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HomeMy WebLinkAbout2009-08-17 (Regular) Meeting Minutes• 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLC:WOOD, ARAPAHOE CUUNrY, COLORADO Regular Se11lon t ,uguat 17 , 2009 The regular meeting of the Englewood City Council was called lo order by Mayor Woodward al 7:44 p.m. 2. Invocation The invocalicn was given by Council ~.,mber Mccaslin. 3. Pledge of Alleplance The Pledge of Alleg iance was led by Council Merr ,'ler Mccaslin . 4. Roll Call Present: Absent: A quorum was presen t Council Members Jefferson , Moore , Penn , Oakley , Mccaslin, Wilson , Woodward None • Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Cieri< Ellis Deputy City Clerk Bush Direc lor Gryglewicz . Finance and Admin istra live Services Director Fonda , Utlll ties Operati ons Division Manager Tallent , Wa stewate r Director Wh ite , Community De v•lopment Director Eato n, Human Resource s Fire Ch ief Pattarozzl Pol ice Commander C,•n dreay Poli ce Sergeant Contos 5. Consideration of Minute& of Prevloua Session ',\ COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPRO\ c THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 3, 2009. Mayor Woodward asked if there were an y changes or modifications . There were none . Vote results : Ayes : Nays : • Absta in: Motion carried . Council Membe rs Penn , Mccaslin, Woodward , Jefferson , Wi lson , Oakley None Council Membe r Moore Englewood City Council August 17 , 2009 Page 2 6. Recognition of Scheduled Public Comment (a) Martha Griego , an Englewood res ident , sa id good eveni no I hope you all received my ema il • regarding vo ice control versus leash control by a dog expert named Jenn ,,· ·.I,me 'rem Front Range K-9 . At the Parks and Rec meeting , I had given more facts with regards to dogs be ing ni t Ie.;s1, and how unsafe it would be to continue liv ing as happened . I don't want to repeat myself from that meeting a;-~ therefore wil: just give you a copy of the facts . I will say that from what you read , the bottom line is, ch ildren and dogs do not mix in an open area where both are playing without fencing . Dogs on leash are still animals and will do as they want. Loud no ises and scream ing Is a nu isance for dogs and a gated fence is a must for unleashed dogs . 4.7 million people are bitten by dogs every year , especially children . Dogs are territorial when chasing balls or toyt and voice command is hard to detect when in an open area . And the last th ing is dogs are an imals and not humans . Now here is something else to think about. We have two maJor parks : Cherry Creek and Chatfield that are rethi11king of changing their leash policies . We are tal king of two parks that have more than 10 acres than we do and y,.t they are indicating the follow ing : areas have suffered damane over the course of th e past 7 years , ·to to 12 foot wide tra1I·; are now 20 to 30 foot trails due to high dog off leash traffic , volumes of users have increased , some have s· ,ested dog impact fees , dog licensing , etc . to control the volume . Some have suggested eliminating the dog ofi t::ash area . At the Parks and Rec meeting , there was a motion to cancel the fenc ir.~ and shrub propNal and maybe work with set times to have dogs off leash . Think about the dilemma here . Eng ewooci Unle ashed continues to call Englewood parks dog parks . They don 't reler to it as community peoples' park but a dog park. Their minds are conditioned only to speak of thei1 dogs running loose and our mir.rj is for people safety . The y don 't care about the children and elders who may have fear of dogs or fo r that matter, if or.: nerson is to ge t injured . Englewood Unleashed cont inues to fight to r.,ake peoples ' park into dog parks and will go to any length and to slande r people to try to make a point. As Kim Love , Pres ident of Engle·.·,ood Unleashed , iidicated to other people and at the Parks and Rec meeting , that I am a liar; I am not contributeo ,o Englewood ; that I have done nothing for Englewood ; and I am exaggerating . His •·'eech was mainl y to attack me . It was not about the safety for the people of Englewood . I would like to say . I have lived here for 27 yea rs and my kids went to Englewood • Schools and played in Englewood sports . As a family , we competed in volleyball and softball in Englewood . I was a Chair for Englewood Title 9 schools . I do my shopping here in Englewood . My dog was groom ed on Broadway when he was alive . I just don 't bLy a cup of coffee from Starbucks and say , I'm contributing to Englewood , like most of the ir people say . Kim Love , if you have something to say about me , then quit hiding behind your dog and be a real man and tell me to my face . So , before you start making accusations , find out the facts first. You need to go back to Highlands Ranch and start an •Jnleashed organization there and ,eave Englewood alone . Now let's keep to the issue of people being sate in the parks . Kim Lc,ve , Pres ident or Englewood Un leashed , indicated that they have raised $4 ,500 .00 . They have money to make their park a better park . They can be proactive and place a donation box at the front entrance of the dog park and use those donations to keep up th eir dog park . It seems to me that they all want Englewood parks to be unleashed so that they don 't have to dea l with the dog park . I wil l state this aga in. We built a dog park for them and yet it is not good enough for them . That was a comprom ise from the Bates-Logan and here we are again . They want more parks fo r the dogs and probably won 't qu it unti l they have succeeded . What happened to the publ ic parks being safe? We don 't have to worry about strangers . No , we have to worry about canines . Do we forget that the huma ns go to the park to have picnics . play sports , jog around the park , etc .? Th is issue before us is who has the right to be in a public park running free ? Is it the dogs or is it the humans ? Myself, I will stop coming to tne Englew ood parks if it is turned into a dog park . I v. ant to enjoy the beauty and allow the children to play in . That is a lot healthier than dogs infringing on me and my family . Set times were mentioned and I have talked to some of the commun ity res idents and they were not happy abou t this gesture , bec ause th ey believe that we will be back aga in within a month or even within a year with the same iss ue. We realize that you are try ing to make everyone happy but again , they are as king . wh y do we waste our money on a dog park if the y are not going to use it ? You reall y need to th ink about that. Maybe it was a mistake to have dogs unleashed at parks . Well , we all learned from th is ordeal and now ;1 is time to fix it. If set hours are establ ished , then there is no need to find out what is going on with activ ities at certain parks . It should be set times for all Englewood parks so no one will be confused ,'nd there will be no excuses , Just as yo•J have in all Englewood parks . You have set ti mes that when you wil l ,,,;;n and when yo u close . If you go to set hours , are you wi lli ng to put your family at risk when a Code ·,n:orcement is at one of the parks dealing with a dog be ing off leash at the time that that is set for them? Are you • ,,.,.mrng to dea l with the issue in a few months because dog owners are refusing to put their dogs on leash ? How is t~,s go ing to be enforced ? \'1111 they get tic keted ? Who knows ? Will they st ick around to be cited ? I highly doubt It. It wil l be he sa id/sh e sa id and noth ing will happen and of course , we will be bac k to square one . Are you Englewood City Council August 17, 2009 Page 3 • willing to take that chance and see the beat go on and on aga in? Wouldn 't it be easier just to put all dogs on leashes across the board? Emme and Dorothy from Centenn ial could not be nere tonight because of prior engagements They asked me to relate a couple of issues for them . One is , during the Parks and Rec meeting , they felt that Englewood Unleashed was ind icatin g to let the elders walk into the sunset and not come back to life Number two . that ch ildren should be washed and thrown ou t with the water. Number three , if set hours are done , make the hours from 8:30 AM to 8:30 PM because the elders do their walk ing in the early hours before it gets too hot for them . And number four , they would st ill like to have all dogs on leash at all hours so children and families can continue enjoying the parks as it should be . I would Ilk~ to ask Wayne Oakley , since the fence proposal was shot down , are you willing to stick with your guns now so that all Englewood parks can be a safe environment fo r all the people as you have indicated ? And Jill , I would really like to have you removed from any dog issues that is being presented . I have heard from many people about your status with Englewood Unleashed . I have k< pt an open mind and wanted to see for myself if this was true or not ana from what I have seen so far , you are r 1aying both sides of the coin . We have all noticed that you roll your eyes when we speak of the safety of people and what is going on with the parks . When the film was shown at the last meeting , you turned away from it. You refused to see It. Even though you have seen it before , like the other ':ouncil members , you gave no respect to what was being shown . Tha t was very disrespectful as a Council person . You were the teacher for Englewood Unleashed on what moves to make for City Council can agree with them . When you talked at the Study Sess ion , you gave it all away . Let's co-exist. Englewood Unleashed knew exactly what to talk about at the Council meeting . Let's co -ex ist. Th is is your baby and you want the control over the parks . We just don 't see you as a fa ir person to look at both sides fai~y as all the other Council people have been . You are supposed to be here for the safety of the people , not to frown that we want dogs on leash for our safety . So we are asking all Council Members to have Jill removed from voting on this issue . I know she 1s your friend and your collog ue but we want people that can be honest and see the safety of our children and families , even If it means giving up something that was founded by them . One other thing Jill , don 't tell me to co-exist with a dog . II is like saying we need to co-exist with the animals at the zoo . I personally will co-exist with you and other people who can have a Aconversalion . Remember , dogs don 't put money on our table. They don 't pay taxes . They don't even vote . They Wdon't contribute to anything except being your best friend . They are not our future . The y are just an imals . So you can stop saying we need to co-exist. Th is is ridiculous . And if that means that I am an anti-dog or dog hater to you , then so be it. At least I know that I have the common sense to know the difference between an anima l and a person . At the Parks and Rec meeting , there were four people who understood the meaning that parks should be safe for residents and children to play , have picni cs, have sports and not have dogs infringe on them while they are there . At the last Council meeting , we asked that there be a motion to put dogs on leash at all Englewood parks but Council wanted to wait for the verdict of the fencing . Now that the fencing was defeated , we ask again that a motion be made tonight that dogs be on leashes at all times for the peoples ' safety . Remember therP. was 75% Englewood petitioners that want their parks back . And as we said the prayer , you are here to serve the people and that is what we are looking for ... all Englewood residents that have signed the petition and :hat is all that we are asking . We are not asking to get rid of the dogs . We are asking just to put them on the ir leash ~I all times . There is no confusion . We are not back here in another year wasting your lime . Thank you . Mayor Woodward said thank you . 7. Recognition of Unscheduled Publi c Comment (a ) Laura Bartn ick, an Englewood reside nt, said I've got 4 hand written pages here so if I go ove r, my husband is go ing to take over from there so just let me know. I am here tonight to as k you if you rea lly did intend to grandfather us . Mayor Woodward said would you state your name and address for the record , please . Ms . Bartnick said I'm sorry. I thought you introduced us ... Bill and Laura Bartnick . Mayo r Woodward sa id and your address . Ms . Bartnick said I th ink you have my address . Council Member Moore said it is for the re cord Ms . Bartnick . Ms . Bartnick compiled by providing her address . She said Mayor, if you really intended to grandfather us with the ordinance , I would ask that you would do that . It is lime for you to use your power to do the right thing and rectify the reputation of Englewood . You can lead the way and you can use you r trump card . Thursda y afternoon at trial proved to be an exciting and momentous turn of events in our favo r. Ynu c~uld get a copy of .hat last hour of stipulation from dismissal of charges and the discussions that ensued from the court . It is only an hour's worth of listening to . We were only a couple of hours into trial when the new boarding house ordinan ce was completely gutted . Tricia Langon , in her testimon y, admitted that we were not a business , discrediting Ann Drake 's testimony and that we were not a home occup ation either , r.,ak ing your own ord inan ce requ iring a licens e Englewood City Council August 17 , 2009 Page 4 or permit gro undless an d invalid for our household . The n La nce Sm ith to ok th e stand and admitted on record tha t we did ha ve a valid homeowners permit and that we were completely within the la w and with in our rights to have our friends he lp us . The court determined that he invalid ated our permi t based on an order from the City and a hearsay docum ent that co uld not be entered into evidence . With the winds knocked out of the prosecution 's sails . Margeson stipulated to dism iss on both r.harg es of ho me occupation and licensure in our favor. We are a private residence . not a bus iness . Mayor , I believe yo u have a conscience and yo u have a heart . I th ink last year when this ordinance was schr:ii du1ed fo r second reading during constitution week , tha t you showed a window into yo ur sou l. Do you recall that you said that in the light of the fa ct that it was constitutio n week , you hes itated to approve the ordinance ? I don 't know whether you were th inking of your oath to uphold the constitut ion or what, but your conscious was definitely at work . Then Mr. Jefferson agreed and sa id he would like to propose a solut ion to the ordinance by amend ing it to incl ude a grandfathering prov ision . This is a sig nificant modification to the intent and purpose of the ordinance . There wece two problems with his amendment howev er . The first was that it requ ired us to upgrade our entirel y fin ished and inspecte d home to the newest international building code and prove that those inspections too k place. Of course , we couldn 't physically comply with that requirement. You can lead a horse to water but you can 't make him drink . I actually didn 't know that not be ing able to ph ysically comply with the law is a jury instruction for zoning ord inances until the Judge read these instructions at the end of the trial to the jury . Up until that point, every attorney we had hired told us that we were doomed because in criminal zoning matters the City doesn 't have to prove our intent was to dis obey . The y also don 't have to prove that there is any harm done or that there was any real victim . So when Ron Noffs inger too k the stand to testify all he had to say was tha t he regularly saw a person drive up to the house , park the car and go inside , And then he could tell that they were living there because a light went on in the upstairs window . Now , if that is a cri me to you , please keep going in this direction and crucify us because I can assure you that it takes real guts to use your trump card and tum this ship around . But if it is a crime , a crime of morals , as the zoning household definition categorizes it in the penalties clause , then the City will be fraught with lawsuits and prosecutions . The people will rebel against