HomeMy WebLinkAbout2018-11-19 (Regular) Meeting MinutesEn glewood
C tH .. i) R JUlO
MINUTES
City Council Regular Meeting
Monday, November 19, 2018
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 7:07 p.m.
2 Invocation
The invocation was given by Council Member Sierra.
3 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Sierra.
4 Roll Call
COUNCIL PRESENT:
COUNCIL ABSENT:
STAFF 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 Cheryl Wink
None
Interim City Manager Hargrove
City Attorney McKenney Brown
Deputy City Clerk McKinnon
Assistant City Clerk Truscott Reed
Director Brennan, Utilities
Facility Services and Maintenance Administrator Long , Parks and Recreation
Planning Manager Burkholder, Community Development
Planner II Voboril, Community Development
Open Space Manager Lee, Parks and Recreation
Victim Witness Services Coordinator Wen ig, Police Department
Technical Support Specialist II Munnell , Information Technology
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November 19, 2018
Commander Fender, Police Department
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of November 5, 2018.
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 5, 2018.
For Against Abstained
Linda Olson x
Rita Russell (Moved By) x
Othoniel Sierra x
Laurett Barrentine (Seconded x
By)
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
7 0 0
Motion CARRIED.
6 Recognition of Scheduled Public Comment
a) Vicki Hoffmann addressed Council regarding the flood and Council response.
b) Mike Jones, an Englewood resident, addressed Council regarding the
Englewood Environmental Foundation (EEF).
c) Elaine Hults, an Englewood resident, addressed Council regarding a prior
public comment speaker.
Member Wink brought forward a Point of Decorum, Member Martinez
seconded regarding curse words and respect towards Council.
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
Motion to not allow curse words at Council Meetings.
Linda Olson
Rita Russell (Moved By)
Othoniel Sierra
Laurett Barrentine (Seconded
For
X
X
X
Against
X
Abstained
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City Council Regular
November 19, 2018
By)
Dave Cuesta
Amy Martinez
Cheryl Wink
X
X
X
6 0
Motion CARRIED.
d) JJ Margiotta, an Englewood resident, addressed Council regarding Mayor
Olson.
e) Doug Cohn, an Englewood resident, addressed Council regarding historic
preservation.
7 Recognition of Unscheduled Public Comment
a) Becky Deal, and Englewood resident, addressed Council regarding the flood.
b) Aaron Reid, an Englewood resident , addressed Council regarding the VOCA
Grant (CB 42).
c) Kathleen Bailey, an Englewood resident, addressed Council regarding the
Retail Marijuana Cultivation Ordinance (CB 48).
d) Geoff Frazier, an Englewood resident, addressed Council regarding Council
and decorum .
e) Martin Frazier, an Englewood resident, addressed Council regarding
Accessory Dwelling Unit (ADU's or CB 2).
f) Sara Harkness, an Englewood resident, addressed Council regarding Council
and decorum.
g) Steven Ward, an Englewood resident, addressed Council regarding Council
decorum, and powers and duties of Council.
h) Cynthia Searfoss, an Englewood resident, addressed Council regarding
Accessory Dwelling Unit (ADU's or CB 2).
Council Responded to Public Comment
Moved by Council Member Linda Olson
Seconded by Council Member Amy Martinez
Motion to recess for a break.
For Against Abstained
Linda Olson (Moved By) X
Rita Russell X
Othoniel Sierra X
Laurett Barrentine X
Dave Cuesta X
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November 19, 2018
Amy Martinez (Seconded By)
Cheryl Wink
X
X
7
The meeting recessed at 8:37 p.m. for a break.
0 0
Motion CARRIED.
The meeting reconvened at 8:47 p .m. with all Council Members present.
8 Communications, Proclamations, and Appointments
a) Declaring Shop Englewood -Small Business Saturday, November 24, 2018 in
the City of Englewood.
Moved by Council Member Amy Martinez
Seconded by Council Member Rita Russell
To approve a Proclamation Declaring Small Business Saturday, November 24,
2018 in the City of Englewood
For Against Abstained
Linda Olson x
Rita Russell (Seconded By) x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez (Moved By) x
Cheryl Wink x
7 0 0
Motion CARRIED.
