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HomeMy WebLinkAbout2021 Ordinance No. 0301 BY AUTHORITY ORDINANCE NO. 30 COUNCIL BILL NO. 27 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE REPEALING EMERGENCY ORDINANCE NO. 10, SERIES OF 2020 CONCERNING THE CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY AND AUTHORIZING EXTENSION OF TEMPORARY PROVISIONS INTENDED TO RESPOND TO LINGERING EFFECTS OF COVID-19 WHEREAS, Englewood Municipal Charter §36 allows for repealing ordinances; WHEREAS, on March 10, 2020 Jared Polis, the Governor of the State of Colorado, declared a statewide emergency in response to coronavirus (COVID-19); WHEREAS, on March 18, 2020 the City Council of the City of Englewood in response to coronavirus (COVID-19) passed Ordinance No. 10, Series of 2020 declaring a public health emergency as authorized by Englewood Municipal Charter §41; WHEREAS, Ordinance No. 10, Series 2020 granted to the City Manager full power and authority to take certain actions and issue certain orders to protect the public health, safety, and welfare in the face of the coronavirus (COVID-19); WHEREAS, with the onset of widely available vaccines to combat coronavirus (COVID-19) the public health emergency has diminished across the country and within the boundaries of the City of Englewood; WHEREAS, with the reduced impacts of coronavirus (COVID-19), the City Council of the City of Englewood desires to repeal Emergency Ordinance No. 10; and WHEREAS, in order to address the lingering effects of COVID-19 on commercial enterprise and in-person events within the City of Englewood, the City Council of the City of Englewood desires to temporarily extend the provisions of various emergency orders and authority granted by Emergency Ordinance No. 10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. In accordance with Englewood Municipal Charter §36, the City Council of the City of Englewood, Colorado hereby finds that Ordinance No. 10, Series 2020 has fulfilled the need of protecting the public health, safety, and welfare. Section 2. Ordinance No. 10, Series 2020 is hereby repealed in full, and the powers granted to the City Manager by such ordinance is hereby dissolved, all in accordance with Englewood Municipal Charter, and the Laws of the State of Colorado. DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 2 Section 3. While the City of Englewood is no longer in a state of emergency such that an Emergency Ordinance is warranted, the City of Englewood hereby temporarily extends the following provisions of Emergency Ordinance No. 10 and/or Emergency Orders issued under the authority of Emergency Ordinance No. 10, Series of 2020: A. Electronic Participation. In order to ensure accessibility and participation by Council Members, City staff, and the public, the City of Englewood hereby extends Section 8 Emergency Ordinance No. 10, Series of 2020 as follows: 1. The City Council may meet in accordance with its duly approved electronic meeting policy. Despite any conflicts with the 2019 City of Englewood Council Policies, if a City Council member reasonably determines that their personal attendance at an in- person City Council meeting would not be prudent, such Council member may participate by telephone, video conferencing, or other electronic means to any Council meeting (“Electronic Participation”). Such Council member participating via telephone or other electronic means shall be deemed present for purposes of determining a quorum. The member of City Council may not participate nor vote in a quasi-judicial public hearing; however, the Council member may maintain the electronic connection and monitor and listen to the hearing. The member of City Council may participate and vote in legislative matters. Electronic Participation is also available to a City Council member during an executive session, upon assurance by the member that no other person is in their presence or can otherwise listen to the executive session as a result of the member’s Electronic Participation. The City Council may discontinue the use of Electronic Participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e.g., where the telephone connection or connection by other electronic means is repeatedly lost, the quality of the connection is unduly noisy or otherwise problematic to the conduct of the meeting, or the listening member is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. Whenever a City Council member is allowed to participate in a City Council meeting by Electronic Participation, the following additional rules shall be observed: a. All members of the City Council must be able to hear one another or otherwise communicate with one another, and be able to hear all discussion and testimony in a manner designed to provide maximum notice and participation; b. Members of the public present at the meeting location must be able hear all discussion, testimony, and votes; c. All votes held at the meeting shall be conducted by roll call; d. To the extent possible, full and timely notice shall be given to the public setting advising that one or more members of the City Council may participate in the meeting electronically; and e. Participation in a regular City Council meeting by Electronic Participation shall not be considered to be a “failure to attend” a regular DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 3 Council meeting for determining whether a vacancy in the office of the Mayor or a Council member has occurred. 