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Home My WebLink About2017-02-21 (Regular) Meeting MinutesMINUTES City Council Regular Meeting Tuesday, February 21, 2017 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 Jefferson at 7: 13 p.m. 2 Invocation The invocation was given by Council Member Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4 Roll Call COUNCIL PRESENT: COUNCIL ABSENT: ,TAFF PRESENT: Mayor Joe Jefferson Mayor Pro Tern Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Rita Russell Council Member Steve Yates A quorum was present. None City Manager Keck Acting City Attorney Comer Assistant City Manager Robinson City Clerk Ellis Deputy City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Power, Community Development Director Brennan, Utilities Page 1 of 13 City Council Regular Fleet Manager White, Public Works Recreation Services Manager Spada, Parks and Recreation Senior Planner Stitt, Community Development Planner Voboril, Community Development Strategy and Innovation Officer Woulf, City Manager's Office Commander Englert, Police Department 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of February 6, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 6, 2017. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson (Seconded By) X Laurett Barrentine X Rita Russell X Rick Gillit (Moved By) X Steve Yates X 7 0 0 February 21, 2017 Motion CARRIED. 6 Recognition of Scheduled Public Comment 7 a) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. b) Amy Sposato addressed Council regarding Council dynamics. c) Coween Dickerson, an Englewood resident, addressed Council regarding communication. Recognition of Unscheduled Public Comment a) Jerry Walker, an Englewood resident, addressed Council regarding Sanctuary Cities. b) Martin Brzeczek, a Littleton resident, addressed Council regarding the safety of the Littleton/Englewood Wastewater Treatment Plant. c) Mark Adams, an Englewood resident, addressed Council regarding Page 2 of 13 City Council Regular February 21, 2017 process. 8 Communications, Proclamations, and Appointments a) Board and Commission Recognition Newly appointed and reappointed Board and Commission Members were recognized by Council. 9 Consent Agenda Items Moved by Council Member Rick Gillit, seconded by Council Member Linda Olson to approve Consent Agenda Items 9 (a) (i), 9 (b) (i -iv) and 9 (c) (i & ii). Council Member Laurett Barrentine removed Agenda Items 9 (a) (i), 9 (b) (ii), 9 (c) (ii) from Consent Agenda. Council Member Rita Russell removed Agenda Item 9 (b) (iii) from Consent Agenda. a) Approval of Ordinances on First Reading i) Council Bill 8 -IGA Amendment for Art Shuttle Cost Sharing [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE ''ART" SHUTTLE COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTA T/ON DISTRICT ANO THE CITY OF ENGLEWOOD. Amy Martinez Joe Jefferson For X X Against Abstained Page 3 of 13 City Council Regular February 21, 2017 Linda Olson Laurett Barrentine Rita Russell Rick Gillit (Moved By) X X Steve Yates (Seconded By) x 5 b) Approval of Ordinances on Second Reading. X X 2 0 Motion CARRIED. i) Council Bill 2 -Broadway and Acoma Lofts -Grant of Water Service Line Easement to the City of Englewood ORDINANCE NO. 4, SERIES OF 2017 (COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE ACCEPTING A "WATER SERVICE LINE EASEMENT"FROM BROADWAY LOFTS, LLLP. TO PROVIDE WATER TO THE CITY OWNED PASEO LOCATED AT 3449 SOUTH BROADWAY. Motion CARRIED UNDER CONSENT MOTION. ii) Council Bill 3 -Partners in Energy -Memorandum of Understanding Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER GILL/T AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING FOR THE PARTNERS IN ENERGY PROGRAM BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Motion to table until Regular City Council Meeting on March 6, 2017. For Against Abstained Page 4 of 13 City Council