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Home My WebLink About2016-07-18 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 18, 2016 A permanent set of these minutes and the audio are maintained in the City Clerk's Office. Minutes and streaming audios are also available on the web at: http://www.englewoodgov.org/inside-city-hall/city-council/agendas-and-minutes 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:44 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 Present: Absent: A quorum was present. Council Members Jefferson, Olson, Barrentine, Gillit, Martinez, Russell, Yates None Also present: City Manager Keck Assistant City Manager Robinson Acting City Attorney Comer City Clerk Ellis Executive Assistant Carney Municipal Court Judge Atencio Police Commander Condreay Director Hargrove, Parks, Recreation and Library Director Rinkel , Finance and Administrative Services Manager Stowe, Littleton/Englewood Wastewater Treatment Plant Court Administrator Wolfe Division Manager Tallent, Littleton/Englewood Wastewater Treatment Plant Engineering & Maintenance Manager Woo, Littleton/Englewood Wastewater Treatment Plant Technical Support Specialist I Munnell, Information Technology 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 5, 2016. Vote results: Ayes: Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays: None Motion carried . 6 . Recognition of Scheduled Public Comment Englewood City Council July 18, 2016 Page 2 (a) Coween Dickerson , an Englewood resident, addressed Council regarding the Comprehensive Plan goals and iBake. (b) Jeremy Letkomiller, an Englewood resident , addressed Council regarding a proposed crosswalk at the 3400 block of South Broadway . 7. Recognition of Unscheduled Public Comment (a) Belinda Porter, an Englewood resident, addressed Council regarding Allen Filter Plant employee Ken Kloewer. (b) Kathleen Bailey , an Englewood resident, addressed Council regarding Allen Filter Plant concerns . (c) Filter Plant. (d) (e) Norma Wier, an Englewood resident, addressed Counc il regarding the sludge at the Allen Martin Fuchs, addressed Council regarding iBake . Jeffrey Pawlowski , addressed Council regarding iBake . (f) Peggy Lapp, an Englewood resident , addressed Council regarding polling and the Comprehensive Plan (g) Walter Shrubb, addressed Council regarding iBake . (h) Ida May Nichol , Englewood resident , addressed Council regarding the Community Town Hall Meeting on Preserving Englewood's Historic Buildings on July 28 , 2016 . Council responded to Public Comment. 8 . Communications, Proclamations and Appointments (a) A proclamation declaring July 18 , 2016 , to be Service Dog Education and Awareness Day . COUNCIL MEMBER YATES MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE A PROCLAMATION DECLARING JULY 18, 2016, TO BE SERVICE DOG EDUCATION AND AWARENESS DAY. Vote results: Motion carried . Ayes: Council Members Russell , Barrentine , Olson , Jefferson, Yates, Martinez , Gill it Nays : None (b) A resolution approving the appo intment of Christopher Boeckx , to serve a four-year term as an Associate Judge for the City of Englewood , commencing July 18 , 2016 , and expiring July 17 , 2020. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 8 (b) -RESOLUTION NO. 88, SERIES OF 2016. RESOLUTION NO . 88 , SERIES OF 2016 A RESOLUTION FOR THE APPOINTMENT OF CHRISTOPHER BOECKX AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD , COLORADO . • • • / • • • Englewood City Council July 18, 2016 Page 3 Vote results: Motion carried . Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays: None (c) Swearing-in of Christopher Boeckx as Associate Judge by Presiding Judge Vincent Atencio . (d) Reappointment of Marta Mansbacher as youth member on the Parks & Recreation Commission . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 8 (d) -RESOLUTION NO. 89, SERIES OF 2016 AND AGENDA ITEMS 8 (e) (i) THROUGH 8 (xxix) WITH THE EXCEPTION OF 8 (iv). RESOLUTION NO. 89, SERIES OF 2016 A RESOLUTION REAPPOINTING MARTA MANSBACHER AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . (e} Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays : None Recognition of recent Board and Commission appointees: (i) Certificate recognizing the reappointment of Marta Mansbacher as a youth member on the Englewood Parks and Recreation Commission . (ii) Certificate recognizing the appointment of Colleen Nebel from alternate to a regular seat on the Englewood Housing Authority . (iii) Certificate recognizing the appointment of Ernie Arterburn as an alternate member on the Englewood Housing Authority . (iv) Certificate recognizing the appointment of Matthew Barrows to the Alliance for Commerce in Englewood . [Clerk's Note: Mr. Barrows declined the appointment.] (v) Certificate recognizing the appointment of Julie Bowden as an alternate to the Englewood Code Enforcement