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Home My WebLink About2022-11-07 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, November 7, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Finance Jackie Loh was present to review the Monthly Financial Report. b) Director of Community Development Brad Power and Planning Manager Bryan Isham was present to give an update on CodeNext technical provision within Title 16. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:11 p.m. 3 Pledge of Allegiance Mayor Sierra led the Pledge of Allegiance 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 Jim Woodward COUNCIL ABSENT: Council Member Cheryl Wink STAFF PRESENT: City Manager Lewis Deputy City Attorney McDermott Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Assistant City Manager Dodd Director of Finance Loh Director of Community Development Power Director of Parks, Recreation, Library, and Golf Underhill Deputy Director Hoos, Public Works Page 1 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 Deputy Director of Business Solutions and Engineering Stone, Utilities Economic Development Manager Hollingsworth, Community Development Budget Administrator Nolan, Finance Department Code Enforcement Manager Lewis, Police Department Lead Code Enforcement Officer Futro, Police Department Code Enforcement Officer Kenny, Police Department Code Enforcement Officer Faseruk, Police Department Code Enforcement Officer Faricy, Police Department Park Ranger and Code Enforcement Officer, Kemberling, Police Department Network Administrator Hunnicutt, Information Technology System Administrator Munnell, Information Technology Sr. Tech Support Analyst Vinson, Information Technology Officer Smith, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of October 17, 2022. Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 17, 2022. AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Englewood Code Enforcement was recognized for receiving the Code Enforcement Division of the Year award and Code Enforcement Manager Dave Lewis received the Code Enforcement Supervisor Of The Year award • Code Enforcement Manager Dave Lewis • Lead Code Enforcement Officer Alexander Futro • Code Enforcement Officer Stacy Kenny • Code Enforcement Officer Caroline Faseruk • Code Enforcement Officer Tracie Faricy • Park Ranger and Code Enforcement Officer Sean Kemberling Page 2 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 7 Recognition of Scheduled Public Comment a) Marcia McGilley addressed Council regarding an IGA (economic development partnership) with the Aurora-South Metro Small Business Development Center. b) Kelly McCloskey, an Englewood resident, addressed Council to thank the Englewood Police and Victims Advocate for their quick response and compassion. c) PJ Kolnik, an Englewood resident, addressed Council regarding Code Next. 8 Recognition of Unscheduled Public Comment a) Nathan Hoag, an Englewood resident, addressed Council regarding the Englewood Christmas store. b) Dan Jacobson, an Englewood resident, addressed Council regarding the Englewood Can Group and Code Next. c) Gary Kozecek, an Englewood resident, addressed Council regarding new apartment development. Council Member Anderson responded to Public Comment. The meeting recessed at 7:53 p.m. for a break. The meeting reconvened at 8:04 p.m. with six Council Members present, Member Wink was absent. 9 Consent Agenda Items Moved by Council Member Ward seconded by Council Member Nunnenkamp to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i-iii), and 9(c)(i). a) Approval of Ordinances on First Reading i) CB 68 - Repealing the Shoplifting and Price Switching Ordinances from Offenses Code COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6 ARTICLE F, OF ENGLEWOOD MUNICIPAL CODE REGARDING SHOPLIFTING AND PRICE SWITCHING. ii) CB 71 - Approval of 3-year IGA with the Aurora-South Metro Small Business Development Center Page 3 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 COUNCIL BILL NO. 71, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE CONSULTING, AND WORKSHOPS IN THE CITY OF ENGLEWOOD. b) Approval of Ordinances on Second Reading. i) CB 62 - Amending the Englewood Municipal Code regarding Definition of Pawnbroker ORDINANCE NO. 57, SERIES OF 2022 (COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 5-15- 1 OF ENGLEWOOD MUNICIPAL CODE REGARDING THE DEFINITION OF PAWNBROKER. ii) CB 65 - Amending the Englewood Municipal Code regarding Trees and Shrubs. ORDINANCE NO. 58, SERIES OF 2022 (COUNCIL BILL NO. 65, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 11 CHAPTER 5 AND EMC § 15-1-2, REGARDING TREES TO ADOPT MODEL CODE TO ENSURE PROTECTION OF CITY TREES AND MOVE CORRECTION OF TREE VIOLATIONS TO NUISANCE ABATEMENT CODES. iii) CB 66 - IGA for Pedestrian Improvements at the Malley Senior Recreation Center. ORDINANCE NO. 59, SERIES OF 2022 (COUNCIL BILL NO.66, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD, COLORADO FOR MALLEY SENIOR CENTER SIDEWALK IMPROVEMENTS. c) Resolutions and Motions i) Resolution adopting the Economic Development Strategic Plan RESOLUTION NO. 35, SERIES OF 2022 Page 4 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 A RESOLUTION ADOPTING THE ECONOMIC DEVELOPMENT STRATEGIC PLAN. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp Motion to approve Consent Agenda items 9(a)(i-ii), 9(b)(i-iii), and 9(c)(i). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 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 39 - Amending Englewood Municipal Code regarding animal impoundment. Moved by Council Member Rita Russell Seconded by Council Member Joe Anderson Motion to table Council Bill No. 39 to the November 21, 2022, Regular City Council Meeting. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell (Moved By) x Jim Woodward x 5 1 0 Page 5 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 Motion CARRIED. ii) CB 67 - Amending Englewood Municipal Code to Increase the Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Discussion ensued. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Motion to amend Council Bill No. 67 by increasing the Waste Transfer Surcharge from .63 cents to .65 cents per cubic yard. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x 1 5 0 Motion DEFEATED. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 4-7-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING WASTE TRANSFER SURCHARGE. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Page 6 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 Motion CARRIED. iii) CB 69 - Amending Englewood Municipal Code establishing standard provisions for City contracts Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH MUNICIPAL CONTRACTING PROCESSES. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 6 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) 2023 Fees and Rates Schedule Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward RESOLUTION NO. 36, SERIES OF 2022 A RESOLUTION ADOPTING THE 2023 FEE AND UTILITY RATE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Page 7 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session for personnel matters under C.R.S. Section 24-6- 402(4)(f)(1) regarding review of the City Manager and City Attorney salaries. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION FOR PERSONNEL MATTERS UNDER C.R.S. SECTION 24-6-402(4)(F)(1) REGARDING REVIEW OF THE CITY MANAGER AND CITY ATTORNEY SALARIES. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. The meeting recessed at 8:58 p.m. to go into Executive Session. The meeting reconvened at 10:21 p.m. with six Council Members present, Member Wink was absent. 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. Page 8 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9 City Council Regular November 7, 2022 None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:28 p.m. Senior Deputy City Clerk Page 9 of 9 DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9