HomeMy WebLinkAbout2009-12-07 (Regular) Meeting Minutes•
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1. Call to Order
ENGLEWOOO CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY, COI.ORADO
Regular Session
December 7, 2009
The regular meeting of the Englewood City Council was called to order by Mayor W0<;,1wa:•! ill ,•.:,J ~ m.
2. Invocation
The invocation was given by Council Member McCasl h1 .
3. Pledgo of Allegiance
The Pledge of Alleg iance was led by Council Member McCa.;iin .
4. Roll Call
Present:
Absent:
A quorum was present.
Council Members Jefferson , Penn , Gillit, Mccaslin , Wilson , Woodward
Council Member Olson
Also present: City Manager Sears
Assistant City Attorney Reid
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Wh ite , C0mmun ity Development
Director Gryglewicz , Finance and Administrative Services
Director Black , Parks and Recreat io n
Director Fonda , Uli 1Itl•s
Dlrec!or Kahm , Public Works
Operations Superintendent McCorm ick, Utilities
Field Operations Admin istrator Nimmo . Publ ic Works
Recreation Programs & Facility Supervisor Anderson
Recreation Program Admin istrator Jones , Parks and Recreation
Recreation Services Manager-Operations Hultberg , Parks & Recreation
Planner Kirk , Community Development
Pol ice Commander Condreay
5. Ccnalderatlon of Mlnutaa of Previous Se11lon
(a) COUNCIL MEMBER GILLIT MOVED, AND c•· .JNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNC •I. MEETING OF NOVEMBER 16, 2009.
Mayor W.:>Odward asked if there were any corrections or modifica tions . There were none .
Vote raaulta :
Motion ca rrie d.
.A.yes :
Nays :
Absent :
Counc il Members Penn , Mccas li n. Wil son , Woodward , Jefferson , Gilli!
None
Council Member Olson
Englewood City Council
December 7, 7009
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6. Recognition of Scheduled Public Comment
(a) Recognition of the 2010 Engle wood Calendar Artists .
Mayor Woodward said tonight we have the opportunity lo recogn ize nur studen t art ists with regard to our 2010
calendar. I would like to say good evening and welcome to all of you that are here ton ig ht. We have got a full
house and that is grent. Every year , the City of Englewood produces a calendar that showcases the talents of
our local student art is .s. A cou ple of weeks ago when we did all 50 of the piece s, I had ment io ned this is a
calendar that ma kes it's way around the country . There have been different events that I have been at. .. out of
the City and out of the State ... where these calendars have been shared and other Council members from
other c;t ie s think it Is such a great idea . So , your art is recogn iz ed . To help determine the artwork that will be
inclu ded in the calendar, we hold an art contest that is open to all students who live or go to school in
Englewood . The 2010 Calendar features 16 pieces from this year's student art contest. ! had the pleasure of
serving on the selection committee, along with the Cultural Arts Commission Members : Eric Bertoluui , Chair,
Heather Bartunek , Tamara Emmanuel , Jenn Enge, Karen Kenney, Janet Moore and Donna Schnitzer; as well
as Jim Doty , community member and artist; and Tim Vacca, Project Man ager for the Museum of Outdoor Arts .
We would like to offer a special thanks to the art teachers, th e school admin ist rators , and the parents for their
support of these talented artists . We would also like to recognize the generous sponsors of the 201 C
Englewood Calendar: A & B Custom Fra"1ing , Frame de Art , Tewell Warren Printing , The Museum of Outdoor
Arts , Englewood Arts , The Englewood Lions Club , The Englewood Cultural Arts Commission , Millenn ium
Bank , Breakfast Queen , Ted 's Clothie r,, Comers to ne Books and Gifts ; and The Colorado Neurological
Institute . We are retuming the artists ' artwork thi e ,ivenlng, matted and frame~. Arti sts will also receive a gift
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card to Hobby Lobby so they can buy art supplies and tickets to an upcomir.g Eng lewood Arts con cert at •
Hampden Hall he re at the Englewood Civic Center. Following the artist recognition , w~ would lik e to take a
photograph of all the artists with their artwork . Pleas o gather afterwards in the lobby outside Co uncil
Chambers ... follow Leigh Ann Hoffh ines out and she will help you out with that. Now , let's recogni ze the
artists . Mayor Pro Tem Jill Wilson and Le ig h Ann Hoffh ines, who coordinates the calendar project every year
for the City , will help me with the presenta tions . I would li ke each art ist to come forward as your na me is
called .
Le igh Ann Hoffhines said I am go ing to call each artist up and you can come up and sh ake the Mayor's hand
and Mayor Pro Tem Wilson will hand back your artwork . Fo r some of the larger pieces some of the parents
might come up and help ... because some of them are pretty heavy . So, on with the 01 O Calendar artists
recognit ion .
Ms . Hoffh ines said the 201 o Calendar artists are :
Olivia Castro, a 1" Grader at All Souls School . Olivia 's pa inting , "Fish in th e Sea Looking for a Friend ",
appears on th e cover of the calendar . There was applause .
Bailey Davis , as'" Grader at Clayt on Elementary School. Baile y's collage , entitled "Big Bird in the rarest",
Jppears in Ja nua ry . There was applause .
Jazlyn Rodriguez , a 3~ Grader at Cherre ly n Elem entary . Jazl yn's pa inting , "Bal cony of the Neptune ", appears
in February . There was app lause .
Gage Bland , a 1 o'" Grader at Colorado 's Fi ne st Alternative High School. Gage 's painting graces th e month of
March . Th ere was applause . •
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Englewood City Council
December 7, 2009
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Geneva Schafer , a 3"' Grader at Cherrelyn Elementary , Geneva 's collage , entitled "Zebra ', appears in April.
There was applaus e
Emma Bray , a 5th Grader at St. Anne 's Ep iscopa l School , Emma 's oil painling , "Dot Dream ing ·, appea rs in
May , Emma 's pa intin g is based on an Aboriginal motif. There was applause .
Evan Dalton , a 3"' Grader at Charles Ha y Elementary , Evan 's watercolor painting , "Coyote Shoots th e Slars '.
appears in June . There was applause .
We have two Ju ly artists because we thought the ir pieces went so well together. Preston Scott , a 2"' Grader
at Clayton Elementary . Preston 's piec e is ent itled "Google Eyes .· There was applau&e . And Brittne y Ve nab le ,
also a 2"' Grader at Clayton . Brittney 's artwork is entitled 'Po lka-Dotted Patty ." There was applause .
Tyann Scott , a 5th Grader at Clayton Elementary . Tyann 's artwork , 'The Raver,·, appears in August. Her piece
was inspired by a Native American tale of how the sun got into th e sky , There was applause .
Brenna Sauer, a 7th Grad er at All Sou!s Catholic School . Brenn a's artwork , entitled ·sweet Feet", appears in
September. There was applause .
Meghan Branstetter, a 12th Grader at Colorado 's Finest Alternative High School. Meghan 's painting , 'Skeleton
with Corsage '. appears in October. There was applause .
We have three art ists in November . The selection panel loved these scratchboards and couldn 't dec ide, so
they chose three of them . Frank Woronoff , a 7th Grader at All Souls School . Fran k's artwork , featuring polar
bears . was made with scratchboa rd. The re was applause . Jacob Lechner , also a 7th Grader at All Souls .
Jacob's piece , "Two Dee r", was also don e with scratchboard . There was applause . Shay la Frederick , another
7th Grader at All Souls , Shayla 's scratchboard piece , 'Bird in a Daze ', was inspired by a photo she saw in
Time magaz ine . There was applause .
Hannah Landweh r. a 1" Grader at All Souls . Hannah 's artwork, "An imal Stac k", appears in December. There
was applause .
Ms . Hoffh ines said I would also like tc note , that In addition to the 16 cale ndar art ists ... the winners ... the
calendar also features the entire top 50 that were hanging out he re in the exhi bition . I think that is a nice way
to recognize even more artists . We have loved ha vi ng your artwo rk up in the atrium . It has ju st enlivened
Civic Center ... we love it. And now with the calendars we get to look at the artwork all year. Thank you so
muc h and thanks to all of you for coming th is even ing to help us recognize these talented artists. Le t's give
them another round of applause , There was applause . She said I opened another box of calendars be ca use
they are gain l qu ickly. So . if we run out ton ight they are also available , beginning tom orrow. downsta irs at the
Li brary and ups ta irs in the City Manager's Office , at the Englewood Recreation Center and at the Malley
Center. So that concludes our artists recogn iti on , so if you wou ld like to follow me out so I can get a picture ,
that would be gre at. There was applaus e.
Mayor Woodward said th ank you .
(b ) Consultant Erin Marcove was scheduled to be present to speak regarding Cannab is Medical
Therapeutics . Sh e was not ,,, attendance .
Englewood City Counci!
December 7, 2009
Page 4
(c) Jackie Edwards , Eng lewood residen l, said good evening . Our presentation got kind of fouled
up for th is evening . Erin was called on an emergency fam ily matter and she has the power point presentat ion
and was going to go first. So, inste ad of working off someth ing that isn 't here , I think , probably , I will just pass ,
after I say that I revi ewed the ordinance that you are about to sign or that Is being presented , and I can see
that there is still total , complete confu sion concern ing what a primary caregiver Is for med ica l marijuana .
Because , not all caregivers are the same , some merely go pick up the medicine for their patients , so me of
them grow the med icine fo r their patients , some donate it to their patients , some people sell it to dispe nsaries
and not all dispensaries are necessarily caregivers . So , I would really like it if we could have the chance to go
over thosu c,,('1 the people who draft the ordinances , just so that they can understand the differences between
caregivers ar,d growers and dispensers . I know it is a very common confus ion , because the other cities
around Colorado are going through that as well . If we had never had the careg iver paragraph in that
amendment , I th ink that probably would have alleviated a lot of the confusion . One of the things that I noticed ,
in briefly reviewing the ord inance , Is that it ought to be stated ... say for instance ... the way that ii is now ... that
the primary caregiver would need to be licensed and so forth ... does that mean careg iv ers who live in
Englewood? Caregivers who have a business in Englewood? Does it mean caregivers who deliver to their
patient in Englewood? Or what? It is just so vague as It is . And then there is a whole other section of
caregivers that we didn 't discuss last lime, that are wellness centers ... where they offer massage therapy and
an array of other services ... classes on health and nutrition ... and , of course , some on growing , because some
patients also grow the ir own med ici ne . So , we have the caregivers , of many different kinds , who are not all
equal actually and there are dispensaries and being as the Amendment 20 does address dispensing , it is
reasonable to assume that dispensing would happen at a dispensary . And so there is another category there .
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There are patient collectives , where many different careg ivers bring in their medic ine and then the dispensary •
Is a collective . I look at it as kind of like the difference between a bank and a credit union , because in a
collective the patients are doing the work to keep the collective going and the collective , In the terms of
dispens ing med icine , is sort of the clearing house for the caregivers . So that a lot of times the careg ivers ,
unfortunately , never even meet their pat ie nts . So , that is on a whole other realm of care giving . And then we
have the wellness ce nters . Then we also have producers ... people who bake cookies and make candies and
tinctures and oils and creams and balms and that sort of thing . So , I don 't know what category you put them in
or would they be caregivers too or what? One thing I would like to see put in place in Englewood 's
ordinances ... when this finally gets all stra ightened ou t...is that I think all of the food products ought to be held
to the same health department rules as restaurants and any other prepared foods ... bearing labels and
ingredients and the contact number of the person who made those things . Because , if somebody gets sick or
has a reaction to someth ing they eat , they should be able to loo k at the packaging to see ... either before they
eat it or after they have eaten it... what is in it...and havin.i a number to contact if there is some kind of
problem . And so far Tri-County Health has not done anyth ing about th is area of edibles . I may be mistaken ,
bul I can 't fi nd it anywhere in the ir literature . So , if somehow , we could recruit someone from Tri-County to
maybe even write up a guide for the edibles , I think that would be a much healthier option than just having all
these things that people are getting to eat from ... whether it be a caregiver, a dispenser , a wellness center or a
collect iv e. That is, I think . what we need to do . Hopefull y, you will entertain that notion . So , I will be here to
take any questions or comments , if anybod y has any . And I am sorry that our power point presentation did not
ma ke ii here ton ig ht. Thank you .
Mayor Woodward and several Coun ci l Members said thank you .
7. Recognition of Unscheduled Public Comment
(a) Shannon said I am a registered voter and live in the City of Englewood , District 1, Pre ci nct
104 . I am here tonight to invoke my rights of freedom of speech , particula rl y perta ining to pet itioning the
government for redress of grievances and my right to individual pr ivacy , as the City of Englewood in the past
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F.nglewood City Council
Decembe r 7, 2009
Page 5
has posted my Information on the internet. to which I have been cont acted regarding this . I a,n here lo
address the issue of Ba ker Park 's lack of a port-o-potty . Last week I spent time call ing the Counci l me rnbers
whose phone numbers were in the Englewood Citizen . Th e onl y two representatives that I was actu a·•y s~le
to speak to were Joe and Rick . I have been hav in g an on-going conversation with Joe regard in g this .Joue
and Rick asked me to send an e-mail to him regarding this is sue , to which I did and was told by Rick that he
forwarded the e-ma il to the oth er Cou11 r,il members , as well as some people in the City Manager's offi ce. This
issue is that there are seven parks in Englewood that have regular plumbin g restroom facilit ie s. This
information was prov ided by Debb ie at the Parks and Recreation Department. Those seven parks are :
Belleview , Cushing , Bake r, Jason , Centenn ial , Bates-Logan and Roman s. All of these parks have at least one
port-a-potty in the winter , with the excepti on of Baker Park . When I contacted various staff members of the
City of Englewood , I got different stories on why Ba ker Park has no port-a-potty . I have also contacted the
Alternative High School principal , Dr. Skaggs , and Englewood Schoo l Superintendent Mr . McDaniel , because
it seems that one of the reasons for the lack of a port-a -po tty is vandal is m at Baker Park . Students of the
Alternative High School hang out at Baker Park when not in class . causing mischief in the park . The
Alternative Hig h School's policy states students are not to be in Baker Park. but noth ing is done to stop them
as the school yard has two openings into Baker Park and there is no longer security at the Alternative High
School , even though the regular high school and middl• school both have officers in each , even though they
are only a few blocks away from each other . Th is information was provided by Mr. McDan iel . I see a lack on
the City and the School Board to do anything about the issues that occur at Baker Park and with the
Alternative Hig h School students . So . based on the information that is before me , it seems that the City is
mak ing the citizens of District 1, Precinct 104, pay the price by not having a port-a-potty at Baker Park when
the other stated parks in Englewood have a port-a-potty . I hopo that you have seen the e-mail that I sent out,
as it has information in it that I did not touch upon . I know that City Council does not make co mments at this
time and will make comments at the end of the session , so I will be here to listen to what you havv to say, if
you say anyth ing . Thank you .
