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Home My WebLink About2019-05-20 (Regular) Meeting MinutesEnglewood ( 0 I. (HH.\ tH) MINUTES City Council Regular Meeting Monday, May 20, 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 7:13 p.m. 2 Invocation The invocation was given by Member Martinez 3 Pledge of Allegiance The Pledge of Allegiance was led by Member Barrentine 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 Deputy City Attorney Comer Assistant City Clerk Truscott Read Director Sobota, Finance and Administrative Services Director Gonzalez, Human Resources Director D'Andrea, Public Works Director Powers, Community Development Acting Director Lee, Parks/Recreation and Library Planning Manager Burkholder, Community Development Executive Assistant Fenton, Community Development Page 1 of 16 City Council Regular May 20, 2019 Economic Development Manager Hollingsworth, Community Development Planner II Sampson, Community Development Traffic Engineer Huffine, Public Works Technical Support Specialist II Munnell, Information Technology Police Commander Fender, Police Department Police Officer Garrett, Police Department · Police Officer Douglas, Police Department 6 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of May 6, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 6, 2019. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x AmyMa~nez x Cheryl Wink x 7 0 0 Motion CARRIED . . 6 Recognition of Scheduled Public Comment a) Dustin Jones with Ogilvie Properties, Inc. addressed Council regarding the Alta Englewood PUD. b) Kelsey Renner, an Englewood resident, addressed Council regarding the AL TA Englewood PUD. c) d) [Point of Order: Brought forward by Member Barrentine regarding accepting materials after pubic hearings have closed and discussion ensued.] JJ Margiotta, an Englewood resident, was scheduled to address Council but was not present. Jerry Walker, an Englewood resident, addressed Council regarding the Code Enforcement Advisory Committee (CEAC). Page 2 of 16 City Council Regular May 20, 2019 e) Elaine Hults, an Englewood resident, addressed Council regarding the needs of the City. f) Kathleen Bailey, an Englewood resident, addressed Council regarding honoring our incredible police officers. g) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Vicki Hoffmann, an Englewood resident, addressed Council regarding emergency management. b) Judy Dunlop, an Englewood resident, addressed Council regarding the Alta Englewood PUD. c) Bob Pailet addressed Council regarding the Alta Englewood PUD. d) Marcy Brown, an Englewood resident, addressed Council regarding affordable housing and development. e) Ivan Erwin, an Englewood resident, addressed Council regarding the Alta Englewood PUD. f) Linda Erwin, an Englewood resident, addressed Council regarding the Alta Englewood PUD. g) Britt Finiks, addressed Council regarding concerns around the Platte river. h) Cindy Powders, an Englewood resident, addressed Council regarding the Alt13 Englewood PUD. i) Sean Sharp, an Englewood resident, addressed Council regarding the Alta Englewood PUD. j) John Hollbens, addressed Council regarding the Alta Englewood PUD. k) Mark Kohler, an Englewood resident, addressed Council regarding the Alta Englewood PUD. I) Linda Gornbein, an Englewood resident, addressed Council regarding the Alta Englewood PUD. m) Carl Adams, an Englewood resident, addressed Council regarding the Alta Englewood PUD. n) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. o) Bill Campbell, an Englewood resident, addressed Council regarding Dartmouth and Sherman zoning appeal. p) Tyler Carner addressed council regarding the Alta Englewood PUD. q) Steven Mullhern , an Englewood resident, addressed Council regarding the Alta Englewood PUD. r) Maureen White, an Englewood resident, addressed Council regarding safety Page 3 of 16 City Council Regular May 20, 2019 and emergency management. s) Marcus Pachner addressed Council regarding the Alta Englewood PUD. Council Member Cuesta Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Declaring May 23, 2019 as Englewood Creates Day Celebrating Artists, Entrepreneurs and Creative Businesses in Englewood. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink TO APPROVE A PROCLAMATION DECLARING MAY 20, 2019 AS ENGLEWOOD CREATED DAY ARTISTS, ENTREPRENEURS AND CREATIVE BUSINESS IN ENGLEWOOD. 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. 9 Consent Agenda Items Mayor Pro Tern Russell and Member Barrentine removed Agenda Item 9(a)(i-ii) and 9(c)(i-iii) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB 21 -Small Cell License Agreement Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 21, INTRODUCED BY MAYOR PRO TEM RUSSELL Page 4 of 16 City Council Regular May 20, 2019 A BILL FOR AN ORDINANCE AUTHORIZING THE ADMINISTRATIVE APPROVAL SMALL CELL LICENSE AGREEMENTS. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.} For Against Abstained Rita Russell (Moved By) X Cheryl Wink (Seconded By) X Linda Olson X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X 7 0 0 Motion CARRIED. ii) CB 23 -IGA Amendment for Englewood Trolley Cost Sharing Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez COUNCIL BILL NO. 23, INTRODUCED BY MAYOR PRO TEM RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING A FIFTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE ENGLEWOOD TROLLEY COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION Di STRICT AND THE CITY OF ENGLEWOOD. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.} For Rita Russell (Moved By) x Othoniel Sierra x Linda Olson x Laurett Barrentine x Dave Cuesta Amy Martinez (Seconded By) Cheryl Wink X X X 7 Against Abstained 0 0 Motion CARRIED. Page 5 of 16 City Council Regular May 20, 2019 b) Approval of Ordinances on Second Reading. i) CB 18 -MOU City of Englewood and Arapahoe County Sheriff MARS truck ORDINANCE NO. 22, SERIES OF 2019 (COUNCIL BILL NO. 18, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, ACTING ON BEHALF OF THE ARAPAHOE COUNTY SHERIFF'S OFFICE (ACSO) AND THE LAW ENFORCEMENT AGENCIES IN THE NORTH CENTRAL REGION/URBAN AREA SECURITY INITIATIVE (NCRIUASJ) THATHAVE COMMAND OVER SINGLE OR MUL Tl AGENCY TACTICAL TEAMS: ADAMS COUNTY SHERIFF'S OFFICE, AURORA POLICE DEPARTMENT, BOULDER COUNTY SHERIFF'S OFFICE, BOULDER POLICE DEPARTMENT, BROOMFIELD POLICE DEPARTMENT, CLEAR CREEK COUNTY SHERIFF'S OFFICE, COMMERCE CITY POLICE DEPARTMENT (COMMERCE CITY-BRIGHTON SWAT), DENVER POLICE DEPARTMENT (DPD), DOUGLAS COUNTY SHERIFF'S OFFICE, ENGLEWOOD POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, JEFFERSON COUNTY SHERIFF'S OFFICE, LAKEWOOD POLICE DEPARTMENT (WEST METRO SWAT), LITTLETON, POLICE DEPARTMENT, THORNTON POLICE DEPARTMENT (NORTHGLENN-THORNTON SWAT), STMINSTER POLICE DEPARTMENT, ("PARTICIPATING AGENCY'? (COLLECTIVELY, "PARTICIPATING AGENCIES" OR "PARTIES'?, IN CONNECTION WITH THE USE OF THE MOBILE ADJUSTABLE RAMP SYSTEM (MARS) TRUCK. ii) CB .19 -South Platte River I GA ORDINANCE NO. 23, SERIES OF 2019 (COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING 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 A VENUE 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 Page 6 of 16 City Council Regular May 20, 2019 CITY OF SHERIDAN, THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT AND CITY OF LITTLETON. c) Resolutions and Motions i) Crosswalk Guidelines Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Motion to approve the proposed Marked Crosswalk Guidelines. Discussion ensued. Moved by Council Member Rita Russell Seconded by Council Member La1,1rett Barrentine Motion to table this agenda item for review at a city council study session. Linda Olson Rita Russell (Moved By) Othoniel Sierra Laurett Barrentine (Seconded By) Dave Cuesta Amy Martinez Cheryl Wink For X X X X 4 Against X X X 3 Abstained 0 Motion TAB LED ii) A Request to Transfer Funds from the General Fund to the Public Improvement Fund for the Oxford Avenue: First and Last Mile Connection Grant Match Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra RESOLUTION NO. 46, SERIES OF 2019 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR THE OXFORD A VENUE: Fl RST AND LAST MILE CONNECTIONS PROJECT. Page 7 of 16 City Council Regular May 20, 2019 [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 7 0 0 Motion CARFZIED. iii) Contract for Purchase of Sand, Aggregate, and Road Materials Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink RESOLUTION NO. 47, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF SAND, AGGREGATE AND ROAD MATERIAL UNDER THE TERMS OF THE CITY OF THORNTON COLORADO FRONT RANGE MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] 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. Moved by Council Member Rita Russell Page 8 of 16 City Council Regular May 20, 2019 Seconded by Council Member Othoniel Sierra Motion to approve Consent Agenda Items 9(b)(i-ii). For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. 1 O Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 22 -Park Rules and Regulations Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOC/A TION WITH ADOPTING BY ORDINANCE CERTAIN RULES AND REGULA T/ONS IN ASSOC/A TION WITH ANY PARK, RESERVATION, PLAYGROUND, BEACH/SHORELINE, OR ANY OTHER OPEN AREA IN THE CITY, OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR PERMANENT BASIS. For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra (Seconded By) X Laurett Barrentine X Page 9 of 16 City Council Regular May 20, 2019 Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. ii) CB 1 -Ordinance to approve the AL TA Englewood Station Planned Unit Development -District Plan Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR At\/ ORDINANCE APPROVING THE ALTAENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) DISTRICT PLAN LOCATED AT 1070 WEST HAMPDEN A VENUE IN THE CITY OF ENGLEWOOD, COLORADO. Linda Olson Rita Russell Othoniel Sierra (Seconded By) Laurett Barrentine Dave Cuesta Amy Martinez Cheryl Wink (Moved By) For X X X 3 Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Against X X X X 4 Abstained 0 Motion DEFEATED. Motion to move agenda item 12(a)(i) after 11(a)(ii) after recess and to review moving forward with the agenda after the executive session. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta x AmyMa~nez x Page 10 of 16 City Council Regular May 20, 2019 Cheryl Wink X 7 0 The meeting recessed at 9:54 p.m. for a break. 0 Motion CARRIED. The meeting reconvened at 10:01 p.m. with all Council Members present. 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) Award of Contract to TerraCare Associates, LLC for EEF Landscaping and Ground Maintenance Services Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of a contract with TerraCare Associates, LLC for landscaping, day porter, and ground maintenance services on the Englewood Environmental Foundation (EEF) property in an amount not to exceed $133,500. 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. ii) Englewood Environmental Foundation (EEF) Audit Contract with Eide Bailly Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Page11of16 City Council Regular May 20, 2019 Approval of a contract with Eide Bailly to audit Englewood Environmental Foundations (EEF) not to exceed $73,340.00. For Against Abstained Linda Olson x Rita Russell (Moved By) x. Othoniel Sierra x Laurett Barrentine (Seconded x By) Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. iii) Police Headquarters Building Project: Award of Contract to Clear~Armor, LLC for Ballistic Glass Film Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez RESOLUTION NO. 48, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF BALLISTIC FILM LAMINA THE NORTH FACING POLICE HEADQUARTERS WINDOWS. 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 Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine 0 Motion CARRIED. MOTION TO TABLE AGENDA ITEMS 11(c)(iv) and 11(c)(v) TO BE CONSIDERED AT THE JUNE 10, 2019 REGULAR COUNCIL MEETING. Page 12 of 16 City Council Regular May 20, 2019 For Against Abstained Linda Olson X Rita Russell (Moved By) X Othoniel Sierra X Laurett Barrentine (Seconded X By) Dave Cuesta X Amy Martinez X Cheryl Wink X 7 0 0 Motion CARRIED. iv) Handbook for Boards, Commissions and Committees [Clerks note: This agenda item was tabled to be considered at the June 10, 2019 Regular City Council meeting.] v) Resolution regarding salary adjust: City Attorney [Clerks note: This agenda item was tabled to be considered at the June 10, 2019 Regular City Council meeting.] 12 General Discussion a) Mayor's Choice i) 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. [Clerks note: This agenda item was considered after 11(a)(ii).] Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink TO MOVE INTO 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 Page 13 of 16 City Council Regular May 20, 2019 PARTICULAR EMPLOYEES. For Against Abstained Linda Olson (Moved By) X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Seconded By) X 7 0 0 Motion CARRIED. The meeting recessed at 10:02 p.m. toga into Executive Session~ The meeting reconvened at 11:14 p.m. with all Council Members present Mayor Olson recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion ofany 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 were stated. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. Page 14 of 16 b) Council Members' Choice i) Discussion ensued regarding emergency management. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell MOTION TO HA VE THE FIRE MARSHAL COME FORWARD REGARDING THE FLOOD ACTION REPORT AND EMERGENCY MANAGEMENT ISSUES FROM THE JULY 2018 FLOOD. Discussion ensued. Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez MOTION TO HA VE THE CITY MANAGER COME FORWARD AND HA VE A POST AND FUTURE DISCUSSION REGARDING EMERGENCY MANAGEMENT Discussion ensued. Mayor Olson withdrew her motion. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell MOTION TO HA VE THE FIRE MARSHAL COME FORWARD REGARDING THE FLOOD ACTION REPORT AND EMERGENCY MANAGEMENT ISSUES FROM THE JULY 2018 FLOOD. City Council Regular May 20, 2019 For Against X Abstained Linda Olson Rita Russell (Seconded By) X Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta Amy Martinez Cheryl Wink 13 City Manager's Report 14 City Attorney's Report X 4 X X 3 0 Motion CARRIED. Page 15 of 16 16 Adjournment The meeting adjourned at 11 :52 p.m. City Council Regular May 20, 2019 Page 16 of 16