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Home My WebLink About2008-04-28 (Special) Meeting Agenda Packet1. C1ll to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Meeting April 28, 2008 The special meeling of lhe Englewood Cily Council was called to order by Mayor Wooaward al 6 21 p.m 2. Roll Call Present Council Members Jefferson, Moore, ?enn, Oakley, McCaslin, Wason, Woodward Absent None A quorum was present Also present City Manager Sears City Allorney Brotzman Depuly Cily Manager Flaherty Depuly Cily Clerk Bush City Clerk Ellis Fire Chief Palleroul, Fire Department Emergency Managemenl Coordinator Green, Fire Departmenl Senior Planner Langon, Community Oevelopmenl Police Commander Watson, Police Oepartmenl 3. Ordinances, Reeolutlon and Motions (a) Approval of Ordinances on First Read ing (i) Cily Attorney Brotzman presented a recommendation to adopl a bill for an emergency ordinance authorizing a moratorium on boarding houses In Englewood. He said you now have a corrected version of Council Bill No. 24 in front of you . The corrections from lhe original version Is thal we added emergency In the litle and lhe emergency provision Is added lo Seclion 1. So, this becomes an emergency ordinance lhal will lake effect Immediately upon final passage, after second reading on May 5111• Generally, lhls ordinance Is addressing boarding and rooming houses. There currenlly is a problem In that lhere Is no definllion of boarding and rooming houses, which we found oul lhrough a municipal court case. This puls lhe topic on hold so lhe Planning and Zoning Commission can forward recommendations lo you and lhen you can lake a look at those new provisions that will t e provided tor boarding and rooming houses. Council Member Moore said my understanding is that essentially no boarding house Is in exislence as of loday. April 28, 2008. This would prevent them from going In, unless they are ultimately permitted after lhe moratorium is up. So Dan, even though we don't pass this until second reading, we can use the Apnl 28, 2008 dale. correct? City Attorney Brotzman said they should actuany be aware tonight, upon )'Our passage of first reading, nol lo rely upon the provisions of the Code where there Is no definition. Council Member Moor'! said, related lo lhis. as we enler lhe moralorium, I would like 10 ask staff lo figure oul how to access how many boarding houses may exist My Impression is thal we aren'I aware of any currenl boarding houses out there . So. as we figure oul whal we need lo do, as we come oul of lhe moralorium, we need to understand, if lhere are any uses. So, I would like staff 10 pursue how to do lhat. I'm assuming lhal lhere may be some need , if lhere are any boarding houses , for lhem lo se lf-ldenlify . And on n relaled nole, I would like lo understand if a boarding house would be a commercial property, whal building codes become particu larly relevant to a commercial property such as lhal, as opposed lo If il's jusl a residential use? Englewood City Council April 28, 2008 Page 2 COUNCIL MEMBER MOORE MOVED, AND COUN CI L MEMBER PENN SECONDED, TO APPROVE AGEN DA ITEM 3 (1) (II ·COUNCIL BILL NO. 24. COUNCIL BILL NO. 24, INTRODUCED BY COU NCIL MEMBER MOORE A BILL FOR AN EME:RGENCY ORDINANCE ESTABLISHING A TEM PORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW "ROOMING OR BOARDING HOUSE" USES FOR A PERIOD OF SIX MONTHS. Mayor Woodward said so we have a motion to approve Council Bill No. 24 with two conditions ... that Is for staff to determine how many current boarding houses exist as of today and any other codes. building codes, etcelera. that may be relaled to boarding houses. Council Member Moore clarified that It is not a condition on the motion, It's just a request for addilional information. Mayor Woodward asked if lhere was any discussion. There was none. Vote results: Ayes : Council Members Penn, McCaslin. Moore, Woodward, Jefferson. Wi lson , Oakley Nays: None Motion carried. 