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HomeMy WebLinkAbout2009-11-02 (Regular) Meeting Minutes• • 1. Call to Order ENGLEWOOD CITY CC .' ·NCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session Nov&mber 02, 2009 The regular meet ing of the Englewood City Council was called to or<ler by Mayor Woodward al 7:34 p.m. 2. Invocation The invocation was given by Council Memoer Mccaslin . 3. Pledge of Allegiance The Pledg e of Allegiance was led by Council Member Mccaslin . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Jefferson , Moore , Penn , Oakley , Mccaslin , Wilson , Woodward None City Manag er Sears City Attorney Brotzman Deputy City Manager Fla~erty City Clerk Ellis Deputy City Clerk Bush Director Gryglewicz , Finance a,,d Adm lr.i strative Services Director Black , Parks and Re c•ealion Director White , Community D,11~1 ,pmenl Economic Development Coordinator Hollingsworth , Community Development Director Long , Library Police Chief Vandermee Police Commander Condreay Community Relations Specialist Geier, Police Pol ice Sergeant O'Connor Pol ice Officer Fieger Pol ice Officer Kunst Pol ice Officer Taylo r Recreation Services Manager-Operations Hultberg , Parks and Recrc~l ion 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER PENN MOVED, MID COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE THE MINUTES OF THF. REGULAR CITY COUNCIL MEETING OF OCTOBER 19, 2009 . Mayor Woodward asked if there were any correct ions or modificat ion s. There were none . • Vote results : Ayes : Council Members Penn , Mccaslin , Moore , Woodward, Jefferson , Wilson , Oakley Nays : None Englewood City Council November 02 , 2009 Page 1 Motion carried . 6. Recognition of Scheduled Public Comment (a) Poli ce Ch ief Vandermee sa id good even ing Your Hono r and members of Council , this is the founh • gradualing class of the Englewood Poli ce Department Citizens Academ y. This is somet hing lhal we started shonly after the reorganization and the separat ion of the Safety Serv ices and pan of the marketing stralegy , if you will , for the Police Department and that is part of the community policing that you hoar me mention qu ite often . To date and incl ud ing tonight's class , there are 78 members of the community who have gmduated , part ici pated in the Citizens Academy . This panicular Academ y was 9 weeks and gives the citizens an opponunity to not on ly get infonmat ion from , but part icipate in , just abou t every a ,peel of the Police Department and its organizati on , including fireanms tra ining , we have a simclator. .. we don 't give them guns and send th em out there ... but I'm sure that they would have liked that and there are some restrictions . Nor do we let them drive lhe new black and whites ... they get to do that in the simulator as well . Of the 78 graduates . I think it is wonh noting that 25 of those have gone on to become very active volunteers ... not only in the Police Department, but for the City They volunteer with the Ne ighborhood Watch Pr<>gram , the walk to school day and the safety programs in the schools , self-defense classes , CERT and I would aloe like to ment ion that therP. is a numher of them , including one tor,ighl , that are City employe ,,, in other departments thr '. show an interest In the City and as a member of the corr ,munity in partic ipating ... finding out what goes on In other departments . Toni Ge ier is our Community Relations Sp,ciali ~t and these clas • ; ... 'N e would not see near the level of success . and Toni I don't th ink knew I was go ing to !ay this , but she has to be congratulated as well for putting these together , countless hours of prepa rat ion, coordir.atiog all the instructors . Ali I he instructors for the 9 weeks are members of the Police Departr,1ent. Detect ives and the traffic team is here tonigM in support of Ton i and in support of the Cit iz ens Academy . So th is is an organizat io n.1I kind of ar event and ii is very pleas ing to me as the Department Head to see the level of participation on the part o: the commu nity . So with chat and at this po int. I would like to introduce the graduetes of the fourth Englewood Police Department Citizen,, Academy . As I call your nar,ie if you will come up and receive your certificates , please . First is Joseph Aiti<en , John Bric k, from the • Utilities Department, City employee Tom Chesher , Josh Gregory , Polly Hun !, Debbi Jackson, Willa Jones , Marti Mullane . Dena Newkirk is not here but accepting on her behalf is one of the other ~raduates . Jess Olsen, and this is anotner one where we had a husband and wi<A pa rticipating so she is accepti ng for her husb~nd Ped dr Ols en . Laura Schott , Roger Shoop , Lee Taisarsky , Kevu, Truj illo , and Barb Walker. There was applause after each graduate was introduced and received their certifieote . Chief Vandermee said ,oace again , thank you Counc il for your suppo n with !he pr0s ram and for allowing us a few minutes to give these people some well deserved recogn ition and we will :1a back in May with the fifth Academy graduation . Th onk you . There was applau ce. Mayor Woodward said I just want I•~ add that this is a real sense of the commun ity that goes on in Englewood as far as the Citize n Academy, CERT, Ne ighborhood Watch ... it is all startin g to come together more and more and it just re inforces our sense of community. So , congratulations fo r your participatioo and the time it took and what you are do ing for our community , which strengthens it. Thank you . Thare was applause . (~) Jean Lesme ister, an Englewood resident , sa id good even ing ev eryone . Th ar,k you for letting me address you :onighl. I am here tonight...l've ow ,dd a home in Englewood for 13 years and I am he re to commend the Code Enforcement people . They are always profassional. I alway s see them patrolli r.g and I see th8m place warn ings on the doors of people 's houses . They are a good te am. I'd als o lii-.e to co mmend ihe Police Department. They are a very good , very good Pol ice Depart men t. I have lived in LA , San Dieg o, and San Francisco and I have dealt with police departments . This i~ a good one . I also , at th is time , would like to co mmend the Fire Chief, because he has the firemen work out at the Re c Center and for those of us who watch them work out , it is a pleasure . There was laughter . To mo ve on , the reason I am here tonight is in th e 13 years that I have lived in Eng,ewood , it has changed . And I would like to add ress the idea of an overv iew of what I s€•e of Englewood, but then a specifici ty ... my block . I have a handout that I am go ing to give to you ... who do I hand that to 0 She said Is one of you Le igh Ann ? Leigh Ann rocks in the City Manager's office . Okay , this handout thal you are seeing right now , this is a handout '.hat is the beginn ing of the addressing I have of the issues . Englewood has changed . When • I look cul mi, backyard , across my alley , th is house and this house of those two houses (po inting to the handout ), constitutes 4 pit bu lls . When I look out the front , th is is what ynu see that is direc tly across lhe street fr~m me . It is rather a ni ce littl e house . My friend lived here and he fixed it all up , but then sold it and the renters , who now renl • Englewood City Council November 02 , 2009 Page 3 there . have 7 of these trash cars . The ones you are lookin g at right now are . 2 of them are inoperable and Code Enforcement gives them warnings all the time . There are 3 in the back yard . You will not ice one of these in the fron t of the 4 in front tak ing up all the parking space . is a hearse . Eve ry day of my life , I see a hearse across the street. Th e people , these people , the man who lives there ... he dresses like Elvis , I don 't know what that is about... the greasy ha ir and tattoos and Elv is. And I th ink it's a genre called Rock-a -Billy . And then it leads to th is car th ing , they are in love with these cars . I have a Master's Degree in theatre and I love costum ing , but there are only two places for it... on stage and at Halloween . Anyway , th is man has a costume on every day of his life and he 's got th is car thing going down . I do n't know what to do about the fa ct that these people don 't care . They don't care . They don 't care what they do . They don 't care about these cars . We , the citizens , who do follow the Code , we will keep do in g it. We will , we will live our in tegrity , yes , we will keep be ing good citizens , but we are getting bitter. We are getting bitter . The pit bulls and the constant barking dogs and the reason that I'm he re is to talk about how Code Enforcement is being underm ined . They are be ing hobbled or sabotaged or mu •led or whatever words you want to use , but these people are be ing sabotaged . They give warning , after warn cer warn ing , after warn ing . What we need to do is give a warning and then nail them with a summons t e them hurt in a big way financ ially . The warning and the warn ing and the mollycoddlings , afra id th at we w111 perhaps offend th em , they offend me every day of my