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Home My WebLink About2021-08-16 (Special/Regular) Meeting Minutes MINUTES Hybrid City Council Special/Regular Meeting Monday, August 16, 2021 1000 Englewood Parkway - 2nd Floor Community Room 6:00 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink COUNCIL ABSENT: Council Member Dave Cuesta STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk Truscott Reed Director of Finance Loh Director of Community Development Power Director of Public Works Maria D'Andrea Director of Utilities and South Platte Renew Van Ry Director of Parks, Recreation, Library, and Golf Underhill Deputy Director of Operations and Maintenance Goodman, Utilities Deputy Director of Business Services Stone, Utilities Redevelopment Manager Poremba, Community Development Senior Planner Voboril, Community Development Budget Administrator Nolan, Finance Network Administrator Hunnicutt, Information Technology System Administrator Brown, Information Technology Page 1 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Officer Martinez, Police Department 4 Study Session Topic a) Director of Finance Jackie Loh and members of the Leadership Team were present to review the Draft Proposed 2022 Budget Part 2. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of August 2, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF AUGUST 2, 2021 For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Communications, Proclamations, Appointments, or Recognition. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, addressed Council regarding the South Englewood Basin storm water infrastructure. 8 Recognition of Unscheduled Public Comment a) Steven Kelly, an Englewood resident, addressed Council regarding off-leash dog privileges. b) Barb Chumley, an Englewood resident, addressed Council regarding park privileges. c) Brooks Binder, an Englewood resident, addressed Council regarding South Zuni bike lane concerns and the rezoning proposal for parking spaces. d) Pamela Beets, an Englewood resident, addressed Council regarding redevelopment plans. Page 2 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 e) Mary Colecchi, an Englewood resident, address Council regarding public comment and meeting start times. f) Robert Merritt, an Englewood resident, addressed Council regarding concerns about medical procedures being performed on children. Council Member Anderson responded to Public Comment. The meeting recessed at 7:36 p.m. for a break. The meeting reconvened at 7:41 p.m. with six Council Members present, Council Member Cuesta was absent. 9 Consent Agenda Items Moved by Council Member Wink, seconded by Mayor Pro Tem Sierra to approve Consent Agenda Items 9(a)(i-ii) and 9(b)(i-ii). a) Approval of Ordinances on First Reading i) CB 32 - Acceptance of a grant with Arapahoe County Open Space (ACOS) for Jason Park amenity improvements in the amount of $350,000 COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE JASON PARK AMENITY IMPROVEMENTS ii) CB 34 - First Amendment to an Intergovernmental Agreement with Mile High Flood District. COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN THE SOUTH PLATTE RIVER IMPROVEMENTS PROJECT IN ARAPAHOE COUNTY, MANAGED BY THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND TITLED “AGREEMENT REGARDING A RIVER IMPROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY” REGARDING THE FINAL DESIGN OF IMPROVEMENTS TO THE RIVER CORRIDOR BETWEEN DARTMOUTH AVENUE ON THE NORTH AND BREWERY LANE TO THE SOUTH, PURSUANT TO AGREEMENT NO. 18-11.01 BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE, AND FLOOD CONTROL DISTRICT, ARAPAHOE COUNTY OPEN SPACE, THE CITY OF SHERIDAN, THE Page 3 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 SOUTH SUBURBAN PARKS AND RECREATION DISTRICT, AND CITY OF LITTLETON. b) Approval of Ordinances on Second Reading. i) CB 31 - Intergovernmental Agreement with the City and County of Denver to install bike lanes & associated signage ORDINANCE NO. 34, SERIES OF 2021 (COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY AND COUNTY OF DENVER AND CITY OF ENGLEWOOD FOR THE BUFFERED BIKE LANE PROJECT ON SOUTH ZUNI STREET ii) CB 33 - Amending the Englewood Municipal Code to change the name and duties of the Keep Englewood Beautiful Commission. ORDINANCE NO. 35, SERIES OF 2021 (COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING TITLE 2, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NAME CHANGE FOR KEEP ENGLEWOOD BEAUTIFUL COMMISSION TO THE NEW TITLE, ENGLEWOOD SUSTAINABILITY COMMISSION Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of Consent Agenda Items 9(a)(i-ii), and 9(b)(i-ii). For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Rita Russell x Steven Ward x Cheryl Wink (Moved By) x 6 0 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Item 11 (c) (i).) Page 4 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 10 Public Hearing Items a) Public Hearing regarding a proposed Ordinance to approve the Englewood Downtown Development Authority (EDDA) Downtown Plan. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra TO OPEN THE PUBLIC HEARING FOR A PROPOSED ORDINANCE OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY DOWNTOWN PLAN. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson (Moved By) x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. All testimony was given under oath. Redevelopment Manager Dan Poremba presented information regarding the draft Englewood Downtown Development Authority (EDDA) Downtown plan. Hilarie Portell, Executive Director of the EDDA, and Mark Tompkins of Strae Advisory Services, presented information and answered questions from Council. No one provided public comment. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson TO CLOSE THE PUBLIC HEARING FOR A PROPOSED ORDINANCE OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY DOWNTOWN PLAN. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Rita Russell x Steven Ward x Page 5 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Cheryl Wink x 6 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 37 - CityCenter/Englewood Station Rezoning: Title 16 Unified Development Code Text Amendments and Englewood Transit Station Area (TSA) Specific Plan Adoption. Moved by Council Member Othoniel Sierra Motion to amend Council Bill No. 37 to modify the height maximum to 100 feet. Motion Withdrawn Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve Council Bill No. 37. Discussion ensued regarding the height maximum. Moved by Council Member Othoniel Sierra Seconded by Council Member Linda Olson Motion to amend Council Bill No. 37 to lower the height maximum to 100 feet, and to keep the inclusionary housing to 25%. For Against Abstained Linda Olson (Seconded By) x Othoniel Sierra (Moved By) x Joe Anderson x Rita Russell x Steven Ward x Cheryl Wink x 4 2 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Page 6 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER SIERRA BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTIONS 1(E)(1)(2)(3) 2, 7(B)(1)(2), 7(H)(2)(3), 7(I(2), 20(A)(B)(C)(D)(E)(G)(H)(I)(J)(K)(L)(M)(N), 9(F)(2) TITLE 16, CHAPTER 3, SECTIONS 2(B)(3)(4)(5), 2(D)(4), TITLE 16, CHAPTER 5, SECTIONS 2(C(9), (D)(3), 4(C)(2)(b), TITLE 16, CHAPTER 6, SECTION 1, (C)(4) ) AND TITLE 16, CHAPTER 6, SECTION 14 ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES TO THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ADOPTION OF THE ENGLEWOOD TRANSIT STATION AREA SPECIFIC PLAN AS A SUPPLEMENTARY REGULATORY DOCUMENT REFERENCED IN TITLE 16, UNIFIED DEVELOPMENT CODE as amended. For Against Abstained Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Joe Anderson x Rita Russell x Steven Ward x 5 1 0 Motion CARRIED. ii) CB 38 - CityCenter/Englewood Station Rezoning: Amendment of the City of Englewood Official Zoning Map to Rezone CityCenter Englewood from PUD Planned Unit Development to MU-B-1 Mixed Use Central Business District and Adoption of the Englewood TSA Specific Plan Overlay District. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra Motion to approve Council Bill No. 38. Motion WITHDRAWN Moved by Council Member Rita Russell Motion to amend Council Bill 38 to return 51% of the ground floor to dedicated retail space. Motion WITHDRAWN Discussion ensued regarding procedural options to amend Council Bill No. 37. Page 7 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Moved by Council Member Steven Ward Seconded by Council Member Rita Russell Motion to reconsider Agenda Item 11(a)(i), Council Bill No. 37. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Rita Russell (Seconded By) x Steven Ward (Moved By) x Cheryl Wink x 6 0 0 Motion CARRIED. Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Motion to amend Council Bill No. 37 to require 51% retail on the ground level. Discussion ensued regarding the retail floor space amendment. Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Motion to amend Council Bill No. 37 to require 51% retail on the ground level. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Rita Russell (Moved By) x Steven Ward (Seconded By) x Cheryl Wink x 1 5 0 Motion DEFEATED. Moved by Council Member Othoniel Sierra Seconded by Council Member Linda Olson Page 8 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER SIERRA AS PREVIOUSLY ADOPTED (amended) BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTIONS 1(E)(1)(2)(3) 2, 7(B)(1)(2), 7(H)(2)(3), 7(I(2), 20(A)(B)(C)(D)(E)(G)(H)(I)(J)(K)(L)(M)(N), 9(F)(2) TITLE 16, CHAPTER 3, SECTIONS 2(B)(3)(4)(5), 2(D)(4), TITLE 16, CHAPTER 5, SECTIONS 2(C(9), (D)(3), 4(C)(2)(b), TITLE 16, CHAPTER 6, SECTION 1, (C)(4) ) AND TITLE 16, CHAPTER 6, SECTION 14 ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES TO THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ADOPTION OF THE ENGLEWOOD TRANSIT STATION AREA SPECIFIC PLAN AS A SUPPLEMENTARY REGULATORY DOCUMENT REFERENCED IN TITLE 16, UNIFIED DEVELOPMENT CODE. For Against Abstained Linda Olson (Seconded By) x Othoniel Sierra (Moved By) x Joe Anderson x Rita Russell x Steven Ward x Cheryl Wink x 5 1 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER ANDERSON BILL FOR AN ORDINANCE AMENDING THE “OFFICIAL ZONE DISTRICT MAP” OF THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson (Moved By) x Rita Russell x Steven Ward x Cheryl Wink x 5 1 0 Page 9 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Item 9 (b) (i-ii).) c) Resolutions and Motions i) Award of Contract to Elite Surface Infrastructure for the construction of the 2021 Mill and Overlay Project. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Approval of a contract with RME Ltd. (dba Elite Surface Infrastructure) for the Construction of 2021 Mill and Overlay Project in the amount of $2,293,616.65. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6402(4)(a); ii) Executive Session for discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra Page 10 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Motion to table Agenda Item 12(a)(ii), Executive Session regarding a personnel matter to the September 7th Special/Regular meeting. For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Joe Anderson x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra MOTION TO MOVE INTO EXECUTIVE SESSION TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. SECTION 24-6402(4)(A); For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Joe Anderson x Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. The meeting recessed at 9:21 p.m. to go into Executive Session. The meeting reconvened at 10:07 p.m. with all Council Members present. Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra TO CLOSE THE EXECUTIVE SESSION For Against Abstained Linda Olson (Moved By) x Othoniel Sierra (Seconded By) x Joe Anderson x Page 11 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF Hybrid City Council Special/Regular August 16, 2021 Rita Russell x Steven Ward x Cheryl Wink x 6 0 0 Motion CARRIED. 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 b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment Roll call was taken to adjourn the meeting - Six Ayes. The meeting adjourned at 10:16 p.m. City Clerk Page 12 of 12 DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF