HomeMy WebLinkAbout2008-10-06 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY , COLORADO
Regular Session
October 6, 2008
1, Call to Order
The regular meeti;1g of the Eng lewood City Council was called lo order by Mayor Woodward al 7 :48 p.m.
2 . Invocation
The invocatio n was given by Council Member Mccaslin .
3 . Pledge of Allegiance
Th e Pledge of Alleg iance was led by Council Member Mccaslin ,
4 . Roll Call
Present:
Absent:
A quorum wa s present.
Also present:
Coun cil Membe rs Jefferson , Moore , Penn , Oakley , Mccaslin , Wilson,
Woodward
None
City Manager Sears
As si stant City Attorney Reid
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Gryglew icz, Finance and Administrative Services
Director Fonda , Utili ties
Director Black , Parks and Recreation
Director Kahm , Public w ·· .. ;
Director While , Commun :ty Development
Senior Planner Lan gor•, Community Devel opme ril
Econom ic Dev elopment Coordinato r Hollingsworti•,, Community De vel opm ent
Housi ng Finance Speciali st Gri mmett , Community Development
Engineering/Capital Projects Administrator Henderso ,,, Publ ic Works
Deputy Ch ief of Poli ce Collin s
Fire Chief Pallarozzi
5. Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEM BER McCASLIN
SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER
15, 2008 .
Mayor Woodward asked if there were any corr ections or mod ifications . There were none ,
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Vote results :
Ayes : Coun ci l Memb ers Penn , Mccaslin , Moore , Woodward , Jeffers on,
Wilson, Oa kley
Nays : None
Englewood City Council
October 6, 2008
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Moti on carr ied .
6. Recognition of Scheduled Public Comment
(a) Pirate er Adviser Sheila Jones and some of her Englewood High School journal ism students
were scheduled to address Council with a request for funds to support co-curricular activit ies at Englewood High
School Th ey were not present.
(b) Derek Bell , an Englewood res ide nt , said basically I am here tonight just to talk a little bit about
the proposal that you guys will be voting on and just to describe a little bit about what life is li ke now that
Swedish has implemented their non-smok ing policy . My wife Stephanie , and I are both non-smokers and we
have lived in Eng lewood for about three years now. And up until now, Englewood has been a great place to
live . But the last two months has really put a hardsh ip on our fam ily and on our quality of life . And tonight we
are here to discuss a problem that our ne ighborhood has had to deal with since they passed the ir non-smoking
policy and began enforcing the non-smoking ordinance along the slreets and sidewalks around Swedish
property . But. before I go into that , I just want to thank the City Council for giving myself and others the
opportun ity to comment on Swedish 's non-smoking policy and ordinance that you are going to be voting on
ton ight. And , I just really aµprec iate you listening to how it has impacted our community and our li ves . I am
speaking tonight , for not only for myself, but for other ne ig hbors as well . We all feel that Swedish has basically
pushed their smoking problem into our neighborhood and left ii up to us to deal wilh now . I have a petit ion that
includes names and addresses of other ne ighbors , who share the same concerns , but they were unable to
make it tonight. So , I'm not sure if that is something that I can provide into the record at a later date , but I will
give you that when I finish up here . Thank you . Mayor Woodward said you can give ii to the City Clerk . Mr.
Bell said the pet ition essent ially lays out the problems that we have had to deal with since the policy went Into
effect and then ask for your help . What I would like to do ... and my intent is really to just highlight the personal
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specifics on how the non-smok in g poli cy , and the proposal that you are voting on tonight , has really impacted •
my wife and my life . And just in case you are not familiar with my address , we are directly adjacent from the
emergency room . So , when people come out and they are dealing , obv ious ly, with a lot of stress and pressures
and have that ci garette , they come by my house and smoke now. So , the increased lo itering is something we
have had to deal with. Every ho ur of every day we have Swedish employees , patients , guests and contractors
smoking along our streets , our sidewalks , ou r alleys , our yards . We see employees urinating in our alle ys and
see pat ie nts vo miting in our yards and people laying around and sitti ng in our yards . We have also seen ,
dramatic increase in the litter . Swedish employees , the patients , the guests and the contractors regularly leave
cigarette butts , coffee cu ps and other trash in our ne ighborhood . We have als o experienced a lack of pri vacy
now When my wi fe and I have a window open , we now can hear groups of people talk ing outside of our
window when they come over from Swedish to smoke . We have been woken up in the mid dle of the night by
Swedish smokers smoki ng along our sidewalks and we have also ha d Swedish patients , guests , employees and
contractors looking in our windows as they smoke aro und our house . Also , secondhand smoke is something
that we have to deal with . My wi fe is 26 weeks pregnant. We are expecting our first child on January 6". We
are very excited about that , but we are very concerned that we now have to breathe in secondhand smoke of
Swedish employees , patien ls , guests and the ir con lractors . When we eat at our dinner table , we smell
~~r ondhand smoke . When we ma ke breakfast in the morn ing , we sm ell seco ndhan d smoke . When we get out
of ou r car , when we walk along our sidewa lk, when we are sitting on our couch read ing a book , we smell
secondt 1and smoke com ing through our windoY.,, and comi ng through our swamp cooler . Environmental
contam ination is an issue that we are now having to deal with . The dra in at the corner of Pennsy lvania and
Girard is consis tently filled with cigarette butts . Th is is the same drain that says no dumping ... il dra ins into a
river . It is not si mp ly a health concern , but we are deal ing with an environmen ta l conc ern as well too . Th e
safety along Girard is also a concern that we have . We live directly across from the emergency room . You see
ambulan ces driving pretty qu ick ly to get into the emergency room and they now have to be concerned with all
those pat ien ts , employees , customers , contractors coming over from Swedish crossing Girard to smoke . It is a
very haavily traveled street and my wife and I and others have seen cars having to slam on their brake s to avoid
smokers from Swedish coming over to our properties to smoke and into our neighborhood . As our Counc il
members , we ask you to help us work with Swedish to insure the following problems stop . We feel like that by •
des ignal ing a smok ing area on the ir property , ii will elimi nate all the prohlems that were just presented . II is a
respons ible way for Swed ish to take ownersh ip of the ir pro blem and to stop r ush ing it int o our ne ighborh ood .
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Englewood City Council
October 6, 2008
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We also feel that the y should take an active approach by curbing the affects of smoking by providing poss ibly
educational material and a smoking area lo help educate the ir employees , educate lheir patients , educate the ir
guests , educate the ir contractors instead of the proh ibitionist approa ch by push ing it into our nei ghborhood .
Myself and my wife and othe r neighbors have tried multiple times by e-mail and phone calls to reach anyone at
Swed ish to talk about our problems and to respond to our cries for help . And when we visit Swedish for help ,
we are routinely told by t e se curity guards that basically it is not their problem anymore . Once they cress the
street , it is our problem to deal with and we need to take it up with the City . And personally , speaking on beha lf
of myself and my neighbors , we would rather our police force were out there catching crimina ls ... rather than
polic ing smokers off Swedish property and into our neighborhood . We think it is a time better spent... not only of
their time but our tax dollars as well too . Employees , guests, pat ients routinely te ll us that Swedish tells them
that they have to cross the street and go into our neighborhoods to smoke when they leave their property . So ,
we just feel it is irresponsible for Swedish to bas ically push people into our neighborhood to smoke . In closi ng ,
again I want to than~ the City Counc il for allowing me to put my concerns on the record for this issue . I
recognize , as a non-smoker, what Swedish is try ing to do . My uncle died of lung cancer, so I am very sympatric
to the issue that they are trying to push , but quite frankly , they are doing it the wrong way and they are doing it
at our expense . And tonight , City Council Members , you have the opportunity t~ help myself , help my wife , help
my unborn child , help our ne ighbors , just have a peaceful life . Thank you for yr ,ar tim e.
Mayor Woodward sa id thank you .
(c) Teresa Heidrick sa id I live over by Swedish Hospital on old Pennsylvania Street. This problem
with Swedish ... Swedish Hospital is located in a residential area . That's different from the other hospita ls that
have issued this non-~moking ordinance . That's because there is no one around there to complain about the
other hospitals . But Swedish is right in the middle of our residences . I think that this is the ir problem to clean
up . The problem started around August 1 a'" , or around that time , tha t's when I noticed all of the loiterers .
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There would be 1 O people on the corners and all of these cigarette butts ... I called to complain so many times to
the City . I've talked to the police . I've talked to numerous people at Swedish and Swedish says you need to call
the City . The City says that it's a Swedish problem . Th e pol ice said there is nothing they can do unless the
people are trespass ing , which they do all of the time, but you call and they are done smoking their cigarette
within 10-15 minutes so by the time anyone would get there , they're gone . They trespass on the property all of
the time . They litter. Swedish has hired maintenance people to come , daily , to sweep up the sidewalk steps .
Tha t's how I know they are culpable in this problem, because they have hired someone to come clean up the
sidewalks . It's caused so many iss ues with safety , with childre,1 , cost issues with our property values . It's right
by the emergency room , so the emergency vehicl es travel al a fast pace right past our ... meanwhile the people
are cross ing over, right there , to smoke the ir ciga rc Iles . I think that's a real safety issue right there , for one
th ing . Pat ients who come across ... I've seen pat ient • . there 's a patient , in a gown , with an IV , she was rolling
her IV across the street. and she sat there and sm o ,ed her cigarette , while talking on the phone , sitting on
property right on the corner ... sitting down , and smo king her cigarette with her IV and then she was on the
phone . She was there for probably one-half an hour and then she wen t back in to the hospital . I see pat ients in
hosp ita l gowns over there . I've seen employees and I was told by Swed ish that their employees are not allowed
over there , are not allowed to smoke , and they said they r,,ve them Nicorett& gum or patches when a vis itor or
pat ient comes there , in pla ce of smoking . I don 't th ink th•t really helps . Some of the patients that do come , tha t
have a visitor name tag . when they leave and they come back in, they aren 't checked aga in the second time for
th eir visitor . I th ink that is a safe ty issue for the hospital , also , We have little children on our stree t, right by the
corner there ... a lot of children and they are out there playing . They 're watching ... first of all they 're watch ing all
of these people sitting there smok ing . They 're be ing exposed to the second hand smoke. The people , they
don 't just stand th ere and keep to themselves , th ey talk to people as they walk by , making contact and talking to
us and talking to the children and I don 't th ink that's sa fe for our children . It's like stranger-danger. I don 't like
that. I don 't like them look ing in our windows and see ing when we come and go , making small talk with us . I
don 't want them looking In my window . I don 't want them to know where I am . The police sa id we should go up
to them and tell th em something . I sa id I don 't want to have retribution ag•inst me . I don 't want them to know
right where I live and they will come and do someth ing and I don 't want a .. 1 retribut ion . I worry about that. Our
• property values , I th ink , are really decreas ing be cause of all the smoke of the people lo itering around , standing
there . They stand tr,e re and they co me to our alleys ... I just not ic e ,t all of lh e tlm1, now . I think that Swedi sh
should really handl e the ir proble m. I think they need •·o add res s the issue . They need to create the ir own
Englewood City Council
October 6, 20 08
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smok ing lounge , somep la ce for sm ok ers . I don 't th ink it is a good solut io n for them to ha ve no sm oking because
the people there are in a really high stress situation . The visitors to this hosp ital. .. they 'll co me outs ide and want
to smoke somewhere and I think Swed ish should prov ide a place for th em to smoke . I also wo uld really
appre ciate it if the City were to issue an ordinance to place some non -smok ing signs right along between Pearl
and Pennsylvania Street. .. for non smok ing . all along that area . I wo uld love to seo that proposa l. I th ink that is
one good resolut ion . Thank yo u.
Mayor Woodward sai d thank you .
(d) Andrea Laci na was not present. Mayor Woodward said Ms . Lacina has prov id ed a letter to us
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in our pa ck ets . He introduced her letter into the record . ·To th e Englewood City Council : My name is Andrea
La cina , an Englewood res ident , sa id I live with tt1y husband Br ian about a half a bloc k down the street from
Swed ish Hos pital . I would lik e to express in writing to the Englewood City Council , and by extension to the
Administration of Swedish Med ical Center , my disappointment with how the Administration of the Hospital has
behaved with regards to enacting their No Smoking Policy . I am disappointed with the utter di sregard and
disrespe ct towards the res idential neighbors surround ing the ir hosp i;al , particularly those direc tly across the
street from the Emergency Room . The staff and patients are sanct ioned by the Admin istrat ion to loiter on the
two corners across from the ernergency room to smoke the ir cigarettes , whereupon they leave cigarette butts ,
hazardous waste products . and on occa sion vomit on the lawns and sidewalks of those ne ighbors . I am
aston is hed to observe this stand ard of care given lo patients . (Also , I am curious how they bill insu rance
companies when the patients , for periods of time are localed ac ross campus .). I am surprised that in this
compe :ili ve market they wan t this to be one 's first impress ion of the Hospital : lack of supervis ion of patients .
staff, and a disrespect and disregard for it's ne ighbors. As an RN , I am very familiar with a nearby hospital
which enacted a similar No-Smoking Pol icy for the ir facility , I am struck by the contrast in the rendering of th e
policy . It was done with a great deal of sensit iv ity to the ir res idential neighbors . Staff was told in no uncertain
terms that this new policy would not permit staff or patients to smoke in front of the houses in the neighborhood . •
It is not keeping with their Community Values . We in the ne ighborhood are especially concerned about the
effect this blight , which I described above will have on the home values of the ne ighborhood . It effectively ·sets
the tone · for our block which has struggled over the years to improve and ma intain property values . In a
housing market where there are many variables which cannot be controlled , we bel ieve controll ing this part icular
unfortunate consequence of the No Smoking Policy will aid in the preservation of property value and resullant
home ownership on the block . We believe that Swedish Hospital Administration has the ability and must have
the willingness to curb and contain the consequences of the ir No Smoking Policy . Their overall altitude of
indifference towards their res idential ne ighbors is , as I sa id, disappointing . It should be con sidered when they
seek ap proval for any future endeavors within our community . Sincerely , Andrea Lacina·
Recessed at 8:00 p.m.
Reco nve ned at 8: 1 t p.m. with all Council member s present.
7. Rec o gnition of Unsc heduled Pub lic Comment
Mayor Woodward sai d I just want to remind yo u that th is is not a con versation with Coun cil, it is a presentatio n
le> Council . If there is a re sponse ii will be under Counc il Membe r's Cho ice at the end of the meeting .
(a) Jess Gerard i, an Englewood resi dent , said I have lived in Englewood for 45 years.
Ton ight I am here to represent the Color ado Bandmasters Associat io n. The Colorado Bandmasters Associatio n
is re spon sibl e for sponsoring and running the Colora d, Stale Marchi ng Band Contest for all Colorado High
Schools . Th is is a four day event ta king place at five different stad iums . Th is year all the event s are in 1: ,e
Denver metro area . One segmpot , the 4A semifina l contest , which will in clude the top 14 Colorado bands in th at
class , is scheduled to take place o,, Saturday , October 25th , from 9:00 a.m. to 1 :00 p.m. in the Englewood High
School Stad ium . At the same time . the fourteen 5A bands will be competing at the District Twelve 5 Star
Stad ium in T",ornt on. The eight highest scoring bands fro m each class will then compete that evening in Finals •
at Invesco Fiel d al Mile High . The event in Eng lewood will draw an estimated audience of 2000 people , mo stly
parent s, grandparents and frie nds . Many will be from ou t of town , espec ially from th e Colorado Spr ing s area .
Becau se th e ma in park ing lot at Englewood Hi gh School will be used for busses and tru cks , parents and other
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Englewood City Council
October 6, 2008
Page 5
spectators will need lo park on the streets near the school . The Co lo rado Bandmast ers Assoc iat ion would like
to as k the City of Englewood if the parking restrict ions around Englewo od High School cou ld be re sci nded and if
the signs can be bagged fr om 8 :00 a.m. to 2:00 p.m. on that day . Many of these people attending our even t will
stay 1n Englewood for lun ch and spend money in our community As an Englewood citizen , and a
representat ive of the Bandmasters Assoc.iatio n, I wo uld hate to see these people ticketed for park ing in a
restr ic ted area . The Colorado Band · ,as ters Ass oc iat ion is wi lling to pay the cost of print ing flye rs for the homes
in thi s area if the City finds it necess ;r;, to inform the res idents . He sa id I would be glad to answer any
ques tions you have .
Mayor Woodward sa id thank yoa and there will be a resp onse during the Counci l Members Cho ice.
Vario us Cou nci l members abn th ... ~k~d Mr . Gerard i.
(b) Jerry Furman , sa id I do not live in Englewood , but I used to be a citiz en of Englewoo d
and graduated in 1994 from Englewood High Sch ool. My th ing is prope rty zone . Down at Flood Middle School
is a place where we closed down Flood Middle Schoo l and it is sitting empty . What I th ink ... because we are
taxpayers of Eng lewood and we paid the money for that thing ... why can 't we make it a museum ? And my other
th ing is for Bob . Drinking and driving ca use s injunes and It do es hurt people , even fam ily members , when you
drink ... like what you sa id when you ta lked about sm o~loQ . S,1'•,':'og hurts other people ... dr ink ing does too . And
I will stop th ere.
Co •,ncil Member Jefferson said than,s Jerry .
Mayor Woo 1ward sa id thanks .
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(c) Matthe w Crabtre e. an Englewood resident , saia good evening Counc il. Last time I was
before yo u I k;nd cl cut off my presentation so I would like to con tinu e it a little bit more abou t what I was talk ing
abou t before I had to leave . I would like to start off b)' sayi ng thank you to members of Coun cil fr,r passing the
extension period for the records timeframe , extend ing the tlmeframe lhat those records are available to th i,
publ ic . This is a grea t step towards open government. I w0 •1ld also lik e to notate that during Study Sess ion ,
both Jill and Bob com ment ed about transparent government and I was really h2ppy about that. That's a good
step . 't seems like there has been a re cent interest ... especially in the City here . I would like to commen t
tho ugh , in response to John Moore 's comments from the last meeting . I was kind of concerned about
something I here ... you had com mented that most consens us decisions , most, but not all that are made during
the Study Sess io n are eventually brough t into in the Council Chambers . And unfortunately , I don 't be lie ve that.
There is a litt le more to that stc-y . If I could quote something from what he sa id at the Study Session ... actually it
was a question that you had asked the City Attorney ... if it was actually necessary to vote on a matter and reach
a consensus de ci sion there at Study Sess io n. Th e City Attorn ey had clarified that City Council meet ings are for
mak ing decision s, and Study Ses sions are an educational process of Council . So , that was a bit concern ing
there . I also would like to clarify that consensus de ci sions , of any kind, during a Study Session are not lega l. I
could ce rtainly give you a couple of examples here . For instance, some of the final decis ions on the infamous
dog ordi na nce , those were act ually de cide d as co nsensus decis ions during Study Sess ion . There were actuall y
cha ng es to the Code Enforceme nt violations of postings ... tho se we re mad e during Study Sess io ns or
co ns ens us on lhat matter mad e by Counc il du ril ,g Study Sess io ns . And exactly all of lh ose issu es are
undisputa bl e. Acccrding to the Open Mee tings law , there Is no legal re co rd of any of those decisi ons . Are the
reco rds historic at th is poi nt ? Th ere 's no proof that they a ually hap pened .. J,r that the deci sion act ually
happ•ned . Now , one could ar~"e that it ever happened . To reiterate the importance of the Open Mee ting s la w.
I'd like to say he re too, that the local mee tin gs law is not an option . The Open Meetings law is the law and has
to be followed . And there have be en official s, in th is area , who have been violating the Open Meet ings law .
Th is is n't optio.1al . Four County Comm issioners from Jefferson County had charges placed aga inst them for
violations of the Open Meet ings law . ! do n't wan t this to happen lo you guys. I would really like to work with
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Counc il regarding th is is sue . It is an important issue to me and I feel it's an important iss ue to the res idents of
th e com mun ity . That 111 proceeding , on all issues regard ing Council , are brough t forth and not done in th e
priv ate sense . The telephone conversat ions that occurred between yo u guys , th ey ne ed to stop . Th e decis ion s
regard ing policy that are important made du ri ng Study Sess lons ... must stop . Bring the de ci sions in here , bring
Englewood City Council
October 6, 2008
Page 6
th e discussions in here . Keep them in the publ ic eye and keep them on the record . So anyway , so lhal I don 't
lake up much more of your lime here , I would like lo leave you with an important quote tonight. I stated ii last
time , but I lik,, ii and ii slates that we cannot have a government for the people , by the people , unll,ss the people
are informed . So, please consider looking al the Open Meetings law . Please consider tak ing further actio n to
keep gove rn ment open and prevent tt.: ootenl ia l for anything worse to happen . I'd hate to have a siluation
where City Counc il is charged for the ~la ti on of the City for the Open Meetings law . I appreciate your time .
Thank you .
(d) Peter Sh ,,µir o, an Erglewood res ;dent , said thank you all for taking the time to hear
what I have to say I am not go in g to take very much time at all . Derek and Teresa covered most of the po ints
that I already had . I just wanted to say that c11erall I wish you guys would force th is issue back onto the hospital
in someway and if they had to dea l ·;"~ lhe ,;noke rs on the ir sidewalks , I can 't imagine that it would be very
long before the y would decide to co,ne ci p W•ih another solution . The idea of the 200 foot perimeler ... l walked it
off today . It will merely move where they tell the smokers to go now ... two doors down , two doors closer to the
rest of us . It is alread y a problem for Derek and the rest of us at th is po int. It can only expand through the
ne ighborhood . So I would just like you guys to cons ider that. Tt,ank you very mucn .
Mayor Woodward said thank yo u.
8. Communications , Proclamations and Appointments
(a) A letter from Brian Verbeck announcing his resignation from the All i~nce for Commerce in
Englewood Comm itteE was considered .
COUNCIL MEMBER WILSON MOVED, AND COUN::IL MEMBER PEl,N SECONDED, TO ACCEPT THE
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RESlr,NATION OF BRIAN VERBECK FROM THE Al LIANCE FOR COMMERCE IN ENGLEWOOD •
COMMITTEE .
Mayor Woodward said I would j,st like to mention , ha,:~g attended meetings of ACE ov ar the last four years, I
certain ly have appreciated Bria n's participation and add itions to the ACE committee and regret his resigr.at ion .
Council Member Jefferson said I would like to second tha t. He was a valuable member of the committee .
Vote results :
Motion carried .
Ayes : Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferso n,
Wilson , Oa kle y
Nays : None
(b) A Proclamati0n declaring October 2, 2008 as Lights On Aflerschool! Day was considered .
Mayor Woodwa rd said also th,s will be celebrated nati onwi de October 16" as Lights On Atterschool Day .
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE A
PROCLAMATION DECLARING OCTOBER 2, 2008 AS LIGHTS ON AFTERSCHOOL/ DAY .
Mayor Woodward asked if th ere were any discussion or comments .
Council Member Penn said I would like to say that on October 2"' they had a really un ique program over al
Englewood Middle School . Each one of the gro ups put on a great presentation over there . If you miss ed it,
please try loge• over there the next time . Those young people are doing a great job educating our youngsters
before and after sch ool. Of course one of my daug hters is one of the people w ,10 do that , but ii is a super
program and if you haven 't had a chance to go to one of the KidQuest program s ... just identify yourself and s,t in •
on their programs . They do a great jo b lea ching our kids and prov iding extra hours of education , so it is a super
program .
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Englewood City Council
October 6, 20 08
Pag e 7
Mayor Woodward said thank you .
Mayor Woodward asked if there was any other discussion . There was none .
Vote results:
Motion carried .
Ayes : Council Members Penn , Mccaslin. Moore , Wordward , Jefferson ,
WIison , Oakley
Nays : None
Mayor Woodward asked if there was anybody here from KidQuesl to accept th is proclamation tonight.
There was no one . He said we will make sure that ii gets to the proper people.
(c) A Procl amation declaring October 5 through 11 , 2008 as Fire Prevention Week was considered.
COUNCIL MEMBER JEFFERSON MOVE J, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
A PROCLAMATION DECLARING OCTOBER 5 THROUGH 11 , 2008 AS FIRE PREVENTION WEEK.
Ayes : Council Members Penn, Mccaslin, Moore , Woodward . Jefferson .
Wilson , Oakley
Nays : None
Motion carried .
Mayor Woodward said I believe Chief Pattarozzi is here lo accept this . Chief Patta rozzi came forward to accept
the proc lamatio n .
• Council Member Mccaslin said Chief, I have a question . My wife asked me when Smokey the Bear would be
coming to the schools. Are we doing any school programs? Chief Pattarozzi said we are doing school
programs all of this week. Smokey the Be~r. we are not doing . as that is a Forrest Service program . Mr.
Mccaslin said but you will be coming to schools, so I will let her know. Chief Pattarozz i said yes we are. Mr .
Mccaslin sai~ thank you .
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9. Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I), (II), 9 (b) (i), (II), (ill) and 9 (c) (I).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NG . 68 . INTRODUCED BY COUNt;IL MEMBER MOORE
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN
THE CITY OF EN GLEWOOD. COLORADO . AND ARAPAHOE COUNTY , COLORADO , FOR 2008 OPEN
SPACE GRANT FOR THE PLATTE RIVER BIKE/PEDESTRIAN BRIDGES PROJECT.
(1i) COUNCI~ BILL NO. 72 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDIN ANCE APPROVING SUPPLEMENT Nu. 164 TO THE SOUTHGATE SANITATION
DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLclSION OF LAND WITHIN THE DISTRICT
BOUNDARIES.
(b) Approval of Ordinances on Se cond Reading
(i) ORDINt,NCE NO. 52. SERIES OF 2008 (COUNCIL BILL NO . 62 . INTRODUCED BY
GOUNC IL MEMBER MOORE)
Englewood City Council
October 6, 2008
Page B
AN ORDINANCE APPROVING AME NDING TITLE 3, CHAPTER 4, OF THE ENGLEWOOD MU MCI PAL CODE:
2000 , ENTITLED "CIT Y OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PL AN AND
TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 1999".
(ii) ORDINANCE NO . 53 , SERIES OF 2008 (COUN CIL BILL NO . 63 , INTR OD UCED BY
COUNCIL MEMBER MOORE)
AN OR 1 'INANCE APPROVING ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREFIGHTERS
PENSI ON PL AN DOCUMENT (THE PLAN ).
(iii) ORDINANCE NO . 54 , SERIES OF 2008 (COUNCIL BILL NO . 64 , INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE APPROVING ADO PTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE
OFFICERS PENSION PLAN DOCU MENT (THE PLAN ).
(c) Resolutions and Motions
(i) RESOLUTION NO . 71, SERIES OF 2008
A RESOLJTION AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO , TO FILE AN APPLICATION
WITH ARAPAHOE COUNTY FOR A 2009 COMMUNITY D~VELOPMENT BLOCK GRANT .
Vole results :
Ayes :
Nays :
Motion carried .
Council Members Penn , Mccaslin , Moore, Woodward , Jeffers on ,
Wilson , Oakley
Non e
10. Public Hearing Items
(a) Mayor Woodward said this is a Public Hearing to gather input on Council Bill fl o. 65 , a proposed
ame ndment to the Unified Development Code establishing an exceptio n to minimum lot wio th and area
requi rements for subdivision of properties In all R-1 zoM districts .
COU NCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO OPEN THE
PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 65, A PROPOSED AMENDMENT TO THE
UNIFll:D DEVELOPMENT CODE ESTABLISHING AN EXCEPTION TO MIN :MUM LOT WIDTH AND AREA
REQUIR!'MENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE rnSTRICTS.
Ayes : Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferso n,
Wilson , Oakley
Nays : None
Motio n carried and the public hearing opened .
All witnesses we re duly sworn .
•
•
Senior Planner Langon said for your cons iderat io n this evening is r.ouncil BIii No . 65 , Unified Develop ment
Code amendments establ ishing a subdivision exceptio n for minim um lot width and minimum lo t area
requi rements in R-1 zone districts . I have al ready submitted for the record Proof of Publication that this Publ ic
He ·ri ng was noticed in the Englewood He rald on September rn'· o0d also on the City of Eng lewood website
from Septem ber 17 lo October 5, 2008 . And I have also submitted the Sta :f Repo rt . This is an amendment to
the Muni cipal Code affecting all eligible R-1 zone district properties across the City . It is not property specific , •
th erefore no property posting or mail notices were required . As background , all zoning ordinances establish a
min imum lot wid th and lot area in all the zone districts . And the UDC has continued that policy or tradit ion . In
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Eng lewood City Council
October 6, 2008
Page 9
the R-1 zone dislricts lhe siz e of lots are based on relat iv e lot size: :1 -1-A ee,ng large lot , R-1-B be ing medium
lot and R-1-C small lot . Those sizes are also based on historic land pla llings , the pallerns of those histor ic
plallings and lh ,n comm unity standards . Two UDC regulations ma intain the se standards , First Is 16-8-4 .D Loi
Des ign and Specifications , lhal slates "1he minimum dimensions of lots shall be in accordance lo Chapter 16-6
EMC , 'Development Standards'." And also 16-2-16 .A5 which prohib its varian ces to allow additional dwell ings
beyon d the number perm itted by lot width or lot area standards . Therefore , no parcels may be created that do
not meet the minimum lot width or lot area standards . That being said , no varianc · ii are allowed , no relief
method for subdivision of propert ies that are almost big enough lo be subdivided i11:; zone district sizes . And ,
larger propertie s lhal are almost large enough, will always remain just large properties with single uses . Over
the years property owners have come forward to requ est subdiv ision of parcels into lots lhal would be just shy of
the standard lot area or lot width . In one particular case , 1/"e re was a request in 2006 to subdivide a property ,
Thal wen I to a 2006 Study Session of Council and Coun c•! di rec••-~ staff to allow the subd ivisio n within 5%
through an adm inistrative policy and then to include lh ;,\ p.-;li :y In i ulure UD C amendments . In January of 2008 ,
the app licatio n for that subdivision , based on the 5'•· po'.;), v,r. ,_,,~milled. In April , the decision to allow the
subdivision was appealed by a ne ighbor of the proper\t . In \; ;y ':wo e, the Board of Adjustments overturned
the Commun ity Development de ci sion to proceed and allow the suodivision , so therefore , the subdivision was
not allowed . In June of 2008 , dur ing a P and Z Sludy Sess ion , the Commission reviewed th e policy and
potential language for amendments as part of the housekeeping amendments and then in June , also al a
Council Study Sess ion , determined that they would remove that request from the hous •:,eeping amendment
and allow the ordinance to mo ve forward as a separate ordinance . On August 19 , 200 8, the Plann ing and
Zoning Commission held a Publ ic Hearing and that was published in the Englewood Herald and also on the City
web and no members of the public allended lhat Public Hearing . So that is how we come to lh ls evening . The
proposed subdivision exception applies only in the R-1 district. It provides a relief mechan ism for the almost oig
enough propert ies to be subdivided . II provides an opportunity for additional single-unit res idential prope rt ie s in
the City . Again, multi-unit districts are not affected by this amendment and no variances are allowed . So thos e
•
two areas are not affected by this proposal. The proposed subdivi sion exception would allow up lo a 5%
reduction in either lot width or lot area or both , because in some situation , if you varied the one , you v,ou •d have
to also adjust the other. So , in the R-1 -A , the width of a oroperty , that is a current requireme nt , is 75 feet and
lhal with proposed reduction , the width of that property could go down to 71 ;ind a quarter feet . The area of
9,000 feet wo uld go down to 8,550 square feet. In the R-1-B , that would normally require a 60 foot width ... thal
property width could go down lo 57 feel , with the lot area go ing from 7,200 square feel lo 6,840 square feet.