Mayor Woodward said thank you .
(b) Colleen McMar.us , an Englewood resident , said hello Counci l. I am just here today to bring to
your attention that there is a lack of lighting down at the Canine Corral . As of last week ... or two weeks ago ... I
think one of the light bulbs was actually out within the lighting , within the park . But the parki ng lot has no lights
at all and It is quite dangerous . Me ... as a single female ... l won 't go down there and I don 't get out of work
until 5:00 , so it is kind of hard for me to take rny pup to the Can ine for exerc is e. So , if you could wol'k with the
City , in regard to getting more lighting for the Canine Corral, I would appreciate that. Thank you .
Mayor Woodward said thank you .
(c) Doug Cohn . an Englewood resident , sa id I wanted to bring a couple of th ings before the
Council that came up during the City Council campaign . There is a two thumbs up , a bus iness opportun it y, I
thought we had fix ed that and what were you thinking . The two thumbs up first. A few weeks ago I brought
forward that at th e Simo n Center , there were two difficulties . One was the curb cut outs ide the Post Office had
a lip on it where we had resurfaced last summer and guy s in wheelchairs got stuck in the curb cut. It's fixed .
The second th ing is ... people in wheelchairs , who live at Simon , have not been able to get into the buildin g
because they had manual doors. The electric doors are being put on rig ht now . Two thumbs up ... nlcely done
guys . Thank you ve ry much for those . The business opportunity ... l would like to have somebody do a Council
request ... at 980 East Hampd en ... the neighbors are convinced that we have a brothel in District 2. This is
either a problem or a business opportun ity. Apparently , in 2006 the Police Department went by and had a look
and closed them down for a time . My dentist Is In the next building o·,er and I met the people on the oth er side
and they are convinced that there is some illegal activity going on there . My daughter-in-law is a massage
therapist and she charges $60 .00 a session . Apparently , there are three price ranges at the massage parlo r
there . The basic one is S350 .00 ... for $500 .00 they take off the ir clothes ... and I am not sure what happens al
$750 .00 . I th ink it might be useful to look into that one . The th ird one ... I ran into a constituent who is do ing
snme garage work . And with his garage he has been told that , even though he ha s a gravel driveway , that he
shall have con cre te when he is finished with the whole thing . I thought last winter we had talked that whole
th ing through and crushed rocks . gravel was an acceptable alternative . Maybe I missed something on that
one ... but he has been told by the City guys that he is go ing to have to have concrete . I c.n get you names
Englewood City Council
Decemb er 7, 2009
Pag e 6
and addresses if yo u wan t. .. when the time co me , fo r that . Council Member Jefferson sa id do you have !hem ?
Mr. Cohn said I don 't have them . I can get th em ,or you . The fourth one has to do w;,n !he whole bus iness
lh ing . We have lost two really solid longlime bus iness es in !own . I think maybe a lh lrd ... bul I haven '!
confirmed it. S & S Optika was here for more lhan 30 years and those guys moved over into Ll tl leton. A high-
end telescope slore , a lotall y cool place ... !hey chose lo move away . Alignmen l Mas lers moved awa y abou t a
year ago and I heard that Jerry 's Lealher has alread y moved away . When we have a problem with tax
revenue , I th ink it would be a re all y good idea to talk with the existing guys and see what we can do to keep
them here . As new guys want to come ... talk with them as well. And , with re spect to the new guy s, I have
informatio n that within th e last couple of months two businesses have come to town and both have been told
by the City guys that we don 't want yo u here . One was a hot dog stand and the other one was a dentist who
would have repla ced the dentist that closed do wn on Bates and Broadway . I guess Gary ... I don 't know all the
details of that...at least for th e bus iness guys , it wo uld be re al handy to find out if the re is a se t of criteria
where if you are a ho t dog stand we don 't want you here or if you are a dentist we don't want you here , They
have been invited not to co me to Eng lewood. I th ink that Is too bad . I think we need to fix th at . Anyway , th at
is what I have to say . Thank you ,
Mayor Woodwa rd sa id thank you .
(d) Ela ine Hults , an Engle wood res ident , said numbe r one I want to than k you abou t some
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action ... l don 't know who is responsib le for it. .. we app rec iate ii at Simo n Center . We do have the front doors
now are automatic and they are go ing to be doing the back doors , where th e ramp is, for the in valid or the
peo ple with whee lcha irs and motorized un its to get in the back doors as well . So, I wa nt to thank you all for
that. Now I am only concerned abou t some of our doors th at do not clo se prope rly ... for safety reasons , But , I
just wanted to bring up something tha t... I was surfing on the Net th is weekend and I found a site called Eye on
Englewood . I cop ie d quite a few of these things that were th ere , because th ey seemed very intere stin g, I
cop ied ;:,e pages and I sat down and I read them . I found an art ic le here that was ev idently posted t~ere on •
October 25th of 09 ... which is just a few months ago. And this had me qu esti on ing something , so I wo uld
appreci ale a response on th is, It said "Mayor Woodward and Bob Mccaslin have been served with an
Arapahoe County Distric t Court conspiracy case , together with City Manager Sears and Attorney Brotzman
an d Judge Atenc io, These charges do not depi ct responsibility or commitment , but are very se ri ou s charges
of mismanagement , violating the City Charter and ord inance s, wasting taxpayer's money to ruin individual
lives whom th ey disl ike or whom may recourse to unseat them an d laz in ess in tra ining or implementing
polic ies to prot ect Engl ewood residents and business owne rs·. I don 't know if you ha ve seen this art icle , but ii
is on Eye on Eng lewood and ha s this occurred? I wou ld like to know. Wou ld anyone answer me on th is?
Mayor Woodward said th is is a ti me for yo u to Jddress us and we will respond at the end of the mee ting , Ms ,
Hults said I wou ld appreci ate that, so thank yo u so much for the time .
May or Woodward sa id tha nk you.
8, Communication&, Proclamations and Appointments
There were no co mmun ir-atlons , proclamatio ns or appointments .
9. Consent. Agenda
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SEC11NDED, TO APPROVE
CONSENT AGENDA ITEM 9 (a) (I), and (Ii).
(a) Approval of Ord inances on First Reading
(i) COUNCIL BILL NO . 51 , INTRODU CED BY COIINC IL MEMBE R WILSON
A BILL FOR AN ORDINANCE AUTHORIZING A "LI CENSE-CITY DITCH CROSS ING AGR EEMEN T", AND A •
"TEMP ORA RY CONSTRU CT ION EASEMENT' SOU TH SUBURBAN PARK AND RE CREATION DISTRICT
FOR THE INSTALL ATION OF TWO WATER LINES CROSSIN G UNDER ENGLEWOOD 'S CITY DIT CH
RIGHT-OF-WAY AT THE APPROX IMATE LOCATION OF 5000 SOUTH WI NDERMER E.
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Englewood City Council
December 7, 2009
Page 7
(ii) COUNCIL BILL NO. 54 . INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AUTHORIZING A WASTEWAT ER CONNECTOR'S AGREEMENT BETWEEN
CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD,
COLORADO.
Vote results:
Ayes :
Nays:
Absent:
Council Members Penn , Mccaslin, W ilson, Woodward , Jefferson, Gillit
None
Council Member Olson
Motion carried .
(b ) Approval of Ordinances on Second Reading
There were no items submitted for approval on second read ing .
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval . (See Agenda Item 11 .)
10. Public Hearing Items
No public hearing was scheduled before Council .
11 . Ordinances, Resolution and Motions
[Clerk 's note : Throughout the following d iscussion of Agenda Item 11 (a) (i), pertaining to Medical Marijuana,
there are several instances of Council members talking at the same time . As a result some of the discussion
was unclear.)
(a ) Approval of Ordinances on First Reading
(i) Community Deve lopment Director White presented a recommendation from the
Community Development Department to adopt a bill for an ordinance amending Title 16 of the Englewood
Municipal Code (Unified Development Code) pertaining to Medical Marijuana Primary Care-Givers. He said
this is an ordinance establish;ng zoning regulations for Medical Marijuana Care-Givers. If you will recall, back
on August 17th of this year, Council approved Ord inance No. 34 , which established a six ~·,nth moratoriu m on
any additional medica l marijuana primary care-givers localin~ In Englewood . At the time the moratorium was
passed there were three care-givers that h~d located within Englewood. The moratorium was intended to give
us time lo do two things. One ... developing a licensing process, which Council has a•iproved and the
ordinance is in place , and to • '1bli sh zoning regulations for th is particular use. W e oegar. the process by
holding two work sessions che Planning and Zoning Commission earlier t! ,Is ye;,r. We presented several
options for them to consider 111 classifying the use ... considering certain zone districts and we also presented
what other jurisdictions were doing at that time. We crafted an ordinance , which the Commission considered
at a Public Hearing on October 20th. And although there was some agreement on some of the provisions
contained in the ort•inance, the Commission 's motion 10 approve that ordinance failed on a tie vote. What we
have brought before you tonight is the ord inance that they considered at their Public Hearing , with two
amendments that did receive favorable votes that night. So , what the ordinance in front of you does, is it
amends the Unified Development Code to do the following : first It adds two definitions to the Code. Those
definitions are medical marijuana, primary care-giver and the second one is usable form of marijuana . Whai
we do in those definitions is we reference the State Constitutional Amendment, so we are not making up or
promulgating any new definitions that aren't contained in the CMstitutlonal Amendment. The second thing the
ordinance does is establish medical marijuana primary care-givers as a separate use in the Table of Uses fo r
Commercial and Industrial Zone Districts . Within that Table of Uses, it allows care-givers as a permitted use in
MU -B-1 District and the MU-B-2 D istrict. It allows caregivers , as a Conditional Use in the new M-1, M-2 and
Englewood City Council
December 7, 2009
Page 8
MO-2 Zone Districts and it prohib its caregivers as a use in all other zone districts . Those wou ld oe the
Residen tial Zone Districts and Industrial Zone Distri cts . And it also prohibits care-givers as a horn,,
occup ation . The ordinance goes on to establish use sp ecific standards for care-givers . And those use specific
standards are that the use must be located 500 feet from any pub lic or private educational institutieo , licensed
child care fac ility and church or relig io us institution . Second , the care-giver must also be located 2ou0 feet
from any other care-giver , except where this requ irement overlaps with the M-1 , M-2 and MO-2 Zone Districts .
Th irdly , these distanc ing requirements apply whether the use is located in Englewood or in other jurisdictions .
So for example , if there was a school righ '. or. · •,e border of Englewood, we would measure 50~ feet from th2t
school that might be located in Denver and th,, :,ould create a distancing requireme nt within the City of
Englewood , such that the primary care -giver c· •. sot be located within that 500 foot radius . The next
requirement .vould be that the care-giver use m,· t comply with all City Licensing requirements ; that being the
Care-giver licensing and sales tax licensing reqc ,rements . Add itio nally, th e use must operate between the
hours of 8 a.m. and midnight. Furthermore , all medical marijuana must be keep indoors and not be visible
from the sidewalk or public right-of-way . And finally , the care-givers shall not include areas for on-site
consumption and shall comply with the State 's smoking laws . We included a map in your packet showing
where, under these specific spacing requ irements , additional care-giver uses could be located in the City and
those areas are showing red on that particular map . The moratorium thnt I mentioned previously , expires on
February 17th of nex1 year. In orcler to have regulations effective prior to that date , it is necessary for Council
to conduct a Public Hearing on December 21 , 2009 and to adopt t~e ordinance on second reading on January
4, 2010 , so we have regulat ior.s in place before the moratorium expires . With that , I will conclude my
comments and answer any questions Council may have .
Mayor Woodward said ... questions ?
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Council Member Penn said yes ... Alan , I have one . Can you give me the reasoning why they felt there was a
need for this 500 foot buffer. I mean ... do we have a 500 foot buffer for pharmacies? Director White said we •
do not. They were considering the use similar in Impacts on a ne ighborhood to a liquor establishment. And
there are spacing requirements in State law for liquor establishments and , I believe , the requirement is 500
feet.
Counc il Member Jefferson said I think from a business mi x standpo int it also makes a lot of sense to have a
certa in area that they distance themselves from each other .
Council Member Penn said I like that , I don 't have a problem with that , I'm just quo,stioning the 500 foot buffer .
I mean , I don 't look at this ... as medical marijuana being anywhere close to what a liquor store is li ke . Mr.
Jefferson said ... I'm sorry? Mr. Penn said I don 't look at it as being the same as a liquor store . I look at it as
being a pharmacy . Why are we ... we don 't make pharmacies go in certa in areas .
