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Home My WebLink About2019-01-07 (Regular) Meeting MinutesEnglewood COLORADO MINUTES City Council Regular Meeting Monday, January 7, 2019 1000 Englewood Pkwy -Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:10 p.m. 2 Invocation The invocation was given by Council Member Barrentine. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Barrentine. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tern Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez (Council Member Martinez arrived at 7:38 p.m) Council Member Cheryl Wink COUNCIL ABSENT: STAFF PRESENT: None Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Director Sobota, Finance and Administrative Services Director Power, Community Development Director Brennan, Utilities Director D'Andrea, Public Works Acting Director Lee, Parks/Recreation and Library Engineering Manager Weller, Public Works Planning Manager Burkholder, Community Development Senior Facility Supervisor-Aquatics Anderson, Parks and Recreation Page 1 of 14 City Council Regular Planner II Vorboril, Community Development Planner II Sampson, Community Development Judge Jefferson, Municipal Court Court Administrator Wolfe, Municipal Court Technical Support Specialist II Munnell, Information Technology Deputy Police Chief Watson, Police Department Police Officer Martinez, Police Department 6 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 17, 2018. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 17, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of December 18, 2018. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES OF THE SPECIAL MEETING DECEMBER 18, 2018. For Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta Cheryl Wink X X 6 Against Abstained 0 0 Motion CARRIED. January 7, 2019 Page 2 of 14 City Council Regular January 7, 2019 6 Recognition of Scheduled Public Comment a) Keep Englewood Beautiful Committee was present to give out awards for the Holiday Lighting Contest. · 1st Place -5041 S. Elati, Ron & Melanie Kloewer 2nd Place -4635 S. Knox, the Walcott's -Mike, Megan, Maddy and Maycee 3rd Place -3301 W. Tufts, Nancy Foster Best New Entry -3301 W. Tufts, Nancy Foster Most Energy Efficient -4600 S. Sherman, David Lemay Honorable Mention -4536 S. Sherman, Doug Haas Honorable Mention -3290 S. Elati, Dan and Peggy Steffens Honorable Mention -2987 S. Cherokee, Cyndi Kreiger, Bones Herber, Eric & Jeremy Johnson Honorable Mention -2984 S. Zuni, Cabinet Makers or America b) Jessica Dory, an Englewood resident, addressed Council regarding Friends of Englewood Parks. c) C. Ann Dickerson, an Englewood resident, addressed Council regarding Accessory Dwelling Ordinance. d) Jerry Walker, an Englewood resident, was scheduled to address Council regarding Englewood Sanctuary City but was not present. e) Mike Jones, an Englewood resident, addressed Council regarding ADU's. f) Sean Herbert, an Englewood resident, addressed Council regarding ADU's. g) Steven Muth, an Englewood resident, addressed Council regarding ADU's. Council Member Martinez arrived at 7:38 p.m. h) Martin Frazier, an Englewood resident, addressed Council regarding ADU's. i) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. j) JJ Margiotta, an Englewood resident, addressed Council regarding City Page 3 of 14 7 finances. City Council Regular January 7, 2019 Recognition of Unscheduled Public Comment a) Lester Myers, an Englewood resident , addressed Council regarding apartments and Accessory Dwelling Unit's. b) c) d) e) f) g) h) i) j) k) Robert J. Regan, an Englewood resident, addressed Council regarding Accessory Dwelling Unit 's. Laura Jones, an Englewood resident, addressed Council regarding Accessory Dwelling Unit's. Gayle Ogden, an Englewood resident, addressed Council regarding Accessory Dwelling Unit's. Tim Brown addressed Council regarding retail marijuana sales tax. Cynthia Searfoss, an Englewood resident , addressed Council regarding Accessory Dwelling Unit's . Vicki Hoffmann addressed Council regarding long term investments. Sharon Coleman, an Englewood resident, addressed Council regarding Accessory Dwelling Unit's. Rick Wade; an Englewood resident, addressed Council regarding Accessory Dwelling Unit's; · Ben Watson, an Englewood resident, addressed Council regarding Accessory Dwelling Unit's. Tammy Willfamson, an Englewood resident; addressed Cou.ncil regarding Accessory Dwelling Unit's. · · . . The meeting recessed a{B:31 p.m. for a break. The meeting reconvenfld at .8:42 p.m. with all Council Members present. 8 Consent Agenda Items There were no Communications, Proclamations, or Appointments. 