life . I am now going to hand out a second handout and I apolog ize . This is a very bad picture , but It was from last night where one of the frienos of Mr . Elv is pulled up with a big pickup and had in the back of his large trailer , had his brand new crap trash car to show his friend . You will notice when you look at it that one of the ugly cars on the left is one of his 7. It Is parked in front of my house so that my friends and family can 't park in front of my house because they're parked in front of my house . But t'•n you 'll note that the Elvis boys , they're all dressed alike . You can see that , yes , okay . The Elvis boys are stand ing there fondling th is car. They are 1,oklng at it and they are about 15 minutes looking at this car. The trai ler is blocking Washington Street , blocking my driv eway and blocking the driveway of my neighbor . They look at th is car and fondle it for about 15 minutes and then they leave . They go in his house and to the backya rd to fondle more cars back th ~re leaving a 11g in the middle of Souti, Washington Street 'or 20 minutes . They don 't care . They have no citizp· ,t,,,' That is why I • am here . You will also note , I just have tc say th is, you will note , forgive me for the very bad ·•.1::i1;~ • . these pictures on this page . but the house to the left ... if you will notice in their driveway nearest to "''"· to your eyes a nomnal car, but b£yond that , hard to see , but it is a little green Studeba ker. That littl e green Studebaker was parked there , inoperable and has never moved the 13 years that I've lived in my h0ase . I've looked ~t that Studebaker every day fo 13 years . How many years it was .there before I bought my h•)use , I don 't know . But I think that these people are moving more and more to Englewood and th is car thing has three households on my block who are now doing th is car trash ?hing . One of the Code Enforcement officers told me there is a guy down the street who owns 12 of these crappy cars ... taking up all ihe park ing . It has just got to change . Am I disgusted with Code Enforcement? Not at all , they are just the nicest people . They are try ing , but this warning and mollycoddl in g, so I am here and I just ask ... is it the City Council who doesn 't let them get tough? Is it the City Attorney? Is it the Mayor? Whoever is keeping them from doing a hard line , It is affecting our City . They need lo be able to give a world of hurt to these people . I'm thinking that , I love ducks by the way , and if were to say , I want to have 5 ducks in my backyard . I wish I could have 5 ducks , I love duc~s . Gosh ducks are grea t. I couldn 't do it, could I? I can 't have ducks in my backyard . But the pit bulls are everywhere . These terrible car trash cars are everywhere . And so , I guess what I would like to say , Is that I'm heartbroken . I finally bought a little house . I finally own a little house with hardwood floors and I'm rea lly proud and my property value is reall y In trouble , because would you huy a house with a hearse across the street...should I ever to choos e to sell . I am hea,tbroken and you can tell that I'm angry . What I would like to say is that I come here with respect, but my mes sage is a passionate one . I want it to be passionate . 1 want it to be a strong message to catalyze strong act ion . Let Code En forcemen t get awtc ; ugly with these people . Thank you . Mayor Woodward sa id thank you . (c) Jack ie Edwards , an Englewood res id ent , sa id good evening . Thank you for th is opportunity to spea k this evening . I'm here to talk about Medical Marijuana , also k•own as Medical Cannabis , while Englewood 's moratorium on dispensaries is in place . I am a chronic pain and illness patient and also a patien t advocate . To • avoid Englewood 's Involvement in costly litigation , I would like to see the moratorium exte nded unt il enough facts are gathered for the City to ma ke educated and informed polic ies . Amendment 20 to the Colorado Constitution was approved by Colorado voters in No vember 2000 and became effective in July 2001 . 8-112 years later , Englewood needs to get up-to-date and deal in te ll igently with Amendment 20 issues . The people of Englewood deserve to hav e educated and informed people drafting medical etJnnab is ord inances and codes . Med ical cannab is is a Englewood City Council November 02 , 2009 Page 4 legit imate med ica l field . The way that Nanc y Re id ve rbally interpreted Amendment 20 made a bungled-up mess of • the Amendment. I'm referring lo the City of Englewood ·s website aud io record ing of the September 9, 2009 Planning and Zoning Comm ission meeting . She crea ted a situation where the Commis sioners had lo listen to h•,r personal . prej udiced att itude for a half-hour without her actuall y present ing Ame ndment 20 or ils facts . Thal is egregious and complete ly irresponsible . It only takes 15 minutes to read Colorado 's Amendm ent 20 and lhe appl icat ion forms for med ical mar ijuana . Amendmen t 20 was amended aga in then ... or probably , I guess , for the first time , In Ju ly of th is year and went into effect August 30" of th is year , to try to cla rify the prima ry careg iver issue and it is still reall y confusing . For instance , there are many kinds of caregivers . Not all caregivers grow or sell med ical ca .'nabis . Some are home health workers who are authorized to pick up medicine for the ir patients . Others may grow the medic ine with or without cha rge to their patients . Some caregivers are parents of minor patients and may or ma y not grow med ici ne for th eir min or child . There are caregivers who have put their own lives on hold to care for aging parents . There are people in nursing homes that need a caregiver to access medicine for them . Why is Englewood requiring lic ensing for primary careg ivers when these caregivers are not necessarily growing or se lling med ica l cannab is? Why on ear'h does a parent or a home hea lth worker , ne ighbor, fr ie nd , or relative have to be licensed by the City to mere ly acquire the legal med ical cannab is on beha lf of~ legal patient? Did you think you were licensing only commercial enterprises? The purpose of identifying caregivers on Colorado 's Med ical Marij uana Reg istry is to protect the caregiver , should the caregiver be detained or arrested by police and need to prove their legitimacy . The Reg istry is confidential. If you read Amee:iment 20 , you will see tha t. You are try ing to force caregivers to waive their confidentia lity protect ion under Amendment 20 of the Colorado Constituti on or else face penalt ies . No one ... no City ... has the right to do that. What is a city that requires parents to be licensed to provide a legal drug or medical treatment for their children ? Or to require an initial $315 .00, then a $250 .v~ annual fee from caregivers who legitimately serve the ir patients , but do not grow or sell medical cannab is? That's not even sound thinking . ~!or d~es it uphold the health and welfare of anyone In any way . In fact, that pol icy further penal izes some disab led people ,,nd is discrim inatory . Do you require licenses for careg ive rs who pick up and deliver other legal med icines for their patients? Has Englewood interpreted Amendment 20 to mean that all primary caregivers are growers and /or dispen se rs ? That is an incorrect assumption . Legally , a patient may even • grow their own medicine. Since patients are allowed only 1 pri mary careg iver at a time , there is no way to substantiate a requ irement that all dispensary employees be caregivers . That someone works at a dispensary does not necessa rily mean they ara a grower or a primary caregiver. Look at it this way ... when you go to the doctor, you want your doctor to be licensed . Ho weve r, the office staff, custodial crew and other support personnel are not generally licensed . The same applies to your pharma cist. Although the pharmacist is requ ired to ha ve a licen se . every employee in the store does not have to be a licensed pharmacist. Med ical cannabis is a legitimate medical field and deserves to be trea ted as such . There are a multitude of sick people who find the ir qualities of life improved by ingestin g med ic al cannabis . All drugs , even over-the-counter and other herbal remed ies , carry risks and the polenlial fo r abuse . That does not mean that all people who use drugs are guilty of abusi ng them or that all drugs are bad . Englewood needs to take the time lo understand the Amendment and lhe co nsequences of any rules the City in stills . The Amendment was written to provide safe acces s to medical ca nnab is by leg al pa tie nts and their caregivers . The Information Erin and I presented in our study packet for yo u this evening is only a small sampling of lhe en or mous amount of top ics co nce rn ing med ical carnabis therapy and the industry . Current ne ws states that medical cannabis is the fast est growing in dustry in Colorado . So , it is projected to bring in substantial amounts of sales tax . Because of th is, there are resources that various Colorado municipal itie s are bu il din g together to make info rmed , sensib le deci sions . For example , !here is the Colorado Med ical Cannab is Pol icy Group , of which Englewood could be a part . We could use resources around the Metro area and Stale for education about medi cal cannabis , Amendm ent 20 Interpreta tion and pol icy . I would like to propos e that you form an Englewood Med ical ::annabis Task Force or Committee . The group would research , coordinate and address issues revolving around med ical cannab is bus inesses and the ir impact on Englewood neighborhoods . The task force or committe e would ne ed people from the public , the City and people who wor~ in the med ical cannab is fiekl , among others . The task force or co mmittee would have to stay informed and educated to be able to progress ively address concerns of Englewood and its ne ig hborhoods , as relates to med ic al cannab is. A process could be organized that would allow th is task force or comm ittee 10 report regu la rly to the City and other interested parties . On e of the Plannin~ and Zon ing Comm issioners summed up the Amendment 20 top ic perfectly , toward the end of the ir October 20 meeting . He sa id someth ing to th e order of , "the who le thing 's a can of worms .