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HomeMy WebLinkAbout2009-12-21 (Regular) Meeting Minutes• • • 1. Call I.; Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session December 21, 2009 The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:31 p.m. 2. Invocation The invocation was given by Council Member Gill it. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Gillit. 4. Roll Call Present: Absent: A quorum was present. Counc il Members Jefferson , Olson , Penn , Gillit , Wilson , Woodward Council Member Mccaslin Also present: City Manager Sears City Attorney fl "Ol~man Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Operations Superintendent McCormick , Utilities Traffic Engineer Vestry , Public Works Sen ior Plan ner, Stitt, Community Development Plann in g T echn ic:an Kirk , Community Development w.r,r;p Manager Stowe Police Commander Condreay 5. Con ■lderatlon of Minutes of Prevlou ■ Sn ■lon (a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 7, 2009. Mayor Woodward asked if there were any modifications or corrections . There were none . Vote re■ults: Ayes : Nays : Absen t: Motion carried . Council Members Penn , Wilson , Woodward , Jefterso n, Olson , Gi llit None Council Member Mccas lin 6 . Recognition of Scheduled Public Comment (a) Mayor ~~oodward sa id we have our awards fo r our 2009 Holiday L ;ghtlng Awards by KEB . Audra Kirk, from Commun ity Development . is here to help us with the presenta ti on of tha t. Englewood City Council December 21 , 2009 Page 2 Plann ing Techn ician Kirk sa id Susan Bayless was scheduled to present toni ghl...bul she isn 't able to ... she is sick . But I did want to just say that we don 't have an y more members of KEl:l here , unfortunately , with Christmas coming people get busy and whatnot... so we don 't have any one here but me . However , I just wanted to say that KEB •eally is a great group of volunteers and they do work hard all year arocnd . Th is is one of the fun events they have . They get to go out and j udge everybody 's holiday lights and that really Is a hard thing fo r them to do ... after we ha ve viewed everyone 's ... to come up with names for the lights and places and th ings like that. So , iris a great night and we have a lot of fun , so I hope everybo1y will continue to support it and enter in future years . I will come up and say the award and the name of the family , If you want to come up and get your award and certificate . This year we are not giv ing out the 50 pound signs anymore . We found that they were pretty cumbersome to get into the ground first of all , in the winter , and a few weeks later the ground Is frozen and they are difficult to get out . So , this year we are doing the certificates and ribbons . Mayor Woodward joined Ms . Kirk in pre senting the awards . Ms . Kirk said the Mayor's Choice this year went to a new entry . Mayors Choice Founder's Award Jingle Bell Award Environmental Award 615 East Amherst Avenue 1481 East Bates Parkway 4536 South Sherman Street 4600 South Sherm an Street Jeremy Wimmer Zeke Cordova Doug Haas David Alfred Lemay Englewood Landmark Award 4990 South Elatl Street Richard and Alice Kloewer Mayor Woodward sa id I want to thank you for your many , many , many years of you r hol iday d~corating and lig htin g ... for not only the City , but for the whole metro area and nationally . So , congratulations. The Kloewers said thank you . Mayor Woodward sa id also, they give very good advice on rose bushes . You probably don 't remember, but a few years ago , you and I talked about that. Holiday Spirit Award 5041 South Elati Street The Kloewer Fam il y Mayor Woodward said and here we have the next generat ion com ing forward and continu ing on the trad ition . Counc il Member Penn said the next two generations . Mayor Woodward said congratula tions . Thanks . Ronald Kloewer said I would just lik e to recognize a guy and his wife that also put up a nice display , although they don 't qu ite get the recogn ition that they should , but that is because he is on Council , and that is Randy and Debb ie Penn . There was applause . Mayor Woodward said thank you . Gingerbread Hou11 Award 4900 South Inca Street Brad and Patty Fincham In response to Mayor Woodward , Ms . Kirk stated that th is list of winners , with addresses , will be poste d on the website tomorrow , as well as Tom Munds is going to be do ing an artic 'e about this in the paper . We will also have maps available , so you can go and drive through and do the same tour we did . Ms . Kirk sa id here is Tom Winthrop from KEB , sitting in the back . So , there Is somebody here ... l'm sorry . You can come on up Tom if you like. He declined . Honorable Mentions 410 1 South Sherman Street 4597 South Acom a Street 4085 South Jason Street Ms . Kirk sa id th an k you everyone . The Miller Family Esther Octavia and Pat Happy Holidays Samantha Davis and Ter ry Gibson Mayor Woodward and Ms . Kirk offered the ir congratulations to each award winn er that was presen t and they all received a round of applause . • • (b) Jackie Edwards , an Englewood resident sa id good e,·an ing . Thank yo u for having me back this • evening And a really big thank you for drafting the ord inance to exte nd the morato1 ;um on Englew ood 's med ic al marij uana/cannab is dispensar ies . That's great. We can make good use of the time and also find out what the State 's going lo do in the meant ime and use lhis time for educat ion and try to work out some of the ki nk s There 's Englewood City Co,,ncll December 21 , 2009 Page 3 • so much act ivity around the State on th is top ic right now , it's become a daily ne ws event. When yo u open the paper , some days It almost seems like we are read ing the High Times or something , instead or the Denve r Post. There's still so much to be sorted out and understood . These pas t couple or weeks has been tumultuous , with Erin's paosiny on December 12th . She was an extraord inary teacher , friend and associate . Erin was a caregiver in the finest sense . She truly lo ved and served her pat ie nts . Her leaving has in sp ired many or us with in th e compassionate medical can nab is co mmun ity to rea rrange our responsibilities to continue Erin's work . I want to give each or you an art icle I wrote , that you ca n read later. I walked out and left it , so I can e-mail it 10 you . It 's a tribute to Erin , her ind igent pat ient care program . an d the compassionate med ica l cannabis community . What I'd !ike tc uo , while the fo g lifts and the moratoriu1n in still in effect , is Inv ite various professionals from the med ical C?.:,nab is indu•try in, to share their knowledge . They could educate us , first-har,d, about the ir aspects of the industry and what the ir needs are , what the ir co ncerns are . For example , people who make the me1icated edibles , oils, tincture s and ba lms . I'm hop ing I can get someone from one of the local dispensanes to corr, , and kind or explain how that works . The number on e co nce rn is always safety . And that is ror everyone 's safe,,: safety for t~e commun ity , the pat ients , caregivers , dispensers and their employees . The med icated edible and topical solutions , growing fire s and power needs . Many , man y concerns to address . Then there are s'.ill the transporters of all or these goods . They -:ould be coming from or going to anywhere in Colorado . We need to have Tri-County Health involved in the planning for kitchens where edibles are made and sto re d. rhey may not even allow kitchens ror that use , I don 't know . I do know a woman who 's been strugy ing with Gilp ir. County over open ing a commercial kitc hen for med icated edibles , up in Idaho Springs . She 'd be a g ,od one to have to educate us about some of the aspects of the edibles industry and the issues she 's fac ing with that county over the kitchens . We have a really great City : about six square mil es or so , of at least 30 ,000 spirited souls and our own culture here . Great cities ha•, ea sp iri t and a culture that businesses are willing to support . Even though I grew up and lived most of my adult tit,· in Denver , Englewood has always been a place I liked :a visit. I love livi ng here. As a teenager , my girlfriends and I couldn 't wa it for weekends so we could go to Cinderella City . The first mov ie theater I had the nerve to go into alone , back in my 20 's, was th ,, Goth ic Theater. Thal is where I saw Reefer Madnes s at L~e Midnight Underground • ,.:ov ie ... maybe 1972 or so . The fic:t drive-in I had the nerve to go into alone was the Cinderella Twin . Cinder Alley m Cinde rella City was a huge draw . It was my favorite , back in the '60 's. It had "heady" sort of sho ps with all sorts of t "11 stuff in them . Kind of hippyish . It was always crowded . And , or course , there were no rradical cannabis st• as there , but maybe some sort of similar, updated district or districts could be considered , with shops in addition ' ;ome of the medical cannabis operations . Eventually , and I mean eventually , maybe oven some or the small res ident ial areas converted to commercial use , sim il ar to South Pearl Street or Old South Gaylord in Denver ... might serve the needs . Artsy sort3 of stores . Should make it eas y to patrol and have stringent , but not strangl ing building code requ irements , depend ing on the type of operation or the size of the grow . May as well draw many baby boomers back to Englewood, while we 're at it. The ag in g popu la tion is definitely finding a need for relief for the ir aches , pains and ailments . So what if Englewood 's caregivers wind up with more patients than other municipalities ? The City stands to substantially improve its ta x base and exp and its fees base by having a well regulated med ical cannabis industry here . If th ere 's some legal way to ke ep people frvm advert ising the ir med ical cannab is stores with neo n lights and pot leaves , it wou ld be a really good idea to do so . I'm go ing to turn the floor over to James Murkland . James is the Dire ctor of North American Cannabis Co-op . He has an enormous wealth of inform atio n about an enormous wealth of ,,,pies . Than k you ror com ing here ton ight James . Aga in, I th an k you fo r drafting the moratorium extens ion . I'm reall y happy about ;t, I sure wish Erin could have lived to see the fruits of her labor. We 'll carry on . Than k you . As Erin would say , Sha ,a m. Ma yor Wood ward sa id than k you Jack ie . (c) James Murkland , Director of th e North American Cannab is Co-op, sa id than k you Mayor and Council . Tha nk 1·ou ror hav ing us ton ight. I am really excited that you have spent a lot of time do ing your