9 Communications, Proclamations, and Appointments Moved by Council Member Wink seconded by Council Member Sierra to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(i-v). Mayor Pro Tern Russell removed Agenda item 9(c)(ii, iii & iv) from the Consent. Agenda a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. . i Page 4 of 14 City Council Regular January 7, 2019 b) Approval of Ordinances on Second Reading. i) CB 49 -Broadway/Mansfield Safe Routes To School lGA Amendment #1 with the Colorado Department of Transportation ORDINANCE NO. 1, SERIES OF 2018/2019 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING AN AMENDMENT #1 TO THE INTERGOVERNMENTAL AGREEMENT FOR THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AWARDED TO THE CITY OF ENGLEWOOD FOR THE BROADWA YIMANSFIELD ENHANCED SAFETY CROSSING PROJECT. ii) CB 53 -IGA with City of Littleton ORDINANCE NO. 2, SERIES OF 2018/2019 (COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE STREET PAVEMENT REHABILITATION OF THE EAST HALF OF SOUTH WINDERMERE STREET FROM THE CENTER LINE OF WEST PRENTICE A VENUE TO WEST BELLEVIEW A VENUE. c) Resolutions and Motions i) Renewal First Appearance Defense Counsel Approval for the renewal of a professional service agreement contract for First Appearance Defense Counsel. The terms of the original contract was only for 6 months. This amended agreement will be for the entire 2019 year time frame. ii) Purchase Pirates Cove Shade Umbrellas [Clerks Nbte: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval for the purchase of shade umbrellas for Pirates Cove from Waterloo Tent and Tarp in the amount of $26,917.00. Linda Olson For X Against Abstained Page 5 of 14 City Council Regular January 7, 2019 Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta Amy Martinez Cheryl Wink (Seconded By) X X X 7 0 0 Motion CARRIED. iii) Englewood Employee Association Bargaining Agreement updates [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval of the attached MOUs (Memorandum Of Understanding) clarifying (andflmiting) some of the terms of the collective bargaining agre_ement between the Englewood Employee Association (EEA) and City of Englewood. These MOUs (Memorandum Of Understanding) have been discussed and agreed to by city staff and the EEA. For Against Abstained RitaRusseJI (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Othoniel Sierra x · Laurett Barrentine x Dave Cuesta x Amy Martinez x 7 0 0 Motion CARRIED. iv) In-Kind Aid Approval [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell RESOLUTION NO. 2, SERIES OF 2019 A RESOLUTION SPECIFYING IN-KIND AID TO THE ENGLEWOOD Page 6 of 14 City Council Regular January 7, 2019 MEMORIAL DAY EVENT HELD BY THE ENGLEWOOD HIGH SCHOOL, THE ENGLEWOOD HISTORICAL SOCIETY, AND SPECIAL OLYMPICS PROGRAM IN 2019 BY THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson X Rita Russell (Seconded By) X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Moved By) X 7 0 0 Motion CARRIED. v) Designation of the Official Posting Place for Legal Notices Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra RESOLUTION NO. 1, SERIES OF 2019 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2019. Motion to approve Consent Agenda Items 9 (b)(i-ii) and 9 (c)(i) and 9 (c)(v). For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra (Seconded By) X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Moved By) X 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions Page 7 of 14 City Council Regular January 7, 2019 a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading i) CB 2 -Amended Accessory Dwelling Unit (ADU) Ordinance Second Reading Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to amend the Ordinance to include a 6 month moratorium in District 3. Linda Olson Rita Russell (Seconded By) Othoniel Sierra Laurett Barrentine (Moved By) Dave Cuesta Amy Martinez Cheryl Wink For X X X 3 Against X X X X 4 Abstained 0 Motion DEFEATED. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to amend the current Ordinance limiting permits to 48 in 2019 for Accessory Dwelling Unit's (ADU's) permits. For Against Abstained Linda Olson X Rita Russell (Seconded By) X Othoniel Sierra X Laurett Barrentine (Moved By) X Dave Cuesta X Amy Martinez X Cheryl Wink X 2 5 0 Motion DEFEATED. Page 8 of 14 ii) City Council Regular January 7, 2019 Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink ORDINANCE NO. 3, SERIES OF 2018/2019 (COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, TITLE 16, CHAPTERS 5 AND 6, REGARDING AL TERNA TJVE DWELLING UNITS, INCLUDING A TEMPORARY MORA TOR/UM, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson X Rita Russell X Othonlel Sierra (Moved By) X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Seconded