· It is . Well sa id. Part icularly when • important polic ies are to be made . By using an educated and informed policy mak ing process , legiti mate med ica l can nabi f. pat ients and the ir primary careg ivers would be able to safely and peaceab ly access medicine , according to Color Jdo 's Amendm ent 20 Legal med ica l can nab is fa cil itie ·: would be freP ~c .,ca ceably run the ir bus inesses and se rve thei r lega l patie nt s. Th e Dep artm ent of Justice has decl ared the 1 e will be no more raids of dispensaries • Englewood City Cnuncll November OZ , 2009 Page 5 in states where med ical marij uana Is legal. We have th e opportun ity to be policy leaders in our State and it would serve Englewood 's peop le we ll by se izing th is opportun ity . In Englewood , we have Swedish Hosp ital , a top-notch trauma center. We have a variety of med ical , alternative , integrative , rehab ilitative , and hea lth fac ili ti es in Eng lewood . We have Cra ig Hosp ital work ing with people who are disabled . We have veterans and other citizens who suffer with debi litat ing illnesses and pa in. Ma ny of the people frequenting these facil ities are also legal med ical cannabis patients . Are disabled people ... including veterans who fought for freedom and the ir caregivers now an isolated , targeted group In th is City? It is a big mistake to have any pol icy that interteres with legal patients ' access to medic ine . People who are on fixed incomes and low-income caregivers de not have extra money to buy expensive licenses to simply access a legal drug . Als o, legal patients may change careg ivers at any time . Are legal pa tients to give the City a few hundred dolla rs every time they chang,, caregivers if the new caregiver is not already licensed? That places an undue burden on the legal pa tients and their legal caregivers who are not growing or selling medical cannab is. Amendment 20 addresses and legal izes the manufacturin,, production , sale , distribution and dispensing of med ical cannab is. Wouldn 't it be better to place the licensing burden on these activities? Thank you . God be with you . Mayor Woodward and Council Member Mccaslin sa id thank you . (d) Consultant Erin Marcove sa id I would like to thank Jack ie for her presentation and all of the work she has done to help get this presented to the Council and I know that all of you Council members will have a big job ahead of you . And I commend you for being able to take th is task on . Th is is not just a situation that is happening here in Englewood . It is happening statewide . I have gone and attended San Francisco School of Medicine on cannab is medical therapeutics . It is a continu ing education class , an accred ited course that is for doctors and for nurses to continue their education ... they have to do so much education a year for their continu ing education and this Is the only accredited course right now . Yale and Harvard and everyone else hasn 't really jumped on board yet. But there is an incredible amount of information out there that cannab is is medicine and I am • here today to try to explain to you and educate you on the necessity and the need to have safe access . I have also bf!en working with the Policy Group , and have been ... th is just c.,me out today at 4 o'clock from the Cannabis Therapy Institution , Md it is a ... I didn't have time to make a copy and I apologize because it came out at 4 o'clock. I would like to pres e1 all of this and I don 't have copies for everybody, because I didn 't have enough Ink or paper after g .tt ing everything printed . And there Is also a draft in here of a Colorado Med ical Cannab is Patient and Caregiver Protection Act that the y are going to be submitting . It ju st came out today . So , I personally hav e not had a chance to read it. Jason Larve , and the people that are on there , are all part of the Comm ittee and I would lik e to submit these to you . I also go around Jnd I rev iew all the dispensaries . And I also go around and 1 '1tervlew the doctors, because unfortunate ly in every field and in any part of life , we have some pretty bad peo~,e and t 1e1• like to take advantage of our situation . And , unfortunately , we have had some doctors that were sigr,ing on patients ... they thought they were getting a legitimate doctor that was practi cing med icine in the State of Colorado . He signed on 500 pat ients , charged them $300 .00 for their appointment and they got den it .y the Registry because th is doctor did not have a license to pract ice medicine in the State of Co lorado . Nvw hs is AWOL aod all these patients that had ... I personally referred two of them . Be ing a consultant in this business , it makes me heartbroken that now I have to go to these doc tors and say , show me your number ... I need :o know that you are a legitimate doctor when I consult people . I consult people from the lime when they are just getting interested, when they are inj ured , from people that are com ing back from war ... the Post Traumatic Stress Syndrom e ... that is huge . Is rae l. .. for 15 yea rs has been treating their sold iers wi th Post Traumat ic Stress Syndrome with med ical cannabis. And that has been done in Israel for 15 years . There is another huge part to the whole canrabis that we don 't even real ize and it is an industrial crop . I spoke at the Cannabis Health Fair that was up in Boulder and CU of Boulder and I was the spea ker about cannab is and health and how cannabis is related to our brain . Our bra ins ma k~ ca nnab ino ids and they make terpenoids all on its own . It is a natural pain blocker, just like dopam ine . Our bra ins ma ke dopamine all on its own as well. But when we get all these presc ri ptiona l drugs in us that are preventing our bra in fro m producin g dopami ne , that bra in bec ome s very re lied on that drug . The cannabinoios , th e cannop ino ids and the terpenolds are like the oil in our bra in. They help t~~ bra in func tion and the neuro-transmiss ion system get to the right sy stems . It has been known tr help Alzhe ime .'s disease . It has been known to nel p cure cancer in the • lungs . They tr ied to do a study to see if it was go ing to crea te lung cancer and it actually decreased a tumor in the lung . And I have all this informat ion and ha ve given you a lot of information to read over and I hop e you all ha ve had the chance to read over it. I do have a lot more to present to you because I am tea ching and I am going around and ma ki ng sure that these dis pensa ries are follo wi ng the law, beca use the re is no gove rn ing agen cy . When I calle d th e San Fran cisco School of Medici ne an d I wanted to know if It wa s ok ay if I call ed myself a Englewood City Council November 02 . 