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Home My WebLink About2021-01-04 (Regular) Meeting MinutesMINUTES ID Englewood COLORADO Teleconferenced City Council Regular Meeting Monday, January 4, 2021 Teleconferenced 5:30 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 5:31 p.m. and was held by teleconference. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson. 3 Roll Call COUNCIL PRESENT: COUNCIL ABSENT: STAFF PRESENT: Mayor Linda Olson Mayor Pro Tern Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone None City Manager Lewis City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Assistant to the City Manager Dodd Assistant City Attorney Dorotik Police Chief Collins Director of Public Works D'Andrea Director of Parks, Recreation, Library and Golf Underhill Director of Information Technology Brocklander Director of South Platte Renew and Utilities Van Ry Director of Community Development Power Director of Communications Harguth Director of Human Resources Henger Deputy Director of Utilities Simon Redevelopment Manager Poremba Page 1 of 14 Teleconferenced City Council Regular January 4, 2021 4 Study Session Topic Planning Manager Burkholder Manager of Open Space Lee Golf Course Superintendent Savage Parks Supervisor Torres Parks Supervisor Holt Planner 11 Charles Engineer Ill Assante Network Administrator Hunnicutt The meeting recessed at 5:35 p.m. for a break. The meeting reconvened at 5:39 p.m. with all Council Members present. a) Director of Utilities Van Ry and Carol Malesky from Stantec were present to discuss options to Council for a new Customer Assistance Program (CAP) for Utilities. b) Director of Communications Harguth, Wendy Green Lowe of P2 Solutions, Lesanne Dominguez, and Mark Taylor of The Architerra Group were present to discuss options for inclusion in the final wayfinding and placemaking master plan. recommend that the City Council adopt the concept Love, Englewood c) Director of Human Resources Henger was present to discuss the recommendation to use GovHR for the recruitment process for the City Attorney. City Council reached consensus to move forward with GovHR for the recruitment of the City Attorney. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 7, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAUREGULAR CITY COUNCIL MEETING OF DECEMBER 7, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Page 2 of 14 Teleconferenced City Council Regular January 4, 2021 Rita Russell Cheryl Wink John Stone X X X 7 0 0 Motion CARRIED. b) Minutes of the Regular City Council Meeting of December 14, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAUREGULAR CITY COUNCIL MEETING OF DECEMBER 14, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Community Development Planner II Will Charles presented awards to the winners of the Keep Englewood Beautiful Holiday Lighting Contest. 1st Place For Best Use Of Technology Ron Nelson -4500 South Lipan Street Runner Up For A Trip To The North Pole The Walcott's -Mike, Megan, Maddy, and Maycee 4635 South Knox Court Most Diverse Award Nancy Foster-3301 West Tufts Avenue Tradition Award Ron & Melanie Kloewer -5041 South Elati Street Best Design Award Douglas Haas -4536 South Sherman Street Page 3 of 14 Teleconferenced City Council Regular Best Newcomer Award Josh & Laura Roberts -4135 South Pennsylvania Street Best Use of Video Award Dan Miller -1050 East Dartmouth Avenue Fun For The Whole Family Award Cyndi, Bones, Lexi, Eric, Jeremy & Jennifer -2987 South Cherokee Street Best Theme Award Holly & Josh Vigil -3119 South Fox Street b) Resolution appointing members to various boards, committees and commissions. Moved by Council Member Rita Russell Seconded by Council Member John Stone RESOLUTION NO. 1, SERIES OF 2021 A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD. For Against Abstained Linda Olson X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell (Moved By) X Cheryl Wink X John Stone (Seconded By) X 7 0 0 Motion CARRIED. The meeting recessed at 7:13 p.m. for a break. The meeting reconvened at 7:18 p.m. with all Council Members present. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, submitted written public comment addressing Council regarding the Storm Water Drainage Plan. b) Janice Brown, an Englewood resident, addressed Council regarding Covid-19. c) Jon Liberman, an Englewood resident, addressed Council regarding a recall by petition. d) Marcy Brown, an Englewood resident, addressed Council regarding going January 4, 2021 Page 4 of 14 Teleconferenced City Council Regular January 4, 2021 back to in-person meetings, Council salary, Code Enforcement, short term rentals, homelessness and the City interactive map. e) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. f) Karen Karvonen, an Englewood resident, addressed Council regarding Member Anderson's article in the Citizen magazine. 8 Recognition of Unscheduled Public Comment a) Tim Nichols, an Englewood resident, addressed Council regarding limited government. b) Stephan Strawbridge, an Englewood resident, addressed Council regarding Member Anderson's article from the Citizen magazine. c) Steven Kelly, an Englewood resident, addressed Council regarding off-leash dog parks. Council Member Cuesta Responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Item 9(c)(iii and iv) from Consent Agenda. Moved by Mayor Pro Tern Sierra, seconded by Council Member Wink to approve Consent Agenda Items 9 (b)(i-ii) and 9(c)(i -ii and v). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11 (a)(i-ii).) b) Approval of Ordinances on Second Reading. i) CB 59 -Approve an Easement Agreement with the Colorado Water Conservation Board for property easement necessary to complete the Big Dry Creek Diversion Project. ORDINANCE NO. 1, SERIES OF 2021 (COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE ACCEPTING A GRANT OF A TWENTY-FIVE YEAR NON-EXCLUSIVE EASEMENT FROM THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES FOR THE CONSTRUCTION AND MAINTENANCE OF THE BIG DRY CREEK DIVERSION STRUCTURE, PIPELINE, AND OUTFALL FACILITY INCLUDING HYDROPOWER TO THE CITY OF ENGLEWOOD, COLORADO. Page 5 of 14 Teleconferenced City Council Regular January 4, 2021 ii) CB 61 -The owner of 3649 S Grant Street, is requesting a vacation of the public right of way ORDINANCE NO. 2, SERIES OF 2021 (COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING THE VACA T/ON OF APPROX/MA TEL Y 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, TO KEVIN FAS/NG AND CALEY DOW. c) Resolutions and Motions i) Complete replacement of the driving range netting due to age and failing condition of existing netting which has been in place since 2008. Staff: Dave Lee, Marty Savage Approval of a contract between the City and Judge Netting for the replacement of the driving range netting at Broken Tee Golf Course in the amount of $128,900. ii) Professional Services Agreement for Pump Station Rehabilitation Engineering and Design Services. Approval of a professional services agreement with HOR, in the amount of $304,340, with an additional ten percent staff-managed contingency for a total authorization not to exceed $334,774, to perform engineering services supporting the rehabilitation of four ( 4) Utilities water pump stations iii) 2021 Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (including two, one-year options for the City to extend) [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Approval of a Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (KKR) for 2021 to serve as Special Counsel in connection with various City Center redevelopment matters. For Against Abstained Othoniel Sierra (Moved By) x John Stone (Seconded By) x Page 6 of 14 Teleconferenced City Council Regular January 4, 2021 Linda Olson Joe Anderson Dave Cuesta Rita Russell Cheryl Wink X X X X 6 X 1 0 Motion CARRIED iv) Construction of Phase 2 Improvements to Romans Park. A grant was awarded by Arapahoe County Open Spaces in September 2020 and Council approved an Ordinance of an IGA with Arapahoe County for award of the grant funding in the amount of $350,000. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Approval of a contract for construction of Romans Park Tennis and Playgrounds Phase 2 to the lowest bidder, Singing Hills Landscape, Inc. in the amount of $350,000. For Against Abstained Linda Olson (Moved By) X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink (Seconded By) X John Stone X 7 0 0 Motion CARRIED v) Designation of the Official Posting Place for Legal Notices RESOLUTION NO. 2, SER/ES OF 2021 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9 (b)(i-ii) and 9(c)(i-ii and Page 7 of 14 Teleconferenced City Council Regular January 4, 2021 v). For Against Abstained Linda Olson X Othoniel Sierra (Moved By) X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink (Seconded By) X John Stone X 7 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 01 -Update to Title 7, Chapter 7 regarding Public Aid, Mutual Aid and Emergency Response Moved by Council Member Joe Anderson Seconded by Council Member Rita Russell COUNCIL BILL NO. 01, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 7, SECTIONS 1-9 REGARDING PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson X Othoniel Sierra X Joe Anderson (Moved By) X Dave Cuesta X Rita Russell (Seconded By) X Cheryl Wink X John Stone X 7 0 0 Page 8 of 14 Teleconferenced City Council Regular January 4, 2021 Motion CARRIED. ii) CB 02 -Council Rules and Policies updates: Ethics, Recusal and Financial