homework. Obviously , by the document you crafted , yo u gu ys have really been tear ing in to th is. It is a difficult issue , obv iously , ro r mun ici pal ities . There are a numbe r of issues that challenge law enforcement, zoning , bu ilding codes ... a number or these things . You certa inly can see that the State is moving , and all of our disc uss ions with the State reps , etc ., and resolving a lot of these issues . One of th e reason s I was askad to come here ... probably • awh ile back , by Erin ... is that she had su ch a great passion for her pat ien t:; .. , for th ei r care . This was about caring for patients . When th is com passionate act started , an d mad e its way to Colorado , really we c,atte~ this amendmen • to be about patients . And as I des cribe it now , it Is kind or like a stage set In a circus , wrapped in a zoo , pla ced in a Star Wars bar ... we 've got Cheech and Chong and we 've got the governmen t...and everybody 's smasned tog ether and all of this activi ty bo ili ng up ... we are forgett ing that it Is about patients an d gett ing th is Englewood City Council De cember 21, 2009 Page 4 care ... th is ab ili ty to have access to an alternat ve medicine . My phone used to nng incessan tly at od d hours Erin woul d call me and go on and on abo ut these pat ients and these indigents and we need to solve th ,s. I miss that voice in my ea r. I know there is a great pass io n ou t there . There are a number people ... in fa ct... probably everyo n on lhe Counc il knows somebody who has had cancer. .. if not yo urselves ... or a fam ily member who ha s suffered . And so when we begin tearing Into words like careg iver ... we have to be very carefu l about how w,. ore address ing what a ca reg iver is. Ob •;iously, there is a lot of controversy about that. Hew we lice nse careg ivers, how we address what a caregiver does . And so I see that , prob ably In the next few mon chs , as we 've al l dis cussed in the co mmunity , the State is go i;,g ,o resolve~ number of these issues . You guys have done a great job on your document. I applaud you for extend ing the moratorium and studying th is further and getting it rig :,t. Certainly , as I compare the drafts , I can see that your document might shrink significantly and probably would be very helpful and then the issues that the State lays out that you will be able to address , will be very obvious , you have already , truly , addressed them . I be lieve I see distance recommendations ... there are a number of things that zon in g officers , etc ., enforce01ent officers , should apply . We certai nly like the id< , of the background investigations and all tha t. People look at me and go , what are you do ing in this industry? I'm an Air Force veteran . I don 't have a re cord. It is a darn good question , how I landed here . I'm a corporate guy , but I have had two very serious spinal injuries and surgeries ... I've hnd crushed nerves and severed nerves and then I got cancer. And so going through all of this rigmarole , I discovered that there are alternative med icines that really can help esoecially in the case of neuropath ic pain and In the case of chemotherapy ... helping with chemotherapy ... therapies ... offsetting the issues of that. So you are all aware of this . And applying wha! we know about medical cannab is to the caregiver will helµ give us a perspective of how to set up the regulat io ns wrapped around it. So I just want to than k you guys for taking the time and just let you know I am available ... 1'11 make myself available to the City of Englewood . I love this place . All of my med ical care happens here in your c ;:y . I've spent quite a bit of time here myself. And I love the lig hts . The lights are gorgeous . And so , I just want to than k you for lis ten ing to us and just let you know I am he re . I will make myself ava il ab le to the Council...anybody ... anytime . If you wou ld like us to come in , I would be happy to volunteer time to help you go through your ord inance : do the co mparisons , expl ain to you the intricacies about the trade that might be confusin g, because what you read in the media is pretty confusing . And there are some facts in there , but things get all jumbled . So , I would just put that out there and say thank you for listening . Again , we will make ourselves ava il able and I'm at your beck and call if you need any assistance or information ... I can get you sc ientific info rmation of anything you need . A lot of this is ava ilable readily through sites , etc . But I want to say thank you for that and thank you for your time . Mayo r Woodward sa id thank you . Counc il Member Penn said James ... is there any way we could get your e-mail ,1ddress to e-mail questions to you or would you not like to do that? Mr. Murkland sa id no , it's fine . Absolutely . I nm wide open ... you guys can call me at 2:00 In the morning . I work prett y much 20 hours around the clock . I am wor :·i ng with the veterans groups and a number of groups ... Marty wrote th is amendment and he is sick . He is in Mich lga " now . We are actually try ing to work with him to get some vets involve d and work with the VA . So , I am out ther< ; director@northamericancannabisco-op .org ... you can get me there or info .. .We 'II ha .