And then in t~e R-1-C , or the small lot , that currently requires 50 feet. the reduction of 5%, the lot width could go
down to 47 and a half feet and the 6,000 square fool lot area could be reduced by 300 feel to 5,700 square feet.
The s,;bdi vi sion exception would require a pub lic notice by property post ing and publicatio n through the web and
the City 's offici al paper, so that interested parties could be made aware of the propo sed subdiv ision and
reduction . Th is is si milar to what a varian ce would requ ire . The proposed subdivi sion exception wo uld als o
require a Publ ic Hearing by the Plann ing and Zoning Comm ission and th is provides an opportunity for public
input and the appro val process and ii is intended lo safeg uard ne ighborhood in tegrity . The subdivision
exception provides an appeal process for anyon e who would be aggrieve d by the Planning and Zoning
Comm ission de cision , first to you ... to City Coun ci l ... and then a further appeal would be through the District
Court , which is a standa rd proce du--al process . The subdivis io n exception prohibits variances to the e"'cept ion .
Th erefore , lhe 5% could not be redu ced by anything more , The ma xim um allowan ce would be 5% and also the
zone dis trict could not be vari ed . So it would only be in the R-1 zone districts . It would not be applicable lo any
of the R-2 or R-3 zone districts. And also the subdivis ion exception prohibits side setback vari an ces or
adjustments , so that the same distance between stru ctures on a standard lot , tn al would be th e sa me as on the
reduced size lot. Therefore , th• separation betwe en structures would remain the same . Community
Development supports the µreposed amendments for the fc,llowing reasons : first it provides relief from a
restrictive lot width and lot area standard when subd ivi ding prope rty , it sti mulate s new residential development ,
improves housing slack with new structures , creates additional land or lots in a land -locked city , provides for
smaller lots and there fore more affordable properties and more opportun ities for home ownership ;n R-1 zone
distr icts , ii provi des housing options that may belier flt the needs of re sidents ... incl ud ing smaller yards , ii
provides City revenues by bui lding perm its , use and prope rty laxes , ii prevents what we ca ll z,gzag prop erty
• lines , where so me one subdiv ides a property ra ther than by making a straight line between the
prope rt ies .. zigza gging around a structure merely lo get the lot width or the lot area requ irement. That zigzag
a:ound stru ctures only crea tes problems in the long run ... generall y ne ighbor issues , but it does cre ate
Englewood City Council
October 6, 2008
Page 10
pro blems . The proposed amendmen ts al so support the goals and objecl iv es of Roadm ap E,,glewood -the
Comp Pla n. by promot ing a mix of hou sing opportun itie s serving needs of all currenl and iu!v1a Englewood
·es idents . It doe s all th is while prov iding a relief process to rigid lot widlh and lot area staadards for subd ivis ion
,f property and it also provi des an opportun ity for public input in that relief process . I would be happy to address
~ny questions .
Mayor Woodward sa id there are no questions at this time .
•
Bill Curnow, a Sedalia res ident , sa id I have been a property owner in Englewc c;d for somethino over 10 years .
have had various businesses in Engle wood for over 26 years . I've been tied to th is commun i:7 lhrough many ,
many different ways . I've actually beer, on several Englewood Boards , etc . But I am not talk ing this even ing
about any specific property . The property that was alluded to earlier in 20C~ ,. a piece of prop ,<!)• •~at I
currently own and many of you on Council are aware of tha t particular situa : . ·. I am here to talk aco ut
Englewood in general and the growth 0f Eng lewood as a property owner, no . ,·nly of that property, but of many
other parcels that I currently have in Englewood The base of any city's growth is really dependent upon two
factors ... the people who live within the City and the p,,ople who pass lhrough the City . The corridors th at are
here in Englewood on Broadway , on Hampden , on the 11usier streets , provide sales tax revenue that the City
desperately needs to maintain its integrity and its growth and the safety and services that need to be provid ed lo
~usinesses and citizens . Bu t in general , those bus inesses count on and rely upon the people who live within the
City and the income that is produced in those bu sinesses comes generally from those people . As Englewood
moves forward into the future , that is based upon , in large part , on the economic wherewitha l of the people who
live here . And so , it is incumbent upon the City to help upgrade the general housing in the c ;ty and many time s
that is based upon the ru les and regulations that are in place in Englewood and many 01 : sr cit ies . Englewood is
an old town . It has been around for a lot of years . Many of the plat maps are a hundred years old and you as
Council and Community Development inh erited some pretty odd shaped lots and a lot of th ings are fairty
inconsistent from ne ighborhood to neighborhood and block to block . This particular change would benefit the •
development of many of these odd shaped parcels and probably bring into action a more uniform ne igh borhood
anc it would a ll ow developers , like me, who have built homes in Eng lewood, to upgrade the housing wh ich , in
general , upgra ces me entire City . The h0using thal is here , many of the homeowners are frankly frustrated with
the fact that the ir ,alues ma y or rnay nee go up ur .. dc.s there is new housing around that allows the reinvention of
neighborhoods . e •,t , as I've said , I am not talking ~bout any specific parcel this evening . I am talking about in
general , the type & of homes that I think Englewood would li ke to have . As _}.s . Langon, I believe that is her
na me, alluded to , U,is Is something that is fairly standard in other communit ies . Currently , the citie s of Littleton ,
Lakewood , Denver and Arvada all do have this 5% rule an d it is applied adm inistratively . And , yo u know , frankly
as a builder in these cities , I have been able to count on purchasing a property and approaching the Community
Development people and having it a fairly qu ick look-see to see if it makes sense to purchase property and to
ant icipate cooperation with t~e city . But with that , I would like to show )'OU a house that we buill in 2006. This
particular home is a 2300 square foot house built at 3041 South Ogden Slre et. This happens to be on a 50 foot
wide lol , but th is part icular home is only 36 feet wide . It has got a front load garage as :here is no alley behin d
lh ls home and I think , arguably , it is one of the more attra ctive homes in the neighborhood . This is not an
obnoxious structure . It met all the building codes , it meets all the things that were alluded to ea rher .. the
setbacks and all of the other things . And this is really , I th ink, what Englewood could anticipal e and look forward
to and bu ilders would benefit by Council fa ,orably looki ng upon t,aving lhe types of adm inistrat ive var ian ces or
those types of act io ns in Englewood now :nd in lh e future . Thank you very much .
Mayor Woodward sa id than k you.
Council Member Penn said Bill , could you br ing that pic ture by , be cause some of us can 't see that fa r. The re
was laughter . He said well one of us can 't see that far. Does anyone else want to look al ii?
Mayor Woodward sa id I would like to see it.
Matthew Cra b<ree , an Englewood res ident , sai d I will kee p th is really short . I'm about as prepared as I was last •
time with my last th ing here , as I wasn 't expecting to speak . Bu i I li ke to reilerat e so meth ic g. It se ems that Ms.
Lang on had menti oned so mething about th e matt er of Commun ity Developm ent being vot ed on as to giving
•
Englewood City Council
October 6, 2008
Page 11
th em the right to ... and of course I was sitting in the corner ... but this goes righl in line with what I ment io ned
earlier . It seems like there was a disc ussion during Study Se&sion to vote and give Community Develop ment
lhe right to make decisions like this . And th is is kind of an example of what I was getting at earlier. Like I said , I
will be real qu ick, but this is one of those examples where an illegal decis ion was made that places the City in a
real awkwa rd decision . So , I be lieve that th is falls in li ne with some o' my soncers s as I sa id aarli er That is all I
have , thank you .
Mayor Woodward said thank you .
Laurett Barrent ine , an Englewood reside nt , sa id Tri cia Lang on ... just to add to thi s ... an d she did bring ii up and
Matt yo u are rig ht ... it is a great example of the problems that are caused when the laws aren 't followed and you
don't follow pro cess when something isn 't publ ic . That dec ision was made in Augu st of 2006 . I voted in Study
Session about that . I am wiser and smarter now and when we become aware of problems that our pro cesses
are creating , then we need to sta nd up and fix them . II was that proce ss that made Commun ity Development
bel ieves that they had the authority to tell Iha \ man that he co uld go ahead and build on property ... he invested
on that wo rd ... and now he is be ing told by the City Council , well just su~ us because we are not go ing to keep
that The focus of good go vernmen t is constantly looking at the affect cl govern ment on the community . II City
Council passes leg isla tio n, even with th e best of intentions , and that leg islation ultimatel y fails to produce the
intended resu lts, it is up to our elected offici, Is to be honest about th ese ~a h,res and seek to im prove the
legislation or remove it. not to ignore it beczase you don 't want anyone to th ink you made a mist,,ke, not to
ignore it because Council worked on it really hard years ago, not to ignore it because yo u don 't understand th e
problem . Ignoring a problem doesn 't make It go away , be ing mad at the people who communicate a probl em to
you , doesn 't ma ke it go away . The Un ifie d Development Code has problems . Several have resulted from
tak ing open publ ic processes and ma king them adm inistrative . When did that happen in th is in stance? During
a Study Session . There is no record . That is why your own Board sa id that the dec isi on was ille gal . That is
•
why we are here . The process was meant to make it more timely and user fr iendly . It was a great inten tion .
However, in at least two areas that has not happened ... limited use and the issue s within the 5%. How many , in
th is case , has successfully gone through the process? We do r. t . 10w be,.iuse it Is no longer a public proce ss .
What were the issues th at triggered the administrative process? Ware the1 approved , ,f so, why? Were they
denied , if so , why? We don 't know, becau se it was no longer a public process . Pr io r to the Unified
Dev elopment Code , the Board of Adjustments and Appeals ... the appropriate board for these matters ... a Board
of Englewood citizens appo inted by City Counc il made these decis ions , but only after a Publ ic Hearing , a
chance for the community to be able to voice the ir co ncerns with the pros and cons and the discussion on the
publ ic re co rd . The rules govern ing the decisions were available for all to see and the petit io ner knew, as well as
th e public , why they had been approved or denied . What th ey can cause Mr . Curnow, the owner of the property
on Pearl Street , is an example of what can happen . He is a victim of th is closed door admin istrative process .
He purchas ed a rundown property , demol ished a blighted bu ilding , abated the asbestos , subd ivide d the land
into two lots . because he trusted that th e City of Englewood and City Council had the auth ority and would
always honor the ir word that he could build . We don 't know what happened because th ere is no re co rd . Th e
public is denied the information and instead of keeping you r word , yo u told Mr. Curnow to sue you . This
problem could have bee n avoided . If you want people to trust the City , if you want people to believe in the City
Counc il, if you wa nt people to bu ild and invest and prosper in the community, then stand by your word , keep the
promise tha t you made to him and then don't allow the process to continue . Go back to having all of these
issue s dec ided by the Board of Adjustments and Appeals . In the open , in a publi c forum , where the neighbors
can voice their conce rns on the public record . It worked well for the Cily for over 100 years . Thank you .
Jer ry Furm an said and if you guys tak e property away from people who paid for yea rs for that property , are th ey
going to get th ei r money back if they pa id for taxes for the City or are you just go ing to tell them , oh wash it off.
Beca use if they pay taxes for the City , the City owes all those people who were cu tting the 5% rule . You guys
wou ld be ow in g maybe about two or three bill io n dollars .
• Ma yor Woodward sa id thank you .
Ma yor Woo dward ask ed if the re was anyon e else who wan ted to speak during th e Publ ic Hearing . There was
no one .
Englewood City Council
October 6, 2008
Pag e 12
Mayor Woodward asked 1f there was a motion to close t. !' P11 blic Hearing .
Council Member Wilson said I will move to con tinue the Public Hea ring . She s.;,1d \;" ,,, · 1S • time , about th is
property , th at the citizens went to the Board of App eal and the Board of Appea l ove111.r .. ,. 'ar.r. !aese people
thought that they won for this 5% ... th at It did not go through . I would like to make a mot'oa that sia;i forward a
spec ial notification lette r lo the people who spoke at the Board of Appeal. I fee l tha t lhey . there woulJ be no
rea son for them to follow this or look into it further if they thought the y wo n. I want t:1em 10 ha ve the ri~ht to
speak at a Pu blic He aring .
Mayor Woodward said okay , so you have moved to cont inue the Public Hearing and to notify the peopl e that
spoke at the Board of Appeals Public Hearing , of this ex tended Publ ic Hea ring . Ms Wils on said co rre ct.
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO CONTINUE THE
PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 65, A PROPOSED AMENDMENT TO THE
UNIFIED DEVELOPMENT CODE ESTABLISHING AN EXCEPTION TO MINIMUM LOT WI TH AND AREA
REQUIREMENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS TO THE NEXT
REGULAR CITY COUNCIL MEETING .
Mayor Wo odward asked if there was an y disc us sio n on th is .
•
Counc il Member Jefferson sa id yes . so generally is my understand ing correct. .. that if these people did want a
Publ ic Hear ing thal they would still gel one under th is current ordinance ? Counc il Member Wilson said they
would get one when that property, that act ual property .. Asked , Mr . Jefferson said, asked for it to be wi th in the
5% rule . She said correct. But I fee l tha t it is more transparent if th ey are allowed to speak at this meeti ng
also ,,, and to have them notified . Be ca use , Mr. Jeffe rson said , you felt that they ma ybe have some issues wit h •
the rule gene rally , not j ust spec ifically to that property ? Ms . Wi lso n said correct. And I wou ld like to hear from
them . I was not at the Board of Appea l. so I would lik e to hear wh at they had to say , so that I co uld make a
better choice . Mr. Jefferson said okay , it was just from what I heard from them , my thought was is that the ir
problems were generally very spe cific with that part ic ul ar property , but having heard that from you , then I wo uld
be more tha n happy to extend it if that is the general feeling , that the y did have concerns about the 5% rul e
generally and not specifica ll y.
Mayor Woodward asked if the re were any other comments .
Mayor Woodwa rd sa id I tend to agree with you ... tha t we just... in the matter of being very open and making su re
that these people are aware , I would propose that we do an este nded Public Hearing at the very next scheduled
City Council meeting .
Mayor Woodward asked if there was any other discussion . There was none .
Vote results :
A1es : Council Members Penn , Mccaslin , Moor~ Jodwa rd , Jeffers on,
Wil son , Oakley
Nays : None
Motion carried and th e publ ic hearing will be co ntinu ed at the nex t regular City Council meeting .
Coun cil Member Wilson sai d the second motion wou ld be to ask staff for a special notificat io n lelter to t~e
peopl e who altended the Board of Appeal. And , Mayor Woodward said , thosa who talked and spoke up at th e
Public Heari ng ? Ms . Wil son sa id I gue ss I am a litt le bit cloudy on whethe r it should be the ones ... yo u have
their name and add ress th en ...
Senior Planner Lan gon said I was just going to as k for th e same clarification . T~ose who spoke or th ose who •
atte nded? Council Member Wilson said I wo uld imagine ,. those who spoke would let everyone else know . So I
think tha t would be sufficient.
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Englewood City Council
October 6, 2008
Page 13
Council Membe r Jefferson said at the Public Hear ing of Ir.a B',ard of Adjustment and Appeals? Ms . Wilson said
yes .
Council Member Wilson said does everyone agree with that. ma t it should be the people who spoke or the
people who attended and spoke?
Council Member Jeffer~on said do we have the name and acdress of everyone who attended ? I don 't believe
so . Just the people who spoke is the only ones we have contact informat ion for .