2009 Page 6 Cannabis Med ic al Therap eutic Consultant . it is kind of long ... and th ey said , you can call yours elf v•hatever you • want Erin , there is no govern ing agency . Well that is the probl em here . We need to set up som e govern ing agency for this part icula r medical field . And whe n I was talking tu a do ctor j• 1st last week and I was interviewing hi m and I sa id, you know . all tha t I'm try ing to do is make thi s a legi timate med ic~· :,eld . And he says , well it is. I sa id yeah. by my terms . by your terms , but not by the general public . We are being discri minat ed aga ins t no w and we are going to have to be paying extra tax , which I thin k is a way unfa ir ta x. An d it is also coming borderline brea ki ng HIPPA laws . These patients ha ve the ir right to the ir privacy and these careg iv ers ... We've had caregivers ... this is a horrifying story and it's true ... a ca regive r had medicine in her home, she was broke n into, her oldest son was there and they tied him to the chair and the y poured gasoline on his feet. And she was threatened if sh e did not give up ell of her med ici ne . the y we re go ing to light him on fire . She gave up $3 ,000 .00 wo rth of her med icine . And filed a pol ice report. I don 't know what's come of it , it's been new . I deal with the Pol ice Department as we ll . I've dealt with Park County and have edu cated Park Coun ty Pol ice Department. Captain Billy Nagel of the Vi ce Squad of the De1 ,ver Vice Squad is a friend of mine wh o ca me up to me when I spoke at the publ ic hea ri ng , the Health Hearing , and I said , you know it is really great th at you want to cha nge all th ese la ws. but have you even consulted the law enforcement ? Because you are making the ir jo b a whole lot harder and you are freaking all these pa tie nts out . The y had 500 pat ie nts sitting in a room that could hold only maybe 300 , and tney couldn 't even supply and get eve rybo dy there . And then the y had thei r big hea ri ng in Jul y and had how man y people sho w up ... They still didn't come to a conclus ion . Well , you are no t going to come to a conclusion probably in 201 0 either ... because it is an election year. But it is an extreme ly Important issue that you don 't take these cannabis patients , th e patients that are considered marijuana users . I hate that word , because It is a derogatory slang word for a plan t. It is lik e when you call a chrysa nthemum a da isy . There was laughte r. Seriously , because a chrysanthemurr1 is the botanical name ... canna lJ,s is the botanical name . It is the onl y plan t...one . there is only four plants ir1 tne entire world that grow in every single region and zone of the world . and cannabis is one of them . What does that tell you? Why is that? Cannabis is medic ine . It is j ust an herb . Just like a poppy plant. Well a poppy plant makes heroi n. but it is not illegal to grow . And why is it not illegal to gro w? Because you have to know how to extract the heroin properties out of it. But it also makes morphine . So, every single herb that we have in our backyard , that • surrounds us , will heal us if we know how to extract and use it right. Anyway every way you extrac t, in an y extraction processing of cannab is, there is no harmful method . You can extract the gl ycerin tinctures , which is actually help ing diabeti cs get off their diabetic med icine and that again , it is also a huge risk for diabet ics as well . because they can actually ta ke the ir glycer in level and save a pati ent. I had a pat ie nt 75 years of age . Most~! my patients that I ta ke care of are in nurs ing homes and they are indigent patients . I also run an indigent program of trying to get some of these a,spensaries to become co mpass io nate dispensaries . They donate me medici ne ... they will donate me edibles of whatever they can afford . Yo u will be see ing more of me , because I will be poss ibly speaking at the next hearin g because there is a lot tha t you need to learn . And I will be presenting a lot more infonmation to you so hopefull y you wil ; be able to edu cate yourself and make a sound choice for the people of En glewood . Thank you very muc h for the opportunity, Mayor and Counc il member s ... to present my work to you . Anyway that I can help you form a co mm ittee that needs to be , I wi ll be more th an happ y to he lp . Thank you very much . Mayor Woodward said tha nk you . 7. Recognition of Unscheduled Public Comment (a) Co ll e•n Mello , an Englewoc-d reside nt . said I am here represe nt ing the Englewood Chamber of Commerce and I would like to thank yo u for all the sponsorships that the City has given the Chamber. We would like to request $1 ,000 .00 sponsorsh ip for our Holiday Pa rty, which will be held on December a•. We will not be using th e sponsorship that wa a req uested for the Serv ice Club Lun che on at th is time. We have decreased our request from the City by $3,500 .00 wh ich is abou t 28 %. And ne xt ye ar we are trying to decrea se the sponsorsh ips also considering th e bud get and everyth ing that 1s going on . And that 's it. Mayor ·.Jood"~'~ said I'm sorry , I didn 't hear how mu ch yo u were asking for . Ms . Mello said $1 ,000 .00 spons ors hip and I handed everybody a letter on '.ile re quest. Sh e said thank you . (b) Elaine Hults sa id than k you for the opport un ity of speaki ng with you th is evening . I really need to direct my comment to our current Mayor Woodward concerning the Eng lewood Hous ing Authori ty Boar ; .-,f Commissioners , I bel ie ve he is a member of th is Board . I wasn 't at th is particu lar meetin g, but evide n, t,,ere wa-:, • • • • Englewood City Council November 02 , 2009 Page 7 a decision that was passed to ma ke a divis ion between the two bu il dings that are sen ior bu ildings currently ... in procedures and disabled people ... namely Orchard Place and Simon Center. My understand ing is that Simon Center will become a senior only facility and the center at Orchard Place will become a disability center and also that the people who are taken into that building will have to be respons ible and provide the care that the y need to access or to come In there as a tenant. If I am incorrect , please correct me on this , but this Is my understanding of what I have read . Number one : these facilities are subsidized by HUD which is a fede ral agency . According to HUD the re can be no discrimination , it's sim ply with everything else , aga inst race , sex , rel igious affiliation, color of your skin . There can be no discriminati on for anyone who Is disabled . They should have the same opportun ity to choose where the y liv e just like anybody else . This is my understanding of HUD . That is point number one . If I am in error of this , I would appreciate a correction on this, because so far when I go into the web , when I go into the web in Denver to look about the ir hous ing situa ti on , eve ryth ing Is ve ry , very out there . When I look at Aurora , it is out there . When I look at Englewood on the web , I see one face page , no information . So I am coming to you for that exp lanation . Then I have another po int to put to you and this is from the HUD Federal Reg istry , Volume No . 110, commenting about the need of an association or an organization of tenants with in these facilities . II specifically states that th is is an independent association that is meant to be more or less a checks and balances with management. We have a problem at Simon Cen ter and the Simon Center that I have been trying to correct th is problem , I get letters back from the attorney that represents Englewood Housing telling me that our current President of the Association , although HUD says this is an Illegal organizat ion because of this, has been acti ng as both President , secretary , treasurer and what was the other one ... I th ink that was it. .. for a period of time until replacements came forward . We have a President who has been in c,ffice now for over a year, who is an employee of Englewo od Housing . I was told by Englewood Housing that she Is not a direct employee, that she is an agent un der contract. I got a copy of the contract to see what her duties were . And accord ing to HUD , it say s right here ... le t me get that page ... according to HUD it even mentions that no employee or agent, does not have the right to even attend a meeting let alone hold office unless they are invited in to perhaps present an Issue . This has been an ongo ing problem now and we have a proble'11 because our President seems to feel that every decision that is quest ionable or any decision that we wanted t, ·,o or any processes that we wanted to do as an organization , needs to be veri fie d by the Adm inistrator. And the Administrator, of course , is hired by rr,nagement and should actually have no concern with anythi ng that Is going on or any decisions that we make as an organ iz ation . I bring th is to you , , :•se are the pro ble ms . And I also resent another factor . There is representation of only one person, although we have two build ings and I wculd say we have about 250 tenants , and the representation is always fr om Orcha rd Place . I have studied everything that HUD has to offer and I have also studied the manual that directs management and how the y are supposed to respond to tenants as well as tenants to management. And I don't see where an elected situ ation is a good representation in any case , I don 't care what level It is . Furthermore, there is no representation from each bu ilding equally . And I also feel that there should be no representation from anyboc<y who is on the Counc il at Englewood Housing Administration . That should be purel y somebody who can really b objective and understand the situations that are involved . Than k you for your time. Mayor Woodward sa id than k you . 