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HomeMy WebLinkAbout2023-06-05 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, June 5, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) The Arapahoe County Commissioners and Council discussed shared topics and provided updates. The meeting recessed at 7:03 p.m. for a break. The meeting reconvened at 7:14 p.m. all Council Members were present. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:14 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- attended virtually Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Director of Community Development Power Director of Finance Loh Director of Parks, Recreation, Library, and Golf Underhill Page 1 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 Director of Public Works Rachael Director of Englewood Utilities and South Platte Renew Van Ry Director of Communications Harguth Deputy Director of Engineering Hoos, Public Works Division Chief Jones, Police Department Economic Development Manager Hollingsworth, Community Development Capital Project Engineer II Keener, Public Works Capital Project Engineer II Grafman, Public Works Department Administrator Fenton, Community Development System Administrator Munnell, Information Technology Network Administrator Hunnicutt, Information Technology Sergeant Smith, Police Department Officer Raddell, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of May 15, 2023. Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 15, 2023 AS AMENDED. 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. b) Minutes of the Special City Council Meeting of May 22, 2023. Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 22, 2023 For Against Abstained Othoniel Sierra x Page 2 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Recognition of Economic Development Manager Darren Hollingsworth and Community Development Director Brad Power in receiving the Downtown Colorado, Inc. Governor’s Award for Excellence b) Recognition of Deputy City Manager Tim Dodd for completion of the International City Management Association Emerging Leaders Development Program. c) A Proclamation declaring Juneteenth in the City of Englewood, Colorado was read into the record and presented by Mayor Sierra. d) A Proclamation declaring June Pride Month in the City of Englewood was read into the record and presented by Mayor Sierra. e) A Proclamation declaring June Pollinator Appreciation Month in the City of Englewood was read into the record and presented by Mayor Sierra. 7 Recognition of Scheduled Public Comment a) Doug Cohn, an Englewood resident, addressed Council regarding history. b) Jessica Naab addressed Council regarding consideration of a pet store ordinance to prevent the retail sale of dogs and cats in a brick-and-mortar stores. c) Eric Bertoluzzi updated Council on Englewood Arts. d) Kathleen Bailey, an Englewood resident, was scheduled to address Council but was not present. e) C. Ann Dickerson, an Englewood resident, addressed Council regarding City Council. f) Gary Kozacek, an Englewood resident, addressed Council regarding the Referendum. 8 Recognition of Unscheduled Public Comment a) Lauren Romack addressed Council regarding a pet store ordinance. b) Thomas McBride addressed Council regarding a pet store ordinance. Page 3 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 c) Jan Weipert, an Englewood resident, addressed Council regarding ADU. d) Chris Duis, an Englewood resident, addressed Council regarding Little Dry Creek. e) Ellie Burbee, an Englewood resident, addressed Council regarding housing issues. f) Madison Andrews, an Englewood resident, addressed Council regarding affordable housing. g) Maggie Burns, an Englewood resident, addressed Council regarding encouragement. h) Kevin Wright, an Englewood resident, addressed Council regarding code next and COVID-19. i) Kim Wright, an Englewood resident, addressed Council regarding a church using Hampton Hall. j) Ida May Nicholl, an Englewood resident, addressed Council regarding art history. k) Regan Benson, addressed Council regarding City Prosecutor and homelessness. l) April Reigne addressed Council regarding City Council and homelessness. Mayor Sierra responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(b)(i) from Consent Agenda Moved by Council Member Nunnenkamp seconded by Council Member Anderson to approve Consent Agenda Items 9(a)(i-ii). a) Approval of Ordinances on First Reading i) CB-26 South Metro Enterprise Zone Administrative Grant COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. ii) CB-27 Memorandum of Understanding (MOU) between Englewood Schools and the Englewood Police Department Page 4 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD SCHOOLS FOR THE INTEROPERABLE COMMUNICATIONS GRANT MEMORANDUM OF UNDERSTANDING. b) Approval of Ordinances on Second Reading. i) CB-22 Amending Englewood Municipal Code Regarding Reimbursement of Police Department Costs. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Motion to amend Council Bill No. 22 by removing section 1, line C from the Council Bill. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Cheryl Wink (Seconded By) x Jim Woodward x 7 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson Council Bill No. 22 will come back as a second reading on June 19, 2023. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Page 5 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve Consent Agenda items 9(a)(i-ii). 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. c) Resolutions and Motions There were no additional Resolutions and Motions. (See Agenda Items 9(c)(i- iv).) 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-28 Staying Ordinance 22, Series of 2023, Subdivision of Sam's Automotive Property Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP Page 6 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 A BILL FOR AN ORDINANCE STAYING ORDINANCE 22, SERIES OF 2023 REGARDING SUBDIVISION OF PROPERTY SUBJECT TO REFERENDUM. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 9:18 p.m. for a break. The meeting reconvened at 9:27 p.m. all Council Members were present. b) Approval of Ordinances on Second Reading i) CB-25 Old Hampden Complete Streets Intergovernmental Agreement. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp ORDINANCE NO. 27, SERIES OF 2023 (COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE HAMPDEN AVENUE COMPLETE STREETS IMPROVEMENTS PROJECT NO. ARPA M395-026 (25459). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Page 7 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 Motion CARRIED. c) Resolutions and Motions i) 2023 Mill and Overlay Project Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward Approval of the 2023 Mill and Overlay. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. ii) 2022 Year End Budget Supplemental Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 16, SERIES OF 2023 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 6 1 0 Page 8 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 Motion CARRIED. iii) Contract with Englewood Arts for use of a portion of the Englewood Civic Center Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Motion to table item 11ciii to a future meeting. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell (Moved By) x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. iv) Contract with Historic Englewood for use of a portion of the Englewood Civic Center Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Rita Russell Motion to table item 11civ to a future study session. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell (Seconded By) x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice Page 9 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 City Council Regular June 5, 2023 b) Council Members' Choice 13 City Manager’s Report 14 Adjournment a) MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:46 p.m. City Clerk Page 10 of 10 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 1 ORDINANCE NO. 28 COUNCIL BILL NO. 26 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. WHEREAS, since 1998 the City of Englewood has applied for grant funds from the State of Colorado, Office of Economic Development and International Trade (OEDIT) to fund administration activities for the south metro enterprise zone; and WHEREAS, in 2015 the City of Englewood applied to the Colorado Economic Development Commission and was granted Enterprise Zone status for the entire City of Englewood; and WHEREAS, the City of Englewood is the administrator for the South Metro Enterprise Zone for the cities of Littleton, Sheridan, the Town of Parker and Englewood; and WHEREAS, this year the State of Colorado Economic Development Commission issued an unsolicited grant to the City of Englewood to reimburse the City for the administration of the Enterprise Zone; and WHEREAS, the Enterprise Zone is used in the City to initiate business retention, business expansion, and business attraction activities; and WHEREAS, the Grant and related Agreement between the State of Colorado Economic Development Commission and International Trade (OEDIT), and the City of Englewood pledges $18,423.00 in local matching funds in the form of staff time, overhead, and marketing materials to meet this obligation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The State of Colorado, Economic Development Commission Colorado Purchase Order #PO POGG1, EDAA, 202300003551 for the Grant of $18,423.00 to be used for Enterprise Zone Administrative activities, attached hereto with Exhibit A – Statement of Work, is hereby authorized and accepted. Section 2. General Provisions Applicable to this Ordinance DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 2 The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 3 Introduced and passed on first reading on the 5th day of June, 2023; and on second reading, in identical form to the first reading, on the 20th day of June, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 1 ORDINANCE COUNCIL BILL NO. 27 NO. 29 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD SCHOOLS FOR THE INTEROPERABLE COMMUNICATIONS GRANT MEMORANDUM OF UNDERSTANDING WHEREAS, The Colorado Safe Schools Act 22-32-109.1, C.R.S. provides that public safety agencies are indispensable community partners that schools rely upon for school safety; and WHEREAS, the Colorado Safe Schools Act identifies the importance of communications interoperability between community partners; and WHEREAS, the Colorado Legislature established the SAFER Grant program to enable school districts and their community partners to achieve emergency communications interoperability; and WHEREAS, as part of the SAFER Grant application process a memorandum of understanding between the various agencies is required; and WHEREAS, the passage of this Ordinance will authorize the City to enter into a memorandum of understanding with Englewood Schools regarding interoperable communications; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with Englewood Schools for Interoperable Communications Grant Memorandum of Understanding, in the form substantially the same as that attached hereto. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 2 A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has authority to correct formatting and/or typographical errors discovered during codification. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 3 Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 5th day of June, 2023; and on second reading, in identical form to the first reading, on the 20th day of June, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 1 ORDINANCE COUNCIL BILL NO. 28 NO. 30 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER NUNNENKAMP AN ORDINANCE STAYING ORDINANCE 22, SERIES OF 2023 REGARDING SUBDIVISION OF PROPERTY SUBJECT TO REFERENDUM WHEREAS, on the 3rd day of April, 2023, City Council adopted Ordinance No. 21, Series of 2023, approving the Embrey - Oxford & Navajo Planned Unit Development (PUD), located at 1314 West Oxford Avenue (Sam's Automotive Property) in the City of Englewood (hereafter “PUD Ordinance”); and WHEREAS, also on the 3rd day of April, 2023, City Council adopted Ordinance No. 22, Series of 2023, approving a subdivision to accommodate the development approved in the PUD Ordinance (hereafter “Subdivision Ordinance”); and WHEREAS, on the 4th day of May, 2023, the City Clerk received a Referendum Petition requesting repeal or election of the PUD Ordinance; and WHEREAS, the City Clerk issued a Notice of Sufficiency, determining the signatures were valid and sufficient for City Council to reconsider the PUD Ordinance or place its repeal on a ballot for elector consideration; and WHEREAS, a Referendum on the PUD Ordinance does not impact the Subdivision Ordinance or deadlines required to implement the Subdivision Ordinance pursuant to Englewood Municipal Code; and WHEREAS, if the PUD Ordinance is repealed, the Subdivision Ordinance is no longer required as it was sought solely to support the PUD; and WHEREAS, the proponents of the ordinances have requested City Council stay the Subdivision Ordinance and deadlines regarding said subdivision until the PUD Ordinance referendum process is complete. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Stay of Ordinance No. 22, Series of 2023: PUD Subdivision Ordinance No. 22, Series of 2023, and all applicable deadlines resulting from the adoption of that ordinance, are hereby stayed until 60 days after the Referendum challenging the PUD Ordinance No. 21, Series of 2023 has been finally resolved and all applicable periods for legal challenges to the PUD Ordinance and the PUD have DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 2 expired. Should the Ballot question above be approved by a majority of voters, and Ordinance No. 21, Series of 2023 be repealed, Ordinance No. 21, Series of 2023 also shall be simultaneously repealed upon the expiration of any applicable appeal deadlines or the resolution of any appeal. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 3 of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has authority to correct formatting and/or typographical errors discovered during codification. Introduced and passed on first reading on the 5th day of June, 2023; and on second reading, in identical form to the first reading, on the 20th day of June, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 1 RESOLUTION NO. 17 SERIES OF 2023 A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD. WHEREAS, City Council wishes to appoint members to boards, commissions and committees for the City of Englewood; WHEREAS, the names of members to be appointed and the boards, commissions and committees they will be representing, with term expiration dates set forth below; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service these individuals have agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment to boards, commissions and committees to serve at the request of the City Council effective July 1, 2023: BOARD/COMMISSION/COMMITTEE TERM 1. Board of Adjustment and Appeals a. C Ann Dickerson —Alternate 2. Budget Advisory Committee a. James Horan (reappointment) --Regular July 6, 2026 b. Peter Eckel --Regular July 6, 2024 c. Junyer (Jay) Knight —Alternate 3. Code Enforcement Advisory Committee a. Carson Green (reappointment) --Regular July 7, 2025 b. Robert Watson (reappointment) --Regular July 7, 2025 c. Sonja Strom (reappointment) --Regular July 7, 2025 4. Cultural Arts Commission a. Shane Smith --Regular July 7, 2025 b. Theresa Adams(reappointment) --Regular July 6, 2026 c. Lia Moran (reappointment) --Regular July 6, 2026 d. Erica Krysl --Regular July 6, 2026 DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 2 5. Election Commission a. Mitchell Waldman --Regular July 5, 2027 6. Englewood Downtown Development Authority a. Diane Reinhard (reappointment) --Regular July 5, 2027 b. Brad Nixon (reappointment) --Regular July 5, 2027 7. Englewood Housing Authority a. Member Mary Mills Lambert (reappointment)--Regular July 3, 2028 b. Member Madison Andres --Regular July 3, 2028 c. Sherri Stinson —Alternate 8. Malley Center Trust Fund Board (MCTF) a. Mitchell Waldman --Regular July 6, 2026 9. Parks and Recreation Commission a. Emma Wood --Regular February 3, 2025 b. Jena Biondolilo --Regular February 2, 2026 10. Planning and Zoning Commission a. Camille Keyes —Alternate 11. Public Library Board a. Chris Rey --Regular February 3, 2025 12. Sustainability Committee a. Shelly Oren --Regular July 7, 2025 b. Patrick Fitzgerald --Regular July 7, 2025 c. Tracy Csavina —Alternate 13. Urban Renewal Authority a. Shane Smith--Regular February 2, 2026 Section 2. Pursuant to EMC § 2-13A-1, alternate members appointed herein are permitted to vote and meet quorum requirements when serving in the place of a regular member not in attendance at such meeting. Moreover, unless the by-laws of the board or commission or applicable law require otherwise, in the event of a board member vacancy, any board, commission, or committee may notify the City Clerk that it will elevate an alternate member to a regular, voting board member position to fill the remaining term of the vacant position. ADOPTED AND APPROVED this 20th day of June, 2023. Othoniel Sierra, Mayor DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 17, Series of 2023. Stephanie Carlile DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84