Council Member Wilson said ... but the State doesn't look at it as a pharmacy or it would ~e in one . I
mean ... we don 't. .. this is considered ... Council Member Penn said they don 't look at it as a liquor store either .
Ms . Wilson said no ... it looks at it as a retail business . Mr. Penn said we don 't go aga inst retail businesses ... to
stay aw ay from schools . Council Member Jefferson said ... other retail businesses there or of themselves .
Council Member Mccaslin sa id but isn 't the 500 feet ... the way I read it here ... is licensed care , child care
facilities , educational institutions . churches and religious in st itutions .
Council Member Jefferson said that is correct. And there is a 1250 buffer between the same type of
bus inesses . Mr. Mccaslin said 250 ... wasn 't it? Ms . Wilson said 2500 . Mr . Jefferson sa id 2500 ... your right .. it
was 2500 and there was som ~ discussion of bringing it down to 1250 , bu t... I apprec iate those comments
Randy , because I actually do view it a lot like a liquor use , so I am kind of curious as to why we hav e those
different ideas . In my mind , it is one of those things where i is licensed by the State , but not regulated by the
State . And sr 1ou know, the people who are best suited to •egulate this type of industry are the lo cal •
mun icipalities . So that Is why , you know , in my mind , someth ing like this is great fo r a dual type of licens ing
structure , that allows the local munic ipality to have some ab ility to regul ate the ie dust ry . Because we know
that the State , right now, has no ability to regulate th ese things . And so , in my mind , that's why local
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Englewood City Council
December 7, 2009
Page 9
mun icipalihe s are the ••igh t pl"ce for that. And , in my mind , that hcensing structure is ve ry simila r to 11i e way
liqu or lice nse s are issued and re gulated .
Ma yor Woodwar d said ca n we ... before we get too fa r .. can we ... rlgh t now we are at quest ions for Alan ... we
haven 't even ma de a mot io n yet . Counc il Membe r Jefferson said okay .
Mayor Woodward sa id Rand y, did yo u get yo ur questio n ans wered ? Cou ncil Mem be r Penn sa id yeah , I got it.
Council Member Gill it sa id I have a question . Did the y address any of the food control items ? Tha t was a
great comment that came out ton igh t abou t food control in these fa ciliti es ... for these care -give rs . I mea n we
can 't sell. .. we can 't bring cookies in here with out them bein~ ... yo u know , somebody legal can brin g them
in ... just abou t. Dire cte r White said the Commiss ion did not :,-Jdress th at aspect of the .. Mr. Gill it sa id is th is
something that we should be address ing ? Council Member Jefferson said Tri-County would be the
appropriate body .
Council Member Gillit said I was concerned ... ! mean , ye s, we could put the whatever the ca nnab is does
inside , but you can yet a rotten piece of ... or whatever with the ... l don 't know ... l'm jus t concerned about the
control and I'm just wondering if they ha ve thought of an y of that at all . Or ... and maybe this isn 't the right time
to ask , but did the y talk about cannabis standards ? Director Whi te sa id the y did not. The y were strictly
concerned with where these types of uses should be located withi n the City 's zon ing scheme .
Mayor Woodward as ked if there were an y other q•Jestions .
Mayor Woodward sa id I have a coup l0 I understand we don 't have codes with reJard to jewelry storus and
security systems with jewe lry stores ... however , I do understand a lot of other cities are looking at similar type
of security systems for nedical marijuana dispensaries for the safe ty of the people withi n and the community
around . And I think , as late as last night, there was news abou t a break -in at a dispensary in Lakewood and
we have had one here in Engle wood. Was there discuss ion regard in g surve illance , alarm systems , bars ,
anything like that ? Directo r White sa id there were short discussions on those items . Bu t I think the Planning
Commission felt it was probably ... just like with a j ewelry store or a bank .. , it would beho ove them to install the
security system that they fe lt appropriate to prot ect their business , just like an y other bus iness would do . And 1
think it rea ll y wasn 't the purview of the City to regulate lhat or . equ ire that.
Mayor Woodward sa id another quest ion . Some of this informctlo n 1 ha d received ... I i1 ad done a sem inar on
Thursda y, from the commercial real estate point of view on med ical ma rijuana 1ispensaries and lea sing or
leasing !hem as a landlord . Ho w about an y rehabilitalion fa ci lit ies or group homes fo r the de velopmentally
disabled? And I not ice d parks were not part of th is ... whereas I have see 11 in other city ordinances , with regard
to this ... parks have been pa rt ... and communily c::>n t2rs . Directo r Wh ile sa id they went through a laundry list , if
you will , of uses lh at lhey lhought pr imary care-give rs should be distanced fro m and these were th e lhre e or
four lhat they felt were most appropriate to ma inta in spa cing from . Bu t lhe y did loo k ,ta more extensive list.
Ma yor Wooaward sa id I th ink this ma y address som e of what Jackie was tal king about to o ... Cert ainl y, I th ink
the Ame r.d , .,ent itself defines what tho care -giv er is, The dispensar ies are defined wi th rela lionsh ip to that
care -gi var. ,,J ut lhe ... when tt,ere ar e some Catc h 22 's in here fo r the med ical marij uana patient ,
user ... wh ?v er. .. l th ink ... and how do they get th is and that is ... so I am curious to know ... was there a11y
dis cuss ior .e gard ing indoor gro w farms or labs or ... lh ose type s of lhings , .. where could the sto res be grown ? I
kno w there is a concern with regard to the ... from a real estate po int of view , of any cross venl 'lat io n and
mol d ... th at •;a rt of thing , which was brought up . Director White sa id the Comm iss ion was very careful.. on the
aJv ice of tne City Attorney 's Offi r.e ... to sl ick with the defini lions tha t we re conta ined in the Constilulional
Amendm e11t and not cre ate other ter ms 1hat we ren 't co ntai ned in lha t Amendment. And our interp ret uhon of
the Constitu tio nal Amendment is tha t a prim al'· ~are-g iver is a person that acqui re s, transports , grow ~ .. "'ny c,f
lhose activities ... would requ ire thal person le be a prima ry care -giver. And if th ey are do ing all or those
Bctiv ities or an y one at th ree activiti es , the y wou ld ntled to conform to ou r proposed regu la ti ons .
Englewood City Council
December 7 , 2009
Page 10
Mayor Wood war<! said ... so , it all came back to ca re-give r.. Director White sa id yes . Ma yor Woodward said is
that defin ition as stated with in :he Amendm ent? Director White said that is correct. Mayor Woodward sa id
okay ... that's all I have .
Mayor Woodwart' said is there anything else?
Mayor Woodwarti said is there a mot ion for approval of Agenda Item 11 (a) (i).
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO
P.'. ?ROVE AGENDA ITEM 11 (1) (I) -COUN"IL BILL NO. 53.
COUNCIL SILL NO . 53 INTRODUCED BY COUNCIL MEMBER JEFFERSON
A BILL FOR AN OR91111ANCE AMENDING TITLE 16 , CHAPTERS 5 AND 11 , OF THE ENGLEWOOD
MUNICIPAL CO!JE 2000 PERTAINING TO THE UNIFIED DEVELOPMENT CODE AND MEDICAL
MARIJUANA PRIMARY CARE' ·GIVER.
Mayor Woodward said now we will get into discussion .
Council Member Jefferson said I wondering what was the best way to attack this . There is so much ma'.arial
h&re anu I'm sure there are lots of different areas that people want to discuss .
Council Member Wilson said I was wondering if we should , perhap s, extend the moratorium and discuss this in
Study Session .
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Council Member Jefferson said I generally agree a Siudy Session probably would have been a better area for •
a lot of these discussions . Ms . Wilson said yes , t,,,cause I think there is a lot to look at. And the othe r thing ,
a, I understand ... the State is going to review this after the first of the year to see if they are going to make any
chaages . So . I guess. in my opinion , it would make sense to review th is after the first. to see where they are
going . and extend the moratorium and then hav,.1 a Study Session , so we are just not going ... you know.
making ci ,anges or do ing this and , you know, and try to keeo scme semblance of order. That would be my
opinion .
Council Member Gillit said I would agree ... with the same th ing . I would likr, to ~ind of go off of what Randy
said . I have a problem stigmatizing a legal business . You know . yes , we have to do that with Liquor
Stores ... but I do n't need a prescription to gel a bottle of Rum . I need a prescription to gel cannabis . And we
are stigmatiz ing ii by saying ... you know ... because It is cannabis we have to set all of these other rule s. I
perscnally have a problem with that. It is either legal or it's not. It's either helping people ... like the
pharmaceuticals ... that is why I think we need to tal k a lot more about... because the way ii is right now . I dun't
feel comfortable with it.
Counc il Member Wil son said I am getting a lot of feedback from constituems and how they feel about
tha t...you know , not wanting ii in their neighborhood and not feeling comfonab !e and feeling that :hree rs
enough . So I th ink that would be a great lime to have that discussion.
Council Member Gillit sa id one of the th ings I would love to dis cuss with that is commun ity lriendly signage .
Because . I have been talking to my constituents abo t ii as well , and their number one complaint is , I hate
seeing that big old marijuana leaf. Ms . Wilson said exactly . Mr. GIiii! sa ld ... and I th ink that If we had more of
a ... if WP. <:an work with the community and say . listen can you help us cut. .. we want to help you ... help us
back ... can we agree on some commun ity friendly signage that would make th is look a little bit more appeal ing
to our community ... I think we would get a lot more help .
Coun ci l Me mber Wilson sa id well if ii looked more professional ... Counc il Me'Tl ber Gill i! said exaclly ... Counc il •
Member Wi lson continued and medical ... ~s opposed to reefer do cto r ... doct or reefer ... Of wha:ever was down
on .. The oth er thing too I'm find lng ... is it seems like next to every ... or ne xt to these ... what pops up is a ... for
lac k of a be tt er wo rd ... a head shop . And so then we have that Issue ... you kno w ... wh ich is ... ii has got the
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Englewood City Council
December 7, 2009
Page 11
same kind of signage and pe ople are upset abou t that and fee l tha t that's ... you know , they don 't want that in
the ir neighborhood eithe r. So , I mean , I th ink we need to look at all of the ,e different options and problems
and concerns .
Council Membe r GIiii ! sa id defin itely . I think , after the issue with Headed West...l lhink , you know , with
signage , I think we have some gu idance of where we sho uld be go ing and wha t we should be looki ng at. We
defin itely understand that the community wants some help with that. If v,e could be look ing at that at our Study
Sess io n, I would definitely move that we extend the moratorium to talk about this a little bit more .
Council Member Jefferson said I have no real problem extend ing the moratorium alo ng , but I certainly ... I don 't
know. I guess I don 't reallv wa nt to wait for the State . I prefe, for us to just go ahead ... because who knows
what is go ing to happen :1e State . I just feel like it is just going to continue to drag on and , you know, I
would actually prefer to me ,~ forward with it more quickly .
Council Member Wilson said ... but do you think the Sta te will have some bearing If they make changes ?
Counc il Member Jefferson said yes , potentially we may have to make some changes and I don 't disagree with
that. ... I just feel like it is such a con•,oluted going on . Ms . Wilson said because ii seems to be pretty much
on the front page . Mr . Jeffersor s.,id I just can't. .. ! I\' J!d prefer to move on ... because I really ... ! feel
comfortable with th is actual , ge: 1t,ral strategy . I do like this density app ro ach to the zoning . I th in I< it ma kes a
lot of sense for thr, businesses and for our community . Just a comment on the stigma port ion ... I generally
agree with that and I think the intent is not here to stigmatize an industry and say that what the y are doing is
not right... because it is clearly an accepted policy in the State . However, in my mind , you know if you see
what is going on ... and that is why I made the comment abou t... I think ii makes sense from ;; busi ness mix
perspective . If you see what Is going on just north of Evans th ere ... you have got some of them building right
next to ... or opening shop righ t next to each other and they branded that area as Broadsterdam and while I
have no problem with that business type, I have no problem with the policy ... I would not li ke to see our main
bus iness corridor be branded that way and attra ct different type bus inesses , rathe r than th is eclectic mix we
have now ... in my mind . So , I am concerned about...and that is why I think th is densit ~ way ... really is a great
way to go about it. You know , I personally have some ... you know ... maybe I wouldn't make them quite as
restrictive as what is dep icted on the map here... but I do think that is an appropriate way to handle those types
of issues .
Council Member Wilson sa ia ... so we should go ... is th is the opportunity to go ahead with the ... you know , to
extend the morato ri um and then set up a Study Session to have this discussion of how we want to go forward?
Council Member Gillit said in the meantime they can still get cannabis . Council Member Wilson said yes . the re
are three open . Mr . Gillit said we are not sto;,pin g this . Ms . Wil son said they were grandfathered in . Mr. Gill i!
said I want 10 make sure tha t... I am still a proponent of people getting what they need . Council Member
Jefferson sa id agreed . Mr. Gilli! said I would j ust prefe r that we do ii right.
M&yor Woodward sa id it was very clear ly within here , th is ordinance , that the existing were grandfathered in .
That is exp lic itly stated .
