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Home My WebLink About2020-02-03 (Regular) Meeting Minutes"Englewood COL.ORADO MINUTES City Council Regular Meeting Monday, February 3, 2020 1000 Englewood Pkwy -Council Chambers 6:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:01 p.m. 2 Invocation The invocation was given by Council Member Anderson. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Anderson. 4 Roll Call COUNCIL PRESENT: COUNCIL ABSENT: STAFF PRESENT: Mayor Linda Olson Mayor Pro Tern Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone None City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Director Brocklander, Information Technology Director D'Andrea, Public Works Director Underhill, Parks, Recreation and Library Director Henger, Human Resources Open Space Manager Lee, Parks, Recreation and Library Planning Manager Burkholder, Community Development Page 1 of 14 City Council Regular Planner II Sampson, Community Development Capital Projects Engineering Manager Hoos, Public Works Capital Project Engineer Warren, Public Works Technical Support Specialist II Munnell, Information Technogy Network Administrator Hunnicutt, Information Technology Deputy Police Chief Watson, Police Department Officer Douglas, Police Department February 3, 2020 Mayor Olson moved to go into Executive Sessions (Agenda items 12(a)(i-ii)), seconded by Mayor Pro Tern Sierra. FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402(4)(8), FOCUSING UPON MATTERS OF CURRENT AND/OR ANTICIPATED LITIGATION, INCLUDING ANTICIPATED COSTS ASSOCIATED WITH THOSE SPECIFIC MATTERS AND LEGAL ANALYSIS OF CITY'S POSITION. FOR CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON CONTRACTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(8) AND TO DEVELOP STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. SECTION 24-6-402(4)(E){I); The meeting recessed at 6:04 p.m. to go into Executive Session. The meeting reconvened at 7:13 p.m. with all Council Members present. Mayor Olson recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Mayor Olson seconded by Council Member Stone to close the Executive Sessions. The meeting recessed at 7:15 p.m. for a break. The meeting reconvened at 7:20 p.m. with all Council Members present. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of January 21, 2020. Page 2 of 14 City Council Regular February 3, 2020 Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 21, 2020. For Against Abstained Linda Olson X Othoniel Sierra (Moved By) X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of January 27, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JANUARY 27, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) City Manager Lewis introduced the new City of Englewood Parks, Recreation and Library Director Christina Underhill. b) City Manager Lewis introduced the new City of Englewood Human Resource Director Ronda Henger. c) Dave Lee was recognized for serving as Interim Director of Parks, Recreation and Library. Page 3 of 14 d) City Council recognized the newly appointed Boards and Commission members: Alliance for Commerce in Englewood Dillon J. Rai -Regular Board of Adjustment and Appeals Angela Schmitz -Regular Thomas Finn -Regular Brendan Thomson -Regular Code Enforcement Advisory Committee Monica Johnson -Regular Cultural Arts Commission Mark Hessling -Alternate to Regular Keep Englewood Beautiful Robert Stephenson -Regular Hedy Anselman -Regular Margot Flynn -Regular Rachel Palya -Regular Malley Center Trust Fund Bobbie Harris -Regular Non-Emergency Retirement Board James Phelps -Regular Parks and Recreation Commission Karen Miller -Regular Mark Husbands -Regular Stephen Young -Regular Planning and Zoning Commission Catherine Townley-Regular Diane Lipovsky -Regular Kate Fuller-Regular Noel Atkins -Regular Carl Adams -Alternate PolicePension Board Deborah Ward -Regular Public Library Board Marie Hatta -Regular Austin Streicher-Regular City Council Regular February 3, 2020 Page 4 of 14 City Council Regular February 3, 2020 Transportation Advisory Committee Tiffany O'Connell -Regular Urban Renewal Authority Gary Bowman -Regular Water and Sewer Board Charles Habenicht -Regular 7 Recognition of Scheduled Public Comment a) Lorena Gaibor, an Englewood resident, addressed Council regarding short term rentals. b) Michelle Thompson, an Englewood resident, addressed Council regarding short term rentals. c) Marcy Brown, an Englewood resident, addressed Council regarding short term rentals and public comment. d) Pamela Beets, an Englewood resident, addressed Council regarding development. e) Doug Cohn, an Englewood resident, addressed Council regarding Englewood history. 