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Home My WebLink About2023-03-20 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, March 20, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Redevelopment Manager Dan Poremba and Director of Community Development Brad Power were present to provide an informational update regarding the two CityCenter Core Area redevelopment concept plans. The meeting recessed at 6:55 p.m. for a break. The meeting reconvened at 7:01 p.m. with six Council Members present, Council Member Wink was absent. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:01 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 Jim Woodward COUNCIL ABSENT: Council Member Wink STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Director of Community Development Power Director of Utilities and South Platte Renew Van Ry Director of Finance Loh Page 1 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 Director of Public Works Rachael Director of Parks, Recreation, Library, and Golf Underhill Deputy Chief of Police Fender Deputy Director Hoos, Public Works Planning Manager Isham, Community Development Redevelopment Manager Poremba, Community Development Engineering Supervisor Marquez, Utilities Superintendent Stumpff, Golf Manager Buccio, Golf Capital Project & Engineer Manager Jennings, Public Works Engineer III Ellis, Utilities Traffic Engineer Contractor Snyder, Public Works Planner II Sampson, Community Development Department Administrator Fenton, Community Development Network Administrator Hunnicutt, Information Technology Officer Creaghe, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of March 6, 2023. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 6, 2023. 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. b) Minutes of the Special Meeting of March 13, 2023. Moved by Council Member Jim Woodward Seconded by Council Member Rita Russell APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARCH 13, 2023. For Against Abstained Page 2 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Seconded By) x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) City Council recognized new and reappointed Board and Commission members: Board of Adjustment and Appeals Randall Friesen Andy Taylor Matt Collins Code Enforcement Advisory Committee Michael Vinson Englewood Housing Authority Mary Mills Lambert Madison Andrews Firefighters Pension Board Garrett Brookes Historic Preservation Committee Kenneth Chu Non-Emergency Retirement Board Garrett Brookes Planning and Zoning Commission Hope Swearingen Tena Prange Aaron Martinez Colin Haggerty Police Pension Board Garrett Brookes Public Library Board Gina Olberding Page 3 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 Scott Gilbert Sustainability Committee Logan Dunning Michael Chisholm Matthew Schultz Tian Duncan Transportation Authority Committee Chris Diedrich Patrick Lewis Urban Renewal Authority Linda Cohn Water and Sewer Board Ty Bereskie 7 Recognition of Scheduled Public Comment a) Cynthia Searfoss, an Englewood resident, addressed Council regarding CodeNext. b) Doug Cohn, an Englewood resident, addressed Council regarding history. c) Michele Marks, an Englewood resident, addressed Council regarding age and housing discrimination at Traditions at Englewood Apartments. d) Kelly McCloskey, an Englewood resident, addressed Council regarding Oxford Station parking. e) Marcy Brown, an Englewood resident, addressed Council regarding bulk plane. f) Wendy Rubin, Superintendent of Englewood Schools, addressed Council regarding the need for affordable housing and CodeNext. g) Mike Shoup, an Englewood resident, addressed Council regarding affordable housing. h) Jake Gilbert, an Englewood resident, addressed Council regarding affordable housing and CodeNext. 8 Recognition of Unscheduled Public Comment a) Gary Kozacek, an Englewood resident, addressed City Council regarding ice in the city. b) Joe Phillips, an Englewood resident, addressed City Council regarding housing. Page 4 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 c) Rebecca Dickman, an Englewood resident, addressed City Council regarding rezoning. d) Rick Emmelhainz, an Englewood resident, addressed City Council regarding rezoning. e) Mary Regan, an Englewood resident, addressed City Council regarding rezoning. f) Kevin Wright, an Englewood resident, addressed City Council regarding CodeNext. g) C. Ann Dickerson, an Englewood resident, addressed City Council regarding Council members and a magazine article. h) Jan Weipert, an Englewood resident, addressed City Council regarding rezoning and meeting in person. i) Marjan Freeman, an Englewood resident, addressed Council regarding rezoning. j) Aaron Reid, an Englewood resident, addressed Council regarding Englewood Trolley, golf carts, and planned unit development. k) Judith Marienthal, an Englewood resident, addressed Council regarding housing. Mayor Sierra responded to Public Comment. The meeting recessed at 8:54 p.m. for a break. The meeting reconvened at 9:09 p.m. with six Council Members present, Council Member Wink was absent. 