such shock ing standards of justice and due process , ti Is the same thing to make us register as making the Jews wear arm bands just because the y were Jews , This City's housing status will not be upgraded because of fear of what Englewood did to us and to ou r well meanin g friends . This story will become a ma xi m around households here and things will rot rather than people trying to attempt to fix things or invest in their homes . We all get the message he re tha t we are doomed if we try . Th is second th ing wrong with Joe 's amendment was that Coun cil an d staff failed to send it back to Planning and Zoning for their study and recommendation . This is against Secl io n 58 of the City Charter which demands fo r any modification or any amendment to be sent back to Planning and Zoning . Our attorney , Robert Gallagher , then went a step further in trial and motio ned the court to dismiss the last two shells of the charges of boarding house because the guts had been removed . You can 't force a burden of reg istrat ion on one household that you don't require on all other normal households . Never mind the fact that everyone involved knows all of our construction was completed in 2007 and a year later , on the date of the complain t. we certainly we re not doing Christmas lime construction . We were entertaining . There were no active permits requ iring any fi na l inspections due , All of this caused ... Mayor Woodward said her time was up . Ms . Bartn ick asked her husba nd if he wanted to read the last paragraph . Mayor Woodward sa id she could read it. Ms . Bartnick said thank yo u, my husband is dyslex;c . He actuall y is one of those people that are a protected membe r of a socie ty so I'm also putt ing you on not ice fo r that. She said all of this caused a long pause from the j ud ge that afternoon . He knew that 2007 was be ing mixed up with 2008 in the j ury 's minds , There was an awkward silenc~ and then the jud ~e admitted th ere was very little left for the Cit y on which to hang its hat. Th is was all out of the jury's hearing . Trey didn 't hear what was going on . Neverthe less , pause , pause , pau e ,, he sidestepp ed the legalities because "it gees to the heart of th e ord inance ·, another pause , and he deferrea ta the jury to de cide the facts . Being found guilty of an illega l and invalid law is plain error but on Frida y that is exactl y what the court allowed to happen . If ,ou do not acquit us tonight , or very soon , we would at leas t apprec iate the good faith of send ing us a quick lette r deta ili ng the correct regulations , the correc t fees , send ing the corrected reg istratio n forms and whatever else we have to compl y with in order to keep our household in Englewood either as a board ing house or as a sma ll group home which we also feel we ~amply with . Thank you very much . I am going to give you a couple of Supreme Court la ws for you to look eve, in your dec ision . Mayor Woodward sa id thank you . (b) Steve Scha lk, an Englewood business owner , sa id I am one of the owners and managers of the Gothi c Theatre and also to Moe 's Original Barbecue and a bus iness owne r here in Englewood, I am he re to kind of follow up after you gu ys heard from Jon Cook a coup le of weeks ago . I wan t to discuss sign code and I want to • • • Englewood City Council August 17 , 2009 Page 5 .rem ind the City and the residents that 80 % of the revenues that comes to run th is City come fi·c-n bu si nesses and aDout 20 %, I understand . comes lrom the res idents . There is not much of a bus iness vo ice ir the Cny . We fight for our bu ~i nesses to stay in business and the sign code needs to be overhauled . Banners . ,, -,r,dw1ch boards and murals have been an issue and we are do ing our best to communicate to the commun ity out there and trying to bring on bus iness to try to help support the City and something needs lo happen . I have banners up . I've taken them down . And we go after businesses I.Ke Headed West , who has a mural up . I don 't know how mu ch time and effort has been spent to go after th is fellow with a mural. Also , too , Liquo r Barn has a mural up . Are we go,ng after them ? The mural code here is a , O x 10 . I tried to do a mural on the side of my build ing because 't will help allev iate any graffiti . That is not a big enough area to put up a mural . You need a bigger area . We 1 ·ied to De able to promote ... and we need to be able to promote business . You know , I mean . we need to help thi o City . So I suggest that we suspend the sign code , you know , enforcements until the sign code can be reviewed . And I would suggest tha t ACE . which I have been a member of to, a number of years , maybe head up the reviewing of the sign code and ma ybe bring some suggestions to City Council as to maybe how we can move forward on that. It is a first amendment law that allows us to really communicate ou , ere a·,d I th ink , Dan , that you ha ve been up against th is now and I think we are still up against this . And the ~•:>rals a", still up and we are still fighting . What are we fighting for? Let's review this sign code . Let's susp a:io ,.,, i;. f " ,n coming after us . I am tired of It. Also too , I would suggest overhaul Community Development a,,a I ·.~ul: ,•,g~,,~t" new title would be Business Community Development. If we can su pport business and create more ousine as. we can have more tax revenue to help support the City . It is very difficult. I made a phone call to Alan a co•;ple of weeks ago ; the same week I guess that Jon Cook had an issue with the banners , and the comments always back from Alan and /o r Gary when I make a phone call is , well you can bring this to City Council . That is not an answer. That is not the answer that I am looking for . The answer that I am look ing for is we will try to help you . Maybe you should ~,i ng it to City Council. If you don 't feel that It is something you want to bil ng to City Council , then maybe I will bring it to City Council. But help support the businesses . The businesses do need that support. Dog leashing is an important situation obviously . I got the pleasure of reading the Westward this last week , reading • bout my building and the City of Englewood talking about dog poo in the park . We should think about usinesses and you know , deal with some of these other issues also too , but without the re ve nues from the bus inesses , we wouldn 't be here . Mayor Woodward said thank you . (c) Linda Counterman , an Englewood resident, said I am here to talk about Jason Park . Some of you already know me . I was known as the one that lead the charge to keep dogs and put them back on leash at Bates-Logan Par1<. So many argumen ts that you guys are receiving regarding dogs being off leash ; revenue , safety , soc ial izing , the first City that would receive the newest state of the crew , disposal facilities for dogs , but we need to focus on the issue at hand and that is a free range off leash dog park . This is not safe . It is not safe for the dog owners , for the dogs or other visi tors at the park . It is the owner's responsibility to make the park a place that all can go to use and fee l safe and use i'. right. By not fencing these dogs in , not everyone enjoys the park. They get unsolicited dog approaches . Some people are afra id of dogs . Some kid s are little and gel knocked down . Elderly can get knocked over and brea k a leg . This also does not make it safe for the dog owne r. They can be sued for such action . So what makes a safe dog park ... fencing . What mak es a park so that when dogs are runn ing for everyone to use ... fenc ing , I und erstand that dogs and the dog owners need a place to go where they can run their dogs, but it needs to be done properl y. The City of Englewood already put in one dog park . We led an off-leash dog park task force . Se veral people spent several hours to get it done and get ii done righ t. For the City the size of Englewood , wh y do we need mo re th an one dog park and in the event that we do need more than one dog park , could we do ii right and get another park tha t has the space pre-fenced or perhaps lsn 'I be ing used wid el) ~y children and sports? I am not here to tell you that dogs don 't need a place to run but I am here to te ll you that any time that somebody wants to human ize an an imal by calling it a fur child , they are still an imals walking on four legs with fur . Our children and 01.1 r ci tizens here in the City of Englewood are the people that need to be pleased . And I have heard several cries coming to me to help get these dogs back on leash at Jason . Why <lo they feel they need to come to me ? I don 't sit on City Council . t'm not the Mayor of the City of Englewood . They should be able to go to you and give you th e same arguments that I have just given you today . AAnd I am not arguing aga in . I am just stating facts l~at in order to do th is right aga in, we need a fen ced area . It 9i~s t doesn 't mix for everyone to enjoy the park when dogs are giv ing you un so lici ted approaches . It is again , no t safe for the dogs They walk out Into the park ing lot. They approach cars . This puts the driver at risk fo r hitting an a,lma l that I am sure that th ey woul dn 't want to do . Th is puts the dog owner at ris k fo r losing a dog and /or Englewood City Council August 17 , 2009 Page 6 be ing sued fo r, again . an unsolicited approach . It destroys the cars as dogs jump on the cars in park ing lots to see if '° ,-!~v friend is in the car tha l someone is pull ing up ln ... aga 1n safety. I thin k we need to keep on focus , no t decid ing if revenue is part of having pe ople come in and let the ir dogs run free . Thank you . Mayor Woodward sa id than k you . (d) Robert J. Corry , Jr .. a Denve r attorney , sa id my webs ite Is www .robcorry .co m. I am an attorn ey at law , licensed to practic e in Colorado . I am here to speak on you r second reading of the moratorium for med ica l marijuana growi ng an d dispensing in the City of En glewood I am here to oppose it for a number of reasons and I will try to be brief and please stop me if I go over my limit, Mr . Mayor . The reason that I am opposing it is because the·e are peop le currentl y in need in Colorado of medical marijuana . It would be a bad idea for the City of Englewooct to essent ially remove its elf from the growing , no pun intended , growing and developing economy that we have he re in the State of Colorado . Certainly there are rea so nable people on both sides of the med ical marijuana de ,,ate. We had that debate in 2000 when the voters of the State of Colorado voted ~verwhelm ingly to legal ize marijuana fo r medical use . Th is was back in 2000 . For many years . th is program was at a very sm all level preceded in its infancy . There were very few bus ine sses . Very few people dispensing marijuana an d charg ing sales ta x for it. Now . 9 years later. the bus iness is growin g up . My cli ents are putting on suit, .. -sd ti es ; they are hiring attorneys ; they are pay in g sales taxes ; they are reg istering with tt.e State ; they are payi :c) ,heir incom e taxes at both the State and Federal leve l; and they are legitimatizing them .;elves . We understa nd and acknowledge that marijuan a has a complicated cultural history in America . The re is no doubt about it. For the vast majority of our country's history , marijuana was lega l. Fo r the past few decades . it has been illegal. That is changing . It is changing for the better . People who are sick and dying and suffering find relief from med ica l ma rij uana . Med ical marij uana is go ing to be distri buted . It is goi ng to be grown . It is go ing to be done so throughout Colorado . It may be occurring in Englewood although I am not aware of any currently right now in the City of Englewood . But what your moratorium would do is. basically , the City of Englewood would be walking • away from hundreds of thousands , potentially millions or dollars of revenue from these businesses . Let me give • you an idea of the numbers . The average dispensary probably serves 10 or so customers a day . An ounce or marijuana costs $300 .00 or more currently , under current prices . These are very raw estimates from me based on tal king to my cl ients . So . c o the math The City of Eng lewood could be walk ing away from a lot of tax dollars for the ne xt six months and this Is a crit.,:.il si x months in the development or these busin es ses . We have had a couple of major occurren ces tha t have ca u$i,d th ese bus inesses tv start to grow at a hig her rate . One of those was Jul y 20~, the Board of Health had a hearing and decided to ,eject limit•ii::ns on pa tients per caregiver. A lot of people were waiting to get into the busi n.;<s to see how that hearing dev~ioped . That hearing came out in favor or the patients and th e caregivers . Th erefore . many other people went into tha t bus iness . So the next six months , I pred ict and I am pretty involved with this industry . I have represented ove r 100 clients and I've been doing it for 9 years and I also do a lot or criminal defense work and the prosecut ions on th is are decl ining , which is also caus ing more people to enter into this as a business In the next six months , yo u will see probably a hundred dispensaries open in the Denver metro area . at least. The numbe r of pat ie nts is increasing at an alarm ingly fast rate which is a good thin g becau se more and more peo ple are becom ing legal med ical mari juana patients us ing docto ~s re co mmendations to do so . And so what you are go ing to see Is, Denver will probably have a hundred . un incorporated Arapahoe County probabl y fifty and neighboring ci ties all aro und Englewood will have an increase in th is Now there is no evi dence that these bus inesse s are any less safe than bars that serve liquo r at nigh t. No ev id en ce that these businesses are any le ss safe tha n the Wa lgre ens pharmacy that has OxyContin , Pe rcocet and other hig hl y add ictive . very potent na rcotics beh ind its doors and those places do get robbed from time to time . As far as I kn ow. there has only been one robbery or a dispensary in Co lorado in 9 years or these be ing operated and that was In Boulder recentl y. So there is really no ev idence that these businesses , wh ich generally do no t operate at night and the pat ients are not med icating on the prem ises . The y are very confident ial . Th~y are very d1scree I by necessity because their custome rs . th e pat ie nts . want it that way . No evidence that these bus inesses are In an y wa y a threat to the health and safety of anybody whatsoever . Th ey are very peacefu l. They are very quiet. They are very discreet and it j ust would be unfortunate that the med ical marijuana patients who live and reside in Englewood , some of whom are disabled , confined to wheelcha irs and not very mobile , veterans who served thei r country who are suffering from severe injuries ... those residents . yo ur con sti tuents . will • be den ied a safe , conven ient method to ob tain the ir med icine fo r the next si x months . 1 he City will be den ied a sig nifican t tax revenu e from these bss inesses . Th ey will be operating all around your City , mos t likely . No other city, to my knowledge , in the me tro area ha s opted to adopt one of these moratoriums . II you adopt thi s morato rium on seco nd read ing . you will be dolng so for reaso ns tha t are not demonstrated by an y facts or Englewood City Council August 17 , 2009 Page 7 .evidence wh atsoeve r Iha ! there ,s an yt hing wrong with these bus inesses at al1 What I am here to do tonight and since I am going ove r, I want to offer my services free of charge to your City Attorney and your City to help you devise an y regulations tha t ma y address the concerns of the sponsors of this bill . I am happy to do so . I won 't bill you a penny for it so please contact me . I think you 've got my phone number , my website and everything and I wish I could sta y around for your debate on this bill but I've got two young daughters , ages 4 and I back home , so that is why I will not be here to see how you debate it. But thank you very much for listen ing to me . Mayor Woodward sa id thank you . (e ) Lauren Barrent ine , an Englewood res ident , sa id I have done someth ing that I am very, very proud of and I am now currently the Chai r for Englewood Citizens for Open Government , an organization that I am extremely proud of representing . One of the things that ECOG , that is for short , has provided , is an audio of all of the Counci l and Study Sessions for more than a year now and that is transparer,cy , that's openness , that 's history . that's records , that's important. One of the things that makes that important... history and background ... I am pretty sure Mayor Woodward and Jill Wilson are very keenly aware of ncently. I would like to ask you a question . Why did you not disclose to Martha and the citizens that were upset about Jason Park that you guys were not only founding members of Englewood Unleashed but wrongly take up citizen 's positions on the Parks and Rec Board and Code Enforcement? Why did you hide that from them? Council also needs to stop using John Moore as your historian as he rarely has his facts right. You have j ustified allowing thesa two people to take up citiz ens pos~ions on Boards because of me . The shining exar,ple of Lauren Barrentine and then all of a sudden , Ji ll Wilson decides to follow in my footsteps and Mayor Woodward . What you forget is , is ihat half way through my term , and I sat on the Englewood Liquor Licensing Authority because the City Attorney told me that legally I could . Half way through my term , I realized that was arrogant and wrong and it was a mistake and I corrected it. Follow in my footsteps and get off of those Boards and let the citizens have the spot on the Boards as they should . Woodward , for goodness sakes , just because it is hard to get on the Parks and Rec Board and A)ill Wilson , you stay on Code Enforcement because you shouldn 't be pun ished to get off an Advisory Council 9,ecause you got elected . It is absolutely ridiculous . One of the biggest mistakes I made is that I went to the City Attorney . A City Attorney is going to tell you guys , like he did me for four years , wh ich you want to hear , wh at you can get away with . Attorneys are not the compass for mo ral and eth ical behav ior , It is no, th 11 adv,cn they gi ve . Stop making decisions based on what the City Attorney tells you that you can get away with . As a re o·Jlt or th is behav ior , you have people like Kim Love , Chair of Englewood Unleashed , organization that you two were founding members ct, an organ ization that has 60% of its members , according to what he told Channel 7, don 't even live in the City of Englewood . A man that brags that he can control our elections and threaten City Counci l cand id ates . Jilt , Jim , why does he brag he controls City Council? Why does he brag that he controls Parks and Rec? Why does he brag that he controls Code Enforcement? Maybe it's because he does . I think that both of you should recuse yourself from any vote on Jason Park and you should gel off the citizens Boards and allow the citizens to have a vo ice in Englewood instead of be ing afraid that you can 't control everything that is going on . Mayor Woodward said tha nk you . (f) Da v, Sc Mma l. an Englewood resident , sa id Council Members , Mr. Mayor , Lad ies and Gentlemen , I live about C' • block south of Jason Park . I have two sons : 2 year old Saxton , who is with my wife here , and my 4 year old . We frequen t Jaso n Park . We have been in the City of Englewood for more than 10 years now and I would just come before you tonight and like so many who have sa id before me, we need to be very cautious of the choices we are making about no leash considerations at Jason Park . I've been at the park as a father and as an uncle of more than 15 ch ild ren between the ages of 1 and 10 . When you get a bunch of small children th ere and you are trying to superv ise them , you have dogs there running all over the place , that constitutes a dangerous situat ion . I've been an educa\or in the State of Colorado for more than a quarter of a century now . I've worked in elementary schools , I've worked in high school s and presently I am at Aurora West College Preparatory Acad em y which is forrne~y West Middle School of Aurora . And one of the things that I have learned as an educator is that you don 't wait when children are involved for something untoward to happen , or ~ome disaster or mistake or attack to occur . You need to be proactive . And allow ing the no leash cons ideration .:;I Jason Park to move forward is not proactive . It is dangerous . It may take a child being attacked or mauled to get the City of Englewood Into the newspapers and on the tele visions with negative kinds of publicity , wh ich is qu ite unnecessary. There are sufficient opportunities for people with dogs to use the parks tha t are prov ided now, which are specifica ll y des igned for dogs . So aga in, we just ask you to consider that pro-activ ities is the attitude Englewood City Council August 17 , 2009 Page 8 we sho ul d ta ke towards Ja son Park and kee ping it fr ee of do gs, espe ci ally dogs 0 1! of leash and all ow it to be 'n• families for sma ll children , fo r the el derly and a safe env iro nmen t. Than k you. Ma yor Woodward sa id than k you . (g) Ki m Love, a Littl eton res ident, sa id good even ing Co un cil Members and Hono rabl e Ma yor. As you all know. I am Pres ide nt of Eng lew ood Un leashed and I wanted to ll•ank City Coun cil and wanted you all lo know th al we respect thal you moved the Jason and Centennial dog p>.rK issues lo lhe Park s and Rec Comm iss ion. Las t Thursda y we had th e op portu nity to liste n to and ,pea k to lhe Comm iss ion at the meeting at Jason Park on Thursda y even ing. And afte r much test imony, we h,,ard Tracy Jones say that the signed hours wou ld be an acc eptable wa y to co-e xi st. So after one of th e Comm iss ioners asked for further comments , I too k tha t opportun ity to say "Eureka ", we fina ll y have a comprom ise . It doesn 't appear that Ms . Griego heard what :,er own daughter said , especiall y abou t where the off -leash hou rs would be appl icable , and we we re loo king fo r a ,;,, , to co-e xist. As far as Counc il man Oak ley in th is concern , say ing co-ex ist, that is something that has been on a ~umper st icker for a decade . It is noth ing tha t he invented . He didn 't co in th al ph rase . So co-e xi st is all tha t we would lik e to do and try to find a fa ir compromise for people with pets that use the dog parks . The head of ou r Parks and Rec Commiss ion , Austin Gomes , did no t believe dogs should be off-leash because of the danger to the elderl y. Does that mean if a child fall s off the pla y set of a sw ing , that lhe swing se l should be removed from the playground ? I don '! thin k so . En glewood Unleashed has concerns , of course , fo r safety of the kids . That is one of the reasons tha t we want to co-e xi st and find a comp romise . And we th ink hours certain ly makes sense so that dog s aren 't around when the ch ildren are around , especially when the y are on the pl ayground or anywhere else In the park. So , we are always ... an d have been looking ... for a compromise . We do want to co-e xi st. Jill Wilson was an EU member from the very beg inning a few years ago . She has no longer been a member and we don 't feel that she should be because it certainly is a conflict of interest. There is no conflict here because , of course , she is a member of City Counc il and she is not a member of Englewood Unleashed . The numbers that I have Io la were acc urate . We did our interna l aud it. Our Past Pres ident and Membersh ip Chairman , Alice Hanna , did a • membersh ip survey and as of through last nigh!, we had slightly over 50 % !hat were Englewood res idents ... 50- po int something and we had 49 -po int some thing tha t wa s non -Englewood res idents , as far as our membership goes . So those are accurate numbers , so an y other numbers that you have heard are inaccurate . I was quoted on th e te levis ion ;,s 41 %, at thal ti me , were Englewood res idents and that was based on a few weeks ago when !hat interview was done . But afte r we looked al the membersh ip and we double chec ked the ir address with Eng lewood , we wanted to ma ke sure we had the righ t numbers . So , we th ink there is a way to co-e xist. It is really important that we all do and tha t we find a fa ir comprom ise for everybod y involved . Than k you for your time th is even ing . Ma yo r Woodwa rd sa id thank you . (h) Ale xia Gr iego sa t quietl y. Mayor Woodward sa id do yo u know yo ur address? Ms . Grie go did not. Mayor Wood ward asked did yo u have som et hing to tell us ton igh t. Ms . Griego sa id yes . Ma yo r Wood ward sa id wha t was it? Ms . Grie go sa id I don 't li ke the dog s j ump ing on us . Ma yor Wood ward said than k you for comi ng JP and tal king to us . Ms . Grieg o sa id ok ay. (i) Tracy Jone s, a Hig hlands Ranc h res ident , sa id hello Coun ci l, I wasn 't plann ing on com ing an d spea ki ng to day. I was j ust going to be here to su pport my Mom but obvious ly I can 't kee p my mouth cl osed. I just wan ted to jot dow n a few thing s that... Las t week whe n we we re at th e Parks an d Rec meet ing, there was a few pe opl e there wh o di dn 't ha ve an y child ren and the y mad e lhe comme nt lhal they pa y taxes for ou r kids to go to schoo l. We ll. the y pa y the ta xes and I am gratefu l tha t the y do pa y the ta xes bu t they pay the taxes because th e kids are go ing to grow up , the y are go ing to be the ones work ing al restau rants . they could be a pol ice office r, a fi reman , who knows , they may be sitting on City Coun cil one da y. Bu i !h ey are go ing to be a part of their future . They are going to be affecting them . Who knows ? Th ey ma y be ev en work ing in a nurs ing home tak ing care of them when they get olde r. Bu t that is wh y the y pa y t ,e schoo l ta xes and hopefull y they understand wh:• Unfortu •1ate ly , dogs , when the y grow up . the y jus t get old . Th ey are great co mpan ions bul lhe y are not go,ng lo • take care of you when you get tha t old . They are not go ing to be cha nging you r bedd ing or hel ping you aroun d th e hou se do ing yo ur house clean ing. Th e park needs to be safe , not just fo r ou r ch ildre n but also for the elderl y. Th e elderl y. I th ink. nee d more ... we ha ve been up here pri ma rily speaking abou t th e kids becau se I was fi rst here Englewood City Council August 17 , 2009 Page 9 .to speak on my kids behalf because I am worried about them . But listening to everyone else •puak and like with Emme ... the elderly . I feel bad ly fo r them because I kine of left them out and the y need ju st;_;, m.;ch safety as our kids do . So please . keep bot h of them in mind wnile you try and de cide on what to do ... what's best. And then . for ca r.tributing to Englewood . I'm tired of the jabs . the personal jabs to my mother especiall y bu t. and with the Englewood Unle ashed tryi ng to make j abs al everyone else . calling us dog haters er anti-dog Is wn at they called us We are not ant i-dogs . We love dogs . But I contribute to Englewood , even though I don·t live In Englewood . I register my girls here in swim lessons . I personally pla y volleybal l here and I regis te red in so•:~ •1 ~ere for years . I am constantly here shopping and eating , more eating though than shoppin~. and we have t1 , ee llttlo mouths to feed over there . But I just wish that you gu ys can all come to a good under!,tand ing of why I am still here and wanting the parks to be safe . I just th ink it is disturbing that a lot of the Eng .ewood res idents that live rig ht around Jason Park refuse to go to the park because of the dog issue s. It is pretty sad when you can 't us e your ne ighborhood park that you have to drive , even if you have lo drive to Bellev iew Park ... thal is st ill pretty shabby tha t you can 't use your ne ighborhood park because of the dogs . Remember that Jason Is not a dog park . It's an off-leash priv ileg e park . Th is is meant for the surrounding neighbors for Jason to let the ir dogs off-leash when they were ou t walking their dogs but unfortunately , word got out that it is a dog park and it is not. So I Ju st want to make tha t clear to Englewood Unleas hed and other people who don 't understand that it is a kids ' park with off- leash privileges tha t need to be revoked . I am sorry but I have to address th is because I know what his whole plan is , is to try to pin my mother and I aga inst each other on what we agree with . Me and my Mom , w• don 't agree on eve rything all of the time because we are mother and daughter. that is what happens . But I was here to speak fo r the ki ds . tha t my kids aren 't going to be at the park at 8 o'clock in the morn ing . I am lucky to get them read y by 8 o'clock in th e morning and tha t is why I sa id the time schedule is good . I bel ieve that 8:30 to 8:30 is a good time schedule just because the elderly do wake up really early and they lik e to walk around the park before the sun gets too hot in the summer. I'm still okay with the ti me schedule but I don 't think we should have to be forced to li ve wit h the dogs between those times and I th ink on the weekends there should be no dogs al the park because it is constantly busy , whether it is registered sports or ju st people out there playi ng . The dangers on the .. wings ... we understand the dangers on the swings . We undert-.tand the dangers in our(')wn back yard that kids are going to climb . kids are going to fall . We understand those th ings and that is why we are there to supervise them on the equ ipment That is our resoonsibility if the kid wa.s to fall . Now If there l".•s glass on the playground or broken equipment, then it is Englewood 's respons ibi!ity to take care of that. Bu i we shouldn 't have to take responsib il ity and be aware and watch out for our kids because someone wants to let their dog run loose and run around . That is not our responsibility . It is the owner's respons ibil ity and unfortunately , they 're not. They 're not responsible ... not all , bu t most. For the members that have signed , he sa id that I tllink there is 50 % of members of Englewood Unleashed that are Englewood residents , I was just wondering if he can tell us how many actually signed the pet ition that are Englewood members ... or Englewood residents , not necessa rily who is on their membership . if they are Englewood or not Englewood res idents . Thank you for your time . Mayo r Woodward said than k you . G) Etta Wilkinson , an Englewood resident. said good evening . I found it very disturbing last time we were here when a Counci l Member turned the ir back to a young honor roll student that presented a video to the panel regard ing dogs . I fel t like this representative turned her back on th e young lady , the issue . as well as me . And the people out there that feel in fear and fee l the same is coming if noth ing is done . Someone is going to get bit if yo u don 't do something abou t it. My grandson Is 4 years old. He is in the Englewood Activities magazine , fo r this fall righ t now. as the preschoo l poster child . He has been going to Engl ewood Rec Cent er schools , all the sports programs . was very active and I would li ke him to k>ok the same . not get bi t... someth ing done after the fact and I wi ll tel l you why , right now . As well as I have a dev elop mentall y dis abled person that is afra id of loose dogs . Key words . loose dogs . To the po int where Swed ish Ho spital becomes part of ou r rout ine for high blood pressure . He Is autistic. He is 57 years old and he is my responsibil ity and I take my job very ser iously . I take excellent care of him . And that is just the beginning . After that , we come into rock ing lo ca lm him back down . letting him know he is safe ; he 's okay , reassuring him. I don't mind doing my jo b. I love my job. But , t do min d when we are distracted from the goa ls for loose dogs or to turn over loose dogs . You can see the pa rk from my front porch . We have to go around the other way because he is scared . He Is 57 years old . He votes . He has .ights . He pays taxes . I am his voice and I want to be loud . I want him heard . because he doe sn't have the capability. He lea ns on me and I lean on you . It 's not fair . He should be able to go to the park and not sit on the front porch looking at the swings . wishing he could be there . He is afra id . Come on . Dogs belong on a leash . There are days you go by that park and it is a dog park. We moved there so that we could enjoy it. not be afraid Englewood City Council August 17 , 2009 Page 10 of It. It just frea ks me out. I can 't bel ieve that we have to walk awa y from a place that was made to go to . Give me a break . You work for us . Listen to the people . Put them on a le ash . There 's co-exist ing . I have a dog and nobody in my ne ig hborhood even knows it. That is all I ha ve . Mayor Woodward s~id thank yo,;. Mayor Woodward said that completes o:ir signup for unschedu led vi sitors . If there are others who would lik e to speak , they will have the opportun ity at I.he end of the meet ing. So we will proceed with our Agenda at th is time . Continued to prio r to General Discuss ion (Age nda Item #1 2) 8. Communications, Proclamations and Appointments (a) A proclamation declaring the City of En gl ewood 's commitment to partner ing with the U.S. Census Bureau to help ensure a full and accurate count in 2010 was considered . COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE THE PROCLAMATION DECLARING THE CITY OF ENGLEWOOD'S COMMITMENT TO PARTNERING WITH THE U.S. CENSUS BUREAU TO HELP ENSURE A FULL AND ACCURATE COUNT IN 2010. Mayor Woodward asked if there were any comments . Mayor Woodward said I just want to mention a few thing s from the procl am ation for the record and tha t Is an accurate censu s count Is vital to our community and resident's wellbeing by help ing planners determ ine where to locate school s, da ycare centers , roads and public transportation , hospitals and other facilities in achieving an accurate complete count of the nat io ns ' grow in g and chang in g population . More than three hundred million dollars per year in Federal and State fund ing is allocated to states and communities based in part c.1 census data and the in format ion collected by the census is confidential and protected by law . Mayo r Woodward asked if there were any other comments . There were none . Vote results : Motion carried . Ayes : Council Membe rs Penn , Mccasli n, Moore , Woodward . Jefferson , Wilson , Oakle y Nays : None Mayor Woodward sa id not seeing anyone here to accep t this proclamation : we will see that the y rece iv e it. (b) A pror.lamation declaring September as Nat ion al Alcohol and Drug Addiction Recove ry Month . COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE PROCLAr.iATION DECLARING SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH . Mayor Woodward asked if there were an y comments . There were none . Motion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Na ys : None Mayor Woodward sa id not see ing anyone here to accept this procl amation ; we will see tha t th ey rece ive it. 9 Cons•nt Agenda • • • Englewood City Council August 17, 2009 Page 11 • (a ) Approva l of Ordinances on First Read ing There were no additional Items submitted for approval on first reading . (See Agenda llem 11 ) COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and 9 (b (II). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 32 , SERIES OF 2009 (CO UNC IL BI LL r,;~ 33 , INTRODUCED BY COUNCIL MEMBEr, McCASLIN) AN OP.::llNANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE DENVER METRO AU TO THEFT TEAM BETWEEN THE PARTICIPATIN G LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD , COLORADO TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO AREA. (ii) ORDINANCE NO . 33 , SERIES OF 2009 (C OUNCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER PENN) AN ORDINANCE AUTHORIZING AN INTERGCNERNMENTAL AGRE::MENT RELATING TO THE ADAM WALSH TASK FORCE · COLORADO BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD , COLORADO WHICH FOCUSES ON THE IDEN TIFl:ATION , INVESTIGATION , LOCATIOM AND APPREHENSION c~ NON-COMPLIANT SEX OFFENDERS FOR POSSIBLE STATE OR FEDERAL PROSECUTIONS UI ::R THE AUTHORITY AND UMBRELLA OF THE HIGH • NTENSITY DRUG TRAFFICKING AREA , ,0 UGITIVE Lu-.;ATION AND APPREHENSION GROUP TASK ORCE . Vote reaulte : Mo tion carried . Ayes : Council Members Penn . Mccaslin, Moore, Woodward , Jefferson , Wilson , Oa kl ey Nays : None (c) Resolutions and Motions Thfre were no add itio nal resolutions or motions subm itted fo r approva l. (See Agenda Item 11) 10. Public Hearing Items No public hearing was scheduled before Council . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinan ce s on First Readin g (i) Director Gryglewicz pr~sented a recommendation from the Finance and Adm inistrative Serv ices Department to approve the proposed bill for an ord inance amend ing 4-4-4-7C of the Englewood Mun icipal Code , perta inin g lo lice nse for retailer and vendor fees . He said this item was discussed pretiy lully at the August 3~ Study Session . At that time , staff brought forward a proposal to reduce the vendor fee from .5 % of sales taxes collected to 0. Afte r Council discu ssed it , Council compromised and decided to reduce that ti.. .25% .:,nd that is what th is ordinance , if Coun cil approves . will go forward . I should say that on e of the reasons that we .:;id this is that I th ink that most people know that the City is deal ing with a very difficult budget. Th is will save abou t $48 ,000 .00 and those fu nds can be used lo pay for police, fire an d other services in the community . Mayor Woodward asked if there were any questions for Frank . Th ere were none . Englewood City Council August 17, 2009 Page 12 COUNCI L MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPIIOVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO . 36 . COUNCIL BILL NO . 36 , INT RODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE AMENDING ~-··1.1; 4, CHAPTER 4, SECTION 4, SUBSECTION 7 (C) OF THE ENGLEWOOD MUNICIPA L CODE 2000 , PE ·· AINING TO LICENSE FOR RETAILER AND VENDOR FEES . Mayor Woodward asked if there were any quer· ns . Council Member Jefferson said I stil l think that there is too much of an add itiona l burden on businesses with this . I know the average , with the average remittance , the difference would be a very small dollar figure and that is what we 're goino to miss . Mayor Woodward sa id I just have one commen t. I was reading the Littleto n Report. wh ich Is the ir City newspaper, and they have had something si,cn il ar, Theirs w~s also two and a half of the sales tax number and the change in their Code will now il",pose a $100 .00 lim it to th is ded 1•-:tion , effect ive August of 2009 . I would doubt too many peop le get to a $100.00 lim it and then go on . Mayor Woodward asked if there were any otoer comments . There were none . Vote results: Ayes : Nays : Motion carried . Council Members Pson , Mccaslin , Moore , Woodward . Jefferson , Wilson , Oakley None (b ) Approval of Ordinances on Second Read ing (i) Council Bill No . 35 authorizi ng an emergency bill for an ordinance establishing a temporary suspension or moratorium on the establishment of new med ical marijuana dispensing and growing uses for a ped~d of six months was considered . COUNCIL MEMBE R WILSON MOVED, AND COUNCIL MEMBER OAKLEY SECONDED , TO APPRO\E AGENDA ITEM 11 (b) (I)· ORDINANCE NO . 34 , SERIES OF 2009 . ORDINANCE NO . 34 , SERIES OF 2009 (COUNCIL BILL NO . 35 , INTRODUCED BY C.OUNCIL MEMBER WILSON ) AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORAR Y SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FOR A PERIOD OF SIX MONTHS . Mayor Woodward asked If there were any comments or discu ssion . • • Counc il Membe r Jefferson said yes . I guess just in response to Mr. Corry 's comment. I know he is oppose d to the moratorium citing no ev idence of safety issues comparing the m to ... l'm sorry ... sa yi ng that they don 't have the same safety Is sues as pe rh aps bars and whatnot due among ... tha t we allow along Broadway . I know that we have some sort of pu sh back from the community as far as locatin g them in our retail areas near neighborhoods and I am we ••ring, you know , if we could just have a littl e discussion about it? Is the purpose of this really to get these P and Z things in place ? Are we concerned about th e zo ning issues? Are we concerned about the safety issues ? What are ou r concerns , I guess generally? I guess I would ju st like to sort of smoke out a little bit • and .... (There were comments and lau ghter.) I guess I would just like to get to sort of the heart of our issue here with med ica l marij uana dispensaries . He made some comments about th e in dustry itsell and the revenue possib ilities . And I generally agree , ii is an expanding bus iness . There are revenues to be had there , you know Englewood City Council August 17 , 2009 Page \J • wit h our licens •,1g . wilt , our ta x collect,ons ... both good revenue sources . I th ink . In th e next six months , I can 't see a ~·ain in a gigantic nurnber . We alread y have a couple operating here so I don 't see that as a huge effect over the next six months . But I guess . this is more posing as a question . is what type of issues do we need to · ·"sfy before we are read y to have them here ? Council Member Wilson said I think zoning is key . And I also think we are still providing some place s for r~sidents lo go who have a need . Council Member Jefferson said because we have at least one , maybe two , in our City now . Ms , Wilson said yeah . So , they were here before them , so it is not like we don 't have any . They won 't have to go far , but I think we need to look at it because it is so new . And there are many other cities . I was just talk ing to a residen t who went to Silverthorne and the y are wrestling with the same thing . So I th ink , you know . it 's important from what the citizens I've talked to , you know , do we want them close to schools , do we want them ... I need to really take a good look before you will j ump and let it go . So now that we have some , but to look and see , you know , for me . Council Member Jefferson said I appreciate those comments . Council Membe r Mccasl in sa id I guess , we said six months but it could be a shorter amount of time ? Council Member Jefferson said WP.II , then I asked that question lat' time , you remember , and I got a respons e from Da n saying tha t even a six month window . redo ing all that P and Z stuff , six months is a pretty tight window with in itself. So . that six months is probabl y going to hold up . Mayor Woodward said it is a matter of prioritizi ng things tha t we hav e going on , that we have as ked P and Z to do so . Mr. Jefferson sa id sure . Council Member McCasli . · sa id I mean , I would like to see ii in here a lol quic ker myself but I mean .... A,Council Member Jefferson said agreed . And so again I guess my thought is if it Is from a P and Z stand and from 9a zon ing stand point , we don't want to allow ii on Broadwa y, maybe ii is appropriate for industrial spaces . I don 't know . I mean is that something we need to go lo P and Z? Mayor Woodward sa id I thin k there are things that need lo go le .> and Z if, like a bar liquor license as a similarity , and schools or similar to lha l... there's 500 feet , I believe , someth ing like that from schools . That was one of a citizen concern/complaint that I had although there was noth ing , ,,o schools close but it was too close to them . As far as the need goes , I believe there were two sales licenses at the very last meeting and Frank is ... Frank isn't here . I th i.1k there may be three now , I don 't know , but there were al least two al lhal time . And when we are tal ki ng about a community the size of Englewood , you know, if one dog park is enough , two ma ri juana places are certainly enough . Council Member Jefferson sa id ~•r they do del iver . Mr. Woodward said well I don 't know anything about that but okay . Council Me mber Penn said I have lh e same question and I know we would be pushing it lo gel it under si x mont hs and I ~.,e ss I am just wondering , how much more clarification we are going lo gel when we do send it lo P and Z? An d t o the y really goin g lo come back with some differen t stuff other than what we already know ? Ma yor Woo, ~rd said well and I was also going to add lhal there are two cities that I'm aware of that are looking al it. which a.~ Com me rce City and Bre cke nridge . Council Member Pe nn said they are looking at a moratorium ? Mr . Woodward said no, they are looking at ii through P and Z issues . I don't know about a mora\orium bu t I .. Couacil Mem ber Oakley said P and Z issues are certainly foremost with me and the very thing , that it has co me on so fast, that I need to get a better handle on ii as to why all of a sudden ii is coming on thi s fast. Thal is one of t,1e reasons that I asked for more informat io n on it. And I would agree , if there are three ... and I thought I heard a ligure of four permits that were going to be grandfathered that , that ce rta inly would serve the medical needs fo r si x months ... no l place a hardship . A.r..,ayor Woodward said I he~rd four too all hough th ere were onl y two sales ta x licenses al that lim e lhal had been W'pulled . And the gentleman , one of th e owners, did not seem in clined lo inform his com petitors . Englewood City Council August 17 , 2009 Page 14 Counc il Member Jefferson sa id I th ink he was a little confused aboul Englewood city bou ndar ie s be cause the gentleman who owns the 0ther dispensa ry was describing another one so ma ybe he meant Littleton or other mun ici palities . So that is where tha t oth er hig her number sort of came out of. Ma yor Woodward sa id and as far as the re venue goes , you know , we are all in need of revenue . but to me . the majority of, I mean th is isn 't go ing to pul l us out of the shons that we experience as a City and cena inly , aga in I st ill feel like that right no w, two Is enough until Pana Zand there has been more in fonmat ion . I mean the infonmation that we rece ived in our packet last time , I know there is more . Ma yor Woodward as ked if there were an y other comments . Counc il Member Jefferson sa id I guess my question is also on the P and Z si de. So what are the other things that are tak ing higher pr iorit y over th is issue? I would love to be able to get th is window smaller but I don 't know if tha t is possible . City Attorney Brotzman sai d th is is their highes t priority , Mayor Woodward sa id and when ii is an emergenc~. it's firs t. Attorney Brotzman sa id they are go ing to actually have a Pub lic Hearing and then ge t it ba ck to you . The calendar that Tricia put togethe r, with publica ti ons and meetings dates , si x months is the shortes t she can come to you . Coun cil Member Jefferson sa id alright , I just wanted to be reassured on tha t Thank you , Council Member Mccaslin said I feel that way too . I mean I would like to see sooner but , you know, I kn ow how the process ope rates . Mayo r Woodward sa id for me ... schools , par ks and those types of th ings could be an iss ue , • Counci l Member Oakle y said I think that wa iting six months wil l give us a better idea of understanding why th is • has ki nd of exploded the way it has . Time will tell us that. Ma yor Woodward sa id certa inly in the med 'ca l areas , Swedish , Cra ig. I would th ink certa inly appropriate , You kno w somebody coming out of chemo , thi s is an a~propriate location , I would 'h ink. Ma yor Woodward asked if there were any other comments or discussion . There were none . Vote results : Motion carried . Ayes : Couocil Members Penn , Mccas li n, Moore , Woodwa rd, Jefferson , Wilson , Oak ley Nays : None (c) Reso lutions and Motions (i ) Dire ctor Eaton presented a recom mend ation from the Human Resources Department to adopt a reso lut ion approving a Memorandum of Unders tan di ng amend ing th e Collective Bargain ing Agreemenl between th e Englewood Firefighters Associatio n and the Ci ty of Englewood for 2009-2011. ;,he sa id we are ... l am here ton ight lo recomm~nd you r app rova l of th e MOU between the City and the EFF A (E'ng lewood Firefigh ters Assoc iation ). As you know , we ha ve asked ... the City has asked the EFFA lo foreg o the sa 'ary increases desc ri bed in th eir contract for the 2010 and the Un ion has agreed to our request. No adj ustments to the ir wages will be made on January 1, 2010. Any wage Increases applied to the ir 2009 wages in 2010 will onl y occur afte r looking at re ven ues on July of 2010 and if they do meet or exceed those from the same period in 2008 , the increases tha t are derived from our salary suivey th is coming fall will be applied to the ir salaries . Olher e:ements of the MOU are that the City intends to do their best to ma intain cu rrent Fire Department staffing and no bonuses will be awarded to Department Directors or the City Manage r unl ess the sales ta x revenues I menl ioned earl ier • are me t. Ma yor Woodward asked if lt''?re were any qu es tions fo r Sue . Th ere were none . Englewood City Counr.11 Augu st 17 , 200::, Page 15 • COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL Ml:MBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 66, SERIES OF 2009 . RESOLUTION NO . 