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Home My WebLink About2015-11-16 (Regular) Meeting Minutes• ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 16, 2015 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 Pro Tern Olson at 7 :29 p.m . 2 . Invocation The invocation was given by Council Member Mccaslin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin. • 4. Roll Call Present: Absent: A quorum was present. Council Members Jefferson, Olson , Gillit, Mccaslin, Wilson , Yates Mayor Penn Also present: City Manager Keck City Attorney Brotzman Deputy City Manager Flaherty Assistant City Manager Robinson City Clerk Ellis Deputy City Clerk Carlile Director Becker, Finance and Administrative Services Director Brennan , Utilities Director Kahm , Public Works Manager Vega, Human Resources Judge Atencio , Municipal Court Court Administrator Wolfe Planner II Voboril, Community Development Planner II Bell , Community Development Deputy Police Chief Sanchez Police Chief Collins Police Commander Condreay Technical Support Specialist I Munnell , Information Technology 5. Consideration of Minutes of Previous Session • (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 2, 2015. • • • Englewood City Council November 16, 2015 Page 2 Vote results: Motion carried . Ayes : Council Members Yates, Mccaslin, Wilson , Jefferson , Olson, Gillit Nays : None Absent: Mayor Penn (b) City Council Recognition and Swearing In . (i) Mayor Pro Tern Olson asked the City Clerk to announce the status of the election . City Clerk Ellis said , based on the Official Election Results provided by Arapahoe County , the newly elected Council Members are : Council Member District 1 Joe Jefferson , Council Member District 3 Laurett Barrentine, Council Member At-Large Rita Russell and Council Member At-Large Amy Martinez . (ii) City Council made a determination of the election and qualifications of its membership . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO ACCEPT THE ELECTION RESULTS AS PRESENTED BY CITY CLERK ELLIS. Vote results: Motion carried . Ayes: Council Members Yates , Mccaslin , Wilson, Jefferson, Olson , Gillit Nays : None Absent: Mayor Penn (iii) There were comments and recognition of families and guests by the departing members of City Council. (iv) The newly-elected/re-elected City Council Members were sworn in by the Honorable Judge Vincent Atencio . (v) Brief Reception. Council recessed at 7:47 p.m . for a brief reception . The meeting reconvened at 8:17 p.m . (vi) Members of City Council were seated (in temporary spaces) and Mayor Pro Tern Olson asked the City Clerk to call the roll of City Council Members . Roll Call: Present: Absent: Council Members Jefferson , Olson , Barrentine , Gillit, Martinez , Russell, Yates None A quorum was present. (vii) Mayor Pro Tern Olson called for nominations for Mayor. MAYOR PRO TEM OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO NOMINATE COUNCIL MEMBER GILLIT FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Vote results: Ayes : Council Members Olson, Gillit , Martinez Nays : Council Members Jefferson, Barrentine , Russell, Yates Motion defeated . • • • Englewood City Council November 16, 2015 Page 3 MEMBER RUSSELL MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO NOMINATE COUNCIL MEMBER JEFFERSON FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Vote results: Motion carried. Ayes : Council Members Jefferson, Olson , Barrentine, Gillit, Martinez , Russell , Yates Nays : None (viii) Mayor Jefferson assumed the Chair and called for nominations for Mayor Pro Tern . MAYOR JEFFERSON MOVED, AND COUNCIL MEMBER YATES SECONDED, TO NOMINATE COUNCIL MEMBER GILLIT FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. Vote results: Motion carried . Ayes : Council Members Jefferson, Olson , Barrentine , Gillit, Martinez , Russell , Yates Nays: None (ix) Pe r manent seating assignments were selected by seniority. The meeting recessed to reset voting panels , and nameplates , at 8:37 p.m . The meeting reconvened at 8:40 p.m. with all members present. (x) guests present. The newly-elected/re-elected Members of City Council recognized their families and 6 . Recognition of Scheduled Public Comment (a) Doug Cohn , an Englewood resident , was scheduled to address Council regarding histo ric preservation. He was not present. 