• a website up pretty soon with a lot of links to information , where anybody can get it. all this information that you guys are look ing fo r. But info ... also at lnfo@n orth american cannab isco-op .org .. you can zap us there and you will get.. Council Me mber Pe nn sai d thank you . Mr. Mur~land said than k you very much . Thank you Ma yor . Mayor Woodward sa id thank you . 7. Recognition of Unscheduled Public Comment There we re o unscheduled visi tors . 8. Communications , f'roclamatlons and Appointments (a) A letter from Mila Pilz ind icat ing her resignat ion from the Keep Englewood Beautifu l Comm is sion was cons idered . Mayo r Woodward sa id she is going to be mo vin g out of the country . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO ACCEPT THE RESIGNATION OF MILA PILZ FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION . • • • Englewood City Council December 21, 2009 Page 5 • Mayor Woodward sa id are there an y coo,ments or discussion . Council Mem ber Olson said having been c,, "~B this last several years , it has been great t~ have her and I am sad to see her go . But , hopefully , her next journey will be great. Vote results : Motion carried . Ayes : Nays : Absent : Council Members Penn . Wilson , Woodward , Jefferson , Olson , Gillit None Council Member Mccaslin 9. Consent Agenda COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE CONSENT AGENDA IT!:PAS 9 (a) (I), (II), (Ill), (Iv), 9 (b) (I), (II) and 9 (c) (I). (a) /\pproval of Ordinances on First Reading (i) COUNCIL BILL NO . 55, INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE ''JTHORIZING A WASTEWATER CONNECTOR'S AGREEMENT BETWEEN COUNTRY HOMES METROPuclTAN DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO . (ii) COUNCIL BILL NO . 56 INTRODUCED BY COUNCIL MEMBER WILSON • A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "CONTR ACTS BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG)" FOR REIMBURSEMENT TO THE CITY OF ENGLEWOOD , COLORADO FOR THE COSTS OF 2009 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE . (iii) COUNCIL BILL NO . 57 , INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING STATE SENATE BILL 8, TRAFFIC CONTROL DEVICES MAINTENANCE CONTRACT , ALLOWING THE COLORADO DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY FOR COSTS OF TRAFFIC CONTROL DEVICES , OPERATIONS AND MAINTENANCE . (iv) COUNCIL BILL NO . 58 , INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN THE REGION AL TRANSPORTATION DISTRICT (RTD ) AND THE CITY OF ENGLEWOOD , COLORADO . (b) Approval of Ordina nces on Second Reading (i) ORDINANCE NO . 51 . SERIES OF 2009 (COU NCIL BILL NO . 51 , INTRODUCED BY COUNCIL MEMBER WILSON) AN ORDINANCE AUTHORIZING A 'LICENSE-CITY DITCH CROSSING AGREEMENT", AND A "TEMPORARY CONSTRUCTION EASEMENT" SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE IN STALLATION OF TWO WATER LINES CROSSING UNDER ENGLEWOOD 'S CITY DITCH RIGHT-OF -WAY AT ·1 HE APPROXIMATE LOCATION OF 5000 SOUTH WINDERMERE . • (ii ) ORDIN ANCE NO . 52 , SERIES OF 2009 (COUNCIL LI LL NO . 54, INTRODUCED BY COUNCIL MEMBER WILSON ) Englewood City Co~ncll December 21, 2009 Page 6 AN ORDINANCE AUTHORIZING A WASTEWATER CONNECTOR 'S AG REEMENT BETWEEN CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO . (c ) Resolutions and Motions (i) A contract with MV Public Transportat ion for the operation of the art Shuttle in 2010 . Vote results : Ayes : Nays : Absent: Mot ion carried . 10. Public Hearing Items Counc il Members Penn , Wils on , Woodward , Jefferson , Olson , Gillit None Council Member Mccaslin No publ ic hearing was scheduled before Council. 11 . Ordinances , Re1olutlon and Motions (a) Approval of Ordinances on First Reading There were no additional itemi: submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .) (b) Approval of 01 dinances on Second Reading • There were no additional item s submitted for approval on second reading . (See Agenda llem 9 -Consent Agenda .) • (c) Resolutions and Motions (i) Ope ratio ns Superintendent McCormick presented a recommendation from the Util ities Department to approve, by motion , a bid for rehabilitation of the exte iior of the Sherman elevated water storage tank . Staff recommends awarding the bid to the lowest qualified bidder , H & R Enterprises LLC in the amount of $182 ,384.12 . He said the Water and Sewer Board has recommended that Council approve a bid that we did for rehabbing our Sherman Water Tank . It is over behind Burt Chevrolet there . It Is a 200 ,000 gallon water ta nk that was constructed in 1982, I believe, and it hasn't been pa inted on the exterior yet. It was painted in 1999 on the interior , and when we went to paint the exterior we found that it had a lead based primer on the exterior ... not on the interior , but on the exterior. So , then that changed the ballgame and we have to do conta inment of the sandblasting and make sure the lead is co nta ined and then disposed of properly . So , we went out for bid and we did get the ... we had four different bids . The low bidder was H & R Enterprises and the bid was $1 82,384 .12 . We would like to start this thing in early January , because we have to get it back on line before summer. It !lkes qu ite awhile . There are antennas up there from AT & T and from the ... the Police Department's backup antenna and they are be ing removed or temporarily ... an antenna set up for AT & T for some