By) X 4 3 0 Motion CARRIED. CB 48 -Retail Cultivation Ordinance Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink ORDINANCE NO. 4, SERIES OF 2018/2019 (COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, TITLE 5, AND ESTABLISHING CHAPTER 3F, TO PROVIDE FOR RETAIL CULT/VA TION OF MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. Linda Olson Rita Russell Othoniel Sierra (Moved By) Laurett Barrentine Dave Cuesta For X X X Against Abstained X X Page 9 of 14 City Council Regular January 7, 2019 Amy Martinez Cheryl Wink (Seconded By) iii) CB 50 -Wastewater Rate Increase X 4 Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink X 2 1 Motion CARRIED. ORDINANCE NO. 5, SERIES OF 2018/2019 (COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. Linda Olson Rita Russell Othoniel Sierra Laurett Barrentine Dave Cuesta Amy Martinez (Moved By) CherylWink(Seconded By) For X X X X X 5 iv) CB 51,.. Marijuana Tax Rate Increase Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell Against Abstained X X 2 0 Motion CARRIED. ORDINANCE NO. 6, SERIES OF 2018/2019 (COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE CODIFYING INITIATED ORDINANCE, BALLOT ISSUE 300, APPROVED BY THE VOTERS ON NOVEMBER 8, 2016, AT TITLE 4, CHAPTER 4, SECTION 4-2A, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. Page 10 of 14 City Council Regular January 7, 2019 For Against Abstained Linda Olson X Rita Russell (Seconded By) X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Moved By) X 6 0 Motion CARRIED. v) CB 52 -Implementation of Annual Marijuana Sales Tax Increase Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink ORDINANCE NO. 7, SERIES OF 2018/2019 (COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE ADOPTING TITLE 4, CHAPTER 4, SECTION 4-28, REGARDING ANNUAL SALES TAX INCREASE FOR RETAIL MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. For Against Abstained Linda Olson X Rita Russell (Moved By) X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Seconded By) X 5 1 1 Motion CARRIED. c) Resolutions and Motions i) Presiding Municipal Judge Salary Discussion Discussion ensued regarding Council Member Cuesta abstaining from the vote due to the fact he is a close friend of Judge Jefferson. Page 11 of 14 Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink RESOLUTION NO. 3, SERIES 2019 City Council Regular January 1; 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. For Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine Dave Cuesta X Amy Martinez x Cheryl Wink (Seconded By) x 6 Against Abstained X . 1 0 Motion CARRIED. ii) Request for Postponement of the First Reading of Alta Englewood Station PUD District Plan iii) Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval to postpone of the First Reading of the Alta Englewood Station PUD-District Plan until January 22, 2019. For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra (Moved By) X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Seconded By) X 7 0 0 Motion CARRIED. Professional Services Agreement for Dartmouth Bridge Design Engineer Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell Page 12 of 14 City Council Regular January 7, 2019 Approval of a Professional Services Agreement with Stanley Consultants, Inc. in the amount of $410,510.00 for the preparation of construction plans, details & specifications and local agency coordination with the Colorado Department of Transportation for the rehabilitation and widening of the West Dartmouth Avenue Bridge over the South Platte River. For Against Abstained Linda Olson X Rita Russell (Seconded By) X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Moved By) X 7 0 0 Motion CARRIED. iv) Resolution to Accept Colorado Department of Transportation (COOT) Transportation Demand Management (TOM) Grant Funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez RESOLUTION NO. 4, SERIES OF 2019 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD'S COMMUNITY DEVELOPMENT DEPARTMENT'S APPL/CATION AND ACCEPTANCE OF THE COLORADO DEPARTMENT OF TRANSPORATION (COOT) TRANSPORTATION DEMAND MANAGEMENT (TOM) GRANT FUNDS FOR THE OXFORD A VENUE FIRST AND LAST MILE CONNECTIONS BICYCLE LANES AND SHARROW MARKINGS PROJECT For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez (Seconded By) X Cheryl Wink (Moved By) X 7 0 0 Page 13 of 14 City Council Regular January 7, 2019 Motion CARRIED. 12 General Discussion a) Mayor's Choice . i) Mayor Olson handed out proposed Meeting Agenda Procedures to Council Members for review. b) Council Members' Choice 13 City Manager's Report 14 City Attorney's Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 10:54 p.m. · .... ..,,/ Page 14 of 14