4 Adjournment MAYOR WOODWARD MOVED TO ADJOURN. The meeting adjourned at 6:26 p.m. crrwt'- Deputy City Clerk AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, Ap ril 28, 2008 6:15p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood , CO 80110 Call to Order 6 .21 p.m 2. Roll Cal l Kerry Bush Present: Jefferson, Moore, Penn, Oakley, McCaslln, Wiison, Woodward Absent: None 3. Ordinances. a. Approval of Ordinance en First Read ing. Council Bill No. 24 -Hequest from City Council to consider a Bin for an Emergency Ordinance authorizing a moratorium on boardinghouses In Englewood . STAFF SOURCE: Ala~,.-Commulll~lopment-DlrKtor. Dan Brotzman, City Attorney Motion: To approve Council Bill No. 24 authorizing a moratorium on boardinghouse s In Englewood. Moved by : Moore Seconded by: Penn Vote: Motion Approved (summary: Yes= 7 No=O) 4 Adjournment 6.26 p.m r-Piease note· If ycii°1 have a disability and need auxiliary aids or services, please notify t~ City of I l Englewood I (303-762-2407) at least 48 hours in advance of whe n services arc needed. Thank you I. Call to Order. 2. Roll Ca ll. 3. Ordinances. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 28, 2008 6:15 p.m. [nglewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 a. Approval of Ordinance on First Reading. Cc.uncll Bill No. 24 -Request from City Council to consider a Bill for an Emergency Ordinance authori zing a moratorium on boardinghouses in Englewood . STAFF SOURCE: Alan White, Community Development Diredor. 4. Adjournment Plc;ise now: If you h.we" dls.1blllly and need .luxillary aid s or services, ple.ue nollfy 1he Clly of £ngl1•wood (303·762·2407) .11 le,isl 46 how s In .1dv,111 te o f w hen •ervices are needed. Th.ink 011. ORD~ANCE NO. SERJES OF 2008 BY AUTllO IUTY COLJ:llCIL BU.L NO. 2~ 0-.TRODUCE D BY COU 'CIL MEMBER M( l ,, L- A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON Tll2 ESTABLISHMENT OF NEW "ROOMING OR BOARDING HOUSE" USES FOR A PERJOD OF SlX MONTHS . WHEREAS, it has been brought 10 Council's attention that the current Uniform Development Code docs not adequately define or limit "Rooming or Boarding House" uses; and >."rIEREAS, thc staled purpose ofrc.~idential districts in Tille 16, the prior Code was to "prohibit all activities of a general commercial nature except certain registered home occupations which arc controlled by specific limitations"; and WHEREAS, with the implementati on of the Uniform Development Code, the definition of "Rooming or Boarding House" was omilled and the term was inadvenently added to the definition of large and small group homes. This has created a conflict with the stated pwposc of residential districts; nnd WHEREAS, City Council has directed staff lo review and revise, if necessary, the provisions regarding "rooming or boarding houses": and WHEREAS, staff will need sufficient time to review nnd coordinate the provisions relating 10 "rooming or boarding houses" in the Code; and WHEREAS, City Council deems it necessary 10 coordinate the review of the Uniform Developmcn· Code and finds it appropriate to prohibit the establishment of new "rooming or boarding houses" in the City until the review by the staff nnd City Council; nnd WHEREAS, in order for the City 10 comply with equal protection issues, the moratorium or temporary suspension must apply to all woe districts unless specific exC1Dptions can be lcgitim.,tely set fonh due 10 a finding that a panicular wnc district should be excluded; and WHEREAS, the revisions to the Unifonn Development Code nnd the updating of the uses allowed in all wne districts will help protect the pub lic health, safety and welfare by preserving a safe, healthy, and sound cmironment within the City; and WHEREAS , the citizens of Englewood and the City Cou.1cil have delcnnined that funhcr revisions to the Unifonn Devclopmcnl Code are necessary to promote, coordinalc, and implement a high qunlity plan to produce well balanced roning in the City; and WHEREAS , the cu .. -:t-~t listing of uses is not meeting the above criteria; and WI IEREAS, the City Council !ind' that a six month morat orium or temporary SU\J>en"'"' of th<· 1.