8. Communications, Proctamatlon1 and Appointments (a) An e-ma il from Nick Panetta indicating his res ign at io n from the Alliance for Commerce in Englewood Commission was considered . COliNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO ACCEPT THE RESIGNATION OF NICK PANETTA FROM THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMISSION . Council Member Jefferson said I would just like to comment that I am sorry to see Nick go . He was a very valuab le me mber of ACE and we thank him for his serv ice to the community . Mayor Woodward sa id I would also like to comme nt. Having not been a men,ber, but having attended ACE meetings going back to 2004 , Nick was a very valuable member of ACF. a:i cl had a lot of very good Input as a banker and as somebody that has been :nvolved in business in the Englewood commun ity for some time . He is goi ng to be bas ica ll y semi-retired or spttndlng part of his time al home , so we will miss him . Englewood City Council November 02, 2009 Page 8 As there were no additional com ments . Mayor Woodward called for the vote . Vote results : Ayes: Council Members Penn , Mccaslin , Moore, Woodward, Jefferson . Wilson , Oakley Nays: None Motion carried . 9. Consent Agen ci a (a) Approval of Ordinances on First Reading There were no additional ,terns submitted for approval on first reading . (See Agenda Item 11). COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and 9 (c) (I). (b) Approval of Ord inances on Second Reading (i) ORDINANCE NO. 49 , SERIES OF 2009 (COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER McCASLIN) AN ORDINANCE AUTHORIZING THE PURCHASE OF TEN UNIDENTIFIED SINGLE-FAMILY , VACANT, FORECLOSED PROPERTIES LOCATED IN THE CITY OF ENGLEWOOD, COLORADO TO FULFILL THE NEIGHBORHOOD STABILIZATION PROGRAM CONTRACT BETWEEN THE COLORADO DEPARTMENT OF • LOCAL AFFAIRS AND THE CITY OF ENGLEWOOD, COLORADO. • (c) Resolutions and Motions (i) RESOLUTION fJO . 79 , SERIES OF 2009 A RES OLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMl:NT THE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY , NOVEMBER 30, 2009 THROUGH SUNDAY DECEMBER 13, 2009. Vote results : Mot ion carried . Ayes: Council Members Penn , Mccaslin , Moore . Woodward , Jefferson , Wilson . Oakley Nays: None 10 . Publtc Hearing Items No public hearing was scheduled before Council . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on ;irst Read ing (i) Director of Parks and Recreation Black presented a recommendation from the Par1<s and Recreation Department to adopt a bill for an ordinance supportin g an application for a Special Opportunity Grant from Great Outdoors Colorado for Duncan Park development. He said as you recall , when the City first purchased Duncan Par1<. and we'll have the completion of the purchase ... it was a three year purchase agreement that will be • completed at the end of the year in 2010 ... Great Outdoors Colorado was a funding resource for the acqu isition of that property. Their maximum grant amount was S200 ,000.00 , wh ich we rece ived fer the purchase of the first parcel. The Board of Great Outdoors Colorado has agreed to put together a Special Opportunity Grant. That • • • Englewood City Council November 02 , 2009 Page 9 gran t...the maxi mum amount of the grant will be $700 ,000 .00, wh ich is a substant ial am ount be yond the gene ral maxi mum of S200 ,000 .00 that the y award each year . They presented information to the agencies and mun icipal ities that were el igible for ... submitted information about this grant and requested interest from the agencies . We submitted a proposdl of interest. There were 58 proposals rece ived and that was reduced to 17 and they asked 17 agencies to subm ,t grant applications and we were fortunate enough to be one of those 17. So , we will be submitt ing , in the first part of Dece mber , the grant applicat ion for the develop ment of Duncan Park , wh ich will accelerate that deve lopment process by twelve to eighteen months . We will be notifi ed by the first of April as to whether we are successful or not. But we do believe this is a won derful opportunity for the City of Englewood to develop that property at an accelerated rate , beyond our scheduled project. I'd be happy to answer any quest ions that you might have . Mayor Woodward asked if there were any questions for Jerrell . There were none . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO , 52 . COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER McCASLIN A BILL FOR AN ORDINANCE SUPPORTING THE GREAT OUTDOORS COLORADO GRANT APPLICATION FOR DUNCAN PARK DEVELOPMENT FUNDING . Mayor Woodward asked if there were any comments . Mayor Woodward sa id I would just like to mention that , as a resi,Jent of District 3 and Duncan Park being in Di strict 3, and truly the only park in District 3 ... Hosanna , which Is behin1 the high school , is there but there is ... these are athlet ic fields . There is no playground area . No area for small children to play in . Going back , three years ago, when we negotiated with the school district to buy Duncan Park , did the Master Parks Plan and stuff, this is definitely someth ing that gives us the opportun ity to follow through on that plan and leverage our funds while we are do ing it. So I will be voting yes and very supporti ve of mov ing forward for that neighborhood and for all of District 3. Council Member Wil son said I also applaud the efforts of Parks and Rec because of how you go after all of the grants , and the writ ing of them . Director Black said bel ieve me , if there is money out there , we want ii. Counc il Member Wilson sa id you know how I love free money . I appreciate all that you do and to keep on board with th is and to keep watching out for those fuo ds. And te ll your sta ff that helped . Mayor Woodward asked if there wer e an y other comments . There were none . Vote results : Motio n ca rr ied . Ayes : Council Members Penn , Mccaslin. Moore , Woo dward , Jefferson , Wilson , Oakle y Na ys: None (h: Appro va l of Ordinan ces on Second Readin g There were no add it ion al it ems subm itted for app roval on second read ing . (Se e Agenda Item 9 -Conse nt Agend a.) (c) Resolut ions and Motions (i ) Mayor Woodward sa id Deputy City Manager Flaherty will pre sent a recommendation from the City Mana ger's Office to adopt a resolution ap~rov ing the An imal Sheltering Agreement with the Platte Valley Humane Society . Mr. Flahe rty said I actuall y ha ve two items lon igh t. .. co mpan lon resolut ion s regard ing the agreements with the Humane Soci ety of Sout h Pla tte Va ll ey . The first item , as Ma yor Woodward ment ioned , is an agree men t for ope ra tion s of an an imal shelter . You ma y reca ll it's be en eleven mo nths since the cou rt pl aced the opera tions of Englewood City Council November 02 , 2009 Page 10 the Colorado Humane Society under the auspices of a custod ian . In the past 11 months , the efforts of the custod ian , in addition to maintaining the existing shelter that's housed on City of Englewood property , has been to resolve the issues that were outstand ing with the Humane Society with regards to the charges that were brought in the initial issue ... the initial court action that le d to the placing of the Society under the auspices of the custodian . After se veral months , the custodian 's inten t has become clear ... that it is his intent , due to some legal and fi nan cial co nstra ints , that the opportunities for spinning the opera tio ns of the County Humane Society off to a new operator or a ne w board of directors is not feasible and the intention of the custod ian at this point in time , as I mentioned to Council at the last Study Se ssion , is to sell the name of the Colorado Humane Society and other related assets , but not to continue operations of an animal shelter. Over the past several mo nths , lhe City 's staffs , of the cities of Englewood and Littleton , have worked with the custodian and wi th other in terested parties in trying to find an alternative solu ti on for an imal she ltering for our two cities , as well as the surrounding communities . Mr. Nick Fisher , who has twice presented to City Council , has stepped forward and establ ished a new non-profit organization with a full board of directors , the Humane Soc iety of South Platte Valley . In his presentations to Council previously , Mr. Fisher ou tlined the status of his operat ion and the first agreement ton ight is the actual agreement for an imal sheltering . At Study Session , Council was preser.ted with the Littleton agreement , wh ic h the City of Littleton has approved . There are some changes in th is agreement , however, you'll find It very similar to the Littleton agreement. It Is a one year agreement with the potent ial for extension of four add it ional years . The annual rate is $50 ,000 .00 for servi ces , wh ich is very similar to the current rate that we are paying Colorado Humane Society ... actually that rate is about $46 ,500 .00 . We also have additional expenditures related to the facility that we own . Council mentioned a few things last time, at the last Study Session when Mr . Fisher was present, includ in g issues related to reimbursement of funds for the City in the event that the Humane Soc iety did not perform . Those have been incorporated into the agreement. We made some changes In the insurance prov isions , based on the instructions of our Risk Manager. The rest of the agreement remains relatively similar. The issues of locati on of the