Several Council members spoke at the same time .
Ms . Langon said that is why I wanted the clarification .
Council Member Jefferson said that will make it a lot easier if we said to not ify the people who spoke .
Mayor Woodward said so staff will notify , by mail, the people who spoke at the Board of Appeals Public Hearing .
Ms . Wilson said yes .
Mayor Woodward asked If there was any discussion .
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO HAVE
STAFF PREPARE A SPECIAL NOTIFICATION LETTER AND TO MAIL THE LETTER TO THE PEOPLE
WHO SPOKE AT THE BOARD OF APPEALS PUBLIC HEARING .
•
Ms . Laurett Barrentine , (speaki ng from the audience) sa id while the Public Hearing is still open , may I ask a
question please?
Assistant City Attorney Reid said , I'm sorry but the Public Hearing .. Ms . Barrentine said she continued the
Public Hearing . Ms . Reid said to a date certain , which would be the next time so it is closed for now. Ms .
Barrent ine said you haven 't closed this Public Hearing yet. Council Member Jefferson said we haven 't voted to
close ii yet. Ms . Reid said okay , yes we did . You •~led lo continue the Public Hearing to a date certain .
Ms . Barrentine said but they have not yet closed the Public Hearing .
Ms . Reid said what we are now doing ... you voted to continue the Public Hearing to a date certain , so the public
input is through . You now ha•e a motion on the table to notify people by mail. You have a second from Joe and
so it up for a vote now on that one .
Mayor Woodward said please vote .
Vote results:
Motion carried .
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , J•fferson ,
Wilson , Oakley
Nays : None
Ms . Barrentine (speaking from the audience) said but you haver, t closed this Public Hearing and I wanted to
know if... Ass istant City Attorney Reid said yes, we have . If you want to speak at this Public Hearing then you
need to come to the next scheduled hearing and you may, when they reopen the Public Hearing, you may
speak then .
• Ms . Barrentine said you sa id the Public Hearing was closed and public comment was closed , does that mean
the publ ic comment will be closed at the next on e? Ms . Reid said no , that is not what ii means . Ms . Barrent ine
Eng lewood City Council
Oct ober 6, 2008
Page 14
said yo u haven 't close d th is Pub lic Hear ieg yet and the vote hasn 't been taken and I'm just trying to ask you a
question .
Mator Woodward sa id we have closed th is part of the Pub lic Hear ing and opened it up to Counc il's discussion .
Ms. Barren tine said I'm just trying to ask a question .
Co un ci l Membe r Moo re sa id the act of continuation closes the Publ ic He ari ng ton ight and allo ws it to continue at
the ne xt session . But , it is ettect one step that moves the discussi on ... it ends it for ton ight and moves it two
weeks out.
Ms . Barrentine sa id so my quest io n, John , just has to do with the notificat ion and whether Co uncil is now setting
specific pol icy to now not ify only specific people about Publi c Hearings and that was just a question t'lal I had .
Because that is not someth ing that I understood was policy .
Council Member Moore sa id tha t part is not up for ... there is not opportunily for public Input at th is part of the
meeting .
Ms . Barrentine said my ta xpayer dollacs are go ing lo pay just lo nol ify certain people , I want to make clear that
that Is what you are doi ng ,
Council Member Moore said you may talk to any of us after the meeting and ra ise your concerns . Thank you .
Ms , Ba rrentine sa id mayb e the Mayor could clarify what you just voled on then again .
Mayor Woodward said we voted on two items . I think it Is clear wha t we voted on .. It is very clear .
Ms . Barrentine sa id I wouldn't ha ve asked the quest ion if it were sir.
Ma yo r Woodward sa id you know, Ms . Barrentine , this is not an open forum here . You know that. Ms .
Barrentine said I didn 't th ink the meeting was closed ... Mayor Woodward said I don 't want to hear anymore out
of you and if I do hear more , Commander Collins will yo u please rem ove her from the room , Thank you .
Ms . Barrentine said thank you .
11 . Ordin an ces , Res oluti on and Moti ons
(a) Approval of Ord inances on First Read ing
(i) Mayor Woo dward said Agenda Item 11 (a) (i) -Council Bill No . 57 (a bill for an
ord inance appro vi ng the 2008 Mill Levy for collectio n in 2009), has been , at the request of staft , pulled fr om the
Agen da.
(ii) Directo r Gryglewicz presented a rec ommendation from the Oepartment of Fi nance and
Administ rative Services to approve a bill for an ordi nance adopting lhe 2009 Budget for the City of Engle wood.
He said as Counc il and Slaff knows , the budget is a long and difficult process . It starts in Janua ry and actually is
pub li shed in December . And the reason it is so diff icult is that the budget quantifies the dollars for the City 's
priorit ies for its operations and its plans . So there is a lot of gi ve and take , There is always more need than
there is revenue, so th is is a long and difficult pro cess . Council and staft met together a number of times at
Study Sess ions as we ll as a Budget Re treat on the 22 "' and aga in las t Monday , the 29~, Council met and
final ized the budget. Th is is a budg et for all the City funds , but I wou ld li ke to just elaborate on the General
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Fund because that is the Fund that prov ides Po lice, Fire , I ibrary , Information Technology Publ ic Works and •
Parks and Recreat ion . The beg :nn ing total reserves for the General Fund are $10 .3 ,Ti illio n. That inc ludes
$3 48 mill io n that is in the Long ferm Asset Reserve , To tal Reven ue s for 2009 ar e $39 ,050 ,721 .00 . But the
total sources of funds are $40 ,532 ,438 .00 . Tota l Uses of funds for 2009 $41 ,445 ,14 8.00 , En ding Total
Englewood City Council
October 6, 2008
Page 15
• Reserves are $9 4 million , whic h includes $3 9 mi llion in the Long Term Asset Reserve . Total En ding
Unreserved/Undesignated Funds are S4 .2 mill ion or 10.8 percent of Re venues.
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (I i )· COUNCIL BILL NO . 61 .
COUNCIL BILL NO. 6 1. INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD . .:OLORADO FOR
THE FISCAL YEAR 2009.
Mayor Woodward sa id I would like to open the floor for discussion
Ma yor Woodward sa id I would just like to say that, in light of the econ om ic status of the globe toda y. City
Council has commented that we will be looking at and watching very closely, not only the 2009 budget , but the
2008 budget... the rem ainder of the year. Currently, we are sitting in a very healthy place but. as we all know,
tha t could change on a dime or in a month as we get our reports . So , we have discussed and are prepared to
make changes to that.
Ma yor Woodward asked if there was any further discussion. There was none.
Vote results :
Ayes : Council Membe rs Penn. Mccaslin. Moore. Wood ward , Jefferson ,
Wilson . Oakley
Nays: None
• Motion carried .
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(' .. , Director Gryglewicz presented a recommendation from the Department of Finance and
Admin istrative S .ces to adopt a bill for an ord inance appropriating funds for the 2009 Budget for the City of
Eng :ewood . He sa id the budget is the City's plan for spend ing and its service delivery. The appropriations
ordinance actually g ives le gal authority to spe nd those funds. For the Ge neral Fund for 2009 . that amount is
$41.445 .148.00 and the rema ining funds are included in the ordinance.
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (111) • COUNCIL BILL NO. 58.
COU NCIL BILL NO 58 . INTRODUCED BY COUNC IL MEMBER McCAS LIN
A BILL FOR AN ORDINANCE APP ROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY
OF ENG LEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009. AND ENDING
DECEMBER 31 . 2009 , CONSTITUTING WHAT IS TERMED THE ANNUAL APP ROPRIATION BILL FOR THE
FISCAL YEAR 2009 .
Mayor Woodward as ke d if there were any commen ts or qu est ion s. There we re none .
Vote results :
Ayes: Counci l Members Penn. Mccaslin. Moore. Woodward . Jefferson .
Wil1:~:-:. ()akl ey
Nay s. ~~on e
Motion carried .
(iv) Director Gryg lewicz prese nted a recommendation from the Department of F:nance and
Adm inistrative Services to adopt a bill for an ordinan ce approvi;1 g the 2009 Budget for the Lillleton /Englewood
Wastewater Trea tment Plant. He said the Littleton/Eng lewood Wastewater Treatment Plant shows beginning
Englewood City Council
October 6, 2008
Page 16
funds avail able al S115 ,674 00 Th eir tota l sources or funds for 2009 is S16 ,27 4 .612 .00. Thei r uses fo; 2009
are S16 ,274 ,612 .00 which le aves an endin g funds available of S115 ,674 .00 .
Ma yo r Woodward asked if there was any disc uss io n. The re was none .
COUNCIL MEMBER PENN MOVED, AND COUNCIL M~MBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (iv)· COUNCIL BILL NO . 59 .
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER PENN
AB, FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON /ENGLEWOOD
WAS ' 'WATER T REATMEN T PLANT FOR THE FISCAL YEAR 2009.
Vote , · ults:
Motion carried .
Ayes : Counci l Members Penn , Mccaslin, Moo re , Woodward , Jettersrn ,
Wilson , Oakley
Nays: None
(v) Director Gryglewicz presen ted a recommendation from the Department of Finance and
Adm inistrative Services to adopt a bill fo r an ordi nance appropriating funds for the 2009 Bu dget for the
Littleton/Englewood W · alewater Treatment Pla nt. He said the tota l appropriation for 2009 for ti •,~
Littleton/Englewood Wa stewater Treatment plant is $16 ,274 ,612 .00.
M;:yor Woodward asked if there was any discussion . There was none .
COUNC!I. MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA rrcM 11 (a) (v) -COUNCIL BILL NO. 60.
COU NCI L BILL NO . 60 INTRODIJCED BY COUNCIL MEMBER McCASLIN
A BILL FOR AN ORDINANCE APPRO PRIATIN G MON IES FOR THE LITTLETON/ENGLEWOOD
W\STEWATER TR EATMENT PLANT PURPOSES IN THE FISCAL YEAR BEG INNI NG JAMUARY 1, 2009,
AND ENDING DECEMBER 31 , 2009, CONSTI TU TIN G WHAT IS TERM CD THE ANNU AL APPROPR IAT ION
BILL FOR THE FISCAL YEAR 2009.
Mayor Woodward asked if there was a1 1y comm ent. There Nas none .
Vote results :
Moti on ca rr ied.
Ay es: Council Members Penn , McC asr a. Moore, Woodward , Je fferson ,
Wilson , Oakl~y
Nays : None
(vi) Economic Deve lopment Coord inator Hollingsworth presented a recommendation from
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the Communily Developm ent Department to adopt a bill for an ord in an ce prohi biting smok ing outd oo rs near
medical centers . He sa id before Council this evening on fi rst reading is an ordinance that would prohibi t
smoking outdoors on publ ic right-o f-way adjoining certa in medical hospitals. Th is ord inance would amend Title
6 of the Eng lewood Mun icipal Code, which is administered by the Englewood Police Department. The council
bill proposes three alternat ives. Alternative (1) would propose prohibiting smoking in front of the medica l
hospital on the sidewalk adjoining the hospital, option (2 ) would propose prohibiting smoking across the streel
from the med ica l hospital and opt ion (3) would propose extending that to within 200 feet of th e ownership of the
medical hosp ita !. Th is ordi nan ce is be ing requesled by represenlal ives from Swedish Med ical Center. That •
co nclu des my com ments th is eve ning . Thank you .
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Englewood City Council
October 6, 2008
Pag e 17
Mayor Woodward asked if lher e were any quest ions for Oarren .
ayo r Woodward asked if there was a mot ion . We have three proposals .. ad jace nt sidewalk ..
Council Member Moore said if I could gel a point of clar ification . Whal I wou ld like is a confirm at ion from the
City Attorney for the sake of myse lf and Coun ci l. I would like lo make a mot ion on !his ton ight and rece ive a
second for the sake of gelling discussion on the topic . Still al that roint, any Counc il member would ha ve !he
right lo make a motion to table it, before we move to a vote ., Is If .orrect? So wi th that , I will ma ke a mo:ion
for Council Bill No . 66 with the 200 foot ve rs ion , aga in hoping lo gel a seco nd , so that we can discuss
th is ... discu ss the ordinance that is in front of us .
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 66 -THE 200 FO OT VERSIO t·I.
COUNCIL BILL NO . 66 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 6, CHAPT ER 1, OF THE ENGLEWOOD MUNICIPAL CODE
2000 , BY THE ADDITION OF A NEW SECTION 8, ENTITLED "SMOl".ING OUTDOORS ON PUBLIC RIGHTS -
OF-WAY ADJOINING AND WITHIN TWO HUNDRED FEET (2 00 ') OF CERTAIN MEDICAL ~:O SPITAL$".
Mayor Woodward asked if there were any questions .
Counc il Member Moore said I will be happy to kick it off. I'm not prepared to vote on an ordinance ton ight.
While I am not happy about doing nothing ... I am very concerned ab ou t the impact. I respect what Swed ish is
trying to do . Th~y are try ing to deal with the smoking issue around a heallh facility , it is a critical issue .
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However , the hospital is in a residential neighborhood and every option in front of us ... the ban itself in every
op tion in front of us ... pushes the problem into our residential area . And I don 't know for sure , bu! I would
believe that... I just can 't imagine that all the hosp it als that have part icipated in mov ing towards a smoke free
campus . have the res idences surrounding the hospital li ke we do in our community . Perhaps I'm wrong , but
regardlr:ss . th is ban is ca us ing the residences around the hosp ital to absorb a disproportionate share of the
burden . So . I think fundamentally, the problem ... l would like to encourage Sw edish to strongly consider ... is
there any wa y to accommodate their goals while considering !he environment that the locatio n of the hospital is
in !he middle of a residential commun ity . Rather than ... again , the ordinances in front of us merely decide whe re
the chalk line is that thees individuals will stand over to smoke . And the real issue is the smokers !hat are using
the Swedish campus . The problem ... at least where I stand now ... the problem needs lo be dealt with on
campus . It cannot be left for the neig hbors lo live wilh that problem . We do not have a solu tion yet. Let's no!
ask the homeowners in that area , all of the residents in that area ... We don 't have a solution that asks th em lo
deal with th is in a fa ir manner . I am not prepared to move forwa rd and I am going to hope Swedish , as a good
neighbor. co ns iders !he concerns they have heard tonight and thinks abOl•t it further Those are my comments .
Council Memi..er Mc.:eslin sa id and I wo 11 ld like lo comment on that . You k:'OW, I Goc :;l-'..:d banning smok ing in
hospita ls and you wo1J ld not bel ieve the number of ord inances . I'm with John , I thinic 1ncre is an ord inan ce out
there !ha t we can co me to a comprom ise, where ii doesn't push the smoking in !he ne ighbo rhood . I really do . I
mean there has got to be . I called hospitals that we have here in the Denver area that don '! have the res idential
effect that we do . And so ;1 is pretty easy , you jusl put !hem on the sidewalk and you don 't have lo worry about
11 . bu! I do to ha ve a pe rsonal matter . not be ing a smo ker. that if I had peop le smoking in front of my hous e. I
would have the same concerns that was broughl up ton igh t. So , I feel !he same way you do Joh n. I hope Iha!
we , as a City , and Swedish can get together and come up with someth ing that is fa ir /O everyone . and not jus t
push the problem into lhe residential area .
Coun cil Member Oakley sa id with that being said , we have to decide wh ether we are willing ,to support anyth in g
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th et would ban smoking on publ ic property . And I for one . will not support anyth ing that would ban smoking on
pub lic property . II is not enforceable . As I said before , either I just don 't wan! lo pa ss an ord inan ce !hat we
have no intention of enforc ing or don 't have th e capab lli tles of enforcing . It is counter productive . So. I will not
support any one of th ese .