Regular February 21, 2017 Amy Martinez X Joe Jefferson X Linda Olson (Seconded By) X Laurett Barrentine X Rita Russell X Rick Gillit (Moved By) X Steve Yates X 7 0 0 Motion CARRIED. iii) Council Bill 5 -IGA to Cosponsor the US Small Business Administration's Emerging Leaders Program Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates ORDINANCE NO. 6, SERIES OF 2017 (COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT TO COSPONSOR THE UNITED STATES SMALL BUSINESS ADMINISTRATION COLORADO EMERGING LEADERS PROGRAM BETWEEN THE U.S. SMALL BUSINESS ADMINISTRATION, THE GREATER ENGLEWOOD CHAMBER OF COMMERCE AND THE CITY OF ENGLEWOOD. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson X Laurett Barrentine X Rita Russell X Rick Gillit (Moved By) X Steve Yates (Seconded By) X 5 2 0 Motion CARRIED. iv) Council Bill 7 -Intergovernmental Agreement -VALE Grant Page 5 of 13 City Council Regular February 21, 2017 ORDINANCE NO. 5, SERIES OF 2017 (COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING THE APPL/CATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. Motion CARRIED UNDER CONSENT MOTION. c) Resolutions and Motions i) Biosolids Hauling Trailer Purchase RESOLUTION NO. 35, SERIES OF 2017 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF ONE REAR DISCHARGING BIOSOLIDS TRAILER FROM TRANSWEST TRAILERS. Motion CARRIED UNDER CONSENT MOTION. ii) Purchase of Two John Deere Fairway Mowers [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rick Gillit Seconded by Council Member Laurett Barrentine Motion approving the purchase of two (2) John Deere 7500A Precision Cut Faitway Mowers from Potestio Brothers Equipment, Inc., for $103,245.48. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson X Laurett Barrentine (Seconded X By) Rita Russell X Rick Gillit (Moved By) X Steve Yates X 7 0 0 Page 6 of 13 City Council Regular February 21, 2017 Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson Motion CARRIED. Motion to approve Consent Agenda Items 9 (b) (i), 9 (b) (iv), and 9 (c) (i). For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson (Seconded By) X Laurett Barrentine X Rita Russell X Rick Gillit (Moved By) X Steve Yates X 7 0 0 Motion CARRIED. 10 Public Hearing Items a) A public hearing to gather public input regarding amending the current distancing requirement for sex offenders under Title 7-3-3(A)(ii)(c) from two thousand feet (2,000) to one thousand feet (1,000). Moved by Council Member Linda Olson Seconded by Council Member Rick Gillit TO OPEN THE PUBLIC HEARING FOR PUBLIC INPUT REGARDING SEX OFFENDER RESIDENCY RESTICTIONS. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson (Moved By) X Laurett Barrentine X Rita Russell X Rick Gillit (Seconded By) X Steve Yates X 7 0 0 Page 7 of 13 City Council Regular February 21, 2017 Motion CARRIED. All testimony was given under oath. Those Favoring a Repeal of the Sex Offender Residency Restrictions: Brian Brockhausen - Diana Brockhausen - Matt Triplett - Jerry Walker - Robert Ellstrom - Christine Ellstrom - Coween Dickerson - Arjay Rhoads - John Cater Jan Hunsaker Beverly Casey Susan Walker Michelle Geng Mary Narden Craig Ruff Kelli Reynolds Gary Behn - Carolyn Turner - Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Englewood Resident Those favoring Residency Restrictions for Sex Offenders: Dale Harris - Jim Woodward - Englewood Resident Englewood Resident Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO CLOSE THE PUBLIC HEARING FOR PUBLIC INPUT REGARDING SEX OFFENDER RESIDENCY REST/CTIONS. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x ', . ....,I Page 8 of 13 City Council Regular February 21, 2017 Rita Russell Rick Gillit (Moved By) Steve Yates X X X 7 0 The meeting recessed at 9:21 p.m. for a break. 0 Motion CARRIED. The meeting reconvened at 9:32 p.m. with all Council Members present. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Council Bill 9 -Amendment of Title 5, Chapter 3 Retail Marijuana Moved by Council Member Amy Martinez Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER MARTINEZ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, WITH THE ADDITION OF A NEW SECTION E, ENTITLED RETAIL MARIJUANA; AND TITLE 2, CHAPTER 6, PERTAINING TO THE LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY; AND AMENDING TITLE 7, CHAPTER 60, SECTION 12, SUBSECTION 2, (B) AND (C) (1) (a) RECREATIONAL MARIJUANA OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Amy Martinez (Moved By) X Joe Jefferson X Linda Olson X Laurett Barrentine (Seconded X By) Rita Russell X Rick Gillit X Steve Yates X 7 0 0 Motion CARRIED. Page 9 of 13 City Council Regular February 21, 2017 b) Approval of Ordinances on Second Reading i) Council Bill 6 -Amending Title 1-10-3 Authority to Issue Subpoenas Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates ORDINANCE NO. 7, SERIES OF 2017 (COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER G/LLIT) AN ORDINANCE AMENDING TITLE 1, CHAPTER 10, SECTION 3, AUTHORITY TO ISSUE SUBPOENAS, OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson X Laurett Barrentine X Rita Russell X Rick Gillit (Moved By) X Steve Yates (Seconded By) X 5 2 0 Motion CARRIED. c) Resolutions and Motions i) A Resolution Adopting the Englewood Forward 2016 Comprehensive Plan Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates RESOLUTION NO. 36, SERIES OF 2017 A RESOLUTION ADOPTING THE ENGLEWOOD FORWARD 2016 COMPREHENSIVE PLAN TO HELP GUIDE THE PR/VA TE DEVELOPMENT COMMUNITY TO INVEST IN AND BUILD APPROPRIATELY-SCALED PROJECTS IN LOCATIONS ACCORDING TO THE EXISTING LAYOUT OF THE CITY AND THE VALUES OF ITS CITIZENRY. For Against Abstained Page 10 of 13 City Council Regular February 21, 2017 Amy Martinez Joe Jefferson Linda Olson Laurett Barrentine Rita Russell Rick Gillit (Moved By) Steve Yates (Seconded By) X X X X X 5 X X 2 0 Motion CARRIED. ii) 2017 Budget Supplemental; realigning existing General Funds to reflect administrative personnel moves Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 2017 BUDGET. Motion to approve as amended (amendment to include corrections of typo's and changing the language from "supplemental appropriation" to "reappropriation".) Council Member Rick Gillit and Council Member Steve Yates withdrew the motion. Moved by Council Member Rick Gillit Seconded by Council Member Rita Russell Motion to table until Regular City Council Meeting on March 6, 2017. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson X Laurett Barrentine X Rita Russell (Seconded By) X Rick Gillit (Moved By) X Steve Yates X 7 0 0 Page 11 of 13 City Council Regular February 21, 2017 iii) EMRF Real Estate Broker Representation Moved by Council Member Rick Gillit Seconded by Council Member Rita Russell Motion CARRIED. A RESOLUTION SUPPORTING A LISTING CONTRACT WITH NAVPOINT REAL ESTATE GROUP TO MARKET THE REMAINING AVAILABLE PARCELS ON BEHALF OF THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION. Motion to table until Regular City Council Meeting on March 6, 2017. For Against Abstained Amy Martinez X Joe Jefferson X Linda Olson X Laurett Barrentine X Rita Russell (Seconded By) X Rick Gillit (Moved By) X Steve Yates X 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session -Discussion of a personnel matter with the City Manager pursuant to C.R.S. Section 24-6-402(4)(f)(I). Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Motion to postpone Executive Session. Amy Martinez Joe Jefferson Linda Olson For X X X Against Abstained Page 12 of 13 Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 City Council Regular February 21, 2017 Motion CARRIED. b) Council Members' Choice 13 City Manager's Report a) Future Agenda Review This agenda item was discussed during the Study Session. 14 City Attorney's Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 11:16 p.m. Page 13 of 13