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HomeMy WebLinkAbout2009-10-05 (Regular) Meeting Minutes• 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, !IRAPAHOE COUNTY , COLORADO Repular !\esslon October 5, 2009 The regular meeting of the Englewood City Counc il was called to order by Mayor Woodward at 7:36 p.m. 2. Invocation The invocation was given by Council Member Mccaslin . 3. Pledge of Allegiance The Pledge of Alleg iance was led by Council Member Mccaslin . 4 . Roll Call Present: Absent: A quorum was present. Counci l M,r.,ber• Jefferson , Moore , Penn , Oakley , Mccaslin , Woodward Council Member Wilson • Mayor Woodward said Council Member Wilson Is out of town this week and will be relurn ing next week . • Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty , City Clerk Ell is Deputy City Clerk Bush Director Gryglewlcz , Finance and Administrative Services Director Fonda , Utilities Operations Division Manager Tallent , Wastewater Engineering Capital Projects Administrator Henderson , Publ ic Works Director White , Community Development Community Planning and Housing Coord inator St itt , Community Development Directer Eaton , Human Resources Recreation dervices Ma;iager/Golf Spada , Parks and Recreation Police Commander Condreay 5. Consideration of Mlnut11 of Previ ous Snslon (a) COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER JEFFERSON SECO~lDEO , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 21, 2009. Mayor Woodward asked if there were any changes or modifications . ·, ;,ere were none . Vote reaults : Ayes : Nays : Absent : Motion earned . Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Oakley None Council Member Wilson Englewood City Council October 5, 2009 Page 2 6 . Recognllion of Scheduled Publ ic Comment There were no schedult:d visitors . 7. Recognition of Unscheduled Public Comment (a ) Daryl Estes , a Denver resident , sa id I am here lhis evening to discuss with Coc•ncil and staff ... May 25 , 2007 , lhe City of Englewood nearly bankrupt, the cilizens . And the concern I ha ve, you know, at Iha : time an d as well as before , Is we don 't r,ave enough money to not be frugal with ii. I don 't wish to a. far to get loo involved with some of my concerns but I think , you know , with the mural that was on the front page of Denver and the West , end the City of Englewood with the issue there . I th ink everybody is feel ing somewhat familiar with that. And then as far as ... I adm it putt ing in Council Request in regards to lhe amount of money that had been spent and the amount of time ... in regards to dogs . I hadn 't rece ived any call back from the Council Request... it was multiple Council Requests Iha, I put in and just this evening I talked with Frank a little bit and he got kind of a chuckle out of It , well you know , it is serious . It truly is . We can 't be spending time and money when obviously I haven't seen anyth ing different than the City of Englewood nearly bankrupt. I printed this up earlier this evening down at the library downstai1s and I would like to share this information . It is just a concern that I have that th is Counc il and st~ff ... that I think there is a problem that is brewing and we need to address it. It is going to be some hard decisions that the Council has to make , but I think you guys know where I'm at. Thank you . Mayor Woodward said than k you . (b) Miguel Drake , an Englewood resident , said I would just like to thank the Council members for mak ing lhemselves available and Joe Jefferson for do ing a public meeting ... that was very helpful for me . I would like to thank the City for the efforts it is go ing through right now ba lancing its budget and dealing with the hard times that we are dealing with . It is hard and I would really like to applaud you guys for working on the effort to make our City livable without a cut in services through , you know , cutting back through attrition , through unnecessary ilems ... but without seriously cutting into the ab ility of the City to provide the amen ities for which it has become known , you know , within tre State . Th is is an excellent, excellent City we live in and we live in it , because of the response of respons ible and really caring efforts of our go, xnment. I find it a little bit disconcerting that there are many people who seem to atta ck it simply because ii is a government And I find the tone of the rhetoric I've been hearing r.~cently to be , you know , offensive at the most and at the very leasl , distracting from the fundamental issues of governance . I'm really ju st here to say thanks guys . You are doing a great job and I really appreciate it and your staffs are do ing a good job. And I live here for a reason . I am going to keep living here for a reason . I live here because we have a good Council , because we have a good government , because people we enlrust with thal do a good job . So , thank you and have a good evening . Mayor Woodward said thank you . (c ) Doug Cohn , an Englewood res ident , said good evening : ha ve a cou ple of things on n,, mind • • tonight I mentioned two weeks ago that the Parade of Lights guys mighl be 11 .!erested in hav ing the Chcrrelyn trolley . I sent the appl icat ion to Randy and Le igh Ann ... those were the only emails that I had , so I gu ess , I'm not sure what happens with it at this po int. The deadline for submitt ing the applicat ion is ne x: Monday . If you all th ink you would like to have the trolley in the Parade of Lights , thal would be a real go od time to put ii together . The second th ing , out in front of the post office on Floyd and Broadway , I met with a fellow who was riding In a wheelchair and there is a problem with the ... where the asphalt meets the concrete right on the curb cut , the asphalt is about an inch taller and himself and some other people have gotten stuck as they have run the ir wheelcha irs dow n in the curb cut there . And they are feel ing very exposed ... being right bes ide the cars . I guess I am wondering if someone has a roller or however you kind of flatten out asphalt if we could do something with that. Then just one other point , the sign code thing . I th ink it is a good start . I haven 't seen the notes of what all is goin g to be going on tonight. II doesn 't seem to be published anywhere . I guess I am a little discouraged . Since our last meeting , thE public meeting and the Study Sessions , I have gotten feedback from some businesses who are leav ing town . They are saying that the last minute enforcement that is going or. right now is go ing to ... they are • discouraged enough that the y are go ing to pull up stakes . They are go ing to move somewhere where they are invited . I talked with one fellow who is a commerc ial leasing agent and he is talk ing folks out of... if they want to be on Broadway , he is tal ki ng them r ,•t of com ing to Englewood , because of the problem that we have with th is. We • • • Englewood City Council Gct ober 5, 200 . Page 3 need to make some big changes wit h it. The s,g n code n1o r3tor ium is a bit of a step . I think we need to do a whole lot more. There nee ds to be , I think, in a City a ... I guess you would call it a critica l mass ... where you have enough bus ine sses tha t wi ll attract custome rs. And I am worried that we are los ing more of our bas e pe ople . I want to throw that out there as a prob lem . Anyway, than k yo u. Ma yor Woocward said thank you . 8. Communications , Proclamations and Appointments (a ) cons idered . A Proclam at ion dec laring October 18-24 , 2009 as Nationa l Save for Re tirement Week was COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE PROCLAMATIO:; DECLARING OCT OBER 18-24, 2009 AS NATIONAL SAVE FOR RETIREMENT WE.EK . Mayo r Woodward sa id the cost of re tire, ,·~nt continues to rise in th e United States and the need for greater savin gs grows . Many employees may not be a,71 re of their retiremen: sav ings opt ions or may not be tak ing full advantage of their workplace defined contributi~r. ,,.,Jns to the full extent allowed by law . Whereas , all work ers , inc luding publ ic and private sector employee s, ~-,npl oyees of tax-exempt organ iz ation s and self-em pl oyed ind ividuals can benefit from an increased awareness of the need to save for reti ,e mf!nt. So , we are procl aiming , if this passes, October 18-24 as National Save for Ret irement w~ek. Mayor Woodward sa id unless there are any other points , please vote . Vote results: Ayes : Nays : Absent: Motion carried . Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferson , Oa kley None Counc il Member Wilson Mayor Woodward said is there anyone here to rece ive this proclamati on ton ight? No t seei ng anyone , we will hold this and get it to the proper people . (b) A Pro cl amat ion procla iming Octobe r as Domestic Violence Awareness Month in th e City of Englewood was co ns idered . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER JEFFERSON SC:CONDED , TO Ai>PROVE THE PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH IN THE CITY OF ENGLEWOOD . Mayo r Woodward sa id aga in, just to mention wh at this 's about. Obviously d~mestlc violence is a serious crime that affects all peop le of all races , gender an d incom e levels . One in four women will be co me victims of a violent relationship in their lifetime , wh ile 16% of .all physica l assaul ts 'n the Un ited State s committed against men are by their partners . The crime of dom ro.-c violence violates an ind 'vidua l's privacy , dignity , security and humanity due to systemalic use of phys ic.al , emot imal, se xual , psycho log ical &n d econom ic controls or abuse . And wh erea s, as citizens of a law-abiding and j ust ~,x:iety , we must ma ke a com mitrr.ent to el iminate domestic violenc e, to ra ise awareness of this cri me in our corr.munities , to help vic tims cre ak free from the cyc le of violence and to hold offenders accouatable for their cri me s. Mayor Woodward asked If there were any other comments . There were non&. Vote results : Moti on carried . Ay es : Nays : Absent: Council Members Penn , McCas,in, Moore , Woodward , Jefferson , Oak ley None Counc il Membe r Wilson Englewood City Council October 5, 2009 Page 4 9. Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McC:ASLIN SECONDED , TO APPRO'/E CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I), (II), and 9 (c) (I). (a) Approval of Ordinances on First Read ing (i) COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF EASEMENT" TO PUBLIC SERVICE COMPANY OF COLORADO/XCEL ENERGY TO INSTALL UNDERGROUND CONDUIT FOR ELECTRICAL SERVICE AT 1074 WEST DARTMOUTH AVENUE. (b) Approval of Ord inances on Second Reading (i) ORDINANCE NO . 39 , SERIES o:= 2009 (COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT" TO JILL HUTTER FOR THE INSTALLATION OF A GARDEN BRIDGE CROSSING THE CITY DITCH . (ii) ORDINANCE NO. 40 , SERIES OF 2009 (CO UNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING A "LICENSE-CABIN MEADOW TRANSMOUNTAIN DIVERSION PIPE CROSSING AGREEMENT" TO DAVID AND JUDITH HUETER FOR THE INSTALLATION OF A DRIVEWAY OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY. (c) Resolutions and Motions (i) MOTION TO APPROVE THE PURCHASE OF ONE NEW MANURE SPREADER FROM KUHN NORTH AMERICA, INC . IN THE AMOUNT OF $67 ,598 .07 . Vote results : Ayes: Nays : Absent: Motion carried . 10. Public Hearing Items Council Members Penn , Mccaslin, Moore , Woodward . Jefferson . Oakley None Counci l Member Wi lson i a) Mayor Wood ward said thi s ,s a Public Hearing to gather input on a proposal to recommend to the City Manager the setting of specific off-leash hours far dogs for Jason , Cente nnial , Duncan . and th e North wes t Greenbelt parks to be effective January 1. 2010. Specifically: March 1 through October 31 -off-leash hours from 6:00 am to 9:00 am ~n •I 7:30 ~m to • 1 :00 pm; and November 1 through February 28 or 29 -off-leash ho urs from 6:00 am to 11 :00 a,,-, .. d 4:00 pm to 11 .00 pm . Mayor Woodward said I just wanted to mention that there is Proof of Publication of the Pub lic Hearing in the Englewood Herald on Sep tember 25 , 2009 and on the City website from September 23 , 2009 through October 5, 2009 . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON A PROPOSAL TO RECOMMEND TO THE CITY MANAGER THE SETTING OF SPECIFIC OFF-LEASH HOURS FOR DOGS FOR JASON, CENTENNIAL, DUNCAN, AND THE • • • • • Englewood City Council October 5, 2009 Page 5 NORTHWEST GREENBELT PARKS TO BE EFFECTIVE JANUARY 1, 2010 . SPECIFICALLY : MARCH 1 THROUGH OCTOBER 31-OFF-LEASH HOURS FROM 6:00 A.M. TO 9:00 A.M. AND 7:30 P.M. TO 11 :00 P.M.; AND NOVEMBER 1 THROUGH FEBRUARY 28 OR 29 -OFF-LEASH HOURS FROM 6:00 A.M . TO 11 :00 A.M. AND 4:00 P .M. TO 11 :00 P .M. Ayes : Counci l Membe rs Penn , Mccas li n, Moore . Woodward , Jefferson . Oa kley Nays : None Absent: Council Membe r Wilson Mot ion earned and the publ ic hea ri ng op enP.d . All wi tnesses were duly sworn . Mayo r Wood ward said there are qu ite a few people signed up to address City Council during the Publ ic Hea ring regard ing times for off-leash dog privileges in our parks. We want to make sure everyone who wants to be heard gets the opportunity. I will as k if anyone that didn 't have the opportun ity tr sign up , wishes to spea k, after the last signed up speaker does speak , we do we lcome your input about issues of concern in Englewood . With that sa id, we have found that it is he lpful if one or two people give us a clear and concise presentation of the issue , rathe r than hav ing several people repeat the exact same message . With tha t as the bas is, we can move on to the additional presentations by thE othe r speakers add ing new informat ion . Something like, I agree with other presentat ions and ... or simply , I agree with the presentation made by so and so , is encouraged . We expe.ct that you came to share your input th is evening and we ask that you display the same respect for each other. We ask that you do not applaud ind ividual speakers . We want to hear your inp •Jt. Wh ile we understand that the issues , and even the fact that you are presenting In the public forum , can be an emotional experience , we need to address the facts and want to come to a clear and just conclusion . A respectfu l presentation will help us do that. Please lim it your presentation to 5 minutes and times will not be permitted to be transferred to anothe r speaker . Mayor Pro Tern Moore will be the timekeeper . At the conclus ion of the Public Hearing , Council may have some comments ; however , no decisions will be made ton ight. A discuss io n and vote will come forward at our ne xt scheduled meet ing on Monday , October 19th• Alice Hanna , an Englewood resident. sa id I'm not a stranger to the off-leash issue as I've been deeply involved for the past seven years . I know a lot of you , well, all of you for your term have been involved In th is, but I know Mr. Moo re and Mr . Woodward have been on Counc il fo r qu ite a long time . I've been dea li ng with this issue through either Council or Parks and Rec Commiss ion , etc . and I just want to thank all of you for your patience over the years in going through this year after year . I think that last summer was the one summer that we didn 't have to talk about th is. so unfortunately we are back here again . But I did j ust want to kind of add a diffe rent vi ewpoint th is time than what I sa id over the years . Th is year is a little bit differen t for me because I ci, have a 2 year old son . I just wanted to ki nd of express some po ints on having both dogs and a fam il y. Overall , '>y lim iting off-leash hours to 6:00 am to 9:00 am and 7:30 pm to 11 :OO pm during the March to October timefr • .. ,~s . you will be el iminating another group of park users from the park . Thos e of us who have both dogs and young ch il dren . My son is 2 years old and starts getting ready for bed at 7:30 pm and is asleep by 8:30 pm , which is typ ical for young children . With these summe r hours . we will not be able to go to Jason Pa rk as a fam ily except for the times where we might actually be up and ready to race out the door on a weekend to make th e 9 am cu toff , wt•lch is very unl ikely in my househ old . From March until Ma y and in Octo be r, it is too cold to go to the par k with youn g ch ildren at 9 am , so real istically are li mited to June through mid September to be able to spen d an hour or so with our dog and our son togeth er on the weekend . Lim iting hours will essentially have our fam ily split between going at different times to one park with our so n to play and another pa :,. with our dogs to exerci se , where now as we often go to Jason as