Englewoo d City Council
Octobe r 6, 200 8
Page 18
Council Member Pann sa id I loo go along with John . I truly hope lhal Swed ish becomes a good neighbor and
keeps the smoking on the ir property . I know that is not what they want. We appre ci ate the ir reals of whe re they
want to go , but putting It out into our resident ial area is not where it goes . 1 can 't support an ord inance until I can
fi nd out if we can actually uphold the ordin e.nce and what would make it fa ir for the residents in that area . So .
right now, I could not support th is.
Counc il Member Wilson said I suppM John and what he sa id and I ag ree with what 1andy said .
Mayor Woodward said well , I would like to comment , as I had in the Study Session , that not only moving th is
into the neig hborhood is not acceptable to me, but as Wayne had said, moving it past the public right or way , is
not an acceptable move to me and I have a real hard time conside ring voti ng on any or the three of these
ordinances as they are presented ... as fa r as goi ng ove r that righ t-of-way . And I would like to encourage
Swedish to take a look at some sort or arrangement on the ir ca mpus, similar to Craig , whe re at least around the
emergency room , peop le have the opportu nity ... if th ey are under , as Wayne had pointed out , the stress or
having someone in the emerge ncy room or the mselves bei ng in the emergency room , a place to go out and at
least perceptio nally re lieve that stress . So that wou ld be my comment.
Council Member Moore said I will make a motio n to table ':Ninci l Bill No. 66 rathe r than vote on it tonigh t in
hopes that we ca n continue to strive for a solutio n that is .,ore tolerable for both Swedish an d the residents or
that area .
COUNCIL MEMBER MOORE MOVED , COUNCIL MEMBER McCASLIN SECONDED, TO TABLE COUNCIL
BILL NO. 66 .
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Council Me mber Oakley said John . I wou ld like to comment on that the n if I may . Unless this Council is willing •
to pass somet hing that will make it illega l to smoke on City property , no matte r what kl, ,d or solution we try to
come to . we might as well decide it tonight. because unless you are sayi ng tha t we will, in the future , consider
doing that . we might as well say tonight tha t we are not go ing to do ii and then Swedish can do wha tever they
have to do .
Counci l Member Moore said I pe rsonally wo ul d be willing to conside r an ordina nce such as what is presen ted , if
I we re convinced that it add ressed the needs of the residents . So, I do not have an issue with the public right-
of-way aspect , so I am willing to conside r any solutio n, as long as it is addressing the rights and needs of the
residents in that area . So. that is why , I hear you ard that is why , for me , 11bl ing is a more appropriate solution
fo r tonight. Way ne makes an exire mely valid po 'nt.
Counc il Member Jefferson said I am general agreement with Wayne . I am generally not supportive of banning
smoking in public right-of-ways . However. it doesn 't seem ... I mean , I thi nk we are all hopefu l that Swed ish
would reconsider their position . I think that would be the best solu tion for the City and for the neighbors .
however. it doesn 't seem likely . I mean I guess we ca n wait and see . It seems that the bigg er is sue for them
was just smoke free access . rather than to tally smoke-free right-of-ways . And so, perhaps , I'm just throwing thi s
out there as sort of a rhetor ical question , of would we be willing to support a smaller scope ban on part ic ular
areas next to the en tryway or those particular entryways?
Mayor Woodward sa id State Statute provides that pr imary entrances , I believe , are 15 reel and secoodary are
10 feet , if I recall . Mr . Jefferson sa id that probab ly doesn 't reach the right -of-way . Mr. Woodward sa id I be lieve
the entrances to Swedish are all within the campus itself. And again , gelling in to that rig ht-of-way issue . for me .
I agree with Wayne . I would cot seppo rt tabling it and looking fu rt her into the right-of-way issue s.
Council Member Oak ley said you know Swedish is one of ou r larger employers and we are certainly glad they
are here and support them in every way that we ca n. I hope everybody understands that. Bu t at the same •
token . the se people have come before us tonight and asked us to he lp them . And , we should be able to come
to a vote and sa y either , we are going to not allow restrictions on public property and Swedish will have to make
th eir decision based 0,1 t!·,at or not. So , John 's mo tion will do that. You know , if it is voted and it's got enough
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Englewood City Counci l
October 6, 2008
Page 19
votes , then thi s will be co ntinued an d we will see hew it works out. If it is not, then I gue ss, th en we will vote on
whelhe1 •.ve will do the ordinance at all . Is that the wa y ii wi ll wor,?
Assi stant City Attorney Re id said , yes , if he has a second , then you would vote on whether or not to table it and
if that doesn 't pass , th en you would go back to the original mot ion , wh ich is the mot ion in the affirmative lo pass
Coun cil Member Wil son said wh en to table it. would that be to th e next meeting or do you have a.. Ass istant
City Attorney Re id said no , you labl e it unt il it is brought back up off the tabl e by one of the Counc il members .
Council Member Penn sa id so what I unrlerstand then , is if we table it th en the pub lic right-of-ways are still open
for everybody to smoke except for the entrances and stuff like that? Coun ci l Member Moore said tab ling would
just leave things as they are today, until we choose to address it.
Mayor Woodward said just for the purpose of clarity , Swe di sh as an employer always has the right lo tell their
employees where they can or can not smoke and that there may a consequ ence if they are cau ght smoking on
their property . They can also instruct cust omers or patient s or whateve r that they ca nnot smoke on their
property , but once they get on to that public sidewalk , and tha t is what the issue for me is about... the sidewalk ,
the alley, the green space , whatever , They can't tell that customer ... they could tell th eir employees tha t lhere
wo1Jld be a consequf -:e .
C.:oun oi l Member Penn said so as we table this, can we also ask Swedish not to send those people across the
street ? I know we can ask them , but encourage them not to send these people across the street , so th at they
go in the private sector . Could we send them maybe a memo or someth in g?
Co un cil Mem ber Mccaslin said you know ... and I ag ree with Randy . In talking to the administra tion from the
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hospital , there c.:e ordinances out there ... I mean these are ~ti!1 works in progress . Denver is going to adopt it in
November. but they said , you know , they sunset for two years and then come back and address it :o see if they
have to tweak it or whatever . I don 't want to pass anythi ng right now that wou ld put anything back into the
residential area . Serio usly . But I understand th e hospita l. I mean I wouldn 't want to take my asthmatic father or
someone to a hospital where they are smoking all around me too . So , it is a tough dilemma and , don 't think
ton ight... I think we need more informat ion , I ti ,ink tabling it, we can st ill have a discussion . I think Randy
brought it up . at th e high school they started ticketing people and t~en all of a sudden they quit and kids are just
do ing what they want to anyway . I don 't wa nt to be reactive on this . I want to be proact ive on this , because
there are not a lot of hospita ls here who are in true residentia l areas that I have any studies that I can say, oh,
yeah , th is might work or th is might work . I think interventions and sol utions are st ill out there that we haven 't
heard of and we can't just say forget it, we are not going to deal with it.
Council Memoer Oakley said consider this , we if table th is and it gives Swedish hope that we are going to com e
hack and al iow restrictions on public right-of-way ... they are not going to do anything , they are going to wait for
us to do that. Mr. Mccaslin sa id do you know that for sure through?
Council Member Jefferson said specifically . one of these three , is n't that what is keeping it alive . these three that
we have in front of us ?
Council Membe r Wilson sa id well I th ink , isn 't it th e hopa that the y do come up with an alternat ive anti that it isn 't
one of these three? Council Member McCaslin said that is what I would hope ,
Counci l Member Jeffersc,1 said I think that is, I ayree . I think that is all of · Jr hopes .
Council Member Wilson said and then tabling it, hopefully they can come back with
Council Member Jefferson said what I am saying , I think your effec: tabling ....
• Cou ncil Member Mccasli n sa id Wayne , if they don 't, if th ey don 't come ba ck th en we know our an swe r.
Englewood City Council
October 6, 2008
Page 20
Coun ci l Membe r Oakley sa id you are miss ing my po int. As lon g as we give th em hop e that we are going to
restric t smok ing on our side walk s and streets with in whate ver , that is the direction that they are go ing to go. If
we tell them , thal is not go ing to ha ppen , then lhey are going to have to do someth ing else .
Coun cil Member Jefferson said I agree . Isn 't in effect... tabling it just actuall y keeps these three ord inances
alive , which I th ink has gone down the line , sayi ng that r.one of us support . I don't think ii is saying lhat we are
not willing to address this problem in the futpr a.
Coun ci l Member Mccaslin said but you know , even if they say okay , Council doesn 't wa nt to do anything , they
are still go ing lo pass it. There will be no smoking on th is campus ... you are still pushing th e people out Into the
re sidential , with still nothing . I mean , these people have nothing to hang their hats on · 1d we are still where we
are right now ,
Counc il Member Oa kley said no , we are not. If we don 't ban smoking on public props, 1y, all they 've got to do is
step outs ide cf the hospital door and stay on that side of the street. If we ban it there , then they are going to
have to cross the street. Then if we ban it there , they are go ing to have to go down the block . It is all hased on
what we ban .
Mayor Woodward said so again , we can control the customer. I don 't think we can control the employee .
Council Member Jefferson sa id while they are working? Mr . Woodward said well , if an employee , if Swed ish
has a poli cy much like the Englewood Public Schools , that ii is a smoke-free environment , then nobody is
smoking there , that puts th~ people that smoke, that work for the School District , across the street inlo the
neighborhood . But it doesn't put an individual that is walk ing down the public street..
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Council Member Jefferson said okay , for example then , so a guy on his break at the hosp ital smokes on the
right-of-way in front of the hospital can be fired or terminated for that action? •
Mayor Woodward said well ii is their policy , whatever their policy is and I don't know what that is. Mr. Jefferson
said would ti 11 policy be legal? Assistant City Attorney Reid said I am not their lawyer, I'm not going there .
Council Member Jefferson said you 're not going there , okay , fair enough . But I don 't know, ii seems that once
you ace on public space that it has noth ing to do with the hosp ital. That is my opinion , I guess .
Coun cil Member Moore said some employers actually have gone as far as bann ing smoking in off hours by their
employees . It hasn 't been fully tested in the courts If I may address Wayne . Wayne, the logic beh ind my
approach ... Swedish has the un ilateral right to continue the policy they have alre ady started , wh ich creates all of
the problems , or continues all of the problems that we have already heard tonight. Rather than us taking ,
exercising our unilateral r:ght to vote this down , my goal was to send a m%sage that I really want to find some
solu!lon and the pur~ose of the tabl ing is to Ind icate that deC'lre •0 find some coopera ti ve solution .
Council Member Oakley said o,Jy, but that does say that if you vote that :·oc are willing to give up some public
property , because there is no other alternative . Either Swedish does it on their property or we ban publ ic
property . So , it appears to me , that we can make that de ci sion . It is time for us to stand up and make a
decis ion .
Council Member Penn sa id I agree with Wayne . I think if we make this dec ision and allow people to smoke on
th e publ ic right-of-ways , we can always come back and visit this , but at lea st , they get the message that we are
nol support ing th is right now and the y can 't send those people to the neighborh oods .
Council Member Oa kley said right now they are telling the peop le to ca ll th e City , because they th ink that we are
going to do that If we tell them , we are not going to do that , th ey are not go ing to be able to tell the people to
call the City any more .
Council Member Mccaslin sa id ... but we are not te lli ng them that. What we are do ing is trying to address the •
issue and say ok ay . if they are going to pass it , they are going to pass it anyway . Hopefully th ey care , but it Is
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Englewo od City Counci l
October 6, 2008
Page 21
still goi ng to be there . the issue is st ill there . You know , we~~~ tryin g to find a solut ion instead of say lng , no .
that's It.
Counc il Member Penn said but if we keep it on the ir front door , may be they will make a differen t decision . And ,
we can always look at it at a later time ... at anothe r ordinance laler , maybe th ey will come ba ck wilh something
that John is hop ing for , but 1f we keep it on thei r front door they might just realize that , hey you know, th ese
people ha ve to do is walk out lhe door .
Coun cil Member Oak le y sa id another thing that bo thers me is lhey have got a facil ity on their own campus ,
Cra ig Rehabilitation , is one of the most famous hosp itals in the country , lhat has two areas where these people
can go , So , It Is a differen t philosophy wilh in the !r ow n induslry . It is not go ing to help by dumping it on the City .
Council Member Jefferson said it seems , yo •, know , lhat we are getting into some semantics about what type of
l\lessage we are sending to Swedish and you know , one approach , I think , is generally ... we say no then they
•,ill send them back to the drawing board . And the other approach is if we send them no , they are not going to
wan: to com mun icate and cooperate with us aga in in the future . Is that kind of what I am he ari ng from John and
f•lob?
Council Member McCas!in said is th ere anyway we co uld sit down , I mean rea Py sit down and co me to lhe
table?
Coun cil Member Jefferson said I thin k we are all willing ... I think that is my point as well. You know by voting
down nne of these ordinanrcs , I wouldn 't necessarily be saying that I am not open to further discussion wit h
Swedisn and not try ing to fo11d some sort of solution ti ,at we are ail will ing to li ve with ,
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Council Member Moore said you are right. I personally just th ink it sends a slightly better sign of desire for
cooperation and to find sometning that works . If we end th is here , then lhe ne ig hborhood will continue to suffe r
as they ,,,. right this moment. If we do noth ing ... Mr . Jefferso n said regardless of what we do they are going to
continue to suffer.
Council Member Oakley said and you are say in g, if we end th is right now and it stays like ii is , Swedish :s going
to force those people off of the public sidewalk , across the street? How can the y do that?
Council Member Mccaslin said because they did say there is no smoking on our campus , Mr. Oakley said we
are talki ng about our sidewalk on their side of the street. That is not driv ing them out into the neighborhood ,
they are staying on the Swedish side .
Council Member Moore said every complaint we have heard ton ig ht is based on the law in effect ton ight. What
we do here ... I mean , all these problems are already happen ing . Mr . Oa l.ley said okay , that is a goo d point.
Th at Is a good poi nt. Why are the people go ing across the street? Mr. Jefferson said that is a good point. Mr .
Moore said that is because Swedist, is send ing them across the street. Mr. Oakle y said ii we say you can 't do
that , we're not ban ci ng on thei r side , th ey can 't tell them they have to go across the street. Mr. Moore said the y
can say it... what the/ can 't righ tfull y say .. , you can 't smoktl on that sidewalk , because legally toda y they can .
So , we already ha ve the is sue that even without pass ins any of thes e ... the effec t is that th ey are already goi ng
into the ne ig hborh ood . ,:,11 th es e ordinances will just guarantee it .. will gu arantee wha l is alread y happening
today .
Mayor Woodward sa id may I interrupt for a second , We do have the Chie f Executive l')fficer of Swedish
Hospital here ton igh t.,, Mary White I don 't know if you wou ld like to addre ss an y of tlils, tome up and say
anything or just listen lo the com ments .
• Ms . Mar/ White said I ·~oul d be happy lo answer an y questions .
Ms . White said I think Julie has been ve ry mu ch inv olved in th e Study Ses sion an d has shared with you th e
history of this pro cess and we ha •,e been planni ng th is with 40 other Cc!o ra do hos pi tals for the last 8 to 12
Englewood City Council
October 6, 2008
Pag e 22
mon ths . And ou r goa : is to have a goo d neighbor pol icy as well. I am taken by Mr . Oak ley , with hts passion tor
not want ing to vio late the righls of the people of Englewood and give away City property for th e but you really
shouldn 't and so I am sitti ng he re th inking , ma ybe we were wrong in asking you for th is ordinance , be cause the
Denver Hosp ital has asked for it and we followed suit. And maybe it was not th e right thin g to do . I am struck
by his pass io n for not wa nt ing to set a preced en l for something that you may not want ·, do for oth er
organ izatio ns in the future . So, it may not be the righ t th ing to do .