Humane Society fac ility, and approval by the City of that location , are addressed in the second resolution, 11 (c) (i:). If you have any questions on the initial agreement fo r sheltering services , I can either answer those or Mr. Fisher is here this evening to provide answers as well . Mayor Woodward as ked If there were any questions for Mike on 11 (c) (i). Mayor Woodward said I have one and that would be , does our agreement , th is new proposed agreement, are there any le ss in the way of se;vices than what we currently have? Dep uty City Manager Fla herty replied no . In fact , there are some advantages to this agreement. We have had difficulty in the past with Colorado Humane Society on treatment of an imals that have been brought to the shelter injured and those are addressed to our satisfaction in this agreement. Mayor Woodward sa id okay . Ma yo r Wo odward said ... anybody else ? Council Member Moore sa id excuse me, Mike , but co uld you clarify how the Cou nc il's concerns at the last Study Sess ion were addressed? Can you po int me to the secti ons where the contract was changed? Deputy City Manager Flaherty replied the section that is the primarily change ... although there was some lesser changes throughout...Section 3.3 has been cha nged somewhat and Sect ion 3.6 has been added . That is a new section . Council Member Jeffe rson asked which one addresses the locat ion . Deputy City Manager Flaherty said that is ar1dressed in the ne xt agreement. Council Member Jefferson said okay . Council Member Moore sa lr< o I guess ... and that 's what I thought. My concern about 3.6 was just whethe r or not...Section 3.2 still seem s .; be ... unilateral termination ... still seems to give the ability of either party to walk awa y with 90 days not ice . Deputy City Manag er Flaherty said and tha t's ide nt ical to the Littleton agreement and it is also Id entica l to ou r prior agreement with Colorado Humane Society . I don 't th ink either party intends to walk away , but at the same time , we both have that ri gh t to do so. • • Council Member Mot re sa id and then when we ... l didn 't see any further ties assoc iated directly with the capital contribution . Is that correct? Th is is all we have on protecting our inves tment. Deputy City Manag er Flaherty said • correc t... 3.6 addresses that in part . The rema ining assuran ces or some additional assurances are provid ed in the resolut ion for the capital cont ri bution . • • • Englewood City Council November 02 , 2009 Page 11 Mayor Woodward ask ed if there were any other quest ions for Mike at this time . There were none . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 80, SERIES OF 2009 . RESOLUT ION NO . 80 , SERIES OF 2009 A RESOLUTION APPROVING A "CITY OF ENGLEWOOD AGREEM ENT FOR ANIMAL SHEL TERI NG SER VICE S" BETWEEN THE CIT Y OF ENGLEWOOD AND THE HUMANE SOCIETY OF SOUTH PLATTE VALLE Y. Mayor Woodward asked if there was further discussion or an y other disc ussion on th is . There was none . Vote results: Mo tion carr ied . Ayes : Council Members Penn . Mccaslin , Moore , Woodward , Jefferson , Wils on. Oakley Nays : None (i i) Depu ty City Manager Flaherty presented a recommendat ion from the City Manage(s Office to adopt a resolution approving an ag reeme nt regarding a cap ital contribut ion for Animal Shelter operations . He sa id in th is agreement , again , this is largely similar to the Littleton agreement , as I've mentioned , with the sheltering agreement , wh ich Littleton has also app roved . Pr imary differences in th is agreement are found in Section 1 and in Section 17 and 21 . Section 1 relates to the $100 ,000 .00 allocation to the Colorado Humane Soc iety to ass ist with capital costs , the facilities , and the Soc iety's agreement to use those funds fo r capital constru ction and/or tenant finish of the facilities . In the way of security , the City will own th e improvements or cap ital equipment purchased with the $100 ,000 .00 and will remain the property of the City until the expiration of the contract , the first year of the contract in 2010 . The disbursement of fund s ... there will be no transfer of funds unt il the City's acceptance of the location of the Society 's Anima l Shelter fac ility and the confirmat ion of the contract for serv ic es re lated to construction and /or tenant finish of the fa cili ty. The effective date shall be the date of the commencement of th is agreement...of the agreement for animal sheltering serv ice between the Society and th e City . Aga in, however , the disbursement will not be forthcoming unt il the City approves the Society 's locat ion and has an opportuni ty to review , with the Soc iety, their contract for construction . Ma yor Wo odward asked if there are any quest io ns for Mik e. Counc il Member Wilson said I have one . Mike , with the fees , ii says th at S50 ,000 .00 for the first five years . Did you say before that ii was going to be for the first year and then we coul d reapply for th e ne xt four ? Dep uty City Manager Flaherty sa id actually , and thank you for br inging th is up because I sho uld ha,e mention ed it , th is locks in the fee for five years . The first year of the agree ment i, bas ica lly a one year agree ment with an option for four additional years . When we approve the agre emen t we will loc k in the S50 ,000 .00 fe e for a period of five years . Co un ci l Mem ber Wilson sa id so there will be no reapplying . Deputy City Manager Fla herty sa id correc t. Th e only thing that we will need to do is renew the contract an d that's based on ou r review of the performance of the Society. Counc il Member Wilson said okay . Co unc il Mem ber Moo re sa id under 17 ... what is formally th e City 's acceptance of the lo cat,on in terms of process? Is the City Ma na ger authe <zed to sign ii or is ... will it be Council acceptance? Deputy City Manager Flaherty sa id I'm sorry Joh n ... Council Member Moore sa id I'm sorry Mike . On 17 , the Ci ty's acceptan ce of the location . is ii a Council's acceptance or is it City Manager's? Deputy City Manager Flaherty sa id I'm sure we can work that either wa y. Th is basical ly allows for the City to acCP.pl , wh ic h either means the City Manager or City Council . Our conv ersations with Nick Fisher is lhat the location will be in the Santa Fe corridor and Nick is negotiating right now for two locations ... one of which is in Sherid an , basic al ly across the street from this fac ility and the other is in Littleton on Plall e Cany on and Bowles . But it is our intent that we do no t accept the location that is outside of the corr idor , the Santa Fe corridor . ,n ei ther Littleton , Englewood or Sher idan . Englewood City Council November 02, 2009 Page 12 Council Member Wilson said are we still looking at that location ... is the location that you are talking about or one of ·:hem , where lhe World of Tile was? Deputy City Manager Flaherty said not al this time . Council Member Wilson said okay . Deputy City Manager Flaherty said at least not to my knowledge . Council Member Wilson sa id okay . !J eputy City Manager Flaherty sa id I know when I last spo ke to Nick , and Nick is here and can better answer tha t quest io n tha n I can . He was down to lwo locations : one in Sheridan and one in Littleton . Mr . Fisher sa id the propert y that you are talking about is kind of on the r,ack burn er, so we 've asked thal property owner for proposals and ha ve not received anylhing yel , so lhal's kind of been placed on lhe back burner. We ha ve a couple more locat ion s we 're looking to put letters of intent on as well . So we ha ve lots of things in the fire . So , we are hoping someth in g produces this week and we can get going . Council Member Wilson sa id I'm trying to visualize where South Platte Canyon is . Mr . Fisher said Platte Canyon and Bowles ? Council Member Wilson said yeah . Mr . Fisher sa id so ... west of Santa Fe on Bowles and right on the corner of Bowles and Platte Canyon . So it is a retail area in Littleton . Council Member Wilson asked how far? Council Member Jefferson asked how far west? Council Member Wilson asked how far wesl? Council Member Jefferson asked is that in the Albertson 's shopping center? Mr. Fisher replied il's on the other side ... to the south . Sever •. Council members spoke at once . Council Member Oakley said yes the Albertson 's shopp ing ,:e nter . Albertson 's is over there . Just about Lowell . Council Member Jefferson said just about Lowell? Council Membe r Wilson said Lowell? Oka y. Counc il Member Penn said and the approximate location in Sheridan? Mr. Fis her said it's the industrial park , just right next to the Regal Theat re s. Council Member Wilson said thank you . Mayo r Woodward said a question for you Mike . With this agreement , and in procuring a space and going into operations , are we able to cancel the Colorado Humane Society agreement or lease for the property that is cucrently located on our property on South Platte River Drive? Deputy City Manager Flaherty said we are in a monlh-to-monlh with Colorado Humane Society . We c;,n basically cancel at any time , if they don 't cancel first. It is • my understanding that as soon as the sale has bee,; completed, although the custodian said that he will not leave • us without services , he wants to transition the animals from the current location to the new location and be out of business as soon as re possibly can . Mayor Woodward said okay . Mayor Woodward asked if there were any other questio ns . There were none . COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGEND ,\ ITEM 11 (c) (II)-RESO LUTION NO . 