HomeMy WebLinkAbout2015-12-07 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
December 7, 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 Jefferson at 7 :40 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
A Present: Council Members Jefferson, Barrentine, Gillit, Martinez, Russell, Yates
,. Absent: Council Member Olson
A quorum was present.
Also present: City Manager Keck
Acting City Attorney Comer
Deputy City Manager Flaherty
Assistant City Manager Robinson
City Clerk Ellis
Deputy City Clerk Carlile
Manager Stowe , Littleton/Englewood Wastewater Treatment Plant
Director Brennan, Utilities
Communications Coordinator Hoffhines, City Manager's Office
Police Commander Englert
Right of Way Services Manager Nimmo, Public Works
Fleet Manager White, Public Works
Manager Vega, Human Resources
Technical Support Specialist I Munnell, Information Technology
5 . Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 16, 2015.
Vote results:
Ayes: Council Members Russell, Barrentine , Jefferson, Yates, Martinez, Gillit
,
Nays: None
Absent: Council Member Olson
· Motion carried .
6 . Recognition of Scheduled Public Comment
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December 7, 2015
Page 2
(a) City Council recogn ized the student artists whose artwork is included in the 2016 Englewood
Calendar. Communications Coordinator Hoffhines, Mayor Jefferson , and Council Member Martinez introduced
and presented each child w ith a framed and matted copy of their artwork and 2 tickets to an upcoming
Englewood Arts Concert. Mayor Jefferson also acknowledged Englewood School Board Members: Tena
Prange , President, Kevin Ebert, Jason Sakry , Sharon Scheminske, Dagan Thomas , Superintendent of
Englewood Schools , Dr. Wendy Rubin, the Englewood 's Art Teachers : Mary Lynn Baird , art teacher at Clayton
Elementary, Kate Dulaney , art teacher at Charles Hay World School (former art teacher at Cherrelyn and
Bishop), Erick Swanson , art teacher at Englewood Middle School , Ryan Talbot, art teacher at All Souls School,
Emily Winthrop , art teacher at Englewood High School , Kim Young , art teacher at Colorado 's Finest High
School of Choice and Englewood School Administrators: Mandy Braun, Principal at Englewood Middle School ,
Jon Fore , Principal at Englewood High Schoo l, Linda Lewis , Principal at Bishop Elementary School , Eva
Pasiewicz , Principal at Cherrelyn Elementary School , Dr. Bobbie Skaggs , Principal at Colorado's Finest High
School of Choice , Nicole Westfall, Principal at Clayton Elementary School.
The student artists are:
Isaiah (Jett) Coleman , 11th Grader at Colorado's Finest High School of Choice
Avery Garcia, 2nd Grader at Cherrelyn Elementary
Jake Swenson , 12th Grader at Colorado's Finest High School of Choice
Alexis Garb, 3rd Grader at Clayton Elementary
Brianna Cervantes, 9th Grader at Englewood High School
Eden Thomas, 1st Grader at Cherrelyn Elementary
Emelia Mullenberg , 9th Grader Colorado's Finest High School of Choice
Brook Sullivan , 6th Grader at Clayton Elementary
Gabriella Fatovic , Kindergartner at All Souls School
Miranda Coleman , 9th Grader at Englewood High School
Estie Vercande , 1st Grader at Cherrelyn Elementary
Jes Connell , 9th Grader at Colorado's Finest High School of Choice
Dustin Peterson , 10th Grader at Englewood High School
(b) Veronica and Oscar Reyes , from Color Esperanza, shared with Council how Color Esperanza
helped them through a very difficult situation.
(c) George, from Color Esperanza, addressed Council regarding their vis ion and outreach in
Englewood .
(d) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation.
(e) Elaine Hults , an Englewood resident, encouraged Council to support historic preservation . She
also addressed Council 's decorum .
7. Recognition of Unscheduled Public Comment
There were no unscheduled visitors.
Council responded to Public Comment.
8 . Communications, Proclamations and Appointments
(a) A proclamation declaring December 15 , 2015 , Bill of Rights Day was considered .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO APPROVE
A PROCLAMATION DECLARING DECEMBER 15, 2015, BILL OF RIGHTS DAY.
Vote results:
Ayes : Council Members Russell , Barrentine , Jefferson , Yates, Martinez, Gillit
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Nays : None
Absent: Council Member Olson
Motion carried .
9. Consent Agenda
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (i) and (ii).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 60, INTRODUCED BY COUNCIL MEMBER GILLIT
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) "NetDMR
SUBSCRIBER AGREEMENT" BETWEEN THE COLORADO CDPHE WQCD (REGULATORY AUTHORITY)
AND THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT.
(ii) COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER GILLIT
A BILL FOR AN ORDINANCE APPROVING AN APPLICATION AND AUTHORIZING THE ACCEPTANCE OF
THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) TRAFFIC RECORDS UNIT FY16
FUNDING APPLICATION -405C, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE
OF COLORADO DEPARTMENT OF TRANSPORTATION .
Vote results:
Motion carried.
Ayes: Council Members Russell , Barrentine, Jefferson , Yates , Martinez, Gillit
Nays : None
Absent: Council Member Olson
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item 11 (b).)