66, SERIES OF 2009 A RESOLUTION AUTHORIZ ING A MEM ORANDUM OF UNDERSTANDING WHICH AMEN DS THE COLLECTIVE BARGAINING AGREEMENT BETWEEN TH E ENGLEWOOD FIREFIGHTER S LOCAL NO . 1736 AND THE CITY OF ~NGLEWOOD FOR THE YEARS 2009 , 2010 AN D 2011 . Mayor Woodward as keo if there wa s an y discuss ion . Council Member Oa . .aid yes , I would like to state that even though th is is addressing the Englewood Fire Department. the Poli ce Oepar ment and th e Emplo yees Associat ion mad e si mi lar concess io ns and I appreciate all three organ izations do ing th is. Mayor Wood wa rd as ke :i 1f 1herp were any other comments . Counc il Member Moore said I would also like to th an k all of the emp loyees for helping us in thes e difficult budget limes . The Study Sess ion ton ig ht was certainl y another rem inder of how much is in fron t of us and the employees have reall y ... it Is just greatly ap prec iated , that the y have all siepped up and mad e this ea sier and we will certain ly do the best we can on our part. I apprec iate it. Counc il Member Mccasl in said I seco nd it. "'1ayor Woodward said I would like to echo John and Wayne that the City employees ha ve really come forwar d Aagain and are sharing the pain with everybod y else , I th ink , and in some instances no t necessaril y having to , so it Wis greatl y apprec iated and we have really dedicated emp lo yees . We know tha t and I think the citizens of Engle ·,vood know t'"'-at. Co unc il Member Wilson said I appreciate Sue ·s work and Mik e Flaherty 's work on this . You know . they worked really hard with everyone in all the different groups and union , so ttiank you . Mayer Woodward sa id if there are no furt he r comments , please vote . Vote results : Ayes : Counc il Members Penn . Mccasl in, ~oore , Woodwar, Jefferson . Wilson . Oakle y Nay s: None Motion carried . Direct0 r Eaton sa id thank you ve,y much . Counc il Member Oa ~le y said fo r th e record , I saio :,,e Employees Associa tio n and I should hav e sa id Non - Emergen cy Employees . (Iii Dire ctor Fonda pres ent ed a reco mm endation frora lhe Littleton /Englewood Wastewate r Treatme nt Plan t to approve , by mot ion , th e purchas e of on e new ten -y ard dump truck . Staff recommends awa rding the contract to Transwest Trucks in the amount of $99 ,740 , piggybacking on the City of Rifle 's contract. Mr. Fonda said we have ,een w~rk,ng with Pub lic Works on this and they have found , for not only for ou r trucks bu : for the other trucks. that if you go to a sta inless steel bod y you will increase the life of the vehicle from aoout 7 yea rs to 12 years which is a great paybac k cons idering it on ly costs about $15,000.00 more on an $85,000 .00 purchase to get the sta inless steel . So when you look at that . the y recommended and we are going with the .ecommendalion thal we purchase a stai nles s steel truc k that would cost $99,746 .00 . We are go ing wi th that re co mmendation des to the increa se d life. The eng ines will last that lo ng and so you have really gone wh ere you are only go ing to be re pla ci ng two ou t of three times Englewood City Council August 17 , 2009 Pag ~ 16 Mayor Woodwa rd asked if ther e 1f the re were an y questions . Council Membe r Wilson said is this somel1 ing lhal we need lo purch ase now'/ Directo r Fonda sa id yes , ii is lime to replace it. Counc il Memb er Wilson sa id how old is lhe truck lha l we are rep lac ing ? Mr. Tallent spok e from lhe aud ience saying 8 years. Director Fonda repealed ll years and sa id ii has passed its 7 yea r life . Director Fonda sa id it carries fa irly corros i•,e materials to the dump . It is the grit and stu ff that's removed at the headworks . Council Membe r Wilson said and so we are splitting lhis with Littleton? Director Fonda said yes . She said okay and so $99 ,746.00 is the total price , or ou · share? Director Fonda said that is the total price . She said okay . Mr . Fonda sa id and then we would probably gel S20 ,000 to $30,000 back when the old truck goes to auction . Ms . Wilson sa id okay , good to know . COUNCIL MEMBER OAKLEY MOVED, AND COUMCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (11)-A MOTION TO PURCHASE ONE NEW TEN -YARD DUMP TRUCK FROM TRANSWEST TRUCKS, INC . IN THE AMOUNT OF $99,746.00 . Mayor Woodward asked if there was any furthe r discussion . There was none . Vote results: Ayes : Nays : Motion carried . Coun r ;1 Members Penn , Mccaslin, Moore . Woodward , Jefferson , Wilson , Oakley None 7. Unscheduled Publ ic Comment continued (k) Matthew Crab.ree . an Englewood residen t. sa id everybody is gone at this poin t. II would have been better earl ier. I will make th is rea lly quick . Let's think about this for a second ; how much lime we are spend ing on this dog issue . I mean . my God , over the last six years , I think this has cc,m~ up how many limes and we 've invested how many resourc1Js in this? How many City resources to loo!< a·. bns issue? This is a hot button issue , there 's no doubt. I've heard all of you say ... Bob had menlione<' ,.,at there arc oth~r issues that he felt that were more important and surpri singly enough the c1og issue garnered more inte rest. ll's amazing but we need to come to a solution that is not going to come back two years from now . And it is my personal opinion that the solution al th is time isn 't going to cl o it. Other cities have leash laws and they operate just fine . Leash laws are to protect people who don 't have dogs , lo protect people in genera l. Honestly , unless you want this bac k before you guys again in a couple of :~ears . make a solution lhal Is go ing lo fix the probl em and not feel ii out. Lei 's put all of lhe dogs on leas h. Th·at's the eas iest solution right there . Boom . it's fixed . And lhe pe opl e that want the ir dogs off-leash . we ll . we actuall y do have a dog park. An actua l dog park tha t we have . It's Canine Corra l. We spen t a tremendous am ount of money with the water treatment system . We spent a tre men dous amount of mone y gett ing that park re ad y. And there are problems with it, I'm certa in. I've been down th ere . It 's dirty . It's dusty. There 's dirt al l ove •. I can understand , in a way , why people don 't want to use ij but let's fi x the problem with the dog park and stop afflicting unleashed dogs on th e people in the com munity aro und Jason Park and Centenn ial. Someth ing else tc keep in mind . I have no problem with ... in fact. I'm honored and 0bli ged as a member of the Englewood commun ity that people from Littleton and Highlands Ranch and Centennial and all those that like to use our parks. That's really great. We have fantastic parks here in the City of Englewood . Bu t keep one thing In mind . At the end of the day , people from Littleton , Centennial . Hig hlands Ranch , Denver; the y can leave these parks and go home . The people that live around these parks . that are having problems with • • these dogs , can 't leave . They 're slack rig ht there next door to th is ;:ark with dogs runn ing all over the place . • They can 't use the parks like the y used to. Just keep that in mind arid consider , just for a second , lik e what I sa id earl ier , cons ider for a se co nd , how many resource s the City has spe nt on dogs . I mean sure , a hot button issue , but let 's fix il Thank you . Englewo od City Council August 17 , 2009 Page 17 • Mayor Woodward sa id thank you . 12 . General Discussion (a) Mayo ~s Ch oice (i ) Ma yor Woodward said I would like to address Ms . Bartn ic k and some oi her comments abou t the powers o; the Mayo r. Th is is a Council-Manager type of go vernment. It is what 's called a weak Mayo r as opposed t~ a strc,o~ Ma yor, which wo uld be Mayo r Hickenloope r in De nver and that type of... I baliev,, that he is the only one in th e ~:ate or at lea st in the Metro area ... that form of govern men t. The duty of the Maror is to run the meet ings , oo t i 1 ceremonial dLi ties and that's it. And I certainly ca n't turnover a cou rt decision . City Attorn ey Brotzm a ,r t 1•j ected actuall y ... I'm sorry , Ou r Code actua lly does give the Mayor, since ihere was a conv icti on , m th is t"·: ) lJy jury , you actua lly have the power to overturn or pardon her find ing or sent~ncing . She hasn 't been sentencs c yet. Sentenc ing ,s set , I think , for Octo ber. Mayor Woodward sa id then I stan ~ corrected on that I was unaware of tha t. (ii) Mayor Woodward said I wou ld also like to addre ss Laurett . I haven 't been hiding or ... l haven't been hid ing anyth ing. I was not, have not heen, Has not a fou nd ing member of Englewood Unleashed . was on the dog task force wi1 Jill Wil son , with Ccunterman , and others and ii an yth ing , ! th ink Jill would sa y, I was probabl y ant i-off-leash as opposed to pro un-leashed . I don 't know where she gets her fa cts . She comes up with this stuff but I've never been a founding member of Engle wood Unleashed . Like I have sa id and been clear , I have talked to Martha on the phone . II was brough t up by Dorothy , I believe , at the last meeti ng or Emme , and I addres sed it in an emai l to them , and I po inted out at the Parks and Rec reation Commiss ion that I supported Englewood Unleashed by buying a br ick when Gan in• Corra l went in . It has a cat on it. I also was a member for two years . I do not own a dog and have not owned a dog in over 50 years . And I didn 't own it then . My family • did . So I don 't know where she gets th is information but it 's incorrect. Also as far as Parks and Recreation Commission , it is interesting to me that when I was initially appointed to Council , in 2004 , at the very firs t meeting that we had , we wen t over my appo intments and what boards and comm iss ions I was going to be on as Counci l liaison , At that t,me , I sat as a regular member on th ree commiss ions . I was the cha ir of the Urban Renewa l Authority . I sat on Keep Eng lewood Beautifu l an d I also sat on Parks and Recreation Comm ission, I was on Parks and Recreation Commiss ion as the fir st board ... I was very associated or ve ry involved and associated with yo ut h sports . I sa id I did not want to leave that. I would not be willing to leave that. That I would have to be run for election in 2G05 and I didn 't even koow if I would be runn ing far el ection in 2005 , in August of 2002 . As Ms , Barrent ine said , she was on the Liquor Licensing Board at that time , A quasi-jud ici al board , There is a dilference there I th ink. So I just deny what she has to say . As far as I'm concerned , it's unfounded and it'~ untrue . (Iii) Mayor Woodward sa id Tracy, in regard to the petiticns , your mother and I had ... you r mother had called me regard in g the percen ,ag e of peopl e in Eng lewood tha t had si gned bo th petitio ns , which I never did coun r ~nd figure ou t an exact percentage but I can tell you th at in just looking at them ... in just looking at them , I didn 't see much difference as more people in Englewo c<1 on yoc r petition or more people in Engle wood on Eng lewood \lnleashed 's petition . I sav 1 people from Brigh ton , Walsen ourg. I mean on both petitions , they were from all ovar the stat e I don 't even know where everybody went to get t ese , Parke r? Castle Rock ? It was amazing to me tha t there are names fr om everywhere , Th e i,nportant pa n was that on both petit ion s, th er• were names from th e neig hbo rhoods. It was very clear to see th e pet itions tha t came from Centenn ial Pa •k because those we re pe!itions that did n't have a lot of out at town , The y had Engle wood and they had addresses ,n Englewood . So if you have n't seen th ose , I'd certainly be willing to rl,are any of them wi th rou , Mayo r Woodward sa id tha t's all I ha ve . Th an k yo•·. (b ) Co un ci l Membe rs ' Choice • (i) Coun cil Member Penn : He said first of all I woul d like lo thank everybody for comi ng in again and sp eaki ng and le tti ng us kno w what is going on Englewood City Council August 17 , 2009 Page 18 2. He said I had a good time at Pirate 's Cove las t week , trying to honor the boards and comm iss ion members . I truly en jo y that. I would like to see more and more people enjoying in the festiv ities , a little bit. 3. He said lhis Saturday is Fun Fest down at Belleview Park . If you have a cnance , take your kids down there. it should be an exce ll ent time . 4. He said school is open so make sure when you 're drivi ng past all of the schools that you take care . Make sure that you watch for all of the youngsters walking around . 5. He sa id Englewood Days is still coming forward on August 29 and hopefully everybody will come and enjoy it. That's all . Than~. you Mayor. Mayor Woodward said thank you Randy . (ii) Council Membe r Mccas li n: 1. He sa id I have a couple of things . Since I am the liaison !or the Parks and Recreation , I j ust wanted to summarize , wh ich they did pretty eloquently ... 11 was an unanimous decision that shrubs and fencing were not the way to go for Jason Park . So that was kind of nix ed and not to be brough t up again , I guess . And the other one was the hours that the parks for the off-leash people . That is open for discuss ion . We asked Parks and Recreation to come back with a schedu le of activities during the weekend . I'm a viso al learner so I can see where if the hours were acceptable , what would be acceptable to the park , for us to co-exist. Those were the two major th ings that came out of the Park . We had a lot of testimony and again , a lot of information . So that will kind of summari ze what we do with that. Council Member Jeffersor, asked Bob , any discussion of potential relocations or anything of that nature . Council Member Mccaslin responded no , not brought up at that time . I don': recall. There was quite a few .. Mayor Woodward sa id there was the point brought up regarding Rotolo . Mr. Mccasl in said yes , you 're right , there was . Mr. Woodward sa id a number of the Task Force memtws that were there and Parks staff poi nted out that some at the criteria for an off-leash park was accessibility , AD A access which it does nut meet, and off street parking . Someone said the sloping area there ... we would probably have some senior go rolling down the hill . Plus there is not parking . It is surrounded by streets and that was something that, information that we had gathered in the Task Force , specifically was against where you just open the door and the dog runs out. That was not good and too close to the stree t. Council Member Jefferson sa id unable to have a park ing 1ot there . Mr. Woodwa;d said yes . Council Member Jefferson said building a lot, mak ing it ADA compliant , and w~atnot would be ... Mayor Woodward said the othe , thing that did come out , Bob , was that all of the parks that are off-leash , with the exception of Canine Corral, will be looked at indiv idually. Recognizing that there is different uses go ing on Jason Par k th an at Dunca n Pa rk, for example or Northwest Greenbelt , and different useo go ing on at Centenni, more similar to Jason . There may be different hours , hours were talked ab out from open until 9 or 1 o or something like that but then 7:30 or B until close during -the months of March through October , and th en , wh ich li\-dSn't as cle?r , was November to February which is winter time and obviously 110 one is picn icki ng , kids are in sch o , peo ple typically are not in