7. Recognition of Unscheduled Public Comment (a) Elaine Hults , an Englewood resident , expressed her gratitude to Council and she looks forward to new beginn ings and change for the C ity . (b) Jason Sakry, an Englewood resident and Englewood School Board member, welcomed all of the new members to Council. He looks forward to City Council and the School Board working together. He invited all of them to attend the School Board meetings on the 151 and 3rd Tuesdays of every month . (c) Lester Myers , an Englewood resident , welcomed all of the new Council members and congratulated Mayor Jefferson . Council responded to Public Comment. 8. Communications, Proclamations and Appointments There were no communications , proclamations or appointments . 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).) • • • Englewood City Council November 16, 2015 Page 4 COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 52 , SERIES OF 2015 (COUNCIL BILL NO. 56 , INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING 2015 -2019 BETWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES DIVISION OF CHILDREN , YOUTH AND FAMILY SERVICES AND ARAPAHOE COUNTY SHERIFF'S OFFICE , ARAPAHOE COMMUNITY COLLEGE CAMPUS POLICE DEPARTMENT, AURORA POLICE DEPARTMENT, TOWN OF BOW MAR POLICE DEPARTMENT, CHERRY HILLS VILLAGE POLICE DEPARTMENT, GLENDALE POLICE DEPARTMENT, COLUMBINE VALLEY POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, LITILETON POLICE DEPARTMENT, SHERIDAN POLICE DEPARTMENT AND THE ENGLEWOOD POLICE DEPARTMENT TO PROVIDE A COOPERATIVE WORKING RELATIONSHIP BETWEEN LAW ENFORCEMENT AND CHILD PROTECTION AGENCIES IN ARAPAHOE COUNTY TO PROTECT ENDANGERED CHILDREN . Vote results: Motion carried . Ayes : Council Members Jefferson , Olson , Barrentine , Gillit, Martinez , Russell , Yates Nays : None (c) Resolutions and Motions There were no resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT CONCERNING THE APPEAL OF CASE 2015-09 4635 S. PEARL STREET-URBAN LOT DEVELOPMENT. Vote results: Ayes : Council Members Jefferson , Olson, Barrentine , Gill it , Martinez , Russell , Yates Nays : None Motion carried and the Public Heari ng opened . All testimony was given under oath . Planner II Bell presented background information regarding the appeal of case 2015-09 4635 S . Pearl Street - urban lot development. Those providing public comment were: Christine Martin, Amber Alsadi , Cassandra Letkomiller and Jeremy Letkomiller. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT CONCERNING THE APPEAL OF CASE 2015-09 4635 S. PEARL STREET -URBAN LOT DEVELOPMENT. Vote results: Ayes : Counci l Members Jefferson , Olson, Barrentine , Gillit , Martinez , Russell , Yates Nays: None Motion carried and the Public Hearing closed . • • • Englewood City Council November 16, 2015 Page 5 COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO ACCEPT THE FINDINGS OF THE PLANNING AND ZONING COMMISSION AND TO DENY THE APPEAL. Vote results: Motion carried . Ayes : Council Members Olson, Gillit, Martinez, Yates Nays: Council Members Jefferson , Barrentine, Russell 11 . Ordinances, Resolutions and Motions (a) Approval of Ordinances on First Reading (i) Interim Community Development Director Michael Flaherty presented a recommendation from the Community Development Department to approve a bill for an ordinance approving a six-month extension on the marijuana social club moratorium . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 59. COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE EXTENDING THE EMERGENCY MORATORIUM ON THE ESTABLISHMENT OF NEW MARIJUANA CONSUMPTION ESTABLISHMENTS FOR AN ADDITIONAL SIX MONTH PERIOD . Vote results: Motion carried. Ayes: Council Members Jefferson, Olson , Barrentine, Gillit, Martinez, Russell , Yates Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill 57 -A new Official Corporate City Seal , by adding the recently approved logo was considered. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER MARTINEZ SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 53, SERIES OF 2015. ORDINANCE NO. 53, SERIES OF 2015 (COUNCIL BILL NO . 