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Home My WebLink About2022-06-27 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, June 27, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session a) Members of the Leadership Team and Finance Department were present to review the Preliminary 2023 Operating & Staff Prioritized Capital Requests The meeting recessed at 8:00 p.m. for a break. The meeting reconvened at 8:06 p.m. with six Council Members present (Council Member Wink was absent). 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 8:06 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 - attended virtually Council Member Rita Russell Council Member Jim Woodward COUNCIL ABSENT: Council Member Cheryl Wink STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk McKinnon Assistant City Manager Dodd Director of Community Development Power Director of Finance Loh Director of Utilities and South Platte Renew Van Ry Page 1 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 Director of Human Resources Weiske Director of Information Technology King Director of Parks, Recreation, Library and Golf Underhill Director of Communications Harguth Court Administrator Julien Deputy Director of Business Solutions Stone, Utilities Deputy Director of Engineering and Asset Management Hoos, Public Deputy Director of Information Technology Isenbart Works Deputy Director of Operations and Maintenance Goodman, Utilities Concrete Utility and Street Maintenance Program Manager Neal, Public Works Capital Project Engineer Keener, Public Works Planner II Sampson, Community Development Website & Digital Content Strategist Magnuson, Communications Administrator Hunnicutt, Information Technology Officer Falatko, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of June 20, 2022. Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 20, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Communications, Proclamations, or Appointments. 7 Recognition of Scheduled Public Comment There were no citizens signed up for scheduled public comment. Page 2 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 8 Recognition of Unscheduled Public Comment a) Kathleen Bailey, an Englewood resident, addressed Council regarding City infrastructure. Mayor Sierra responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(c)(iv) from Consent Agenda. Moved by Mayor Pro Tem Ward seconded by Council Member Woodward to approve Consent Agenda Items 9(a)(i), 9(b)(i-ii) and 9(c)(i-iii)). a) Approval of Ordinances on First Reading i) CB 33 - Amending EMC 5-1-5, 4-1-1 to comply with new state law exempting non-local retailers from sales, use tax license COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 5-1-5 AND 4-4-1 TO COMPLY WITH COLORADO LAW ON SALES AND USE TAX LICENSE EXEMPTIONS, AND TO REVISE LANGUAGE OF THOSE CODE SECTIONS FOR CONSISTENCY IN STYLE. b) Approval of Ordinances on Second Reading. i) CB 28 - Proposed rate increase for the Stormwater Utility Fund in order to access State Revolving Loan funding ORDINANCE NO. 30 SERIES OF 2022 (COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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. ii) CB 32 - This is an amendment to the original IGA with MHFD for the LDC Plaza Improvement Project requesting an additional $100,000 in matching funds to complete the active construction project. ORDINANCE NO. 31 SERIES OF 2022 (COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER ANDERSON) Page 3 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT dba MILE HIGH FLOOD DISTRICT AND THE CITY OF ENGLEWOOD. c) Resolutions and Motions i) Contract for the 2022 Slurry Seal Project to A-1 Chipseal for the 2022 Slurry Seal Project. Approval of a contract with A-1 Chipseal for the 2022 Slurry Seal Project in the amount of $176,429.60. ii) Change order with Brannan Construction Company for as-needed emergency water line repairs. Approval of a change order to the Purchase Order #2022-00000081 with Brannan Construction Company, in the amount of $40,000, for as- needed emergency water line repairs. If approved, this change order brings the total PO authorization for Brannan to $130,000. iii) Change order with C&L Water Solutions, Inc. for as-needed emergency water line repairs. Approval of a change order to the Purchase Order #2022-00000080 with C&L Water Solutions, Inc., in the amount of $40,000, for as- needed emergency water line repairs. If approved, this change order brings the total PO authorization for C&L to $130,000. iv) Change order with Global Underground Corp. for as-needed emergency water line repairs. [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 Jim Woodward Approval of a change order to the Purchase Order #2022-00000070 with Global Underground Corp., in the amount of $40,000, for as-needed emergency water line repairs. If approved, this change order brings the total PO authorization for Global to $130,000. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Page 4 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward Motion to approve Consent Agenda items 9(a)(i), 9(b)(i-ii) and 9(c)(i-iii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) x 6 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 34 - Ballot questions for revisions to the City of Englewood's Charter Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Motion to approve Council Bill No. 34 Discussion ensued. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Page 5 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 Motion to amend Council Bill No. 34, question #2, by removing "To allow flexibility and update language" and adding "In accordance with State law" prior to the word shall. For Against Abstained Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Othoniel Sierra x Steven Ward x Rita Russell x Jim Woodward x 3 3 0 Motion DEFEATED. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Motion to amend Council Bill No. 34, question #2, by striking the language before "shall". For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 8, 2022, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON AS AMENDED. Page 6 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. ii) CB 35 - Ballot questions regarding two taxation-related items Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Motion to approve Council Bill No. 35. Discussion ensued. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp Motion to amend item Council Bill No. 35 by removing the language in parentheses referring to sales tax percentage. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 2 4 0 Motion DEFEATED. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra Motion to amend Council Bill No. 35 by removing 3.6% and 3.7% respectively from both ballot questions. For Against Abstained Page 7 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 Othoniel Sierra (Seconded By) x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 2 4 0 Motion DEFEATED. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to amend the language of both ballot questions to say "add 1/5 of one penny per dollar spent to the existing sales tax of 3.5 cents" and "add 1/10 of one penny per dollar spent to the existing sales tax of 3.5 cents". For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE SUBMITTING AND REFERRING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE COORDINATED ELECTION CONDUCTED BY MAIL BALLOT TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, TWO QUESTIONS AUTHORIZING A CITY OF ENGLEWOOD SALES AND USE TAX INCREASE OF $2,937,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN ADDITIONAL SALES AND USE TAX OF 0.1% AND 0.2% FOR THE PURPOSE OF IMPROVING AND MAINTAINING VITAL CITY SERVICES AND PROVIDING THE FORM OF THE BALLOT TITLE AND CONTENT AS AMENDED. For Against Abstained Page 8 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 4 2 0 Motion CARRIED. b) 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) Appointment of Voting, Alternate Voting, and Non-Voting Englewood Representatives to Opioid Settlement Arapahoe Regional Council Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Approval of the appointment of Mayor Pro Tem Steve Ward as the City of Englewood's representative to the Arapahoe Regional Council. Approval of Mayor Sierra to appoint a voting member and an alternate rotating voting member to represent the cities of Englewood, Littleton, and Sheridan. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session for Purposes of Attorney-Client Privilege to discuss a breach of contract matter, and to discuss legal issues regarding modifying Page 9 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 security measures for City Council meetings under C.R.S. Section 24-6- 402(4)(b);. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO TWO EXECUTIVE SESSIONS FOR THE PURPOSES OF ATTORNEY-CLIENT PRIVILEGE TO DISCUSS A BREACH OF CONTRACT MATTER, AND TO DISCUSS LEGAL ISSUES REGARDING MODIFYING SECURITY MEASURES FOR CITY COUNCIL MEETINGS UNDER C.R.S. Section 24-6-402(4)(b); For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. The meeting recessed at 9:08 p.m. to go into Executive Session. Per policy, Council Member Nunnenkamp was unable to attend the Executive Session because she was attending the meeting virtually. The meeting reconvened at 10:08 p.m. with all five Council Members present. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO CLOSE THE TWO EXECUTIVE SESSIONS. For Against Abstained Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x 5 0 0 Motion CARRIED. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial Page 10 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5 City Council Regular June 27, 2022 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 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:10 p.m. City Clerk Page 11 of 11 DocuSign Envelope ID: CC76FFD7-0203-4F5F-82D3-447721DA8DB5