a family wi th one parent on the playground for the son and the other parent watch ing the dogs play on the other side awa y from the playg rou nd. With the li mited amount of free ti me we alread; have as work ing parents , this will restr ict ou r lifestyles greatly . Those parents who have children , but not like go ing to a playgro und with off-leash dogs could go one or two blocks south to Rotolo Park and I don't feel that it would impact them as greatly as it would for the people who try to use the park for both their dogs and their children at the same time . During the winter , very few people use Jason Park except for the people exercising their dogs . It Is usually too cold for the kids to pla y and picn ics are generally not seen during the winter months . With the limited a:tiviti es at Jason in the • winte r. the re really is no need to have any limited hours in the winter . If hours are limited . you may also see. an increas e in goo se poop , since the dogs have kept them out during the winter months . Regardless of what the hours are , if any , Co uncil is stil l not resolv ing the iss ue of enforcement. By limiti ng hours the City will no w have to act ively patrol the pa rk during non off-leas h hours to enforce the off-lea sh hours . wh ich are also for the most part at Englewood City Council October 5, 2009 Page 6 lhe timus when Coc1e Enforcement is off duty . Fo r years , Englewood Unle ashed has been as ki ng for increased patrolling of the parks or j ust hav ing Code Enforcement show up no w and then to be seen and to ta lk to all park users about all the ru les includ ing non-dog people . We have also asked for additional larger signage so that all park users will know the rules of the park. I trul y th ink these measure s will be more successfu l than limiting hours at the park . Than k you for your time . Mayor Woodward said thank you . Jean Alspector , a Littleton res ident, sa id good even ing Mayor and City Council . Today I would like to speak to you as Jean Alspector and not a member 0f Englewood Unleashed . I would like my thoughts to be expressed as my thoughts and not , as again , as a mernber of Englewood Unleashed . I would like to rem ind City Council th is issue &tarte d as a mother requesting help to protect her children . If you could remember back when th is started , I could understand her fears and wanted to see how I could help . I wo ul d like to know how we get so far away from the original problem . How did keeping the dogs oui of peop le area s at Jason Park tum into un ilaterally closing four parks to off-leash privileges? I can 't see what I missed in th is. ! go to th ese parks regularly . I go to some of these parks sometimes . There Is no one there . I don 't know why we have hours . I don 't let my 10 pound dog off the leash . I don 't usually frequent all these parks . I live in Littleton but I do go to Englewood for th e beauty shop, the doctors , volunteer wo rk , physical therapy , Sa•eway and their gas , post offices , parks clean-up meetings , Malley Center activities , massages , Council meetings and restaurants like the South , Denny 's, IHOP , Jasmines , Le Peeps and yes , Starbucks . I wonder if Tracy and her ch ildren , also non -Englewood residents , spend as much time in Englewood as I do . Will Tracy step up to the plate and frequent the places I did in Englewood ... when I stay in Littleton and boycott the Englewood businesses and encourage all my dog friendly neighbors to do the same . I hope when I check Jason Park from 1 O to 4 on weekdays I will find Tracy and her children there or Martha and her friends in the shelter . My favorable impression of how far Englewood has gone ... has just gone down the tubes . I th ink the line has to be drawn right here . Thank you . Mayor Woodward said thank you . Jod i Litchfield , an Englewood resident , said good even ing Council members , Mayor, City Manager, thanks for hearing everybody tonight. I know th is has been a hard issue for everyone . I am here , I could speak on either side of th is issue , but I just want to say I have lived backed up to Jason Park for 25 plus years . And I think a compromise is not a bad icea . I don't know what the hours should be , but I th ink a compromise is not a bad idea . I can identify , as I said , with both sides of the issue . I currently have a dog that loves to go to Jason Park , that needs the exercise and loves to run around and so It is great to have the off-leash area to do that with hr,r , I would also like to say that my experience of seeing people at Jason Park In 25 years is that people do use tt,e park year round . Young families use the park whenever the weather is mild enough and we typically have mild enough winters here that people can go there every day, or pretty close to every day . I th ink that young families with small kids that are not school age do like to go during the day , during the school hours when the school age kids are at school , so that they are not be ing b01 i1ered by the older kids or run over by the older ki ds . So , you know, I guess I just want to say that I can see both sides of the issue . I have lived there for a long time . I've not really experienced many problems with the off-leash , other than when my kids were in soccer and T-ball , there often were loose dogs running around . So , I wculd like to see them not be runn ing around during thosP hours , I guess , but beyond that , I just think having some kind of comprom ise is a good idea . I would hate to see it go awa y completely . I guess that's it. Thank you . Mayor Woodwa rd said thank you . Dan La ir, an i:nglewood resident , said I too believe that comprom ise on th is Issue is important and I would like to app laud your efforts . from my u"derstanding , dealing with this for qu ite a long time and your will ingness to listen to both sides . And I understand your frustration in having to deal with th is issue when , as one of the speakers said earl ier on an unrelated issue , it is sort of unfortunate that the issue of dogs has to come up over and over again , particularly in troubling economic times . But I would like to begin by refram ing th is issue of comprom ise for just a • • second , to suggest to you that a comprom ise already ex ists within the status quo . Alice Hanr,a alluded ',o this • earlier , but I want to build on her point just a little bit. Let me read to you from t~e Englewood 's Parks 2nd R~c chart that tells you all the different parks in Englewood and which hav e areas that would be sort of family friendly or peop le gathe ring fr ie ndly : Bar ker Park -pier.le area , pavilion , playground : Bates-Loga n -picnic area , pav ilion , playground : Bard e Park -picn ic area , playgrou nd : Belleview Par k -picn ic area , pa vi lion , playground : Cushing Park Englewood City Council October 5, 2009 Page 7 • -picnic area , pav il ion , playground ; Ro11ans Park -p1cn1c area , playground , Rotolo Par k -picnic area , playground . What do these 7 parks ha ve in co mm on? They are all parks where people who do not want to be aroun d off-lea sh dogs , peop le who have fam ilies who would prefer the ir ch il dren not to be exposed to off-le ash dog s, have the option to go and not be exposed to off-leash dog s. The re are thre e parks that are multi -use parks with off-l eash privileges : Jason . Centenn ial and Duncan . No sing le dog ow ner tha t I have seen .. an d I bet that in the history of your dea li ng wit h th is con troversy ... has ev er suggested to you expand ing off-leash privileges to th ese other parks . I believe in com promise . I bel ieve that there should be mo re parks in the City of Englewood that are avail ab le for fam ilies with children , who don 't want to expose the ir children to dogs or people who don 't want to be ar0tind do,j s off-lea sh , comprom ise already exi sts . Who is in the sp irit of compromise when one side is ask ing to restrict oplt!.!n~ and the other side is asking to simpl y to preserve their opt ions . The compromise ex ists now . Bu t I unders ta n,j tha t the re may be a need for co mprom ise furthe r and I th ink dog owners are willing to do that. but they are only go ing to be willing to do that and le t th is issue go away , if the co mprom ise is reasonable . So le t's look at th is issue of the hours compromised as is proposed . These hou rs completel y do not bear out wi th the patterns of park usage . Myself , I typically use the park between 5 and 7 o'clock depend ing on when I get home from work and before I cook dinner. Over the past coup le of weeks , I j ust started th ink ing about who is using the park when I was there . Af ,, fo r example , on September 24 " I was there from between 5 and 6 pm and at one po int when I counted , there were 14 people with 16 dogs and prec isely nobod y without dogs ,n the park . Three days later at about 6:30, there we re 12 people with 15 dogs and 6 peop l• with 5 kids . A couple of days after that , at 6 o'clock there were 1 0 people with 1 '. dogs and three teenagers playing on the playground . I dr ive by Jason Park almost every day on my way home from work and when I drive by , typ ically , there is a dog owner present. Very often there are more dog owners than there are people using the park for othe r reasons and ofte n, th•re would be nobody in th e park if it wasn 't for the dogs . So , in the spirit of compromise , I would suggest to you that you make a comprom ise that ,s reasonable . The comprom ise as proposed is not reasonable . It does not bear out the pattern of usag e in the park and please let the people use the park . The people who overwhe lmingly use these pa rk s, wh ich are a fract ion of the total parks avail ab le fo r the City of Englewood , are peop le that are dog owners . Others use th e park as well , but there is no • doubt about that. But there is a comprom ise that exists alread y. If not , figure out hours that wo rk. On e suggest io n that I might ha ve to you is to spend some more time to study to the is sue . Talk to loral unive rsi ties , I bet yo u would find some pro fe ssor who teaches parks and recreation who wou ld love for their students , as a class project , to come and actually do a scientific study tha t doc uments park usage .so that you could make a co mpromise that is based upon how peop le actually use our parks . You have got to get thi s compromise right. If you don't, the issue is not going to go awa y. The co mpromise as is proposed now, will not silence the issue . I can sreak for myself and I'm betting for many other dog owners . that we will be here bothering you time and time aga in, hum bly and apologet ically , but sa ying , please let me use j ust a couple of the parks at a time that wor ks for me , at a time when ii works for other people , at a time that Is borne out by the patte rns of usag e that people in the park actually use . Don't shut down the park and emp ty them out at 5 o'clock on most ~I our busin ess days . It won 't work . It does n't represent a compromise and we have already got a compro mise in the sys tem as it is now . Thank you very much for you r ti me . Ma yo r Woodward sa id thank you. Dan ie lle DelaMa re , an En gl ewood resident , sa id I am a grad student. I'm working on my PHO and I'm work ing on my dissertatio n all the time , writing , writing , writing, reading , writing , writing , reading and my little dog pa tiently sits there and waits for me every da y to take he r to Jason Park. And so every day , I take her to the park and I ho nes tly don 't know what I would do wit hout th e par k. I need th e park for my own social outle t. I need the park to visit with oth er dog owners and she nee ds the park so she can get the exerc ise and so tha t she can , you know , hang out with the other dogs . It is really , really important for us to keep Jason Park an off-leash park . And I have to say , I hat e the hours . I go during th e day . I go when I need a brea k !rem all th e work that I'm doing . And I'll walk arou nd , I'll run around with the dog . You kno'N , we will run around m circles . And very rarely when I go during the day, are there non-dog owners ... very rarel y. There are times when I will go in th ere and th ere isn 't anybody else . That doesn 't happen a lot , but most of th e lime , you know , there are few other people the re and those people that are there, are other dog own ers , at least during the times I go . Like I sa id, it is during the da y, it is weekdays ... I don 't see other people who are not dog owners . And I have to say, there is j ust one litt le story I ha ve. I once met a man , • and I don't know if he is here , he told me he woul d be here , an 88 yea r old man who co mes to Jason Park very frequently and he will sit in his tru ck often . If some body moves the pic nic table over for him, he will sit on the pic ni c tab le so he doesn 't have to walk very far fr om his car. And one da y I was talk ing to him and he said that he goes the re to watch the dogs play . He has such a goo d time watch ing them play . His wife just died and he really just Englewood City Council October 5, 2009 Page 8 wants a place to connect with oth er people Those are things that I want you to know And aga in , honeslly , I don 't ,aow what us dog owners would do without Jason Park Thank you , Ma yor Woodward said thank you . Jill La Pier , an Eng lewood res ide nt. said I am here to talk aboul the park of course , but one th ing I want to bring up is I seem to be the star of YouTube and Although I am not the least bit happy of 1t, ii was done very de ceptive . The video was edited . It is not accu rate . Martha was the speaker so Martha has to be behind this video . And so the refore , I can no longer trust Martha 's words . I d0n't know where she got all her backup from the hearings that she has gotten , but know ing what she has done to me and how deceptive that vi deo is, I know I cannot and will not ever trust Martha . As far as the hours go , I need to tell you that the hours are going lo be very hard on some of us . Like last night , I was a·s!eep at 8 o'clock , so these hours are going to be reall y hard for me , as well as many others . And also the lighting at the park is so bad . They only have pretty much one light, that if I'm there and I'm ·, , , ,, I'm alone , If we onl y have one light , it is going to be real hard to walk around the park after dark with no l,~rH because we. have heard of females being chased or , you know , stalked at the park , so that really does bother me . Also , if we are walk ing our dogs in the park like that at night in the dark , we are not going to be able really see where to pick t'1ings up and that is go ing to be bigger problem for Martha and her friends . So , I would like to just keep the park c1 -:,an and be able to seu what we are doing . So , if we do have to hav e late hours such as that , we are going to need to tal k about ligh!in9 next. And that is all I have to say . Thank you . Mayor Woodward said thank you . Matthew Crabtree , an Englewood resident. said good even ing , Well we are in the mid dle of an economi c recession and I know Dary l talked about this so I'll just be quick . We are looking at a shortfall In the budget this year that exceeds 3 million do ll ars . We have a projected shortfall that exceeds 1 million dollars fo r ne xt year. We got an econom ic deve lopment disaster going on at Broadway . We 've got businesses moving out left and right and here we are again talking about dogs . II gives us a common thread though that is being discussed here and I am go ing to take a little bit different npproach on it. This time thing and I'll call this a do not hing approach to the solution . I don 't see .. ny poss ible way that this can be enforced . It is go ing to be a prob lem again . It is going to be before Council. We are go ing to be spending more time on this . This Counc il has spent more time talking about dogs the last few years th an they have talked about the budget or talked about encouraging businesses in th is commun ity . Th is is a problem . And one thing that hasn 't been discussed tonight is there is a dog park . The Canine Corral is a dog park . This park was designed for dogs at a con si derable expense to the City of Englewood ... well over $200 ,000.00 . There Is a proble m with that park apparently because people aren 't using it. People are using the parks , Jason Park , Centennial Park ... these parks . If there wasn 't a probl •i m, then this wouldn 't be a problem . But I guess if there is a problem with that park , let's fix it so th at these parks , Jason Park , Centennial Park , can be equally used by everybody . I en vi sion these parks , well hopefull y the way that they were originally provided for the peop le of Englewood , as a promise and a repla ce ment for the r.1ain City Park when Cinderella City as buil t. These parks are for Rve rybody in this co mmunity and should be equa lly used . We shouldn 't be segregat ing one side to another side , you can use this park , you can 't use this park , because there are people who live near Jason Park that I've talked to specifically that can't use th is park , that don 'I feel comfortable around lhe dogs , And I feel the ir rig hts are bein _ ,iolated . Now there are rights for the dog owners , sure , I totally agree with tha t, bul they can still take the ir dogs !he re on leash . There is Canine Corral wh ich is designed for an off-leash park . If there is a problem with that , let's fin d ou t what the proble m Is and ra ise th e money . We don 't have the money :n the budget righl now , bul let's ra ise the money throug h some wa y. I mean , Englewood Un le ashed Is great at raising fund s. Le i's ra ise some mone y, fix the problem at the dog park , then they 've got somewhere to go . They can do their socializing there. If th ere is a need for anot her dog park after that , ra ise more money. There is obviously an inte rest here , otherwise these people wouldn 't be here . But let's slop talk ing about th is during City Council meetings . Lei's start lalking about lhe three bus inesses that we just lost on Broadwa y and start ta lki ng about fixing the budget. Thank you . Mayor Wood ward sa id thank you . Cassy Allen said I am kind of a rebel rouser so st ick with me , Lei's remember some history toy elh er. After September 11 1 " a group of 1r1ilitant milit ary , Clvilian and pol itical pundits went to our president and ins isted that there were weapons of ma ss destruct ion in Ir aq . We must sta r "ar. We must stop thes e wea pons of mass • • • • Englewood City Council October 5, 2009 Page 9 destru ction , so the y don 't rear the ir ugly he ads aga in , so we did . And we kn ow now th ere were no weapons of mass destruct ion , but we had bad , sel f-serv in g intell igence . Where is she g~ing? There are no weapons of mass destru ction in Englewood 's parks . How did we get here into" is conflict ? r'irst a small self-serv ing number of people succeeded in conv inc in g you , c ;ty Council , that these weapons of mass dest ruc ti on exist. .. dogs are runn ing rampant, the y are pooping everywhere , children are be ing threatened .. ,by us ing man ipulated video , conjured sta tist ics and false threats . They succeedeo ,n convincing Cit y Counc il that these weapons of mass destruct ion must be stop~cd. Ne xt, the C,ty Counci l simp l)' abd icated its job by deferring to Parks and Rec in order to avoid having to take a stand . Some of you .. ,•n oppo~iti ~n to the very platform s that you ran on . Wh y? So you can , when question ed in a pol itical cl imate , sav t•·t th is comµ,om ise was supported by all t11e part ies involved ... by ignorin g your own data from law enforcement , Code Enforcement , aid the Parks Department , you still choose to bel ieve that the weapons o' mass destruction exist. So we have fal,.e Intelligence and an unwillingness to take a hot political stand . Next , the very group with whom the City Co •Jnc il, and al l other departments in the City have been cooperating , was presented with a choice .. ,a compromise . Why a compromise ? We don 'I have a problem . Be ing forced as a group , Englewood Unleashed , to come before th is Counc il with our pitiful hats in our hand s, begging for your crumbs , is indefensible . Eit her we stand for these off-leash parks or we cave to bad in te llig ence and if City Counc il wants to wash their hands of a political is sue and we become Englewood Unleashed between 7 and 9 am , We are not convinced these weapons of mass destruction exist and we don ''. understand why you never q:.:estioned the origl nal compla ints . There are no weapons of mass destruction . We have not!ii ng to comprom ise or apologize for an d we want the parks to rema in leash free . Thank you . May or Woodward sa id thank yo u, Justin Farber. a Oenver resident , said I am a frequ en t user of the 1Jog park , I go there three or four time s a week . I really look forward to bringing my dog there . There is a whole dog culture there that will be destroyed with these proposed hours . Pretty muc h, they are just go ing to be defacto ... and the dogs ... I mean , who is go ing to go th ere • that lat e. I agree with the one who also spoke before me ... with there really 1s no problem . I drive by parks all over the timing and the dog people go there the most . That the other side is so upset with th is issue , only sugges ts how much dog owners are actually using these parks . I agree also that it is j ust a compromise . I feel like that there ... we are ingra ined in our society to make compromises ~nd be fa ir. That is not how to decide this issue . The best way to decide this issue is the best use of publ ic resources and I think everyone spea king before me speaks for itself, Almost everyone here is for dogs . We want the ae for dogs . If you guy s µrepose these hours or really make an y changes , you are going to be destroying publ ic g0od just to sa ; that there was a co mp romise . It won 't be doing anything better for society or for the area . There ~•-,-all the vl her dog parks . I drive 15 to 20 minutes in traffic to go to Jason Pa rk. Can ine Corral is too far for me . Tile i •ct that I am willing to drive th is far to go to a dog park there and back after work sug ge sts how much I enjoy go ii:,; there and how much it means to me . If the other people wanted a park so bad , they would spend the 5 to i :, 111'nutes to go to the ten other parks that were listed . So , I just don 't see there is a problem and I th ink they just... the other side .. , wants a cause . They ju st want to make someth ing up . I don 't really know what their deal is , But often times I go there and there are people playing soccer in the bac kground and the dogs don 't even bothe r them , It is a mult i-use park . We can 't appease everybody just because they are afraid of dogs . I mean , people are going to be afraid of things and that Is part of life . They sho ul d le ar,, to get over it and soci aliz e in the se dog parks to help people learn to get along with dogs and you kids can come there and not have these fears , So , that is all I have to sa y. Mayor Woodw ard sa id thank you . Ryan Kramer , an Englewood res id ent , said I use the pa rk probably like three times a week , I wa >t to tal k about th ings thal I see , things that are good abo ut the park. I have neve r seen an aggressive dog at the park , not once . I've seen man y of you at the park , 11tiliz ing th e park, enjoy ir,g the park , exercising the dogs and it is a great social outlet for all of us . We educate each other 's dogs . We educate each other. And it is really a sharing place for commun ity, One th ing that I don 't see at the par k, Ive neve r seen more than four part ies with children in the playground , but I've seen up to 16 parties with dogs . So , the use is definitely more for the dogs and for the people who are utiliz ing it. The ab ility tor us to exerc ise ou r dogs decreases an1 1ety within our dogs . It soci alizes our dogs • and it creates a calmer situati on fo r our dogs , It is go ing to redu ce aggress ion in om dogs , And I th ink a lot of us use the parks to avoi d that aggressi on and we have the opportunity with Jason Park at an y time of the day lo use tha t park . I am not able to use the park after 7.30. By 7:30 tonight , it was too dark to find the ball , to throw the ball , to play with the dog . So, then by 8·30, it is go ing to be too dark to find the dog , (There was laughter) And I do Englewood Cl!y Council Octrber 5, 2009 Page 10 agree lhat by 7:30 or 8 o'clock, we are not go ing lo find the peop les either. So , we do need th e park. We do util ize the par k, our dogs need to ut ilize th e pa rk, II does offer us communi ty with in our commun ity and I th ink tha t is real !y important. So methin g that someone else addressed was the fea r. And wh en we make cons iderations for sma ll group s of pecple who are in fear , we end up limit ing the peop le who are uti liz,ng , enjoy ;ng and taking the 'Jpportun ity to grow in our commun ities . Than k you . Ma yor Woodward said thank you . Colleen McManus , an Engl ewood resident. sa id Honorable Mayor , City Council thank you for listening . I r,ave two letters that came from Eng lewoo d residents : Keely Sugden and Jennifer Enger who could not be here today and asked me to present them to you . They are both against the suggested hours that the City Council has proposed . She submitted the letters to Counc il Ms . McManus sa id first I want to touch on a point that Matthew Crabtree stated about having Can ine Corra , as a dog park . One of the reasons that Canine Corral was created was to hel 0 move dogs from Jason and other multi-use parks , with the understand ing that it would mitigate park usage wh ich ,t totally has , but we don 't feel , or I don 't feel , that Canine Corral could handle all of the dog park users If we were just limited to just Canine Corral . It is just a po int to make . I also wanted to say on the record that I agree with Alice , jean , Jodi , Dan , Dan ielle , Jill , Cassy , Justin and Ryan .. all of whs: they said , They brought great Information to you all and I hope you really take it into consideration . I also wanted to Just note a couple pote 0 tial ramifications to think about , that we included a list of in the packet that Englewood Unleashed presented to yo •. ast week and just of thin,.; that we have done today , but some of them are : setting hours will become a bigp er issue , compla ints will arise from the dog owners, which are the majority now , rather than the minimal oppositi , , comp la ints that you are currently are receiv ing , It is not safe , espec ially for the handicapped and the elderly and families with small children and dogs to be limited to suggested hours . due to the dark and cold temperatures . Lim ited hours will &dd park maintenance to the City , including garbage cleanup because we will be .. , I just don 't foresee brunches and park cleanups coming from Englewood Unleashed any more if we do have the limited suggested hours . And then with more niles, Code Enforcement will need to be increased , however, they are already over extended and find it hard to even find time to mon itor the parks today . So . that is my two cents , 1 guess . Thank you for all your time and effort through this issue . I am so extended and taxed because of it and as I am sure you all are too . And I am really looking forward to a decision being made . Thank you . Mayor Woodward said thank you . Dana Foulks , an Englewood resident, said good evening Counc il. What I have ton ight is kind of a philosophy type of speech , At a high level , I bel ieve this comes down to the difference between exclcsive and inclusive . The United States has always had internal battles about one part of our society excluding other parts . Though these struggles continue , America is ~ettiog better at inclusiveness ev ery day . I don 't understaad why we want to go from parks that are used by all , to parks that ex:lude a certa in type of people . It is r,ot unde 1sta01dable why some people want to sit at home and be hap n with the knowledge that a publ ic park oesigned to be inclu~i ve is free from people who want to enjoy the park with the ir dog , Do they not real ize this means there will be "'any hours every day when the park will not be occupied ? In other words , certain hours set aside by dog owners means there will be times when the park Is j ust a large vacant lot, because no one will be there . So I ask the Ci ty Counc il and the p,,ople In attendance , do we want to be cons idered exclusive or in clus ive ? Shou!d a park la bel ed publ ic be open to the public at certa in limes or worse yet, closed to them? I would like to c!ose with th is quote : "what takes real sk 'II , im~lligence and determ inat ion and resui •c; in a better pla ce for eve ry one to live is the ability to lead by inclusion , to involve everyone and to harness the benefit,. of diversity .· That is from a member of the parliament of New Zealand . Thank you . Mayor Woodward sa id thank you . • • Barb Silve rman , an Englewood re si dent , said thank you City Counc il and Honorable Mayor, I have used Jason Par :: q"i!e a bit over the past few years an d I have :;ome major health problems that limit some places that I can go . I really apprec iate the comments by most of the people who have come before me .. Allison and Danielle espec ially . I th ink that...and also the gentleman who just spoke bsfore me ... Dana ... that we shouldn 't be excluded from an • area and given time provisions that are ne xt to impossible . I work nights . My hours are limited and really weird from when I ~an go to the parks . I ha ve neve r run Into a vi scous dog at these parks , but I unde rstand how toat co uld happen and where the se cc n plalnts co uld po,,si bly co me from . One da y I was at Jason Par k and a bunc h of • Englewoed City Council October 5, 2009 Page 11 kids ran out of the playground , over and up to my dogs wi!hout any idea how to approach the an imals . Luck ily the dogs I had were very kid savvy and went right to them . If tt:ey would have run up to a different dog than the dog I have now , that I have just gotten who is a rescue dog and I am work ing very hard wit h to soc ial ize properly , that would have scared that dog . He would have backed up , barked and probably scared the kids . He wouldn 't have atta cked them , he would run , but he would have been in a posture that would not ha ve been nice . II could have been a dog that didn't know dogs either, but because he had barked and gotten a little bit forward and then he would not ha ve run off. But somebody would have assumed that that dog could possibly have bitten someone . At this point , I am working with this animal because he is not socialized . Jason Park is a wonderful place where we can go and socialize our animals and have social act ivity with people who are in to what we are into . And I do not feel we should be excluded from that by time lim itations . I feel that there ... if it hac to become comprom ised , then yes, put better signs up . f believe Englewood Unleashed and people involved with that , the people that go and use it all the time , are doing everything they can to police other dog peop le that maybe just come by and say , oh , I'm just going to let my dogs out for the big run . And you know ... they don 't pick up after themselves . I go and pick up for them after them . I carry extra bags , I hand out extra bags . If I get in there and I don 't have one , I say to someone else , could I please have an extra bag , I forgot my bagg ies today . But usually I have way more than expected and I fill boxes and things like that with baggies . I believe that , you know, we stand up and want to . ,a have to police our own . I have a couple of Dachshunds . One dog may poop and I may not see the other one . would hope that if someone did , they would tell me and I would be happy to pick it up or if I missed it, someone would be like I do , I pick up pil es when I see them . And I th ink we do a very good job of that. Again it is a way higher pe rcentage of parks that don 't have an area where we can have them unleashed . And the Corral is a nice place . The re is not room there . It is not as nice ground to run your dogs on . I have one that is very crippled up and it is harder for him on the rocks and hard areas at the Canine Corral . So I just really feel that you a, e lim iti ng a lot and that is something tha, I have enjoyed about living in the City of Englewood that we do have off-leash parks and a place that we can go and work with our animals . And in training my own an imals , !he soc ial ization is huge there . And I really don 't want to see our hours limited . Thank you very much for your attention to this matter. I • think that ii needs to be taken care of so they do not have to pay attention to this matter , because it would cost a lot more to patrol these new hours . Mayor Woodward said thank you . Kim Ca~ile , an Englewood resident, said good even ing gentlemen . I must say that this is my f rst City Council meet ing that I have ever been to and I hope th is is my last... no offense . Something has got !