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Home My WebLink About2023-10-02 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, October 2, 2023 ♦ 7:00 p.m. There are no Study Session items. The Regular Meeting will begin at 7:00 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of September 18, 2023. 5a b. Minutes of the Special City Council Meeting of September 25, 2023 5b 6. Appointments, Communications, Proclamations, and Recognition a. Recognition of the Englewood Police Department for taking the One Mind Campaign Pledge, sponsored by the International Association of Chiefs' of Police b. Recognition of the Englewood Police Department for receiving Accreditation by the Colorado Association of Chiefs of Police c. Conflict Resolution Month Proclamation 6c d. Code Enforcement Month Proclamation 6d e. Indigenous People's Day Proclamation 6e f. Breast Cancer Awareness Month Proclamation 6f g. Appointment of affordable housing task force members Englewood Residents – Renters •Amber Reyes •Sophia King Page 1 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Affordable Housing Developer •Kory Whitaker/Habitat for Humanity Englewood Business Owners •Joseph Phillips/Fellow Traveler 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. C. Ann Dickerson, an Englewood resident, will address Council. b. Martin Vorum, an Englewood resident, will address Council regarding CodeNext and communication c. Jan Weipert, an Englewood resident, will address Council. d. Sheila Singer, an Englewood resident, will address Council. e. Elaine Hults, an Englewood resident, will address Council. f. Pamela Beets, an Englewood resident, will address Council. g. Ida May Nicholl, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, October 2nd please visit: Zoom to register or plan to attend in person. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, October 3rd. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. Page 2 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-66 Xcel Energy requests permission to rebuild the Natural Gas Regulator station at Bates Logan Park. 9ai Staff recommends City Council approve a Bill for an Ordinance for an Easement and Temporary Construction Easement (Staging Yard) both covering a portion of Section 34, Township 4 South, Range 68 West, Arapahoe County, State of Colorado (Bates Logan Park). Staff: Open Space Manager Adrian Torres, Civil Engineer II Andrea Weaver, Mel Lee, Real Estate and Right of way Lead, HDR b. Approval of Ordinances on Second Reading. i. CB-41 Intergovernmental Agreement with Arapahoe County accepting a grant for Bates Logan Park 9bi Staff recommends City Council approve an Ordinance authorizing an IGA with Arapahoe County accepting the grant from ACOS for Bates Logan Phase 2. Staff: Director of Parks, Recreation, Library and Golf Christina Underhill, and Deputy Director of Parks, Recreation, Library and Golf Anderson, and Open Space Manager Adrian Torres ii. CB-48 Amending Englewood Municipal Code to reflect new state name for art gallery permit, update state law references. 9bii Staff recommends City Council approve an Ordinance to amend municipal code to reflect new state name for art gallery permit, update state law references. Staff: City Attorney Tamara Niles iii. CB-50 Amending Englewood Municipal Code to reflect new state definition of serious bodily injury 9biii Staff recommends City Council approve an Ordinance amending municipal code sections to reflect new state definition of serious bodily injury. Staff: City Attorney Tamara Niles iv. CB-51 Intergovernmental Agreement between the City of Englewood and Arapahoe County for the Arapahoe Countywide Transit and Micro Mobility Study 9biv Staff recommends City Council approve an Ordinance - Intergovernmental Agreement between the City of Englewood and Arapahoe County Board of Commissioners. Staff: Senior Planner John Voboril v. CB-54 Intergovernmental Agreement between the City of Englewood and the Douglas County Sheriff regarding the use of an armored critical incident vehicle 9bv Page 3 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Staff recommends City Council approve an Ordinance for an M.O.U. between Englewood Police and Douglas County Sheriff regarding use of an armored critical incident vehicle. Staff: Deputy Chief of Police Vance Fender vi. CB-55 Memorandum of Understanding with Englewood Downtown Development Authority to Authorize Acceptance of EDDA funds for City Community Improvement Projects 9bvi Staff recommends City Council consider an Ordinance to approve a MOU with EDDA. Staff: City Attorney Tamara Niles vii. CB-57 Amendment to Water Infrastructure Financing and Innovation Act Water Loan 9bvii Staff recommends City Council approve an Ordinance WIFIA Water Loan Agreement Amendment. Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Utilities and South Platte Renew Sarah Stone viii. CB-58 City Ditch Crossing Agreements with Littleton 9bviii Staff recommends City Council approve an Ordinance City Ditch Crossing Agreements with Littleton. Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Utilities and South Platte renew - Business Solutions Sarah Stone ix. CB-59 Agreements and Temporary Construction Easement for McBroom Ditch Crossing 9bix Staff recommends City Council approve an Ordinance for Agreements and Temporary Construction Easement for McBroom Ditch Crossing. Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Utilities and South Platte renew - Business Solutions Sarah Stone x. CB-61 2024 Budget Ordinances Second Reading (1 of 5) 9bx Staff recommends City Council approve an Ordinance 2024 Budget Ordinances Second Reading. Staff: Director of Finance Jackie Loh xi. CB-62 2024 Budget Ordinances Second Reading (2 of 5) 9bxi Staff recommends City Council approve an Ordinance 2024 Budget Ordinances Second Reading . Staff: Director of Finance Jackie Loh xii. CB-63 2024 Budget Ordinances Second Reading (3 of 5) 9bxii Staff recommends City Council approve an Ordinance 2024 Budget Ordinances Second Reading . Staff: Director of Finance Jackie Loh Page 4 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. xiii. CB-65 2024 Budget Ordinances Second Reading (4 of 5) 9bxiii Staff recommends City Council approve an Ordinance 2024 Budget Ordinances Second Reading. Staff: Director of Finance Jackie Loh xiv. CB-64 2024 Budget Ordinances Second Reading (5 of 5) 9bxiv Staff recommends City Council approve an Ordinance 2024 Budget Ordinances Second Reading. Staff: Director of Finance Jackie Loh c. Resolutions and Motions i. Contract to purchase a new electric train from Chance Rides LLC 9ci Staff recommends City Council approve a Resolution authorizing a contract for the Replacement of Belleview Train, partially using funds received from the Broncos franchise sale. Staff: Director of Parks, Recreation, Library and Golf Christina Underhill, Deputy Director of Parks, Recreation, Library and Golf Brad Anderson ii. Withdrawing appointment of Associate Municipal Judge Jonathan Lucero 9cii Staff recommends City Council approve a Resolution withdrawing the appoint of Jonathan Lucero as Associate Municipal Judge. Staff: City Attorney Tamara Niles iii. Agreement between City of Englewood and Kaiser Foundation Health Plan of Colorado 9ciii Staff recommends City Council approve, by Resolution, Letter of Agreement between City of Englewood (Group #47057) and Kaiser Foundation Health Plan of Colorado. Staff: Director of Human Resources Shawn Weiske 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB-67 Proposed rate increase for the Stormwater Utility Fund 11ai Staff recommends City Council approve a Bill for an Ordinance 2024 Stormwater Utility Rate Increase Ordinance. Staff: Deputy Director of Engineering- Public Works Tim Hoos b. Approval of Ordinances on Second Reading i. CB-32 Ban of live cat and dog sales at retail 11bi Page 5 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Staff recommends City Council approve an Ordinance banning live dog and cat sales at retail. Staff: City Attorney Tamara Niles ii. CB-53 Council Bill designating City Manager's contracting authority in the event City Council lacks a quorum 11bii Staff recommends City Council consider an Ordinance designating City Manager's contracting authority in the event City Council lacks a quorum. Staff: City Attorney Tamara Niles c. Resolutions and Motions i. Motion to approve a contract with Insituform Technologies for the South Englewood Flood Reduction Site A project. Insituform Technologies was the low bidder of two (2) bids for the Invitation to Bid 23-029. Their bid was $3,484,022.00. 11ci Staff recommends City Council approve a Motion to approve a contract with Insituform Technologies for the South Englewood Flood Reduction Site A project. Staff: Deputy Director of Public Works - Engineering Tim Hoos, Capital Project Engineer II Rachel Grafman ii. American Civil Constructors contract for the South Englewood Flood Reduction Site B project. 