-.wblishmcnt of all new "roommg or boarding house" uses is m:ccssary to 1mplcmcnt the rcvi"nns to the Umfonn Development Code. NOW, TiiEREFORE, BE IT ORDAli./ED BY TH E CITY COUNCIL OF TiiE CITY OF ENGLEWOOD, COLORADO. TIIAT A MORATORI UM OR TEMl'ORARY SUSPENSION OF ALL NEW "ROOMING OR BOARDING HOUSE" USES FROM APRIL 28, 2008 TO SEPTEMB ER 28, 2008, SllJ\LI BE ESTABLISMED. ~-By reason of the foci that the Englewood Unified Development Code docs nOI adequately define or limit "rooming or boarding house" uses and for the immediate preservation of the public pmpcny, health , peace and safety, it is hereby declared that an emergency exists a•,d that this Ordinance shall take effect immediately upon its final passage. fu:!ai.o.!ll. Said moratorium or temporary suspension shall be for all new "rooming or board in~ bouse" uses v.ithin the City of Englewood. ~ The City Council directs City staff to develop appropriate recommendations to Counci l, within six months, to be consistent with this Ordinance and shall provide for an updating of the Unifonn Development Code relating to "rooming or boarding house" uses. !.!~-The City Council finds the provisions of this Ordinance arc temporary in nature and are intended to be replaced by subsequent legislative enactment so that the moratorium or temporary suspension as spcci ficd in this Ordinance shall tcnninate on September 28, 2008. Introduced, read in full , and passed 011 first reading as an Emergency Ordinance on the 28th day of April, 2008 . James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, Ci ty Clerk I, Loucrisbia A. Ellis, Ci1y Clerk of the City of Englewood, Colorado, hereby ccnify lhat the above and foregoing is a true copy of an Emergency Bill for an Ordinance, introduced, read in full, and passed on first rCllding on the 28th day of April, 2008. Loucrishia A. Ellis 1. 2. 3. Cell to order ~.m. lnvoc:atlon nat ta.id Pledge ol AlegllrlCe "'*"~ AGENDA FOR THE SPECIAL ME ETING OF THE ENGLEWOOD CITY COU NCIL Monday, April 28, 2008 6:15p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood. CO 80110 Call to Order 6:21 pm 2 RoUCall Present: Jefferson, Moore, Penn, Oakley, McCaslln, Wiison, Woodw1rd Absent: None Ordinances. a. Approval of Ordinance on First Reading. Council Bill No. 24 -Request from City Council to conskler a Bill for an Emergency Ordinance authorizing a moratorium on boardinghouses in Englewood. STAFF SOURCE: A~ity.-OtY~ Din Brotzman, City Attorney Motion: To approve Council Bill No. 24 authorizing a moratorium on boardinghouses In Englewood . Moved by: Moore Seconded by: Penn Vote: Motion Approved (summary: Yes = 7 No=O) Adjou rnment 6:26 p.m. Please note tr you have a disability and need auxiliary aids or services. pleasP. notify the City of Englewood (303·762-2407 ) at least 48 hours on advance of when services are needed. Thank )'l'U. ORDINANCE NO. SERIES OF 2008 BY AlJTllORITY COUNCIL DILL NO 24 INTRODUCED BY COUNCIL MEMBER filW(/ A 1311,L FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUS PENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW "ROOMING OR BOARDING HOUSE" USES FOR A PERIOD OF SIX MONTHS. WHEREAS, it has been brought to Council's attention that the current Unifonn Development Code docs not adequately define or limit "Rooming or Boarding House" uses; and WHEREAS, the stated purpose of residential districts in Title 16, the prior Code was to "prohibit all activities of a general commercial nature except certain registered borne occupations which are controlled by specific limitations"; and WHEREAS, with the implementation of the Uniform Development Code, the defini tion of "Rooming or Boarding House" was omitted and the term was i.ladvenently added to the definition of large and small group homes. This has created a conflict with the stated purpose of residential disllicts; and WHEREAS, City Council has directed staff to review and revise, if necessary. the provisions regarding "rooming or boarding houses"; and WHEREAS, staff will need sufficient time to review and coordinate the provisions relating to "rooming or boarding houses" in the Code; and WHEREAS, City Council deems it necessary to coordinate the review of the Uniform Development Code and finds it appropriate to prohibit the establishment of new "rooming or boarding houses" in the City until the review by the staff and City Council; and WHEREAS, in order for the City to comply with equal pro tection issues, the mora torium or temporary suspension must apply to all wne districts