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Home My WebLink About2019-02-19 (Regular) Meeting MinutesEnglewood CO LO~JU)O MINUTES City Council Regular Meeting Tuesday, February 19, 2019 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 7:09 p.m. 2 Invocation The invocation was given by Council Member Wink 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Wink 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 City Clerk Carlile Deputy City Clerk McKinnon Director D'Andrea, Public Works Director Brennan, Utilities Director Sobota, Finance and Administrative Services Director Gonzalez, Human Resources Director Power, Community Development Director Sobota, Finance and Administrative Acting Director Lee, Parks/Recreation and Library Redevelopment Manager Poremba, Community Development Page 1 of 12 City Council Regular February 19, 2019 Revenue and Tax Audit Supervisor Driscoll, Finance and Administrative Services Technical Support Specialist II Munnell, Information Technology Police Chief Collins, Police Department Police Commander Fender, Police Department Police Officer Martinez, Police Department Police Officer Hume, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of February 4, 2019. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 4, 2019. Discussion ensued. Moved by Council Member Amy Martinez· Seconded by Council Member Cheryl Wink Motion to table the Minutes of the February 4, 2019 Regular City Council Meeting to the Regular City Council Meeting of March 4, 2019. For Against Abstained 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 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Olivia Casa-Monday, an Englewood resident, addressed Council regarding Friends of Englewood Parks. b) Kate Truesdale, an Englewood resident, addressed Council regarding Friends of Englewood Parks. c) Kathleen Bailey, an Englewood resident, addressed Council regarding the 1999 storm drainage infrastructure study. Page 2 of 12 City Council Regular February 19, 2019 d) Vicki Hoffmann addressed Council regarding drainage. e) C. Ann Dickerson, an Englewood resident, was scheduled to address Council but was not present. JJ Margiotta, an Englewood resident, took her place and addressed Council regarding Council matters. f) Joe Anderson, an Englewood resident, addressed Council regarding ideas to strengthen neighborhood relationships. g) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Mike Jones, an Englewood resident, addressed Council regarding competency. b) Chris Duis, an Englewood resident, addressed Council regarding trash and upkeep of homes. c) Jerry Walker, an Englewood resident, addressed Council regarding the metal detectors at the door and Council. d) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. e) Janice Brown, an Englewood resident, addressed Council regarding CASE. f) Christine Brinker, an Englewood resident, addressed Council regarding trash. g) Colin Haggerty, an Englewood resident, addressed Council regarding alley paving. Council Member Barrentine responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Mayor Pro Tern Rita Russell removed Agenda Item 9 (c) (i) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB 5 -Cherry Hills Village Wastewater Connector's Agreement Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER Page 3 of 12 City Council Regular February 19, 2019 RUSSELL A BILL FOR AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN THE CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. 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. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading. c) Resolutions and Motions i) Meadow Creek Flume Replacement and Telemetry Installation [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 Cheryl Wink Motion approving a contract with Denver Water for flume replacement and telemetry Installation in the amount of $134,087.00. 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 Page 4 of 12 City Council Regular February 19, 2019 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 6 -Standard Definitions Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Motion CARRIED. COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTIONS 2, 4-2, AND 5-2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, ALL PERTAINING TO SALES AND USE TAX DEFINITIONS, INCLUDING MOVING CERTAIN DEFINITIONS INTO THE APPLICABLE EXEMPTION SECTIONS OF THE CODE. For 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 b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading. c) Resolutions and Motions i) 2019 Fee and Rate Schedule Resolution Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Against Abstained 0 0 Motion CARRIED. Page 5 of 12 City Council Regular February 19, 2019 A RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Othoniel Sierra Seconded by Council Member Amy Martinez Motion to amend new fees, keep with the $35. 00 turn off fee, remove the turn on fee and remove the additional 2. 5% penalty increase. For X Against Abstained Linda Olson Rita Russell Othoniel Sierra (Moved By) Laurett Barrentine Dave Cuesta Amy Martinez (Seconded By) --· ClierylWiliK------- X X 3 X X X -x-- 4 Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell RESOLUTION NO; 36, SERIES OF 2019 0 Motion DEFEATED. A RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO AS AMENDED: • REMOVE THE ADDITIONAL 2.5% PENAL TY INCREASE • EL/MINA TE THE $20. 