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Home My WebLink About2016-09-06 (Regular) Meeting Minutese ~Efi'Qlewood MINUTES Regular City Council Meeting Tuesday, September 6, 2016 1000 Englewood Pkwy -Council Chambers 7:30 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:39 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: STAFF 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 City Clerk Ellis Deputy City Clerk Carlile Assistant City Clerk McKinnon Director Rinkel, Finance and Adm i nistrative Services Director Hargrove , Parks , Recreation and Library Director Power, Community Development Recreation Services Manager Sack, Parks and Recreation Manager Schell , Human Resources Planner II Kirk, Community Development Impact Officer Garrett, Police Department Commander Englert , Police Department Technical Support Specialist II Munnell, Information Technology Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of August 15, 2016 . Regular City Council September 6, 2016 Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2016. Moved by Council Member Amy Martinez Seconded by Council Member Rick Gillit MOTION TO AMEND THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2016 TO INCLUDE A COMPLETED AGENDA ITEM 7 (b). For Amy Martinez (Moved By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Seconded By) x Steve Yates x 7 Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson Against 0 Motion Carried. TO APPROVE MINUTES OF AUGUST 15, 2016 AS AMENDED. For Against 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 Motion Carried. • • • I • Recognition of Scheduled Public Comment Regular City Council September 6, 2016 a) Ida May Nichol, Englewood resident, addressed Council regarding the new City management and historical preservation. b) Kathleen Bailey, Englewood resident, addressed Council regarding Allen Water Plant residuals. c) Doug Cohn, Englewood resident , addressed Council regarding the Allen Plant residuals and the residency restrictions for sex offenders. d) Robert Ellstrom , Englewood resident , addressed Council regarding administrative issues. e) Patricia Ross, Englewood resident , addressed Council regarding the City Attorney. 7 Recognition of Unscheduled Public Comment • • a) Scott Gilbert, an Englewood resident, addressed Council regarding Museum of Outdoor Arts. b) Jake Gilbert, an Englewood resident, addressed Council regarding the Museum of Outdoor Arts . c) Coween Dickerson , an Englewood resident , addressed Council regarding the City Attorney . d) Brian Brockhausen, an Englewood resident , addressed Council regarding Ordinance 34 . e) John England, an Englewood resident, addressed Council regarding s l udge at the Allen Water Plant. Moved by Council Member Laurett Barrentine Seconded by Council Member Linda Olson TO MOVE AGENDA ITEM 13 (a) FORWARD . Amy Martinez Joe Jefferson Linda Olson (Seconded By) Laurett Barrentine (Moved By) Rita Russell Rick Gillit Steve Yates For x x x x x x x 7 Against 0 Regular City Council September 6, 2016 Motion Carried . 13 (a) City Manager Keck gave an update on the Allen Water Plant. f) Allene England, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. g) Robert Babcock, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. h) Greg Johnson, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. i) Luke Young, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. j) David Tscheschke, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. k) Sybil Giles, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. I) Belinda Porter, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. m) David Baker, an Englewood resident, addressed Council regarding concerns with meth problems near two elementary schools in Englewood. n) Steven Ward, an Englewood resident, addressed Council regarding ballot language on the initiative filed. o) Jeremy Pershin, an Englewood resident, addressed Council regarding sludge at the Allen Water Plant. Council Responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items a) Approval of Ordinances on First Reading b) There were no items submitted for approval on first reading. Approval of Ordinances on Second Reading. There were no additional Ordinances on Second Reading. See Agenda Item 11 (b) (i). • • • • c) Resolutions and Motions Regular City Council September 6, 2016 There were no additional Resolutions or Motions. See Agenda Item 11 (c) (i)-(vii). 10 Public Hearing Items • • a) Council Bill 29 -Public hearing for the Sand Creek PUD. Staff: Planner II Audra Kirk Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez TO OPEN THE PUBLIC HEARING FOR THE SAND CREEK PUD. For Against Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 Motion Carried and the Public Hearing opened. The meeting recessed at 9:32 p.m. for a break. The meeting reconvened at 9:39 p.m. with all Council Members present. All testimony was given under oath. Planner II Kirk presented information regarding the Sand Creek PUD. Aaron Foy with Blvd. Builders, LLC presented information and answered questions from Council. No one provided public comment. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO CLOSE THE PUBLIC HEARING FOR THE SAND CREEK PUD . Regular City Council September 6, 2016 For Against 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 7 0 Mot ion Carried and the Public Hearing closed . 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. b) Approval of Ordinances on Second Reading i) Council Bill 30 -Approve a bill for an ordinance approving ballot language for a General Obligation Bond . Staff: Finance and Administrative Services Director Kathleen Rinkel Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson ORDINANCE NO . 