cell phone usage . But we are just about ready to go and we would like to ask Council to approve this bid . Mayo r Woodward asked if there were any quest ions on this . Council Member Gillit said I have a question . He said I know on lead based pa int on homes you can pa int over and be safe . What is the difference? Mr . McCorm ick said because it is a metal tank , you have to sandblast it to get the bare metal , and when you do that the lead based primer has to come off of there . So you have to get it off there , in order to re-prime ii, and then re-paint it. Mr. Gill i! sa id okay , thank you . Mayor Woodward sa id Bill , I noticed that our low bid der is $182 ,000 .00 approximately , and the Ut ilit ie s budgeted in • our 2010 Budget. $280 ,000 .00 , so we are approximately .. Mr . McCorm ic k sa id we did well , didn 't we? Mayor Woodward said we did very well . Roughly , $98 ,000 .00 . Mr. McCorm ick sa id we didn 't know what the lead based ... what we were go ing to get into ... and that 's why ... our eng ineer made that recommend ation of $280 ,000 .00 Englewood City Council December 21 , 2009 Page 7 . ' ' fo r budgetary purposes . Bui there were other bids that were pretty close too . Mayo r Woodward said the Water Department , Utilities , did well . Mayor Woodward asked if there any other questions . Council Member Olson sa id I do have a question . I was actually surprised al the range . Operations Superintendent McCormic k sa id I was too . Council Member Olson sa id you were? Okay . You 're not worried about that? Mr. McCormick said we had another tank , in fact it was the Zuni waler tank, over on Zuni and Bates , that we did last year, and ii came in al $204 ,000 . 00 . II was a 500,000 gallon tank . Th is is only a 200 ,000 gallon tank . Th is one is taller , but not as big. So our engineers looked at the qualifications of the bidder. We checked into ii thoroughly and found that they are a reputab le company and ii is a good bid. Counc il Member Olson sa id I am sure they are , but are they going to be able to meet that? Mr. McCormick said we have got a pretty good , tight bid , so they have lo bid ii correctly and we feel we are okay with ii. Mayor Woodward said ii was Interesting that the Waler Board came up with the same questi on , not icing the difierence in the bid . However, we do have a consultant and the engineers that do go over the bids to make sure ,hat , technically , the bid has met the scope of the RFP . Mr. McCorm ick sa id yes and we did ask for recommendations from other cities that have had their water tanks done and they gave a glowing recommendation for this company . And they are out of Okl ahoma ... maybe ... il gels ligh t... maybe they want some bus iness this time of year. So , maybe that is why they did It COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· A BID BY H & R ENTERPRISES LLC, FOR REHABILITATION OF THE EXTERIOR OF THE SHERMAN ELEVATED WATER STORAGE TANK, IN THE AMOUNT OF $182 ,384 .12 • • Mayor Woodward asked if there was any discussion . There was none . Vote results: Motion carri ed . Ayes : Nays : Absent: Counci l Members Penn , Wil son , Woodward, Jefferson , Olson , Gilli! None Council Member Mccaslin Operations Superintendent McCorm ick sa id thank you . Happy hol idays . Several Council Members responded than k you . 12. General Dl1cu11lon (a) Mayo~s Choice (i) Mayo r Woodward said I would like to first congratulate our holiday decorating wi nners and than k KEB and Audra from Commun ity Development for the ir judg ing and going out and going through the City for those who app lie d. I also want to ment ion that Randy 's and the Penn 's were brought up ... one year when I was on KEB , I came over and snuc k up to the door and tal ked to Randy 's wi' e and as ked if there could be an honorable mention , at least She sa id well , he reall y doesn't apply for th is because he en joys It so much . His property and his ne ighbor's property on Sou th She rman are certainly well decorated . Aga in, I want to th an k Audra in Commun ity Deve lop men t and the citizen members of KEB , and cong ra tula tions to the winners. (ii) Mayor Woodward said Jac kie, th ank you for your input I think , as you know , our sympath ies are wit h you and the family and friends of Erin. Also , we did have a Co un cil request to find out about • lhe labe li ng . Tri-County Health was called and of co ur se, Tri-County Health made it very clear that they are not respons ibl e. The State is respons ible . The Slate Health Department. .. l believe it Is th e Health Departmen t. I don 't have the document with me .. .i nformal ion on iL.so in order for that lo happen ... th is is just a gue ss on my pa rt ... l'm sure the Slate hasn 't done anyth ing on ii, and its part of th is leg islation that will be com ing and is needed . I think it Englewood City Council December 21 , 2009 Page 8 is very important , the labeling of what's in an y type of food , espacially food lhal is leaving the prem it es and going to somebody 's home . In the event of an emergency , that information is available to emergency medical staff. We did find that out.. Someone started to speak from the audience . Ma yor Woodward sa id I'm sorry . Th is is a time that we do not... Someone spoke again from the audience . Mayor Woodwa rd sa id if there is something that you