Council Me mber Jeffers on said ... and I lh ink we do ... I'm sorr; ... if I could just finish ... I th ink we do have some
issues with the care-giver and the expans iv e area that that covers and so I thi nk we need to be careful about
wha t... you know ... using that te rm and making sure that Wu want lo incl ude all of the different variation of that
term . Which we may ... in all honesty ... we may ju st dec ide ... fo r now we want to mirror the language and go
wi th that and that covers a multitude of different things . But , In my mind , that is probably ... lnitially , we want at
least to delve Into it , because you noticed in some of these residential areas , a lot of patients are als,, care -
givers and so can they do that in their house? Tiiat was kind of the fies! th ing that popped up in my mind , but
ju st generally t will highli ght again , that I really t~lnk that this density approach is really a great way to go about
this ar,d I th ink Denve r ... Charlie Brown is pushing this type of enforcement in Denver and he is also push ing a
very similar licensing structure , which I thought was unique , which I th ought was really cool . II is very similar
to ours ... do lng a bac kground check , licensing fees ... so , I truly believe we are on the right path here and ... like I
sa ld ... l would prefer to just go ahead and go with what we thought made sense for our community , rat her than
waiting for th e State to regulate it. Because I just ... I think ii could be awh il e.
Englewood City Council
December 7, 2009
Page 12
Council Member Wilson said I JUSI lhink ... you know. the caregiver thing ... and then what Jackie brought up
today with the food . And I thought that was ve ry interesting , because that hadn 't. Council Member Jefferson
said ... agreed . And I think some people may have to lobby Tri-County ... bu t I do"'t think we have any interest
in regulating that ourselves . For example ... all the restaurants in Englewood he;e are r,01 regulated by the
City . They are actually regulated by Tri-County . So . you know . Tri-County pro~aol y should be lobb ied to
handle some of these .. Mayor Woodward sa id ... do what they are supposed to do . Mr . Jefferson
said ... exactly ... in a commerc ial sett ing .
Mayor Woodward said ... I think Joe ... you know as well as anybody here ... beins in the res taurant bus iness .. I
think it is Tr i-County that would have to regulate and be checking that ou t... tha t th is Isn't homemade stuff.
Council Member Jefferson said perhaps that is something we bring to the attention of Tri-County as an entity
that makes up part of that.
Mayor Woodward said .. and the dispensaries ... the y need to be aware of it too ... that you can 't be mak ing
brownies at home and ... Council Member Jefferson sa id it is just funny ... because you would thlnk ... certainly
Tri-County will come and knock on my door if I don 't knock on theirs ... so . you would thi nk . sooner or laterth3y
will be knocking on theirs . You know a big problem with that is that they don't know who is in business now.
because not everyone who is operating one of these th ings has a business license . So , there is no easy way
for them to index and say okay ... here are the dispensar ies in our area ... lets go visit them . That is another
rea son why I think what we did with the licensing was a great step forward .
•
Council Member Wilson said they can come visit us . Council Member Jefferson said ... what's that? Ms .
Wilson said Tri-County can come see us . Mr . Jefferson sa id I'm sure as the municipalities do ... they will
probably catch up ... but it is probably tough for them to comb the streets looking for these th ings . •
Mayor Woodward said ... so . is it the consensus here of. .. wishes Council to go back to Study Sess ion and start
work ing on this?
Counc il Member Gilli! said I would prefer that and maybe get some signage code ... get some sign code before
we ... Council Member Wilson sai d ... and look at the broader picture and now we kind of see where .. Mr. Gilli!
said exactl y.
Mayor Woodward sa id getting the sign code involved might be a little much ... because the sign code is pretty
huge and I think that is a whole separate ... ! mean , just read ing Zor,h·g minutes and stuff like Iha 1,,e sign
code is huge .
Council Member Wil son said I would like to Council Member Gilli! said if you are go ing to talk about
community friendly sign age ... that is going to have to be some part of our discuss ion .
Mayor Woodward said we can have that.. Council Wilson sa id yes . Mayor Woodwa;d said ... but when you
said sign code .. Ms . Wilson saic ... the signage , becau se there are also cities who have sa id that. .. and I think
Breckenridge was one ... that they wanted no signs on the build ings . Just the address . because of that. So. I
th ink, you know , there are different variations , but it is something for discuss io n and so I am ... l th ink to move
forward with the morato riu m ... so is that what we do neat...or how is that... the process ?
Mayor Woodward sa id well the moratorium ... Council Member Wilson said ... to extend it. Mayor Woodward
sa id ... help me with this Nancy ... in not do ing a inedical...an emergency moratorium , we would nee d to do fi rst
read ing on December 21st second reading on tne 4th of January with approvals on both to
extend ... pub lication r, the 8th and that would make it effective on the 7th ... the moratorium extension .
Currently , the currr moratorium will end on the 17th of February . So , we can go that route or yo u know , we •
could do an emer~ency as •ate as January 19th ... first reading ... second read :og the firs t ... effectiv e date
F,bruary 1... publ icati on February 5. I would suggest we do the first one and te right out there with it. Ms .
Wi lson said rioht. Mayor Woodward said then 1t is just a simple extension of thR ex isting moratoriu m. And 1
guess I have a lit tle different perspective , th en maybe you do Joe . on the State part of it and that Is that the
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Englewood City Council
Decembe r 7, 2009
Pag e 13
St ate is out of ses sion by mid-M ay ... so . wh at ever . if an yth ing th al the y are go ing to do ... ls go ing lo be do ne by
mid-May. And I th ink th ey go into se ss ion on lhe 131h of January or som elh ing like lh at. So , if we did a six
monlh exlens lon . it gives us the opportun ily ... I mean ... to disc uss, lo lei so me of lhese thi ng s happen ... if the y
are go ing lo happen al the Sta le leve l and be ready to move forward.
Council Memb er Je fferson sa id I appreci ate those commenls . I guess I, aga in ... ! would jusl prefe r. .. you know
the Sta,e has had th is pol icy now since lhe Amendment has passed and lhey have done noth ing . They
con ti nu e to sit on the ir hands and allo wed th is induslry to go totally unregulated . So , in my mind ... wh at if we
go six mo nth s aga in ... ! gues s my lhoug hts would be , if we go another six monlhs ... the y do noth ing ... Ma yor
Wood ward sa id we ll they wo n't do an yth ing In the second six months but it was just th is yea ; th at it. .. 'rea lly
became ,agal nationa ll y', an d tMt was in March .
Counc il Membe r Jefferson soid ,. will take major pol itical pressures for them to get something don e during this
sess ion . I totally agree and ;• I 1,,d to bet , I wou lrl be t that they get something done th is session . I just. aga in,
I Just don 't li ke sa ying that""., .. ·•'t wan t any of these guys for so long ... you kno w whal I mean . I th ink six
months has been an adequa11, t,me for us to invest igate this .. maybe another month or two ... I wouldn 't want to
go another si x months , personally .
Counc il Member Wilson sa id I thin k ... though t the six mo nths .. but , we do n't ha ve to go the si x months ... itjus t
gives us that time ... but it gives a time frame .
Council Member Jefferson said good po int. I just kno w tha: there are a lot of people out the re who are waiting
fo r this mo ratorium to lift and are as king us... what are the reg~lations ? And I j ust feel like putting it out another
six months is just... when I think we have a reasonable soluti on In front of us ... I gues s, is the only reason I'm
say ing that. If I thought we were 100 steps away ... I would say let 's ta ke it eas y, but I th ink we are relatively
close .
Council Member Wil son sa id I am not su re I agree with all of this th at is in the ... P & z. Counc il Member
Jefferson sa id I'm not sure I agree with it at all . I just generally agree with that genera l strategy . I th ink the re
is a lot of tweak ing , a lot of discuss ion that needs to happen on a lot of these regulat ion s.
Council Member Mccaslin said that is why I feel ... when you said unregulated ... ! th ink the six months Is good
for us to sit back and really study it and do our homework on it instead of say ing we are go ing to open lt...and
th en have to come back and change some th ings . I would ralher work the six '1t On ths and rea lly de lve into it
and really look into it ... like we brought up the food . That is a hugs th ing .
Cou nci l Member Penn sa id I loo k at it just the oth er way . We have had it six months and we haven 't done
anyth ing . But If we go another six mon ths , we ma y sit on our hands aga in. And I'm j ust rea lly ... I mean vie
ma y not got an y further .
Coun ci l Mem be r Wil son .so :d I don 't be lieve that...! tl ,,,,k we are further. .. ~ut I th ink.. Counc il Member Penn
said >11 e ha ve already get this and no w yo u wanl to ch ange ii al l. Ms . Wil so n said ... well I don't ag ree wi lh ii.
Mr. Penn said we sho uld have had th is taken care of a mont h ago in Si ud y Session . Ms . Wilson ... bu t there
has be en so mu ch more ,nformati on passed out since th e beginning of thi s an d it is like just da ily ... hitting the
news.
Counc il Mem ber Mccas lin said every da y th ere is someth ing . Cour ,cil !,!ember Penn sai d it cou ld happen
ag ain. Coun ci l Member Jefferso n sa id It co uld happen aga in ... that is the real ity .. we have lo be read y for tha t
Counc il Member Mccasli n sa id la st Frida y th ere was a11 articl e about Cherry Cre ek ... a place goi ng inlo the
Che rry Creek Ma ll . Som e oeople ... l th ink the re Is just loo mu ch in formal ion that we still nave to gather to
ma ke a rea ll y good ordinam ·e. It to ok us how lon g ... how long did it take us fo r the do g ord inance ... two yea rs ?
It 's not going to ta ke us lhat f<,ng . But we are in the mi ddl e of th is n,•w and now is the tim e to study it and do
som el hing and we have si x mcnth s to de and do ii the right way.
Englewood City Council
December 7, 2009
Page 14
Council Member Wilson sa id ... an d there are three places open , so people aren 't left withou t... Council
Member McCaslin ... il's like we 're not saying stay out of here . we don 't wanl you ... we want you here . But we
want to do it the righl way . Ms . Wilson sa id and he lpin g.
e;,,uncil Membe r Jefferson sa id I tota lly agree wi th lhal. I th ink lhat we are looking oul for our co mmun ity there
by allowing tho se things , but what we are not look ing for is the other people who are in th is market , who want
an open and :ree market without government intervention , you know what I mean ? We sa id six mo nth you
know and now we are talk in g aboul another si x nc onths ... l just th ink that , •J lt imately , lei's make some genera l
ground rul es and allow people to do business .
Council Mem ber Mccasl in said did you say there are quite a few on Broadway ... just on Evans ... north ... ?
Council Me mber Jefferson said north of Evans ... I was referenc ing a few . Mr. Mccaslin said our residents can
go down there . if they feel like they are not be ing served here . There are olher opportunities . So we are not
depriv ing anybody of anyth ing .
Counc il Member Jefferson said we are not allowing ~us inesses to do business In our commun ity .
Council Member Wilson said ... but it's just not about the money . Council Member Mccaslin said yes ... it•s
about lhe we lfare of the people who use ii. Council Member Jefferson sa ld ... agreed ... agreed . Ms . Wil son
sa id it 's about the people and the constituents and what they want and what they want for their City . Mr.
Mccaslin said ... and making sure we are doing the ri ght thing .
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Council Membe r Je ffe rson sa id ... and I am not disagreeing with tha t... I'm just pointing out that I think yo u guys
are right on with a lei of thal and I want lo mal,e su re we do the right things . I just want to make su re 1•ou are
also cons idering the other people who want t~ do business in our commun ity and government is t~ll ing them
no ... you cannot and we tell them no , you cannot for six months and now we are going to tel1 them , no YL:..! •
cannot for another six months . I know there are people in this audience ton ight who are waiting to hear what
is going to happen , so they can make an Investment in our commun ity , and we are delaying that process
a,,other six months by extend ing the moratorium .
Counc il Member Wilson sa id we are not saying ... we are say ing uo to sis months .. we are not say ing six
months . Council Member Mccaslin sa id right.
Counci l Member Mccaslin sa id I think it is giv ing us an opportun ity to look at it.
Counc il Member Jefferson sa id bus iness rel ies on certainties to make investments and when you say si x
months , you know , gue ss when tha t investmenl is go ing to commence ... il's not go ing to come in before
then ... certai nly .
Counci l Member Wilson sa id well , but I .. everything I have read too , is the people who want to have a
legi!imate bus iness in this type of busines s that they want it to be re gula ted , they want it to be tight. Counc il
Member Jefferson said I don 't disagree with tha t. Ms . Wi lson said thef don 't want loosey , goosey rules and
regs and th~y al so ... because the y don 't want people hurt Th ey are no t looking at thi s ... I mean . yes it is a
bus iness , but it 1s also .. its hPr1lth .
Coun cil Member Mccaslin sa id th is is an advanc ing bus iness ... an opportunity ... they are look ing at it as an
opportunity Wh ic h I don 't blame them . But we also have to protec : the interest of people ... the neighbors , the
other. .. Council Member Jefferson said I th ink we have got tha t...in ... nol necessarily . you know . we are
go ing to have to delv e into a lot of detai ls, but I thi nk the general structure for loo ki ng out for our commu nities
interest is there . Mr. Mccaslin sa id right...okay .
Mayor Woodward sa id ... Joe, how does a four month ... an extension of four mon ths , as opposed to six ... ? •
Counci l Member Jefferson said ye s ... on the lower end is what I would .. Mayo r Woodward said thal gets
through the legislative pro cess . And I really would lik e to see us ge t lhrough th at State part . Because I do
be lieve somethi ng will happen at the State
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Englewood City Council
December 7, 2009
Paga 15
Co unci l Membe r Jefferson said I am hopefu l too , I am hopeful too , I don 't mean to sound unhopefu l. .. I jus t...
Council Member Glll it said I want to get th is going as qu ick as poss ible ... ! just want to do it educated .
Mayor Woodward sa id yes ... and I want the commun ity inpu t. Certa inly ... a Publ ic Hearing on th is .... Counc il
Member Gilli! sa id exactly .
Counc il Member Jefferson said ... so ... what do you puys th ink? I mean is there .. , Mayor Woodward said I
think we need to get...to pu t It on ou r Study Sess ion lis t...th is is my op inion ... and extend the ... do an
extension ... if Councils de.;ire is to move forward with a four month extension .