31 , SERIES OF 2016 (COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES OR PROPERTY. • • • • • • Amy Martinez Joe Jefferson Linda Olson (Seconded By) Laurett Barrentine Rita Russell Rick Gillit (Moved By) Steve Yates For x x x x x 5 Regular City Council September 6, 2016 Against x x 2 Motion Carried. c) Resolutions and Motions i) ii) Parks, Recreation and Library staff recommends that Council approve, by motion, the purchase of fitness equipment for the Englewood Recreation Center in the amount of $122,729.65 from Technogym. Staff: Recreation Services Manager Joe Sack Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson MOTION APPROVING THE PURCHASE OF FITNESS EQUIPMENT FOR THE ENGLEWOOD RECREATION CENTER FROM TECHNOGYM, IN THE AMOUNT OF $122, 729 .65. For Against 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 Motion Carried. Parks, Recreation and Library staff recommends that Council approve, by motion , the purchase of fitness equipment for the Malley Senior Recreation Center in the amount of $51,262 .35 from Technogym . Staff: Recreation Services Manager Joe Sack iii) iv) Regular City Council September 6, 2016 Moved by Council Member Linda Olson Seconded by Council Member Rita Russell MOTION APPROVING THE PURCHASE OF FITNESS EQUIPMENT FOR THE MALLEY SENIOR RECREATION CENTER FROM TECHNOGYM, IN THE AMOUNT OF $51,262.35. For Against Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell (Seconded By) x Rick Gillit x Steve Yates x 7 0 Motion Carried. Staff recommends Council approve, by resolution, the Collective Bargaining Agreement between the EPBA and the City of Englewood for 2017 through 2018. Staff: Assistant City Manager Murphy Robinson Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson MOTION TO TABLE THIS ITEM UNTIL OCTOBER 3, 2016. For Against 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 Motion Tabled until October 3, 2016. Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November • • • • • • Regular City Council September 6, 2016 8, 2016, election, a question regarding prohibition on the retail sale, commercial cultivation and manufacture of recreational marijuana within the City limits of Englewood, Colorado. Staff: City Clerk Lou Ellis Moved by Council Member Rick Gillit Seconded by Council Member Rita Russell RESOLUTION NO . 97, SERIES OF 2016 A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE ENGLEWOOD MUNICIPAL CODE RELATING TO THE PROHIBITION ON THE RETAIL SALE, COMMERCIAL CULTIVATION AND MANUFACTURE OF RECREATIONAL MARIJUANA WITHIN THE CITY LIMITS OF ENGLEWOOD, COLORADO. For Against 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 Motion Carried. v) Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November 8, 2016, election, an issue authorizing the City of Englewood to impose a sales tax on retail marijuana within the City limits of Englewood, Colorado. Staff: City Clerk Lou Ellis Moved by Council Member Linda Olson Seconded by Council Member Rita Russell RESOLUTION NO. 98, SERIES OF 2016 Regular City Council September 6, 2016 A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO THE A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A BALLOT ISSUE AUTHORIZING THE CITY OF ENGLEWOOD TO IMPOSE A SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018 AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR. WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY, AND OTHER GENERAL OPERA TING EXPENSES OF THE CITY OF ENGLEWOOD . For Against Linda Olson (Moved By) x Rita Russell (Seconded By) x Amy Martinez x Joe Jefferson x Laurett Barrentine x Rick Gillit x Steve Yates x 7 0 Motion Carried. vi) Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November 8, 2016, election, a question permitting the regulation and licensing of retail marijuana stores within the City limits of Englewood, Colorado. Staff: City Clerk Lou Ellis Moved by Council Member Joe Jefferson Seconded by Council Member Amy Martinez RESOLUTION NO. 99, SERIES OF 2016 • • A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE ENGLEWOOD MUNICIPAL CODE RELATING TO THE • • vii) • Regular City Council September 6, 2016 REGULATION AND LICENSING OF RETAIL MARIJUANA STORES. For Against Amy Martinez (Seconded By) x Joe Jefferson (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit x Steve Yates x 7 0 Motion Carried. A resolution approving compensation for the Acting City Attorney. Staff: Human Resource Manager Jaylene Schell Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson RESOLUTION NO. 100, SERIES OF 2016 A RESOLUTION ESTABLISHING THE SALARY FOR THE ACTING CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. For Against 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 5 2 Motion Carried . 12 General Discussion • a) Mayor's Choice i) b) Regular City Council September 6, 2016 Discussion on referred ballot question regarding sales tax on retail marijuana . Moved by Council Member Joe Jefferson Seconded by Council Member Laurett Barrentine MOTION TO REPEAL REFERRED QUESTION TO BALLOT REGARDING SALES TAX ON RETAIL MARIJUANA. Amy Martinez Joe Jefferson (Moved By) Linda Olson Laurett Barrentine (Seconded By) Rita Russell Rick Gillit Steve Yates For x Against x x x x x x 6 Motion Defeated. • Council Members' Choice • 13 City Manager's Report 14 15 a) Allen Filter Plant Update. This item was moved forward during Agenda Item 7 . b) City Council facilitated retreat with Leaders' Edge. City Attorney's Report Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 11 :29 p.m . City Clerk •