~ be better than dogs ... but I am for the dog parks . I get up at 4:30 in the morn ing , I get ready , and I'm at work by 6. I work 11 hours . I come home and as soon as I get home I take my dog :o the park . Then I go home , take care of busin ess and go to bed . So these hours do not work . I mean , I've gone down to the Cariine Corral. I have been in there when there has been 100 dogs in there and I have counted 100 dogs in there . There are too many dogs In there some times so that I don 't want to go in there with my dog , it is too much . So , I go over to Jason Park and those are the two that I do use , but Jason Park , aga in, everybody is doing a great job of explain ing why we should hav e it. The one question that I do have , I know certainly you guys do go on a pic nic on occasion with your family , have you ever gone and sit down , taken a picn ic lunch down to Jason Park on an afternoon and watched? Would you consider it before the 19"? I mean , it is something to do No , really , go have a picn ic lunch on a Saturda y or Sunday and see what is going on . Check it out. And the lig htlng at night at Jason is bad ... there is one . And I have black dogs and I actually have orange collars with renect ive because at night I have been there , I havu to look with a nashl ight so that I can see lloeir collar where they are at . So the lighting Is bad after hours . So , I wish you would consider that. But I really wi sh y~u woul d go and check it out for an hour on a Saturda y or Sunday ... take a lunch , take yo ur fam il y, ta ke ,our grandk iJs, chec, it out. Than k you . Mayor Woodward said thank you . Rac hel Sh ields , an Englewood resident , said my house is connected to the park on the west side . My husband and I were born and ra ised in Englewood and we moved back to Englewood and specifically to the house we did because we knew that Jason Park was an off-leash park and we had a dog . We could have moved to Littleton or • wherever we wanted , but we wanted to live back in ou r home town where we were rais•d because of the dog park. I definitely understand the concerns of the pe1;ple who want the park to be on -leash only , because I am a mother myse lf but as a mothe r, myself, I go to Jason Park and Centennial Park once or twice a day , because I am a stay- at-h ome mom and have no problem tak ing my b&b y there and my dog and it is just a great time with me and my Englewood City Council October 5, 2009 Page 12 son and my girl. I ask the hours In th e winter be increased , if that is ou r only opt ion . I understand that the hours Au~ what you gu ys are considering . If that is the only way we can go, I would as k fo r wi nter hours to be increased . On days when there are blizzards , dog people are still there . It's trampled all down right after a snow storm. We are all alread y the ·, And I th ink I am the first one and there are 2G dogs already out exercis ing . So . you know, I think definite ly in the winter time , we are pretty much the only ones there all winter , and we are dedicated . We clean up the dog poop . We still have our brunches and if we are all forced to go to Canine Corra l, ii would just be a total disaster area . II would be so much worse than it is and I know that , you know , there are certain people who just want Canine Corral to be the only dog pa rk in Englewood and that woul d fix everyth ing . II would be horrible . So , I j ust would definitely say please let us keep our pa cks . Thank you . Mayor Woodward sa id thank you . Rhonda Kalies , a Littleton resident , said thank you for this time . I first started attending Englewood eve nts because Canine Corral opened . Prior to that I didn 't go to Englewood very muc h, but since Canine Corral opened , we have been drawn into the community beca use of the activities of Engle wood Unleashed . I've attended , nany events and we do shop there more now than we did In the past , because we feel a rart of Englewood . II has been very, very nice . I served on the Board for two years . I have done a lot of work to help promote the dog parks and help also prom ote responsible ownership there . I am one of the respons ible owners ... most of us are that I witness . I go to Canine Corra l in Englewood , attend , as the others have said , after working the hours would be a little bi t difficult for a normal fam ily to get out and exercise and socialize their dogs . So , I want to rein force that point. Tha other thing is, I read an article recently and I apologize for not doing my home work and thinking about this previous ly , but it S8'ams to me that I read this article that communities are looking for things to attract residents to their communities and dog parks ... having de~ parks is one of the crown jewels that communities are looking for . Other communities in our area are actively seek11 ,;; •o open up dog parks and have more off-leash pr ivileges to attract the residents . • So I think that is a val id point to bring up . The only ~!h~r th 'og I would like to state Is th is enforcement of hours is going to be very , ve ry difficult. I agree with the other people tl•at have been up here speaking in that we ha ve • encouraged Code Enfo rcement to co me along and to help us ,in d support us and make surprise vis it s. I know that we have called to have Code Enforcement and the police help to enforce our rules , because we value our parks very , very much . I feel that it would be much easier to enforce as a society the signage and the rules that we have, as opposed to imposing •more rules that we are not going to be abl e enforce. I just think that it is trouble In the future . Bui anyway , you will rule wisely . We will follow what you recommend and make that work as well , just like we have made Canine Corral work . And good luck and if you have any other questions , I know that you will call on us . Than k you . . l,layor Woodward said thank you . Geri Hughes , an Englewood resident , said I have lived in Englewood for 65 years . We have been in our home for 40 years and it is right next to Jason Park . We no longer have a dog which we had always had , but 8 years ago my dog died and never got another one . We have never, ever had a problem with any dcgs at that park . In fact , in the evenings I work at the South Restaurant and have worked there for 25 years , but when I am home at night , because I work nights , when I'm home we enjoy sitting out there in the yard and watching the dogs . People bring the ir dogs . They play bal l. They tra in them . You know, it is interest ing , we have ten grand children , two great granoch il dren and the y have all played at that park. We have neve r had trouble with a dog , ne ver seen a dog fight. I just don 't see what the problem is. The one prob lem that they do have is hav ing the hours so late . I get home like at 11 o'clock at night and most of th e time ... that one light that they have out there is not even on . As I drive in the dr ivew ay many times I see it flash off and it doesn 't come back on for at least another half hou r. I don 't see how people can walk the ir dogs out there in the dark . You know , we don 't have a, what you call a violent neighborhood , we don 't have any big problems . The one problem we don 't have is a dog problem . Now I just wish the Council would stop and th ink about all the people that go th ere and they meet people . It is just like a neighborhood party . Many times you see groups of people standing out the re talk ing . Now I just wonder what you th ink about that before they vote against it. Thank you . Mayor Woodward said than k you . Karla Archuleta , a Denver res ident. said I am not an Englewood resident and I live less than two blocks away from Eis enhower Park , but I cannot utilize it as an off-leash park I have a two year old , very hyper English bulldog that • • Englewood City Council October 5, 2009 Page 13 loves to run and be off-leash , chase balls and just play with other dogs and I can 't do that there without hav ing risk of a ticket of $75 .00 or more . So , we have gone to Can ine Corral a lot and she is white and when we leave from there , she not while anymore . She is very cute when she 's clean , but we always have to have a bath after we go home . I never really took her lo Jason Park , because I thought , the far.I that ii not being fenced and there were ball fields and things like that , I just thought that was just rid iculous . Bui I took her there the first time and she did wonderfully . She didn 't go into the park ing lot. She stayed away from the ball fields and just proved to me how much I can trust her and how much she trusted me in be ing her owner and how well I had done in actually tra ining my dog . So , Jason Park Is actually helps me in learning how to train my dog , get her voice command controlled . she doesn 't go with in 30 feel of me without turning around making sure she sees me and if she doesn 't see me , she almost panics and comes running to find me . For responsible 1og owners it is awesome and it is unfortunate that there have bee n some bad decisions made from certain owners to make ii such a horrible experience for the ones who take care of the ir dogs and actually enjoy the use of parks . I hope this all goes well a~d you hear all these wonderful po ints that have been made th is evening and that you will listen to the majority that has shown up so far ton ight. Thank you . Mayor Woodward said thank you . Jaxine Hensley , an Englewood resident , said I would just like to say that I think people from 1 to 100, with or without animals , should be able to enjoy the publ ic parks , that we all pay for with taxes . year round . Centennial Park is busy with people no matter what season ii is . We have baseball , soccer, rugby, football. .. we have people out there playing volleyball . We have fishermen almost 24/7 year round . I don't know how they do It In the cold , but I see them out there because I can see the park right out my window . We have a hill that the little kids come and slide down whenever it snows and they are a lot of fun to watch , but they always say , ,ve have to watch for landmines . I thi nk the hours that you all originally set seem very fa ir to everyone . I would like to see maybe the kids have a little more time In the winter, in our park especially, beca.,se they do sled . I thank you for all the lime • yo u've spent or, this and look forward to what you decide . Thank you . Mayo, Woodward said thank you . Dorothy Haefeli , an Englewood resident. said I am for dogs on le ash , as you well know , but I think you 've worked long and ha e~ on these hours and they ., ·m lik e a good compromise to me . And as these people spoke , I never heard a one of them say lhPt they couldn , put their dogs on a leash . If they can't find ii after dark, I think they better put their dog on a leash and know where it is al and keep our parks for people and children and dogs if they are on a leash . I guess if you can 't do that , then these hours are a good comprom ise . Now , I )ust read in the papers yesterday about the attack on this Adams County woman by two dogs , ne ighbor dogs . These dogs ~as also never been reported to the pol ice before , but they got out of the yard and th is woman was going for her ma il and they altacked her and tore her up . She was hosp italized and then had a heart attack . I guess these dogs off- leash people would just say , well those are bad dogs . Well they were bad dogs that turned out , but nobody had ever reported tha t they were bad dogs before . So ii can all always happen . People , your dogs are around othe • dogs and othe r people , whatever . So , think about that. And thank you very much for your tim e and all the effor, you have put into this . Thank you . Mayor Woodward said thank you . Emme Putnam . an Englewood res ident , sa id just a couple of points . The idea of inclusive and exclus ive , It seems to me that our parks are inclusive and not exclusive . We include the residents of Englewood , wh ich is why the parks v·ere bu ilt and we also include dogs as long as they are on leash es . I don 't see the exclus ive aspect that was referred to earl ier. Also , I love dogs . I've lived with dogs my whole life and most of the peop le who have spoken ahead of us who are for off-leash , ma ke ii sound like all dog owners are th e same and all dog owners want unleashed dogs in some of the parks . I have had dogs in Englewood and they have never been off the ir leash in any park and yet we run and walk and the y ge t exe ,clse and they meet other dogs and they socialize so , you know , it is as though all dog owners are for hav ing unleashed parks . I know that Doroth )' 's another dog owner and • Jaxine , and both of them would ag ree with me . We had dogs , we are dog uwoars and we like our dogs to be leashed . Also somebody sa id earl ier , I'm sorry I don 't know the names of th , ~ople that spoke , but that there is no problem , and that is simply not the case . Maybe in Jason , I actually respect the diehard Englewood Unleashed people , the y do seem to be very responsible and car ing for the ir dogs and the messes and all the rest of ii, but Englewood City Council October 5, 2009 Page 14 unfortunalely there are people who do not behave lhat way and people who let their dogs ou t and don 't regulate them at all . And there have been many inc id ents that were very unp leasant , scary and damag ing and many , man y, many dropp ings that are no t pick ed up . So Iv say that there is no problem ... maybe it's because in Jason Park that is where Englewood Unleashed is concentrated and those are the responsible dog owners . In Centenn ial Par k that is not the case . There is dog poop all over that park and even on benches where pea~:~ sit. So it's not qu ite as rosy , at least in our park, as maybe it is in Jason , I don 't know, although I guess Martha wuuld disagree ... beca use I kn~w that she has had unpleasant experiences in Jason. Anyhovi , I do wanl to say that I appreciate all the work and it does seem like an awful lot of work for dogs , but the parks are primarily for people . Just remember tha t. And than k you for your time . Good luck . Mayor Woor.ward said thank you . Lisa Crammer, an Englewood res ident , sa id I have lived in Englewood since 1984 . And prior to Jason becom ing a multi-use park , actually four and a half years ago ... I never went to Jason Park . I go there strictly with my dogs and it is to social ize them , but it is -ny soci al time . II is the only social time I have . There are people lhat don 't clean up after the ir dogs and that is why th ere are people like myself and people that I hang out with that clean up after their dogs and apparently we must need to come to your park . I've never been to Centenn ial Park , so I think I will go to Centennial Pa rk with my bags and go pick up some dog poop . I just wanted to say that I agree with the majority of the people that have spoken before me . The time is not going to work for a lot of people . I'm semi-flexible . II wiil work for me , but I don 't particularly care for it. I don 't think we have a problem in Jason Pa rk as it has been made ou t. I have nev~r seen any problems when I have been there . If there was a problem between dogs and children , then I would be on the side with the children , but let's be real here . Bui that is all I wanted to say . I agree with Colleen , Alice , Dana , Dan , Justin and the list goes on and on and on . I do want City Council to know that I do appreciate all of the time that you have spent and your efforts . I hope this can be put to rest finally . This is the second time that we've all been here , or at least that I've been here going through this ... two years ago . So , if we can all make everybody happy , wh ich I th ink we can , that is the best way to do it. Thank you . City of Englewood Is a great place . I shop he re , I live here , I vote here and I even work here . Jim Crammer , ~n Englewood resident , sa id I just want to say that I'm for this off-leash park at Jason and really anywhe re in Englewood . Th is has been a really great th ing , especially for ou r dogs and my wife . She is there a lot and I get to go occasionally . I just really think that it is a really good thing that we have someth in g like this in our City . I do th ink it is attractive to bring othe r people to this City . I don 't see the problems , at least at Jason , that some people talk about. And I would just like to see it stay the way it is . I think that the times that are scheduled , I think it is really going to be tough for working people to get there and ut ilize that park . I would just like to say that I'm for It as far as having an off-leash park . Thanks for your time . Mayor Woodward said thank you . Brenda Hubka , an Englewood resident , sa id thank you for your time tonight. I'll just try to only add and not re iterate . Th is year I adopted two rescue dogs from the Colorado Humane Society who would otherwise have been euthanized . II is very important for me to get them exercised and I tried running with them on the leash , but it is not very easy . And I tri ed three times to take them to Canine Corral . They just hang out at the gate , they want out of there really bad . I think it is the enclosure and too many dogs and there is no grass for them to rub the ir head in . So , I do think vie need to compromise though at Jason Park and the hours aren 't too bad of an idea , except for 7:30 is pretty late for a single woman . And I will bring up for the first ,me ronight that if there is going to be a comprom ise , I think thal it is a very valid roncern for children ar d picnickers to be safe in the pic nic area . I th ink it is a very reasonab le solution lo pul a gale around that area just like Cummins Park . I know It hasn 't been brought up tonight and we are only discuss ing the hours , but as you know , the hours are already controversial. I have lived here j ust 9 years now , but my parents wenl to Englewood High School and my grandparents , they all lived here too . If they were still around , we could as , them what the origi nal intent of these parks were . I arn pretty sure that my grandmother would actually side with Dorot hy . She doesn 't much care for dog poop and having to step in It. • • Doris ... she would just let the dog run all over the place . But those were different times , cen~inly not with the po pulat ion we have now, and a lot c! ~:ople need so man y dogs . So I hope you will just take in to consideration , • you know , th is is a different kind of com mun ity now . Thank you . Mayor Woodward sa id than k you . • Englewood City Council October 5, 2009 Page 15 Kim Love said gree t,ngs Hon orable Mayor an d City Counc il members . As yo u kno w I am Pres ident of Englew ood Unleashed . I am la st probably , but certainly not lea st bul do appre ciate your lime lh1s even ing even tho ugh we are runn ing late tonight. As most of you know, as I sa id, I am Pres ident of Englewood Unleas hed , we are a non -p rofil Tille I 3C group that raises mone y an d educates people about proper et iquette with their dogs in the off-leash park s like Jason and Centennial . We know that all of yo u are famil iar wit~ lhe good work we do on behalf of our members and non-members al ike when ii comes lo the off-leash priv il eges al our pa rk s. We have , by the way , alw ays referred to the parks like Jason and Centennial as mult i-use parks with off-leash rrivi leges . Approximately 53% of Englewood Unleashed members are Englewood residents with lhe rest being other metro area residents . Our survey that we completed recently , and I believe you all have it in your packets tonight , included EU members and other park users . The overwhelm ing majority want to keep the parks as status quo , or as is . But we too , are realists and understand the true meaning of comprom ise , so that both groups can co-exist. Several Council members asked us to state what we would accept as a minimum comprom ise . We th -.refore make a formal recommendat ion as our number two choice that these hours be 6 am to 11 am and from G pm to 11 pm seven days a week for the spring and summer. And th is aga in is in your packet. This is really a very fair proposal and extends the hours beyond the sta rting point that you had originally proposed for th is vote and is a fa ir compromise to all parties . The opposit ion wi ll also like this proposa l. You also recommend signs that state 'no dogs allowed on the playground or in the pavil ions al any time'. Also we would like to see winter hours from October through March as being 100% off-leash as these are months that we know that we are often the only group in the park . Tne hours we respectfully submitted are a fair comprom ise for all use rs and we need to point out that Englewood Unleashed organizes a brunch and a cle anup every two weeks . Since these days fall on either a Saturday or a Sunday , and usually start around 10 am , depending on the time of year , obv io usly in the winter they start later and in the summer they start earlier to avoid the heat. We request that this be taken into consideration when setting the off-leash hours . As stewards of these parks, we have a large group and also we take care of the parks , both for the city and the citizens are benefiting Englewood Unleashed because we work hard to keep the parks clean . Some folks miss • their dog droppings and we all help to catch the ones that get missed . Since our group brings their dogs to the par ~ during these cleanups, we set an example for everyone . So , the hours need to be considered as someth ing important because our group does go to pick up the droppings ... ln 'dit io n lo the ones that get missed . I was alive in 1961 and remember now a very famous speech by John F. Kennedy and he asked ·not what your country can do for you , but what can you do for your country ." We ll this is as timely a speech as it was then ... as is now, , , :! was then . So what can we do f , our City , not what the City can do for you . Eng lewood Unleashed is the embodiment to this statement. We give a lot lo Eng le wood and the parks . And Ms . Griego 's group Is still only interested in what the City of Englewood can do for i hem . They have gi ven all of the ultimatums and disrespect. Again I say , when is the last time th is group gave anything back lo the City? In reference to Mr . Crabtree , he sa id earlie r that there is nothing wrong with the Can ine Co rra l to us~ for dogs . We overwhelmingly disagree . Canine Corral is very heav il y used and so 1s Jason Park , so there is a reason to bring dogs to Jason as well as the Canine Corral . Some peopl e, in fact one of our Board members , has a dog named Snoopy thal is much smarter lhan anyone on the Board . Th i; dog is a great dog . It gets along with dogs , runs around and plays , but unfortunately can 't be trusted in a park like Jason , because he will run off into the street. So , the park like the Canine Corral is necessary because certain peop le have to have dogs enclosed by a fence . Where olher dogs like , you know , many of our members have dogs that are under vo lre control and do stay in the boundaries that they should . Geri Heghes , who spoke earlier, who most of you know , who has been a long time Englewood res ident , mentioned to me that she never was asked lo sign a petition keeping Jason off-leash . We have heard this from man y people bordering Jason Park and have never see n or heard from the group and have never been asked to sign a petit ion , so we question the validity of such a petition and especially the vide o which we believe was edited 10 show what they wanted lo show , not the real facts . What defines a family? In these days , dog s Jre members of the family and most people have dogs and ch ildren and cons ider the dogs as members of the fam ily . So , the family members , includ ing dogs , shoul d be able 10 use the park ... Centennial and Jason and the other par ks that have off-leash privileges . Lastly , if a compromise can be reached , we would strongly urge City Council lo adopt the EU suggested proposal again in your packets for the hours we ment io ned earlier. This is not only a real comprom ise , but it works for bot h sides . Than k you for your time tonigh t. • Ma yor Woodward sa id than k you . Martha Griego , an Englewood resident , sa id okay , I wasn't go ing to talk , but after hearing eve rybody from Engl ewood Un leas hed and other people talk , I decided to ceme up and do my little sp iel here a~er laking notes . Englewood City Council October 5, 2009 Page 16 First , I would lik e to say , I don 't really want to ta ke th is personal bu t you know , all you guys , I've had dogs , oka y? I've had Red Dobies . I know wha t it's like to have a dog , okay . So it is not like we don 't want your dogs to be in the park . We don 't care if they are in the park , but we want them to be on the leash . And as far as the kids be ing around bu : you never heard anyth ing , you never seen anything , well let me tell you , I would rather be at home watching my Monday night football than being here , okay . Because when the dogs start coming alter my grandbab ies, that becomes a problem . So if you guys weren 't there , so , you know that Is someth ing that you guys got to work with there . And as far as about the video and the petitions , well you know , if I don 't go to your door that is probably that you wr,ren 't there and I'm not go ing back and forth to your house and make sure that you are there or not. I did what I h~d to when I had the time to do it. I was work ing and I had other things to do bes ides go ing door to door to maka sure that you guys are there . So about the compromise , now you know , to us we thought we were doing great. Englewood Unleashed sa id yeah , let's comprom ise on the hours . So , we said yeah . We talked with Centenn ia l people and lik e yeah , let's compromise , let's do the hours . Well now the compromise isn't good enough for the people of Englewood Unleashed . And so the community that signed the petition , I mean , we were asking for something different and when the hours came out... we agreed . Okay , you know , whatever hours you guys come up with as long as they are reasonable , we will agree . And that is what we did. You know , we brought you guys a lot of facts regarding dogs ... regarding how aggressive they can be , you know, the past mayor that was here , a dog approached them and we know ii was in the 7 newspaper , so if she lied and they lied , while sorry about that , you know, but th is is where I got one of the facts about that. And so to me , you know , we have to remember the usage of the park, okay , now they are saying there are more dog owners at the park . Well , yeah , that is because there are a lot of people around the parks that have not gone to the parks any longer because the dogs have taken over , so they don 't want to dea l with the dogs . And yes , there are other parks, Belleview , Cushing that I can go to , but if I live a block down from Jason Park , why should I go to all these other parks . I just don 't understand that , why I have to remove myself from a park that you guys orig inally built for people ... that was for the families . Your intent was not to build a park to have the dogs run loose so that way everybody can co-exi st. II was built originally for the families to have picnics , to have a good time . And so to me , that is ... I just can 't understand that kind of thinking , I guess, of how people are saying the park is for dogs . Well, yeah , I can understand Canine Corral. I mean I drive there two or three times a day down Windenmere and there are limes that there is nobody there at Canine Corral. And then there are times when I see a lot of dogs . But you know , that is not the only dog park . There is one over on Littleton and Bellev iew and it does have grass over there and it is about double the size of what Canine Corral is . So , you know , if it is minimiz ing , I mean , why is it that we have to minimize our lime at the park with our children when they want '·• have the park fully and they can also go down to Canine , they can go down to Littleton ... some of these people live in Littleton . Why don 't they use that other dog park? So you know, they talk about... well they can 't go there ·.erta in hours b cause it is dark and the re is no light, well you know they say they can't find their dog . Well , isn 't it one of the rules that there dog has to be under voice control? So why are you look ing for your dog when all you have to do is call your dog and your dog should be coming to you . So that is another point I have on there . Like the lady sa id about believing the kids , that she would believe the kids, well if she looked at the minutes when my grandbabies came and they talked to all of you guys . I mean , you know , I was surprised that they wanted to talk to you guys about how scared they were , how man, times that there had been incidences where they cannot go down the sl ide because there is a dog at the bottom of the sl ide , or an aggressive dog that came up aga in st us . So you know you really , to me, need to th ;nk about that part . And yes, there is a lot of people here that have the majority from Englewood because the other people that were for the dogs to be on leash have really given up on you guys and I told you guys that the last time , because they have a lot of belief in you guys . And they 've just given up that you guys are going to do what you guys are going to do no matter what they say . So you know, I am here because I am just hoping that you guys will still compromise and that we will still have ii to where there is a compromise of the hours so that people can go to the park . And I am talking about all of those people that have signed the petiti on that live in the surround ing areas of Englewood and Centennial. We are talk ing within · 1e blocks . We are not talk in g about we went down to Elali , Bannock , all those areas , it was j ust with in the !q, olocks that we walked it and we did it. We didn 't have an internet to get pet itions going . So the bottom line i ,ou know , to keep the hours as you have ind italed and go by what you guys feel In yo ur hearts and what the pa r •. are really meant for ... is ii for the dogs or is ii ·br the children and the families? Than k you . Mayor Wood , .rd said thank you . Michael Thor., an Englewood resident, said I like a lot of the points people have brought up ton ight , but I ar" sure you guys cou ld all give gold bars to everyone here if you cou ld afford ii and th at is pretty much what the oottom line comes down to . The City tries with the budget crisis and all that. I th ink that the price • • • Englewood City Council October 5 , 2009 Page 17 • you have 10 pay in overt ime and/or extra h,nn g of more Code Enforcem en l officers lo make these make these hours vi ab le , yo u co uld probabl y buy a lol of fen ces . I realize this is a presumpt ion , we 're not re all y suppose to discuss it, but I th ink you should discuss the co st of wh at this will do . The Can ine Corral co st $200 ,000 .00 . You are go ing to have to spend at least that to gel more par ks , bec ause Can ine Corral is way too smal l. But I would just lik e you to th ink of lhe co st. The Can ine Corral is way 100 sma ll. I th ink that maybe some of the problems in the ot her parks may be because the y're forb idden in Den ver and other cit ies like that , they just might not care and if their dogs crap in our City and it's not in the irs . So r-,aybe that is why the less er qua lities of the other parks exi st. But I don 't th ink this is a good plan . I have boxers , I'm out of shape , I can 't run behind my boxe rs , tha t's why I li ke the off-l eash aspect. You know , I j ust don 't thi nk the hours are a good id ea but if that is the way yo u gu ys are swinging , I would like you really th ink of the bottom line , of just th e cost. You 're going to pa y an offi cer fo r overtime , people are go ing to pa y your tickets , are the tickets go ing to cover that? And ma ybe j ust we igh that in the future before you give your decis ion out . Some other alternatives perhaps fencing or somethin g like that. Ma yor Woodward sa id thank you . Tracey Jones , a Highlands Ranch res iden t, said I am just here to talk about the bull dog issue thing . I apolog ize for Englewood Unl eashed and the people who are he re because they are the respons ible owners who do pick up after their dogs and who probably do have thoir dogs on vo ice control. Unfortunately , there are more pe ople out lhere who do not have the ir dogs on vo ice control and don 't pick up after their dogs . And I can even really ca re less if they don 't pick up after the dogs , I'm j ust... it kind of sucks whe n you go have a pic nic or a lunch at the pa vil io n at Jason Park or any other park and a dog comes up and sn atch es a sandwich out of your kid 's hand ... not very cool . It is not nice at all and what do you tell your ki d and after you j ust spent money at McDonald or someth ing on the hamburger . I know I've talked to most of the Councilmen ind ividually . We have had meetings and stuff and I don 't thin k that I have ever once disrespected yo u guys and if I have , please let me know , but I don 't think I have ever disrespected and I