want to pass on to the City Clerk that would be fine . That is just feedback based on ... it was a really good point that you brought up last time and so we did check that out . (iii) Mayor Woodward said I want to .vish everybody here and the citizens of Englewood a Merry Christmas , a happy New Year. Happy hol idays to all. With that , I will turn it over to Randy . (b) Council Members ' Cho ice (i) Council Member Penn : 1. He said thanks Mayor. A lot of it is going to be repealed so hopefu lly just bear with me . The holiday lights ... that's one of my spec ial times of the year. Of course we gc nuts , j ust like everybody else . Congratulations to all of the winners ... KEB . Where did Mr. Winthrop go? I was going to chastise him for not getting up here and talk ing . That's okay . II looks like he already left . 2. He said a really neat thing Is the Englewood Chamber has the maps for 201 O and they are in . So if anybody wants a map of the City of Englewood , they are in. If yo u want them for your bus iness , they are free of charge . They won 't ccst you anything . So they are in and they look really good. I think the City should have received about 200 to 300 of them . City Manager Sears sa id I don 't think I've gotten dny yet. Council Member Penn sa id if they haven 't, please get ahold of me . City Manager Sears said I'll do that. Council Member Penn said it is really nice and the last map was 2005, so I guess its tim e. 3. He said Jackie , thoughts and prayers are always with you . Thank you for all of the great infoITn ation . 4. He sa id James , yo u might be sorry . I might be asking you really simple questions . I'll probab ly send you questions that hopefully you won 't think the y are too awful simple . 5. He said to our Slreet Department. .. I constantly , constantly get just praise for our streets : coming from Denver and Littleton and Sheridan and even Cherry Hill s an1 people are just amazed that we are keeping up so please pass that on to our Street Departmen t. II just amaze s me that that 's one of lhe first questions that people talk aboul when they come into En9lewood . 6. !Clerk's Note : Th is was listed on the Agenda as item12 b (i).J COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE AGENDA ITEM 12 (b) (I)· COUNCIL BILL NO , 59 COUNCIL BILL NO . 59 , INTRODUCED BY COUN CIL MEMBER PENN A BILL FOR AN ORDINANCE EXTENDING A TEMPORAR Y SUSPENSION OR MORATORIUM C THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FOR A PERIOD OF FOUR MONTHS . Ma yor Woodward asked if the re was discussion . • • Mayo r Woodward sa id I guess jus l want to ment ion , as it was ment ioned ea~ier , it certainly has been in the press a lot. There is ... Senator Chris Romer bringing it foiward , just today , in the Statehouse Report . From the Colorado Municip al Lea gue th ey had ment ioned that it will be com ing foiward and in talking to Representative ... Englewood • Rep re sen tat ive Joe Rice , last week , he Is looking at and will be poss ibly bringing foiward a bill to the House with th e he lp of Colorado Munic ipal League . So I th ink the initial re sponse to th is was that it was goi ng to go way dol';n on the list and that it wasn 't that imp orta nt when Chris Romer fir st brought it foiwa rd. I think it is at the top of th e list Englewood City Council December 21, 2009 Page 9 • right now and I think that th is is an issue tha t will be resolved and has to be resolved , because so many local mun icipal governments are having to deal with this and there is so much vagueness in it , so ... Council Member Penn said and my only comment is that it seems li ke we get one step forward , new information come s out an we are two steps behind again . I think the extens ion is definitely needed . Mayor Woodward aske d if th ere was ,1ny further discuss ion . There was none . Vote results: Ayes : Nays: Absent : Motion carried . Council Members Penn , Wilson , Woodward , Jefferson , Olson , Gillit None Council Member Mccaslin 7. He said and I will fin ish with happy holidays to everybody , the citizens , everybo1y who comes here every week and puts u? with us . Thank you for be ing here . City Council , have a great holiday . Everybody else here, thank you . (ii) Council Member Wilson : 1. She said just a couple ;if th ings . I want to thank KEB for all of the hard work that they do and I'm looking forward to working with the group th is year . 2. She said I wanted to say too ... l wish everyone happy holidays . The two years that I have been here already have been great. • 3. She said Jackie , I'm sorry for your loss . I can imagine how hard it is to lose a good friend . • 4. She sa id James , you have j ust been a little storehouse of knowledge , so thank you . 5. She said also on the way down here , I had stopped at Dress For Less , and Rick said rigl1t now , he feels that the bus lness ... the business district feels that it is the best it has ever been . And I was like so happy to hear that. And he sa id that they are feel ing very positive working with the City and he said it is the best it could be . He sa id it's never been better . So I thought that was great and good news . And he has some great clothes in there . 6. (Clerk 's Note : This was listed on the Agenda as item 12 b (ii ).J COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMB ER JEFFERSON SECONDED , TO APPROVE RESOLUTION NO . 