The URL can be used to link to this page

Home My WebLink About2023-08-07 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, August 7, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Finance Jackie Loh was present to discuss the June 2023 Monthly Financial Report. b) City Attorney Tamara Niles was present to discuss proposed amendments to Council policies. The meeting recessed at 6:41 p.m. for a break. The meeting reconvened at 7:01 p.m. with all Council Members present. 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: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk Harkness Deputy City Manager Dodd Director of Finance Loh Page 1 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 Director of Utilities and South Platte Renew Van Ry Director of Community Development Power Director of Public Works Rachael Director of Parks, Recreation, Library, and Golf Underhill Deputy Director of Parks, Recreation, Library, and Golf Deputy Director of Public Works - Engineering Hoos Deputy Director of Utilities- Business Services Stone Deputy Chief of Police Fender Chief Building Official, Montanez, Community Development Planning Manager Isham, Community Development Economic Development Manager Hollingsworth, Community Development Capital Project Engineer II, Keener, Public Works City Architect Goblirsch, Public Works Sustainability Coordinator Englund, City Manager's Office System Administrator Munnell, Information Technology Officer Raddell, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of July 24, 2023. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 24, 2023. 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. 6 Appointments, Communications, Proclamations, and Recognition a) The City of Englewood was recognized for reaching SolSmart Bronze designation. 7 Recognition of Scheduled Public Comment a) Benjamin Ben-David, an Englewood resident, addressed Council regarding crime in Englewood. Page 2 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 b) C. Ann Dickerson, an Englewood resident, addressed Council regarding proposed Council policy amendments, Englewood Arts contract, and EMC Title 12. c) Pamela Beets, an Englewood resident, addressed Council regarding high density development and quality of life. d) Kathleen Bailey, an Englewood resident, addressed Council regarding safety of the South Englewood Drainage Basin. 8 Recognition of Unscheduled Public Comment a) Lisa Guthrie, an Englewood resident, addressed Council regarding support of CodeNext. b) Jim Copenhaver addressed Council regarding Englewood Arts. c) Jan Weipert, an Englewood resident, addressed Council regarding proposed Council policy amendments. d) Danielle Carr, an Englewood resident, addressed Council regarding Englewood Arts. e) Brian Carr, an Englewood resident, addressed Council regarding Englewood Arts. f) Jeff Shoemaker addressed Council regarding Englewood Arts. g) Kevin Wright, an Englewood resident, address Council regarding the sinkhole in Englewood and proposed Council policy amendments. h) Peder Olsen addressed Council regarding Englewood Arts. i) Robert Linebaugh addressed Council regarding filth and crime in the City. j) Gary Kozacek, an Englewood resident, addressed Council regarding a report on high density along the Santa Fe corridor. Mayor Pro Tem Ward responded to Public Comment. 9 Consent Agenda Items Moved by Council Member Nunnenkamp seconded by Council Member Anderson to approve Consent Agenda Items 9(b)(i-iii) and 9(c)(i). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading. (See Agenda Item 11(a)(i)-(iii).) b) Approval of Ordinances on Second Reading. i) CB-33 Recall Special Election Page 3 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 ORDINANCE NO. 32 SERIES OF 2023 (COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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. ii) CB-35 Approval of the City of Englewood (City) Utilities Department's partnership in the Environmental Protection Agency’s (EPA) WaterSense Program. ORDINANCE NO. 33 SERIES OF 2023 (COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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. iii) CB 36 - IGA with Arapahoe County for Coordinated Election Services ORDINANCE NO. 34 SERIES OF 2023 (COUNCIL BILL NO.36, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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. c) Resolutions and Motions i) Contract for Englewood Recreation Center (ERC) Front Desk, Offices and Restroom Renovation Approval of a professional services agreement with Rhinotrax Construction, Inc. in the amount of $750,000.00 for construction of the Front Desk, Offices and Restroom Renovations at the Englewood Recreation Center (ERC). Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve Consent Agenda Items 9(b)(i-iii) and 9(c)(i). Page 4 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 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. 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-34 Memorandum of Understanding between the City of Englewood and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES FOR A MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF), AND ENGLEWOOD POLICE DEPARTMENT, ENGLEWOOD, CO. 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. Page 5 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 ii) CB-37 Amending Englewood Municipal Code for the City’s Lead Reduction Program. Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward Motion to approve Council Bill No. 37 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 4 2 0 Motion CARRIED. Discussion ensued regarding a typo in the Ordinance under section KK (omission of the word "not" including curb stop). Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to reconsider Council Bill No. 37 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. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Motion to approve Council Bill No. 37 with amendments to KK to insert the word "not" and shall read: Page 6 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 Utility-Side Service Line: The City-owned portion of the water service line from the water main to the inlet of the curb stop, not including the curb stop. COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 12-1-1, 12-1-4, 12-1A-3, 12-1A-5, 12-1A-6, 12-1A-7, 12-1A8, 12-1A-9, 12-1A-10, 12-1A-11, 12-1B-1, 12-1B-2, 12-1B-4, 12-1B- 6, 12-1B-9, 12-1D-1, AND 12-1D-3 TO ADDRESS CITY RIGHT TO ACCESS PROPERTY FOR INSPECTIONS OF CUSTOMER-SIDE CONNECTIONS AND TO REVISE LANGUAGE OF THOSE CODE SECTIONS FOR CONSISTENT TERMINOLOGY AS AMENDED. 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 4 2 0 Motion CARRIED. iii) CB-38 Recall Special Election Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL MAIL BALLOT ELECTION FOR OCTOBER 3, 2023, TO DETERMINE WHETHER THE FOLLOWING CITY COUNCIL MEMBER WILL BE RECALLED FROM OFFICE: JOE ANDERSON, DISTRICT 3. 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 Page 7 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB-30 Assignment of Private Activity Bonds to Colorado Housing and Finance Authority Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward ORDINANCE NO. 35 SERIES OF 2023 (COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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 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 Establishing ballot questions to revise City Charter Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson ORDINANCE NO. 36 SERIES OF 2023 (COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) 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 Page 8 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON 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 5 1 0 Motion CARRIED. c) