificat ions or corrections . There were none . Vote results : Ayes : Nays : Abs~nt: Motion carried . Council Members Penn , Mccaslin, Woodward , Jefferson , Wilson , Oakley None Council Member Moore 6. Recognition of Scheduled Public Comm•nt (a) Emme Putnam , an Englewood res ident , said Mr . Sears . Mr. Woodward and City Council , I am here to say a few th ings about the leashed ... or unleashed dog situai ;on. First of all , I want you all to know that I love dogs . I am not a non-dog person . I have lived with dogs my r,ntire life up unt il a co uple of years ago when my sweet Bongo died . My own pa•en ls got the ir first dog a week after their wedding , but they wailed five years before lhey started having their fam ily of four ch il dren . So I have grow n up with dogs ... sometimes many dogs . Englewood City Council August 3, 2009 Page 2 My hu,.band and I.. our golden retriever had 12 pupp ies :11 he r first litter. And also horses , cats an d pet turtles and pe l snakes and guinea pigs ... and you get the ide 2. Bu t, I wanted to mak e th at cle ar. I would like to read from 1,1a City Code on the subject al genera l off-le as h guidel ines . "The pe,son in control of the dog must carry a leash , ke ep the dog out of the pla ygro und and shelter areas . Be respe ctful of others who are enjoy ing the use of the parks and pick up after his or her dogs . Be mindful that some people , includ ing thos e with leashed dogs , ma y fee l threatened If approached by an unleashed dog ." Thos e words sound wonderful . but there is a real problem . One is tha t they are impo ss ible to enfo rce . I'm su re the City of Englewood can 't afford an officer to patrol each park 7/24. But I am also convinced that Mr . Love and others in his group are probably very res pons ible dog owners . Bu t the problem is , they are far out numbered by people who are not respons ible an d so I don 't th ink the guidelines , which is really all the y are , they are unenforceable , prett y much ... l don 't th ink the y work , frankly Eng lewood is un ique in our park sit uat io n. We have Denver on the north and part of the west and my understanding is that in Denver that people with unleashed dogs have been told ... fine , you ra ise the money and bu il d you r own pa rk. And then we have South Subur ban Parks and Rec rea tion around th e rest of us ... surrounded . But we have ou r own Parks and Recreat ion Departm ent and I think , fra .1kly, our fo unders and city planners did a rea lly fine job of plann ing our parks . We have a lot of beau tiful park space in th is City . But I do believe that those planners meant the parks for citizens . And until a few years ago , that's the way it was . There were no unleashed dogs . I th ink bu il ding the Can ine Corra l is a smart idea , but it was costly . It cost a lot of money with all that environmental study and everything else that wa s involved . But I am wondering why , pretty much at the same time , the City dacided to have five of our parks be turned into no-leash parks . Why did we bu ild the Canine Corral ? It doesn 't ma ke a lot of sense to me . South Suburban , I kno w, has at least one en closed park for dogs over on Bowles and Platte River Boulevard . That is a big area ove r there . I don't kno w if all of yo u have seen that. They may have other no-leas h parks as well. But the ones that work for most of us are the ones that ha ve fences . Parks like Centenn ial and Jason ... with all the ball fields , the playgrounds , the picn ic areas and our park Centennial. .. fi sh ing areas and places where people play badminton , it is just an impossible kind of place to fence and I certainly would disapprove of any fence that fences in people ... and that • would be a big win for the dogs . So , II seems to me that maybe ... l'm no! sure I'm picturing things right , bu t I • th ink we have a few parks that are more lik e greenways , maybe those pa rks where there would be s:; in trud ing into picn ic s and playground use , cou ld be unleashed dog parks . I'm not sure about that , I hav~n ·t looked at each park, but it is th e dogs gett ing in the way of 1 icnics and play in g and playgrounds and ~allgames and I've seen loose dogs over at Brent Mayne Par k and Cantennial dur ing a ball game . I know that some people feel that dogs are like my cnildren . I've heard people s.,y that my dog is like my child . And I re late to that , because we love our dogs , but as my good friend Dorothy s~.1. I do know the difference betwe en a dog and a child . I th ink if somebody 's child ... somebody else's child , p , ,1ed on a park bench and then your child acci dently sat in tha t poop tha t you would be furious and the child wo ui -: l)e humiliated . Well , that is exactl y what has happen ed in one of our parks and that child was hu mili ated . And I don 't actua lly know th e outcom e of that , but it should never have h:,ipened in the first place . My ma in po int , however, is that I am not sure of the dale when we turn ed in our petitio ns ... was that two weeks ago? At an y rate ... I think that was on a Monday . An yh ow th e Engl ewood Unleashed peo pl e had man y, man y names on the ir petition , but I believe that nearly 80% of them were not Eng lewo od res ide nts . The parks are pub lic , but they are Englewoo d pa rk s and I bel ie,,, that since Englewood res idents pa y the ta xes that mai nta in our pa rks , th at we sho uld be the only ones whc have any real influ ence on yo ur de cision mak ing . We pay the bills , so I don 't see how the people in High lands Ranch reall y ha ve a righ t to try lo be influent ial In helping yo u make your decisions . II makes me think , what would Coloradoans do if the people of Kansas decided that they were going lo tell us how to run our State . Thal is how I feel pbou l our parks . I don 't think non-Englewood residents reall y ha ve an y bus iness telling us ho ,·110 run our parks . I th ink it is Englewood ... you r const ituen ts ... that matter . I know , or I'm pretty sure I know, th at Ih a only way thi s iss ue Is ever go ing to be resolved is if somebody on the Council ma kes a mot io n and then th ere is a vole . And when Ih a! day comes , I fee l that if any Council membe rs are or ever have been a part of Englewood Unl eashed that the y should recus e themselve s from voting becaus e it se ems like a conflict of in terest to me. Council members shou ld be accouotab le to the ir constit uent s, as I just said . II wo uld be inte resting to be abl e to lake a referendum and get a vote of En glewood resi dents, you know , somethin g you could pu t on the ball ot or not. Bu t, tha t would be an interesting th ing to do to find out how everybody fee ls . Thal is bas ically what I ha ve to say . I do wa nt to rem ind everybody though that we live in a grea t city. I love it , I lo ve Englewood. I als o love bei ng a citize n of th e Un ited Sta les . Bui c 1 remember , that the Un ited States is a plac e • where peop le are ex pected lo behave with civ ility toward each other , eve n if the y don 't agre e and I ho", Iha! we can do tha t in Englewood . Thank you very mu ch. Th ere was applause . • Erglewood City Council Aug :,•,t 3, 2~09 Page 3 Mayor Woodward sa id thank you . Mayor Woodward said I am go ing to ask people to refra in from clapping . I understood or heard that I didn 't do such a good job last meeting and I am going to try to do a lot better this evening . I haven 't heard the recording , but I didn 't think we had much clapping after the first person . (b) Doroth y Haefel i, an Englewood resident , said Mr . Mayor and City Council members I haven 't much to add to what Emme has said . I have the same feelings . Centennial Park was really quiet this past week ... part of ii could have been the weather and I th ink part of it is because of the fights about the dogs off- lea she s and I don 't think they are bringing them to the park as much , because they don 't want to be photographed . When I went around the Centenn ial Park ,-and ou , neighborhood , gathering signatures on the petitions , I heard many comments on the incidents that had happened and their wish that the park would be turned back to a dog on leash only park , so that they could take their children and enjoy time at the park without feeling threatened . For safety and sanitary reasons, just because you have signs and dogs are not to be in certain areas doesn 't mean it alwa1s happens that way . Before the off-leash dogs took over the grassy areas ,,.• th e southwest side of the park ... thls is Centennial that I'm talking about ... it was used by people of all ages to play tennis, badminton , other games and to just lay around and read . In the winter people of all ages used the little hill to sled and now this area is used to play Frisbee with your dog . Just because you send the man to observe from the park in g area , once In awhile , doesn 't mean he sees everything . In my petition sign ing excursion , I only ran into three people who wanted their dogs off-leashes ... 3 out of 100. I hope that tells you something . The dogs off-leash people can let their dogs play in their own backyards and put them on leash and go for a walk at the park or use the dogs off-leash park . They can also spend the money they are talk in g about spendi r.g on signage and other things to improve the dogs off-l eash park , so their dogs can socialize and they can be comfortable . I feel that the people speaking out... saying that the parks in Englewood should say dogs off-leash ... from other cities , should not have a say in the matter. Sure they are public parks , but they should not • be governed by the people from other cities . If their cities have an off-leash park ... walk their dogs there . Council members ... consider your own taxpayers and the people that elect you . According to TV , we are not the only parks having trouble with dogs off-leasn ... Chalfield and Cherry Hills State Parks are also hav ing problems ... now I saw th is on Channel 4. Please turn our parks back into dogs on-leash parks as soon as possible. Give us back our parks for the enjoyment for all people who think that a park is for the pleasure of the people ... young and old . Jason Park was crawling with dogs off-leash a wee k ago when we visited there . Listen to <hem about their big problem ... what a big problem they have . And thank you for your time and consideration on this matter . Mayor Woodward said thank you . 7. Recognition of Unscheduled Public Comment (a) Jerry Furman , an Englewood res ide nt. sa id I am runn ing for District 2, so here is my thing . If I am read ing the th ing right , we are supposed to serve the people , fo r the peop le . Where is the City Coun cil al when people am telling you what to do and you guys are not do ing it? Like the marijuana . I mean the pot issue tod ay. You guys said , oh we will put it on the back burner . Weil no , you need to do It righ t now ... because we voters voted It in and we are not doing what we are supposed to do . Like these dog people are tell ing you , they want their park back ... the parks are the people . Are dogs people ? No , dogs are an ima ls . People ace people . You 're serving th e people . The ~e ople are paying your ta x mon ey for the City and you ail are guilty of not serving the pe opl e. Mayor W<,odward said thank you . (b) Tracy Jones , a Highlands r.anch resident , said I am here , obviou sly , for the Jason Park is sue aga in and I was ju st wondering if you guys have thought about what is going to happen when you ... for the registe red sports like the T-ball , and volleyball . Where are they supposed to play soccer and T-ball , if you put • the tense up? That is the whole field on the north side of the pane.. that is where all the soccer players play , that's where ail th e T-bail people play and everyone who wants to just pick up a game of volleyball , that is where the y pla y or pla y Frisbee . I don 't know if you guys have thought about that. And ail their coaches are going to hav e to walk through the fields and pi ck up as much dog poop as they can and , as fa r as I know , coaches , that Englewood City Council August 3, 2009 Page4 is their second job so the y are go ing to be rush ing from their full time job to the park to cle an up the dog poop . Everyone else will be crowd ing each other that are there to have picnics on the south side of the park , with those people who want to pla y volleyball with their family and friends or the yo ung teams that want to play catch or tag football . Save the money that it is going to cost to put the fence up and put it toward a new dog park that is meant just for dogs . This was it is money well spen t. Don 't squeeze off the kids by giv ing the dogs 60 % of the park . Bu ilding a fence is going to make people believe that Jason is a dog park and not a ki d's park . Some people believe that kids shouldn 't be there, because the ir impression ,s th at it is a dog pa rk . Someone has a web page calling Jason Park , Jason Bark Park . If you read the blog on 7News webs ite, you will see that most people believe that Jason Is an actual dog pa rk , not a kid 's park with off-leash privileges . Speaking of 7News , the lady who sa id she though'. it was a slap to Eng le wood 's face and th ought it gave Englewood a bad reputation for being on the ne,vs, is wrong . The only way this would be a slap to Englewood 's face is if Jason continues to be an off-leash park . Maybe Englewood needs a slap to the face to wake up and realize what is goi ng on . This issue has been brought up on three separate occasions in two years and nothing has been done about it... at least nothing good has been done about It. Some Council men have been to Jason and they say they aave seen noth ing . Maybe next time they go they can tal k to the family who is there every Sunday to play volleyI,a11 or talk to the T-ball parents . Th is way, you can hear first hand of all the trouble these people have had at Jas, ,n Park . Don 't let Englewood get a bad reputation just because of some dogs . Dogs should never take priority over our kid s or adults . Dogs come and go , the kids are our future . Please listen to the people of Englev ood , especially those who signed our petit ion , because these are the people who live around Jason Park . ,tis not pe ople who live on the other side of Broadway or down on Sherman , it is people directly around Jason Park . That is their neighborhood park , that is where they can walk to when they want to have a pic nic or a good time . And for the last time we were here about this , the police officer said that there was only like 10 complaints or 15 com plain ts , something like that in two years . I th ink that is because most people th ink ii is ridiculous to have to ca ll the police on a dog com ing after them aggress ively or just stealing their food . Who is going to call the pol ice because a dog stole your food? I wouldn 't, but mayl~ we need to start and I hope we don 't have to , because I'm sure Englowood police officers have much better things to do and worse crimes to take care of than to run to Jason Park over little compla ints . So, I th ink, j ust stop all th is nonsense with the dogs runn ing around , taking priority ove r our kids and wasting your guys ' li me up here fighting this dog issue , Don 't put th e fence up ; put the dogs on a leash . It is pretty simple. That is all I've got for tod ay , I'm sure I will be seeing you gu ys another week ... because you guys won 't do a motion on it. Council Member Wilson said ... I'm sorry ... your name and address ? Ms . Jones sa id I am Tracy Jones ... I thought everyone had that memo rized by now . t live in Highlands Ranch . Do you need the exact ad dress? Ms . Wilson sa id they need it for the minutes . Ms . Jon es sa id she just told me no ... it's Highlands Ranch . Mayor Wood ward said thank you . (c) Jaxin e Hensley , an Eng lewood res ident , sa id I live directly across from the park and have for 28 years . I agree that the playgrounds , where they picn ic and all that needs to be secure for the famil ies and stuff, but I also feel that our senior citizens need to be protected . One th ing that gave my Da d ten more years of life wa s wa :ki ng that park one or two times a da y, He had emphysema and COPD and the doctor said , if he ~idn 't wa lk lik e he did, then hi! wouldn't have lived that long . Now , our commun ity , right in that area , has many senior citize ns and I see them out there walking . A lot of them take sticks with the m, a lot of th em have different other th ings with them , so that they can ward off the dogs . And I just fee l that their needs need to be taken into cons ideration along with the little kids , along with the famil ies that are picn ick ing . They should feel safe to go over to the park and walk around it, without having a lot of dogs j ump at them or run towards them . And I know it does scare them , because I listen to my mom and her friends talk about it. I hope you will take that into cons ideration also . Thank you . Mayor Woodward sa id thank you . • • (d) Bruce Cartm , an Aurora resident , said the reason that I am here to vi sit with the Council is me and my business partner, Dav id Lopez , are opening a medical marijuana clinic on Broadway , 4332 South • Broadway , Englewood , Colorado , 80113 . And bas ica ll y, the reason I came down here wa s to be a little bit more proa ctive than a lot of the other dispe nsary owners in town . There are a few more dispensary owners in th e City of Englewood and we are the only proact ive gro up that has come to th is me et ing . The reason that I came here Englewood City Council August 3, 2009 Page 5 • is that I have a bu nch of educational material s to kind of , you know , give the Council a l;ttle bit more education on medicinal canna bis , because it is such a premature stale right now and a lot of people don 't know (a) what it is all about , (b) how to handle it , and that goes to show for a lot of people In the commun ity , whether it is community people , b,•siness owners , law enforcement, judges , so on and so forth . They all are trying to figure out how to handle this and go about taxi ng and making sure that these dispensaries are do ing what they are supposed to be and no t sell ing other types of drugs in their dispensar ies ... it is all med ical cannab is, mak ing sure that they are not back-dnoring med ici ne out of their back door. The type of bus iness that we are runn ing is a legitimate business and we do help lots of really ill people . Our dispensary is actually one of the only dispensa ries in Colorado that has a minor in our rosier , okay ? Th is minor is actually 16 years old , the only minor tha t is under 17 years old ... according to the Colorado Departmen: of Public Health and Environment. Th is young gentleman would have liked to make it tonight , but he just had rad iation today . He has leukem ia and he is fighting it for the second time . His Mom called me a month ago and asked me , you know , my son is really strugg li ng with his second fight with leukem ia , what can med ical cannab is do for my son? And I sat down and on my cell phone and I talked wiih ner for over an hour. It was an hour and 20 minutes . And I talked with her about , you know , I educated her about avery1h ing from the traditional way of medica ti ng , smoking . There is newer methods of vaporizing , which is a lot more heallhy ... not as many carcinogens and bad th ings that are , you know , the chemicals that are in the marijuana , don 't get transferred over through the vapor. There are edibles , there are drinkables , there are topical creams , there are tinctures and we have medical patients that struggle with menstrual cramps really bad and what they do is they take tinctures . Okay , and what a tincture is , it is an actual liquid cannabis and what they can do is they can heat up a glass of tea and they put a drop of this cannabis in their tea . This relieves people that have fibromyalgia , rheumatoid arthritis and a lot of chronic pains , you know, just to name a few things ... lradilional medicines don 't really work with everybody . A lot of peop le gel sick from traditional med icines ... throwing up or having trouble sleeping . I have an elderly lady that is in her seventies comes to my store and she buys pounds of butter and she enjoys it and she thanks me every lime . And she goes home , we don 't see her but maybe once every month , and she buys the butter and she makes • cook ies and banana nut breads and things that taste , you know, good for her that she can take, relax , it helps her sleep , and it helps her with herrheumatold arthritis . She can barely make ii to my store sometimes ... I have to deliver it to her as well . So what we are offering to the -~mmunity is not only increased tax revenue, but we are also inviting everybody wit h open arms and open doors to educate people and teach them about medical cannab is and the cool things that it does for a lot of people . I appreciate you guys having us here ton ig ht and letting us speak on behalf of med ical cannab is . Mayor Woodward sa id thank yo u. He sa id did you have some materials that you wanted to leave with 1hr Clerk ? Mr. Carter said yeah , I sure do actually . I have all sorts of information . I have some signatures and so forth and letters from patients that can 't make it to the meeting , so I've got all sorts of Information . Do you mind if I pass it to them ? Mayor Woodward said you may pass ii right to the City Clerk . Mr . Carter said thank you , I apprec iate that. Thank you very much Counc il. Mayor Woodward said than k you . (e) Warren Edson , a Denve r resident , ;aid I am an attorne y from Denve r, Colorado . I am one of the co-authors of Article 18 , Section 14 , of the Co ,orado Constitution , which most people refer to as Amendment 20 . I will be incredibly brief here . I'm just lett ing the City Council know that I've worked with Natures Kiss , amongst other dispensaries that are opening up in your City , trying to make sure they ab ide by the Constitution and the regulatio n~ that come with it. Urging them to obviously stay within the limits of the Constitution , pay their taxes and all tha, fun stuff. I hope the City Councils see fit to work with these folks , amongst others , and try to figure out a way to allow these bus inesses to reasonably open in the City to provide the ir medica l marijuana services , as well as the ir tax revenue to the City . Parti cu larly in light of the fact that we have had an enormous growth In the patient numbers just since the meeting with the Departmen t of Health that was roughly what , I guess it was two weeks ago . I know that the Colorado Springs Gazett• Indicated there we re 2,000 new pat ients in 8 days after the hearin g. We have neve r had more than 1,000 patient applications in a month and we had that many in 8 days . So, the long and the short of it, we have an ever increasing number of patients . They are • go ing to need to get medical marijuana from somewhere and ~ we don 't have places like these dispensari es , tha t means these folks are going to be ba ck in the black market , you know , adding to black market crime and everyth ing that comes with that. And that is simply it , so bel ieve it or not , these folks are welcom ing an attemp t to work with the City and try to get th is done right, so everybody can wi 11 in this slluat ion . Than ks . Englewood City Council August 3, 2009 Page 6 Mayo r W,>odward said thank you . m ,:Ila Wilki nson , an Englewood resident , said good evening . I live by Jason Park and my grandson plays T-ba ll there and I think the people pay the taxes , not the dogs . I also take care of an au tistic gentleman that lr 1es with me . Part of my job for the State of Colorado is to give him safety skills , to teach him to go out on his own , to cross streets and he likes to swing in the park . He has been attacked twice at Jason Park and now he is sc.i,•red to death to go to the park , because there is poop , dog, poop , dog , poop , dog . You know , he is afra id, so we ~ave to go the other way . I'm a taxpayer , I'm a vote r. I'm a responsible citizen that likes dogs , loves dogs and have always had dogs as well , but when my 4 year old is on the playground and the dogs are surrounding him or I'm walking through the park and two big St. Bernards come u~ al me and the lady says , oh they're nice , they're nice , they can be as nice as they want , that is too much dog , They need to be leashed , not the children , The children are what our future is. I am here today ... l'm a grandma , I'm a mom . I'm respons ible and I vote. So I really , really would like to see a leash law. Th an k you . Mayor Woodward said thank you . (g) Michael Wilk inson , an Englewood res ident, said as my wife told you , we liv e right near the park ... it Is right out our front door. My grandson plays T-ball there all the time . I was riding my motorcycle down the street not too long ago when a dog comes runn ing out and almost knocks me off my motorcycle ... not on a leash . I know it is no leash required over there , but do any of you have grandchildren that are going to play T- ball in that park? Do yo•J want them slid ing all over dog mess or the dogs chase the ball just like the kid . The kid is runn ing after the ball , the dog knocks the kid over to get to the ball . You know , I think they have their own park : it is right down around the street that we all pa id taxpayers money to build that othe r park for them . I th ink they belong down there . Maybe there is so much dog mess down there that they want to come up to the other • park that they have n't destroyed yet. Clean up that park and send them down there . Have a nice nig ht. • Mayor Woodward sa id thank you . (h) Dick Baty , an Englewood resident , sa id I live directly across from Jason Park . There has been an awfu1 101 of th ings lo do with this park , a lot of conversation . You folks , I know , have spent an awful lot of your time on th is issue . I have lived there , like I said, 42 years and before that it was a fanm . Well when you guys turned it Into a park that was the greatest th ing ,hat you could do . I understand that these people , especiall y the people in apartments and stuff need a place to put the ir dog and exercise that dog , especially if they work during the day . If you come by there I night that place is just completely packed with people ... volleyball , T-ball , what have you ... hardly any place I~ park in there . I don 't think that what we need to have is the dogs in th is kind of a situation . Mr . Ot ,ley is in my district and he had ment ioned fenc ing the north part of the park from the playg ro und and also to the east of the ball diamond . Well , they say that the people , the dog pa rk people , they have sa id if we don 't have it all , we don 't want any of It. Well , that Is all well and good . There is someth ing else that you folks migh t look at , a place that is very little used , which would be a perfect place for these people and that is Roto lo Park . If you will dr ive by there , It is vacant just aboul any time you driv~ by there . These people could have that and have that only for the ir own place . I th ink you might want to talk th at ove r if you don 't care about Mr. Oakley 's idea , talk ii over about Rotolo Pa rk , wh ich I think would be very good . Thanks for listen ing . Mayor Woodward sa id thank you . (i) Diane Newton -Szalay , an Englewood res ident , sa id we have the oldes t existing bus iness in Englewood (Newton 's Ha irstyling ) oth er than the post office . We are very established and I am he re to welcome and support any new bus inesses that will help boost our economy . The only way we are go ing to help ourselves is to help other businesses get established . We are very established . We probabl y have done yo ur ha ir, or yo ur mothers ' hair or your children's ha ir. We are open 7 da ys a week . But I also wanted to ge l edu cated on th is topic also , so I went down to what they ca lled , the Peac e of Medic ine Cente r. When I first • wal ked up tnere I was greeted by security . I wa lked in and met a man by the name of Kev in. He works with the VA Hospita l He is the one that helps se t everybody up with try ing to get them off the op iates . I don 't know how many veterans we have here or how many that you know that are in th e serv ices , but when I talk with th em , they • Englewood City Council August 3, 2009 Page 7 have now over 8,000 people signed up and they only have 40 dispensaries . Well where are these 8,000 peo ple going to go? And like our attorney says , that we 've got people signing up right and left . We have to have new businesses in Englewood to keep our economy going . We are one of the very established bu si nesses that have been here forever . I am speaking on behalf of them , because I think that they will be a very good estab li shed business . It is something new that is coming up and something that you are going to have to deal with on all aspects . There is not a whole lot to draw to Englewood here , because you 've got so many different shopping centers going up . Whal is going to keep people in Englewood? We have to have established businesses that are go ing to stick around . You should go to the other dispensaries . We have them on Alameda between Broadway and Santa Fe . We have them further down on Broadway and Warren . They haven 't had any problems at all . If you want to see Englewood grow and you want to see your economy grow and you want to see your newcomers and people grow , you are going to have to open your eyes and see what you can do about getting these new businesses established . Help us establ ish new businesses , so that we can keep our businesses going . She is from South Side Feed . She's got a lot to say also . She will be their new landlord , but everything is left up to you and we are going to keep our fingers crossed that you can open your eyes and bring some new revenue into Englewood that will slick around . Thank you . Mayor Woodward said thank you . rn Jolie Baty , an Englewood resioenl , said we video taped some of the dogs at Jason Park and I've noticed that there has been a lot of incidents with them, so here is the video . [Clerk 's note : The video was shown .] Mayor Woodward said thank you . (k ) Martha Griego, an Englewood resident , said good evening. This is my third time to approach • City Council to have all dogs be on-leash at Englewood parks , so that the community can be in a safe and healthy environment. I have read many articles regarding off-leash dogs and found many fa cts of like children and dogs do not mix . I continue lo give you info rma tion about this , but for some reason you guys are not listening to the facts. I am just curious how you can all sit there and judge about dogs being oka y in the pa rk when you , yourselves , don 't go to the park on a regula r basis like most of us do . I am not out to get any one of you , but come on, what more do we have to do? Maybe some of you have a conflict of interest since you were or once was a member of the Unleashed Dog organ izatio n and continue to support this cause for your own personal reasons . You are here to support Englewood residents and their issues . So far , I have not seen you support th e res idents , nor their children for a safer and healthy environment. The community does not want to compromise any more . We already did that with the Englewood Unleashed by building a dogg le park for them and their canioe , when Bates-Logan was shut down for unleashed dogs . Englewood Unleashed continues to want more pa .:s for the canines . You , as well as Englewood Unleashed , have forgotten that Englewood parks were built for children and their families . The owners and their canines have Infringed on our rights to be safe . We , the community , are comprom ising already by having the dogs continue to be at the parks . We are just ask ing for a very simple thing and that is to put all canines on a leash . We are not trying to get rid of a person 's animal. We just want our parks to be safe and enjoyable as it once was . I don 't think the community Is asking too much . Instead of build ing a fence , why not put that money into making 3 to 5 sand volleyball cou rt s to have competitio ns at both parks . Th is would bring in revenue to Englewood . People with kids could watch the ir kids on the playground while playing volleyball . The news would spread and people would come here to play . Th is would also cut down the trampled grass from people already playing grass volleyball . Wouldn 't this be more productive than spl itt ing the park so that the can ines can run free and cause more problems to the community residents and their activities ? If this were a court case and you were the judges , we would give you facts and evidence for our cases ... so here 2re the facts . We have presented pictures and video with people talking to indicate what is going on at the park . 75 % of Englewood 's residents signed a petition to testify that there is a problem al the parks with dogs . You have people show up in person and say what is going on al the park with dogs and what happened to them personally. Written letters by residents have been given to you . You have been given documents that Ind icate how bad feces is in parks , caused by dogs . Jason Park is be ing called a • dog park . If you loo k at the comments from ?News , the people are asking why would you bring food and kids to a dog park . Ta ke them to a kids park . There is even a web page called the Jason Bark Park Group now . N,,w the opponent's side ... "we know there Is a problem and we will post signa ge up lo help people with tile ru les . There are pictures of how cute our dogs are and when they are playing . A petition with the 4 t '/, of the Englewood City Council August 3, 2009 Page 8 Englewood residents wan t to keep the parks on-leash for lhe dogs . We clean up l'ie other people 's dog poop if we find it. If dogs are aggressive we ask people nol lo bring lh em ba ck . We ha ve 'und raisers . We have peop le come in and talk about the ir dogs and ho,' nice il is to have the se privileges The other side is exaggerating . Our dogs never give us a problem ,1 nd the dogs love the gre en grass They don 't want to play in the dirt anymore and dogs runn ing free stimulates .heir mentality". Now I leave it up 'o you , the judges . How will you vote now that you have heard the facts and seen the evi dence? I as k that yo , really take th is into cons ideratio n ... all facts that I have put in front of yOL·. I wou ld lik e to know which judg ,, will make the mot ion to put dogs on a leash in all Englewood par ks , so all pe ,pie can enjoy the parks in a safe and hea lthy environment or make the motion to have dogs continue to infringe ,,n hu man rights , to bark, growl , js mp on the m, take their food , drink from the drink ing founta ins, be in the pav ilk·n and leave their waste be hind. <'lease make that motion ton ig ht so we , the community, will know how you judge the res iden ts of Englewood and 1'1eir ch ildren . Remember the petit ions were 75% Englewood res iden tr and according to Kim Love from the Unleashed organization , they sa id they had 41 % Englewood resider .ts . You know, I am not sure that is true or not , but I would like to kn ow . I mean , I don 't see Kim Love here an 1 to me th at is like th ey are give n some infonmation on what is going on in here and I think that is a little biased b1 ·cau se lo us , we are he re to fi ght every Counc il meeting to get the dogs back on a leash . That is all we art as king . We are not aski ng to g< t rid of the dogs . We all love the dogs . We enjoy them and I don 't mind goin 11 up to a pe rso n th at ha s a do g It at has a leash so we can go pet them , but I don 't want a dog to infringe on me or an ybody else . It is not rig ht a 1d that is what we are here for . Thank you . Mayor Woodward sa id thank you . (I) Rick Gilli!, an Englewood res ident , said thank y,,u Mr. Mayor. Tonight I want to talk a little bit about the dog parks as well . I actually spoke the first time four ... six week s ago , I can 't remember , it was a couple of Council meetings ago ... my concern about the anima ls around Belleview Park . I didn 't know that there was a group upset at Jason Park as much as I was at Bellev iew Park . I talked to my neighbors . I kind of had a little commun ity meet ing and asked them what they thought and my neighbors are very upset at what is going on even at Be ll ev iew . We do have the Canine Corral on the west side of Belleview Park and it just seems that people are parking around the nice part of the park where there is all the grass . And I asked one of the gentleman who has a real nice black lab and very fr ie ndly dog , but running everywhere , running up to kids , and I asked him why don 'l you take him . you know there is a park back there , and he sa id yeah , have you been there , that thing is full of crap . I guess there is fece s everywhere , according to him. And there Is no water for the dogs , so the dogs are enjoying the little creek down the middle of Belleview Park . So it tells me that we have a need. Bas ically Counc il , what your citizens are look ing for is your leadership . We have been talk ing to you long enough and m•t hearing anything . I am sure tnat you guys are probably discussing it , it j ust doesn 't seem to be vis ible . But w·, want some action . We want some leadership . Somebody to say, you know what , we need to do someth ing a:iout th is and we need to show the citizens that we understand their concern . And up to this point . there has nc ,t been ar,ything other than you hearing us complain . I am ask ing that you provide : (1) an emergencr moratorium on al l off-leash parks . I know you guys know how to do an emergency moratorium so ... I think :~,is needs to be studied before somebody gets hurt . It would be a great idea to get some good community input , maybe have a public meet ing to just see how the publ ic really th inks abou t this . Like I said before , I have pets . I am a respons ible pet owner. I keep my pets in the yard and when I walk them they are on a leash . The y are always with me . So , the second th ing we can do is have visibl e enforcement from Wh itaker, Lipan ... where a lot of people park , to walk back to the Canine Corral . There is nothing vis ible of where the dogs can poop or wh ~re the bags can clean up the poop . It would be nice , I don 't know if it is the Englewood Unleashed that is going to do that , but it would be nice if the City takes some . you know, if the y are go ing to allow dogs to be off the leash . I'm no t even sure If the Englewood park , as a whole , Is allowed to be off-leash . I don 't know so I dor,'t wan t to make a compla int If I'm just saying something . II would be nice to have a sign that says , th is is an <:n leashed area or this i~ a leashed park , please keep your dogs on . Either way there is noth ing . I spoke to my ne ighbor who has two little dogs and they love to walk on a leash . The y said they are always worried about the bigg er dogs that corns up to them , because the)' are little yappers and they want to bite the ~ig dogs . They are afraid the ir little dogs are go ing to get in troub le for biti ng the big dogs . So there is just son,e concern . And on the Can ine Corral , I actually went back there and looked at it myself and it is not a pleasant place . It is dirty , dogs are di rty I guess and they like to run around in the dirt , but that is why I th ink people are bri ng ing the ir animal s and their pe ts to the nice part of Bellev iew Park and the nice part of Jason Park , because it is nice . If we are go ing to have a Canine Corral , le t's have a nice Ca nine Corra l. Let's have some water lh ere for the • • • • Englewood City Council August 3, 2009 Page 9 pets , s~ that they don 't have to run down to th e stre am and scare th e little kids . That is all I have to say . I just wo uld really support th is Coun ci l doing someth ing like that. It would be nice to go back to my ne ighbors who are expecting me to report ba ck to them and at least let them know tha t you guys are concerned and we are doing someth ing . Than k you . Mayor Woodward sa id thank you . (m) Mark Craft, an Engle wood resident. sa id thank you Mayor and Council . I live in the Simon Center. I came to speak in fa vor of having medical marijuana close by , because I have a defect in my kidney and for the last 25 years ii has caused me to produce anywhere from 1 to 11 kidney stones a day . I've gone to five doctors , five urolog ists . and two nephrologists and nobody can do anything about it... so I suffer. I've been on narcotics for the last nine years . It is getting to the point where narcotics don 't help . My doctor says I would qualify for medical marijuana . If I do go to it . I wnuld like to have someone close by . Th is new guy that spoke about sett ing up a shop here on Broadway , I would like to go to him . He seems nice . I'm one of these that needs it. I'm in chron ic pa in . I'm having trouble sitting on these hard benches . I have carpel tunMI from using a computer for a number of years . I've had six hernia repairs . I don 't want to bore you with my pro .,lems, but I think it would help me ease my suffering . So there are pecple out here that are testifying that do need something . Thank you . Could the Art Reach bus be extended down to the new theatre on Santa Fe and Hampden? Could you work out a deal with Sheridan? I know they are strapped for cash . It would give the people In Simon Center something to do ... to go to the movies . Several tena nts have suggested it and I said I would bring it up at Counci l. And maybe go into Targ et. I think it would help the bus inesses in Sheridan toe and Englewood . And give the pecple in Simon Center and Orchard Place somewhere to go . And the kids when they are on vacatio n somewhere to go to . to the movies . Thank you . Mayor Woodward said thank you . • (n ) Ela ine Hults , an Englewood resident, said I want to than k you for giving me the opportun ity of addressing all of you . There has been an issue for quite some time . I actually view many of these accidents that happen beh ind the apartments , because my apartment is on the seven :, floor and It faces due west. I am concerned with the action of traffic on the alleyway behind the post office , that runs between Girard and Floyd . It is just one block east of Broadway . I, myself, just last week , almost had an accident. People are still entering from Floyd Street , because there is no ... l would prefer that it was a one-way alley , because people enter from Floyd and there are peop le exiling and entering from both ends of this alley . It Is a one-way street alley . I almost got clipped . because some people who are also ex iting out from the post office , mak ing a left hand turn lo go onto Floyd I am coming out of that corner park ing lot and I almos ! got hit that ti me . They come flying out from the back of the post offi ce, on the side of the post office . And we have another problem . People are entering from the alley on Floyd and entering a one -way , a designated one-way entrance, into the post office . which is contrary to what the signs say . We have a jam problem . What I am concerned about is that somebod y is go ing to be injured or killed . We have many people who are very disabled in our bu ildin g, who go with walkers , who also go with motorized equipment and wheelcha irs . And if anyone cannot see them , especially if the weather is bad ... they do ta ke the trip of going through the post offic e parking lot area to make the ir way across Broadway or to catch the bus sometimes . And people come fly ing out of there and our park ing lot is there . It's really a very dangerous spot. We have ta lked to th e trans it divi sion . They did re issue the sign . They put a very distinct sign show ing this to be a one-way . Ev eryt hin g is marked , but people do not observe it. I think something has to be done abou t making th is alley one way or the other or somebod y is go ing to ge t killed . Thank you so much . Mayor Woodward sa id thank you . (o) Clint Wil son , an Englewood res ident. sa id the reason that I am here today Is that I am the director of Outreach at Wellspring Church . We are located j ust south of Hampden . We try to do a lot for the community . We have a min istry which reaches out weekly to about 100 home le ss and low-i nco me families ; • where we feed them , we gi ve them ~roceries, and certai nl y if any of you here wou ld be in need of that , we hope that you would come and participate . But the reason that I am actually here is to just mention lhat we are going to be hav ing a commun ity gathering on Saturda y, August 15'" and I wanted to invite all yo u Co un ci l members and Mayor Woodward and anyone else here who wants to come . We are go ing to be just discussing iss ue s and Englewood Ci(}' Council August 3, 2009 Page 10 needs within the community and we want to reach out and do more for the community . We want to come up underneath the community and serve in any way that we can . And what th is meeting is not going to be, is some sort of meeting to promote particular theological perspectives or whatnot. But what we are simply trying lo do is to get together and create a dialogue and discussion , where we can have key players and key community members come together and say hey you know we have this issue . Maybe it could be some thing for elderly citizens , where they need their house painted or they need stairs rebuilt or something like that. Something which shortfalls the educational system , that we could help address . We could leverage resources . We have a network of churches and so we would love to do that. If any of you would like to come , I would love to extend that offer to you . Again , it's August 15th, Saturday morning at 9:00 a.m. to 10:30 a.m. at Wellspring Church . If you have any questions , feel fre e to approach me after this . Council members , if you haven't already received one of these , I think you will , or an invitation of some form . Thank you again and I appreciate you listening . Council Memb er Mccaslin said can you repeat the address so everyone ... Mr. Wilson said the address of the church , which is actually where I live ... I live in the basement of the church ... is 4300 South Lincoln Street. Do you know whe re the drive-through , walk-up Starbuck 's is? Broadway ... just south of Goodwill? II is one block east of that. I! is called Wellspring Church . We would love to have any of you come , so we could help serve you in any way . Thank you . Mayor Woodward asked is this the location of the form er Cornerstone Church? Mr . Wilson said yes . Maver Woodward said okay . Council Member Mccaslin sai d and it used to be Cherrelyn Baptist? A long !;me ., .. Mr . Wilson said yes . Mayor Woodward said the last person th at has signed up is Rhond? Fields . And if there is anyone else after that, I'm going to hold them back until th e end of the regularly scheduled meeting and let them speak un~cr General Discuss ion , at that time . (p) Rhonda Fields , an Englewood resident , said my granddaughter is 20 months old . And when she comes to visit, I can 't take her to the park . because of the dogs off-leash . I fear for her safety . I had her there one day and a dog came running up to her, a big dog , and the lady says ... oh he won't bite . But I looked down and the dog 's hair was standing on end . I could not pic k her up fast enough and get her out of the park . It is a shame that I have to cut my time with my granddaughter short , in an outing to the park that should be fun , because of somebody else 's dogs . This past weekend , my friend and I were going lo go to the park and sit and visit because they live in anothe, state . I couldn 't do that because of the dogs running loose and the poop in the grass . I grew up with Jason Park . I remember when it was a farm . And it is a shame that my granddaughter cannot take advantage of the same park that I had growing up . My parents have a small dog that I would love to take for a walk on a leash , but I can't go anywhere near the park because he is a small dog and I'm afraid for him with the bigger dogs . So , I mean, it's ... l don't know what else to say . Yes , your dog may be friendly , but certain circumstances , someth ing that that dog does not i;k e: you may or may not be ah!e to control him verbally . And if it is going to take somebody to get nit or r.iauled before you make the b 1glewood park a leashed park , then that's a shame , because it's too late . Thank you for listening . Mayor Woodward said thank you . Mayor Wo odward said we are moving on with our regular agenda right now , and again , there will be ooportunities for anybody else if they want to speak . 8. Communications, Proclamations and Appointments (a) A proclamation in honor of the Englewood United Methodist :;hurch's 100th year at Its present location was cons id ered . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE A PROCLAMATION IN HONOR OF THE ENGLEWOOD UNllED METHODIST CHURCH 'S 100'" YEAR AT ITS PRESENT LOCATION . • • • • Englewood City Council August 3, 2009 Page 11 Mayor Woodward asked ·ere were any co mments . Mayor Woodward sa id I would like to comment th at the Un ited Method is t Church has been in its current location ... they are celebrat ing its 100'" year, as well as 119 years ... its offi cial ann iversary a:; a church . And it is hold ing an anniversa ry celebration on Saturday , August 8th at 3:00 p.m. Church memb urs and neighbors celebrate the history of the church and its special place in the community . I would also like to acknowledge Englewooc: Un ited Methodist Church in recogn izing as a commun ity partner , collaborating with the City of Englewoori to help with and to be a part of the community and its even ts . The City wishes to honor and recogn ize. the Englewood United Method ist Church on :he noteworthy occasion of th is special ann iversary . Counc;I Member Mccaslin said I would like to also say that when I was in Boy Scouts , Troop 92 , that's where we hel'.l all of our meetings and get-togeth ers , it was a fantastic place . I will be there . It was a great place to go. Vote result~: Ayes : Nays: Absen t: Motion carried . Council Members Penn , Mccaslin , Woodward , Jefferson , Wilson , Oakle y None Council Member Moore Mayor Woodward presented the proclamat ion to Po lice Commander Gary Condreay . Mayor Woodward sa id he is a lay leader representing the congregation of the Englewood United Methodist Churr.h. He said if you would care to say a few words about the church , please feel free . He said congratulations to you and your wife and your congregation . Police Commande r Condreay said thank you . I am the current lay leader of the congregation for the Englewood United Method ist Church at 3885 South Broadway . I heard Council was • concerned about what I do when I am not working , so I wanted to make sure that I showed up for this . (There was laughter .) He said just a few of the fun facts . In 1890 , the very first Methodist Sunday school was organized , in what they called the new Englewood area . In 1909, the church was moved to its current location at Mansfield and Broadway , on the northwest co rner. And after several differen t buildings , In 1963 , the grou nd was broken fo r the current sanctuary as it is now . The cost was $250 ,000 .00 and when it was lea rned that the stained glass windows that you can see in-betwee n the cement, was going to cost another $80 ,000 .00, the congregation stepped forward and all of those windows were done by all of the members of the congregat ion . Each one of them tells a separate bible story . En9,ewood Un ited Methodist Church continues to be involved in miss io n work . We currently have had a childre·, s learn:ng center , at the church for over 20 ye ars and it provides affordable day care for up to 80 chl 1Jren . Last year they also opened an infant room , within the children 's learn ing center. The second Saturday of each month , the church hosts a clothes closet and food pantry and on those Saturdays , several hundred members of the community come to obtain clothing and food for the ir families . As Mayor Woodward already announced , th is Saturday August 8th from 3 to 8 p.m., we are going to be celebrating our 100 ye ars at the same location . The last houi , from 7 to 8, there is go ing to be a sl ide show and hymn sings inside the church . The sl ide show will talk abo,ut the history of the church . We seat out about 400 invitations and we 've also delivered flyers throughout th e neighborhood announc in g this occas io n. So , it should be a fun time . There will be a lo t of food , mus ic, bou ncy ball oon things and all kinds of stuff . So if you have time , I'd like to inv ite you by and we are also teaming it up wit h Nat io na l Night Out. Thank you very much . Severa l Council Members sa id congratulations and thank yo u. Mayor Woodward said I also want to ment ion that in th e late summe r, there 's always a pea ch sa le going on al the church and in the fall , there 's always the pumpkin sale go ing on at the church . There 's a ve ry well attended day care center. But again , congratulations to you and the congregation of Englewood United Methodist Church . Consent Agenda i a) Appro val of Ord inan ces on First Reading Englewood City Council August 3, 2009 Pa go 12 There were no add itio na l ite ms subm itted for approval on first read ing . (See Agenda Item 11 .) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE CONSE:NT AGENDA ITEM 9 (b) (I). (b) Approval of Ord inances on Second Rea1 ing (I ) ORDINANCE NO . 31, SERIES OF 2009 (COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER JEFFERSON ) AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT REGARDING 2009 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME : CEN TENNIAL PARK BALLFIELD LIGHTING " BElWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE , STATE OF COLORADO , Vote results: Ayes : Nays : Absent: Counc il Members Penn , Mccaslin, Woodward , Jefferson , Wilson , Oakley None Council Member Moore Motion carried . (c) Reso lutions and Motions There were no add itional resolutions or motions subm itted for approval. (See Agenda Item 11 .) 10. Public Hearing Items No public hearing was scheduled before Council . 11 . Ordlnancu, Resolution and Motions (a) Approval of Ordinances on First Read ing (i) Deputy Chief of Police Collins presented a rec em mendal ion from the Police Department to adopt a bi ll for an ordinance approving an Intergovernmental Agreement ac.horizi ng a Memorandum of Understanding for the City of Englewood 's participat ion in the Denver Metro Auto Theft Team (DM ATT). He sa id I'll try to make th is fa irly brief. DMATT , Denver Metro Auto Theft Taskforce , has asked us to ass ist them , and Gssenlially join them , in their efforts to combat the auto theft and the peoples that are involved in such . By passing this bill for an ordinance that will allow us lo do so . II would be on a part-time bas is and I want to make sure that you un de rstand that. We would provide an investigato r to the taskforce to attend meetings , to ass ist them when necessary . However , if we experience an issue that tests our abilities to handle ii, with our own resources , the y will come in and assist us. That 's essentially it. They require an MOU to gel th is done . Mayor Woodward asked if there were any questions for Deputy Chief Collins . There were none . COUNCIL P/IF.MBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NC .:;:, COUNCIL B:t L NO . 33 , INTRODUCED BY COUNC IL MEMBl:R McCASLIN • • A BILL FOR AN ORDINANCE AUTHORIZING AN INTERG OVERNMEN TAL AGREEMENT RELATING TO THE • DENVER METRO AUTO THEFT TEAM BElWEEN THE PARTICIPATlt :G LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD , COLORADO TO COMBAT AUTO THEFTS AND VEHl~LE INSURANCE FRAUD IN THE DENVER METRO AREA . Englewood City Council August 3, 2009 Paoe 13 • • Mayor Woodward asked 1f there were any commenls . M11yor Woodward said I jusl wanted to mention lhal originally this goes back lo 2005 when our membership started with the Denver Metro Auto Theft Team and I think , as I recall , hearing , I think the 2006 numbers , ii had t,,,en pretty successful in what they had been do ing . Mayor Woodwar~ asked if there were any other commenls or questions . There were none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Penn , Mccaslin , Woodward , Jefferson , Wilson , Oakley None Council Member Moore (ii) Depuly Chief of Police Collins presented a recommendalion from the Police Department lo adopt a bill for an ordinance approving an Intergovernmental Agreement aulhorizing a Memorandum of Understand ing with the United Stales Marshals Service for the Cily of Englewood 's participation in the Adam Walsh Task Force . He sa id th is Is an important taskforce that is headed by the U.S. Marshall's office, FLAG and HIDTA. They need permission from us lo assist them when they come into our City, in dealing with ma':ters related to crimes against children , and dealing with sexually violent predators , individuals that fall to , ,gister as sex offenders . In order for us to officially assisl them , they require a Memorandum of Und .rstandin s, And again , this is not a full time laskforce for anybody to assist them . They generally have a round-up once a year and occasionally come into the Cily and ask for some of our reso urces to assist them in finding peop le. This will allow us to officially do so . • Council Membe r Mccaslin said when was this laskforce formed? Deputy Chief Collins replied ii has been formed for qu ite awhile . And in all honesty , when they come into lhe City , we do not shy away from helping lhem . Bui to be officially recognized as helping them , they do require a piece of paper with our signature on ii. • They have been around for qu ite a wh il e. Counc il Member Mccaslin sa id 1 0 years , 15 years ? Deputy Chief Coll ins said I'm sorry ... l wouldn't throw out a number that I'd be guessing at. Mayor Woodward asked if there were any other questions . There were none . COUNCIL MEMBER PENN MOVED, AND COUNCIL "1EMBER OAKLEY SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO . 34 . COUNCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER PENN A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE ADAM WALSH TASK FORCE -COLORADO BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD , COLORADO WHICH FOCUSES ON THE IDENTIFICATION , INVESTIGATION , LOCATION AND APPREHENSION OF NON -COMPLIANT SEX OFFENDERS FOR POSSIBLE STATE OR FEDERAL PROSECUTIONS UNDER THE AUTHORITY AND UMBRELLA OF THE HIGH INTENSITY DRUG TRAFFI CKING AREA , FUGITIVE LOCATION AND APPREHENSION GROUP TASK FORCE . Mayor Woodward asked if there were further comments or discuss ion . Mayor Woodward sa id th is has to do with high intensily drug traffick ing , fugitive location and apprehens ion . Vote results: Ayes : Nays : Absent: Mot ion carried . Council Members Penn , Mccaslin, Woodward , Jefferson , Wilso n, Oakley None Council Member Moore Englewood City Council August 3, 2009 Page 14 Deputy Chi ef Coll ins sa id thank you . Mayor Woodward and Counc il Member Oakle y sa id thank you . (b ) Approval of Ord inances on Second Reading There were no add itional items submitted for approval on second reading . (See Agenda Item 9 • Consent Agenda .) (c) Resolutions and Mot ions (i) Mayor Woooward said Director Gryglewicz will present a recommendation from the Finance and Admin istrative Serv ices Department to adopt a resolution authorizing a su ppl emental approp riation to abate the property at 3750 South Cherokee . Th is is property that we ta lked about in Study Sess ion . Dire cto r Gryglewicz sa id basically the Mayor said it all. This is a supplemental appropriation to the 2009 Budget of $20 ,000 .00 . The funds will come from the unreserved , undesignated fund balance that we used in the contingency for the abatement of the Cherokee property . That is at 3750 South Cherokee Stree t. Mayor Woodward asked if there were any questions for Frank . There were none . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO . 65, SERIES OF 2009 . RESOLUTION NO . 65 , SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR THE ABATEMENT OF PROPERTY LOCATED AT 3750 SOUTH CHEROKEE STREET , ENGLEWOOD , COLORADO . ~~yor Woodward asked if there were any comments . Mayor Woodward said again I think th is is really supporting a neighborhood that has had a tragedy in it , to beg in with. and they asked us to do something , some time ago , and unfortunately because of circumstances , it is finally time tha t we can finally get someth ing don, So , I will be support ing this . Mayor 'Noodward asked if there were any other comments . There we re non e. Vote results: Motion carri ed . Ayes : Nays : Absen t: Council Members Penn , Mccaslin , Wood ward , Jeffr.~ ,, Wilson , Oakley None Council Member Moore Director Grygle wic z sai d thank you . 12 . General Discussion !Cl erk 's note : Mayor Woodward began General Discuss ion with Counc il Members' Cho ice . Agenda Item 12 (a) -Mayo r's Cho ice follows the Coun cil Member's commen ts.J (b) Counc il Members ' Choic e (i) Counc il Member Oakley: • • 1. He said aga in, I would li ke to than k every bod y who came and spok e bel ~re us ton ight. It see ms like • th ese discuss ion s are go ing to go on , because there's a lot of feeling s on both sides . I hope that someth ing will come out of the recommendations from the Par ks and Rec reat ion that wi ll help us wit h this in the fut ure . We 'll just ha ve to wait and see how it goe s. • Englewood City Council August 3, 2009 Page 15 2. He sa id I was noticing some of the literature that was handed out to us tonight , by the gentleman , I beli eve . that said he was open ing the shop on South Broadway . One of the re~sons that I liad stated was that I needed more help with this and more educat ion cMainly , and th is is going to rake some time lo get th is all done . Because one of the handouts that he showed us . as I just quickly read it, basically wa nts to lega lize marijuana . So . I know that there are both sides of this and this is going lo lake us some time lo work it out. Mayor Woodward said thank you Wayne . (ii) Council Member Wilson : 1. She sa id yes . I want to thank everyone for com ing on all of the issues . I know that they are pass ionate and mean a lot to the people who are here . I also appreciate you coming from Wellspring and you are bring ing help to the City . I th ink that's great. 2. She sa id and we will look al the alley traffic and see if signage is up . 3. She said I would also like to ... if someone were to approve Council Bill No . 35 , an emergency bill for an ordinance establishing a temporary suspension or moratorium on the establishment of new medical marijuana dispensing and growing uses for a period of six months . I would like to see this go lo P & Z, our Planning and Zaring U1,~artment, and have them look into it and make recommendations back to us . Th is would not affect ihe ones that a•e already in the City . It wo~ld just affect ... have to do with the new ones . Mayor Woodward asked you are ask in g for a motion lo approve or are you making the motion . Council Member Wilson asked can I go ahead and make the motion . f) !Clerk 's note : Council Bill No . 35 was listed on the Agenda as item 12 (b) (i).) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE COUNCIL BILL NO. 35. COUNCIL BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER WILSO~ A BI LL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION • < MORATORIUM ON THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FOR A PERIOD OF SIX MONTHS. Mayor Woodward asked if there was any discussion . Council Member Mccasl in sa id well , I'm glad you clarified the existing ... how many do we have existing now , citywide? Council Member Wilson answered I think two . Council Member Mccaslin said we have two . From the audience . Bruce Carter said there is actually three and a fourth one opening up in probably another week or two . Council Membe r Mccaslin said so we have three now. Is that go ing lo affect the fourth one so he can not open until. .. ? Council Member Wilson said I don 't know . City Attorney Brotzman sa id they have to be in operation before the second reading . Mayor Woodward said which would be August 17'". wh ich is In section two of the se cond side ~f the page . He said so they have pulled the ir penmits and are they doing any tenants improvements or anythin~ lik e that? My concern would be that they are diligenl/X doing their work . this be in g a legal operation , diligently do ing their work and all of the sudden , come August 17 , when they may not be complete , that we have cut them off because of this ... does an, ~ody know that? Alan? Director While said I am not aware of any of these establishments hav ing current~ -!r mits that are in process . • Mr. Carter said I spoke to Council earlier. He said there are 40 lo 50 different dispensaries and there is a calling for a lot more lo open . What is happening is that a lot or 1hese dispensaries are pulling the ir licenses and things , saying that they are medical consulting companies or medical facilities or whatever . They are kind of beating Englewood City Council Augu• · 3, 2009 Page 16 around the bush in telling what they are do ing , because they are still kind of afraid of the stigma . With us , we actually wenl lo the federal government and they know exactly what we are doing . We have our permits through them . through the Slate , and lhen , we pulled through lhe City of Englewood , as well . The other dispensaries , I can 'I speak for them and they obviously don 't care enough to be here themselves , but when It comes to operating a business that is actually operal ing right now , I don't know how to answer that question for them . Mayor Woodward said okay . This Is me speaking personally , where I do not want to go Is to get into a situation of tak !ng ... in anyway ... where, we as a government, are taking the ability of a leasee or tenant er a landlord who has leased someth ing to a business that is legal at this lime and limit them to a date where they are moving forward with their legal business . Council Member Wilson said isn 't there some sort of permitting? Wouldn 't they have to get a permit before they start or ... ? Mayor Woodward said well , I don 't see anybody here that can tell us if there Is a permit. City Attorney Brotzman said the only thing ... since we don 't have a general business license ... and there, obviously there isn 't one for medical marijuana , whal you are going to be ·,oking at is have they pulled their sales tax license? Mayor Woodward said okay . Council Member Penn Sb,J and If they pulled their sales tax license by the 17th , then they would be okay? City Attorney Brotzman sa id then they would be fine . Mayor Woodward said okay . That answers my question . Mr. Carter clarified by August 17", is that what you are ... ? Okay . Cool. Mr . Carter continued and we have already gone through all of the steps to do that. We have actually even talked with Sergeant Kelly Martin with the City of Englewood Polle~ D~partment and we have established commun ication there . They are very interested in our business ; wanting to make sure that we are legit and they are checking with fellow business owners in the community and everybody is really excited for us . Council Member Penn said you might want to let your other friends know that they may have a deadline of August 17'h to get their licenses taken care of. Mr. Carter replied in regards to them ... we're ourselves . Council Member Penn sa id I understand . Mr . Carter said what they do , is what they do . I can 't tell them how to ... Mayor Woodward said ii has been helpful and I appreciate your information. Mr . Carter said thank you Mr. Mayor and Council . I really appreciate it. Mayor Woodward said thank you . Mayor Woodward asked if there was any more discussion at this time . Council Member Penn said I'm like Wayne . I don 't think we have enough knowledge right now to make some of these dec isions . I will be willing to support this at this l ime , but really , I think we all have to get educated more and bring in more information from our City departments . I think Jill is correct. We send it to P & Z and see what they do . But it is going to be a learning curve for all of us , I truly bel ieve . Mayor Woodward asked Bob , did you have something . Council Member Mccaslin said no . I think that gentleman wanled to say something and I didn 't know if it was appropriate to say something now or if you wanted them to wait until after. Mayor Woodward said no . We will have some more public comment right after ... Council Member Mccaslin said sir, you can talk right after this . I just wanted to let you know so that you didn 't think we were cutting you off or something . Mayor Woodward asked if anyone else had any other comments . Council Member Jefferson said will we potentially revisit this before the six month period? Mayor Woodward sa id as soon as it comes back from P & Z. City Attorney Brotzman sa id Community Development put together a schedule and it's rather aggressi·,e to gel it back to Council in six months . Council Member Jefferson said okay . City Attorney Brotzman said so I think you 'll be seeing zoning , the crim inal aspects regarding licensing and our current possession and accessory uses , coming back to you at the same time and you'll prorably see something on licensing al that lime as well . Council Member Jefferson sa id oka). Mayor Woodward asked for any other comments . There were none . Vote results: Ayes : Coun cil Members Penn , McCa s!in, Woodward , Jefferson , Wilson , Oakley • • • • Englewood City Council August 3, 2009 Page 17 Nays : Absent: Molion carried . None Counc il Member McJre (ii i) Council Member Jefferson : 1. He sa id you know I, too , jusl wanl to thank everybody for coming out and tal kin g on the dog and medical marijuana issues . Again , I know that they can be emotional is sues for a lot of people , part ic ularly with the dogs . Hopefully , everyone is aware of what process we are going through now . We are go ing through ... getting a recommenda ti on through Parks and Rec so that is why you won 't be seeing a motion this evening . We all came to a consensus and agreed that we would wait for the results from the Parks and Rec Commission , a recommendation before we make any sort of action on that issue . 2. He sa id I would agree that the intersection beh ind the post office is having some issues for some time and so I don 't know If we need to do a Council request or if that Is just something that you guys will Just take a look at and make sure that the appropriate signage is up there and being enforced . City Manager Sears responded we actually do have an ETAC board , which also l&kes a look at Intersections or takes a look at traffic issues . Council Member Penn said we have talked about this qu ite a bit already . They are welcome to come to the Transportation Committee again . I know that you guys have been there before . 3. He said I hope everyone Is aware of where we are going with the dog Issue and what the process is going to be . Like I said, I th ink Rick also made some sort of comment about it...exaclly what is going on . so hopefully he can pass that along to his neighbors on exactly where we are at with th is process . (iv) Council Member Penn said I would just like to thank everyone for coming out ton ight. • appreciate the ir words . And that's really all I have tonight. Thank you . (v) Council Member Mccaslin: 1. He said I have the same th ing . Like that one lady sa id, it is very intim id:.:: .. ~ lo get up in front of Council and talk , so when you do get up , we appreciate it. Because any feedback that wo get Is very Informative . I know these decisions on marijuana and dogs ... they are tough ... they are emotiona l. I know the marijuana thing ... there are people who really need it , so we don't want to shun them, but we &lso want to make ii safe would feel , as an operator, I wouldn't want people snoop ing aro und and trying to break in after hours or something , so I would be worried right there . But then , you guys have stepped forward . I appreciate that. Like you say, you are the only one who showed up , so thank you . 2. He said dog people , we love you . I know that you are go ing to keep coming , so keep coming . Mrs . Griego spoke from the audience saying we will. Council Member Mccaslin sai d I know you will. There 's no doubt in my mind . But I would li ke to thank you guys too . I know it's tough . That's all I have . (a) Mayofs Choice (I) Mayor Woodward sa id I would like to also thank all of the people who have come out on the different issues ton ight... from dogs and to the marijuana is sues . (ii) Mayor Woodward said I do want to mention that tomorrow , Tuesday the .•'" is Nat io nal Night Out Against Crime . There will be block parties throughout the City . If you don 't have a bloc k party or aren 't going to one , please partic ipate by putt in g your porch light on . (iii) Mayor Woodward said I also want to mention that a couple of weeks ago, two • Saturdays ago , a week ago from last Saturday , there was a garden tour within the City of r:'nglewood of ten ... I believe it was ten ... private gardens . I heard a number of very positive and successful comments about it. Some u! these gardens I have seen . I was not... I had other th ings going on , City things that day , and I didn 't go to the gard an tou r. Everyth ing I ha ve heard about it , ii was a total success . It was sponsored by Keep Englewood Beautifu l. .. KEB . So co ngratu lations to KEB and to the participant citizens that had done that. Englewood City Council August 3, 2009 Page 18 (iv) Mayor Woodward said also in regard to Emme Putnam 's ... regarding membership wilh Englewood Unleashed and recusing one 's self , I will slale here as I have staled lo Martha and as slaled to anybody that has asked .. ,! was a member of Englewood Unleashed for a couple of years . I haven't owned a dog in ... well , personally I've never owned a dog . My family owned a dog some 50 some years ago , I do own cals . Eng lewood Unleashed has been a partner ... does have a partnersh ip agreement with the City of Englewood . Because of !hat, I did support Englewood Unleashed and !heir mis sion and whal they have done by being a member , I was a member , I believe , it was for two years . I also bought a brick for the opening there . You will find my bric k .. ,il is the one wilh !he cal on it. II is the only one with !he cal on it. So no I will no! recuse myself because of my part icipalion or rny help or support of Englewood Unleashed . (v) Mayor Woodward said Dorothy , although you are not here , I would just like to ment io n ... and I have had this discuss ion with others ... that Englewood ... go ing back to an unleashed park is something thal isn 't because Englewood Parks never were unleashed parks . In 2001 and 2002 , when Englewood was looking at going to a leashed law, all of the parks within Eng lewood were off-leash . Now !he perception may have been that they were on-leash , but the law v:as !hat they were off-leash ... lhal !here was no leash law, You had lo be under conlrol either off-leash or on-leash . And so to go back to an on-leashed park is an incorrecl statement. I appreciate Mrs . Griego 's talking about coming back to a children 's and families parks , which is a chang, · from just a children's park , because these are truly people parks , currently , wilh dog privileges . Histori c.ally the five parks that were originally designated , which did not include Canine Corral because thal was rot initially even a dream ... the fifth one was Bales-Logan , Nobody on that comm ittee , back in 2001 and I happen to be on thal committee , regretfully , nobody imagined what this was go ing to be . What was going to happen al Bates-Logan . What was going to happen at Jason . I th ink everybody on the committee just imagined th ing s wt•uld go on as they were ... which was incorrect. People have gotten more partners as dogs and that sort of thin .J and it has changed , As Joe had mentioned , !his has been forwarded on to the Parks and • Recreation Commission , which is an advisory board to City Council. Having served on that board, there are • people that are on that Commission !hat have a lot of e,:perience wilh this . One happened to be the former manager of Cherry Creek State Park and is now retired and knows all about off-leash dog parks . Whoever brou~h! up aboul the two problems being on TV about Cherry Cr eek and Chatfield ... that is true . Of course , l~n se are much larger parks . We do not have the land in the City of Englewood , Iha! I am aware of, !hat the City of Englewood owns that we can designate another just pure off-leash area . I don 't know where il's at, if we have it. Anyway, I wanted to make those comments and aga in, thank everybody fo r coming out and voicing their comments . (vi) Mayor Woodward said the last ilem thal I did want to mention was regarding the Art Shuttle . The An Slluttle was originally funded through grants from the federal government and RTD for the City of Englewo od and going by the senior centers , downtown Englewood , all tile way over to Kimberly Woods , by Orchard Pla ce , by Swedish Hosp ital and Cra ig Hospital and servicin g the <,,ty of Englewood . There has been discussion with the City of Sheridan , going back a number of years , regard ing a shuttle thal would serv ice , no! on ly River Po inle , but also their new Jevelopmenl over !here , Thal has to be done wilh RTD !hough , because RTD is the partner and part of !he funder with that. The Art Shuttle is somelh in g that is Englewood and is for Englewood citizens thal has grown by leaps and bounds every year it ha s been opened , since , I believe , 2004 , And so I don 't th ink ... !he Art ... it is not funded for that , it's no ! appropriated , Hopefull y, some lh ing will co me from Sheridan on tha t wil h RTD . Council Membe r Wilso n said may I make one quick comment? Ma yo r Woodward said you may , Cou ncil Member Wilson said thank "Ou , I just want to make it clear !hat yes I was on !he task for ce for the dog park . I was one of the founding me ,,, •s or founding people of !he Englewo od Unleashed . I have not been on ... l have no! belonged to Englewoor' ;shed since I have been a Council member. Ar.d I do th ink that they are a good group of people , I d,· ... K they are partnered with !he Cily .. , lhey have stepped up in a lot of ways . But I won't recuse myself either bec ause my official dealings with them .. , I no longer have those . So , I jusl wanled lo • let yo u know about my pos ition and where I've been with !hat. • Englewood City Council August 3, 2009 Page 19 Mayor Woodwa rd sa id nor is there any beneficial , cash benefit. Council Member Wilson said no , lhey are not paying me . Ma yor Woodward said so there is no conflict of interest. We do not get pa id for that. Council Member Mccasl in said oh wait. Can I say one th ing here? I'm sorry . I was very remiss about not talking about the garden tours , since I am the liaison for Keep Englewood Beautiful. I did have the memo . I did have the email here . But this is from Susan Bayless , who is on our committee ... my son was in town from New York and we had a big baby shower, so I only got to attend two of these , but it was wonderfu l. Just to give you a little flavor of the day, it says 'just want to thank you so much " ... and th is email was to all of the partic ipants and there were nine of them .. .'just wanted to say thanks so much to all of you for part icipat ing In the garden tour. We had as many as fifty people at some of the homes for our first year. What a terrific success . I even heard that Dan was handing out lemonade to everyone . What a great treat .' And that's the one that I did hit. , did get lemonade and coo kie s. So , I got the righ t one . For just putting it together, It was a great, huge success . I th ink what we'll do , as she says in September or October , we will evaluale and see what we can do to cont inue this and make it an even better event for next year . So this will be , hopefully , an on-goi ng lhlng . I thank you for bring ing it up . I did have it here . I'm sorry . Mayor Woodward sa id and the story about the elderty gentleman , blind gentleman , that's a gardener and I think fom did a story in the Herald about him. It was very, very good . He was asked by a pol ice man, I th ink during the evening hours , what he was doing out there In the dark . He lifted up his cane , moved it around and said what do you mean in the dark , or something like that There was laughter . But he has one fantastic garden, I understand . He has the help of his daughter . So these people are much to be adm ired and we as a community , going back well over 100 years , have a heritage of agriculture and farming and orchards . Recognition of Unscheduled Public Comment Continued (q) Dav id Lopez , an Englewood bus iness co-owner , sa id I am part owner of Nature's Kiss , eslabllshed righl now on Broadway . We covered a lol of th ings , but one thing we slightly missed is somelhing lhat Sergeant Kelly , Kelly Martin , thal went to our shop . The main concern was safety for us and safety for our palients . I just wanled lo bring to your attention that we do have off-site surveillance . We have cameras lhroughoul our build ing. If anybody feels like they are in danger or feels like maybe someth ing wrong is going on , we do escort our patients to the ir car and make sure that they leave safely , securely . Obviously we're here showing you guys that we are leg iti mate and we are go ing to do th ings legal . He did me"ti,n that the officer , the chief, was going to be here ana to say ... if you guys have any questio ns or any concerns , any of you guys , or just want to come by and see how we run our establishment, you guys are more than welcome to come by. So , that's all I wanted to say . Our ma in concern is our safety for us and safety for our patients . Thank you very much . Several members of Council sa id than k you . (r) Mayor Woodward said are you open now? Mr. Carter said right now we are getting our bu ilding perm it s and we going to start constru ctio n. We do have our sales tax license and eve rything, but we are starting constructio n th is week , so we are no t open right now. But we were slightly for the patients that we have been serving for over a year and a half. So ... yes and no . Mayor Woodward sa;t. than k yo u. Mr. Carter said thank you guys again . (s) Ela ine Hults , an Englewood res ident , said now I'm an ea stern girt, but I came out here and I j ust love Colorado and I love Eng lewood . Let me tell you someth ing . When I was In Flori•Ja , I worked for a group . It was fo r a cha in of five rehab centers . They were like country clubs , up 11nd down the east coast. I was a bookkeeper , but I had to deal with these people because I was the gal who had to find out where the monev • was . I'm go ing to tell you somethi ,1g . If we don 't provide ... because there are legitimate people ... and I ha ,a a med ical bac kground ... who really cannot to lArate other types of drugs and th is is the safest way to ass ist them with pain . And the po int I'm trying to n .ake is if we don't provide it legally , then we are just making a lot more money for the guys that are taking in, bri ng ia g it in from Florida and everywhere else . And in my op ini on , I thin k this is a good thing to be done . ; ust wanted to tell you that. Englowood City Council August 3, 2009 Page 20 Mayor Woodward and Counc il Member Mccaslin sa id tha nk you . (t) Jerry Furman , an Englewood resident , said I talked to Ran d/ I nn about this ioea , because his brother, Ed .. , Ed Penn ... died in the war. And I don 't see any names of the people who died in serving our country ... in our City . When are we going to put the ir names on a wall or something he re for everybody to know there are people who are honored in our City ... who needs to be put in for our country and our City . I heard there were 40 or some more after that. I thought it was only him. So , if there is more , why are we not putting something up to memo rialize that? We have a Korean War sign th ing and there ·,. no information who died in the Korean War . Why do we have that sign and not anyth ing for our veturans? Our veterans fought for our country . fought for our rights , and I'm sorry about saying that you guys don 't serve the people for the people . You guys do that because you look at what is you . And I'm sorry for saying that. C:ouncll member Penn said sorry Jerry . We still like you . Mayor Woodward said thank yo u. 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council . 15 , Adjournment ODWARD MOVED TO ADJOURN . The meet ing adjoumed at 9:50 p.m. ·tt~ • • •