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Home My WebLink About2023-07-17 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, July 17, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Public Works Victor Rachael, Deputy Director of Public Works Tim Hoos, Concrete Utility and Street Maintenance Manager Phil Neal, and Lead Streets Operator Tyler Koltay were present to discuss the Street Plan Overview. b) Director of Utilities and South Platte Renew Pieter Van Ry and Utilities Deputy Director Sarah Stone were present to discuss Lead & Copper City Municipal Code Changes. The meeting recessed at 6:54 p.m. for a break. The meeting reconvened at 7:01 p.m. six Council Members were present, 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 Cheryl Wink - resigned on July 17, 2023 prior to meeting STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Page 1 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Community Development Power Director of Finance Loh Director of Communications Harguth Director of Parks, Recreation, Library, and Golf Underhill Deputy Police Chief Fender Deputy Director of Public Works - Engineering Hoos Utilities Deputy Director Roach Utilities Deputy Director Stone Engineering Supervisor Branham, Public Works Environmental Compliance Edelstein, Utilities Economic Development Manager Hollingsworth Capital Projects Engineer Naji, Public Works Capital Project Engineer II Keener, Public Works Lead Streets Operator Koltay, Public Works Marketing & Social Media Strategist Davis, Communications System Administrator Munnell, Information Technology Network Administrator Hunnicutt, Information Technology Officer Smith Police Department Officer Galindo, Police Department Officer Hume, Police Department Officer Murry, Police Department Intern Will Morris, City Manager's Office Intern Merhar, City Attorney's Office Intern Lindsey, Communications Intern Angie, Community Development Intern Crimaldi, Human Resources Intern Harguth, Information Technology Intern Arneson-Parks, Recreation and Library Intern Jones, Police Intern Patridge, Public Works Intern Bazarov, South Platte Renew Intern Castillo, South Platte Renew Intern Insalaco, South Platte Renew Intern Ferrier, Utilities Intern Schneider, Utilities 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of June 20, 2023. Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp Page 2 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 20, 2023 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Summer Interns were recognized: • Will Morris-City Manager's Office • Justin Merhar-City Attorney's Office • Dylan Lindsey-Communications • Angie Bustillos-Community Development • Olivia Crimaldi-Human Resources • Cade Harguth-Information Technology • Brandon Arneson-Parks, Recreation and Library • Sydney Jones-Police • Elianna Patridge-Public Works • Sam Bazarov- South Platte Renew • Santiago Castillo-South Platte Renew • Tess Insalaco-South Platte Renew • Karson Ferrier-Utilities • Makenna Schneider-Utilities b) Water Production Supervisor Dave Chapman was recognized for his many years of service. 7 Recognition of Scheduled Public Comment a) Denver Maw addressed Council regarding Private Activity Bonds. b) Kathleen Bailey, an Englewood resident, addressed Council regarding South Englewood Basin. c) C. Ann Dickerson, an Englewood resident, addressed Council regarding property and citizen rights. d) Chris Duis, an Englewood resident, addressed Council regarding flooding and City Council. e) James Cooper, an Englewood resident, addressed Council regarding concerns about a business. Page 3 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 f) Lauren Cooper, an Englewood resident was scheduled to speak but did not. g) Charles and Sandra Fleming, Englewood residents, addressed Council regarding a condemned property on Delaware St. h) Benjamin Ben-David, an Englewood resident, addressed Council regarding alleys in Englewood. i) Mary Regan, an Englewood resident, addressed Council regarding property on Delaware St. j) Marcy Brown, an Englewood resident, addressed Council regarding homelessness and developers. k) Jan Weipert, an Englewood resident, addressed Council regarding housing and election. l) Gary Kozacek, an Englewood resident, addressed Council regarding the referendum. m) Kevin Wright, an Englewood resident, addressed Council regarding Planning and Zoning Commission. n) Kim Wright, an Englewood resident, addressed Council regarding elections. o) Laura Jordan, an Englewood resident, addressed Council regarding the property on Delaware St. 8 Recognition of Unscheduled Public Comment a) Pamela Beets, an Englewood resident, addressed Council regarding housing. b) Mike Jones, an Englewood resident, addressed Council regarding density and code next. c) Ivan Erwin, an Englewood resident, addressed Council regarding code next. d) Barry Landcaster, an Englewood resident, addressed Council regarding Council Bill No. 22 and service police fees. e) Ida May Nicholl, an Englewood resident, addressed Council regarding freedoms and liberties in America. Council Member Nunnenkamp responded to Public Comment. The meeting recessed at 9:08 p.m. for a break. The meeting reconvened at 9:22 p.m. all Council Members were present. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(a)(i-ii) and 9(b)(i) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Anderson to approve Consent Agenda Item 9(b)(ii). Page 4 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 a) Approval of Ordinances on First Reading i) CB-35 Approval of the City of Englewood (City) Utilities Department's partnership in the Environmental Protection Agency’s (EPA) WaterSense Program. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE CITY OF ENGLEWOOD’S FREE MEMBERSHIP IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S WATERSENSE PROGRAM AS A PROMOTIONAL PARTNER, TO HELP REDUCE MUNICIPAL WATER USE THROUGH WATER-EFFICIENT PRODUCTS AND CONSTRUCTION OF WATER-EFFICIENT NEW HOMES, AND AUTHORIZING THE CITY TO EXECUTE A WATERSENSE PARTNERSHIP AGREEMENT ON BEHALF OF THE CITY. 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. ii) CB-36 IGA with Arapahoe County for Coordinated Election Services [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 Chelsea Nunnenkamp COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER RUSSELL Page 5 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 A BILL FOR 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 7, 2023. 