don 't th ink I have ever given you an ultimatum either . I know the community of Englewood and • oth er communities are evolving and chang ing and I've never ... I've talked to Joe Jefferson and me and him have tried to talk about where we cou ld bui ld another Can in e Corral in Englewood and somehow do ing fund raising money because it is expensive . And Englewood Unleashed is really good at rais ing the money . I know I play a lot of sport s ... to address , I don 't know her name , the second lady who spo,e from Englewood Unleashed , about how much money I've spent in Englewoo d. I spend quite a few dollars in Englewood eve n though I don 't liv e here . My bank is based here in Englewood and I shop here in Englewood and I do join Englewo od's sports and w~en you are not a resident , ii is quite a hefty fee . So I do spend my time and money and my kids spend a lot of time here in Englewood . Bu i I think the ti mes that you guys came up are a good idea an d I hope you sti ck with ii. And I thank you very much for spend ing months on th is Is sue and I hope we don 't have to come back to th is. So , ii is j us t... I just wanted 10 say aga in. ii is no t just abou t the aggre ssive dogs that are coming up to the kids or the elderly people ... it is the annoyance of them , of c~m in g aro und them . My kids , they don't fear all dog s, they have an America n Bulldog at the ir grandmother's house . And as you know , Amer ica n Bulldogs aren 't the nicest th ings just to run up to. So , th ey are used to be ing around dogs , b:,I it is just whe n the dogs approach them th at they have a problem with . The parks may not be used every minute of the day by the kids , by the families , but wh en we are there for 45 minutes or 3 hours during the day , mid-day , we would like lo know Iha! we were safe and don 't have to worry about dogs comin g up from behind us and both erin g us , jump ing on us ... even if ii is a playful jump , ii is not very playful to a kid when it knocks the kid over . Aga in than k you for your lime and again I apologize to everyone who is he re who has dog: end are very respons ible . because I know there are respon sible owners out th ere . I'm just talking about th e one s who are not and unfortunately , !he y messed ii up for a lot yo u. Than k you for you r time . Mayor Woodward sa id than k yo u. Anna Hunt. an Englewood res ide nt, said I moved into the co mm unity a couple of years ago . I'm o:iginally fro m Littleton . I work with victim 's ass istance in Den ve r. I also ha ve my own bu si ness . I wou ld like to say th at I feel embarrassed ah out the who le si tuati on. Ms . Griego ... ac d th ey are su ch a small portion of th e community to voice for tnis to have been created . II is a life of it's own . An d I th ink that wh at's most important is Iha! yo u hear th e word communi ty a lot and th e people from the dog park, this is th eir fam ily . I me an, you know , you are creating hou rs. II • is no ' goi ng lo wo rk . Tha t is the real ity . Ifs not going to .vo rk. Okay , you know , this ha s become a joke. Th is is my second l ime here and I've been silent . bu t I've had a lo! of people approach me from the park to sa y, yo u know , say'·' ,mething . And I feel bad for Ms . Griego because of yo ur tena city and your au da city . You r ene rgy could be sp•,nl m schools wo rking with chil dren, work ing with kids , put your energy int o some th ing usef ul. The dog pa rk? Enylewood City Council October 5, 2009 Page 18 Come on people , you know , let's get real here . You know . the dog park Is. you know , dogs are people 's fam il y. You kn ,,w, I come to the dog park . I have taken people lo the ir docto r's appointments . I ha ve listened to their crisis . I mean , this is my fam ily , yo u know and I feel co mpletel y embarrassed that , you kno w, you people ... the Council member ... you have to understand that we as dog people are the majority . We vole and I would like for you to understand that. Tha t we will mob iliz e. We will make sure that we wi ll hav e our vo ice heard . You are not liste ning . Th is isn 't going to wcrk . Compromise , no . Th is isn 't about comprom ise , this Is about the real ity. Ms . Gri ego and all your bunch .. it is lies . The fabr icated ... putting people on YouTube ... are you kidding me ? Come on people . You know , this is a joke and yo u know, I am go ing to continue to take my dog , we will pol ice our park . You peop lP. should be proud of the comm unity of peop le that are he re. Peop le come from all over Colorado to come to Jason Park , to come to Englewood . Yo u people should be proud of tha t. Stand by to the ma jo rity, the bigger vo ice in th is community , wh ic h are the dog people . Because it is our fam ily . And you know , we will cont inue to fig ht . And we will vote . So not to threaten you , you know , I'll run , I may sit here one day . You know wha t I mean ? Be cause , you ~now, I have a let of pass ion for this and I just can 't bel ieve that th is is tu rne d into something so ridiculous . So , you know , I'm just plead in g with you . Th es e hours won't work and as a sing le woman, if I am there at night , and anyth in g happens to me or any of my fellow women ... because there are a lot of single women with dogs ... l don 't think you want to read about that. I reall y don't. So , let's be reasonable and leave the parks status quo . We take care of our own . You know , trust us , you know , don't defeat us , be a part of us . Thank you . Mayor Woodward sa id thank you . Laurett Barrenti ne , an Englewood resident , sa id I agre e with all of you on some level here . I agree with you . Th is is a joke . It was a joke when the issue came up in 2003 and 2005 and 2007 and it was a joke that you got sucked into th is when they said , we want to comprom is e, we want to bring all those petitions and those people that are compla ining about these issues , it was a joke because it is the same th ing they did . Englewood Unleashe d proposed all of these time limits and everything last time . It wasn 't satisfactory to their cons tituen cy then and it's • not satisfactory now. It is a waste of time . It didn 't work last time , it's not going to now . You got suckered • in ... okay . Because then they went ahead and said , we will co mpromise and City Council can present th is. Most of the people on that Board up there went through this and they know it didn 't work . It can 't be policed , it can 't be enforced and it was never a vi able opt ion really for Englewood Un leashed and it is never go ing to be a viable option for the people who are trying to use the park with the ir kids and their famil ie s eithe r. So , I th ink , what we can end up agree ing on is that once again , th is faux waste of time to go ahead and wear the heck out of everybody , wear then , 1own and just have it come"~ again and it will come up again . It wil l come up again when T-ball season happens and when th e dog s are nmning around and interrupting the soccer games and th en it will become an issue again . and th en it will go a"ay. And unfortuna tely , the y have worn the othe r side down enough and I know that they have gotten personally attacked . I experienced enough of that myself and l'm sorry for that. I am sorry for th e other side that yo ur organ izat ion onc e aga in did a comprom ise o,. the intent or the proposa l that they were actu ally ma king a serious compromise be caus e ii wasn't. It was never going to wo rk. It didn 't before . Kim Lov e came up and made th e same speech in 2005 and 2007 minus the Kennedy thing ... I th ink that was new ... okay . So I apolog ize fo r that One of the things that I'm a litt le disappo inic d about is that the reason that it keeps com ing up Is because th ere is a real problem . There are som e issue s. May be it is no t to th e extent that yo u guys th ink it is but th ere are . The se peo ple didn 't ta ke the ir ti me and now for her lo com e down and mak e up stories about dog s be cause they want to go ahead and create havoc and give City Council something else to do . The y were real Iss ues and wh en th ose issues truly and honestly ge l ad dres sed about how these guys are go ing to work togethe r in th e park , maybe there wil l be a real co mprom ise , but this was nev er int ended to be it. And I'm sorry it was a waste of your ti me II wa s a waste of th is organization's time j ust as mu ch as yours . And I appreciate the effort that you made and I am sorry that you guys got dragg ed down he re fo r so methi ng that was ne ver going to be good enough for either side anyway So I agree with you guys . Th is isn 't go ing to work . II didn 't work last time and ii is not going to wo rk th is time . Thanks . Mayor Woodward sa id th ank you . Mayor Woodward as ked 1f there was anyone else who wan ted to speak during th e Pub lic Hearing . There was no • one . COUNCIL MEMBER McCASLIN MO\ ED , AND COUNCIL MEMBER PENN SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON A PROPOSAL TO RECOMMEND TO THE CITY MANAGER THE • Englewood City Council October 5, 2009 Pago 19 SETTING OF SPECIFIC OFF-LEASH HOURS FOR OOGS FOR JASON , CENTENNIAL , DUNCAN , ANO THE NORTHWEST GREENBELT PARKS TO BE EFFECTIVE JANUARY 1, 2010 . SPECIFICALLY : MARCH 1 THROUGH OCTOBER 31 -OFF-LEASH HOURS FROM 6:00 A.M. TO 9:00 A.M. AND 7:30 P.M. TO 11 :00 P.M.; AND NOVEMBER 1 THROUGH FEBRUARY 28 OR 29 -OFF-LEASH HOURS FROM 6:00 A.M . 10 11 :00 A.M. ANO 4:00 P.M . TO 11 :00 P.M. May or Woodward osked It lh ere was any co mment by Council at th is time . We will nol be debating this unli l our next mealing Council Member JeNe rson said I just want to thank everybody for com ing out and voici ng their opinio n. I know it can he exhausting and emotional fo r a lot of folks on th is Issue . I know a lot of times when you come to a publ ic mee ting like th is and expect o resolution at the end . Unfortunately . we are not going to have that tonight. We will have some discussions on th is and potent ially vote on a mollon two weeks from ton ight. Aga in. we appreciate everybod y comi ng down Mayo r Woodward sa id and I would also like to ment io n that this was the opportun ity for the pub li c to spea k and I have , at least on my list that I was numbering an d m~klng notes , 30 people that did speak , which is very , I think, representat ional of the community . Council nov, s In ex-parte communication , wh ich bas ically means that we will not be talking to othe r or talking to the public about th is issue , and at the next meeting , under guests, sched uled or unscheduled , we will not be considering test imony at that time . Testimony was at th is public hearing . Council Member Jeffe rson sa id sorry . Just a point of clarification on that Your Honor. So , I mean , somebody can make more general comments about the park , right , as long as It Is not , you know , particular to this particular mollon that might be coming forward , correct? City Attorney &rotzman said cmrect. The whole idea that the public hearing and not hav in g e,-parte commun ication Is everybody got to hear, the entire public got to hear this and there • was full discussion and disclosure so the Idea is not to have conversations after that because we want everybody to know why you are making your dec isions . Council Membe r Jefferson said but I Just want to clarify that It ls on the narrow .. City Attorney Brotzman said right. Council Member Jefferson said ii is on the narrower path than I th ink is belng ... it is just on these part ic ular hours City Attorney Brotzman said correct. Mayor Woodward sa id and I also want to mention that Englewood Unleashed provided something for our packe t last week that Is in the record and that there is also , In the record . a letter from Keely Sugden and Jennifer Enger. Vote reaults: Ayes · Council Members Penn , Mccasl in, Moore . Woodward , Jeffe rs in, Oakley Nays : None Absen t: Council Membe r Wilson Motion carried and the publi c hear ing closed The meellng recessed at 9:37 p.m. The meet ing reconvened al 9:48 p.m . with all members present. 11 . Ordfnancea , Re ■olutfon and Motions (a) Approval of Ord inances on First Read ing (i) Director of Finance nnd Adminlstrallve Serv ices Gryglewicz presented a recommendat io n from the Department of Finance and Adm in'strative Serv ices to adopt a bill for an ordinance approving the 2009 Mill Levy for collection In 2010 . He sa id I th in~ everybody Is aware that th is has been a long and difficu lt budget process . We 've had a number of times :., Study Session , starting In April . Co unci l got the proposed budget September 10th and they are required to have that . the proposed budget . by Septembe r ,s~ of each year. We had • a public hearing a couple of weeks ago on September 21st and then . as staff and Counc il are aware , we had a budget workshop on the 26" of September. Met again at last week 's Study Session and then jus t met briefly ton ight , just to go over the reconc ili at ion of the ordinances and the budget worksheet that the Council is ve ry familiar with right no w But th is part of th e budget... bills fo r ord in an ce s ... is the mill levy that is set in 2009 and Englewood City Council October 5, 2009 Page 20 collected in 2010 . For the General Mill tha t is the funds , General Fund activ ity is 5.88 mills and for the Genera l Obligat ion Bonds is 2.031 mills . Tota l mlll levy is 7.911 and I did, in my Council Communication , give an Illustrat ion of what a homeowner in Englewood with a S200 ,000 .00 >,ouse would pay to the City . And if you took a look at that , they basically , for General Fund activities ... the General Fund prov ides Public Works , Parks , Police, Fire , all ol those publ ic serv ices ... th ey pa y S93 .61 . That's a pretty good bargain . The mill levy for the General Fund has not gone up , I believe , since 1992 and the mill levy for the bonds , a citizen with a $200 ,000 .00 house would pay a $32 .33 . Those are the bonds that were issued to build Pirate 's Cove, improve the Malley Center, and the Rec Center as wel l. Mayor Woodward asked if there were any questions for Frank . There were none . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN Sk:GONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO, 45. COUNCIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER JEFFERSON A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO . Mayor Woodward ask, · if there were any comments . Mayor Woodward said I just want to make a comment to reiterate what Frank said . II is really an incredible value , I believe , that on a market value of S200 ,000 .00, that the General Fund operations allocation all of the property tax , residential property taxes , is $93 .61 . That is an amazing number compared to other cities . We also have $32 .33 for our General Obligation Bonds , for a total of $125 .94 ... and that is for a full service city . And in comparing that , • you would have to take into consideration parks districts , library districts, fire districts and all of the other districts • that are associated with other cities . So , I am really proud of that number . I think that's really impressive and maybe the lowest in the area . He asked if there were any other cornmenls . Council Member Oakley said afte r spending many hours on other subjects , I'm not sure anybody will be listening to the recording by now. For ?he record , I think it should be stated that because of the TABOR restrictions to the City , we cannot raise the mill levy without a vote of the people . That's the reason it hasn't been ra ised since 1992 . In talking to a lot of people , they don't understand that. They think that they can be raised an a whim and it certainly can't. Council Member Mccaslin said I also be lieve the total ta x is $10.44 a month . To me , that is quite a b,,rgain . It is just unbelievable . I guess that's all I have to sa y. Vote results: Motion carried . Ayes : Nays : Absen t: Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Oakley None Counc il Member Wilson (ii) Director of Finan ce and Adm inistrative Serv ices Gryglewicz presented a recommendat ion from the Department of Finance and Admin istrative Services lo approve a bill for an ordinance adopting lhe 2010 Budget for the City of Englewood . He said , as I said earlier, Council is aware of this . It has been a very difficult process . I would like to again thank the employees of the City , because they gave up wage increases , some of their benefits were reduced, their personal leave payouts , we 've frozen positions to make this budget work ; particularly in the General Fund , which I just said really provides those general public services that the citizens of Englewood rely on . So , I'm going to focus on that , as far as the numbers are concerned . We are looking at an estimated fund balance January 1, 2010 in the General Fund of $8 ,518 ,581 .00 ; total sources of funds for 2010 in the General Fund is $40 ,377 ,398 .00 ; total uses of funds $40 , 616 ,941 .00 and that will leave an end ing total reserve • of $8 ,279,038 .00 and the ending unre served , undesignated lund ba lan ce will be just over 10%. As you can see in the ord inance , it is broken down by the General Fund and th en Spec ial Re venue Funds , Deht Serv ice Funds , Englewood City Council October 5, 2009 Page 21 • Caµital Projects Funds , Enterprise Funds and Internal Serv ice Funds , because of the prov ision of the serv ices to the publ ic. But as I said , I fo cus on the General Fund Mayor Woodward asked if there were any quest ions for Frank . There were none . COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO . 46. COUNCIL BILL NO . 46 , INTRODUCED BY COUNCIL MEMBER PENN A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO, FOR THE FISCAL YEAR 2010 . Mayor Woodward asked if there was any disc uss ion . Council Member Moore said Your Honor, I would j ust like to make a few comments . Once aga in, a •1ery, very tough budget. I think Council did a great job working through the issues and the process that we went through trying to find balance that worke~ across seven different op inions . I think it went well , but... really focusing on the budget first and foremost , I want to thank the staff ... the sacrifices that the staff was willing to make allov,ed us to be able to present , at least , a livable budget where we did manage to still maintain a 10% minimum ,es erve, which given how quickly the economy can go either way , even where we are now, I know I personally th ink that th is is extremely important. We also avoided touching the Long Term Asset Reserve for the sake of operations currently. And agai .1, with the staffs help ... because of the staffs cuts, we were able to achieve those goals and avoid layoffs . And so , I really appreciate that. I think we have a budget that hopefully works . Tile one downside , of course , is that things can certainly de eriorate furthe r Hopefully , that is not the case . If it !s, then more tough decis ions will • be necessary , but based on where we are now , I am very pleased with where we were able to come out on this budget. Thanks very much . Mayor Woodward said I would certainly like to second what you said and thank staff. I know that staff has been working a lo ng , long time on this ; longer than typical for a budget. I also feel that we have a good budget that will be monitored ... certainly again in December and February as we look at these and see where we are at. Mayor Woodward asked if there were any other comments . There were none . Vote reaults : Motion carried . Ayes : Nays : Absent: Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Oakley None Council Member Wilson (iii) Director of Finance and Adm inistrative Services Gryglewicz presented a recomme ndal;on from the Department of Finance and Administrat ive Serv ices to adopt a bill for an ord inance appropriating funds for th e 201 0 Budge t for the City of Englewood . He sa id basically th is provides leg al authority to expend funds in 2010 . For the General Fund , the tota l appropriation is $40 ,616 ,941.00 The rest of the funds are also broken out in th is bill for an ord inance . Mayor Woo~ward asked if there were any questions for Frank . There were none . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill)· COUNCIL BILL NO . 47 . COUNCIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER McCASLIN • A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNIC IPAL PURPOSES IN THE CITY OF ENGLEWOOD , COl ORADO , FOR THE FISCAL YEAR BEGINNING JANU.~RY 1, 2010 , AND ENDING Englewood City Council October 5, 2009 Page 22 DEC':MBER 31 , 2010 , CONSTITUTING WHAT IS TERMED THE AM!UAL APPROPRIATION BILL FOR THE FI PvAL YEA~ 2010 . Mayor Wood ward as ked if there were any comments . There were none . Vote results: f,totion carried . Ayes : Nays : Arsent: Council Members Penn , Mccaslin, Moo re , Woodward , Jefferson , Oakle y None Counc il Member Wilson (iv) Director of Finance and Adriinistralive Services Gryglew icz presented a recommendalion from lhe Department of Finance and Admin ist rative Services to adopt a bill for an ord inanc e approv ing the 201 O Budgel for the Littleton/Englewood Wastewater Treatmenl Plant He said beginn ing funds available for lhe fund is St 15 ,674 .00 ; tota l sources of funds and uses of funds are $16 ,400 ,883 .00 and with an end ing funds available of $115, 674 .00 . Mayor Woodward asked if there were any questions . There were none . COUNCIL MEME'ER MOORE MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Iv) • COUNCIL BILL NO . 48. COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON /E NGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2010 . Mayor Woodward asked if there were any comments . There were none Vote results: Molion carried . Ayes : Nays . Absent: Council Members Penn , Mccasl in, Moore , Woodward , Jefferson , Oa kley None Council M,•mber Wilson (V) Director of Fir,ance and Administralive Serv ices Gryglew icz presented a recommendal ion from the Department of Finance and Admin ls lrallve Services lo adopt a bill for an ordinance appropriating funds for th e 201 0 Budget for lhe Littleton/Englewood Waslewate r Trealment Plant He sa id lhe Iota I approp ri at ion for the Littleton /Englewood Wastewater Treatmenl Plant for 2010 is $16,400 ,883 .00 . Mayor Woodward asked if th ere were any questions . The re were none . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (al (V) • COUNCIL BILL NO, 49 . COUNCIL BILL NO . 49 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON /E NGl.EWOOD WASTEWATER TREATME NT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUAR Y 1, 2010 , AND ENDING DECEMBER ~1. 2010 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 20 10 . Mayor Woodward asked ir there we re an y comme nts . Th ere were none . Vote results: Ayes : Counci l Members Penn , McC as lln , Moore , Woodward , Jefferson , Oakley • • • • Englewood City Council October 5, 2009 Pag e 23 Nays : A~sent: Motion carr ied . l~o ne C-ouncil Member Wil so n (b ) Approval of Ordinances on Second Reading (i ) Council Bill No . 42 as anrnded, amending Title 5 (Business and License Regulations) of the Englewood Mun ici pal Code by the addition of a new Chapter 22 pertaining to Med ic al Marijuana Prim ary Care-G ivers was considered . COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO . 41 , SERIES OF 2009. ORDINANCE NO . 41, SERIES OF 2009 (COUNCIL BILL NO . 42 , INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY THE ADDITION OF A NEW CHAPTER 22 , PERTAINING TO MEDICAL MARIJUANA PRIMARY CARE-GIVERS . Mayor Woodward asked if there was any discussion . There was none . Vote re■ults : Ayes : Nays : Absent: Counc il Members Penn , Mccaslin, Moore , Woodward , Jefferson , Oakley None Council Member WIison • Motion carried . (ii) Council BIii No . 43 , amending TIii e 7, Chapter 60, Section 12 of the Englewood Municipal Cede entitled Possession of Marijuana Prohibited pertaining to enforce ment was considered . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (b) (II) • ORDINANCE NO . 42, SERIES OF 2009 . ORDINANCE NO . 42 , SERIES OF 2009 (COU NC IL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER WILSOI~) AN ORDINANCE AMENDING TITLE 7, CHAPTER 60, SECTION 12 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , ENTITLED POSSESSION OF MARIJUANA PROHIBITED WHICH PERTAINS TO ENFORCEMENT . Mayor Woodward ask~d if there was any discuss ion . There was none . Vote results : Ayes : Nays : Absent: Motion carr ied . Coun"II Members Penn , Mccaslin , Moore , Woodward, Jefferson , Oakley Nam, Council Membe r Wilson (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendat ion from the Department of Finance and Admin istrative Services to approve a resolution establish ing licensing fees for Med ical Marijuana Primary Ca re - Givers . He sa id the council bill was just approved by Council a couple of minutes ago . This Is ,et at $250 .00 for • the license , the background fee is $50 .00 and the application fee is $15 .00 . As Council is aware , we generally rev iew these licenses annually . We are sort of go ing Into unchartered waters here because this is a new license . We really don 't know how much adm inistrative time this will t.ke, but if it looks like th is is going to take more than Englewood City Council October 5, 2009 Page 24 this , we 'll review th is with Council with the annual review of license fees . But as I sa id, we 're suggesting a fee of $250 ,00 and the background fee and the application fee are standard , Mayor Woodward asked if th ere were any questions tor Frank . Cc,uncil Member M:Caslin said and I agree . If you read the papers , lately there are a lot of cities dealing with this sa,me issue , So , I think everyone is struggling with these issues . I think , like you said , I think it is unchartered water right now and we have to be careful what we are doing . I know it's been passed by the people, but we still have to be cognizant of some of the issues that we haven 't confronted yet. So thank you for your lime on this , Council Member Penn said Frank , how did we come up with the $250 .00 fee? Was it by Nhat we thought we were going to do vr use fo r administrative purposes? Was it according to other munic ipal ities ? Was it just establ is hed? How was that es tabl is hed ? Director Gryglewicz repl ied actually I reviewed our other miscellaneous fees and I took a look at those and tried to determine the amount of time that we would spend on this . I looked at this as ab out where a Purchaser of Valuable Articles License would be ... I don 't th :nk it is go ing to be as m•Jch as say a pawn broker or an auto pawn , ,,, , I set in right in the middle there until maybe we can get some more information . I don 't believe anyone , at this po int in time, has set a license on this . As I said , we can set It here initially and review these as others come on -line, to see where we are in the market. But of course , fees are determined really on the amount of administrative work additionally that you would do for this . I don 't believe that we can charge above that , so we try to just get a handle on it at this point in lime. Council Member Penn said thank you very much . Mayor Woodward said on this , with the primary care.givers it is $250 .00 and then the background fee is $50 .00 . Now if it is an establishment , is that background fee only on ... I mean does that cover all of the employees that are • in the establishment or just the one primary care.giver? Director Gryglewicz said this license is licensed to the • primary care.giver , so each person that is a primary care.g iver needs to be licensed and have a background check and pay an application fee , Mayor Woodward said okay . COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO . 70 , SERIES OF 2009 . RESOLUTION NO . 70 , SERIES OF 2009 A RESOLUTION ESTABLISHING ANNUAL LICENSE FEES FOR MEDICAL MARIJUANA PRIMARY CARE- GIVERS FOR THE CITY OF ENGLEWOOD , COLORADO . Mayor Woodward asked if there was an y further discussion . Counc il Member Jefferson said yes , I just wanted to comment that I am really proud of where we are at on this issue . I think we 've really been proa ctive about setting a license that's not overly restri ctive on the businesses but addresses the concerns of the commun ity on , you know , who it is sold to and things of that nature . And I guess I will just le ave it at that. Than, yo u. Mayor Woodward sa id is there anything else ? There wa s noth ing else . Vote results : Ayes : Nays : Absent: Motion carr ied . Council Members Pen n, Mccaslin , Moore , Woodward , Jefferson , Oakley None Council Member Wilson (i i) Community Plann ing and Housing Coordinator Stitt presented a re commendation from the • Community De velopm ent Department to approve a resolution author izing the Community Deve lopment Block Grant Prog ram Application tor the Year 2010 . He said staff has been submitting these applications to the County for alm ost 32 ye ars and for the last 19 years . have been applying through Arapahoe Count y. Arapahoe County Englewood City Council October 5, 2009 Page 25 • became an enlitlemenl enlity in 1991 and as a jurisdiction in Arapahoe County we have to apply through the County . The funding lhat we are requesting , from the Counly , would tolai about $1 75,000 .000 for three programs : $100 ,000.00 fo r a new program fo r energy efficiency im provemenls to homes in the commun ity , $50 ,000 .00 for continuation of our housing rehabililation program , and then $25,000.00 of conl inuing support for lhe House of Hope fo r ad ministrat ive purposes . These gran l appli cations would lhen be submitted to Arapahoe County for considerat ion by the County Comm iss ioners and ii approved, funding would be ava ilable in June 2010 . Mayor Woodward asked if lhere were any questions for Harold . Council Member McCas lln asked ii there was any more fund ing available out there . Commun ity Plann ing and Hous ing Coordinator Stitt rep li ed actually we 're re,,uesting $25,000.00 more than we have In the past several years , primarily so that we can increase the amount of money available for lhe energy effic ien cy program , bul lhe amount of money avail able is limited by the amount that the Department of Hous ing and Urban Deve lopmenl provides through the State to Arapahoe County . The County also has lo provide funding for the cities of Littleton , Sheridan , Glendale , Deer Trail , and Greenwood Village , so we are essentially in compelition for $175 ,000.00 wilh those olher commun ities . COUNCIL MEMBER McCI ,SLIN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -RESOLUTION NO . 71 , SERIES OF 2009 , RESOLUTION NO. 71 , SE I ,IES OF 2009 A RESOLUTION AUTHORIZING THE CI TY OF ENGLEWOOD , COLORADO , TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2010 COMM UNITY DEVELOPMENT BLOCK GRANT . • Mayor Woodward asked if there was further discussion . There was none . Vote results : Molion carried . Ayes : Nays : Absen t Counci l Members Penn , Mccaslin, Moore , Woodward, Jefferson , Oakle y None Council Member Wilson (iii) Commun ity Plann ing and Housing Coord inalor Stitt presenled a recommendation from the Commun ity Development Department to approve a resoiulion clarifying sign ing aulhorily for the Neighborhood Stabilization Program Grant. He sa id the conlract that was entered Into by Council several wee ks ago for lhe Neighborhood Slablllzalion Program fund ing , in lhe amount of approximately 1.2 million dollars , specifies lhat the Mayor is the primary signator for all requests for grant funding and because of the tight timeframes buill int o that program and the mechan isms by which we wil l be able to acquire sin gle family homes in the community , we are requesting that that authorization be extendtid to the Department of Community Development Director so th at, in a timely manner, we can get requests subm itted to lhe State. Th e funding that is ava ilab le , the 1.2 million dollars , is a grant from lhe Federal governmenl and the City will be ab le to draw on lhose fu nd s on an as needed bas is. The process works by which we submit a dra w requ est for expenses incurred and th e State will lh en have to make a similar requesl to lhe Federal govern ment. Becaus e of the lime Invo lved , ii is imperative that we gel these requesls In as soon as possible and ensure that the funding nows from the Federal governmenl lo the Slate and then hence lo lhe City of Englewood . So requesl ing that the Department Director have lhe authority to sign will speed this up and not overl y burden the Mayor, who I'm sure , is qu ile busy . Mayor Wood ward asked if there were any quest ions . There were none . COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill) • RESOLUTION NO , 72 SERIES OF 2009 , • RES OLUT ION NO . 72 , SERIES OF 2009 Englewood City Council October 5, 2009 Pago 26 A RESOLUTION CLARIF YIN G SIGNING AUTHOR ITY FOR CITY OF ENGLEWOOD , COLORADO FOR THE PR OG RAM AUTHORIZED BY ORDINANCE NO . 