Council Member Jefferson said I guess I have one qu ick question . Jus t a point of order. ::ould we ... if we ... at
our next Study Session agreed upon some sort of regulation structure ... could we get that in second reading
hefore the moratorium were to lift? Or is that... Council Me mber Wilson said no , because we need a Publ ic
He~r ing . Mr , Jeffersoo said .. , we 've missed that opportunity . Okay . So , saying that. then I think the
morato, :am is the oily way to go ... it is just how long the length of that moratorium is going to be . Is everybody
In agreeme ,it on that? Randy , what do you th ink of that? Council Member Penn said that's fine . Col'nci l
Member Jeffe;son sa id okay . Mr. Penn said ... but I agree with you ... I don 't esen know if I could go with four
months . Council Member Jefferson sa id yes ... I would prefer to go as low as possible . Whatever in m, mind
would give us an ample opportunity to agree upon something and get it passed before that , before the
moratorium ended .
Council Member Wilson said ... well then maybe we should wa it until the next Study Sess ion when Linda is
here too ... because she has her ... I mean I don't know if we can do it tonight , or if we should wa it.
Mayor Woodward said , .. well , we have some date constra ints .
Council Member Jefferson said what is the minimum , I guess , that we would need to ... comfortably , I'll
say ... agree upon something , ifwe we re able to do that in a Study Session?
Assistant City Attorney Re,d said don 't look at me, you all are the ones that are ., Council Member Jefferson
said I'm sorry , You h~ve a bunch of dates in front of you . That's the only reason I'm look ing at you . Mayor
Woodward said I'm sorry Joe , will you ask the question again? Mr. Jeff, rson said again , I'm just saying what
is the minimum extension of th is moratorium we would need to comforta, 'v get through ,,, if we were able to
agree upon a regulation structure? You know, how much of a morator ,,n extens io n do we need? What is the
min imum we would need to get through that process? Assistant City Attorney Reid said you wo uld need two
months , Mr. Jefferson sa id ... two months ... then I would suggest.. Ms . Re id said ... minimum .
Council Member Wilson said I will say four months . Council Member Mccaslin sa id I would settle for four
months , and I agree maybe six months is too long . I give it four months . Council Member Jefferson sa id
okay ... th at is reasonable . Mayor Woodward said I would go with four months too , because I don 't want to do it
more than once . I don 't want to be mod ify ing it...going through all thi s and then modifying it to get it back ...
As opposed to doing it fast , I would , .Jther do it right.
Counc il Member Gilli! sa id ... and if we can get it done sooner, I wuuld prefer ...
Ma yor Woodward said if we can get it done sooner ... I mean ... who know,, ... they could come out with
something in February and the Governor could sign ii.
Council Member Jefferson sa id if we did three mon ths .. , what wi ll that get us to ? Assistant City Attorn ey Re id
sa id that will get yo u to April.
Mayor Woodward sa id which we really need Ma y Council Mem be r Jefferson sa id .. March , Apri l, Ma y, Ti1at
would be four months ... through Ma y? Co uncil Member Mccaslin sa id righ t. Do you agree •••;th that? Cou ncil
Member Jefferson said yes . Coun cil Members Mccaslin and Wilson sa id okay .
Englewoou City Council
December 7, 2009
Page 16
Counc il Member Jefferson sa id I j ust don 't. .. let's jus t... you know , if we can just generally agree to put a little
bit of onerous on us to not extend that moratorium , to make sure we come up with that regulat ion structure
with in that time period . Council Member Mccaslin said absolutely , absolutely .
Mayor Woodward sa id okay .. to sum this up we are loo king at. .. right now ... in the discussion part of this ... and
the motion is on the table ... for approval. .. that we will go back and look at th is in Study Session ... this
document... more ... extend the moratorium for a period of four months , which would be brought back in
ordinance form is it? For first read ing, next meeting on the 21st. Okay? Is that everybody 's understand ing ?
Okay .
Counc i; Member Jefferson said that 11eans we are go ing to need to leave a lot of room in Study Sess ion for
this topic . Mayor Wcodward said pardon me? Mr . Jefferson said we are going to need to leave a lot of room
on th is next Study Sess ion for this topic . Mayor W0odward sa id ... well on the Study Sess ion that we do
it... yes . Mr. Jefferson sa id yes .
Mayor Woodward sa id okay ... so, now coming back to the motion , we should be voting on this .. Council
Member Jefferson said ... l can amend my motion? Assistant City Attorney Reid said well you can vote on the
motion itself and i! ;, passes ... then after the Study Session it can come again on first reading as amended .
Council Member Jefferson said I think he just means that we have a motion open . Ms . Reid said yes . Mr.
Jeffe rson said I made a motion to move 11 (a) (i) forward and it was seconded . So ,.. Mayor Woodward said
we need to ... we 've had discussion ... we need to vote on it or modify it. And then we can .. Mr. Jefferson
sa id ... so maybe I can just modify my motion to ... what's the best word? Table this? Mayor Woodward
said ... delay it. Council Member Jefferson said ... to delay it.
•
Assistant City Attorney Reid said you need to • .,e on the motion itself. Either to approve this on first reading •
or not to app rove it on first read ing and then come back with something new. If you approve it on first reading
tonight , then you can come back after the Study Session ... if you make some amendments to it... then you can
come back ~nd it would be on first rea di ng , as amended .
Council Member Wilson sa id what if we get in Study Session and we want to change It? Council Member
Jefferson said then 11 goes back to first reading . Ass istant City Attorney Re id sa id then it will be back to first
read ing and I think that would take two months to get it...
Council Member Wil son sa id ... because I th ink there is go ing to be changes .
Council Member Jeffe rson said do we actually need to vote on my motion or can I just amend it to table ? You
are saying we have actually got to vote on th is? Assistar.t City Attorney Re id said you can vote to either
approve th is on first reading ... Mr. Jefferson said ... wh ich we obviously don 't want to do . Ms . Reid
said ... alrigh t... if it dies then it doesn 't. .. it's not approved on first reading .
Mayor Woodward said I don 't know why we wou!dn 't app rove it on first reading .
Council Member Wilson sa id because we are go ing to make changes . Council Member Mccaslin sa id
because we are going to make changes .
Counc il Mamber Jefferson said I can 't imagine it is anywhe re near enough ... in my mind .
Council Member Mccaslin sa id why would we adopt... you know ... approve it... and then ~ave to go back and
change it. Let's just vote ... well , vo te how you want to . But if you vole no , then yc u can change it and rectify it
that way . Or, Council Member Wilson sa ld ... just let it die . Mr . Mccaslin said or let !t di•!.
Counci l Member Wilson sa id I mean we can work from th is, if we want to in Study Sess ion . But , we 're not , I •
guess , we don 't have to ... I mean we can make change s ... broa der changes .
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• Englewood City Council
December 7, 2009
Page 17
Mayor Woodward sa id ... JUSI a po int of order . Nan cy . if ii dies and we go back and start th is over , does it have
to go back to P & Z aga in for anothe r Pub lic Hearing and another read ing ?
Co uncil Member Jefferson said ... keep in mind this isn 't a recommendation from P & Z .... th is is just a
recommendation from staff. because the y had that tie vote ... right ?
Mayor Woodward said they onl y had a tie vote on one th ing though . Council Member Jefferson &~Id .. cn1y on
one issue . Council Member Mccaslin sa id right.
Assistant City Attorney Re id sa id tha t's a good question .
Mayor Woodward said that is why I thi nk it would be easiest to approve it and then modify , as we nc lo
modify . Wh ich will come out of the Stud y Sess ions . Council Mem ber Mccaslin sa id that is a good
point... becau se I don 't want to go back to P & Z. Council Member Wilson said yes .
Council Member Jefferson said I don 't really wan t to approve it either ... just because then we will hav e lots of
people say ing ... this what you guys are thinking about doing and I don 't even think it represents anything ... I
mean it represents .. , maybe even close to what we 1re talking about . but there are so man y movi ng pieces .. I
jus t... Mayor Woodward sa id oka y.
Assistant City Attorney Re id sa id I don 't have an actual , pos it ive answer for you on th at question , but I can
look it up . My guess would be that it has been to P & Z and you might h~ve to go ba ck to P & Z if it dies ,
wh ic h is another six months ... four months . Four months . Mayor Woodward sa id a four month moratorium .
Council Member Wilson said well ... but if we made j ust drast ic changes ... does it have to go back to P & Z
anyway or not? Council Member Jefferson sa id exactly . So , then why are we doing it in th is process , if that is
the case? Assistant City Attorney Re id sa id no , it doesn 't ... in order to amend the Zon ing Ord inance , It has to
go to P & z. they have a Public Hearing and make a recommendation or don 't make a recommendation as it
were ... and it comes to you . Once you have it and you have it on first reading , then you may do all the
modifications you want and have it amende ~ on first reading aga in. But if It dies , then there is the likelihood
that we'll have to go bac k to P& Z. Counc il Member Wi lson said ... but we don't know that. Ms . Re id said ... but
that would be my gut reaction ... is that you will have to go back to Planning and Zon in g.
Council Member Wilson said I Just th ink there are so man y ... so much in formation we need to gather before
this ... Mayor Woodward sa id ... bu t we don 't have to ... Ass istan t City Attorney Reid sa id if you say that you
want it as amended , it doesn 't have to look anything at all like this . Council Member Mccaslin sa id righ t... I
agree .
Council Member Gilli! sa id ... can we table th is ? Ass istant City Attorney Re id said if you tab le it. it takes two -
thirds to come bac k.
Counc il Member Jefferson said that is what we were ta lk ing abou t...
Co un ci l 1111ember Mccaslin sa id if you table it... Council Member Wilson sa id ... no he wants ... Counc il
Membe ; Mccaslin said he wants to table the whole th ing . Council Member Wilson sa id I don 't know .
Co un cil Mem be r Jefferso n said but tha t... you know . wha t we are dis cuss ing there ... it may just...it may kill it
and prolong this whole process additio nally . Mayor Woodward said I don 't th ink that Is your Intent. Council
Member Jefferso n said I definitely do not want to do that. Tha t's definitely not my intent but at the same
time ...
Counc il Member Penn sa id I th ink we should go on ... Mayor Woodward sa id should we call the quest ion ? Mr .
Penn sa id I th ink we should call the question .,. I th ink we shou ld go on and make the mod ifications we want
and go bac k to first rea ding again , once we make the mod ific at ions . Coun cil Member Mccaslin said I agree .
Englewood City Council
December 7, 2009
Pago 18
Coun ci l Membe r Jeffer so n sa id so yo u are suggesting ... Randy ... if I hear you righ t...you r sa ying just go ahe ad
and pass th is on fi rst read ing ... Counc il Member Penn sa id right. Coun cil Member Jefferson sa id ... and then
ma ke the edits and th en bri ng it bac k to fi rst read ing . Counci l Member Penn sa id correct. Because , Coun cil
Member Mcc asl in sa id, we don 't want it to go through the whole process aga in.
Council Member Jefferson sa id my only coacern is that niaybe this is a long ways from what we are actuall y
th ink ing and you know I just hate to put it out there to the public ... that we pass someth ing on first
reading ... even though we all know that we can certa inly change it. .. you know, I think that will ... Mayor
Woodward s&id I th ink you 've stated It on the record pretty clear , that th is may not be it and I th ink everybody
here ha• been pretty clear.
Cou1 Icll Member Penn said It is defin itely not wha t I want to see at the end and I th ink to shorten the process ,
we need to vote for th is, so we can keep the process as short as we possibly can .
Council Member Gillit sa ld ... so , voting yes shortens the process . Council Member Penn sa id ye s. ~--11cil
Member Jefferson sa id ... because it doesn 't have to go back to P & Z ... but it also puts out there ..
Mayor Woodward sa id Randy did call the question . Counc il Member Penn sa id I did call the question , please .
Mayor Woodward said let's vote.
When Council Member Jefferson struggled with his vote , Council Member P,nn se !d it Is a tough on~. Council
Member Jefferson said so , you guys don 't want to do any amendmer.:S to th is? Mayor Woodward said let's
vote . Council Member Wilson said oh no , I want to talk about it...I mean , next ... at th• Study Session ... nst
now .
Vote ruulta:
Motion carried .
Ayes :
Nays :
Ab sent:
Council Members Penn , Mccasli n, Wilson , Woodward
Council Members ,lefferson , Gill it
Council Member Olson
Mayor Woodward sa id ... so , we will get that on for Study Sessions and the moratorium you will bring
forward ... for first read ing on the moratorium ... next ... on the 21st. Ass istant City Attomey Re id sa ld ... on th e
21s t...yes .
Coun :il Mea1ber Jefferson sa id, for the record , the only reason I voted no there ... was just because it was just
so far off from what I env isioned , that I didn 't feel comfortable putting it ou t to the publ ic . Council Membe r
Wi lson sa id okay . Council Member Gillit sa id ... me too .
(b ) Approva l of Ordinances on Second Read ing
There we re no items subm itted fo r approval on secon d re ading .
(c) Reso luti ons and Motions
(i) Director Kahm presented a recommendatb n from the Publ ic Works Department to
approve a re so lution canceling the concrete utility fee increase for 2010 . He sa id, a brief history ... the util ity
was formed in 1997 , the f~es were established at about 7.8 cents per square foo t. It rema ined that way until
we approached Council in 2008 and asked for an increase in 2009 and 2010 of abo ut 25 % ... it was actually
25 % per year. We went forwa rd with the 2009 Increase and we appreciate that inc• ,ase . It gave us a little
•
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mone y to work v. ith. During the budg et. .. the appropriation for the 201 O Budget, Counc il determined that it was •
in th e City's bost interest , cons idering the finar ·s and the state of the economy , to not increase the fees for
20 10. At the November Z3rd Study Sessi,,n, • approached Counci l...we had some direction ... and ba sed
on that , we pro pose th is resolut ion ... wh ich j u,, .,ncels those fee increas e, for 2010 and we 'll talk abou t them
again , based on th e economy and th e budget .~eti ngs for 20 11.