Advisory Committee. (vi) Certificate recognizing the appointment of Klaralee Charlton to the Englewood Public Library Board. (vii) Certificate recognizing the appointment of Randall Coleman to the Englewood Planning and Zoning Commission . (viii) Certificate recognizing the appointment of Dana Foulks to the Englewood Cultural Arts Commission. (ix) Certificate recogniz ing the appointment of Barbara Fout to the Englewood Code Enforcement Advisory Committee. (x) Certificate recognizing the appointment of Adrian Fryxell to the Englewood Code Enforcement Advisory Committee. Englewood City Council July 18, 2016 Page4 (xi) Certificate recognizing the appointment of Scott Gilbert to the Englewood Public Library Board . (xii) Certificate recognizing the appointment of Sam Hakim to the Englewood Cultural Arts Commission . (xiii) Certificate recognizing the appointment of Robert Heller to Keep Englewood Beautiful. (xiv) Certificate recognizing the reappointment of Peggy Bogaard-Lapp to the Englewood Code Enforcement Advisory Committee . (xv) Certificate recognizing the appointment of Andrea Manion to the Alliance for Commerce in Englewood . (xvi) Certificate recognizing the appointment of Shelley Manzano to the Englewood Budget Advisory Committee . (xvii) Certificate recognizing the reappointment of Christine McGroarty to the Englewood Budget Advisory Committee . (xviii) Certificate recognizing the appointment of Mark Monroe to the Englewood Liquor and Medical Marijuana Licens ing Authority . (xix) Certificate recognizing the reappointment of Writer Mott to the Englewood Liquor and Medical Marijuana Licensing Authority . (xx) Certificate recognizing the appointment of Brad Nixon to the Alliance for Commerce in Englewood . (xxi) Certificate recogniz ing the reappointment of Karl Onsager to the Englewood Code Enforcement Advisory Committee . (xxii) Certificate recognizing the appointment of Leabeth Pohl to the Englewood Cultural Arts Commission . (xxiii) Certificate recognizing the appointment of William Slade as an alternate member on the Englewood Urban Renewal Authority . (xxiv) Certificate recognizing the appointment of Michele Aust in as an alternate member to the Englewood Planning and Zoning Commission . (xxv) Certificate recognizing the appointment of Bob Stephenson to Keep Englewood Beautiful. (xxvi) Certificate recognizing the appointment of Wesley Dean Stone to the Englewood Code Enforcement Advisory Committee. (xxvii) Certificate recognizing the appointment of Andy Taylor to the Englewood Board of Adjustment and Appeals . (xxviii) Certificate recognizing the reappointment of Jason Whyte to the Alliance for Commerce in Englewood . (xxix) Certificate recognizing the appointment of Jay Spaegle to the Englewood Liquor and Medical Marijuana Licensing Authority . • • • • • • Englewood City Council July 18, 2016 Page 5 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 (a).) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii). (i) COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 25, SERIES OF 2016 (COUNCIL BILL NO. 23 , INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE PARK GATEWAY ENHANCEMENTS PHASE II. (ii) ORDINANCE NO . 26, SERIES OF 2016 (COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE ROTOLO PARK PLAYGROUND RENOVATION. Vote results: Motion carried . Ayes: Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays: None (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 10 . Public Hearing Items No public hearing was scheduled before Council. 11. Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Manager Tallent presented a recommendation from Council Bill 26 -WWTP staff recommends Council adopt a bill for an ordinance, approving five-year farming lease agreements for: Progressive Farms, Craig Farms General Partnership, Clint A. Burnet, Kent Beichle, Gary and Nancy Meier and Jason Meier. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 26. Englewood City Council July 18, 2016 Page 6 COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING FIVE (5) FARM LEASE RENEWAL AGREEMENTS FOR THE FARMS IN THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. Vote results: Motion carried . Ayes: Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays: None (ii) Director Rinkel presented a recommendation from Staff to approve a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next municipal election November 8, 2016, a ballot question to raise taxes on the sale of retail marijuana . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER MARTINEZ SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 27. COUNCIL BILL NO . 27 , INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A BALLOT QUESTION AUTHORIZING THE CITY OF ENGLEWOOD SALES TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY • IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL • MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15% AND WITH THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW. Vote results: Motion carried . Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit Nays: None (b) Approval of Ord inances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 (b) -Consent Agenda.) (c) Resolutions and Motions (i) Director Rinkel presented a recommendation from the Finance and Administrative Services Department to approve a motion approving a new Agreement for Investment Advisory services to include Investment and reinvestment of the City 's assets within the City's guidel ines . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO TABLE AGENDA ITEM 11 (c) (i). Vote results : Motion carried . Ayes : Council Members Russell, Barrentine, Olson, Jefferson , Yates, Martinez, Gill it Nays: None • Englewood City Council July 18, 2016 .Page7 (ii) Manager Tallent presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant to approve , by resolution, the purchase of one, low-ground pressure , rubber- tracked , farm tractor from John Deere , Inc., for $265,497 .13 . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 90, SERIES OF 2016. RESOLUTION NO . 90, SERIES OF 2016 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A BENEFICIAL USE FARM TRACTOR FROM JOHN DEERE, INC . Vote results: Motion carried. Ayes : Council Members Russell , Barrentine , Olson , Jefferson, Yates, Martinez , Gill it Nays : None (iii) Manager Tallent presented a recommendation from the Littleton/Englewood Wastewater Treat ment Plant to approve by resolution , the purchase of two , rear discharg ing, biosolids trailers f rom Transwest Trailers (Model OLB36-102NG-HSW "Advantage Series" Live Bottom Trailer) in the amount of $175,971 .00. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 91, SERIES OF 2016 . • RESOLUTION NO . 91, SERIES OF 2016 • A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF TWO REAR DISCHARGING BIOSOLIDS TRAILERS FROM TRANSWEST TRAILERS. Vote results: Motion carried . Ayes : Council Members Russell, Barrentine , Olson , Jefferson , Yates , Martinez , Gillit Nays : None (iv) Manager Woo presented a recommendat ion from the Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Supervisory Committee to approve , by motion, a contract for the Gates Repair, Gates Replacement, and Barscreen Replacement 2016 Project located at the LIE WWTP. Staff is recommending an award of contract to the lowest reliable and responsive b idder, J.R. Filanc Construction Company Inc., in the amount of $422 ,960 .00 . Additionally, staff is recommending Council approve a 5% Change Order contingency in the amount of $20,000 for a total project cost of $442,960 .00 . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iv) -A CONTRACT WITH J .R. FILANC CONSTRUCTION COMPANY INC., FOR THE GATES REPAIR, GATES REPLACEMENT, AND BARSCREEN REPLACEMENT 2016 PROJECT LOCATED AT THE LIE WWTP, IN THE AMOUNT OF $422,960.00 AND APPROVE A 5% CHANGE ORDER CONTINGENCY IN THE AMOUNT OF $20,000 FOR A TOTAL PROJECT COST OF $442,960.00. Vote results: Motion carried . Ayes : Council Members Russell , Barrentine, Olson , Jefferson , Yates , Martinez , Gillit Nays: None 12 . General Discussion (a) Mayor's Choice. Englewood City Council July 18, 2016 Page 8 (i) There was a Call , by Mayor Jefferson, for an Executive Session to discuss issues specifically related to determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations ; and instructing negotiators under C.R.S . Section 24-6-402(4)(e)(I); to discuss a personnel issue under C .R.S . 24-6-402(4)(f)(I); and to receive legal advice on specific legal questions related to the personnel issue under C.R.S . 24-6-402(4)(b). MAYOR JEFFERSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS ISSUES SPECIFICALLY RELATED TO DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS; DEVELOPING STRATEGY FOR NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS UNDER C.R.S. SECTION 24-6-402(4)(e)(I); TO DISCUSS A PERSONNEL ISSUE UNDER C.R.S. 24-6-402(4)(f)(I); AND TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS RELATED TO THE PERSONNEL ISSUE UNDER C.R.S. 24-6-402(4)(b). Vote results: Motion carried . Ayes : Council Members Russell, Barrentine, Olson , Jefferson, Yates , Martinez, Gillit Nays : None The meeting recessed at 9 :16 p.m . The meeting reconvened at 9:52 p.m. with all Council Members present. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO CLOSE THE EXECUTIVE SESSION. Vote results: Motion carried . Ayes : Council Members Russell, Barrentine , Olson , Jefferson, Yates, Martinez, Gillit Nays : None (b) Council Members ' Choice 13 . City Manager's Report 14 . City Attorney's Report (a) Acting City Attorney Comer led a discussion of marijuana social clubs . 15 . Adjournment MAYOR JEFFERSON MOVED TO ADJOURN . The meeting adjourned at 10 :10 p.m . • • •