9 Consent Agenda Items Council Member Nunnenkamp removed Agenda Item 9(a)(ii) from Consent Agenda. Council Member Ward removed Agenda Item 9(a)(iii) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Woodward to approve Consent Agenda Items 9(a)(i), 9(b)(i-ii), and 9(c)(i-ii) a) Approval of Ordinances on First Reading i) CB 13 - Approve a bill for an ordinance for the 2023 Intergovernmental Agreement with RTD for Funding of Englewood Trolley COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR 2023 REGIONAL TRANSPORTATION DISTRICT FUNDING OF LOCAL Page 5 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 TRANSPORTATION SERVICES BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD - ENGLEWOOD TROLLEY. ii) CB14 - IGA with City of Littleton for dispatch All Health Mobile Response Unit Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF MUTUAL AID BETWEEN LITTLETON POLICE DISPATCH AND ENGLEWOOD POLICE DISPATCH For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. iii) CB 19 - Amending Englewood Municipal Code sections regarding fermented malt beverage and wine retailers Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, SECTIONS 5-3A-6, 5-3A-7, 5-3A-8, AND 5-3A-9 OF THE ENGLEWOOD MUNICIPAL CODE REGARDING WINE SALES LICENSE Page 6 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 5 0 1 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB 11 - Amending Englewood Municipal Code Title regarding licensure of hotels, bed and breakfasts ORDINANCE NO. 13, SERIES OF 2023 (COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING HOTEL, BED AND BREAKFAST LICENSURE ii) CB 12 - Procurement of 70 new Electric Club Car golf cars from Colorado Golf and Turf by entering into a 5 year lease to purchase for a total contract amount of $357,194. ORDINANCE NO. 14, SERIES OF 2023 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE APPROVING A LEASE TO PURCHASE AGREEMENT FOR SEVENTY CLUB CARS FROM CLUB CAR LLC UNDER THE TERMS OF THE MASTER CONTRACT FOR PRODUCTS AND SERVICES CONTRACT NUMBER EV267-01 HOSTED BY THE CITY OF KANSAS CITY, MISSOURI, DATED NOVEMBER 19, 2019 c) Resolutions and Motions i) Approval of participation agreements for opioid settlements with five additional opioid companies in nation-wide opioid litigation Approval of a participation agreement for opioid settlements with Teva Pharmaceutical Industries Ltd. and Allergan Finance, LLC/Allergan Limited, as well as with Walmart Inc., CVS Health Corporation/CVS Pharmacy, Inc., and Walgreen Co. ii) Establishing City Council meeting dates in July, 2023 Page 7 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 RESOLUTION NO. 10, SERIES OF 2023 A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES IN JULY, 2023 Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward Motion to approve Consent Agenda items 9(a)(i), 9(b)(i-ii), and 9(c)(i-ii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) 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 18 - First Reading for a planned unit development at 1314 West Oxford Avenue (Sam's Automotive Property) Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE EMBREY - OXFORD & NAVAJO PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 1314 WEST OXFORD AVENUE (SAM'S AUTOMOTIVE PROPERTY) IN THE CITY OF ENGLEWOOD, COLORADO For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Page 8 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 5 1 0 Motion CARRIED. ii) CB 17 - First Reading for a major subdivision for the Sam's Automotive redevelopment Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE APPROVING THE OXFORD AND NAVAJO ESTATES SUBDIVISION IN CONJUNCTION WITH THE EMBREY - OXFORD & NAVAJO PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 1314 WEST OXFORD AVENUE (SAM'S AUTOMOTIVE PROPERTY) IN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 5 1 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 10 - Amending scope of Intergovernmental Agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson ORDINANCE NO. 15, SERIES OF 2023 (COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER ANDERSON) Page 9 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 AN ORDINANCE AUTHORIZING THE FIRST AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON AND THE COUNTY OF ARAPAHOE, COLORADO FOR THE DEVELOPMENT OF A TR-ICITIES HOMELESSNESS COORDINATOR POSITION. 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 5 1 0 Motion CARRIED. c) Resolutions and Motions i) Ground Lease Agreement for Englewood McLellan Reservoir Foundation Properties Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward RESOLUTION NO. 11, SERIES OF 2023 A RESOLUTION SUPPORTING AN AGREEMENT BY THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION (EMRF) FOR THE LEASE OF A PORTION OF THE MCLELLAN PROPERTY, LOT 3, HIGHLANDS RANCH FILING, DOUGLAS COUNTY, COLORADO, TO INTEGRITY MOTORS LTD. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. Page 10 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 ii) Professional Services Agreement with Reynolds Construction, LLC for City Ditch Piping Project pre-construction services Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Approval of a Professional Service Agreement with Reynolds for City Ditch Piping Project preconstruction services in the amount of $207,080, including approval to execute change order(s) to expend a 10% staff- managed contingency of $20,708, for a total project authorization of $227,788. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. iii) Utilities staff is seeking City Council approval of a Professional Services Agreement with Hazen and Sawyer for the Lead and Copper Reduction Program management services in the amount of $1,631,872. Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Approval of a Professional Services Agreement with Hazen and Sawyer for Lead and Copper Reduction Program Management Services in the amount of $1,631,872. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell (Moved By) x Jim Woodward x 6 0 0 Motion CARRIED. iv) Big Dry Creek Diversion Project Construction Manager / General Contractor approval. Page 11 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A City Council Regular March 20, 2023 Moved by Council Member Joe Anderson Seconded by Council Member Rita Russell Approval of a Professional Services Agreement with SEMA Construction Inc (SEMA) for Big Dry Creek Diversion Project pre-construction services in the amount of $119,463, including approval to execute change order(s) to expend a 10% staff-managed contingency of $11,946, for a total project authorization of $131,409. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell (Seconded By) x Jim Woodward x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:39 p.m. City Clerk Page 12 of 12 DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A