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Englewood City Council
December 7, 2009
Page 19
Mayor Woodward asked if there wer e any quest ions for Ric, •. There we re none .
COUN("~ MEMBER W!LSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 84, SERIES OF 2009.
RESOL UTION NO. 84 . SERl~S OF 2009
A RES OLUTION CANCELING 20 10 FEE INC REASF. FOR THE CI TY OF ENGLEWOOD CONCRETE
UTILITY .
Mayo r Woodward asked if there was any disc uss ion . There was none .
Vote results :
Motion carried .
Ayes :
Nays:
Absent:
Counc il Mem bers Pe nn , Mc c asl in. Wi:·,on, Woodward , Jefferson , Gill it
None
Counc il Membe r Olson
(ii ) Dlrec lor Kahm prese nled a recomm end ation from the Public Works Department to
approve . by mot ion , a co ntract with Slaton Bros , Inc . for repa irs of a damaged reta ining wall al Pirates Cove . in
the amount of $81 ,522 .50 . He said . as you are aware , in early June of 2009 , we discov ered tha t there was a
lea k in the leis ure pool at Pirate 's Cove . Work ing the Parks and Rec , we went down and we evaluated it and
emergenc 1 repa irs were accomplish , d that corrected tha t oarticular leak and allowed the pool lo be open
aga in :,, two days and it kept us open through the summ er of 2009 , At that time . we notice d that the leak had
caused failure in the stacked Wi>ll that separates that f2 cility from Belleview Park. We brought in experts . The
structural eng inee rs evaluated that wall and determined that it was safe , We watched it... we watched it daily
out there , but we determ ined It was safe and it woul d ge t us through the 2(1 n& season ... with the understand ing
that it would be necessary to rebuild a substantial part of that wa:'. before th e park opens again in 2010 , What
we are here for tonight is an award for Slaton Bro ~ io the amount of $81 ,522 .50 to do those wall repairs. They
actually gave us a very good quote ... about halt o, ·r,hal the oth er quotes were , .. we went to a b;d on th is. And
they are read y to go to work as soon as the weatn e, allows them to do that. And ii is critical that :hat be done
so that that park open s on schedule in late May , I: tM same time , we continue to work with the other repairs
to the poul. And we would actually be pou ring con u stt out there right now if the weather wasn 't so cold , So,
that wi ll have to wai l until it w3rms up a little bit, this spring . But we are on-track to ha ve that facility ready to
go th is summer and we are hop ing that all the monies we expend up there can be recovered th rough litiga lior .
Mayor Woodward asked if there were an y quest ions tor Director Kahm .
Counc il Member Wilson said have we used that company hotore ? Director Kahm sa id yes we have . Ms ,
Wilson said okay . Mr . Kahm sa id we are very familiar w1l11 u,e m.
Mayo r Woodward sa id I would ask , on th e value engineering ... it is $600 .00 or someth ing like that ... what is the
difference? I mean they do It in th e field , Director Kah m sa id it amounted to changing sc:ne of the block that
was out there , ju st a slight change in the stack wal 1• And we evalu ated and determined it was wo rth $500 .00
to change the block. We 'll enc up with a very good produ ct. That is not an issue . Mayo r Woodward sa id
ok ay.
Mayor Woodward asked if the re we re any othe r questions , There were none .
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMB t:R WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (Ii)· A CONTRACT WITH SLATON BROS . INC. FOR REPAIRS OF A DAMAGED
RETAINING WALL AT P1'1 TES COVE, IN THE AMOUNT OF $81,522 .50 ,
May or Wo odward asked if there was any discuss ion . There was none .
Englewood City Council
December 7, 2009
Page 20
Vote results :
Ayes :
Nays :
Absent:
Motion carried .
Council Members Penn , Mccaslin , Wil son , Woodward , Jeffersor,, Gillit
l'.one
Council Member Olson
Director Kahm said thank you very much . Mayor Woodwa rd said lhank you Rick .
(iii) Director of Fina.,ce and Adm ini strative Serv ices Gryglewicz presented a
recommendation from the 0 inance and Admioistralive Services to approve a resolution authorizing a
supplemental appropriation in the amount of $150 ,000 for repa irs of a damaged retaining wall at Pirates Cove .
He sa id this Is a supplemental appropriation of $150 ,000 from the fund balance of the Conservation Trm
Fund for Pirate 's Cove pool repa irs . Currently , there is $100 ,000 earmarked for repa irs and this topic has
been discussed a couple times in Study Sess ion this y•ec
1"1ayor Woodward ,aid th is includes everything ... g•ling all the way back to the beginning . Director Gryglewicz
answered yes sir.
COUNCIL MEMBER GILLIT MOVED , AND COUNCIi. MEMBER WILSON SE C-JNDED, TO APPROVE
AGENDA ITEM 11 (c} (Ill), RESOLUTION NO . 85, SERIES OF 2009.
RESOLUTION liO . 85 , SERIES OF 2009
A RESOLUTIOtl APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR
PIRATES COVE POOL REPAIRS .
Mayor Woodward asked if there was any further discus sion . There w,,s none .
Vote results:
Ayes : Council Members Penn , Mccaslin , Wilson , Woodward. Jefferson . Gillit
Nays : Non a ·
Absent: Council Member Olson
Motion carried .
(iv) Director of Parks and Recreation Black presented a recommendation from the
Parks and Recreat io n Department to approve , by motion , a contract with Dure Electric , of Englewood , for the
Installation of lights at Centennial Park , in particular the Brent Mayne Field and the adjacent softball field, in
the amount of sn1 ,065 . He said Centenn ial r ark was expanded in 2001 to incl ude a baseball field , a ;oftball
field , a small athlet ic field, tra il access and a trail head ... and park ing an d access to the kayak shoots . In
Phase 1, in the orig inal des ig n of the park , we did include light pole base . installation with ele ctric.al condu its
and connections . At that time , we did not have the funding available to install... physically ... the lighting poles
and the lights themselves . h. February of th is year , we submitted a grant to Arapahoe County Open Space to
as sist in the funding of taat project. In June we were awarded $167 ,400 as match for toe installation of the
lig hts . The total cost of :he ~reject is $367 ,400 . Currently , we have in the budget...in the Ci,en Spac~
Budge t...$2 00 ,000 to match with the gra nt of $167 ,400 . We do have staff ava iiai:ll e from Pa ,ks and
Recreation to answer any qut •stions you ,na y have . We also have staff from Pub lic Works , ~hoar~
coordinating the Installa tion of the light project, tonight, available to answer any questions that you may have
also .
MayorWoodwarJ asked if there were any quest ions for Jerrell .
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Council Member Gilli t sa id Jerrell , do we receive revenue ... does the City rece ive revenue from tt,at park ... from •
the baseball fields? Director Bla ck sa ;d yes we do . Mr. Gillit said do you know about how much revenue that
park genera tes ? Mr . 13iack sa id I would ask Jeff Jones , who is our Sports Coord lnator. .. and he is the one that
schedu les the field . He may have a better ...
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Englewood City Counc il
December 7, 2009
Page 21
Jeff Jones said I am the Sports Administrator for the Englewood Parks and Recrea tion Departmen t. To
answer your question ... currently we reserve or rent that field to scr.·,-. adult baseball leagues . I ccaldn 't tell
you the figure rig ht here and right now , but if we are able to light that we are going to be able to extend those
hours and bring on more fie ld rental, for that field .
Council Member Gill i! said do yo u have a ballpark? I mean, I'm not aski ng for an exact figure . Mr. Jones said
it was ... we did for men 's sen i;,r softball , as well as the NABA , which Is National. .. MSBL. .. which is a Men 's
Sen ior Baseball League and NAB A. .. which is the Adult Baseball Association and it was right In the
neighborhood of $7500 and that was a week~nd only . So , they were o,iy out there on Sundays . So , if we can
extend that into the even ing hours , in addit ion to our youth programs , we will be able to continue to generate
that revenue source .
Council Member Giilit said okay . So , basically what happens if we do noth ing , we just continua going the way
it is now? I mean there is no safety issues that we are looking at. .. right? Director Black said n,, ... no .
Directo r Black said I might add that when we built that field , it was in partnership wi th the Colorado Ro cki es.
They contributed about $40 ,000. Ali Souls Sch ool was a partner ... they contributed $10,000 to the project and
as a result we have a partr,ership with All Souls School. .. where their school uses tile field and we schedule
those and they have second priority behind Parks and Recreation . We also work with Englewood Schools to
try to coordinate with them In terms of their baseball program . They have in the past , played the ir games
aga inst the City of Sheridan ... Sheridan School Districl...2'. that field ... it is sort of a neutral site . So , we ,ve a
number of partnerships , in addition to the revenue production . But, as Jeff said , by lighting th e fi eld unk
that we can greatly increase the revenue beyond what we are bringing now . Council Me:i,ber Gi •• , thank
you .
Council Member Penn said I think one of the other things is that tt,ere is such a dem~nd for baseball fields in
the City of Englewood that there is not enough lime ... daylight time ... for these teams to compete , anymore ,
and so they do have to find lighted fields to get those hours in .
Director Black said that is correct. We also work with local sp orts association on using ail of our
fields ... whether it s the Brent Mayne Field or the other fields at Centennial Pa rk.
Council Member Mccaslin said t would like to comment. I have been an ump ire of baseball and softbali Ir., 39
years and I travel throughout the State . An~ I know the demand for lighted fields is horrendous . I m(;,n ,,._.
could fill it... you could do it 24 hours a day and still probably get team s out there . So , I do highly re. ,mr,v. ,J
that we do this for the benefit of our youth and our adults who still want to co ntinue to do sports ... al ~,etics .
Mayor Woodward asked if there were any other questions for Jerrell . There were none .
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Iv), A CONTRACT WITH DURO ELECTRIC , FOR THE INSTALLATION OF LIGHTS
AT BRENT MAYNE FIELD, IN THE AMOUNT OF $291,065 .
Mayor Woodward said I will open it up for discuss io n.
C0u ncil Member GIiii! sa id I would like to ha·,e some discussion . I have a couple of comments . I am under
the i:~lief that growth pays for growth . And with our bud geta ry constraints and salaries on fre e,e and ... l don 't
know ... I would just... yes , would I love to see a lig hted par~ there ... I'm j ust concerned abo ut the timin g of this
and what we are deal ing with , with the budget. It just seems it's li ke trying to buy a Cadillac, when we reall y
should be taking the bus . It just seems a little exorbitant to me right now. I just don 't feel confident to ask the
citizens to pay for something when we are going through some other things .
Mayor Woodward said I would like to address some of that from the point of view of a member of the Parks
and Recreation Comm iss ion . In going back to the years ... to the beg inn ing of the vi sion of Bren t Ma yne Park
and the soccer field there , and all the improvem ents tha t we nt into that par k and everything . And it was very
muct, at that time , someth ing that we wanted to do , was do that lighti ng and all of that lighting was pre -wired
Englowood City Council
December 7, 2009
Page 22
and all of those caissons and whatever they are called ... were put in al tha t lime , for th is. Now , the fund ing for
this is . as you can see ... a $367 ,400 ... let's see $291 ,000 for Dure Electric , but $167,400 of that is comi ng from
a giant from Ope n Space Shareback Funds, from Arapahoe County . Th is is leveraging our money, leveraging
ou r citizen 's money, with money that we are gett ing from the County for a specific project... that we were
awarded back in June , I believe . And so, I th ink whenever we can gel th is type of percentage of leveraging of
our funds for our citizens and for people that use that and we do ge t a payback on th at. .. so it's, it's ... I think ii is
ki nd of understand ing where some of these funds are coming ... because they are not all coming just from ... for
example ... from the Gene ral Fund . They are coming from a grant specific , where it starts becoming .... use it or
lose it.
Co~. ·ii Member Gill it said but ... I understand ... I appreciate the grant ... but I als o understand and appreciate
what the City is going to have to pay . And just because we get money , which doesn't mean ... I don 't think ... I
have a problem with saying let 's spend more , when right now we should be really looking al what we can be
saving , versus what we sho ~ld be spending . Just my thought, my stand on that.
Council Member Wilson said can I ask a questio n? Director Bl ack said yes . Council Member Wilson said
okay ... for Jerrel l. 0kay the funding source will be provided by a grant award of $167 ,400 . Director Black said
that is correct. Cou ncil Member Wilson said ... and then the budgeted Open Space Shareback Funds ... which
is used for specific ... 11 has to be used for specific things . Director Black said that is correct. Council Member
Wilson said ... and those things are? Director Black said those things are for open space , trails , recreat ional
facilities and in th e resolution that was passed by the voters ; it does include ballfields for that. So, all the
money is not. .. none of the money is coming from the City's General Fund , even though ii is sales tax money .
But none of thP. money is coming from the City's General Fund . Council Member Wilson sa id so ii Is coming
from that grant and then .200,000 is comir.g from Open Space Shareback , whi ~h has to be used for
that... very specific . Director Black sa id ii is very specific . That's right. And this does fit into that category .
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Council Member Wilson said ... and then the ... Council Member Jefferson said so ; I think what you are really •
getting at Is those funds couldn 't be re-appropriated to go into the General Fund . Council Member Wilson said
no . Director Black said no , they could not. Council Member Mccaslin sa id ... so we have to use ii.
Director Black •aid , in fact , there is a portion that allo wed for maintenance and we use a portion ... 10% of that
for the General Fuo,d for salaries for mainten anr,e , out of that. So , the Open Space Fund does fund 10% to
the Genera l Fund for a staff position , ~at that is th~ ... 10% is most that can be allowed to go for any salaries or
General Fund . Council Member Wilson said thank you .
Mayor Woodward said is there any other discussion or comments?
Council Member Jefferson said ... with that be ing sa id ... I would generally agree with the Mayor , that in these
situations where you have got a ta x collection going into a fund that , according to what origi nally made ii
happen ... said that ii had to be spent on Open Space ... you know , Parks and Re e's type of thin g ... you know . in
my mind , like you said , once we ... when you add In the ability to leverage that with a grant...and , in my mind , II
makes sense . And I totally hear where you are coming from ... we want to inake sure that we are counting our
nickels and dimes at th is point. .. but , in my mind , ii is not a General Fund issue ... it's something that canno t be
re-allocated to anot her use . So , if we could say ... hey , th is is $200 ,000 we could spend on police or fire or
something ... then I th ink the argument would be a little more compelling you know .
Council Member Gilllt said two quest ions then . Where did the $200 ,000 come from? Council Member
Jefferson sa id ta x collections . Counc il Members Wilson and Mccasli n said Open Space . Mayor Woodwa rd
said Arapahoe County Open Space that the voters approved in 2004 .
Cour.cil Member Glll it said if we don 't spend ii right now ... is it still in that f•Jno for the next budget? Mayo r
Woodward said the $200,000? Council Member Jefferson sa id it will be in tho Open Space Shareback Fund .
II won ·t be In our General Fund . Council Member Gillit sa id it won 't disappear? Counc il Member Jefferson
said ii will not dls,,pear ... so we could use ii on a different Parks and Rec project... you k11ow, a trail or •
someth ing ... or connecting trails or something of that nature .
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Englewood City Council
December 7, 2L09
Page 23
Coun cil Member Gill i! sa id my problem ... an d I kno w ii will prot,abl y pass an yw ay ... my stan d is the citizens are
asking us to tigh ten our belts ... an d th is does not look like we are tightening .
Council Member Wilson sa id I guess , you know , I have lo loo k al ii as we are investing in our City and I
appre ciate the revenue that will come fro:n this ... so I would have to vote fo r it.
Council Member Mccaslin sa id , also , the parti ci pation ... you know . you can 't put an amount on th e people who
particip ate in recreational activities on a daily basis . With our soc iety being as they are ... we really need to
open it up more . So , I th ink this is a great way to use our money wisely .
Co uncil Member Gillit said I'm loo ki ng at a return on investment ... and I'm not sure how soon that is ... because
we don 't even have a good figure of what we are really earn ing fro m that. So , when we say we are going to
get a returo ... we don 't really know what that return is right now. Council Member Wilson said because we
don 't have it. I mean we don 't have the lighting .
Counc il Member Gillit sa id we don 't have a projected or an actua l. Council Mem ber Wilson sa id I have lo trust
staff on this .
Mayor Woodward asked if there were any other comments . Th ere were none .
Vote reeults :
Ayes :
Nays :
Absent:
Motion carried .
Council Members Penn , Mccaslin , Wilson , Woodward , Je ff erson ,
Council Member Gill it
Counc il Member Olson
Mayor Woodward said thank you Jerrell .
12 . General Dlacusalon
(a) Mayo~s Cho ice
(i) Mayor Woodward sa id I want to congratulate all of the winners aga in for the
Eng le wood Art Calendar program . I think it is reall y a great program that pe ople do recogn ize in the City and
outs ide of the City , as somethin~ that is really valuable for our youth . II is something that I th ink is really an
accurr,pl ishment for those kids . hink some of our teachers in our schools ... art tea chers ... are certainly ... two
of them in the pa sl tw o years have received awards from the State . Some of their work shows in some of
these kids .
(ii) Mayor Woodward sa id OoJg , a couple of your things . With regard to Alignment
Masters , we tal ked to them . They did not leave the City because of anyth ing with the City , othe r than they
coul dn 't get the property next door, to expand . They have be en a lon g tim e user of Englewood ... were a long
tim e bus iness In Englew ood and co nsider themselve s as Eng lewood 's and still participate in th ings where
they 've been asked with regard to Englewood . The reason they left had to do wi th the property that th~ ,,em
un ab le to get to the north of the ir exi sting place , not because there was so met hing wrong with Englewoud . Mr .
Cohn spoi<e from the aud ience . Mayor Woodward sa id I had ta lked to Johnn ie too and I th ink Bob had talked
to him . Council Member Mccasl in said I'll comment on that . Mayor Woodward sa id okay . I'll le t you tal ~ on
that late r. With regards to a dentist and a hot dog stand not be ing welcome in the City ... l can 't imagine why a
dentist wouldn 't be welcomed ... and the hot dog stand , I don 't know anyth ing about ii. Bu t, I am just amazed
that. .. unless these are some sorts of build Ing code issues and since our building code is standard building
code from 1996 ... or universal build ing code .
(iii) Mayor Woodward sa id Ela ine ... you had ment ion ed some of the thing s with the
Hous ing Au tho ri ty . I did talk lo the Hous ing Author ity , but I can 't take any cre dit for an yth ing tha t happened
there . All of those th ings were already in process . I th ink, as you know , th ese thi ngs ta ke time. once they get
started in to a pro ce ss. Th e issu e tha t Ma rk brought forw ard a cou ple of weeks ago , wi th regard to too man y
Englewood City Council
December 7, 2009
Page 24
people living in a part ic ula r unit , that had already been in process by ... and had been going through the
processes , legal processes , and I believe by the next day when I talked to the Housing Authority peop le , it had
already been reso lv ed . A,1d so I would want to encourage you again , issues with Englewood Hous ing
Authority really need to be addressed with Englewood Hous ing Authority . It's just like coming forward and
directing issues with regard to County or issues of the School Board . We don't have the authority . They are a
separate governmental body . It rea ll y needs to be directed to them . Ms . Hults spoke from the au dience .
Mayor Woodward sa id with regard to ,h e suits that you had mentioned, I am aware of what is written on the re
I would ... ! think lhal's a blog . Anything you can write , you can sue anybody you want They 've come forwar d
before with these things and then they get thrown out and I feel confident that th'• ~ne will be thrown out loo . I
find them to be lolally unfounded and not warranted . That's all I will say on lhal, s;,,ce ll is a legal action .
(Iv) Mayor Woodward sa id Shannon, I did receive your call a couple of weeks ago . I
received ... after you had talked lo Rick , Rick sent out an ema il to Council and that was , I believe , Friday
morning . We did have our packets . Joe had already put in a Council request and we received that Thu rsday
night in our packets regarding that And it had to do with ... I think as you had mentioned and staff had
ment io ned , Baker Pmk being more of a neighborhood park not a destination park like , for example Jason ,
Belleview , Centennial . There isn 't a restroom there . II has had a history of , I think , of vandalism . There was
not one there last year. Another park would be Duncan ... would be another example of a real ne ighborhood
park or Emerson , wh6 :e there aren 't restrooms there . I mean , /l's mainly people from the neighborhood that
go to Baker Park , other than the school. And the biggest park that I am aware of is probably Hosanna , which I
think four Baker Parks would fit on , there 's no port-a -potty there eithe r and no restroom with ... l mean the
restroom is locked up . So , I think from my point of view, s:aff is the one that really needs to and does
determ ine the use and the need . The feedback that we received in our Council request , wn ich Joe has , is that
It had to do exactly with tLa t... with activities at those parks and the use and need and budget restraints that
we 've experienced in 2009 and 2010.
(v) Mayor Woodward said I would also just like to mention that the decorations aroun~
CityCenter , down here ... / think ... and the tree , the lighting of a couple of weeks ago went really well . It was
somewhat , I th ink , of a surprise to all of us that there were so many people and for that event that did show up ,
tha' it is probably one of the items that is importan t to the commun ity that we have that and cont inue that
ceremJny to the extent that we have maybe in pasl years . Council Member Jefferson said Mile High was a
gree.t oartner in that in provid ing the hot cocoa, which was del icious , and gave some people something to keep
lhem warm out there . Mayor Woodward agreed . Mayor Woodward said it was very nice and I think
CityCenter ... Public Works , and whoever, has really done a nice jo b and it looked very well done . I apprecia te
that.
(vi) Mayor Woodward said I wanted to announce that Breakfast with Santa at the Malley
Center is Saturday , this coming Saturda y, th e 12'". I th ink ... Jerrell , is that at 8 o'clock in the morn ing? Directo r
Black said I'm not sure . I can find out and ge t back lo you . Mayor Woodward sa id well it's in the morning . I
would th ink 8 o'clock wouldn 't be too ea~y to get there to get in lin e, anyway .
(vii) Mayor Woodward sa id •lso the Celt ic Yule tide performance that 's done in Hampden
Hall is ... having gone to it last year , and knowing that they have done a number of .. .l mean , they've been
getting ready for that play and stutf. II is a musical that is done by numerous , local Englewood citizens ... are
people that do It. It ls a great show . If people have the opportunity and want some holiday fun some even ing ,
please loo k into that.
(viii) Mayor Woodward sa id I guess during this holiday season . lhe last th ing I would say is
that we do rely as a government ma inly on sales ano ,.se ts,x for our City . So , du ri ng the holiday season and
throughout the year when poss 'ble , please buy Engle11ood .
(b) Counc il Members ' Cho ice
(i) Cou nci l Memb er Penn :
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Englewood City Council
ne,:ember 7, 2009
Page 25
1. He said not only the winners on the calendar , but I'd also like to thank everybody that helped put that
together . What a fantast ic job they have done , and if you would pass that on , Gary . Sometimes we forget
who does all of the work behind the scenes . I th ink they did a tremem1ous job .
2. He said Shannon, I've not been over there at nig ht , so I don't know what it is like over there . Hopefully
we can take a look at what kind of lights we have over at the .. I'm sorry . I mean Colleen : I'm sorry ... what kind
of lights we have over there . I've never been there at night so ... l usually go during the day , so I don 't know
what that's like . Hopefully we can get that done .
3. He sa id Doug , again you come up with some really good positives and I do thank you for that. I would
say on the crushed rock for the driveway , if my memory serves me correct , I thought we allowed that. If you
would have that person at least get a hold of us Doug , I think that would be good . Mr. Cohn spoke from the
audience Council Member Penn said they could get a hold of me if they want and then I'll direct them to the
right pla ce ... so we can get that going .
4. He said as far as the businesses from 285 south ... of course , that's in my District. I do walk that quite a
bit and I do talk to them a lot. I'm hoping tha t Jerry's Leather Goods just changed ownerships . I'm not sure
tha t they are moving out Doug , but I will find that out for you . S & S has been gone for quite a while , leaving
Brookrid ge Sh op ping Center, and going down south . They were a good member for a long time . I agree with
the Mayor . I do not believe that anybody here would tell dentists o; hot dog peopl e .. .if the r,; is a chance to get
a retail place or some business here in Englewood , I just cannot believe that they would tell them that. I would
hope that they would get a hold of either the Mayor or myself and we can get that taken care of so we can
make sure that's going right. That's all I have . Thank you very much .
Mayor Woodward said thank you .
(i i) Council Member Mccaslin :
1. He said okay , as long as we are on Doug , I might as well ... l've known Johnnie from Alignment Masters
for about 10 or 15 years , from softball , as a matter of fact. I regel srly use his service . Eve n before I was a
Councilman , and during my terms as a Counc ilm an , I've ta lked t, ,ohnnie about his co ncerns and it was never
about what Englewood has done . He needed a bigger place and he found a place . It was the right tim ing . It
had nothing to do with Englewood . So , you can call Johnnie tomorrow and have him call me snd say Bob
you're wrong, but I'd like to h, ·, that call . In no conversation that I've ha d with Johnnie in the last 10 to 15
years as there been anything thai we've done to him . Thank you .
2. He said Shannon , I'd like to read you a portion ... Baker Park is not the only park in Englewood without a
port-a-potty. Clarkson Far :,, Emerson Park , Barde Park , the Southwest Belt , the Northwest Belt , Rotolo Park
and Duncan Park are seven other parks that do no : have ... just for your information , so you don 't think we are
picking on your area . I don't want you to feel like we are pick ing on you . But , hope [ully if we can resolve it, we
will .
3. He sa id Elaine , as far as your conspiracy ... ! have never been involved in a consp iracy and never will be .
Where you get this information , I would like to knL N. I was elected as a Councilperson to represent
constituents that came to me with different co nce rns they had with the City . All I can do is to bring them
forward . I'm not , nor ever ha ve been . involved in a cons pira cy . If you put my name out there ... as involved in
a conspiracy , it is ju st false and I don 't li ke that. If you have a prob le m with rr.e , my phone number is in the
book and you can call me . I will be more tha n happy to address any concerns . Bu t I am not involved ... and on
publ ic record ... l am not involved and never will be involved In a conspiracy . Oka y? Thank you . That's all I
have .
Mayor Woodward said thank you .
(iii) Cou nci l Member Wilson :
Englewood City Council
December 7, 2009
i'age 26
1. She sa id well , everyone's pretty much said everyth ing . I think Shannon , part of the problem is the
budget , so that I lhink is a huge issue , as far as port-a -pott ies .
2. She said and with Colleen , I didn 't hear whether ... or anyone on Council. .. did she say that lights were
burnl out or ... ? Okay I'm sure that can be , I'm sure , look ed at by Parks to find out if they need to be replaced .