9 Consent Agenda Items
Moved by Council Member Martinez seconded by Council Member Wink to approve
Consent Agenda Items 9 (a)(iii-iv) and 9 (b)(i-iv).
Member Cuesta removed Agenda item 9(a)(i) from the Consent Agenda.
Member Barrentine removed Agenda item 9(a)(ii) from the Consent Agenda.
Member Russell removed Agenda item 9(c)(i) from the Consent Agenda.
a) Approval of Ordinances on First Reading
i) CB 42 -VOCA Grant
[Clerks note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
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November 19, 2018
Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER
BARRENTINE
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT FOR AN APPL/CATION FOR A CRIME VICTIM
ASSISTANCE SERVICES (CVS) GRANT FROM THE COLORADO
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL
JUSTICE FOR A PART TIME VICTIM ADVOCATE
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
7 0 0
Motion CARRIED
ii) CB 43 -Intergovernmental Subgrantee Agreement for 2018 CDBG
Program
(Clerks note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Othoniel Sierra
Seconded by Council Member Amy Martinez
COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER SIERRA
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A
2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS
AND THE CITY OF ENGLEWOOD, COLORADO.
For Against Abstained
Linda Olson X
Rita Russell X
Othoniel Sierra (Moved By) X
Laurett Barrentine X
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November 19 , 2018
Dave Cuesta
Amy Martinez (Seconded By)
Cheryl Wink
iii) CB 44 -Liquor Code Update
X
X
X
5 2 0
Motion CARRIED
COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER
MARTINEZ.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, INCLUDING
SECTIONS 1 AND 2 OF CHAPTER 3, SECTIONS 1, 3, 5, AND 8 OF
ARTICLE A , SECTIONS 2, 10, AND 11 OF ARTICLE 8, AND
SECTIONS 1, 3, 5, OF ARTICLE C, ALL OF THE ENGLEWOOD
MUNICIPAL CODE 2000, TO REMOVE STATUTORY CITATIONS TO
SUPERSEDED STATUTES AND INSERT STATUTORY GITA TIONS
TO CURRENT STATUTES.
iv) CB 45 -Marijuana Code Update
COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER
MARTINEZ.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3E, SECTIONS ALL
OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE
STATUTORY GITA TIONS TO SUPERSEDED STATUTES AND
INSERT STATUTORY CITATIONS TO CURRENT STATUTES.
b) Approval of Ordinances on Second Reading .
i) CB 36 -Arapahoe County Combined RMS IGA
ORDINANCE NO. 29, SERIES OF 2018 (COUNCIL BILL NO. 36,
INTRODUCED BY COUNCIL MEMBER MARTINEZ) ·
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT AMONG THE COLORADO CITIES OF CHERRY HILLS
VILLAGE, ENGLEWOOD, GREENWOOD VILLAGE, LITTLETON,
SHERIDAN, AND SOUTH METRO FIRE RESCUE DISTRICT AND
ARAPAHOE COUNTY FOR THE ARAPAHOE COUNTY COMBINED
RECORDS MANAGEMENT SYSTEM
ii) CB 37 -IGA Between the City of Englewood/Englewood Mclellan
Reservoir Foundation and Douglas County
ORDINANCE NO. 30, SERIES OF 2018 (COUNCIL BILL NO. 37,
INTRODUCED BY COUNCIL MEMBER RUSSELL)
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AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY
OF ENGLEWOOD/ENGLEWOOD McCLELLAN RESERVOIR
FOUNDATION
iii) CB 38 -Storm Water Code Update Ordinance
ORDINANCE NO. 31, SERIES OF 2018 (COUNCIL BILL NO. 38,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 4 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING STORM
WATER UTILITY AND ENTERPRISE FUND USER FEES.
iv) CB 39 -Waste Water Code Update (Sewer)
ORDINANCE NO. 32, SERIES OF 2018 (COUNCIL BILL NO. 39,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3,
SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000
REGARDING WASTEWATER FEES AND CHARGES.
c) Resolutions and Motions
i) Restoration of the Golf Course Maintenance Building
[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
Approval of a contract with KC Construction Inc., in the amount of
$37,221 for the restoration of the Golf Maintenance Building to it's
designed operational condition.