11cii Staff recommends City Council approve, by Motion, award of Contract to American Civil Constructors for Construction of South Englewood Flood Reduction Site B Project. Staff: Deputy Director of Public Works - Engineering Tim Hoos, and Capital Projects Engineer Rachel Grafman iii. 2024 City of Englewood Fee and Rate Schedule 11ciii Staff recommends City Council approve a Resolution for the 2024 City of Englewood Fee and Rate Schedule. Staff: Director of Finance Jackie Loh iv. Englewood Downtown Development Authority (EDDA) Proposed 2024 Budget Approval by Motion 11civ Staff recommends City Council approve, by Motion, EDDA Proposed 2024 Budget Approval. Staff: Hilarie Portell, EDDA Executive Director 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 6 of 1346 Englewood City Council Regular Agenda October 2, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Page 7 of 1346 MINUTES City Council Regular Meeting Monday, September 18, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 3 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 PJ Kolnik Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Deputy City Clerk Harkness Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Finance Loh Director of Community Development Power Director of Public Works Rachael Utilities Deputy Director - Business Solutions and Engineering Stone Department Administrator Fenton, Community Development Planning Manager Isham, Community Development Deputy Chief of Police Fender System Administrator Munnell, Information Technology Network Administrator Hunnicutt Officer Roberts, Police Department Page 1 of 19 Draft Page 8 of 1346 City Council Regular September 18, 2023 4 Executive Session a) Executive Session to discuss the purchase, acquisition, or sale of real property located near Civic Center under C.R.S. Section 24-6402(4)(a). Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION TO DISCUSS THE PURCHASE, ACQUISITION, OR SALE OF REAL PROPERTY LOCATED NEAR CIVIC CENTER UNDER C.R.S. Section 24-6402(4)(a). For Against Abstained Othoniel Sierra (Moved By) x PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. 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. Motion MOTION CARRIED. 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 PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x Page 2 of 19 Draft Page 9 of 1346 City Council Regular September 18, 2023 7 0 0 Motion CARRIED. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 11, 2023. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) A Proclamation declaring Constitution Week in the City of Englewood, Colorado was read into the record and presented by Mayor Sierra. b) A Proclamation declaring National Hispanic Heritage Month in the City of Englewood, Colorado was read into the record and presented by Mayor Sierra. 7 Recognition of Scheduled Public Comment a) Benjamin Ben David, an Englewood resident, was not present. b) Gary Kozacek, an Englewood resident, addressed Council regarding Code Next. c) Stephanie Brooks, an Englewood resident, addressed Council regarding the recall, CodeNext and the upcoming election. d) Cathy Naughton, an Englewood resident, addressed Council regarding the recall and CodeNext. e) Ida May Nicholl, an Englewood resident, addressed Council regarding density, fear and changing neighborhoods. f) Sheila Singer, an Englewood resident, addressed Council regarding multi- family housing, transparency, and infrastructure. Page 3 of 19 Draft Page 10 of 1346 City Council Regular September 18, 2023 g) Kevin Wright, an Englewood resident, addressed Council regarding infrastructure, density, crime, and homelessness. h) Kim Wright, an Englewood resident, addressed Council regarding CodeNext, and the recall. i) Kurt Suppes, an Englewood resident, addressed Council regarding the recall. 8 Recognition of Unscheduled Public Comment a) Tim Nichols, an Englewood resident, addressed Council regarding CodeNext. b) Jan Weipert, an Englewood resident, addressed Council regarding interruptions, and the importance of applause. c) Meredith Mallory, an Englewood resident, addressed Council regarding CodeNext. d) Michael Chisolm, an Englewood resident, addressed Council regarding homelessness. e) C. Ann Dickerson, an Englewood resident, addressed Council regarding applause and CodeNext. f) Amy Cesario, an Englewood resident, addressed Council regarding CodeNext, and the recall. g) LaSheita Sayer, an Englewood resident, addressed Council regarding short term rentals. h) Mike Jones, an Englewood resident, addressed Council regarding council communication and the recall. i) Marcy Brown, an Englewood resident, addressed Council regarding respect and CodeNext. j) Matt Crabtree, an Englewood resident, addressed Council regarding CodeNext, City Charter, and procedure. Council Member Anderson responded to public comment. The meeting recessed at 8:32 p.m. for a break. The meeting reconvened at 8:43 p.m. with all Council Members present 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(a)(ii), (9)(c)(i), and (9)(c)(v) from Consent Agenda. Moved by Council Member Nunnenkamp seconded by Council Member Kolnik to approve Consent Agenda Item 9(a)(i), 9(a)(iii), and 9(c)(ii-iv). a) Approval of Ordinances on First Reading Page 4 of 19 Draft Page 11 of 1346 City Council Regular September 18, 2023 i) CB-48 Amending Englewood Municipal Code to reflect new state name for art gallery permit, update state law references. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING TITLE 5 CHAPTER 3 OF THE ENGLEWOOD MUNICIPAL CODE TO UPDATE PERMIT NAME UNDER STATE LAW, AND UPDATE REFERENCES TO THE COLORADO REVISED STATUTES. For Against Abstained Othoniel Sierra x PJ Kolnik (Seconded By) x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. ii) CB-54 Intergovernmental Agreement between the City of Englewood and the Douglas County Sheriff regarding the use of an armored critical incident vehicle Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE DOUGLAS COUNTY SHERIFF’S OFFICE FOR A MEMORANDUM OF UNDERSTANDING REGARDING USE OF THE ROOK ARMORED CRITICAL INCIDENT VEHICLE For Against Abstained Page 5 of 19 Draft Page 12 of 1346 City Council Regular September 18, 2023 Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. iii) CB-58 City Ditch Crossing Agreements with Littleton Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE - CITY DITCH CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD, COLORADO For Against Abstained Othoniel Sierra x PJ Kolnik (Seconded By) x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. There were no items on Second Reading c) Resolutions and Motions i) Contract for Services with Global Underground Corp for Potholing Services Page 6 of 19 Draft Page 13 of 1346 City Council Regular September 18, 2023 Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Approval of a Contract for Services with Global Underground Corp for potholing services in the amount of $299,145, including approval to execute change order(s) to expend a 10% staff-managed contingency of $29,915, for a total project authorization of $329,060. For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. ii) On-Call Contract for Services with M. Gilmore Electric, LLC to furnish and install a new Allen Bradley Variable Frequency Drive at the Allen Water Treatment Plant Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik Approval of Task Order No. 1 on On-Call Contract for Services with M. Gilmore, LLC in the amount of $124,250, including approval to execute change order(s) to expend a 15% staff-managed contingency of $18,638, for a total task authorization of $142,888. For Against Abstained Othoniel Sierra x PJ Kolnik (Seconded By) x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Page 7 of 19 Draft Page 14 of 1346 City Council Regular September 18, 2023 Motion CARRIED. iii) Contract for Services renewal with C&L Water Solutions, Inc. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik Approval of an On-Call Contract for Services renewal with C&L Solutions for water distribution system support services in the amount not to exceed $1,000,000. For Against Abstained Othoniel Sierra x PJ Kolnik (Seconded By) x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. iv) Professional Services Agreement renewal with Johnson, Mirmiran & Thompson for as-needed development review support. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik Approval of a Professional Services Agreement Renewal for Development Review Support in the amount of $150,000. For Against Abstained Othoniel Sierra x PJ Kolnik (Seconded By) x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. v) Maintenance Responsibilities on Belleview Avenue Page 8 of 19 Draft Page 15 of 1346