the park play ing so maybe the hours are more lenient. So , we are looking for more research on that and hopefully vie will be able to address thal from the commun ity and from not all of the community , includ ing the off-leash people and the neighbors . And be able to address th is in September at a scheduled Study Session . Counc il Member Mccasl in said I didn 't want to go into the hours anyway . it was bro ught up and th en we discussed it so . I didn 't mean to bring it back up . Council Member Jefferson said thank you . I appreciate tha t. 2. He said the other th ing , you know , to address Mr . and Ms . Bartnick, I thin k that due process was • • allowed for them . They were given the opportun ity to comply with the issues io the grandfathering clause and when that didn't work out , then they wer.t to court and a jury of six peers tha t w~n1 selected by the court . Their • find ings were not in the ir fa vor so ; it is hard , you kn ow, it is a de ci sio n without ii,ifc.' :,in~ to go against those dec isions , espec ially with the information tnat was gathered . Englewood City Council August 17 , 2009 Page 19 .3. He said the other thing I would like to bring up is since I am also on Keep Englewood Beautifu l, I would like to tal k a little bit about the litter index . Each year the comm issioners on KEB . in order to be affiliated with Keep America Beaut if ul . we have to do a li tte r index and we do it once a year. And this year's litte r ind ex was done on June 24' by Commiss ioner Gary Nordlande r and Jimm y Pinzenscham , I can 't pronounce his las t name so I'm not even going to try . But the findings were ve ry , very fa vorable . In fact. the overall sco re issued was a 1.30, wh ich is an improve ment from last years 1 .34 . And j ust to give you a little summary of what was written up. It says·" We were impressed wit h th e cleanliness of the subject areas in the Englewood neighborhoods . Good job Englewood . We were especially impressed with the lack of graffiti . Good job Code Enforcement graffiti team . It seems that the high traffic areas : Hampden , Santa Fe and Broadway, had the largest amounts of any continuous slightly littered areas . We should still be proud of our citizens , Publ ic Wo rk s and our business people who have put energ y into cleaning ou r City . Let's keep it up ." Th is was done by citizen s, as yourselves , you know I have no interes t in it an d in fac t, they probably went out th inking , oh , I am going to na il Englewood and it is very impressive tha t thi s is the reco nd year in a row that the litter ind ex is go ing down . So . I wo uld like to than k the people of Englewood for doing a good job. Mayor Woodward sa id than k you Bob . (iii) Council Member Moore : 1. He sa id yes . your honor . I would like to address Council. So I got critic ized ton igh t fo r be ing Counc il's historian . This citizen will be happy to know that that problem will rectify itself In two to three months and I promise that when my time is done , I will not come and give more history lessons from the podium with a loud vo ice and in correct fa cts . So . but. I've got two or three months to play . 2. He sa id I missed the Stud y Sess ion last wee k so I wasn 't here with respect to the sign code and the • itizen that ended up presenting all his concerns . I would like to take a moment to address that sign code issue nd more so Council 's policies for Stud y Sess ions . Study Sess ions are publ ic but that they are for Councils benefit. for our educa,ion on various topics . We have a written Counc il Policy manual that says , "Material and new information mus t be rece iv ed before Stud y Sess io n to allow discuss ion in an educated fashion . The po licy goes on to say , requests for infomnation or acting to a citizen 's con"em must go through the City Managers Office . So recogn izi ng the purpose of Stud y Sessions and these policies , , -ounc il's practice has been that we do not allow members of the aud ience a forum at Study Sess ion . We ha•·· .1 specifi c pc1ion of th is regular session for that purpose and it is a far more appropriate fo r citizens to register the ir concerns . So during Study Sess ion guests are only invited by the Mayor with respect to scheduled agenda top ics . So accord ingly at our last Study Sess ion . the citizen who wanted to address the sign code matte r should have bee n deferred to this regular sessio n. Our poli ci es and procedures are set up so that we do not have 10 be put in a pos ition to address top ics lik e tha t without background . I don 't thin k an y of you should have been forced into ... been forced on that issue . and I am sorry that I wasn 't there to re info rce the ex istence and values of Council's policies . Now on the sign code matte r itse lf: Commun ity De ve lopmen t was enforci ng the ru les that were establi shed by prior Co uncils throug h the legisla tive process and should continue to do enforcemen t. It ls their respons ibili ty to uphold the la ws that ha ve been passed . If there is a need for our laws to be updated , we don 't do it by break ing the laws . You work throu gh tha t leg islative process . So with respect to thr sign code issu e, Community Development ha s alread y scheouled to do a co mp re hens ive rev iew of the sign code . They do have th is, as we talked about tonight , the med ici na l ma rij uana issue and ha rd surface boa t sto rage standards that are scheduled first but certa inly from my perspe ctive , the y shoul d cont inue the enforcement until any changes have been able to go throug h that process . Mr. Schal k's comments tonight were great. I agree with many of them and his inpu t and othe r input is welcome . I hope they bring that insight when the subject goes before ACE and Plann ing and Zoning an d an y necessary updates or changes can work through the proper process . So kin d of boi li ng down to the memo Alan had in our pac ket. I th ink , from my perspective , Opt ion One is wnat we continue with , wh ich is continue to enforce our laws and re cog nize ... again , we are already scheduled to do a co mprehensive rev iew of our sign codes . We will be open to upda ti ng them when he works throu gh that process . That 's all I had your honor. e,ounc il Membe r Jefferson said do we want to maybe discuss som e of the sign code issues now , I'm going to brin g som e of those up , or do yo u want to disc uss that now or do you want to wait for my turn ? Englewood City Council August 17, 2009 Page 20 Council Member Moore said I would say lo go ahead . Mayor Woodward sa id le t's go ahead . Joe , did you have something? Council Member Jefferson said I think what I heard out of John Is a couple of things . One is that we do want Planning and Zoning as well as ACE lo review the sign code . Correct? Okay an d I am all for tha t as well , You know , I think tha t given some of the push bac k we have seen from our business community on this issue , I would be for stopping enforcement currently . I am just try ing lo dec ide of these menu items which it was . Sorry , I didn 't have a chance to loo k at the memo as well , so certainly looking at It here ... that is 5, correct ? ·suspend the enforcement.· Th is could be done for a specified pe riod of ti me . Yes , number 5 plus sending it 10 ACE and P and z. I do th ink tha t having ACE 's input is critical to getting somethin g that the bus inesses will be happy with and that the enforcement folks can be happy with as well. Mayor Woodward said it's the portable signs that are someth in g that concerns me . Council Member Jefferson said you mean the sandwich board s kind of th ing? Mayo r Woodward continued sandwich board , something like that in the right-of-way , ADA, it becomes an issue . Council Membe r JeffArson said ADA says you need four feet on the sid ewal k there , that may or may not, I'm not sure . Mayor Woodward said well , we know on , I th ink , at least in areas in the City where we allowed th is to happen , we could do that. But you know , I think it is a community issue . I disagree with Steve to some degree . Yes , businesses bri ng in sales tax . Who are th P ne ople that are the patrons of these bus inesses? They are , for the most part, the citizens of Englewood . If th e, ,ted , most bus inesses I think would go to another location . So , I th ink , it starts becoming a commun ity value ~,,a what do you want , for example , Broadwa y to look like? I hadn 't realized but I did go by a couple of these locations and it was like ... l was pretty amazed to see , you know , al l • these banners or signs up on the fence and sandwich boards and stuff like this all at one locatio n. It was like , • whoa! Th is !s 100 much . Council Member Jefferson said I was j ust go ing to say , in my mind in man y ways , allowing banners shows of activity , econom ic activity and so , generally , from esthe tic standpo int, I am generally okay with most of what I saw and perhaps . you know , that is just kind of a difference of opini on . But, my bigger issue , I guess , Is just tha t there is a general percept ion in the bus iness community , particularly on Broadway, that we are not cooperative panners with them. And so , regardless of whether that's ... I'm sure that some of us have different views on that. however , that It•• is the perceptio n they have . I can assure you . And so , let's , you know, at least, try to work with them to get something that is manageable for all the parties involved . Because we are all stakeholders in th is community ... the businesses are as well as the citi zens a11d they benefit them . They really are on the same page as far as , you know , when the y make more money , citizens have more money for bette r services . And so , th at Is my bigger issue and you know . I don 't think th at... if we decide , if ACE decides with some stakeho lder buy in from the businesses say ing , hey we don 't want these banners lik e th is , then that is grea t. You know what I mean , we all get some agreement there . But in the general scheme of th ings . I don 't thi nk enforcing these couple of violations , In the general scheme of th ing s, is go ing to benefit our community that muc h. In fact, I think it wil l pro~ably do more harm than good by aliena ting some of our partners in ou r commun ity . Tha t is my Like on it Council Member Wilson said I would just like to say, I disagree with th e fact that you th ink that the business owners 01 bu si nesses don 't th ink we co operate. I think BID has a totally different take on that. '.:ouncil Membe r Jefierson said that's nice to hear . She sa id well I mean , you know , I work with that Board and they do feel like a real partnership and they understand that there is a process to go through tilings . So I don 't get that feedba ck and they don 't always like the process and fi nd it difficult, but when all is sa id and done a: the end of the da y, we ha ve li stened to them . So , the othe r thing is I did see something that I hadn 't seen before and that was a car parked in front of a bus in ess with a sign on top of the car. Council Member Jefferson said that wasn 't in the memo . Counc il Member Wilson continued saying so , I mean , you know , obviousl y the codes are set up for a reason because of the people who take ii to extremes . And I think , that becomes the issue ... laws are written • because peopl e brea k them , and so we know what is th e right and wrong . But I do agree that I think , you know , meeting with ACE or having ACE meet and tal k about their feelings on this and what they would like to see happen would be a good iC:ea and I can certainly bring it up to BID and see what their feedback is . Englewood City Council Augu st 17 , 2009 Page 21 • Coun cil Member Jefferson said fantashc , so I guess it really just comes down lo, you know , probabl y on this enforce men t issue , with hearing John and Jill both say that P and Zand ACE would be appropriate places for th is issue in the future , does an ybody disagree with tha t? Ms . Wilson said and BID . Mayor Woodward said I think BID too . I th ink BID is a good business feedback . Council Member Je fferson said I agree . Nobody has a problem agreeing with that so I think it just comes down :~ maybe more of this enforcement Issu e. And again I just th ink that , you know .. Council Member Mccaslin sa id can I as k a question about enforcement ? If w• say , okay you guy, , "''f got it now , we are not go ing to enforce it, bu t I see a banner and I say , hey I want to do the same thing , well do we allow them and do the y have to be approved? Where do we stop this snowball thing? And I see a po int as far as , you kn ow, I can see tha , I agree with John . I th ink Steve had a lot of good things to say . When I talk to him , you know , I want to bring back th ings that we can help with business community. I mean , that is our job . The ir bus iness . We do our thing to ma i<e a decision . But I th ink we 've got an ord inance , it is hard not just to say , well we are go ing to let you guys go but if these guys dn it. we might have to cite them . I mean , whe re do we sto p, where do we start? Council Member Jefferson said we wouldn 't be citing anybody on the banner issues for a couple of months unti l we were ab le to hash some of thes e issues out and then once we came with som et hing .. Counc il Member Mccaslin said so anybod y can pu t up any banne r they wa nt without an y aporova l and it is alrig ht? Ms . Wilson said and what about the one on the car? Counc il Member Mccaslin sa id see , that is where I have a problem . Acouncil Member Jefferson said well the car Is a little differen t, right? I mean I think tha t advert ising on a car. You Wean'! have a For Sa le car par ked on the street. Council Member Mcca sli n said that's just one ex amp le . Council Member Wilson sa id no , th is was a bus iness . Coun cil Member Jefferson said sure , sure but I'm saying that I th ink that Is probably a separate violation than just a regular banner on a building . This one , a partic ular issue on some of these was a sandwich board was one of them in particular and banners on fences was the other big Issue . Mayo r Woodward said yes banners on fe nce s but I don 't thini< the banners on buildings , and correct me if I'm wrong . Da n, the bann ers that are up ... rea l estate ones , are tempo rary signing ... Counci l Member Jefferson said the y fall into a different category? Mayor Woodward continued they are temporary sign age because they are that , but it is the signage that were on the ra ilin gs around seating areas snd stuff like that. Budweiser or wh ateve r. Council Member Jefferson said and I have no problem with those , honestly . You know , put up lots of signs . Tal k about your happy hours . I don 't know if you guys are all familiar with Moe 's and you know , they opened up the ir frontag e. You can see in the re . There is activity happening there . It is just fantast ic fo r all the surrounding businesses . And so , there is no safety iss ue th ere in my mind . These are rails . I mean the y are three feet oft the ground . There is no big is sue in my mind but I don 't know if maybe somebody else can point one or whatever but in my mind it is no big deal. So if, you know , 1f a cornpany wanted to put a couple more banners on fen ces unti l we can fi gure ou t exactly whal the appropriate line is, I'm okay with tha t, in response to that ques tion . Counc il Member Wilson said I think one of the issues too , is the economy , I mean , you know, an d I think tha t Is huge right now , tha t people are using those signs maybe to draw people in , I th ink that If business was really good , this wouldn 't, maybe , come forward but I can 't guarantee that. But I th ink , you know , so where do we draw the line with helping the businesses during these hard economic times wh ich shows tha t the ir sales ta xes are down , so how far do we go to alleviate that ha rdsh ip . I don 't, you know , I thin k that is the key issue right now. th ink it needs to go to P and Z, it needs to go to ACE , and it needs to go to BID and maybe BID can be done wit~in a month as far as li ke talking to them . .. ouncil Memb er Jefferson said it depends on how big of an are a ... if they are re v;;mp ing a whole sign code as we talked about it. Var ious Council Members made various comments . Mr . Jefferson said a whole sign code would be at leas t a six months ordeal for that. Englewood City Council August 17 , 2009 Page 22 Counci l Member Wilson said ye s. that is but I'm jus t... I don 't know. I mean , I hear you Joe . Council Member Jefferson said I guess all I'm saying is , you know , let's not enforce banners on fences right now , is all I'm suggesting , which is the bulk of th ese viol at ions . Mayor Woodw ard said that is item numbe r 3 add ing BID . Counc il Member Jefferson sa id 3 and 5, tha t is what I'm ask in g for. Like I said , I think we are all in agreement on 3 tha t it needs to go to P and Z, ACE and now BID . I guess what I'm talking about is directing staff to temporarily numbe r 5, dire cting staff to temporarily suspend the enforcement of this section . Counc il ~•mber Mccaslin sa id I do understand what you are saying Joe , but I don 't know where we stop it. I just don't know ... you don 't know what that creates , you don 't know anything . The y don 't have to approve it. They can p.