Councii Mamber Jefferson said just to clarify , she was ask ing ... one was out and she was requesting add itional
lighti ng in the lot. Counc il Member Wilson sa id and that additional lighting I th ink is just someth ing that we will
have to look with the budget and everyth ing . We can defin itely check that out.
3. She said I am really interested in the brothel and if we have one . I assume that the Police can check that
out at 980 East Hampden . Mr. Cohn spoke from the audience .
4. She sa id and I can 't believe that we wouldn 't want a dent ist or a hot dog stand , unless the dentist was
sell ing hot dogs . I don 't know. It seems a little strange , along with the gravel.
5. She said I do want to th3nk the kids that put all of this effort into the calenda; and all of the kids who sent
in their artwork . It's huge . I want to also ... kudos to Leigh Ann because she puts so much work into this project
and it's from her heart and always has been . I've been working with the Cultural Artn Commiss ion and it is
totally from her heart .
6. She sa id I was down in the library before com ing up here and I was talking to Miss Hillary , who 's in the
•
ch il dren 's portion of the library . My granddaughter used to go to Teetertots down there last year and we used
to have about 12 to 15 kids weekly In that certain story time . Now there are 38 kids . She had mentioned that
she saw ... at least 2,000 children came through their library last month . I think that's huge . I don 't know if the
necess ity is beca use of the economy and people are coming here instead of other places , bu! to have 38 kids
in one Teet~rtots little story time and play time is also huge . I am just so appreciative that we have people like •
Miss Hillary . There are two part-time Librarians for the child's portion of the library , so they do a tremendous
job ... l believe they each work 27 hours , so they do a huge job in serving that many kids pe r month . So kudos .
7. She said and everyone please have a happy holiday and be safe .
8. She sa id and Jack ie, I also thought that was very interesting about the food portion and the interest. II is
kind of like ... how do you re gulate that? I thi that will be interest ing and I th ink it's necessary , so thank you
for bring ing that to the table .
Mayor Woodward sa id thank you .
(iv) Council Member Gilli t:
1. He sa id I love the art with the kids . I'd like it If they would sell some of that; there 's a couple that I would
like to buy . But I'm real proud of them .
2. He said Shannon thank you for com ing and present ing . I know it's a little scary to come up and talk and
than k you for com ing up and voicing your co scern . ; ~ope that you did get the feeling that we did take your
concern and talk about it. I feel confident that we have some good answers for you . Maybe not the answer
you wanted , but I know thal we are look ing at that issue as well. So , thank you aga in.
3. He sa id Collee n ... I was riding around with Eng lewood 's fines t on Friday nigh t. .. doing a ride-a -long with
our Pol ice ... an c ,ne of the places I asked the officer to go was to Can ine Corral. We were there about 7:30
and it was ds,~. t was too dark . We agreed that it did not appear to be a safe pla ce and that even though the
park was open obody was there , it just...We both agreed th a' ne ither of our ... we would lat ne ither of our
wives go there . · l e just felt that it was an un safe env ironment with where it is at , the lighti ng and so , I hope •
that somebody , -1 loo k at that and look at it at nig ht , when it is dark . Thank you for bringing that up . II was
jus t so funn y be · ,,se we had ju st discussed that with the officer and he thought it was a con cern as well .
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Englewood City Council
December 7, 2009
Page 27
4, He sa id Dou g, th ank yo u for co ming in aga in I, like the res t, wou ld love to know who the con cret e gu y ,s.
If yo u cou ld gel me that informat ion , we defin itel y need to kno w ab out tha t.
5. He sa id ... Ela1ne ... not Ela ine ... Jac kie . Yo u brin g out exac tly what is go ing on with this issue of legal ized
ca nnab is and medical. .. there is so much informat ion and I know that the re are people who want to get their
bus inesses go ing , which seems lik e every time I turn around there 's ano the r bit of good info rmation that we
didn 't have before . I would have lo ved to have seen •.:1e presentation tonight and hopefully we can stil. see
tha t. l'm ... l would never tell people what the y cou ld and could not take to help them , but if we are going to do
it, I prefe • we do it like we decided ton ight and thank you for be ing involved In tha t.
6, He sa id happy hol idays to everybody ,
(v) Council Mem ber Jefferson :
1. He sa id I first just want to congratulate all of the folks who were highl ighted in the calendar as well and
thank all of the staff that helps put that together. I th ink it is really important , especially in small commun ities ,
that we recogn :ze our youth and they accompl ish th ings and prov ide opportunities for those types of
recogn ition .
2. He said to Jackie , thank you for bringing up some issues . I think we do have a long way to go on the
primary careg iver issue and also with some of the health iss ues that are out there surrounding the policy .
3. He sa id to Shannon , I did want to just read quic kly the response that we did get from staff. I think Bob
had read some of the suggestions . Baker is not the only one without a port-a-potty . There are a ton of other
ones without it. The ones that do have port-a-potties : are Belleview , Centennial , Rock ies , Jason , Cushing ,
Bates-Logan , and Romans . The rationale was to place port-a-pott ies where activities occur during the winter
months and there's nothing scr.eduled in Baker during the winter months . And the ·, also saying that budget
restra ints have caused us to reduce the number of port-a-potties Cityw ide over th ,, last 4 years . Where I th ink
her a~tual argument bec,;:nes somewhat compel li ng is I th ink what she is stating that there are 7 parks out
there with perma nent facil ities and that someon e. at some po int , made some sort of a determ ination that those
are the places that needed facilit ies and of those 7. Baker is the only one that doesn 't have port-a-potties
during the winter . And so just to highl ight her argument and kind of boil it down . Council Member Mccaslin
sa id can you exp lain it ? I thought there was 7 other parks tha t did not have them . Counc il Member Jefferson
sa id and tha t's what's highlighted in my Counc il request. It was just sa yi ng here 's the ones that have it and
here's the ones who don't. In my co nversations with he r, her argument in man y ways goes that there 's 7
par ks in the City that have permanent facilit i~s Iha!, you know , have a structure with a bathroom in it. During
the winter, those are locked up and of those 7, 6 of them have port-a -potties durin g the winier and she is
sugge sling that Ba ker wa s the only on e that has a permar ,ent fa ci lit y that does n't get a port-a-potty . Mayor
Woodward said this Is... Council Member Jefferson sa id I'm not sure if that's true ... Mayor Woodward sa id
what wasn 't added was Hosanna on there . Hosanna has re stroom fac ili ties there . Ho sa nna is a huge open
fiel d park, so there is two actually , includ ing Bake r. Counci l Membe r Jefferson sa id so oka y there is an
exemp ti on to wh at her argumen t...where is Hosanna located ? Mayor Woodward sa id Hosanna is ri ght beh ind
th e high school , where the tw o big soccer fields and the base ball fields are . Council Member Jefferson said
okay . And that's great. You know I th ink part of Shannon 's concerns was that in her area she wanted to make
sure that resource s were al located somewhat equa lly , you kn ow, in olfferent areas . I'm happy to hear ... and I
appreciate you bring ing that up , th at Hosanna does have a pe rman ent fac il ity, but no port-a-pott y Ma yor
Woodward said no port-a-potty . There 's .. .1 ,ving by the re and suggest ing that there 's on ly a couple of pla ces
where yo u co uld put a port-a-potty , and one of th em would be up by the old grad e schoo l. which wou :d. as
so on as it snowed , it would be go ing down the hil l. It would become a sled . And as Rand y sa id earli er, he'd
probably be in it. But ii would not be a good idea , Council Member Jefferson said just from my persp ective ..
Mayor Woodward said j ust to po int out further. District 3; we ha ve 2 parks , Hosanna and Duncan . Ne ither one
of them have pon-o-potties . Counc il Member Jeffe rson sa id or permanent facil ities . Oh no. you sa id ... Mayor
Woodward sa id in Dr st rict ·t , certa inl y I th ink there are port-a-pott ies at Cushing Park. Thal is centrall y ... in
Cu sh in1 and so rs Bates-Logan . City Manager Sears said there is a port -a-potty at Bates-Logan also . Ma yo r
Woodwe J sa id Di strict 3 is the one tha t...Co un cil Member Jefferson said that is gett in g th e short end in your
min d? I ap prec iate you bringing that up. Fro m my pe rspe ctive , you know, th is rat io nal e, in my mind ma kes
Englewo~d City Council
December ·1, 2009
Page 28
sen se. W1.. ;,eed to allocate our res ources wh ere, yo u know , th e citizens are ma king so me util ity or those
resources . You know , I'm okay wilh th is. bul I did wanl to ma ke sure that Shannon 's argument was presented
and that we gave it some discussion .
4. He sa id to Colleen , I th ink v,e ha ve got a request in there to fix that one light and ma ybe we can discuss
future lights.
5. HP said Doug .. than ks for those nice words . I th ink we have told the Police aboul 980 East Hampden
and generally I thin < those type of things probably need to go directly to the Police . The gravel , the
concrete ... you remember in those situations , the only reason why they would have to go from gravel to
concrete would be if they did a new structure or if it's ... so it depends on how much construction or liow much
work he is do ing and maybe we can discuss it a little bit afterwards ... the specifics and if you want to prov ide
the address and whatnot , I am happy to run ·1 by staff and make sure whe re that threshold is and whether he
has crossed it or not.
Counci l Member Gill it sa id I thought 't was changed . Council Member Jefferson sa id I'm sorry . What was
changed ? Counci l Member Gillit sa id that you didn 't have to go to concrete . You could use gravel as a ..
Council Member Jefferson sa id oh is that right ? Is that where we ended up? Council Member Wilson sa id I
thought that... Council Member Penn said certa in types of qrave l. Council Member Wilson sa id yes and
certain .. Council Member Gill it said that is right. Crushed rock . Council Member Jefferson said that's right ,
that's ri gh t...okay ... I apolog ize . My memory was a little vague there , because I thought ... that was when we
or iginally discussed this , if you meet a certa in threshold then have to go ... so , okay . So , maybe we are just
confused . Yes , provide the address and maybe we can look into that. Because maybe whoever said that has
the same confusion I just did . That 's po ssible .
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Council Member Jefferson said , as far as the business friendly realm ... Doug , I think that we hav~ lots of •
people up here who are ha ppy and want to be more business friendly and want to make sure that constituents
see us that way . I guess I would encourage , as we hear about these instar ,ses of less than friendly practices ,
that you encourage them to contact somebody like myself or, I imag ine , anybody sitting up here , that we would
be happy io get involved and make sure that we are seen as business friendly . Because I know that that's a
battle that we are sort of fighting right now , an overarching sort of th ing go ing on for a long time and over the
last several years , I have seen a Int of people up here making efforts to make our communily more bus iness
friendly and so , you know , if somet11ing happens , please direct them dire ctly to us , so that we can try to get
involved and salvage Englewood 's perc eption there .
6. He sa id ... to Wayne , thanks for bring ing ... glad to hear that yoc got some of your concerns fixed .
7. He sa id, as far as eyeoneng le wood .com , with the Mayo r J ;,.., Woodward and Counc il Member
McCas :i n ... l would be shocked ii it were not dropped at the first opportun ity ... if it hasn 't been dism issed
already ... I would actually be kind of surprised ... this has been going on for a little while . And so , in my mind ,
just to let you know , I have never seen anything :llegal or anything of that nature . So , li ke I sa id, I would be
sh oc ked if it were not dismissed at the earl iest opportun ity .
8. He sa id ... fina lly , the morator ium ... are wo waitin g on additional language or are we go ing to do that
tonight ? P.s slstant City Attorney Re id sa id on the 21st. Co unc il Member Jefferson sa id ... !he 21st . Mayo r
Woodward sa id they will bring it forward . Ms . Re id sa id we will bring it forward . an ordinan ce, t,, extend the
moratorium . Cou nci l Member Jefferson sa id tha nk yo u.
Mayor Woodward said thank you .
13. City Manager's Report
(a) City Manager Sears said we do ha ve oe" ad ditio na l item. The Mayor will pre sent th is
Ma yor Woodward sa id th is is the wor kshop, for Co ur;,:;t and staff and the Dire ctors, for Jan uary 25 th with
Kathy Nova\\, as a fa cil ita tor fro m th e Unive rsity of Co lorad o Denver . Cen te r for Improve ment of Pu blic
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Englewood City Council
December 7, 2009
Page 29
Managemenl , School of Publ ic Affairs . Th is is for hold ing th is workshop for us . Fees for hr.ldinp Jh is workshop
facilitation are $500 .00 and inlerv iews wilh all Council members is $65 an hour and a lolal fee nol to exceed
$1000 .00 , which is, In my op inion , one he ck of a dea l. And I think we had some real spec ial cons ideral ion on
this ... we discussed lh is last week at... lwo weeks ago , at Study Sess ion . So , I would like lo make lhe motion
approve th is and to have lh e City Manager move forward wilh contracti ng and do ing this for January 251h .
!Clerk's note : Th is was lisled on the Agenda as item 12 b (i).]
MAYOR WOODWARD MOVl:D, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE A
JANUARY 25, 2010 COUNCIL WORKSHOP FACILITATION BY ~:ATHY NOVAK .
Mayor Woodwarl asked If lhere was any discuss ion . There was none .
Vote results :
Motion carried .
Ayes :
Nays :
Abse nl:
Council Me rr,bers Penn , !~cCaslin , WIison , Woodward , Jefferson, Gillit
None
Council Member Olson
City Manager Sears sa id , just to note , lhal I th ink Kalhy is ,,n outstan~ing individual . I've worked with her In
the past. The staff ... I've talked to staff ... and lhey are all pl ~n ning to be there also . So , ii will be a very
positive work session .
14 . City Attomey'a Report
• Assistant City Attorney Reid did no t have an y matters to bring be f,,re Council .
15 . Adjournment
The meeting ad)ourned at 9:55 p.m .
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