2. Any official act or meeting required to be performed at any regular location of the City Council is valid when performed through Electronic Participationat any temporary location under this section. 3. The provisions of this section shall apply to all executive, legislative, and judicial branches, powers and functions conferred upon the City and its officers, employees, and authorized agents by the Colorado Constitution, Colorado Statutes, the City of Englewood Charter, and the City of Englewood Municipal Code. These provisions shall remain in full force and effect unless and until (a) City Council repeals this authority, through a motion to amend the 2019 City of Englewood Council Policies or otherwise; or (b) other applicable law prohibits the authority granted hereunder. B. Expanded Outdoor Seating. In order to respond to the lingering financial effects of COVID-19 on commercial enterprise, the City of Englewood hereby extends provisions of the City Manager Emergency Order issued in September 2020 related to the expansion of outdoor patio seating for restaurants within the City of Englewood. The City of Englewood hereby stays enforcement of the following Municipal Code provisions, if those provisions otherwise would bar the usage of privately-owned parking spots for outdoor seating: 1. Unified Development Code 16-5-5 Temporary Use and Structures; 2. Unified Development Code 16-6-4.E.1 Off-Street Parking and Loading Requirements; and 3. Unified Development Code 16-65-13.D.1 and D.2 Signs in the Public Right of Way. This subsection B does not authorize a stay on enforcement of Ordinance No. 46 Series 2008, Temporary Occupancy of the Public Right of Way for Street Furniture; or a stay on any required Fire Department Operational Permit. Ordinance No. 46 Series 2008 and any applicable Fire Department Operational Permit shall resume in full force and effect as of the effective date of this Ordinance. The stay on enforcement of the Unified Development Code as detailed above shall remain in full force and effect unless and until (a) City Council acts by legislation or motion to repeal or amend the stay authorized above or to adopt amendments to the Unified Development Code, or (b) other applicable law prohibits the authority granted hereunder. C. Outdoor Heating Elements. In order to respond to the lingering financial effects of COVID-19 on commercial enterprise and encourage continued patronage of restaurants and bar establishments, the City of Englewood hereby extends all provisions of the City Manager Emergency Order issued on October 23, 2020 related to use of outdoor heating elements within the City of Englewood. The City of Englewood hereby authorizes the placement and operation of outdoor heating elements (natural gas fire pits, propane hearing systems and electric heating systems) in commercial DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 4 settings, including restaurants and bar establishments, subject to the following requirements: 1. All outdoor propane heating devices shall comply with the following: a. Shut off valve either must be in a visible location or signage indicates the location; b. Ten feet of separation required from all combustible/flammable materials in all directions (may be reduced to five feet with Fire Marshall approval following review for noncombustible materials); c. Propane storage must be outside and in secured location; d. Propane heater susceptible to tip-over hazard must be secured and out of the path of egress; e. Comply with all other guidelines, listed in City of Englewood propane heater application. 2. All outdoor electric heating devices shall comply with the following: a. No extension cords permitted; b. Tip-over safety mechanism required; c. Equipment rated for outdoor or indoor use required; d. Multiple power strips cannot be interlinked/connected; e. Each power strip must be plugged into an outlet directly, must be UL listed and must have a breaker inside; f. Trip hazard: cords must have protection guard, rubber preferred; g. Conduit to outdoor plugs preferred; and h. Egress obstruction prohibited. 3. All Tents with heaters shall comply with the following: a. Tents utilizing propane heating devices only may be enclosed on two sides; and b. Tents utilizing electric heating devices that meet UL requirements may be enclosed on four sides. 