unless specific exemptions can be legitimately set fonh due to a finding that a panicular wne district should be excluded; and WHEREAS, the revisions to the Uniform Development Code and the updating of the uses allowed in all zone districts will help protect the public health, safety and welfare by preserving a safe, healthy. and sound environment within the City; and WI IEREAS, the citizens of Englewood and the City Council have determined that funhcr revisions to the Uniform Dc\"elopment Code arc ncccssnry to promote, coordinate, and implement a high quality plan to prod1••e well balanced wning in the City; and WHEREAS, the current listing of uses is not m•cting the above criteria; and WI IEREAS. the City Council timh that a six month moratorium or temporal) SU\p<.11'1Clll of the L">tnblishmcnt of all new "roomms or boarding house" uses is necessary to 1mplcm<.'11t the revisions to the Umfonn Development Code. NOW, THEREFORE, BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT A MORATORIUM OR TEMl'ORARY SUSPENS ION Ot' Al .I . NEW "ROOMING OR BOARDING IJOUSE" USES FROM APRIL 28. 2008 TO SEPTEMBER 28, 2008, SHALL BE ESTAl3LISIIED. S~'Ction I. By reason of the fact thnt the Englewood Unified Development COOe docs not udcquatcly define or limit "rooming or boarding house" uses and for the irrunediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect irruncdiately upon its final passage . Section 2. Said moratorium or tcrnporuy suspension shall be for all new "rooming or boarding house" uses within the City of Englewood. ~ The City Council directs City staff lo develop appropriate recommendations to Council, within six months, to be c~nsistent with this Ordinance and shall provide for llll updating of the Uniform Development Code relating to "rooming or boarding house" uses. ~. The City Counci l finds the provisions of this Ordinance are lemporuy in nature and arc intended lo be replaced by subsequent legislative enactment so 01at the moratorium or temporary suspension as specified in this Ordinance shall terminate on September 28, 2008. Introduced, read in full, and passed on first reading as an Emergency Ordinance on the 28th day of April, 2008. James K. Woodward, Mayor ATI'EST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the nbove and forC{,'Oing is a true copy of an Emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 28th day of April, 2008. Loucrishia A. Ellis 1. C1ll to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Specl1I Meeting April 28, 2008 The regular meeting of the Englewood Coty Council was called to order by Mayor Woodward at 6: 15 p.m. 2. ln~n The invocation wa~ by Council Member McCasfin. 3. Pl as led by Council Member Mccaslin. 4. Roll Call Present: Absent: A quorum was present. Also present Council Members Jefferson, Moore, Penn , Oakley, McCaslln, Wiison, Woodward None ' / City Manager Sears / City Attorney Brotzman Deputy City Manager Flaherty / City Clelk Enis v" ./ Deputy City Clerll Bush Bi1ectu1 61yglvwicz , Finenee<llldAElmi11i9t1 eti..e 6er'Wice&- 91reetoo FU11da, tllllllllis • 0tree1or Black, Parks and Reeteatlon · ~etm1, Publk: narks • 0il'eetur'While;"eommunlty Oevelop11 rent- JlQUoe Ohle! Vandermee • Fire Chief Pattarozzl Police Commander Watson 5 Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading (1) Council Bill No 24 -Director White from Community Development presented a recommendation lo adopt a Bill for an Emergency Ordinance aulhoriling a moratorium on boardinghouses In EngleWOOSI._ I • ~ JI>. 'l)(Lt1 f'11o zm ... 10 I COUNCIL MEMBER .~ MOVED, ANO CO UNCIL MEMBER WL--s ECONOEO, TO APPROVE AGENDA ITEM 11 (1) (I) -COUNCIL BILL NO. 24 . CO UNCIL BILL NO, 24, INTRODUCED BY COU NCIL MEMBER ~(,, A BILL FOR AN EMERGENCY ORDINANCE AUTHORIZI NG A MORATORIUM ON BOARDI NGHOUSES IN ENGLEWOOD. ~vc. ~6~~~ bo~~UW\t.•dl"/-l(.l.)vl·lvd iu7- ~ ~ ?{5 eo~ u.J.tdcA ~bod/~ ~ Englewood City Council June 7, 2008 Page2 Mayor Woodward asked 11 I i ere were any queslions There were none Vote results: Ayes Council Members Penn, McCaslin. Moore. WOO"ward. Jefferson. Wilson, Oakley Nays· None Motion carried. H), 6. Adjournment fP MAYOR WOODWARD MOVED TO ADJOURN . The meeting adjourned at ~.m. City Clerk