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Home My WebLink About2022-08-15 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, August 15, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Public Works Maria D'Andrea was present to provide an overview of the Complete Streets Initiative & Applicability to Englewood Street Network. b) Director of Public Works Maria D'Andrea and Gaurav Vasisht of Felsburg, Holt & Ullevig were present to give an update on the progress of the multi-agency study being led by the City of Englewood. c) Director of Finance Jackie Loh and Wendy Dominguez of Innovest Portfolio Solutions, LLC, were present to review the Investment Policy Statement (IPS) for the City's 401(a) and 457 Retirement Plan. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:07 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Cheryl Wink Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Page 1 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 Assistant City Manager Dodd Director of Finance Loh Director of Public Works D'Andrea Director of Community Development Power Director of Human Resources Weiske Director of Parks, Recreation, Library, and Golf Underhill Deputy Director of Engineering and Asset Management Hoos, Public Works Senior Capital Project Specialist Goblirsch, Public Works Budget Administrator Nolan, Finance Department Code Enforcement Manager Lewis, Police Network Administrator Hunnicutt, Information Technology Senior Technical Support Specialist Ramirez, Information Technology Officer Hume, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of August 1, 2022. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 1, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Appointments, Communications, Proclamations, or Recognition. 7 Recognition of Scheduled Public Comment a) Steven Kelly, an Englewood resident, addressed Council regarding dog parks. b) Jacob Gilbert, an Englewood resident, addressed Council regarding dog parks. Page 2 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 c) Doug Cohn, an Englewood resident, addressed Council regarding National Night Out and accessibility to online portals. 8 Recognition of Unscheduled Public Comment a) Jeremiah Kell-Clark, an Englewood resident, addressed Council regarding 5G cell towers. b) Jessica Leclaire, an Englewood resident, addressed Council regarding dog parks. c) John Weisheit, an Englewood resident, addressed Council regarding dog parks. Mayor Othoniel Sierra responded to Public Comment. The meeting recessed at 7:40 p.m. for a break. The meeting reconvened at 7:50 p.m. with all Council members present. 9 Consent Agenda Items Moved by Council Member Woodward seconded by Council Member Wink to approve Consent Agenda Items 9 (a)(i-iii), 9 (b)(i-iii) and 9 (c)(i) a) Approval of Ordinances on First Reading i) CB 40 - Allow Court and Prosecution staff to hand documents to defendants and witnesses, and to authorize Court to withdraw bench warrant and instead serve summons to defendants in lieu of arrest COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 1-7A-5 AND 1-7A-9 OF THE ENGLEWOOD MUNICIPAL CODE TO REDUCE ARRESTS AND IMPROVE EFFICIENCY IN THE SERVICE OF PROCESS FOR MUNICIPAL COURT. ii) CB 44 -Amending Englewood Municipal Code Title 4, Chapter 1, Section 4-1-2 concerning the annual required adoption of the City's investment policy. COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 4, CHAPTER 1, SECTION 4-1-2 CONCERNING THE ANNUAL REQUIRED ADOPTION OF THE CITY’S INVESTMENT POLICY. Page 3 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 iii) CB 45 - Intergovernmental Agreement with the City of Centennial to provide interconnectivity between traffic signal systems for public benefit. COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF CENTENNIAL AND THE CITY OF ENGLEWOOD REGARDING SYSTEM TO SYSTEM COMMUNICATION PROJECT FUNDING. b) Approval of Ordinances on Second Reading. i) CB 36 - Amending Englewood Municipal Code to mirror Colorado statute and provide clarity of offenses for filing in Englewood Municipal Court. ORDINANCE NO. 36, SERIES OF 2022 (COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING CERTAIN PUBLIC OFFENSE CODE SECTIONS OF ENGLEWOOD MUNICIPAL CODE TO MIRROR STATE STATUTE AND ENSURE COMPLIANCE WITH APPLICABLE LAW. ii) CB 42 - The Colorado Department of Local Affairs (DOLA) Special Initiative Grant ORDINANCE NO. 37 SERIES OF 2022 (COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING A GRANT AGREEMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR GRANT FUNDS FOR POOLS SPECIAL INITIATIVE 2022 PROGRAM AND ACCEPTANCE OF GRANT FUNDS. iii) CB 43 - IGA with Arapahoe County for Coordinated Election Services ORDINANCE NO. 38, SERIES OF 2022 (COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2022. c) Resolutions and Motions i) Approval of Englewood Police Benefit Association (EPBA) Contract Page 4 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 Approval of the Collective Bargaining Agreement for the Englewood Police Benefit Association (EPBA). Moved by Council Member Jim Woodward Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda items 9(a)(i-iii), 9(b)(i-iii) and 9 (c)(i). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 46 - Update to the current off-leash ordinance. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve Council Bill No. 46 Discussion ensued. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to amend Council Bill No. 46 by changing the language to: on the north side of the park only, as separated by fencing from the southeast playground area; but in the northeast corner of the park only, when the northwest corner of the park as separated by north to south fencing is reserved and only during the hours of 6 a.m. to 11 a.m. and 6 p.m. to 11 Page 5 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through the last day of February. For Against Abstained Joe Anderson (Moved By) x Steven Ward (Seconded By) x Othoniel Sierra x Chelsea Nunnenkamp x Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Rita Russell Motion to amend Council Bill No. 46 by changing the word "vandalism of" to "damage to". For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Moved By) x Rita Russell (Seconded By) x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member Othoniel Sierra Motion to amend Council Bill No.46 by changing the wording of February 28th to "the last day of February" on all items pertaining to the end date. For Against Abstained Othoniel Sierra (Seconded By) x Jim Woodward (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Page 6 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 Rita Russell x Cheryl Wink x 7 0 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING FENCING AT JASON PARK FOR OFF-LEASH DOG PRIVILEGES AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9 (b)(i-iii).) c) Resolutions and Motions i) Approval of a contract to provide security services for EEF and Civic Center properties. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Cheryl Wink Approval of a contract with Allied Universal Security Services to provide Security Services for the EEF (Englewood Environmental Foundation) properties and for the Civic Center building. This is a Contract for Services for a not-to-exceed amount of $ 500,000.00. Page 7 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward x 7 0 0 Motion CARRIED. ii) Resolution adopting the changes to the Reserve and Investment Policy Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward Motion to approve a Resolution adopting changes to the Reserve and Investment Policy. Discussion ensued. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Motion to amend the Resolution by changing operating expenditure to projected operation revenue. Mayor Pro Tem Ward withdrew his amendment. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward RESOLUTION NO. 27, SERIES OF 2022 A RESOLUTION AUTHORIZING THE ADOPTION OF THE ENGLEWOOD FINANCIAL POLICIES: STRUCTURALLY BALANCED BUDGET, FUND BALANCE POLICY, DEBT POLICY, INVESTMENT POLICY AND THE AUDIT PROCUREMENT. For Against Abstained Joe Anderson (Moved By) x Steven Ward (Seconded By) x Othoniel Sierra x Chelsea Nunnenkamp x Page 8 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. iii) 2022 Budget Supplemental Resolution #3 Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 28, SERIES OF 2022 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2022 BUDGET OF THE CITY OF ENGLEWOOD. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(I) for the purpose of annual employment reviews 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. Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp Page 9 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 MOTION TO MOVE INTO AN EXECUTIVE SESSION PURSUANT TO C.R.S. § 24-6-402(4)(F)(I) FOR PERSONNEL MATTERS, TO DISCUSS THE ANNUAL PERFORMANCE REVIEW OF CITY MANAGER SHAWN LEWIS; IMMEDIATELY FOLLOWED BY AN EXECUTIVE SESSION PURSUANT TO C.R.S. § 24-6-402(4)(A) AND (4)(B) TO RECEIVE LEGAL ADVICE ON THE ACQUISITION OF REAL PROPERTY, AND POTENTIAL LEGAL ACTION REGARDING THE ACQUISITION; IMMEDIATELY FOLLOWED BY AN EXECUTIVE SESSION PURSUANT TO C.R.S. § 24-6-402(4)(F)(I) FOR PERSONNEL MATTERS, TO DISCUSS THE ANNUAL PERFORMANCE REVIEW OF CITY ATTORNEY TAMARA NILES. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. The meeting recessed at 9:21 p.m. to go into Executive Session. The meeting reconvened at 11:28 p.m. with all Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink MOTION TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Page 10 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A City Council Regular August 15, 2022 Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 11:33 p.m. City Clerk Page 11 of 11 DocuSign Envelope ID: EBC9CCA8-24BA-4D30-B85B-99315EC39A1A