Conflicts of Interest Moved by Council Member Linda Olson Seconded by Council Member John Stone COUNCIL BILL NO. 02, INTRODUCED BY MAYOR OLSON A BILL FOR AN ORDINANCE AMENDING TITLE 1 BY ADOPTING CHAPTER 11, SECTIONS 1-9 REGARDING ESTABLISHMENT OF A CODE OF ETHICS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson (Moved By) X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink X John Stone (Seconded By) X 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 58 -IGA with Arapahoe County Office of Emergency Management - 1st amendment Moved by Council Member Rita Russell Seconded by Council Member John Stone ORDINANCE NO. 3, SERIES OF 2021 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY. Linda Olson Othoniel Sierra Joe Anderson For X X X Against Abstained Page 9 of 14 Teleconferenced City Council Regular January 4, 2021 Dave Cuesta x Rita Russell (Moved By) x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. c) Resolutions and Motions i) The final grant application is due to FEMA on January 15, 2021. Staff has been working with the Colorado Office of Emergency Management on the grant application who has indicated that letters of support will assist FEMA in evaluating the grant applications. Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Approval for the Mayor to sign a letter of support for the city's FEMA Flood Recovery Assistance (FRA) grant application. For Against Abstained Linda Olson X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink (Seconded By) X John Stone (Moved By) X 7 0 0 Motion CARRIED. ii) General Fund Police Department 2021 Budget and Appropriation Supplemental Moved by Council Member John Stone Seconded by Council Member Othoniel Sierra Motion to amend the Resolution by using option 3 -100% Vacancy Repurpose: Fund costs for case manager and police trainee by transitioning two future vacant positions in police into the case manager and trainee position. For Linda Olson Othoniel Sierra (Seconded By) Against X X Abstained Page 10 of 14 Teleconferenced City Council Regular January 4, 2021 Joe Anderson Dave Cuesta Rita Russell Cheryl Wink John Stone (Moved By) X 1 Moved by Council Member John Stone Seconded by Council Member Joe Anderson X X X X 6 0 Motion DEFEATED. Motion to amend the Resolution by using option 2 -50/50% Fund Balance & Vacancy Repurpose: Fund half of costs from the unassigned fund balance and half of costs from transitioning a future staff vacancy into one of the two new positions. Joe Anderson (Seconded By) John Stone (Moved By) Linda Olson Othoniel Sierra Dave Cuesta Rita Russell Cheryl Wink For X X X X 4 Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson RESOLUTION NO. 3, SERIES OF 2021 Against X X X 3 Abstained 0 Motion CARRIED. A RESOLUTION ADDING AN APPROPRIA T/ON ANO TRANSFERRING FUNDS WITHIN THE GENERAL FUND OF THE 2021 BUDGET OF THE CITY OF ENGLEWOOD AS AMENDED. Linda Olson Othoniel Sierra (Moved By) Joe Anderson (Seconded By) Dave Cuesta Rita Russell Cheryl Wink For X X X Against X X X Abstained Page 11 of 14 Teleconferenced City Council Regular January 4, 2021 John Stone X 4 3 0 Motion CARRIED. 12 Covid-19 Update The meeting recessed at 9:51 p.m. for a break. The meeting reconvened at 9:56 p.m. with all Council Members present. 13 General Discussion a) Mayor's Choice i) Council Liaison Discussion ii) Discussion of Mayor/Council column guidelines for Citizen magazine iii) Executive Session for Personnel Discussion 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 John Stone MOTION TO MOVE INTO EXECUTIVE SESSION: FOR THE 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. For Against Abstained Linda Olson (Moved By) X Othoniel Sierra X Joe Anderson X Dave Cuesta X Rita Russell X Cheryl Wink X Page 12 of 14 Teleconferenced City Council Regular January 4, 2021 John Stone (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 10:08 p.m. to go into Executive Session. The Executive Session was held by teleconference. The meeting reconvened at 11:31 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 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 Joe Anderson Seconded by Council Member Othoniel Sierra TO CLOSE THE EXECUTIVE SESSION For Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Against Abstained 0 0 Motion CARRIED. Motion to appoint Assistant City Attorney Alex Dorotik as the Interim City Attorney. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Page 13 of 14 Dave Cuesta Rita Russell Cheryl Wink John Stone b) Council Members' Choice 14 City Manager's Report 15 City Attorney's Report 16 Adjournment X X X X 7 0 Teleconferenced City Council Regular January 4, 2021 0 Motion CARRIED. Roll call was taken to adjourn the meeting -Seven Ayes. The meeting adjourned at 11 :39 p.m. Page 14 of 14