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).)
10. Public Hearing Items
No public hearing was scheduled before Council.
11 . Ordinances, Resolutions and Motions
(a) Approval of Ordinances on First Reading
(i) Director Brennan presented a recommendation from the Utilities Department to approve
a bill for an ordinance approving Valley Sanitation District Supplement #24 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 61 .
• COUNCIL BILL NO . 61 , INTRODUCED BY COUNCIL MEMBER GILLIT
Englewood City Council
December 7, 2015
Page4
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 24 TO THE VALLEY SANITATION DISTRICT
CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN
THE DISTRICT BOUNDARIES .
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Jefferson , Yates , Martinez , Gillit
Nays : None
Absent: Council Member Olson
(ii) City Manager Keck presented a recommendation from the City Manager's Office to
table Council Bill 58 -a bill for an ordinance amend ing T itle 6, Chapter 1, Section 8, of the Englewood Mun icipal
Code 2000 adopting smoking prohibitions, state standards , further defining public build ings and unifying the
definition of tobacco throughout the code.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO TABLE
COUNCIL BILL 58.
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Jefferson , Yates , Martinez, Gillit
Nays : None
Absent: Council Member Olson
(b) Approval of Ordinances on Second Reading
(i) Council Bill 59 -Approving a six-month extension on the marijuana social club
moratorium was considered .
COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER MARTINEZ SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 54, SERIES OF 2015.
ORDINANCE NO . 54 , SERIES OF 2015 (COUNCIL BILL NO . 59 , INTRODUCED BY COUNCIL MEMBER
GILLIT)
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 Russell , Barrentine , Jefferson , Yates , Martinez , Gill it
Nays : None
Absen t: Council Member Olson
(c) Resolutions and Motions
(i) Manager Nimmo and Manager White presented a recommendation from the Public
Works Department to approve , by motion , the purchase of a 2016 Freightliner M2 106 dump truck with an
attached PB loader from Transwest Truck Trailer RV for $183,521 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO APPROVE
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AGENDA ITEM 11 (c) (i)-THE PURCHASE OF A 2016 FREIGHTLINER M2106 DUMP TRUCK WITH AN •
ATTACHED PB LOADER FROM TRANSWEST TRUCK TRAILER RV FOR $183,521.
Vote results:
Ayes : Council Members Russell , Barrentine , Jefferson , Yates , Martinez, Gill it
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Nays : None
Absent: Council Member Olson
Motion carried .
(ii) Manager White presented a recommendation from the FleeUServiCenter to approve, by
motion, the purchase of a Volvo IFB-15-015 four wheel drive loader from Power Equipment Company in the
amount of $116,816 .00 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (ii) -THE PURCHASE OF A VOLVO IFB-15-015 FOUR WHEEL DRIVE LOADER
FROM POWER EQUIPMENT COMPANY IN THE AMOUNT OF $116,816.00.
Vote results:
Motion carried .
Ayes : Council Members Russell, Barrentine, Jefferson, Yates , Martinez, Gillit
Nays : None
Absent: Council Member Olson
(iii) Director Brennan presented a recommendation from the Utilities Department to
approve, by motion, the Advanced Utility Systems annual maintenance billing in the amount of $61,496.86.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (iii) -THE ADVANCED UTILITY SYSTEMS ANNUAL MAINTENANCE BILLING IN THE
AMOUNT OF $61,496.86
• Vote results:
Ayes : Council Members Russell, Barrentine, Jefferson, Yates, Martinez, Gillit
Nays : None
Absent: Council Member Olson
Motion carried .
(iv) Director Brennan presented a recommendation from the Utilities Department
recommends Council approve, by motion, the Denver Water Board invoice for the Meadow Creek Dam Outlet
Works Replacement Project in the amount of $329,878 .14.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (iv) -THE DENVER WATER BOARD INVOICE FOR THE MEADOW CREEK DAM
OUTLET WORKS REPLACEMENT PROJECT IN THE AMOUNT OF $329,878.14.
Vote results:
Motion carried.
Ayes : Council Members Russell, Barrentine, Jefferson, Yates, Martinez, Gillit
Nays: None
Absent: Council Member Olson
(v) Director Brennan presented a recommendation from the Utilities Department to
approve, by resolution, the Assignment of License Agreement from Wildacres, LLC for crossing the City Ditch to
2 T Acres LLC.
COUNCIL MEMBER YATES MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (v) -RESOLUTION NO. 101, SERIES OF 2015 .
• RESOLUTION NO . 101, SERIES OF 2015
A RESOLUTION FOR THE APPROVAL TO AUTHORIZE THE "CONSENT TO ASSIGNMENT" OF THE 2003
CITY DITCH LICENSE AGREEMENT FROM WILDACRES, LLC. TO 2T ACRES . LLC.
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December 7, 2015
Page 6
Vote results :
Motion carried .
Ayes : Council Members Russell, Barrentine , Jefferson , Yates , Martinez , Gillit
Nays : None
Absent: Council Member Olson
(v i) Interim Director Flaherty presented a recommendation from the Community
Development Department to approve, by resolution , the Finding of Fact in the matter of appeal of case #2015-
09, 4635 S. Pearl St., Urban Lot Development.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER MARTINEZ SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (vi) -RESOLUTION NO. 102, SERIES OF 2015.
RESOLUTION NO . 102 , SERIES OF 2015
A RESOLUTION APPROVING FINDING OF FACT AND CONCLUSIONS IN THE MATTER OF THE APPEAL
OF CASE NO . 2015-09 PERTAINING TO 4635 SOUTH PEARL STREET, URBAN LOT DEVELOPMENT.
Vote results:
Motion carried .
Ayes : Council Members Russell, Barrentine , Jefferson , Yates, Martinez , Gillit
Nays : None
Absent: Council Member Olson
12 . General Discussion
(a) Mayor's Choice
(b) Council Members ' Choice
(i) A motion authorizing the recruitment of a new City Attorney through the use of an
executive search firm RFP was considered .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO AUTHORIZE
THE RECRUITMENT OF A NEW CITY ATTORNEY THROUGH THE USE OF AN EXECUTIVE SEARCH FIRM
RFP.
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Jefferson, Yates , Martinez , Gillit
Nays : None
Absent: Council Member Olson
(ii) An Executive Session for discussion of a personnel matter under C .R.S . Section 24-6-
402 (2) (f) and not involving : any specific employees who have requested discuss ion 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 requ ire the discussion of matters personal to
particular employees was considered .
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COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO MOVE INTO
EXECUTIVE SESSION FOR 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;
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December 7, 2015
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OR PERSONNEL POLICIES THAT DO NOT REQUIRE THE DISCUSSION OF MATTERS PERSONAL TO
PARTICULAR EMPLOYEES WAS CONSIDERED.
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Jefferson , Yates , Martinez, Gillit
Nays : None
Absent: Council Member Olson
Council moved into Executive Session at 9:09 p.m . [Clerks note : Acting C ity Attorney Comer joined Council in
Executive Session .]
The meeting reconvened at 9:37 p.m. with all Council Members present.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO CLOSE
EXECUTIVE SESSION FOR 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 WAS CONSIDERED.
Vote results:
Ayes : Council Members Russell, Barrentine, Jefferson, Yates , Martinez, Gillit
Nays : None
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Absent: Council Member Olson
Motion carried .
(iii) Approval of a resolution establishing the salary for the Acting City Attorney was
considered.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO APPROVE
RESOLUTION N0.103, SERIES OF 2015, SETTING THE ACTING CITY ATTORNEY SALARY AT
$117,281 UNTIL A PERMANENT CITY ATTORNEY IS HIRED AT WHICH TIME THE ACTING CITY
ATTORNEY WILL GO BACK TO HIS PRESENT SALARY.
RESOLUTION NO. 103 , SERIES OF 2015
A RESOLUTION ESTABLISHING THE SALARY FOR THE ACTING CITY ATTORNEY OF THE CITY OF
ENGLEWOOD , COLORADO .
Vote results:
Motion carried.
Ayes : Council Members Russell, Barrentine, Jefferson, Yates , Martinez, Gillit
Nays : None
Absent: Council Member Olson
13 . City Manager's Report
(a) City Manager Keck discussed the CML Workshop : Effective Governance for Elected Officials to
be held on Friday, January 291h from 8:30 a.m. to 4 :00 p.m . in Denver .
• 14 . City Attorney's Report
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December 7, 2015
Page 8
(a) Acting City Attorney Comer requested Council move into Executive Session for a conference
with special counsel for the purpose of receiv ing legal advice on specific legal questions under C.R.S . Section
24-6-402 (4) (b).
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO MOVE INTO
EXECUTIVE SESSION FOR A CONFERENCE WITH SPECIAL COUNSEL FOR THE PURPOSE OF
RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402 (4) (b).
Vote results:
Motion carried.
Ayes : Council Members Russell , Barrentine, Jefferson , Yates, Martinez, Gillit
Nays : None
Absent: Council Member Olson
Council moved into Executive Session at 9:42 p.m . [Clerks note : Assistant City Manager Robinson , Acting City
Attorney Comer, Human Resources Manager Vega, and Attorney Martin Semple joined Council in Executive
Session .]
The meeting reconvened at 10 :24 p.m. with all Counci l Members present.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO CLOSE
EXECUTIVE SESSION FOR A CONFERENCE WITH SPECIAL COUNSEL FOR THE PURPOSE OF
RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402 (4) (b).
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Jefferson , Yates , Martinez , Gillit
Nays : None
Absent: Council Member Olson
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The Service Line Warranty Agreement was discussed .
COUNCIL MEMBER RUSSELL MOVED, AND COUNCIL MEMBER BARRENTINE SECONDED, TO
TERMINATE THE MARKETING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SERVICE LINE
WARRANTIES OF AMERICA AND TO TERMINATE THE USE OF THE CITY LOGO.
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine, Jefferson, Yates , Gillit
Nays: Council Member Martinez
Absent: Council Member Olson
15 . Adjournment
MAYOR JEFFERSON MOVED TO ADJOURN . The meeting adjourned at 10:49 p.m .
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