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Home My WebLink About2019-06-24 (Regular) Meeting MinutesMINUTES City Council Regular Meeting Monday, June 24, 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 7:08 p.m. 2 Invocation The invocation was given by Council Member Martinez. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Martinez. 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 Power, Community Development Distribution and Collections Superintendent Robinson, Utilities Department Acting Director Lee, Parks/Recreation and Library Executive Assistant Severa, Parks/Recreation and Library Technical Support Specialist II Munnell, Information Technology Commander Fender, Police Department Page 1 of 10 5 Officer Hume, Police Department Consideration of Minutes of Previous Session City Council Regular June 24, 2019 a) Minutes of the Regular City Council Meeting of June 10, 2019. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 10, 2019 AS AMENDED. For Against Abstained Rita Russell (Moved By) x Cheryl Wink (Ssoondsd By) x Linda Olson x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x AmyMa~nez x 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of June 17, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JUNE 17, 2019. 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. 6 Recognition of Scheduled Public Comment Page 2 of 10 a) Marcy Brown, an Englewood resident, addressed Council regarding new development in the City. 7 Recognition of Unscheduled Public Comment a) Cynthia Searfoss, an Englewood resident, addressed Council regarding Council Bill No. 22 (Parks Rules and Regulations). b) C. Ann Dickerson, an Englewood resident, addressed Council regarding Council Bill No. 22 (Park Rules and Regulations). c) Vicki Hoffman addressed Council regarding flooding. d) Linda Gornbein, an Englewood resident, addressed Council regarding an incident at her house. Council Member Wink Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Approval of Board and Commission Appointments July 1, 2019 Appointments Alliance for Commerce in Englewood Jason Whyte-Regular-71112022 (reappointment) Budget Advisory Committee Chelsea Nunnekamp-Regular-7/1/2020 Donna Woods-Regular -7/1/2022 Joel Moore -Regular-7/112022 Code Enforcement Advisory Committee Colleen Moore -Regular-211/2020 (reappointment) Matthew Collins -Regular-211/2020 Fuire Giusti-Regular-711/2021 Carson Green -Regular-711/2021 Cultural Arts Commission Dana Foulks-Regular-7/1/2022 (reappointment) Leabeth Pohl-Regular-7/1/2022 (reappointment) Keep Englewood Beautiful Hedy Anselman -Regular-21112020 Margot Flynn-Regular-211/2020 Planning and Zoning Commission City Council Regular June 24, 2019 Page 3 of 10 Kate Fuller-Regular-211/2020 Carl Adams -Alternate -no expiration Transportation Advisory Committee Breann Plasters -Alternate -no expiration Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra Motion approving the appointment of Board and Commission Members. Linda Olson Rita Russell Othoniel Sierra (Seconded By) Laurett Barrentine Dave Cuesta Amy Martinez (Moved By) Cheryl Wink For X X X X X 5 Against Abstained X X 2 0 City Council Regular June 24, 2019 Motion CARRIED. 9 Consent Agenda Items Moved by Mayor Pro Tern Russell seconded by Council Member Wink to approve Consent Agenda Items 9(b)(Hii). a) Approval of Ordinances on First Reading There were no Ordinances on First R~ading. b) Approval of Ordinances on Second Reading. i) CB 17 -Participation in the Metro Mortgage Assistance Plus Program ORDINANCE NO. 26, SERIES OF 2019 (COUNCIL BILL NO. 17, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE AUTHORIZING AND APPROVING CITY OF ENGLEWOOD'S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF THE DELEGATION AND PARTICIPATION Page 4 of 10 City Council Regular June 24, 2019 AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. ii) CB 24 -VALE Grant Acceptance ORDINANCE NO. 27, SERIES OF 2019 (COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. iii) CB 28 -2009 Series Bond Refunding ORDINANCE NO. 28, SERIES OF 2019 (COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING THE ISSUANCE BY CITY OF ENGLEWOOD OF A GENERAL OBLIGATION REFUNDING NOTE TO EVIDENCE A LOAN INCURRED FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY BONDS AT A LOWER INTEREST RA TE; AND PROVIDING FOR THE PAYMENT AND CANCELLATION OF THE REFUNDED BONDS, FOR THE LEVY OF PROPERTY TAXES TO PAY THE NOTE AND OTHER DETAILS IN CONNECTION THEREWITH. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9 (b)(i-iii) 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. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Items 11 ( c)(i- ii).) Page 5 of 10 City Council Regular June 24, 2019 1 O Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading i) CB 22 -Park Rules and Regulations Discussion ensued regarding Council Bill No. 22 Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to amend Council Bill No.22, keeping 1 (a)(b)(c) (ci) and (cii) removing (c)(iii, iv and v). Linda Olson Rita Russell (Seconded By) Othoniel Sierra Laurett Barrentine (Moved By) Dave Cuesta Amy Martinez Cheryl Wink For X X X 3 Against X X X X 4 Abstained 0 Motion DEFEATED. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to approve Council Bill No. 22 in full. ORDINANCE NO. 29, SERIES OF 2019 (COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WINK) 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 REGULATIONS IN Page 6 of 10 City Council Regular ASSOCIATION 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 Othoniel Sierra (Seconded By) X Cheryl Wink (Moved By) X Linda Olson X Rita Russell Laurett Barrentine Dave Cuesta X Amy Martinez X 5 ii) CB 27 -Wastewater System Service Agreement Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell Against Abstained X X 2 0 Motion CARRIED. ORDINANCE NO. 30, SERIES OF 2019 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SAN/TA TION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINE OF THE DISTRICT LOCATED WITHIN THE CITY BOUNDARIES. For Against Abstained Linda Olson X Rita Russell (Seconded By) X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Amy Martinez X Cheryl Wink (Moved By) X 7 0 0 June 24, 2019 Motion CARRIED. c) Resolutions and Motions i) Resolution regarding salary adjustment of the City Attorney Page 7 of 10 City Council Regular Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Motion approving a Resolution regarding the salary adjustment of the City Attorney to include a 4. 5% increase. RESOLUTION NO. 51, SERIES OF 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Arny Martinez (Moved By) X Cheryl Wink (Seconded By) X Linda Olson X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X 5 2 0 Motion CARRIED. ii) Resolution approving City Manager Contract Discussion ensued regarding the City Manager contract and appointment. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink RESOLUTION NO. 52, SERIES OF 2019 A RESOLUTION APPOINTING JAMES (SHAWN) LEWIS AS CITY MANAGER OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson X Rita Russell X Othoniel Sierra X Laurett Barrentine X Dave Cuesta X Arny Martinez (Moved By) X Cheryl Wink (Seconded By) X 5 2 0 June 24, 2019 Page 8 of 10 City Council Regular June 24, 2019 Motion CARRIED. The meeting recessed at 9:15 p.m. for a break The meeting reconvened at 9:25 p.m. with all Council Members present. 12 General Discussion a) Mayor's Choice i) Executive Session-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), focusing upon matters of current and/or anticipated litigation and legal analysis of City's position. Moved by Council Member Linda Olson Seconded by Council Member Othoniel Sierra TO MOVE INTO EXECUTIVE SESSION 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)(8), FOCUSING UPON MATTERS OF CURRENT AND/OR ANTIC/PA TED LIT/GA TION AND LEGAL ANALYSIS OF CITY'S POSITION. For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. The meeting recessed at 9:26 p.m. to go into Executive Session. The meeting reconvened at 10:25 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 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 Page 9 of 10 City Council Regular session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None 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 La1,1rett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager's Report 14 City Attorney's Report 15 Adjournment The meeting adjourned at 10:33 p.m. June 24, 2019 Page 10 of 10