4. The following additional requirements apply to outdoor heating elements authorized herein: a. No open fire pits are authorized, that utilize fuels not approved by the Fire Marshall’s office; b. No outdoor seating may block Fire Department or ADA access, and all outdoor seating shall be arranged to meet minimum egress standards; c. A portable fire extinguisher must be mounted or conspicuously located within 15 feet of the outdoor heating element; and DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 5 d. Final approval for outdoor heating element(s) contingent upon prior plan reviews and on-site inspection by the Fire Marshall’s office. Nothing herein shall authorize the open burning of combustible materials, such as wood. The authority granted in this subsection C shall remain in full force and effect unless and until (a) City Council acts by legislation or motion to repeal or amend the authorization granted herein, or (b) other applicable law prohibits the authority granted hereunder. D. Public Consumption Areas. In order to respond to the lingering financial effects of COVID-19 on commercial enterprise and encourage continued patronage of restaurants and bar establishments, the City of Englewood hereby extends all provisions of the City Manager Emergency Orders issued on June 26, 2020 and June 12, 2020 related to authorized public consumption areas within the City of Englewood. The City of Englewood hereby orders a temporary stay of Englewood Municipal Code 5- 3C-3(A), Unlawful to Possess Open Container of Intoxicating Liquor in Public, to authorize the consumption of alcoholic beverage on the designated public rights of way within certain described areas of the City (“Designated Zones”), purchased in a manner authorized by State law and in compliance with City requirements (“Drink Requirements”), and consumed by persons legally permitted to consume alcoholic beverage. 1. Designated Zones are only on public rights of way (and not privately- owned property or parking lots) and legally described as follows: Zone 1: Beginning at the intersection of West Eastman Avenue and South Broadway, then South on South Broadway to East Girard Avenue, then East on East Girard Avenue to the South Lincoln Street Alley, then South along the South Lincoln Street Alley to East Hampden Avenue, then West to South Broadway, then South on South Broadway to the on-ramp from South Broadway to Westbound Highway 285, then Northwest along Westbound Highway 285 to a point of intersection along a line extending from W. Hampden Avenue to the seating area on the West side of the Little Dry Creek Plaza Pond, then East along said line to the South Acoma Street alley, then North along the South Acoma Street alley to East Girard Avenue, then East to South Broadway, then North along South Broadway to South Floyd Avenue, then West on South Floyd Avenue to South Acoma Street, then North on South Acoma Street to West Eastman Avenue, then East on West Eastman Avenue to the point of beginning. Zone 2: Beginning at the Southwest corner of West Lehigh Avenue and South Broadway, then East on West Lehigh across South Broadway to the Southeast corner of East Lehigh Avenue and South Broadway, then South along the East side of South Broadway to the Northeast corner of East Radcliff Avenue, then West across South Broadway to the Northwest corner of West Radcliff, then North along the West side of South Broadway to the point of beginning, approximately six City blocks. DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 6 The authority granted in this subsection D shall remain in full force and effect unless and until (a) City Council acts by legislation or motion to repeal or amend the authorization granted herein, or (b) other applicable law prohibits the authority granted hereunder. Section 4. The following general provisions shall apply to interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Effect of Repeal on Emergency Orders. Except as specifically extended herein, all Emergency Orders issued under the authority granted by Emergency Ordinance No. 10, Series of 2020, shall be repealed as of the effective date of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of July, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of July, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of July, 2021. Read by Title and passed on final reading on the 19th day of July, 2021. Published by Title in the City’s official newspaper as Ordinance No. 30, Series of 2021, on the 22nd day of July, 2021. Published by title on the City’s official website beginning on the 21st day of July, 2021 for thirty (30) days. DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4 7 This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 30, Series of 2021. Stephanie Carlile DocuSign Envelope ID: EC47A755-1632-4509-A5CE-79FF2E6068F4