3 7, SERIES 2009 FOR THE NEIGHBORHOOD STA BI LIZATION PROGRAM GR ANT . Ma yor Wo odward asked if there was cmy discuss ion. There was no ne . Vote results : Ayes : Na ys : Absent Motio n carried. Coun ci l Members Penn, Mccasl in, Moore , Woodward , Jeff erson , Oakley Non e Council Member Wil sor. Council Member Moo re said Yo ur Hon or, may we as k tha t...is it all right if we as k Sue j ust to go ahead and present all th ree of these together? Given th ei r similarity ... Agenda Items 11 (c) (iv), (v ), and (vi)? Mayor Woodward responded yes . (iv), (v) and (vi ) Director of Human Resources Eaton presented the three recommendation s from the Human Res ources Department to adopt a resolution approving a Memorandum of Understand ing amend ing the Col lective Barga ining Agreement between the Englewood Police Benefit Associat ion and the City of Englewood regarding emplo yee contr ibutio ns for insurance prem iums in 2010, to adopt a resolution approving a Memorandum of Unde rstanding amend ing the Collective Barga inin g Agreement between the Englewood Firefighters Association and the City of Englewood regarding emplo yee contribut ions for insurance premiums in 201 O and to adopt a resolut ion approving a Memorandum of Understand ing amend ing the Collective Barga ining Agreement between the Englewood Employees Association and the City of Englewood regarding employee contribut ions fo r insurance prem iums in 2010. She sa id, as we have discussed before , the City's three collective barga ining agreements refer to employee premium participation in a single plan medical insurance model . The MOU 's outline contribution levels for a two plan model. Employee contributions for the base City plan will be 7 ½% lowar than the percentages described in the contract and the employees choos in g the buy-up plan , the second selection , wi ll pay the difference between the premium costs of the two plans . The MOU 's are essentially th e same for all th ree of our unions . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPRDVt AGENDA ITEMS 11 (c) (Iv), (v), and (vi). RESOLUTION NO. 73, 74 and 75, SERIES OF 2009 . (iv) RESOLUTION NO . 73, SERIES OF 2009 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COLLECTIVE BARG AINING AGREEMENT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2 010 THROUGH DECEMBER 31 , 2010 , PERTAINING TO "ARTICLE 22 - INSURANCE ." (v ) RESOLUTION NO . 74. SER IE S OF 200, A RE SOLUTION AU THORI ZIN G AN AMENDMENT TO THE COLLECT IVE BARGAINING AGREEMENT BETWE EN THE ENGLEWOOD FIREF IGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERI OD OF JANUARY 1, 201 0 THROU GH DE CE MB ER 3 1, 20 10 , PERTAINING TO "ARTICLE 24 - INSUR ANCE ." (vi ) RESOLUTION NO . 75, SER IE S OF 2009 • • A RESOLUTI ON AU THORIZ ING AN AMENDME NT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOO D EMPLOYEES AS SOCIATION AND THE CITY OF ENGLEWOOD FO R THE PERIOD OF JANU ARY 1. 201 0 THROUGH DECEMBER 31 , 2010 , PERTAINING TO "ARTIC LE 21 -• INSUR ANCE ." Englewood City Council October 5, 2009 Page 27 • Counc il Membe r Moore said app reci at ion to all of the un ions fo r considering th is option and for be ing will ing to pursue it. Co un cil Member Jefferson sa id I'll second those comments . Tha nk you to staff for tha t. Mayor Wood ward aske d if there were additional comments . Ma yor Woodward sa id I just want to note that this is Included in our budget that we approved earlier. Aga in, thank you to staff for your cooperation . Several Council members sa id thank you . Mayor Woodward asked if there we re any further quest ions . There were none . Vote results : Mo tion carried . Ayes : Nays : Absent: Coun ci l Members Penn , Mccaslin, Moore , Woodward , Jefferson , Oa kley None Counc il Member Wilson Director Eaton said thank you . Mayor Woodward sa id thank you Sue . 12. General Dlscuaalon (a) Mayo(s Choice (i) Mayor Woodward sa id I would like to mention that we are dedicati ng the opening of ou r • two new br idges ... pedestrian and bicycle bridges ... on 17th of OctobAr , at 10 am at Broken Tee Eng lewood ... at the Golf Course . There will be tents set up and people from the County , people from the Great Outdoor Colorado have been invited . I'm sure there will be people some from the public. It should be , hopefully , a nice day and we will have the fall colors there . I know the South Platte Working Group , we met last week . Their members will be com ing an d they are exc ited about seeing It , th os e who haven 't seen it. I wanted to mention that. Aga in, that's Oc tober 17" at 10 am at Broken Tee Englewood , wh ich is our Golf Course over on Oxfo rd . (ii) Mayor Woodward sa id I would like to address the rumor that's out there right now regard ing campa ign signs and who 's respons ible and that sort of th ing . I also want to mention that initially I had put in a Counc il Request that was part of our packet from last week that came in Thursday , regarding signs showing up missing in District 4. And then la st Thursday , I had called Chief Vandermee , that's wh en I ema iled him, in the morn ing to tell him about what appeared to be a number of numerous signs that were miss ing in Distr ict 3, inc lud ing from my front yard , my neighbor's yard , and all ove r and asked that the officers on patrol be lo oki ng for where the signs might be as they have shown up in past years ... in 2007, I believe it was Rut olo Park wh ere we got them : I'm sure they 've shown up at Randy 's house in different years : I kno w they 've shown up at the high school along wi th other ones . We i!, I got a call late Friday or Thursday afternoon that they were in the 4500 block of South Pearl . I went down to the yard and retrieved Wayne 's and mine and knew the house . It was the home of the Englewood High School Football Coach . And the re were other signs , of course , other campa ign sig ns of candidates ... Matt 's were the re. Ric k's were there . Roofing compan ies · signs were there . Singles Only signs were there . All kinds of signs were the re . And then I get an email with som ebod y sending me something that actually ca ll s out that Bob Mccaslin and I dre responsible and that this high school pran k, as the y noted , was ... that we were behind I1...and tha t I guess we had control over cheerleaders and football players and I ... it is just more beyond believable to me, the rumor mill . I kn ow I took probably close to 40 signs out of that yard . Don 't know where they go . Replaced them yesterday . Wa ited unt il after the homecom ing dance . Still have more to go . One I replaced last night was gone by th is morning . So signs are st ill dis appearing and It isn 't the high school kids al th is po int. And it Isn 't my self and I don 't th ink its Bob or Wayne . Counc il Member Mccasli n said no , it's not . I'll go on reco rd , with a Bible he re, that it's not. I had nothing to do with it. Mayor Woodward said what I saw was just very insul ti ng to the school • and to Bob and I. Whose respons ible for it should just really lea rn to grow up or someth ing . Get a life . Do someth ing . Very nega tive . I have my thoughts on that one . Englewood City Council October 5, 2009 Page 28 (ill) Mayor Woodward sa id I want 10 thank the people , all of the people , that showed up for the public hearing and I know that there was a lot of people and I see four left , that commented . I apprec iate yo u even staying for that. (iv ) Mayor Woodward said I would also like to address Mr . Estes ... try to address what he was talking about. He brought up this stuff from May 25 , 2007...Englewood nearly bankrupt. II is 2009 . In 2007 , we ended the year pretty good . Things did turn around and certainly last year we ended , considering the yea r, bette r than we expected . I think we have had a handle on our budget. I wouldn 't call us nearly bankrupt right now . So , I don 't quite know what the point was . He had mentioned that he had put in Council Requests . I don 't know how he can do that not be ing a Cou ncil member , unless he has asked some Council members something and Council members didn 't turn It into a request. But a Council Request comes from a Council member . So , I don 't know what he is talking about with regard to his Council req uests . (v) Ma1•0r Woodward said and then finally I want to bring up the sign moratorium ... the resolution that we have been looki ng at or discussi ng the resolution recommending to the City Manager of the City of Englewood , Colorado the establishment of a Temporary Suspension or Moratorium on the enforcement of select prov isions of the Englewood Muni cipal Code 2000, the Sign Code , pertaining to Banners an d Portable Signs for a period of four months . Of course , that could be extended from the four month period . [Clerk's note : This was listed on the Agenda as 12 (b) (i).[ MAYOR WOODWARD MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE RESOLUTION NO , 76, SERIES OF 2009 , RESOLUTION NO . 76 , SERIES OF 2009 A RESOLUTION RECOMMENDING TO THE CITY MANAGER OF THE CI TY OF ENGLEWOOD , COLORADO THE ESTABLISHMENT OF A TEMPORARY SUSPENSION OR MORATORIUM ON THE ENFORCEMENT OF SELECT PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE 2000 , THE SIGN CODE , PERTAINING TO BANNERS AND PORTABLE SIGNS FOR A PERIOD OF FOUR MONTHS . Mayor Wood ward sa id I would like to open it up for discussion at this point. Council Member Jefferson said I would just li ke to comment I th ink we did a pretty good job of narrowing down the moratorium to some areas that really were more at the heart of the issue , the recent issue . I still have a little bit of concerns about ii, but I will be supportive of what's in front of us . Mayor Woodward said I have shared this with a few members of the BID ... the president , vice president and treasurer ... Ted Vasi las , Rick Reese and Bob Laughlin ... and I think you know the idea is that they believe that there may be some economic opportunities with this change . II gives ACE and P & Z the opportun ity to start looking at th ings and it also gives the bus iness commun ity the opportunity to ... as they said , I believe . police themselves on some of this. I know I made it clear that I sure did n't want to get into a position that we were looki ng like parts of east and west Colfax or parts of Federal Boulevard . They didn 't want that either. So , that was good . I want to co mpl iment the City Attorney 's office on writing th is to cover the things that we had discussed , I bellnve , at our last meet ing . That's my comment. Council Member Jefferson said so one quick quest ion , under Section 4, is that language in there to lry to get us out of a.. City Attorney Brotzman answered it is actually required . The case law requires the temporary suspension language ... that 's taken right out of the cases . Council Member Jefferson said okay . I don 't know. I remember we talked a little bit about a potential takings issue about some of this . Is that addressed he re at all? City Attorney Brotzman sa id yes . If you look at the very last Whereas . What we are doing is basically giving a warni ng that if you are buying a banner, then at the very least , you are tak ing a risk . Mayor Woodward said they are taking the risk . The re's no grandfather ing based upon this . It does address the publ ic right -of-way that we passed last year , the fen ces . And side-yard fences ... co rre ct me if I'm wrong Dan , are still not app rov ed wilh in this . City Attorn ey Bro tzm an sa id co rre ct Ma yo r Woodwa rd continu ed and then of course, • • • Englewood City Council October 5, 2009 Page 29 • any prohibited , hazardous or abandoned signs or signs that need ma intenance will not comply . I have had two calls this week from ... a call and an email from peop le with disabilit ies that were concerned . I tried to reassure them that the rig ht-of-ways , the openings would be enforced for ADA and access for them . • Ma yor Woodward as ked if there was an y other discuss ion . Council Membe r Moore sa id I'll comment. I will be reluctantl y support ing th is ton ight. I ... the rules that are in place were set up after going through due process . I th ink that th is suspens ion of enforcement is hasty . I don't appreci ate the way th is subjsc t came to our attent ion , although I mis sed that part ic ular Counc il meeting . I don 't lik e that that's how this whole thing start.c<j _ Nor do I agree with the portrayal that the City of Englewood is an ti- business as opposed to bus iness es just need in g to recognize government bodies aren 't meant to be able to operate quickly otherwise they 're too easy to be influenced . I will only be in support of this because it's limited to four months . I'm will ing to support the experiment , even though I fundamentally oppose setting laws in this manner . I think that the process we were under in terms of public hearin gs , gathering input , going through all of the righ t steps Is the way we should be doing th is. Tha t's my two cents . Council Member Jefferson said I too have concerns about the proe ass and the potential ramifications . Like I said , I think we have done a good job of limiting the amount of damage .. I guess, so to spea k ... that could be done . I will generally agree with John 's statements there and I too will be ca •.1i ously supportive of this . Mayor Woodward as ked if there were any other comments . Counc il Member Penn said I would just like to say that we are putting this out for them as kind of an experiment like John said . Hopefully , know ing , as profess ional as our bus iness people are, that they will take care of this and do a great job . I mean , that's ou r expectation that they will take care of it. They 've asked for th is. I th ink we 've listened to them and so now I think it's ... hopefully they will respond and do a very professional job at handling this situation . Counc il Member Jefferson sa id and hopefully this is a step in the right direct ion , as far as giving the appearance of be ing more bus iness friendly . I know that there is that perception out there that we are not business friendly and aga in, whether true or not , I think this will help alleviate some of that perception . At least , show business owners In the community that when Issues do come up we are responsive and responsive In addressing businesses ' concerns in our communities . Mayor Woodward asked if ther e were any other comments . There were none . Vote results : Ayes : Nays : Absent: Mot ion carried . Counc il Members Penn , Mccasl in, Moore , Wood ward , Jefferson , Oa kley None Council Member Wilson (b) Council Members ' Cho ice (i) Council Member Oakle y: 1. He sa id in regards to the publ ic hearing , I believe that there were a few points brought out tonight , but I th ink I'll hol d my thoughts un til we actually start talk ing about it because it will be the most product ive time to do it. 2. He said sln,:e acquisitions were levele~ against Council on the subject of signs, I will state that I lo •, a full 25 % of my signs between Tuesday and Thursday . I was ab le to retrieve a fa ir port ion of them , but they were severely damaged So , it appears to be ac ross the board on al l candidates . • ,3 . City Manager's Report City Manager Sears did no t have any matt ers lo bring before Counci l. Englewood City Council October 5, 2009 Page 30 14 . City Attorn ey's Report (a) City Attorney Brotzman presenled a motion to sett le Jefferson County District Court Case No . 2008 - CV5163 -Norkoli vs . City of Englewood for $20 ,000 . Th is is the garage door case at Bi-C ity . Counc il Member Jefferson said I'm sorry . Wh ich case is this aga in? City Attorney Brotzman repl ied the garag e door at the Bi-C ity plant. Counc il Member Moore sa id I certainly support the City Attorne y's adv ice in this matte r, so I'll ma ke the motion to proceed with th is settlement. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE A MOTION TO SETTLE JEFFERSON COUNTY DISTRICT COURT CASE NO. 2008-CV5163 -NORKOLI VS . CITY OF ENGLEWOOD FOR $20 ,000 . Ma yo r Woodward asked if there was any discuss ion needed . Council Member Oakley said for the record , it was strictly financial. It would cost us just as much one way or the other. ccrrect? City Attorney Brotzman said ccrrect. Voto r11ults : Ayes : Nays : Absent: Motion carried . 15. Adjournment Council Members Penn , Mccaslin . Moore , Woodward , Jefferson Oakley None Counr.il Member Wilson The me eting adjourned at 10:34 p.m. • • • • Norkoli VS City of Englewood • • This case was erroneously filed in Jefferson County District Court by Norkoli Construction but then filed correctly in Arapahoe County District Court, Case No . 2009 CV183 . The settlement that was approved in the Council minutes of October 5 , 2009 states the correct lawsuit with Arapahoe County District Court in the Settlement Agreement and Release. (NOTE: Per the City Attorney's Office , the City Attorney stated Jefferson County District Court by mistake at the Council meeting.) See Agreement No . 89-2009 .