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Home My WebLink About2022-05-16 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, May 16, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) City Attorney Tamara Niles and Hillary Graham, an outside legal consultant, were present to discuss the proposed administrative revisions to the City Charter. b) Assistant City Manager Tim Dodd was present to discuss the National Citizen Survey. The meeting recessed at 6:52 p.m. for a break. The meeting reconvened at 7:02 p.m. with all Council Members present. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:02 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Cheryl Wink - attended virtually Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk McKinnon Assistant City Manager Dodd Page 1 of 10 City Council Regular May 16, 2022 Director of Community Development Power Director of Public Works D'Andrea Director of Parks, Recreation, and Library Underhill Director of Finance Loh Police Chief Watson Director of Utilities and South Platte Renew Van Ry Deputy Director of Engineering Simon, Utilities Deputy Director of Engineering and Asset Management Hoos, Public Works Deputy Director of Business Solutions Stone, Utilities Deputy Director of Operations and Maintenance Edelstein, Public Works Maintenance and Operating Manager Ortega, Public Works Fleet Supervisor Thompson, Public Works Chief Building Official Montanez, Community Development Fleet Mechanic II Doherty, Public Works Network Administrator Hunnicutt, Information Technology Senior Technical Support Specialist Ramirez, Information Technology Officer Hume, Police Department Officer Benkelman, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of May 2, 2022. Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 2, 2022 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Communications, Proclamations, or Appointments. 7 Recognition of Scheduled Public Comment Page 2 of 10 City Council Regular May 16, 2022 a) Jess Gerardi, an Englewood resident, addressed Council regarding the Civic Center building. b) Ida May Nicholl, an Englewood resident, addressed Council regarding the Museum of Outdoor Arts. c) Kathleen Bailey, an Englewood resident, addressed Council regarding Englewood engaged platform. d) C.A. Dickerson, an Englewood resident, addressed Council regarding the past decisions of the City Council. e) Marcy Brown, an Englewood resident, addressed Council regarding the past decisions of the City Council. f) Judith Marienthal, an Englewood resident, addressed Council regarding appreciation. 8 Recognition of Unscheduled Public Comment a) Mary Colecchi, an Englewood resident, addressed Council regarding the Civic Center. b) Steven Kelly, an Englewood resident, addressed Council regarding the citizen survey and Jason park. c) Marjan Freeman, an Englewood resident, addressed Council regarding City Council's past actions and citizen survey. Council Member Russell responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(c)(ii-iii) from Consent Agenda. Moved by Council Member Woodward seconded by Mayor Sierra to approve Consent Agenda Item 9(b)(i) and 9(c)(i). a) Approval of Ordinances on First Reading There were no Ordinances on First Reading (See agenda Item 11(a)(i-iii).) b) Approval of Ordinances on Second Reading. i) CB 27 - Intergovernmental Agreement with Arapahoe County Concerning Open Space Shareback Funds ORDINANCE NO. 26 SERIES OF 2022 (COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER ANDERSON). Page 3 of 10 City Council Regular May 16, 2022 AN ORDINANCE AUTHORIZING 2022 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING “OPEN SPACE” SALES AND USE TAX SHAREBACK FUNDS. c) Resolutions and Motions i) Professional Services Agreement Amendment #1 with AEC-West Approval of a Professional Services Agreement Amendment #1 with AEC-West for a $300,000 increase, for a total contract amount of $430,000. ii) Contract for Services with BioVelocity [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp Approval of a contract with BioVelocity LLC to remove settled solids in the South Reservoir at the Allen Water Treatment Plant in the amount of $220,000. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. iii) Contract for Services with Radiation Pros [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink Page 4 of 10 City Council Regular May 16, 2022 Approval of a contract with Radiation Pros, LLC to remove, haul, and dispose of settled solids generated from the Allen Water Treatment Plant, in the amount of $207,075. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward x 7 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member Othoniel Sierra Motion to approve Consent Agenda items 9(b)(i) and 9(c)(i). For Against Abstained Othoniel Sierra (Seconded By) x Jim Woodward (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x 7 0 0 Motion CARRIED. 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 28 - Proposed rate increase for the Stormwater Utility Fund Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Page 5 of 10 City Council Regular May 16, 2022 COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE ESTABLISHING STORMWATER 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 Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. ii) CB 29 - Authorizing a loan agreement with the Colorado Water Resources and Power Development Authority Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, ACTING BY AND THROUGH ITS STORM WATER ENTERPRISE, AUTHORIZING A LOAN FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY FOR THE PURPOSE OF FINANCING CAPITAL IMPROVEMENTS FOR USE IN ITS STORM WATER SYSTEM; AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND BOND TO DOCUMENT THE LOAN; AND PROVIDING FOR THE PAYMENT OF THE BOND FROM THE OPERATION AND USE OF THE STORM WATER SYSTEM. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x Page 6 of 10 City Council Regular May 16, 2022 7 0 0 Motion CARRIED. iii) CB 30 - Amending Ordinance 15 for the WIFIA loan agreement Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE, AMENDING ORDINANCE NO. 15, SERIES OF 2022, TO INCREASE THE MAXIMUM INTEREST RATE AUTHORIZED FOR A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY LOAN TO FINANCE WATER CAPITAL IMPROVEMENTS; AND DECLARING AN EMERGENCY. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading (See agenda Item 9(b)(i).) c) Resolutions and Motions i) Resolution to purchase one Backhoe Loader from Wagner Equipment Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson RESOLUTION NO. 20, SERIES OF 2022 Page 7 of 10 City Council Regular May 16, 2022 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF A 2022 BACKHOE LOADER VEHICLE FROM WAGNER EQUIPMENT CO. UNDER THE TERMS OF SOURCEWLL COOPERATIVE CONTRACT #032119-CAT. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. ii) Resolution designating City Attorney's Claims Settlement Authority Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward RESOLUTION NO. 21, SERIES OF 2022 A RESOLUTION DESIGNATING AUTHORITY OF CITY ATTORNEY TO SETTLE CLAIMS AGAINST THE CITY. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. iii) Consider revisions to City Council policies, regarding public comment, proclamations. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve agenda item 11(c)(iii). Page 8 of 10 City Council Regular May 16, 2022 Discussion ensued Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Rita Russell Motion to amend the Council policies to state - In order to ensure that all City Council meetings are conducted democratically and effectively, and so that all members of the public have a full, fair, and equal opportunity to be heard, no person shall boo, clap, yell, speak off -mic, or speak in response to or during a speaker’s comments without being recognized by the presiding officer. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Steven Ward x Cheryl Wink x Jim Woodward x 5 2 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member Othoniel Sierra Motion to not allow signs or placards in the Council Chambers. For Against Abstained Othoniel Sierra (Seconded By) x Jim Woodward (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x 1 6 0 Motion DEFEATED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Page 9 of 10 City Council Regular May 16, 2022 Approval of the revisions to Council policies as amended. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:05 p.m. City Clerk Page 10 of 10