•t an y banner up and to me . that you are j ust open ing a :an of worms . Council Member Wilson said well , are the banners that are up now, hove the y t,ee n approved ? Well ,obv iously not. Counci l Member Jefferson said some of them have come down. I think Steve said he took his down . Counci l Membe r Wilson said you took yours down ? Council Member Jefferso n said I didn 't have a viol ation . Mine is the tempo rary sort that we were talk ing abou t. City Attorney Brotzman sa id I think Alan can clarify but I believe there is a .. , The ;e is a perm it for tempora ry signage on bannecs . • Counc il Membe r Jefferson said I've got the language hore . It says short term advertising signs must be wall or • window signs that require a permit valid for two weeks and each business has a maximum of six signs per year . So I don 't know if that includes something like For Lease signs . I 'm assuming, it says short term advertising sig ns . I think that means Sidewalk Sale this Sunday or wha teve r it is ... spec ial events kind of th ing ... Happy Hour , you know . th is month or whatever it is . I'm assum ing that. That is my understanding of tha t. Council Member Wilson said bu t I guess too , on the other side with . I don 't want in any way that people loo k at th is so we did not enforce it ; that an y of our staf was wrong in what they ha ve done . But our staff has talked to di fferen t owners of the bus inesses who had banners and they were work ing totally within the gu idel ines that the y 11ere supposed to be . Counc il Member Jefferson said agreed . I saw the mem o an d yo u know tha t seems to ... Council Member Wilson said I do n't want in any wa y th is misconstrued , this conversation . Council Membe r Je fferson sa id agree , agree . I mean I didn't see anything ,n th e memo thal showed an y sort or inappropriate act ions ta ken by staff. I'l l just sa y that. Goun ci l Membe r Oakley said question Joe , if we know that th is is going to be com ing up and I assu me th ere will be some dec ision s made whether we sta1· the way we arc or if there are going to be changes made , is th is so importa nt that we need to suspend enfo,cement unti l a deci sion is mad e? Wh at if we decide to lea ve it the way it is now ? Cottn cil Membe r .Jefferson said if we do leave it the way it is now , obviously we have made some sort of deturm ination that , you know, it is in everybod y's best interest after hearing fr m all the stakehold ers including the bu si ness cwners , then you know , he y enforce away , you know what I mean but... I'm sorry, what was the first part of tnat quest ion ? Various Counc il Mem l "S made comments . Council Member Jefferson said , why is it so important? Council Membe r Oakle y sa :. .,1't we wait for it to pl ay through ? Mr. Jefferson said I gen erally agree . • Whe n th is issue first came forward , I rt , didn 't se e, you know , don 't get me wrong , I understand Jon was very upset but I guess I really didn't und ersta· i why he was so upset. In further conversations with Domin ique an d Steve and some other business owners in our area , probably some of the biggest investors in our community , you know they seemed to put a very hig h pri or ity on this is sue . Again , I don 't know that it is totall y reasonable , but Englewood City Council August 17 , 2009 Page 23 .they may have some sort of cumulat ive affect of do ing business in Eng lewood that their perception is such that , vnu know , wear'= not work ing or , the same team I guess 1s how I will say it, you know what I mean ? And that's ., 1eir perception . Coun cil Member Oak,~y Jid g,ven ttiat we are trying to wor k on the same team There were com ments made by va ri ous Council members . Council Member Jefferson said and perhaps ii everybody feels uncomfortab le with the idea of just suspendin g enforcement altogethe r, ma ybe we could just suspend it fo r a week or some thing , to give then another week to get into compliance after this and then we will start enforc ing aga in . You know wha t I mean? Maybe th at is all it takes . You know what I mean ? I would be okay with that if everyone is so uncomfortable with the Idea of putting a suspens ion on enforc,;ement for a longer period of time . Council Member Wilson said and another thing , I think we have to r~al,ze too , they are not gett ing issued . as far as I know , any kind of cita tion , thay are just being ... Council Membe r Jefferson sa id they will , that is the next step . Ms . Wilson said they could but I mean they haven't. The y were asked to remove them . Council Membe r Jefferson said they >,ave not , that is correct. I just want to make sure that right now as they stand , I don 't believe ... lel's not cite them . Either suspend it or , you know , start th is period of process over sc-they get another opportun ity to comply . Council Member Moore said I think , I mean ou r depa rtment. some of our Police Department as lo ng as the policy in voluntary compliance , I don 't have any objecti~n•. I think the goal is gett ing into compliance . Yeah , I got to stop and note the effo r-that the BID went through with respect to banners not long ago , Th is process worked . And an issue , it worked wi th us to try to ge t the rules changed to acco mmodate their situation . Council went • through a lot of discussion about the banners and the id ea that we will just stop enforc ing it now for th is reaso n, doesn 't feel right to me . I don 't have any issu e with , hey take an ex,ra week , to get Into compliance or whateve r ii is but between Bob 's comments and I don t ka ow how yo u just stop enforcement allogethe r and throw the rules out and who knows where ii stops . Several Council members made commen t, at the same time . Council Member Jefferson said I appreciate that and the ir response to that , you know , and bear In mind that I am just playing messeng ar here , I guess . Their response to that is that there are so many violations going on that the policy is in error . That is the ir argumen t And so , they see ii as , you knew , oh voluntary compliance , you kno~, com e talk to us . How do we get into compliance? How do we do the se th ings ? They are seeing 11 as more or a heavy "anded enforcemen t. Whether that is tru e or no t, I don 't know . I mean , that Is just the ir ... I am just trying to re lay the ir percept ion and you know , it is unfortunate . I think a lot of th is has to do with persona lity con fl icts from staff so that is unfortunate. But again , : am just try '••g to salvage our re lationsh ip with some of our larger investors . Council Membe r McCashn sa id but the signs I got are : our relationsh ip is done hm Mr . Cook . He comes In and says I'm not giving an y more bus ines s to Englewood . I mean , to me when you come an d threate n someone ... I mean like Mr . Schalk , he gave yo u, here is wha t's wrong, le ts fix it , I'll help you . Mr Coo k sa id you know what ? I'm done with you guys . And to me, It 1s a total ... 'f you want to tal k to me and you want to dea l with me , come and tal k to me . I'll ta lk to you all day and we will work something out but don 't be threaten ing me . And Iha , is what It was , a threat. Council Membe r Jefferson said and hopefully we can have more of those conversation s going forward and hopefully they can be non -threaten ing. I would totally agree with that. Council Member Mccaslin said I hope so . Be caus e to me, this is painting a picture , okay now , the se two guy s .. rr, f>;Ming the same battle an d you know , we can 't ignore their viol ations and until we find ou t someth ing else If th ey would have come . you know, with th is a month ago , th is process would have been ahead of it Englewood City Council August 17 , 2009 Page 24 Counc il Member Jefferson said le ts also keep In mind , nobody had an issue with these violations until we had a citizen compla int. You know what I mean . When it was jus~ one cit izen , I don 't bel ieve that anyone else was compla ining , Council Member Mccaslin said that is my take on it. I've never heard from Mr. Cook . He never called me and compla ined . Mayor Woodward s0 id it was one citizen and then as a result of that one . there was another one saying , what about those down there , according to the memorandum . Council Member Jefferson sa id I think that was a tenanl there . The tenant was sa yi ng , hey wait a second , why are you only enforci ng it on me? This is a Jon Cook issue . No , no . Then Tricia says oh yeah , you 're right. There are some others . She investigated those and also cited these other ones you see on our list here . So , just to get off the grandstand here , if you folks are okay with just somehow allowing fo r ano•',er period of time for compl iance , I am okay with that. Saying that, you know , we will let them know , t,oy , we realize there is a larger policy issue here . Let's talk to P and Z. Let's allow a BID comment and all e•v them some sort of proactive process to work with us go ing forward . Council Member Wilson sait I also th ink too , with BID , becaus e the y went through such a process with !heir little fingers , that if we turned around like let oth er people go ahead , th ey would be lik e, wait , I had to go through the process . Ar,d due to the fact that they went through the proces s, we did expedite them . So I think we were , you know , working with them and I think that can be done again . Council Member Jefferson said I generally agree with tha t I mean , you know , I know they we,e frustrated with the process . I mean , I know they worked with th e proces s but later on but I heard lots of gripes abvut the process too . Council Member Mccaslin said but did we gripe about a lot of processes , not only government but in every da y life so what do we do? Council Member Jefferson said I agree . Council Member Mccaslin said so what I am saying Is we deal with this every da y. And it seem s like we are Just sin~ling out these two guys . You know , they came and made a compla int so therefore we are go ing to allow it to happen . t'm having trouble with that. Council Member Jefferson said I understand what you are sayin~. I will also say tha t this conversation has gone up and down Bro ad•::ay with this . This is someth ing that people are talking abou t.. businesses are talking about right now . Tha t is all I can say . A member of the aud ience sa id ous inesses are talking about it here ? Mr . Jefferson sa id yes . The audience member sa id it has been going on for 40 years , that argument has been going on . Council Member Jefferso r sa id so anywa y, the businesses are concerned ahout th is issue . Jon Cook and Steve are the ones who are lighting a fire under other people but there are other people wh o are upset about this . They just haven 't come tc ,,ur Co ur.cil meet ings . Mr . Mccaslin sa id exattly. Mayo r Woodward sa id well I th ink, but jus t to change policy in the middle is bad poli cy. It is my opinion , And i think we should move forwa rd with P and Z, BID and ACE . Coun cil Member Jefferson sai d woulJ you be okay with a temporary time to allow them to get into compl iance ? Can we allow for anothe r period fo r them to get into comp li ance ? Counc il Member Penn sa id because the ir voices are not heard very much , I v,ou ld like to have maybe get two or three or four merchants south of 285 on Broadwa y beca~se they are not part of any of those groups and they • • never get hea rd. Su I thin k they shou ,d be part of that group . Ms . Wil sen said Bob will help you . Mr. Mccasl in • sa id ye ah I will . That has been a comp laint of mine for years . Englewood City Council August 17, 2009 Page 25 • Council Me mber Jefferson sa id that is either , so I mean , so for that , the y either got to be ,ocluded with ACE , or BID or olt :e,wise we got a true task force going here . Maybe they can join the other organizations just for that meeting . C~uncil Member Penn said they are not ~ part of either one of them , so . Mayo r Woodward said well Jeannette Espinosa is Cha ir, Ass istant Cha ir of ACE . Council Membe r JeffNson said so perhaps when ACE has ii. they can open another opportunity to some other businesses to hear some feedback from other businesses in the community . Whal do you think that is? Council Membe r Penn sa id well you know , I am going to have a meeting with people south of 285 on Broadway and discuss th ings like this and that is already set , that will be in the next Englewood Citizen so hopefully we can discuss that at that time . Council Membe r Jefferson said fantastic . I think ACE would be , I don 't know if I can speak totally for that , but I think they would b.a happy to have some input from additional businesses . Council Membe r Penn said I would invite ACE to come down and 11, important for them . nlle we are talking . I think ii would be Council Membe r Jefferson said so does anybody oppose , I guess is the way I'll ph ra se ii, does anybody oppose to allowing another period fo r volu,1tary compliance lo these businesses who were in violation on this list? Council Member Penn said aren't they both in compliance now? Council Member Jefferson said I don't know . They might all be in compliance now . • Council Member Penn said I think Steve took his dow n already and I'm pretty surn Colo e already has theirs down also . Council Member Jefferson said I just want to make sure , you know, •,ev M· ... 't gel cited over this and ... City Manager Sears said we have a limited number of Code Enforcement people and we try to not police that department and if Council wants to mo ve tha t dire.1ion, you know, we would just, through our Code Enforcement people , work with these individuals to come up wi!h a time . Certainly we are not looking to do It tomorrow but to give them a 7 day time frame , stays within the Code and al the same time , we will also instruct them and I think we probably put in the letter that this would be reviewed as part of the sign code by ACE , by BID and also other groups like P and Zand probably , hopefully incite people throughout the City but say you can come . We will try to establish a process so tha t we can get Input throughout the community . Council Member Jefferson said I'm satisfied with that. Council Member Moore said sounds good . (iv) Coun ci l Member Oakle y: 1, He said yes , I would just like to thank everybody for coming here tonight and giving us their opinions and requests on different matters . 2. He said I am just go ing to address one and I believe it v•as because Martha had used my name in regard 10 the y enforce someth ing other than what was on the agenda tonigh t in regard lo his dog matter. In as much as I haven 't saw the Parks and Recreation reports and I've liste ned to two of them and there appears to be other th ings in the works. I don 't th ink tonight would be a time to add res s it other than it is comin □ up aga in in what... in 2 weeks you said Jim? Mayor Woodward said yes , the a~ of September, however many weeks that Is . Mr . • Oakley said oka y, so after that dale , we will see how that comes out. And I think for the sake of time , that is all I ave . (v) Council Member \/\'"son : Englewood City ( ouncll August 17 , 2009 Page 26 I . She sa id I just wanted to apo logize to everyone that If yo11 thought I was turning around and not listening to that , that was not the case , or I'm not aware of it. My purse was ba ck here so I might have turned around and got something out of it but my intent was not , to not watch th e video . And I did watch it at ~ome . In fac t, I watched it twice at home . But I do want to apo lo9ize if that came acros s wrong be caus e It was not my intent and I don 't remembe r doi ng it. So , please pass that along to everyone . 