86, SERIES OF 2009 . RESOLUTION NO . 86 , SERIES OF 2009 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 20 10 BY THE CIT Y OF ENGLEWOOD , COLORADO . Mayor Woodward asked if there was any discuss ion . Council Member Wilson sa id I wish we cou ld have done mo re. Council Member Gillit sa id my feeling is ... l th ink we started out with $75 ,000 .00 in requests and from $75 ,000 .00 down to $28 ,000 .00 ... 1 apprec iate the dial ogue that we had . I appreciate that everybody , you know ... l felt , at least from my view , it was give and take from everyb ody . Even though I stomped my foot sometimes , others stomped the ir foot at other times , but I do feel comfortable with thi s and I'm glad that , you know ... char ity Is a value in my own home , so I'm glad to see that it is a va lue of the City as well . Coun cil Memb er Olso n said I know that I used the word, the dre ad ed word la st week of Rubric and alth ough I found it a goo d proce ss last week , I do th ink it wou ld in our best interest now so cl ose to it , to act ua lly deve lop the criteria Englewood City Council December 21 , 2009 Page 10 so th at next year we can have them at hand and say th at this is sort of the general objective of what we are try ing to accom plish with these fund s and create lwo or three things tha l are sort of priori ties . If you are interested , I would be glad to put some th ings together as a draft to subm it sometime in the fulure , if you want to take a look at it. Just from wha t I hea rd th at day ... the last one ... Randy is laugh ing at me . Then I'll give it to Randy , wh o is a Rubric fan , right ? Mayor Woodward said I would suggest tha t maybe Linda could put It together and R,;cdy could revi ew it. There was laughter. Council Member Penn sa id I don 'l lhink that's a mo tio n. Counc il Member Olson sa id I will just draft someth ing and we can look at it...l thi nk its bes t to do that close at hand so we don 't forge t. I'll put somelh ing together . It's simply a draft . Mayor Woodward sa id I would like to agree with Rick that, and I th ink Jill sa id tha t...the only regret is tha t we don 't have more . There is so ma ny different th ings that are really good for people like me out lhere ... thi s was cut in ou r budget by 10 %, early on , when we did our budge t workshop and so its less than last year . However . the pro ce ss that we went throug h thi s year was really apprec iated , from my point of view , and very open and ve ,y ... everybody got to participate . Rick, sometimes you ha ve to stom p that fool down . I th ink tha t's good . I thi nk ii was very productive . Mayor Woodward asked if there were any other comments. There were none . Vote results : Motion carried . Ayes : Nays : Absent: Council Members Penn , Wilsr,n, Woodward , Jefferson , Olson , Gilli! None Counc il Member Mccaslin (iii) Council Member Gill i!: 1. He said thank you Mr . Ma yor . As, with everybod y else , I would li ke to wish a happy holid ays to all of you and hope you see you all next year . 2. He said to the guests that came tonight , I want to thank them . I'm proud to be the District 4 Councilman , since that's where we ha ve some of the great voters . It's okay to brag a little bit , right? 3. He said also for Jack ie, thank you Jackie for coming and presenting . My only comment is that I didn 't need to be convinced about the importance of ii and having it. I don 't think tMt. at least we , as a Council , coming fio m and peop le presenting say ing why we need to have it. I think our concern is ho w do we have the med ica l cannabis properly here and regulated the way it should be , made available to those who need it and secured from those who don 't. I th ink that is what is really important to us . And I hope that...when people come and present , to me ii would be a waste of time to present on why it's important to have it...we already understand tha t. In other words , it's legal. How can we make it better? Ho w can Englewood be the trendsetter for lh is? The people look at Englewood and say wow, look at what they did . Because we 've had great input. We 've had good people come and present and that we 've been inno vative and th ink outs ide of the box possibl y on th is and where we ha ve a good key and something thal wo rks for all of us . Tha t's what I'm look ing forward to . 4. He sa id James , I appreci ate you coming and present ing as we ll. That's it. Mayor Woodward sa id well said . (i v) Counci l Member Ol so n: 1. She said Jack ie , aga in my sympath ies . • • 2. She said James , thank you for prese nting . In th e moratorium , I was pleased to see IL.I was missing la st week because I was teaching a class in Belize . Actually some folks fro m Ele lize as ke d me abo"t med ical cannabis there. • I didn 't know qu ite what to say to them , because they had all kinds of que stions about relationships to drug traffi cki ng. I s,;d most of it is grown locally and tr ied to expla in to them how this re all y works . So there's lot s of confus ion out tnere . I really appreciate th e time that we have to actually re -address it and think abou t it. So my Englewood City Council December 21 , 2009 Page 11 • challenge to mys elf and to all of us here , and maybe you James and Jackie , is to find the unusual voices In th is; th