81 , SERIES OF 2009 . RESOLuTION NO . 01 , SERIF.S OF 2009 A RESOLUTION APPROVING A 'CAPITAL CONTRIBUTION AGREEMENT" BETWEEN THE CITY OF ENGLEWOOD AND THE HUMANE SOCIETY OF SOUTH PLATTE VALLEY . Mayor Woodward as ked if there was aoy discus sion . Mayor Woodward said just to mention so me of th e things that City Council , over the months, have been looking at with help from staff ... what it would mean to go to or find another facility . I don 'I think a permanent type of facil ity has been identifie d, bul temporary facililies thal have been identified would mean that we would be mov in g Code Enforcement peop le cul of the City and traveling some dis tance to deliver an imals and then comi ng back lo the City . So Cod e Enforcement Office rs would be out of lhe City during that time . Not to mention that if a citizen was going to claim an animal , they would have to be lea vi ng the City . As I recall , it's probably a minimum of 15 miles was the closest , as I re call . 12 to 15 miles , which would certainly not be in the best interests of our citizens , I wouldn 't think . So , those are some of the things that have gone through th is lhought process and the discussions that we have had regard in g this . And that is why th is Santa Fe corridor is an impo rta nt corridor for us to keep our Code Enforcement people right here . Mayor Won~ward asked if there were any other comments. Council Member Mccaslin sa id I personally would like to thank Mike for spearheading ... ! know that Mike sµcarheaded the comm ittee for dangerous dogs and he has something with dogs ... because now he is Involved '· • • • • Englewood City Council November 02 , 2009 Page 13 wilh the Humane Society . But I apprec iate it , because I know all the hard work that you put into th is in try ing to come up with a resolution for this . I apprec iate .. .l've seen you in both committees and you have done a great job . Thank you . Deputy City Manager Flaherty said thank you Bob . I also have to give credit to Mr . Fisher . He has been ab le to put together a new organ ization on re latively short notice and without any , up until Littleton 's approval of th e agreement , Without any financial reimbursement for his time and effort over the la st six or seven months . Mr. Fisher said thank you . Mayor Woodward asked if there were any other comments . There were none . Vote results: Motion carried . Ayes : Council Members Penn , Mccasli n, Moore , Woodward, Jefferson , Wilron, Oakley Nays : Nono (ii i) Director of Finance and Adm inistrative Services Gryglewicz presented a recommendation from the Finance and Administrative Services Department to adopt a resolution approv ing a supplemental appropriation for a S 100,000 capital contribution to the Humane Society of South Platte Valley . H& said these fur,ds were originall y appropriated and put into contingency for the Colorado Humane Society ... guaranteed back in JL!n e. They were not used for that purpose and they are being appropriated for th is use at th is time . Mayor Woodward as ked if th ere were questions for Frank . There were none . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (Ill)· RESOLUTION NO . 82, SERIES OF 2009. RESOLUTION NO . 82 , SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR THE HUMANE SOCIETY OF SOUTH PLATTE VALLE Y. Mayor Woodward asl,ed if there was any discussion . Council Membe r Moore said I'll just add that I too appreciate all of the effort that went into this . It is nice to see a good solut ion coming out of what was an unfortunate situation , so thanks to staff and to you , Mr . Fis her as wel l. ,hank you . Mayor Woodward said I would also like to than k Littleton . I know Littleton 's Deputy City Manager and Mayor Doug Clark have been very involved in the negotiations wilh this and certainly Mike , '>O thank you to everyone there . Mayor Woodward sa id if there are no further comments or discussion , please vole . Vote results : Mot ion carried . Ayes : Council Memb ers Penn , Mccaslin , Moore , Woodward , Jefferson, Wilson , Oakley Na ys : None (iv) Economic Development Coordinator hollingsworth presented a recommendation from the Community Development Depart ment to approve , by motion , the Soulh Broadway Englewood Bus iness Impro veme nt District Operat ing Plan and prop osed 2010 Budg et. He sa id purs cant to Colorado State Statutes , the BID must submit the ir annual operating plan and budg et to the local j urisd ict,,,,, .. .for approval by the local Englewood City Council November 02 , 2009 Page 14 jur isd iction . Thi s even ing Council is being requested to app rove by motion the ir proposed 2010 operat ing plan and budge t. That concludes my comments . I'd be happy to respond to any qu estions Mayo r W~odward asked if there were any questions . Counci l Member Wilson said I just wanted to say someth ing . I appreciate all the work you have done Dan en with this grnup and because I am liaison with th is group , I know how happy they are with your work and the City 's. So I appreciate that and I look forward to working with them next year too . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv), A MOTION FOF. THE SOUTH ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND PROPOSED 2010 BUDGET. Mayor Woodward asked if there were any comments . Mayor Woodward sa id I would like to mention that the BID has , I think , in th is past year ... wh ich has obviously been a very difficult economic year for not only businesses in Englewood , but businesses everywhere . In fact , maybe Englewood has done better than most cities . The BID has been able to provide some things that have really improved the area, In my opinion , and that has to do with the planters , the sculptures , the art work, flowers . And in the short time that they have been here , they have certainly done some "ice work . I get comments and hear comments from different people ... citizens ... throughout the City and try to make It clear that , no , It wasn 't the ~lty of Englewood , it was the BID . II was the bus iness owners that are down there that did that. They tax themselves and they hav, made those improvements . Mayor Woodward asked if there were any other comments . There were none . Vote results: Motion carried . Ayes : Council Membe rs Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 12. General DIIC ,JHlon (a) Mayor's Choice (i) Mayor Woodward said I would like to address Colleen and the Greater Englewood Chamber of Commerce and personally make a motion for the $1 ,000 .00 sponsorship of the Hol iday Party for the Chamber . I thi nk the Chamber th is year , and I think ma inly under the gu idance of Randy ... Coun cil Member Penn ... has done a really good job and taken the Chamber a long way over the last few years . So I th ink $1 ,000 .00 , wh ich is in our Counc il budget , is certa inly a reasonable number and hearing earlier where you 're plann ing on hav ing it and the other sponsorships , I th ink are good . So mak ing that motion I would look for a second . MAYOR WOODWARD MOVED , AND COUNCIL MEMBER JEFFER SOt! 5ECONDED , TO APPROVE $100M0 SPONSORSHIP FOR THE HOLIDAY PARTY BY THE ENGLEWOOD CHAMBER OF COMMERCE . Mayo r Woodwa rd asked if there was any discuss ion . • • Council Member Penn said well I would just like to say , th anks for the good comme nts and Colleen Is do ing a great job . I know she must have snu ck out already , wh ich is smart , but people have to understand that th is Is just not for Chamber members , It Is for the entire City of Eng lewood. It Is a great way for all the bus in esses to get together , citize ns if th ey would like to als o atten d it. It is a good way to thank people and hopefully peo ple und erstand that • En glewood is not the ooly sponsor that we have for this gathering . And hopefully it will be come ... it was very succes sfu l last year . We will j ust hope that it keeps continuing to grow . • • • Englewood City Council November 02 , 2009 Page 15 Ma y,.., \!