2. She sa id the other th ing is I was on the Tas k Force , I've been ... everyone knows rr,1 history ... l was asked by the City to be on the Tas k Force for the dog park. I was one of the founders of Englewooo Unleashed . I am not a member now ... two things happened , my dog died and I was on Counci l so at that po int I just kind of removed myself from that activi ty . And for th ~ conflict of interea:, I don 't want to recuse myself from being able to make a decis ion . I want to look at both sides . Bel ieve me , after being on the Task Force and Englewood Unleashed , I would lik e to see this put to res t. You know ii has been com ing up so I am hearing you . I'm hearing Tracy ... l'11 miss you Tracy when it 's all over. I know ii is an issue and it is not one to be taken lightly but I do appreciate who comes forward on both sides because it does let us look at everyth ing . 3. She said I apprec iate Linda Counterman com ;ng oct and speak ing . I was on the Task Force with her . The one Iring , I don 't know if everyone else on Council has been called and talked to about their place or about the dog park. No one has ever reached me or tried to call me and ask me any questions about being on the Tas k Force or Englewood Unleashed . So feel free . If you have any questions you can always call my home . My number is on the website . 3. She said I do appreciate everyone who came iorward and that is all I have . Mayor Woodward said thank you . • Counc il Memhe r Moore said your honor ; may I jump in real quick ? Mayor Woodward sa id sure . Council Member • Moore said just a, I was having fun in the policy manual , I want to actually reinforce Jill , that you are not free to excuse yourself fro'l1 vot ing on this matter . A conflict is if you have a financial interest or if it has something to do with your behavior. Jill is actually required to participate unless Council unanimously excuses her from participating , as I understand the rules . So that's not technicall y a conflict and if Council Members weren 't allowed to vote because they had op inions , anyway , it would be a slower process than it evt n is today . Counci l Member Wilson said well and I think everyone who has been in town long enough has had the ir fingers in someth ing that no one could vote on anyth ing , there would always be something . Council Member Moore said than k you , I•our honor. Council Member Oakley sa id trust me , there has been times when I would rather not vote . Mayor Woodwa1d sa id thank you Jill . (vi) Council Member Jefferson : 1. He said I just wanted to thank all of the folks for giving the ir comments on the off-leash issue . To Martha , Linda , Dav id , Alexia, Etta , Matthew . as well as Kim Love . I appreciate you coming forward and continu ing to come forward with your thoughts and i~e as and as we try to meet some sort of resolut ion to this issue that ha s been a long process . 2. He sa id and now , as far as Bill an d Laura Bartn ick , maybe I can get a little bit of clarification 0n Ylha t ex actl y was de cided In that case , because I'm a li tt le confused . Th ey were sayi ng the y were not guilly on se veral iss ues . Wha t were lhty convicted of? Ci ty Attorney Brotzman said remembe r I have a co nflict so I'm getting th is secondhand . We actually hired an outs ide attorney in th is cas e. Council Member Jefferson said tha t's right , tha t's right. I remembe r. City Attorney Brotzman sa id my understanding was that they were convicted : Number 1, guilty of code Issues . They have to get inspections of their property . Second is that they are not allowed to nun a boarding house . Council Membe r Jefferson said okay ,,nd so she was asking for informat ion ... on information that she needed to comply with • something ? I'm gett ing confused on some of the se different issues . II is gett ing a littl e convol11ted in my mind . City Attorne y Brotzman sa id her att orney is actuall y meeting with the building code staff. Lan ce , to go through on what inspections are still outsta ndi ng and what has been comple ted . Coun cil Member Jefferson sa id and if sh e Englewood City Council August 17 , 2009 Page 27 • gets those ... City Attorne y Brotzman sa id she would then be in comp lian ce And the judge takes that into account on sentencing . She has been convicted of not hav ing inspe ctions done . That's a crim inal violat ion . The judge is go ing to sentence her for not having that done but he is go ing to take into account this time period to come Into compl iance . Council Member Jefferson sa id so it wasn 't a board ing house issue or a household issue ? City Attorney Brotzman said there 's an inspection issue and there 's also ... she was conv icted of runn ing a boarding house , which is not allowed In the R-1-A because she was ... she wasn 't grandfathered in because she didn 't have all of her inspections done and she didn 't come into compl iance . Council Member Jefferson said so even if she comes into complian ce , she isn 't going to be able to be grandfathered in . City Attorney Brotzman said correc t. Council Member Jefferson sa id she is try ing to look favorable for sentencing . City Attorney Brotzman said fo r court , correct. Council Mem ber Jefferson said oka y. He sa id so I mean , I guess I'm assum ing we are going to be giving he ; that information that she needs to come into compl iance relativel y qu ickly . I don 't know if we need a Council Request on that , so I'm assum ing that information will be prov ided to he r as soon as possible . City Attorney Brotzman said well Lance is meeting with her attorney on that so that will be done . Council Member Jefferson sa id good. She was just ask ing us for that , sc ' don 't know why she was asking us fo r tha t. He said okay . 3. He sa id to Steve , I wanted to than k him for com ing down and giv ing us some in sight on what peopl e are feeling on Broadwa y and some of these folks are , like I said , are our biggest partners. 4. He said the one issue I didn 't bring out , I apolog ize , I should have when we were having that discussion about th ~ sign codes , was the enforcement. You know, I think there is th is perception when people come out of the office and from the Community Development down , that maybe there is not, you know , unev en enforcement or something going on there . So , you know , I noticed that one of the options was to allow Community Allevelopment to investigate it and then turn it over to Code Enforcement so that the Code Enforcement person 'W'shows up as the one who actually cited them . Council Membe r Wil son sa id they didn 't get cited . Council Member Jefferson said or the actual or,e giving them • notice of violation , I guess is what I should say . Ms . Wilson sa id you know, a lot of times with certain issues , Community Development and Code Enforcement work togethe r. Mr. Jefferson sa id I agree , I agree . Ms . Wilson sa id due to the fact that. ..... Mr. Jefferson sa id I agree and I just think that it just works much bette r from the ,erson who is receiving the citation . Ms . Wilson said no citation . Council Member Jefferson contin ued if it is from the appropriate person for that. You know , I think that part of that was some old personali ty conflicts went on and then when that person showed up at their door , there was a percepti on , whethe r it was true or nol , don 't know bu t there was a perception of some sort of uneven enforcemen t. And so , I just think from a pol icy perspective, we can avoid a lot of those issues , just by saying , send the uniform person over to the ir Code Enforcement ca r, you know what I mean , and then they don 't th ink anything of it...Oh , they were doing their rounds . Yo u know what I mean and that is what the y are supposed to be do ing . What do you guys tl1ink of that ? Coun cil Member Mcc asl in sa id well my qu estion again , were they in , .,111pliance? Mr . Jefferson sai d no . Mr . Mccaslin sa id ok ay, we ll then to me , I gues s, that is the Issue right there . Council Member Jeffer so n said so you th ink that anybody should be allowed to do that ? Counci l Member Mc c asl in sa id no. I mean , if the y work for th e City an d wo rk for the department.. Mayo r Woodward sa id I th ink it was a spe cial case . Mr . Jefferson said I agre e It was a spec ial case bul I j ust. .. Ma yor Woodward sa id but people be ing il l and out and now but I th ink It Is up to ... My opi nion is that it starts with Gary , then it goes to Alan and Chief Vand ermee to work these things out In their different issues . Carolyn deals with , or used to deal with , two different types of issues , that is outsid e cod e Jnd Insid e code , when othe r curren t offi cers onl y dealt with outside code is sues . Several people spoke at once . • ity Manager Sears sa id the background on th is was exactly as you sa id. Tricia reall y, on this incident , she wa s no t enforcing . She actu ally was code :,,vestigating and the proprietor came in and sa id, wrat are you doing ? And she sa id ... Mr. Jefferson sa id we ca ro avo id that , I'm talking ... City Manager Sears sa id in terms of where Council wants to go, tha t is wha t our Code people are trained to do and to deal with confiicts for the most part and we Englewood City Council August 17, 2009 Page 28 totally agree . We did have a shortage . We just had a person that is out and we do have a lot of zoning violation iss ues that we are involved in right now. We are jus t short staffed but on these in particular , we definitely , we have already set it up so tha t we will have our Code people make contact through the Police Department. Council Member Jefferson said so in the future , we don 't have to .... that dee sion will be made at th e adm inistrative level then , corre ct? City Manager Sears sa id yes , th is wi ll be at the a~ministrativ e leve l. I can 't guarantee you all the tim e because , you know, we have people issue but for the most part , th is would no t have happened In the manner that it happened and had we had staff in that area . Council Membe r Jefferson sa id I understand tha t. Again I 'm just trying to let you know what the perception is and try to comba t some of that perception because we can turn that around and do a posit ive and sa y you know . we were say ing . I don 't know . It seems work ing with them that could be a nice selling po int if we say , hey , yo u know , we know that the Code Enforce ment officers , as you sa id, are tra ine d to do that type of th in g. 5. He said Mr. Corry , I thin k ail of us realize that the polic y issue fo r med ica l marijuana has been cited . You know, we are appropriate ly taking the time just to decide on some of these zon ing Issues as well as lic ensing issues . And we certainl y are not saying no to them forever. 6. He said Laurett , I, you know , we talked abo ut this iss ue with Jill and Jim in the past. I generall y agree that a citizen board shouldn 't be occupied by Council people , howeve r, yo u know when you are talking about an association with a group li ke Englewood Unleashed ... that, in my op inion , is no reason to abstain from voting on that issue . I liken it more to a core value and I have had calls from the community ask ing me about your folks ' affiliation with Englewood Unleashed . And I told them , you know , I don ': see it as a conflict of intarest. I simply • see it as perhaps. at most , a core value . It is like being a member of the NRA and not voting on the gun issues . • You know wh at I mean? I don 't think that just beca use you have a core value there , doesn 't mean that , you know, you not vote on an iss ue that affects our commun ity . Coun cil Member Wilson said you have a busi ness and you have a summons . Mr. Jefferson s~1d there you go . Mayor Woodw ard said I am an Englewood Lion and I didn 't re cuse myself from gifting the t1ain in Belleview Park from the Lions to the City . Counc il Membe r Jefferson said so I am In total agreemen t there . I just wanted to be fair on tha t. I thin k that's all I have 13 . City Manager's Report (a) City Manager Sears said I have two items . One that we didn 't get to in Study Sess ion and th is wiil be relatively brief. I sus pect but ask Alan to go through ... we have to app rove this allocat ion . Alan ,if you could do that. Director Wh ite said we received no tification from the Divis ion of Lo cal Government tha t our Private Activity Bon d Allocation is 1.3 million dollars this year . We are recomm ending that we assign that allocation to CHFA, the Chapter of the Colo•ado Housing and Fin ance Authori ty , which is what we have done in the past se,era l yea rs . 1.3 milli on dollar all 1Jcati0n really , whe n we go through th e whole bonding proce ss , reall y doesn 't give th e project that much financing and so it is better to ass ign that money to CHFA so that they can put it to better use . We have to take action by September 15~ or our allocation will revert to the statewide balance . Our preference and our re co mmendat ion is for the ass ig nment to be mad e to CHFA and unles s there was an objectio n. in bringing forward the paperwork to accomplish that on September a~. Co uncil Membe r Jefferson said just a quick quest ion . Didn 't we give that to the Boy Scouts of America ? Didn 't • th ey see a lot of tho~e bonds or was that dif!ereat? Mayor Woodward sa id it wss a different type of bond but this is fo r hous ing . Co uncil Me'Tlber Jefferson sa id that is somet hing different. Council Membe r Jefferson said it was Englewood City Council August 17 , 2009 Page 29 • some other bond issue . Mayor Woodward said th is is wh at they have done fo r ... well since I've been on Counci l. The onl y olher ooes that have com e up in the past is the Metro Mayors Caucus , which is out of that right now . Mayo r Woodward sa id is there a motion . City Manager Sears said we will bring it ba ,,k and take to the Council. Th is Is just as we do in Study Session, over and back at the regular meeting . (b ) City Manager Sea rs said and the other th ing is just a reminde r. I am going to ask Mike tr ialk about next Monday night's meet ing at the McClellan Reservoir . We will provide the logist ics to Council ~ut I jus t want you to know that we are going to meet at 2 or 3 si tes next Monday nigh t. And Mike , I don 't know ,f you could describe tha t. Deputy City Manager Flaherty said I will provide information in the packets but primarily due to lack of parking in an y of those locations , we are making provis ions for the EMRF staff to be located at the northwest corner of Lucent and C-470 . We wil l have a tent there . We will have information and members will be ava il able to answer questions . In the packet , you will receive a map of the EMRF properties and basically information on each of those properties so that each indiv idual , since we are not taking one vehicle to accommodate all , that you can do a self-gu id ed tour of the site and then come to the location at the northwest corner of that intersect io n for additional comments and questions to and from th e Board members . City Manager Sears said we will prov ide them the packet. If you have any questions , give me a telephone cal l. .. give us a call. We will have three sites next Monday night at McClellan . And we will probably do some car pooling to get ou t there . So just le t me know. ACouncil Membe r Penn said shall we bring ou r fishing poles . Gary said if you wo uld like to . Council Member P•,n n Wsaid alright. Mayor Woodward sa id I guarantee that Stu will not let you in there . City Manager Sears said thafs all I have . 14 . City Attorney's Report City Attorne y Brotzman did not have any matters to bring before Coun ci l. 15 . Ad jo urnment COWARD MOVED TO ADJOURN . The meeting adjourned at 10 :11 p.m. u~tf.~· •