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. b) Approval of Ordinances on Second Reading. i) CB-22 Amending Englewood Municipal Code Regarding Reimbursement of Police Department Cost [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 Jim Woodward Motion to table Council Bill 22 indefinitely. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. ii) CB-29 Agreements with Toll Southwest, LLC (Toll) for City Ditch Relocation and McLellan Pump Station Land Dedication. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Page 6 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 ORDINANCE NO. 31, SERIES OF 2023 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST, LLC FOR CITY DITCH RELOCATION AND MCLELLAN PUMP STATION LAND DEDICATION. 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 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions. (See Agenda Items 11(c)(i- vi).) 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-30 The Colorado Housing and Finance Authority (CHFA) has requested the city to assign its 2023 Private Activity Bond (PAB) allocation to their organization. In previous years, the city has allowed its PAB to revert back to the statewide pool. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO HOUSING AND FINANCE AUTHORITY FOR THE ASSIGNMENT OF A PRIVATE ACTIVITY BOND Page 7 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 ALLOCATION PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. 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 5 1 0 Motion CARRIED. ii) CB-31 After 6 presentations reviewing City Charter from beginning to end, this ordinance creates ballot questions for voters to consider in making substantive changes to the City Charter Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE CALLING A MUNICIPAL ELECTION FOR NOVEMBER 7, 2023, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 5 1 0 Motion CARRIED. iii) CB-33 Recall Special Election Moved by Council Member Chelsea Nunnenkamp Page 8 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 Seconded by Council Member Joe Anderson Motion to amend Council Bill No. 33 by removing any language referencing At-Large position, in addition to sections 5 and 6. 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. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL MAIL BALLOT ELECTION FOR OCTOBER 3, 2023, TO DETERMINE WHETHER THE FOLLOWING CITY COUNCIL MEMBERS WILL BE RECALLED FROM OFFICE: CHELSEA NUNNENKAMP, DISTRICT 2; OTHONIEL SIERRA, DISTRICT 1; AS AMENDED. 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 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-ii).) c) Resolutions and Motions Page 9 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 i) Request to award bid for 7 traffic signal pole replacements spread across 4 intersections to Morton Electric. Poles were reported to be in very poor condition in 2020-2021 inspection reports and pose increased safety threats. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp Approval of a contract with Morton Electric, Inc in the amount of $571,360.00 for the 2023 Traffic Signal Replacement project with an allowance of 10% contingency in the amount of $57,136.00 to account for unknown circumstances that might be encountered on the project. The contingency will only be utilized, if necessary, to account for items not already in the plans. 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. ii) Contract to have a consultant design the HAWK signal beacon to be constructed at the 3400 Block of South Broadway. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Approval of a professional services agreement with Peters and Yaffee, Inc. in the amount of $137,755.79 for the design of a High-Intensity Activated Cross Walk (HAWK) signal in downtown Englewood at the existing pedestrian crossing in the 3400 block of South Broadway. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Page 10 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 Motion CARRIED. iii) Optimal source Contract for Services (CFS) with Colorado Analytical Laboratories (CAL) for regulatory compliance and laboratory analysis, in the amount not to exceed $130,000. Moved by Council Member Jim Woodward Seconded by Council Member Rita Russell Approval of an optimal source CFS with CAL for regulatory compliance and laboratory analysis of Englewood’s drinking water, in the amount not to exceed $130,000. For Against Abstained 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. iv) Professional Services Agreement (PSA) with Hazen and Sawyer (Sawyer) for consulting services for the Solids Handling Improvements Project in the amount of $238,720, including approval to execute any change order(s) to expend a 10% staff-managed contingency of $23,872, for a total project authorization of $262,592. Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Approval of a Professional Services Agreement (PSA) with Hazen and Sawyer (Sawyer) for consulting services for the Solids Handling Improvements Project in the amount of $238,720, including approval to execute any change order(s) to expend a 10% staff-managed contingency of $23,872, for a total project authorization of $262,592. 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 Page 11 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 6 0 0 Motion CARRIED. v) Q2 2023 Budget Supplemental Request Resolution Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 18, SERIES OF 2023 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2023 BUDGET OF THE CITY OF ENGLEWOOD. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. vi) Resolution approving agreement with Englewood Depot, Inc. regarding Depot Museum Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 19, SERIES OF 2023 A RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH ENGLEWOOD DEPOT, INC. AND OTHER LITIGATION DEFENDANTS REGARDING CONSTRUCTION, OPERATION OF DEPOT MUSEUM. 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 Page 12 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E City Council Regular July 17, 2023 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 11:39 p.m. City Clerk Page 13 of 13 DocuSign Envelope ID: 0DCF2165-FCFA-4D5C-A11B-8F7ED16D248E