\fnodward as ked if there were any other comments . There were none . Vole results : Mot ion carried . Ayes : Council Members Penn , Mccaslin , Moore , Wo odward , Jefferson , Wilson , Oakley Nays : I' ,ne (i i) Mayor Woodward said I would lik e lo than k Jack ie and Erin for coming tonight and sharing the information tha t you did . ii was a pretty good si,ed bookle t. Ms . Edward s said sorry about Iha!. Mayor Woodward sa id there is quite a bit of read ing in ii. And as you know , we have put a moratoriurl" ... lhere are three approved dispensaries or caregivers ... I think is the way that Amendment 20 refers to that I a,n not so sure .. ,bul we will call them dispensaries . Those are ... two of them , al least Iha! I'm aware of, are in opera tion , I know there are some th in gs that I think, without having an opinion of the benefits or whatever, there are some things that I th ink need to be addressed by Planning and Zon ing ... security is one , We have had one with a break-in already . In fact , it was within , I believe , well within the first month for sure and possibly even before that. A lady spcke from the audience . Mayor Woodward said let me just finish up . You don 't need lo ... I don 't want to detract from what you said and I encourage you to come back . fJut there are certa inly other municipalities throughout the State and we are see ing it every day in the newspapers , TV , the Colorado Mun icipal League is address ing it and it certa in ly is an issue . I know even asking our loca l hospital. .. Swedish .. .for their op inion s, trying to get an idea ... gee whiz , would you like lo have a dispensary or caregivers across the street? Their official opinion is no opinion and that they don 't utilize marijuana in their practice of medicine within Swedish , is what I was told . So , again this is in Plann ing and Zon ing and I aµprec iate you saying , take your time and really look at this , because it is here and it is som ethi ng we all have to deal with . This was voled on by the voters of the Stale of Colorado , (iii) Mayor Woodward said also Elaine , your co ncerns with Englewood Housing Aulho;ity I know have been addressed . You were at our last meeting .. , you and Mr, Kraft . I know that some of these. things have been discussed over a number of months . I wll' say Iha! I am a lia ison , a non -voling member, at those meetings , We have had IPgal counsel on that and , I b,iieve, a HUD specialist who has discussed and recommended to the Commission on what should be dr .ne . So as you, I believe , are aware , this Wednesday we do have another meeting . Ms . Hulls started lo speak from . , audience . Mayor Woodward said thank you for bring ing ii up , but you had your piece there , So , I'm saying that ii,~ •ddressed , (b ) Council Members ' Choice (i) Council Member Penn : 1, He said congratulations lo all the Pol ice Academy graduates and Englewood Poli ce Department , than k you so much . Please pass on our thanks to Toni again . She has done a great job and we hope that will continue . 2. He sa id to Jean Lesmeister, I th ink she took off, but hopefully I will go visit Jean in the ne xt day or two and she brought sr "Tie valid things lo us . 3. He said Jackie and Erin thank you for con tinuing our education . I, too , have been ove r lo Nature 's Kiss and sat down with Bruce for a couple of hours , I've also been down lo Dr . Reifer down in Denver and so I am continuing lo hopefull y expand my lack of knowledge in some of th is and hopefully ii will continue . And we truly encourage you lo com e back and give us more knowledge , because that is definitel y needed . so hope we can do Iha!. 4. He sa id than k you for address ing the Chamber thing . 5. He sa id lo my friend , hopefully he is my fr iend , John , your trem endous knowl edge , has been a tremendous krowledge for Englewood City Counc il and we will truly miss you . And thank you for all the knowledgeable input ,nal you have bestowed upon us and fo r directing us somet imes , and gelling us down th e road in the proper manner. And I thank you personally and hope , I'm sure . everyone on th e Council will also thank you . Englewoo,! City Council November ~2 -2r,09 Page 16 6. He sa id and to all the peop le runn ing for City Counc il tomorrow night , good luck and hopefully you will not get any sleep tonight. There was laughter. (ii) Council Member Mccaslin : 1. He said you know ... it is kind of the same th ing . I want to thank the citizens for the Police Academy . What a great program and it just gets bigger and bigger every year . 2. He sa id to Jean Lesmeister, be ing on Code Enforcement is frustrating , see ing th is happen in Englewood and nothing being done , so I too, with Randy , would like to probab , sit down with her and see what her concerns are and see what we can do . 3, He said to Jackie and Erin , thank you so much for the knowiedge you brought to us just tonight was unbelievable . Continue to do that because we need more and I appreciate that, I really do . The more we know, the b:~•r decisions we can make . I like the idea of a comm ittee ... ! like the idea of a committee like we have done with otMrs ... all lhe input, so that we had some input in the decis ions we make .. Someone from the audience spoke-not audible . Mr. Mccaslin said yes , and we have been a role model as someone said as far as dog issues and so forth . Maybe we can be a role model here . 4. He said I would like to thank two students that called me in the last week to come to attend Council to further their knowledge and get high school credits . One is Cody Winthrop who goes to Englewood High School . One is Kyle Mccaslin ... I hate to say this , but I am related to him , he is my brothe(s son , and he goes to Littleton High School . I appreciate them sitting through the Council meeting and listening to all our rhetoric and information hopefully and if there is anyth ing else we can do to help the process, you know , please let me know. • Council Member Penn said thanks for bringing your friends too , pal . Mr . Mccaslin said thank you guys for coming, • I appreciate that. (Ill) Council Member Oakley : 1. He sa id I woc !d like to thank the ladies for the presentation on the medical marijuana and th is Council is going to need all the help they can get in the future . 2. He said the parking situation on South Washington Street , I would be interested to know if, in fact , these four cars are legally licensed and registered and ii they are operable and how this fits with the rest of our ordinances . 3. He said as far as Mr . Moore is concerned, I can 't thank him enough for the years we have served together on Council . The give and take and wha t we have been able to work through . Thank you , John Council Member Moore said I'll be back in two weeks . There was laughter . We can say gooabye then , (Iv) Council Member Wil son : 1. She sa id I just wanted to echo what everyone else has sa id about th e presentation fo r the med ica l marijuana . 2. She sa id to Ms . Lesmeister , I am sure Gury will be a part of that investigation as far as the ir house and cars across the street. 3. She said the En gle wood Police Cit izens Acudemy graduates ... nine weeks Is a lon g time and a huge commitment to go to that every wee k, so I appreciate them do ing it and also what comes out of that with the • Ne ighborhood Watch and more involvement. • Englewood City Council November 02, 2009 Page 17 4. She sa id I want to say tc John too , that I have only worked with you for two years and I may have more to say in two weeks , but I have appreciated that you brought a wealth of knowledge. You have been able to cut through a lot of chase and you will be sorely missed . (v) Council Member Jefferson : 1. He sa id first I just wanted to thank the Citizens Academy grads and congratulate them and congratulate the program on its fourth class . I believe it is an important way for people to connect with the community . 2. He said to Jean, l ·opefully we get some of her ccncems addressed if there are some violations there . certainly understand her c~ncems with Code Enforcement. Sometimes we do have a process we do need to go through before people are subject to fees or appearance In a court from their local government. 3. He sa id Jackie and Erin, I thank you for your presentation. I agree , there is a sharp learning curve on some of these medical marijuana issues . I am actually pretty proud of where we are at as far as the licensing structure cu,•ently. But I am happy to chat with you guys afterwards and try to understand better your concerns on some of thm ·e areas . 4. He sai d thank you Elaine for bringing your concerns. Maybe if I could chat with you further about some of thes, issues , I'm not sure, I did catch the gist of the presentation but I'm not sure that I understood all of the issues that are going on there but hopefully we can get those addressed as well. 13 . City M1nagef1 Report City Manager Sears did not have any matters to bring before Council. • 14 . City Attorney's Report (a) City Attorne:• Brotzman presented a reccmmendation , for a motion , to settle Arapahoe County District Court Case No. 08 CV 1481 -Colorado Custom Construction , Inc. v. City of Englewood and lhe Englewood Board of Adjustment and Appeals for $40,000 .00. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 14 (a)-A MOTION TO SETTLE ARAPAHOE COUNTY DIS,RICT COURT CASE NO. 08 CV 1481 -COLORADO CUSTOM CONSTRUCTION, INC . V. CITY OF ENGLEWOOD AND THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS FOR $40,000.00, AS RECOMMENDED BY THE CITY ATTORNEY. Mayor Woodward asked if there was any discussion . There was none. Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays: None 15. Adjournment The me•ting adjourned at 9:05 p.m .