57 , INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AMENDING TITLE 1, CHAPTER 9, SECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE OFFICIAL CORPORATE CITY SEAL. Vote results: Motion carried. Ayes : Council Members Olson, Gillit, Martinez, Yates Nays: Council Members Jefferson, Barrentine, Russell (c) Resolutions and Motions (i) Deputy City Manager Michael Flaherty presented a recommendation to approve a resolution approving the extension of the agreement with the Humane Society of South Platte Valley for continuation of animal sheltering services. COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 98, SERIES OF 2015. • • • · Englewood City Council November 16, 2015 Page 6 RESOLUTION NO . 98 , SERIES OF 2015 A RESOLUTION APPROVING AN ADDENDUM FOR RENEWAL OF THE "CITY OF ENGLEWOOD AGREEMENT FOR ANIMAL SHEL TERI NG SERVICES" BETWEEN THE CITY OF ENGLEWOOD AND THE HUMANE SOCIETY OF SOUTH PLATTE VALLEY . Vote results: Motion carried. Ayes: Council Members Jefferson , Olson , Barrentine , Gillit, Martinez , Russell , Yates Nays : None 12 . General Discussion (a) Mayor's Choice (i) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO MOVE AGENDA ITEM 14 (a) UNDER MAYORS CHOICE. Vote results: Motion carried . Ayes : Council Members Jefferson , Olson , Barrentine, Gillit, Martinez , Russell , Yates Nays : None COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPOINT MARTIN SEMPLE AS SPECIAL COUNSEL UNDER SECTION 67 OF THE HOME RULE CHARTER TO ADVISE CITY COUNCIL CONCERNING MATTERS SUBJECT TO SECTION 67. Vote results: Motion carried. Ayes : Council Members Jefferson , Olson , Gillit , Martinez Nays : Council Members Barrentine , Russell , Yates (b) Council Members' Choice (i) A resolution authorizing funding for local non-profits in 2016 was considered . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE RESOLUTION NO. 99 , SERIES OF 2015. RESOLUTION NO . 99 , SERIES OF 2015 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2016 BY THE CITY OF ENGLEWOOD. COLORADO . Vote results: Motion carried . Ayes : Council Members Jefferson , Olson , Gillit, Marti nez , Yates Nays: Council Members Barrentine , Russell (ii) COUNCIL MEMBER YATES MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO ACCEPT CITY ATTORNEY BROTZMAN'S RESIGNATION EFFECTIVE AS OF TODAY . Vote results: Ayes : Council Members Jefferson, Barrentine , Gillit, Russell , Yates Nays : Council Members Olson , Martinez • • • Englewood City Council November 16, 2015 Page 7 Motion carried . (iii) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO APPOINT DEPUTY CITY ATTORNEY COMER TO ACTING CITY ATTORNEY. Vote results: Mot ion carried . Ayes : Council Members Jefferson , Olson , Barrentine , G illit, Martinez , Russell , Yates Nays : None (iv) Council Bill 58 -Amending , on second reading , Tit le 6, Chapter 1, Section 8, of the Englewood Municipal Code 2000 adopting smoking prohibitions , state standards , further defin ing public buildings and unifying the definition of tobacco throughout the code was considered . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE COUNCIL BILL NO . 58 ON SECOND READING. COUNCIL MEMBER GILLIT WITHDREW HIS MOTION. COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER OLSON SECONDED, TO CONTINUE THIS ITEM TO THE DECEMBER 7, 2015 CITY COUNCIL MEETING. Vote results: Motion carried . Ayes : Council Members Jefferson , Olson , Barrentine , Gillit, Martinez , Russell , Yates Nays : None (v) was conside red. A resolution increasing the C ity Manager's salary by 3% and a one -time $3 ,000 bonus COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE RESOLUTION NO. 100, SERIES OF 2015. RESOLUTION NO . 100, SERIES OF 2015 A RESOLUTION INCREASING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD , COLORADO FOR THE CALENDAR YEAR 2016 . Vote results: Motion carried. Ayes : Council Members Jefferson , Olson , Gillit, Martinez , Yates Nays : None Abstain : Council Members Barrentine , Russell 13 . City Manager's Report City Manager Keck did not have any matters to bring before Council. 14 . City Attorney's Report (a) City Attorney Brotzman was scheduled to present a request to appoint Martin Semple as Special Counsel under Section 67 of the Home Rule Charter to advise City Council concerning matters subject to Section 67 . [Clerk's Note : This item was moved forward under Mayor's Choice , Agenda Item 12 (a) (i).] • • • Englewood City Council November 16, 2015 Page 8 15 . Adjournment MAYOR JEFFERSON MOVED TO ADJOURN . The meeting adjourned at 11 :10 p.m. Isl Loucrishia A. Ellis City Clerk