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
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City Council Regular
November 19, 2018
Moved by Council Member Amy Martinez
Seconded by Council Member Cheryl Wink
Motion CARRIED.
Motion to approve Consent Agenda Items 9 (a)(iii-iv) and 9 (b)(i-iv).
For
Linda Olson X
Rita Russell X
Othoniel Sierra X
Laurett Barrentine X
Dave Cuesta X
Amy Martinez (Moved By) X
Cheryl Wink (Seconded By) X
7
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 40 -Storm Water Fee Increase
Moved by Council Member Rita Russell
Seconded by Council Member Amy Martinez
Against Abstained
0 0
Motion CARRIED.
COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER
AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND
ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12,
CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
For Against Abstained
Rita Russell (Moved By) x
Amy Martinez (Seconded By) x
Linda Olson x
Othoniel Sierra x
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November 19 , 2018
Laurett Barrentine
Dave Cuesta
Cheryl Wink
ii) CB 41 -Wastewater Rate Increase
X
X
X
7
Moved by Council Member Amy Martinez
Seconded by Council Member Cheryl Wink
0 0
Motion CARRIED.
COUNCIL BILL NO. 41, 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)
Cheryl Wink (Seconded By)
For
X
X
X
X
X
5
Against Abstained
X
X
2 0
Motion CARRIED.
iii) CB 48 -Retail Cultivation Ordinance
Moved by Council Member Amy Martinez
Seconded by Council Member Laurett Barrentine
Motion to table Agenda item 11 ( a)(iii) to no later than December 17,
2018.
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
For
X
X
Against Abstained
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November 19, 2018
Othon iel Sierra X
Laurett Barrentine (Seconded x
By)
Amy Martinez (Moved By) x
Cheryl Wink x
6 0 0
Motion TABLED.
iv) CB 2 -Accessory Dwelling Unit (ADU) Ordinance First Reading
Moved by Council Member Othoniel Sierra
Seconded by Council Member Amy Martinez
MOTION TO AMEND COUNCIL BILL NO. 2 BY ADDING OPTION #2.
(AMEND SECTION 2, PARAGRAPH 7, LETTER G, THROUGH THE
ADDITION OF (5), READING AS FOLLOWS: CORPORATION AND
FOR PROFIT BUSINESS PARTNERSHIP PROHIBITIONS.
CORPORATIONS AND FOR PROFIT BUSINESS PARTNERSHIPS ARE
PROHIBITED FROM CONSTRUCTING ACCESSORY DWELLING
UNITS ON CORPORA TE OR BUSINESS PARTNERSHIP OWNED
PROPERTIES. CORPORATIONS AND BUSINESS PARTNERSHIPS
ARE PROHIBITED FROM SEPARATELY RENTING A PRE-EXISTING
ACCESSORY DWELLING UNIT STRUCTURE CONSTRUCTED AFTER
2018 TO A SEPARATE PARTY AS A SEPARATE UNIT FROM THE
PRINCIPAL STRUCTURE.)
For
Linda Olson X
Rita Russell X
othoniel Sierra (Moved By) X
Laurett Barrentine X
Dave Cuesta X
Amy Martinez (Seconded By) X
Cheryl Wink X
7
Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
Against Abstained
0 0
Motion CARRIED.
MOTION TO AMEND CB NO 2 BY ADDING OPTION #3. (AMEND
SECTION 1, PARAGRAPH C, TABLE 16-5-1 .1 "TABLE OF ALLOWED
USES", ACCESSORY USES SECTION, HOUSEHOLD LIVING,
ACCESSORY DWELLING UNIT, STRIKING THE LETTER ''A" FROM
THE R-2-B, R-2-A, AND R-1-C COLUMNS.)
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Linda Olson
Rita Russell (Seconded By)
Othoniel Sierra
Laurett Barrentine (Moved By)
Dave Cuesta
Amy Martinez
Cheryl Wink
For
X
X
X
X
4
Moved by Council Member Cheryl Wink
Seconded by Council Member Amy Martinez
Against
X
X
X
3
Abstained
0
Motion CARRIED.