8 Recognition of Unscheduled Public Comment a) Whitney Cobb, an Englewood resident, addressed Council regarding short term rentals. b) Michael Wulfkule, an Englewood resident, addressed Council regarding short term rentals. c) Ida May Nicholl, an Englewood resident, addressed Council regarding the Museum of Outdoor Arts. d) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. e) Jerry Walker, an Englewood resident, addressed Council regarding freedom. f) Tiffani Willis, an Englewood resident, addressed Council regarding short term rentals. g) Laura Abbott, an Englewood resident addressed Council regarding short term rentals. Council Member Stone Responded to Public Comment. 9 Consent Agenda Items Page 5 of 14 City Council Regular February 3, '2020 Council Member Russell removed Agenda Item 9 (c)(iii) from Consent Agenda. Moved by Mayor Pro Tern Sierra, seconded by Council Member Stone to approve Consent Agenda Items 9 (b)(i-ii) and 9 (c)(i-ii). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11(a)(i-ii).) b) Approval of Ordinances on Second Reading. i) CB 02 -IGA with Denver Urban Area Security Initiative (UASI) ORDINANCE NO. 2, SERIES OF 2019 (COUNCIL BILL NO. 02, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY IN/TIA TIVE) BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. ii) CB 03 -Amendment to IGA between Arapahoe County and Englewood Police DTRS ORDINANCE NO. 3, SERIES OF 2020 (COUNCIL BILL NO. 03, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO COMMUN/CATIONS NETWORK SYSTEM [AND CONSOL/DA TED COMMUN/CATIONS NETWORK OF COLORADO (CCNC)]. c) Resolutions and Motions i) Human Resources Information System Contract Approval Approval of a subscription based contract for Ultimate Software Group, Inc., Saas (Software as a Service). ii) Purchase Order Approval for Annual Alum Sulfate Chemicals RESOLUTION NO. 8, SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ALUM SULFA TE FROM CHEMTRADE CHEMICALS US, UNDER THE Page 6 of 14 City Council Regular February 3, 2020 TERMS OF THE COLORADO OPTIMAL SOURCE REQUIREMENTS. Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Motion to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(i-ii). For Against Abstained Linda Olson X Othoniel Sierra (Moved By) X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 7 0 0 Motion CARRIED. iii) Award of Contract to DRC Construction Services, Inc. for the South Englewood Storm Sewer Maintenance Project. [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 a contract with DRC Construction Services, Inc. Jn the amount of $238,920.00 for the South Englewood Storm Sewer Maintenance Project. For Against , Abstained Linda Olson X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell (Moved By) X Cheryl Wink (Seconded By) X John Stone X 7 0 0 Motion CARRIED. Page 7 of 14 10 Public Hearing Items a) Title 16 Housekeeping Amendments Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink TO OPEN THE PUBLIC HEARING FOR THE PROPOSED TITLE 16 HOUSEKEEPING AMENDMENTS. For Against Abstained Linda Olson X Othoniel Sierra {Moved By) X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink {Seconded By) X John Stone X 7 0 0 City Council Regular February 3, 2020 Motion CARRIED. All testimony was given under oath. Community Development Planning Manager Wade Burkholder presented information regarding the proposed Housekeeping Amendments to Title 16. 1 citizen spoke in favor of the Title 16 Housekeeping Amendments 1 citizen spoke in opposition of the Title 16 Housekeeping Amendments. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED TITLE 16 HOUSEKEEP/NG AMENDMENTS. For Linda Olson x Othoniel Sierra {Moved By) x Joe Anderson {Seconded By) x Dave Cuesta Rita Russell Cheryl Wink John Stone X X X X 7 Against Abstained 0 0 Page 8 of 14 City Council Regular February 3, 2020 Motion CARRIED. The meeting recessed at 9:14 p.m. for a break. The meeting reconvened at 9:21 p.m. with all Council Members present. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 04 Short Term Rental Regulations Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink Motion to amend Council Bill No. 4 by allowing Accessory Dwelling Units for Short Term Rentals. Linda Olson Othoniel Sierra Joe Anderson (Moved By) Dave Cuesta Rita Russell Cheryl Wink (Seconded By) John Stone For X X X 3 Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta Against Abstained X X X X 4 0 Motion DEFEATED. Motion to amend Council Bill No. 4 to not allow Accessory Dwelling Units as Short Term Rentals. For Against Abstained Dave Cuesta (Seconded By) X Rita Russell (Moved By) X Linda Olson X Othoniel Sierra X Joe Anderson X Cheryl Wink X John Stone X 5 2 0 Page 9 of 14 City Council Regular February 3, 2020 Moved by Council Member Joe Anderson Seconded by Council Member John Stone Motion CARRIED. Motion to amend Council Bill No.4 to remove the language "audible beyond the property lines of the Short Term Rental or". For Linda Olson X Othoniel Sierra X Joe Anderson (Moved By) X Dave Cuesta X Rita Russell X Cheryl Wink John Stone (Seconded By) X 6 Moved by Council Member Joe Anderson Seconded by Council Member John Stone Against Abstained X 0 Motion CARRIED. Motion to amend Council Bill No.4 by eliminating the language regarding parking in front of the short term rentals. For Linda Olson X Othoniel Sierra X Joe Anderson (Moved By) X Dave Cuesta X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 7 Moved by Council Member Dave Cuesta Seconded by Council Member John Stone Against Abstained 0 0 Motion CARRIED. Motion to amend Council Bill No.4 by requiring proof of residency that shall be supported by a copy of the cover page of the applicants State or Federal filed income tax return and at least two of the following documents: motor vehicle registration, Colorado driver's license or Colorado identification card or voter registration card. Page 10 of 14 City Council Regular February 3, 2020 For Linda Olson X Othoniel Sierra X Joe Anderson Dave Cuesta (Moved By) X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 6 Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Against Abstained X 0 Motion CARRIED. Motion to amend Council Bill No. 4 by striking the language ''4 property used as a long term lease shall not simultaneously be used as a short term rental". Linda Olson Othoniel Sierra Joe Anderson Dave Cuesta Rita Russell Cheryl Wink (Seconded By) John Stone (Moved By) For X X X X X X 6 Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Against Abstained X 01 Motion CARRIED. Motion to amend Council Bill No.4 by adding that Short Term Rentals (STR) and Bed/Breakfasts (BB) shall be twenty-nine (29) days or less throughout the document. For Against Abstained Linda Olson X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell X Page 11 of 14 City Council Regular February 3, 2020 Cheryl Wink (Seconded By) x John Stone (Moved By) x 7 Moved by Council Member Joe Anderson Seconded by Council Member Linda Olson 0 0 Motion CARRIED. Motion to amend Council Bill No. 4 by changing the language to say no Short Term Rentals shall be under more than two simultaneous rental contracts to no more than three simultaneous rental. Discussion ensued. Motion was withdrawn. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 04, INTRODUCED BY COUNCIL MEMBER SIERRA MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING TITLE 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING CHAPTER 31 REGARDING BUSINESS AND LICENSE REGULA T/ONS FOR SHPRT TERM RENTALS, ALL WITHIN THE CITYOF ENGLEWOOD, COLORADO AS AMENDED. For Against Abstained Othoniel Sierra (Moved By) X Cheryl Wink (Seconded By) X Linda Olson X Joe Anderson X Dave Cuesta X Rita Russell X John Stone X 5 2 ii) CB 47 Establishing Zone Districts for Short Term Rental Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink 0 Motion CARRIED. COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER ANDERSON Page 12 of 14 b) City Council Regular February 3, 2020 MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROVIDING FOR SHORT TERM RENTALS TO BECOME AN ALLOWED USE IN R-1-A, R-1-B, R1-C, R-2-A, R-2-B, M-1, M-O-2, MU- R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, AND MU-B-2 ZONING DISTRICTS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO TO INCLUDE ALL CHANGES MADE TO COUNCIL BILL NO. 4 TO REFLECT IN COUNCIL BILL NO. 47 AS AMENDED. For Against Abstained Linda Olson X Othoniel Sierra X Joe Anderson (Moved By) X Dave Cuesta X Rita Russell X Cheryl Wink (Seconded By) X John Stone X 5 2 0 Motion CARRIED. Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9(b)i-ii).) c) Resolutions and Motions i) Resolution to approve the Museum of Outdoor Arts Contract Renewal Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Motion to table Agenda Item 11 (c)(i) to the next Regular City Council Meeting on February 18, 2020. For Against Abstained Linda Olson X Othoniel Sierra (Moved By) X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 7 0 0 Page 13 of 14 City Council Regular February 3, 2020 12 Motion CARRIED. General Discussion a) Mayor's Choice Agenda items 12 (a)(i-ii) were considered after Agenda item 4. i) Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b), focusing upon matters of current and/or anticipated litigation, including anticipated costs associated with those specific matters and legal analysis of City's position. ii) Executive Session for a conference with the City Attorney for the purpose of receiving legal advice on contracts pursuant to C.R.S. Section 24-6-402( 4 )(b) and to develop strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e)(I); iii) Cultural Art Commission Alternate Member Agenda item 11 (a)(iii) was removed and will be discussed at a later date. 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 11 :35 p.m. Page 14 of 14