00 INCREASE TO THE TURN OFF FEE • ELIMINATE THE TURN ON FEE OF $35.00 For Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta Amy Martinez Cheryl Wink X X 6 Against X 1 Abstained 0 Motion CARRIED. Page 6 of 12 City Council Regular February 19, 2019 ii) Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve a Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with ground lease matters and redevelopment issues associated with the upcoming sale of the former Weingarten Realty property at City Center in the amount of $90,000.00 for Year 1. For Othoniel Sierra (Moved By) X Cheryl Wink {Seconded By) X Linda Olson X Rita Russell Laurett Barrentine Dave Cuesta X Amy Martinez X 5 iii) DOI Training Contract Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Against Abstained X X 2 0 Motion CARRIED. Motion to approve a contract with Development Dimensions International, Inc. (DOI) to provide customized training for all city employees in the amount of $195,000.00. For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez (Seconded By) X Cheryl Wink (Moved By) X 7 0 0 Motion CARRIED. iv) DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial Page 7 of 12 contribution -Oxford Pedestrian Bridge Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra City Council Regular February 19, 2019 Motion to approve the Mayor signing a letter of support and financial contribution of $400,000 in support of the city of Englewood's subregional ORCOG/Arapahoe County grant submittal for the Oxford Pedestrian Bridge. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 7 0 0 Motion CARRIED. v) DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution -US 285/Broadway Interchange Reconstruction vi) Moved by Council Member Othoniel Sierra Seconded by Council Member Amy Martinez Motion to approve the Mayor signing a letter of support and financial contribution of $1, 100,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285/Broadway Interchange Reconstruction. For Against Abstained 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 0 0 Motion CARRIED. DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - ,j Page 8 of 12 City Council Regular February 19, 2019 Authorization for Mayor to sign a letter of support, including financial contribution -US 285 Congestion Mitigation and Operational Improvements Study Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to approve the Mayor signing a letter of support and financial contribution of $140,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285 Congestion Mitigation and Operations Improvements Study. For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez (Seconded By) X Cheryl Wink (Moved By) X 7 0 0 Motion CARRIED. vii) Slate Communications Contract for Communications Support Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra Motion to approve a contract with Slate Communications to provide communications support, including production of the quarterly Citizen magazine and Recreation Guide as well as consulting for special events and marketing initiatives as requested in the amount of $50,000. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 7 0 0 Motion CARRIED. Page 9 of 12 12 The meeting recessed at 9:13 p.m. for a break. City Council Regular February 19, 2019 The meeting reconvened at 9:18 p.m. with all Council Members present General Discussion a) Mayor's Choice i) Executive Session for a conference with the City Attorney for the purpose of receiving legal advice to review active litigation and issues associated with active litigation under C.R.S. Section 24-6-402(4)(b). Council requested Agenda Item 12 (a) (ii) be addressed first. ii) Executive Session for discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402 and for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). This is specifically regarding the Civic Center building and other buildings owned by the City. TO MOVE INTO EXECUTIVE SESSION FOR DISCUSSION OF SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS OR INVESTIGATIONS UNDER C.R.S. SECTION 24-6-402 AND WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R. S. SECTION 24-6-402(4)(b). Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez For Linda Olson (Moved By) X Rita Russell X Othoniel Sierra X Laurett Barrentine Dave Cuesta Amy Martinez (Seconded By) X Cheryl Wink X 5 Motion CARRIED. Against Abstained X X 2 0 Motion CARRIED. The meeting recessed at 9:22 p.m. to go into Executive Ses$ion. The meeting reconvened at 9:56 p.m. with all Council Members present. Moved by Council Member Rita Russell . __ j Page 10 of 12 -----. -·-···---~--------------· ·----·- City Council Regular February 19, 2019 Seconded by Council Member Cheryl Wink TO CLOSE THE EXECUTIVE SESSION. 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. 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. No concerns were stated. Mayor Olson got consensus from Council to table the Executive Session (Agenda Item 12 (a) (i) regarding a conference with the City Attorney for the purpose of receiving legal advice to review active litigation and issues associated with active litigation under C.R.S. Section 24-6-402(4)(b).) to a later meeting. b) Council Members' Choice 13 City Manager's Report 14 ~ity Attorney's Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 10:35 p.m. Page 11 of 12 !}Clerk City Council Regular February 19, 2019 Page 12 of 12