MOTION TO AMEND COUNCIL BILL NO. 2, ADDING OPTION 2 AND
OPTION 3, INTRODUCED BY COUNCIL MEMBER WINK.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE,
TITLE 16, CHAPTERS 5 AND 6 OF THE ENGLEWOOD MUNICIPAL
CODE 2000, RELATING TO ALTERNATIVE DWELLING UNITS .
OPTION 2 -AMEND SECTION 2, PARAGRAPH 7, LETTER G,
THROUGH THE ADDITION OF (5), READING AS FOLLOWS:
CORPORATION AND FOR PROFIT BUSINESS PARTNERSHIP
PROHIBITIONS. CORPORATIONS AND FOR PROFIT BUSINESS
PARTNERSHIPS ARE PROHIBITED FROM CONSTRUCTING
ACCESSORY DWELLING UNITS ON CORPORA TE OR BUSINESS
PARTNERSHIP OWNED PROPERTIES. CORPORATIONS AND
BUSINESS PARTNERSHIPS ARE PROHIBITED FROM SEPARATELY
RENTING A PRE-EXISTING ACCESSORY DWELLING UNIT
STRUCTURE CONSTRUCTED AFTER 2018 TO A SEPARATE PARTY
AS A SEPARATE UNIT FROM THE PRINCIPAL STRUCTURE.
OPTION 3 -AMEND SECTION 1, PARAGRAPH C, TABLE 16-5-1.1
"TABLE OF ALLOWED USES", ACCESSORY USES SECTION,
HOUSEHOLD LIVING, ACCESSORY DWELLING UNIT, STRIKING THE
LETTER "A" FROM THE R-2-B, R-2-A, AND R-1-C COLUMNS.
Amy Martinez (Seconded By)
Cheryl Wink (Moved By)
Linda Olson
Rita Russell
Othoniel Sierra
Laurett Barrentine
Dave Cuesta
For
X
X
X
X
Against
X
X
X
Abstained
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4 3 0
Motion CARRIED.
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading (See Agenda items
9 (b)(i-iv).)
c) Resolutions and Motions
i) Romans Park Tennis Courts and Playground Design Services
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
Approval of a Professional Services Agreement with Goodbee &
Associates, Inc. not to exceed $31,800.57 for design services for Romans
Park Tennis Courts and Playground.
For Against Abstained
Linda Olson X
Rita Russell (Moved By) X
Othoniel Sierra X
Laurett Barrentine (Seconded X
By)
Dave Cuesta X
Amy Martinez X
Cheryl Wink X
7 0 0
Motion CARRIED.
ii) Resolution Supporting the Englewood Light Rail Corridor FY 2019 Next
Steps Study Application for DRCOG FY 2019 Station Area Master Plan
and Urban Center Studies Planning Grant Funding
Moved by Council Member Cheryl Wink
Seconded by Council Member Othoniel Sierra
RESOLUTION NO. 24, SERIES OF 2018
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD,
COLORADO, TO FILE AN APPLICATION WITH THE DENVER
REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) FOR FISCAL
YEAR 2019 DRCOG TRANSPORTATION IMPROVEMENT PROGRAM
(TIP), SURFACE TRANSPORTATION BLOCK GRANT
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November 19, 2018
For
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
iii) Appoint an Interim City Manager -Resolution
Moved by Council Member Rita Russell
Seconded by Council Member Cheryl Wink
RESOLUTION NO. 25, SERIES OF 2018
Against Abstained
0 0
Motion CARRIED.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH DOROTHY HARGROVE FOR
PROVISION OF INTERIM CITY MANAGEMENT SERVICES TO THE
CITY OF ENGLEWOOD.
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
7 0 0
Motion CARRIED.
12 General Discussion
a) Mayor's Choice
b) Council Members' Choice
13 City Manager's Report
Page 13 of 14
14 City Attorney's Report
15 Adjournment
MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 11:19 p.m.
. '
City Council Regular
November 19, 2018
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