Coun ci l Member Jefferson said so am I hearing that you may be willing to reconsider th is policy ? Ms White
said no , I may be willing to not request th is ordinance . Mr . Jefferson sa id I see . So it sounds ltke that answers a
lot of what we were talk ing about her e ... that their po licy wouldn 't change . Ms . White said I don 't know it th e
other six of yo u feel the way Mr. Oakley does , but he certa inly has enough passion for the rest of you . There
was la ug hter.
Council Membet Moore said I wish I co uld grab some of his passion , but believe me it Is under there
somewhere , but my passion is the impact that yo u are doing to your neighbors . Anything you can do lo help me
understand that.
Ms . White sa id I hear you . I have promised Jul ie I wouldn't say th is, because it is a publ ic meeting and Tom w,11
misquote me , but I wo uld prefer to have an ord inance that bans smok ing in th e City of Englewood completely
But , so put that out there . Th ere was laughter. But that is my person~I view , not the hospital 's view . In the past
three days , I reviewed vid eo from 24 hours on Thursday , October 2"'. Friday the 3", Saturday the 5" and I
reviewe d it all yesterday and the number of people tha t were videoed outside our ED , ber • th;,t seems to be
the bigges t problem area is around ED , versus the front entrance to the hospital or the loa •doc.area . The
total number of peo ple vide oed in a 24 hour p~riod ranged fro m 16 to 26 . There were several employees , but
•
mostly visitors and on e to two patients a day and most of ... il divided half and half ... people that went across the •
street to smoke either by the alley or by Girard on Pennsylvania and the others were people that you co uld see
on th e vide o that the security guard that we post out there 24 1'7 by the El) for th is purpose , went up to and sa id
please stop smoking and they stopped sm ok ing and went batk into the hospital. So , the numbers might have
been larger whe n we started th is event in August , but I wa s not struck because I kep t hearing from the security
people who told me so many people an hour . I sa id I must se,, that. because what I hea r from the ne ighbor s
doesn 't sound lik e one to two people an hour smoking out acros s the street. So , I woul d be happy to share lhat
vi deo with you if you want to look at three 24 hour segments of video . Bui ii doesn 't sound like one or two
people an hour is acceptable or ten oeople an hour is acceptable . And yo u are right , if you do not allow th is
ord inance and peop le can smoke c.r, our sidewalk , they can also smoke on the sidewalk across the street I
can 't control that. We had a person ,,n Saturday night , and ""lie might ~ave shared th is with you in the Study
Session ... that is an em ployee and w~ probably can 't fire them for standing on public property and smoking but
we can certa inly ask them to be good ne ighbors and follow our gooo neighbor pol ic y. The employee was told to
stop smok ing and they called the police . They called Englewood PD and filed a harassment charge agains t our
security officer who had come across the street and said ... please don 't smoke across the street in our
neighborh ood on our neighbor's propertf. So without the ord in anc e we can 't do that , but I ca n respect your
desi re not to step over the boundary of wha t govern ment shoul d and shoa,dn 't do. With the ordi nance we co uld ,
but it could be that the secur ity guard wou ld ha ve to chase these people half way dO\"" the block if we extend ii
200 ya rd s or 400 yard s. So, I am not sure what th e right answe r is and ma ybe it is th ·~e just say go to th e
s,deNalk ... ours , yours ... an d that might be what we need to do .
Council Membe r Oakley said I apprec iate yo ur comments an d I think that eventually th is will work itse lf ou t. We
have se en cigarette sales continually drop year after yea r in our rev enues and I believe it is going to ... because
th e message is gett ing out that th is is what it is . We all real ize what it is . So , I th ink if you would maybe make a
little more ac comm odation outside of the bu il ding for the people , that it will even tually wo rk its way out.
Ms . Wh ile said thank yo u tor yo•Jr pa ssio n.
Mayor Wo odward said th ank you .
Ma yo r Woodward sa id is there any furth er t:hsc ussion or can we call the question ? •
•
Englewood City Council
October 6, 2008
Page 23
Council Member Mccas li n sa id I seconded 11.
Coun ci l Member Jefferson sa id I'm sorry , what was the quest ;M on th e table ? Ass istant City Attorney Re id
repl ied ... to table . Mr . Jefferson said to table , thank you . M sis:ant City Attorney Re id sa id and Bob se conded
Mayor Woodward sa id okay , so we are vot ing on 'lo table '.
Council Member Jefferson sa id can we have a little more commentary or have we called for the vote already . It
doesn 't seem , you kno•.v, just from hearing from her that they are willing to have an open conversation about
the ir po,icy and that be ing said, then I'm not sure that tabling it is go ing to do what Council Member Moore , I
th ink , initially wanted .
Council Member Moore sa id if I may Joe , to me It just changes the dynam ic. I really apprec iate Swed ish 's input
here . I think it is clear that any solution that may be found is going to be between us and the citizens . I th ink
Ms . White has made their pos iti on clear that the interior of their property is not up for discuss ion . So , I am still
support ing tabling , because with the residents hav ing heard Swed ish 's position ... is th,,re a next best thing that
we can do for the oeighborhood or are we just go ing to end it ton ight with they're not will ing to work with us and
there is nothing mo re we can do . So that is why , I am just not willi ng to take anything off the table ... I want lo put
things on the table . I am just not willing to rule anything out , because I don 't know wha t...l am not willing to
concede right now that the answer is to tall those residents there ... sorry but you are forced to deal with it.
Council Member Jefferson said I think that Is what the majority of the people in the neighborhoods there are
asking us to do, is to vote no on these proposals .
• Council Memt<?r Moore said t~ey are hoping that Swedish will. .. they , like me, we re hop ing that there wou ld be a
solutio n we would find with Swedish . And I think , part of what I wanted tonight was to find out if the message
was what I th ou ght it was , which it appears to be , which is a compromise is not going be found with Swedish in
terms of their own ... Their desire for the smoke -free campus is a higher issue for them than the local issues . It's
where it falls ... not to speak for them ... but I think ii is clear that is where it falls in terms of the importan :e. So I
am st ill left with , we have residents coming to us saying the way things stand today doesn 't work .
Counc il Member Jefferson sa id I think by voting no on one of these ordi nances though , we can put that
information out there that people can smoke in front of tha sidewalk , in front of the hospita l. And that we can
maybe contain part of the problem in theh yard rather than the ne ighbor's yard .
Council Member Moore said that is the,. ,y the law Is today so I don 't see how tabling changes that.
Coun cil Member Jefferson said because they know that we have got an ordinance on our table that the Counc il
is cons idering and that , I'm sure , is what Swedi , his tellin g their patients and the neighbors , saying this is where
it is go ing to be . You know . I mean, I think that ,s powerful and you know , putt ing that information out to the
public saying , no , we are not go ing to support bann ing that , I think gives them some amm o to put that
informati on out there to fight that.
c;ou11 cil Member Penn sa id I agree with Joe . We have got to give them a message and I know we like to be
good ne ighbors to Swedish , as they have done tremendous things for us , but if we say no , I truly believe that we
can still come back , John , and discuss further matters . But I think it allows the neighborhood to say , you know
that is not true , they can smoke on their own side and I think that gives the ne ighbors at least something to get
the people back across the street. And then, I don '! have a problem with bringing ii back up , Darren or whoever,
could bring it back up and give us some differen t attitudes about what is going on here . I would be will ing to
listen ... but right now , I think we say no and keep the people ... and the re sidents can tell them to go back ac ross
• the street and smoke on the sidewalk .
Coun ci l Member Mccaslin sa id but then you are hav ing the res idents hav ing to enforce someth ing . I mean , so
the residents ... Several Coun ci l Members said th ey are already hav ing to 1o that. Mr . Mccaslin said okay and I
Englewood City Coun ci l
October 6, 2008
Page 24
agree with you, but I th ink we need to come up with someth ing . There has got to be other hospita ls in this
country , because it is a nation wide thing . It is not just Denver , it is not j ust Englewood, it ls a nation wide policy
that is happening .
Council Member Penn said we ca n always come back and talk about that la ter Bob.
May or Woodward said as Randy says , we can come back to that.
Council Member Mccaslin sa id that is why we are tabl ing ii now so we can maybe sit dow n with Swedish and
say , okay , let's ge t to the table and let's come up with something .
Council Member Jefferson said what we are tabl ing are these ordinances . Right?
Council Member Moore sa id I would like to ask the City Attorney a question . He said if we go to a vote on an
ord inance and do not J:ass II, Is th ere any restrictions on the timeframe or any other requirements before it can
be brought back before Council? Does it need to be .. does it have to sit out for any period of time? Does it
have to be changed before we vote on it again? Assistant City Attorney Rei d si,id to give you a very accurate
answer , I will have to look into that , but to the best of my knowledg e, th ere is not a i,articul ar limeframe before
you can bring it up again .
Council Member Moore said okay , I just wam to make sure tha t what we were say ing was true , that if we vote
on it tonight , we still have the full rang e of freecQm . I th ink it is ti me to move forward on the vote . In the end , all
the options are still going to be available . This is all about the nu ance .
Council Member Jeffers on said I agree . So we are voting on to table?
Mayor Woodward , " we are votin g on ta bling Council BIii No . 66 which was the 200 feet. So please vote .
Vote results :
Ayes : Counc il Members Mccaslin , Moore
Nays : Counc il Members Penn , Woodward , Jefferson , Wilson , Oakley
Motion defeate d.
Council Member Moore said since we wi ll be proceeding to a vote ca n I make a motion to amend my own
motion?
Assistant City Atto rney Reid said that woul d sound like a friendly amendment to me .
Council Member Moo re sai d in listening to Council , in terms of what I think Council wa nts ... what the ma jority of
Counci l would like to accomplish to night, I would think we should be voling on Co uncil Bill No . 66 in the first
version where it just deals with the sidewalk immed iately outs ide of the vicinity , so that Counc il's message is not
muddied by whether it was just 200 foot part of this that caused the prob lem s. So if it is a friendly amendment ,
we don 't have to vote on that cha ng e? Ms . Reid said no , if your second agrees with ii . Mr . Moore said okay, so
if the second agrees with me , lets vote on Council Bill No . 66 with th e first version where it just talked about the
sidewalk Im media tel y outsi de of the fac ility .
COUNCIL MEMBER MOORE OFFERED A FRIENDLY AMENDMENT TO HIS ORIGINAL MOTION TO
APPROVE COUNCIL BILL NO . 66 · THE ADJACENT SIDEWALK VFRSION .
CO UNCI L BILL NO . 66 , INTROD UCED BY COUNCIL MEMBER MOORE
•
•
A BILL FOR AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 OF THE ENGLEWOOD MUNICIPAL CODE •
2000 , BY TH E ADDITION OF A NEW SECTION 8, ENTITLED "SMOKING OUTDOORS ON PUBLIC RIGHT S-
OF -WAY ADJOINING CERTAIN MEDI CA L HOSPITALS '.
•
•
•
Englewood City Council
October 6, 2008
Pag e 25
Mayo r Woodward sa id and that was Bob who seconded It. Counc il Member Mccaslin accepted the friendly
amendment.
Counci l Me mb er Oakley sai d okay , we have got to understand exactly .. If we vote yes th en we are going to
app ro ve this . A coupl e of council members said yes . Mr . Oa kley sa id okay .
Assista nt City Attorn ey Reid sai d and it wo uld be the one labeled , the first In your pack et. the one label ed
Council Bill No . 66 , Adja ce nt Sid ewalk .
Mayor Woodward asked if there was any discussion .
Mayor Woodward said for me , it do es no t take away the ri ght-of-ways Issue . I wi ll be votln o no on lh ls . There Is
a part of this on Gira rd tha t both sides or the street are cov ered. It goes all the way over •o I i~<,:lo so I'm sorry ,
I can 't support this .
Council Member Moore said I will also be voti ng no on this to sen d the message tha t. . w,t~ t· s\otement that I
am not happy about th is problem being pushed on to the residents . I hope we can find so me r.,;ng more
to lerab le. None of the solutions in front of us tonight seem to be it . So , I also will be voting no .
Council Member Mcc aslin sa id I agree .
Mayor Woodward as ked if there was any further disc us sion . There was non e.
Vote results :
Ayes :
Na ys :
Motio n was defe ate d.
None
Council Members Penn , Mccaslin , Moore, Woodwa,d, ,letterson ,
Wilson , Oakley
(vi i) Deputy Chief of Pol ice Collins presented a reco mmendat ion from th e Police
Depart ment to adopt a bill for an ord inance authorizing an Intergovern men tal Agreement betwee n th e Police
Department and the Internet Crimes Against Children Regional Tas k Fo rce . Th is bill was brou ght up to Council
last yea r. It is a multi -jurisdictional Tas k Force ... be it Federal , State and local ent ities . It's sole purpo se Is to
investig ate and prosecute the sexual exploitation of children . Th e Police Department has reaped som e very
si gn ific ant rewards from our participation in this . Last yea r's ord inan ce had an ex piration date and tha t has
since expired and so we are now br in ging this forward aga in. This will cont inue until terminated per th e
provi sion s of the IG A. So, hop efull y this will be the last time I hav e to br ing th is up .
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (vii) -COUNCIL BILL NO . 70.
COUNCIL BILL NO . 70 , INT RODUC ED BY COUNCIL MEMBER PENN
A BILL FOR AN ORDINANCE EXTENDING AND AU TH OR IZING THE EXECU,ION OF AN
"INTERG OV ERNM ENT AL AGREEMENT FOR THE INTE RNET CRIMES AGP ,IN ST CHILDREN REGIONAL
TASK FORCE " BETWEEN TH E CITY OF COLORADO SPRIN GS AND MEMBER PART IES IN CL UDING THE
CITY OF ENGLEWOOD , CO LORAD O.
Mayor Woodward ask ed if th ere was an y discussio n. There was non e.
Vote results :
Ayes :
Nays :
Motion car ried .
Counci l Members Penn , Mccaslin , Moore, Woodward. Jefferson ,
Wilson , Oakley
None
Englewood City Co uncil
October 6, 2008
Page 26
(vii i) Housin g Finance Specialist Grimmeu presented a recommendation from lhe
Community Oevelopmenl Department lo adopl a bill for an ord inance autho rizi ng the execution of a Matching
Grant Applicat ion In the amount or SS .000 and agreement for the 2008 Governor's Energy Office Insul ate
Colorado Program for ex isting home s. She said this April the State had funded 43 program s, around the state
itsel f, as a matc hi ng grant program to enco urage homeown ers to properly insulate their homes . including
ce iling s and walls . It was such a popular program that there was a second round that was iss ued in Jun e and it
was asking ad ditional ci tie s and counties and utilities to continue to participate . The Governor 's En ergy Office
works closely with the installation of insulation in these Colorado homes and is requesting that pa rt nering
communities match their grants so that rebates can be offered to the homeowners within those communities .
The matching grants would be 20% of th e cost of the insulation. provided it is done by an approved insula tion
con tractor and up to the standards of the energy code or ii would be up to a max imum $300 .00 rebate . The
match that we are request ing at th is date is $5000 .00 and that money will be matched with monies out or the
Community De velopment Department. Th e staff of the Community De velop ment Department wi ll administer this
program and ii will be immediately implemented upon the approva l of the ordinance with the Slate . So .
hopefully this program will be going into effect in November. Any ques tions?
Mayor Woodward sa id I have one . Is there a list that's go ing to be made available of the el igible insulalior-
contractors? Ms . Grimmett replied yes . This list is provided by the State and it would be part or the information
that wou ld be given to the individual homeowners . I anticipate it would be information that they would be able to
download from our website . Mayor Woodward said okay . Thank you .
Mayor Woodward asked if there were any other questions . Th ere were none .
COUNCIL MEMBER WILSON MOVED , AND CO!JNCI~ MEMBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (viii) -COUNCIL B1LL NO. 71 .
COUNCIL BILL NO . 71, INTROD UCED BY COUNCIL MEM!!ER WILSON
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD , COLORADO, AND THE STATE OF COLORADO, AUTHORIZING THE EXECUTION
OF THE MATCHING GRANT APPLICATION AND AGREEMENT FOR THE 2008 INSULATE COLORADO
PROGRAM FOR EXISTING HOMES .
Mayor Woodward asked if there was any discussion .
Mayor Woodward said hopefully we are able to get th is on th e internet and advertising th is, as there isn 't much
lime left . but th is could be of val ue to the citizens right now with some break in the cost of ,n ,;i,lal ing , which is
considered , as far as energy savings , a low hang ing fru it. So. hopefully th is passes .
Mayor Woodward said if there is no other discussion , please vote .
Vole results :
Motion carried .
Ayes : Coun cil Members Penn . Mccaslin. Moo re. Woodward, Jefferso n,
Wilson . Oakley
Nays : Non e
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 38 , as amended , amending the Un ified Development Code relat ing to
board ing or room ing houses was considered .
COUNCIL MEMBER MOORE MOVED , AND COUNC I~ MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 l b) (I). ORD INANCE NO . 55 , SERIES OF 2008 .
•
•
•
•
Englew oC'd City Council
October 6, 2008
Page 27
ORDINANCE NO . 55, SERIES OF 2008 (COUNC IL BILL NO . 38, INTR ODUCED BY COU NCIL MEMBE R
MOORE )
AN ORD IN ANCE AM ENDIN G TITLE 16 , CHAPT ERS 5, 6 AND 11, OF THE ENGLEWOOD MUNICIPAL CO!:'~
2000 RELA TING TO BOA RDING OR ROOMIN G HO USES IN TH E CITY OF ENGLEWOOD , COLORADO .
As •,istant City Allorne y Re id said , jus l for clarificat ion ... the Ord inance , as amended , was prope rly poste d and
r,L .. .is hed . The ve rs io n that was in the Coun ci l packets was inad vertentl y the original. .. on first reading , beiorn it
was amended . Howev er, it was published correctly as amen ded and Council now has the amended vers !on .
Mayor Woodward aske d if there were any comments .
Council Member Oa kley sa id I havs so me dis cu ssio n. In rel atio n to the attorney , Mr . Kuhn , I would like to ask
the Atlorn ey·s opin io n on what was sai d in this lette r abou t... I re ad that... in paragraph 3, under 16-5 -2.. How
many of you ha ve had ques tio ns about th is letler, other than me? Ms . Re id sa id 16-5-2? Mr . Oa kley said I arn
trying to seo on here where it states .. Ms . Re id said I'm so rry , I don 't have a co py of the letler. Mr. Oa kley sai d
oh , you don 't? Ms . Re id sa id no. I thi nk that was in your mailbox , I di dn 't get a co py of that. There was
disc uss ion re garding how Coun cil received the letle r. Mayor Woodward said I th ink it was in the Council
newsletter.
Assistant City Attorney Re id said may I ha ve a momen t? Som eone gave he r a cop y of •he letter. Ms . Re id said
and your question is? Council Memb er Oakley said they are saying if for som e reason !hey have not niet on e cf
th e requirements , that tt-ei r grandfathering wou ld be removed from them ... an d I can 't see that in th ere . If that is
the case , I would like to know about it .
• Assi stant City Allorney Re id ~aid what the gra ndfathering provision of seclion 6 says ... it gives th ree cr iteria and
whoeve r is applying to be grandfat here d in as an ex isting boardin g or rooming house , must co mply wit h those
lhree things . They have 60 day~ to do that and to get a final ins pection by the City , or fina l
app roval. .. dependie1 on if it is Bu ilding or Zoniog . The Co un cil seemed to think that that was a reason abl e
amount of time fr . 1one to get tho! e things don e.
Council Member O.:i · • 1 said o~ey ... I ,,n de rstand tha t... ~ut does their lawy er say anything ab out timefram e in
there? He j ust sa id, as I read it, that if th ere was som ething wrong that th ey wo ul d lose their gra ndfatheri ng .
And I don't thi nk thal W'.001 our intent. Ms . Re id said he says it sets forth , esse nt ially , the same unreasonable
requirements that wert. r;i;;.ted in th e prio r versio n. That's an opinio n about whether or ne,t they were
unrea so nabl e. Mr. Oakley said okay , alr igl 1t. Ms . Reid sa id it suggests if any per'llits or licenses re qu ired for
the prope rty or structures are insuffi cien t for any reason , the appl ica nt will be den ied grandfathering under the
ordinance . We ll , if lh ey are insufficien t. .. all that this ord inance would be req uiri ng them to do is to comply wi th
th e ord inances as they exist. Mr. Oa kley sai d that is my point. Ms . Re id said as th ey should ha ve been doing
all along . It gives lhe m 60 days if they are rem iss on anylhing that they haven 't previ ously been requ ired to
do ... it gives the m 60 days to ering it up to snuff , to be com pli ant with lhe regular .. Mr. Oakley said okay , I j usl
did n't want th em to say thal we 8re imm ed iately deny ing them grandfalhering .
Mayor Woodward said I wanted to clarify in my own mind ... I don 't feel that I am going to be threatene d by an
attorney on som eth ing like that. It is pretty clear. .. I 11 :ink wha ,... Council Member Oakley said I ce rta inl y wasn 'I
threatened , I just wanted cl arification . Mr . Woodward said yes ... I th ink that it is very impo rt an t ... some of these
th ings like fin al inspecti on or ins pectio ns on permitting ... t~at sort of thing ... for the safet y of e, •ry body
th ere ... has been approved .
Mayor Woodwa rd aske d if there we re any other comme nts . The re were none .
• Vote results :
Ayes. Counci l IAembers Penn . Mccaslin. Moo re , Woodward , Jefferson ,
Wilson , Oakley
Englewood Clt1· Council
October 6, 2008
Page 28
Nays : No ne
Mot io n ca rried .
(Ii ) Council Bi!I No . 67 , an emergency ord inance aut l,orizi ng and approving the issuance of
Private /lct ivi ty Bonds for capital improvements at various Boy Scouts of 1\me rica sites was considered .
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (II)· ORDINANCE NO . 56, SERIES OF 2008 .
ORDINANCE NO . 56 , SERIES OF 2008 (COUNCIL BILL NO , 67 , INTRODUCED BY COUNCIL MEMBER
OAKLEY)
AN EMERGENCY O~DINANCE AUTHORIZING THE ISSU ANCE AND SALE BY THE CITY OF
ENGLEWOOD , COLORAD O OF A f<EVENUE BOND (DENVER AREA COUNC .. BOY SCOUTS OF
AMERICA PROJECT) SERIES 2008 IN AN AGGREGATE PRIN (;IP AL AMOUNT NOT TO EXCEED
$7 ,000 ,000 FOR THE PURPOSE OF FINANCING CERTAIN FACILITIES AND IMPROVEMENTS;
APPROVING A RELAT:D FINAMCING AGREEMENT AND A BOND TO BE ISSUED THEREUNDER AND
AUTHORIZING THE EXECUTION OF SUCH FINANCING AGREEMENT . BOND AND OTHER RELATED
DOCUMENTS ; MAKING FINDINGS AND DETERM INATION :. '\I ITH RESPECT TO SUCH FINANCING AND
THE BOND ; AND REPEALING ALL ACTION HERETOFORE TA KEN IN CONFLICT HEREWITH AND
DECLARING AN EMERGENCY .
Mayor Woodward asked if there wc.s an) discuss io n. There was nonP .
Vote results:
Ayes:
Na ys:
Motion carried .
Council Members Penn , Mccaslin . Moore , Woodward , Jefferson ,
Wilson , Oakley
None
'c) Resolution s and MQtlons
(i) Director Gryglew icz presented a recommendation frc.m th e Dep a11ment of Finance and
Ad min istrative Services to adopt a resolut ion approving the transfer of S75 ,000 .00 from the General Fund to the
Publ ic lmprov&ment Fund for improvemcn :s to the par king lot at Broken Tee Englewood Golf Course . He said ,
just a little bit of bac•ground on this . Back in 2007 , at the Budget Retreat . Council approved a $1 .5
mlllion ... what th ey called . at the time , Bridge Funds . i:!ut because 2007 revenues were better than expected ,
tha t money wasn 't needed . so Council moved a million dollars Into the LTAR Funds ... Long Term Asset
Reserve .. and $500 ,000 .00 went into the unreserved , undes ig nated ... with the understand ing that the Golf
Course may need some of that mon ey to complete som e proj ects . Earl ier th is year. Coun ci l approved the
transfer of S220 ,000 .00 and this is a tran sfe r of $7 5,000 .00 and that will be done to ovetla y the pa rk ing lot at
Brok en Tee Golf Course .
COUNCIL !i/lEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENL;A ITEM 11 (c) (I) -RESOLIJTION NO . 72, SERIES OF 2008.
Rf SOLUTION NO . 72 , SERIES OF WOB
A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THF. PUBLIC IMPROVEMENT
FUND FOR GO LF GO UR SE EXPENDITURES .
Mayor Woodward asked if the re was an y disc uss itm .
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Englewood City Council
Octobe r 6 , 2008
Page 29
Council ~~ember Penn said Frank , th is is only the ove rla y ... it doesn 't include all the new add itional parking we
are going to put over th ere . Director Gryglewicz sa id th is is Just the overla y. I :,now that Rick and Jerrell are
both here ... but it is ju st th e overlay. Mr. Pen n sa id thank you .
Mayo r Woodward asked if th ere was an y further discussion . Th ere was none .
Vote results :
Ayes : Council Members Penn. Mccaslin. Moore. Woodward , Jefferson .
W il son . Oa kle y
Nays: None
Motion carried .
(ii) Director Fonda presented a recommendation from th e Utilitie s Department to approve.
by motion . an award of the West Un ion Avenue Pipe Reha bilitation Project to the on ly resp onsive bidder,
lnsituform Tech , in the amount of M 14 .100.00. He said the 16 inch wa ter main at West Un ion is in bad
conditioo . II is a quarter inch steel pipe and we have had to re pair it numerous times . We put our a
performance spec to do no -dig technology, since there is no • e in the street that you could possibly put
another line . We had 5 bidd ers, but on ly one actuall y birl aform . I th ink the other bidders realized they
couldn't compete w ith ln situform on the ir process . The •"·• in with a bid of $414 ,100 00 and I believe we had
budgeted $500 ,000.00 . We recommend doing th is work since th is is suc h a critical main . If ii really blew we
would be In a diffi cult position .
COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (ct (11)-AN AW!<RD OF THE WEST UNION AVENUE PIPE REHABILITATION PROJECT
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TO THE ONLY RESPONSIVE Blf,DER, INSIT'. •rORM TECH, IN THE AMOUNT OF $414,100.00 .
Mayor Woodward asked if there was any ~iscussion . There was non e.
Vote results :
Ayes: Counci l Members Penn . W· .::ash ,· Moore, Woodward . Jefferson .
W ilson , Oa kley
Na ys: Non€:
Mo ti on carried .
(iii) Engineering /Cap.ta! Projects Administrator Henderson prese nted a recommendation
from the Department of Public Work s to approve, by m otion , constructio n-related co ntracts for the br idge over
the Platte River at Oxford Avenue at a total estimated construction cost of $726 ,833 .83 . He said th is bridge will
be located approxi mately 450 feet north of Oxford on City of Eng lewood Gol f Course property . II will be about
100 fe et south of the existing pedestrian bridge that links the front and toe bac k of the Golf Course . Presently.
ou r Golf Course bridge not only handles th e Golf Course traffic with carts and maintenance ve hicles and
golfers ... bu t it also shares with the Plalle River Tra il System ... th e Mary Carter Greenway . Th is new bridg e wi ll
separate these uses, so that th e trail users will have th eir ow n bridge . It wi ll be co nstructed in 3 sections. The
total spans about 220 feet. The proj ect also includes about 300 feet of new concre te path . And it also will
construct a roundabout . where all the different use rs wlll merge. W e applied for Federal Fu nd s back in 2003
and the project scored very well due to the safety issu es and due to th e large amount of traffic on th e trail
system to · th e Platte River. The tota l esti mated cost for the project for cons tru ction is S727 ,000.00
approxi mately. Federal Funds will cover 70% of th e cost. Pe r our Deve lopment Agreement with Mill er
Weingarten , they w ill cover 20% of the cost. T he rem ain in~ 10 % is the En~lewood match. Due to the efforts of
Community Development, they have obtained a grant from Arapahoe County that was approved earl ier tonight
and that will cover that remainin g 1C 1/o. So, ton igh :'•; motion will award a construction contract to the low
bidder ... Goodland Construction and it will award a professiona l se rvices contract with our design engineer,
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Hartwig and Associates . Construction wou ld start in November and be completed in the Spring of 2009. So , we
ask for Council's concurrence to award this and I would be happy to answer any questions.
Englewood City Council
Octob • • 6, 2008
Page 30
Mayor Woodward said Dave, I have a question on the bid tabulation sheet. The "DBE Goal '/, ... what is lho !r
Mr. Hend ers on sa id that is, I believe , the under-util ized Disad vantaged Busio •Jss Enterprise Goal . When you
use Fede ra l money , they require that you utilize a certain percentage of DBE contractors . In th is case it is 7%
or maybe 7.5% ... one is 7 and the olhAr is 7.5. And the contractors met ii. That has to be cert ified at CDOT .
before they will ,.;anew ·.•.1 ith an ai.,1.'~1u . M~vor Woodward said okay , thank you . Mr. Henderson said you are
we lco me .
Counc il Member Penn sa id Dave, are there going lo be roundabouts on both siJes? And kind of give me an
idea of how that is going to work ... golf traffic , bike traffic , walking . Mr. Hend erso n said it is onl y on the east
side . As the trails cJming up the east side , if you am south bound ... you will hit !h t! roundabout , bas ically , in
front of the existing bridge . It give s the option for the golfers to go ac ross there and th e trail users to continue
through the rounda bou t and go south about 100 feet to the new bridge . There will be a lot of signage that will
help direct people and it will slow them down .
Mayor Woodward asked if there were any other quest ion s for Dave . There were none .
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
AG~NDA ITEM 11 (c) (Ill) -CONSTRUCTION-RELATED CONTRACTS FOR THE BRIDGE OVER THE
PLATTE RIVER AT OXFORD AVENUE AT A TOTAL ESTIMATED CONSTRUCTION COST OF $726 ,833 .83.
Mayor Woodward ask,.d if there any comments .
Council Member Oakley ii is certainly a really big price for us . There was laughter. Mayor Woodward said it
truly Is . There is a lot of work that has gone into this for a IJI of years and this is called leveraging our funds .
Great work .
Vote resu 1ts :
Mot ion carr ied .
Ayes : Council Members Pen n, Mccaslin , Moore , Wo,dward , Jefferson ,
Wilson , Oakley
Nays : None
(iv) Enginee ri ng/Capita l Projects Adm inistra tor Henderson presented a re commenda tion
from the Departmenl of Public Works to approve , by motion , cons tructio n-relate d co ntra cts for the Br idge over
the Platte River at Dartmouth Avenue at a total estimated co nstruction cost of $785,838 .34 . He said this mot ion
will sound very similar to the last one . It has always been staffs Intentio n to award both of these projects at the
same time to take advantage of the economy of scale . And , fortunately, CDOT has given their blessing to
award these . So , I am here tonight to present a motion to award th e construct ion of the Br idge over the Platte
River al Dartmouth Avenue . This bridge will be placed about 150 feet south of Dartmouth Avenue . It will be a
two span bridge , about 173 feet in length and the project will include about 400 feet of e:ther new or
reco nstru cted trail. Some reta ining walls will be requi red on the west side of the bricge where we tie into th e
Platte River Trail System . Th is will create a safe and convenient link for the Litt le Dry Creek Trail System to
connect to Mary Carter Greenway . The ex isting link requ ires people crossing the Dartmouth Avenue roadway
br idge ... ii has a narrow sidewalk and this will help tremendously . We applie~ for Federal Funds for this project
in 2005 . It was apparent from our sell-assessment on our scori ng , that th is project was not going to score qu ite
as well as the Golf Course Br idge , mainly du e to the lowe r vol ume . It is on the Little Dry Creek Trail System .
So , Community Development , in an effort to win Federal Funding , recommended we overmatch the project.
Which we did and the project was approved DP.COG In 2006 . So , the total cost of th is bridge is approx imatel y
S786 ,000 .00 . Federal Funds will cover 50 % of that cost. Other grants that we have rer.eived from Arapahoe
County and GOCO , will cover about 25%, wh ich leaves 25% rema ining and those funds are going to come from
Open Space Shareback Funds . So , tonight 's motion would approve awarding the const ru ctio n contra ct to the
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low bidder of Goodland Cons :ruc tion and a Professional Services Agreement with Hartwig and Associates . We •
have also included a 5% con tingency for unforeseen conditions . Construction will be on the same schedule as
the other bridge ... with start ing in No vember and be ing comple te next Spring . We ask for your concurren ce and
I will b~ nappy to answer any questions .
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Englewood City Council
October 6, 2008
Page 31
~.ayor Woodward asked if there were any questions .
Council Member Mccaslin said is that the schedule ... for November to next spring ... for both projects? Mr .
Henderson sa id it is ... they will run concurrently . Mr. Mccaslin said thank you .
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (Iv). CONSTRUCTION-RELATED CONTRACTS FOR THE BRIDGE OVER THE
PLATTE RIVER AT DARTMOUTH AVENUE AT A TOTAL ESTIMATED CONSTRUCTION COST OF
$785,838.34.
Mayor Woodward asked if there was any discussion .
Council Member Penn said again ... it is a great price .
Mayor Woodward said I just want to mention how important I thin1, this bridge is . And the Legacy Grant from the
South Platte working group was the last little piece that I tl·;nk hel ped us along there . But this provide s for
connectivity from Mary Carte r Greenway to CityCenter, to li ght ra il , to a big part of Englewood . And in a safe
manner for bicyclists , walkers , joggers , etc . I am really happy that ,•e are at this po int with this one . Again ,
great leverage of City h•ods .
Mayor Woodward asked if there were any other comments . There we ,·e none .
Vote results:
Motion carried .
Ayes :
Nays :
Council Members Penn, Mccaslin , Moore , Woodward , Jefferson ,
Wil son, Oakley
None
(v) Eco nomic De ve lopment Coordinator Hollingsworth presented a recommendation from
the Community Deve lopme nt Department to approve, by motion , the South Broadway Englewo od Business
Im proveme nt Di strict Operating Plan and Prop osed 2009 Budget. He said in accordance with State Statutes ,
the District filed its Operating Plan and Budg et for 2009 . This evening they are se ek ing approval of that by
motion . Since the inception of the BID in 2006 , merchants in the District have worked diligently to accompl ish a
numbe r of goals ... including undertaking va rious marketing and imag ing campaigns for the downtown
improvements . That conclu des my comments . I would be happy to answer any q,· stions you might ha ve
about the packet before you . Thank you .
Mayor Woodward said are there any questions for Darren ?
Council Member Penn said I just want to comment. Darren, I know we have worked on thi s before, but I would
really like to get wi th you and possibly Gary and try to , , th1> merchants south of 285 to get more involved with
this BID program . It seems li ke they are somewhat left out of the loop . I know they have been invited , but I
think we need to venture back there again and try to get the merchants south of 285 int o this program and
supporting th is program .
Council Member Mccaslin said I would like to second that . because when BID came to us . it see med lik e it was
all north and I knew a coup le of the bu•,inesses up south ... and I wa s concerned that they were n't eve n
approached on the BID . So , I ,,•0Llld hope that you wo uld expand your horizons and go south . I also agree with
Mr. Penn on th at.
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Counc il Member Wilson said I would like to ma ke one co mment. Darren does a great job . He has guided them
well . so thank you .
Er.gl ewood City Coun cil
October 6, 2008
Page 32
Council Member Jefferson said just to respond to your gentleman 's comments . I feel like if the people south of
Hampden want to create their own BID , they are more tha n welcome lo. You know they don 't pay the sp ecial
assessmen t that folks no1th of Hampden do ,
Council Member Pen n sai d you know Joe , I realize that, but I think that eithe r they could get with the Sou\h
Broadway BID, or like I said , crea te the ir own .. , I don 't know wh y they couldn 't all work togethe r and pay ..
Co uncil Me mber Jefferson said I am just sayi ng that as of now , be cause they dcn 't pay the as ses smen t .. they
have to vote on that. .. they can 't just include them .
Cou nci l Member Pen n said all I am ask ing is that we look bac k into it and possi bly get t~,os e me rchants
invo lved ... on e way or th e other. Whether it be wi th the orig in al BID or creati ng thei r ow n BID .
Cou ncil Member Jeffe rson said okav I just wanted lo make sure that we were n't trying to extend the benefits
fro m the fo lks nort h th at are payi ng .. '.u the fo lks so uth, that are not pa yin g. Tha t's all I am tryi ng to poi nt out.
Co unci l Member Penn said no , no ... that's not what I want lo do. I am not ask ing for th at, nor did I as k for that.
Sure, Mr, Jeff erson sai d, ne ither am I. I am just tryi ng to clarify a po int made .
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (v) • THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DIST~ICT
OPERATING PLAN AND PROPOSED 2009 BUDGET.
Mayor Woodwa rd asked if there was any further discu ssion . Th ere was none ,
Vole res ult s:
Ayes :
Nays :
Motion ca rried .
12 . General Discussion
(a) Mayo r's Choice
Counci l Members Penn, Mccasli n, Moo re, Woodward, Jeffers on,
Wi lson , Oakley
No ne
(i) Mayor Woodward said I wo uld like to add ress Jess G0 ra rdi's req uest ... th at the parking
over near th e High School that is restricted residenti al parkin g only ... tha t ca Sa tu rday , Octob er 25'", from 8:00
a.m. to 2:00 p.m., that it is not enforce d. And the Colora do Bandmasters Association, as they ha ve st ated
here ... is willing to pay the cost of pri nt ing flyers fo r the homes in that area and pre -noti fy ing th em that during
tha t da te , the re wi ll a Eng lewood High Schoo l extracu rr icula r activity , in tha t are a, very , very close to th e High
Sc hool Stad ium . I know, and I have said on this Cou nci l for yea,s now .. , if tho se neigh bors we re just notifie d it
wo ul d make all the differe nce and it has ma de all the diff erenc e in the world , be caus e it gives th em the
opportun ity to park or get the ir comes up or wha tever , to protect their driveway s before all these cars come
wi th out not ice .
Cou nci l Mem be r Penn said can I add a frie ndly amendme nt to that . I would like to also add th at th ey place
some signs direc ting the m to ihe Eng lewood Hig h Schoo l parking area ,
MAYOR WOODWARD MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE THE
REQUE ST n :AT THE PARKING RESTRICTIONS AROUND ENGLEWOOD HIGH SCHOOL BE RESCINDED
ON OCTOBER 251" FROM 8 :00 A.M. TO 2:00 P.M., THAT THE COLORADO BANDMASTERS
ASSOCIAT ION WILL PAY TH E COST OF PRINTING FLYERS FOR THE HOMES IN Th A:' AREA AND WILL
PRE -NOTI FY THEM THAT ON THAT DATE TH ERE WIL L BE AN ENGLEWOOD HIGH SCHOOL
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EXTRACURRICULAR ACTIVITY, IN THAT AREA , VERY , VERY CLO SE TO THE HIGH SCHOOL STADIUM •
AND THEY WII.L PLACE SOME SIGNS DIREC '/,NG PEOPLE TO THE ENGLEW'JOD HIGH SCHOOL
PARK ING AREA,
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Englowood City Council
October 6, 2008
Page 3?
Ma yor \t\ioodwHrd as ked if there \'las any discussiJn . There was none .
VNo re •ults:
Motion oarri ~d.
Ayes · Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
W,lson , Oakley
Nays: None
(i i) Mayor Woodoverd said , as we discussed at the Budg et Retreat an rJ at Study
:let "on .. 'NP 'lave actuall y di:;cussed ii a number of times .. , the Resolution supporting the Eng lewood Cultural
Ans C .. ,,te· and En9Iewood u ,uan Renewal Authori ty .. ,for the Englewood Cu ltural Arts C'enler Association , a
private , non profit corporation , to bu ild th is Cultural Center on Urban Renewal Aut hority property at Acoma
Street an ,; also provide for the parking . This was in you r packet and there has been o,1e mir • change ... which
corrected the name lo read the Eng lewood Cultural Arts Assoc iation , So , I am ask ing for a motion to appro ve
th is ResolUl ll "·
[Clerk's note: This was listed on the Agenda as Item 12 (a) (l).J
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROV E
RESOLUTION NO. 73, SERIES OF 2008.
RESOLUTION NO. 73 , SERIES OF 2008
A RESOLUTION IN SUPPORT O F THE ENGLEWOOD CU LTURAL ARTS CENTER.
• Ma yor Woodward asked if there any discussion.
Council Member Oakley said yes your honor, I woulo like something amended , In section 3, wh are ii says
·currently $197 ,500.00", I would like it to read "in the amount of $197,500 .00". Currently implies that there may
be more men : available and I don 't th ink that's the ca se .
Assistant City Atto rney Re id said so you want ii to re ac · 1currently in the amount of $197 ,500.00; ? Council
Member Oakley sa id that's correct.
Council Member Moore sa id I'm sorry , that's not wha t I heard yo u say Wayne , Did I misunderstand ? You did
not like the word currently in there? Council Member Oakley said right , I want in the amount of instead of
currently. Ass is tant City Attorney Re id said oh , ins tead of. Council Member Oakley said I'm so rry , I
didn't...Mayor Woodward sa id so delete the word "currently" and in its place put "in the amount or.
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER MOOR E SECONDED, TO AMEND
RESOLUTION NO , 73 , SERIES OF 2008 -SECTION 3 TO DELETE THE WORD "CURRENTLY" AND IN ITS
PLACE PUT "IN THE AMOUNT OF".
Mayor Woodward as ked if th ere any discussion on Wayne's amendmen t. There was none .
Vote results:
Ayes: Council Members Penn , Mccaslin, Moore , Woodward , Jefferson,
,I son , Oakley
Na ys : None
Motion carried .
• Mayor Woodward asked if th ere was any furt her disc uss ion on the amended resolution . There was non e.
Vote results :
Ayes · Council Members Penn , McCas hn , Moore , Wood ward , Jefferson ,
Englewood City Council
October 6, 2008
Pag e 34
Wilson , Oakley
Nays : None
Motion carried .
(iii) Mayor Woodward said I want to just mention at least one thing in regard to the Publi c
Hearing tonight. I think what Ji ll had moved to do , was aga in to be more transparent. To the possibility that a
part of the commun ity was unawara ... allhough all of the legal qual ifica tions were made for us to go through and
approve this ton igh t. I think Jill felt , as we ll as others , that maybe there was a certain group that needed to
really be notified and two weeks wasn 't going lo make that much of a difference . I commend you on that Jill .
(iv) Mayor Woodward said in regard lo Swedish and the sm oki ng ... the ordinance , I don 't
know where we go from here , but I th ink the community and the City are mayb e going to be working together .
know that ii will eliminate a certain part ... that is that Swedish can 't tell people to leave the sidewalk on the
Swedish side and go lo your side of the street. The y may be able to tell their employees . They may even be
able lo tell the ir contractors , I don 't know tha t. But, I'm sure that this one is n't over .
Council Member Oakley said they can tell them they can 't smoke on that side , but they can 't tell them they have
lo go across the street. Mayor Woodward said correct. Council Member Oakle y said I'm not so sure that th ey
can even tell them the y can't smoke on City property , but I gues s that's something to be decided .
(b) Co un cil Members ' Choice
(i) Council Member Penn said I hope that we continu e our dialogue with Swedish and I
hope it continues on to where ii a~peas~s the neighborhood and also appeases the citizens around there . I
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appreciate all of the great dialogue that we have had tonight. There was some great discussion and I hope that •
it continues . And we will see everybody in two weeks .
(ii) Counc il Member Mccaslin :
1. He said I'd also like to thank the res idents that showed up and presented their concerns . It just gives us
an ins igh t and know how close we have to work together to try lo resolve this witho ut just pi ece-m eali ng ii. I
think we can come up with something .
2. He said my wife, who 's the principal of Bis hop Ele mentary ... tonight Channel 7 came out and at 5:00
p.m., there was a piece about incorporating arts in th e curric ulum and its effect on learning and also its effect on
the state 's CSAP . It was a rea lly nice article . So , if you gel a cha nce to see ii, maybe they will show it
somewhere else . It is a really nice article on what Englewood schools are trying to do for the kids in Englewood
through art .
(iii ) Coun cil Member Moore said just a quick comment that despite allegations to the
contrary , I do make decisions that need to be made in th is ro om ... I make them In this room . My understand ing
of co nsen sus decis ions , as I stated last week , relate to mak ing decis ions about what we get to vote on in this
room and as was demonstrated ton ight , there are a lot of input and process . So , I guess I'm just repeating
myself fr om last week , but I hold to ii.
(iv) Council Member Oakley :
1. He said along those same lines , I think that wi th th e co nsent decis io ns and the recording we 're doing
now in th ose meetings , we are try ing to go in tha t direction . Sometimes we Just hav e to work out the prelimin ary
lhin:is , but they are voled on al th is table . Bui I certai nl y support record ings and I thin, we ought to have them .
2. He said to the people that sh owed up tonight about the smoking ordinance, I hope that th is will give you •
some re lie f and certainly if you see Swedish trying to force people across the street , then it's your prerogat ive to
do some thin g about that.
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Englewood City Council
October 6, 2008
Page 35
(v) Council Member Wilson sa id I jus t want to than~ the citizens that ca me about Swed ish .
I appre ci ate their input . It helps us ... or it helps me on Council.
(v i) Council Member Jefferson said I just want to second that. Derek , Teresa . Pete r thank
you for your input. It was helpful .
13. City Manager's Report
(a) City Manager Sears said I know the hour is late and I'm sorry to do this . Jerrell did stay here for
this and he was here earl ie r tonigat... he had another issue on the Agenda . Because of the holiday lighting
direction , I'm just going to ask Jerrell to say a couple of words . I know he wi ll be brief, but I kn ow he needs
some direct ion to move ah ead .
Director Black said I did want to give you a brief update . Our staff has been working with the BID downtown and
the BID has con,m itted $7 ,000 .00 to the ho li day lighting to match the funds that we have . I think this is a perfect
example of partnering with the different groups , different organ iz ations , fo r the betterment of the commun ity .
One th ing about the BID , they put the ir money where their mouth is at. They are committed to the bus inesses
downtown . They are comm itted to the co mmunity . I th ink you will see a substantial difference in the holiday
light ing this year . A lot of the cred it go es to the BID for that.
Council Member Jefferson sa id that is fantastic.
Council Member Oak ley said thank you Jerrell . I see nobody better for us to partner with than the BID . I'm
lo oki ng forward to th is .
• 14 , City Attorney's Report
Assistant City Attorney Reid did not have an y matters to bring before Co uncil.
The meeting a~journed at 10 :35 p,m .
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