ose which we might disagree with to help us th ink more clearly and those that we do agree with . I th ink you are go ing to be helpfu l in the process , so if you could help us even ident ify people that you don 't agree with to giv e us different perspectives that will help . I am very comm itted to reading and finding art icles and research on this to figure ou t... We are not the only State that has dealt with thi s. There are othe r examples of what has been done well and what hasn 't. I'm not about , unfortunately , I'm not about trendsetting on th is. I want lo make sure that wh at we do is what was intended in that vote by the State , that there is a compass ionate care for people who need It. That's what th is is abou'.. i,'s not about bus in ess , in my pers pective . II is not ab out gett ing tax dollars because I think in places where we 've seen that , that's not really the purpose of it. It's about caring for people who have a need so that's what I want to ensure . I th ink that's what the people of Englewood want to ensure . So help us with it. I apprec iate your time with us . 3. She sa id and happy holidays to everybody . Mayor Woodward sa id thank you . (v) Counc il Member Jefferson : 1. He said I just want to congratulate all of the award winners ton ig ht and thank KEB for putting that together. 2. He said I just want to thank Jackie and James for com ing down tonight. Jack ie, our thoughts are with you . 3. He sa id happy holidays to everyone . Thank you . • Mayor Woodward sa id I'm going to ta ke Ma yor's privilege to ... l just want to acknowledge and mention one other City Department that has been quite busy here , the last few weeks since the cold snap and that is the Utilities Departmen t. When you have real cold snaps , you tend to have water ma in breaks . And so we have our staff members working out there at any time of the day or night , in very cold weather , and most of us don 't even know about it. But they we;·e out there and they are providing for the community and it's ... Bill please pass that on . lt's .. .l'm proud of our employees . I know , last week , the City Manager had for the employees , Tuesday , a kind of a get together where the employees dropped in and stuff and there is this whole grt · p of Uti lity people out there in holes fix ing water pipes . Fortunately , some of our other Util ity people here were bringing them some of the goodies . But the dedication and what they do for us is really appreciated . 13. City Manager's Report (a) City Manager Sears sa id if I could just sa y today was a tough day because we had a water ma in break rig ht in front of the parl<ing lot at Swedish Hospital so there was a iot of difficulty. just the fact that having water to Swed ish ... what a c1.Ii cal place that Is. But as the Council has ind icated , I am very fortunate ... you 've mentioned a couple of departments ; we have Pol ice, our Fire , our Was tew ater Treatment fa ci lity ... l'm fortunate to work with so many very , very qualified and talented people . The City has a great deal of great employees . (b) City Manager Sears said I rea lly have no other re po rt . I wish you all happy holid ays . I loo k forward to working with yo u in the New Year. 14. City Attorney's Report (a) City Attorney Brotzman presented the proposed settlement agreement with the State of Colorado regard ing natura l resource damage claims related to the Lowry Landfill. The Littleton/Englewood Wast ewate r Treabnent Plant 's share is $5 2,088 .98 of wh ich the City of Englewood 's share is $26,044.49 . He sa id Ren Wilcox • cam e and spoke to you about the natura! resource cl aim that the State has mad e and gave you a history on tha t. I actually ... under my re port tonight , I have a request for a motion to actually settle the natura l resources cla ims regarding the Lowry Landfill. The plant's sha re is $52 ,088 .98 ; Englewood 's share of th at is half of that is $26 ,044.49 . Englewood City Council December 21 , 2009 Page 12 COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBF.R OLSON SECONDED , TO APPROVE A PROPOSED SETTLEMENT AGREEMENT WITH THE STATE OF COLORADO REGARDING NATURAL RESOURCE DAMAGE CLAIMS RELATED TO THE LOWRY LANDFILL . THE LITTLETON/ENGLEWO~ WASTEWATER TREATMENT PLANT'S SHARE IS $52,088 .98 l l F WHICH THE CITY OF ENGLEWOOf:!11. SHARE IS $26 ,044 .49 . ' Mayor Woodward asked if tilere was any discussion . Council Member Jefferson asked does this eliminale all fulure liabililies of this location . City Attorney Brotzman answered .it does . The federal claim has been settled and now this will be the State cla im, so there shouldn 'I be any other cla ims . Council Member Jefferson said I know that it has been hanging out there for some time, City Attorney Brotzman said right. Council Member Jefferson sa id in my mind, It sounds like a reas onable amount to elim inate th is liab ili ty going forth from th e City . Mayor Woodward sa id I agree . Mayor Woodward aske d if there were any olher comments or discussion . There were none . Vote results: Ayes : Nays : Abse ,,t: Mellon carried . Council Members Penn , Wilson , Woodward , Jefferson, Olson , Gillit None Council Member Mccaslin (b) City Attorney Brotzman said hap~y holidays to everyone . 15. Adjournment MAYOR WOODWARD MOVED TO ADJOURN . Th e meeti ng adjourned at 8:23 p.m. ~ • • •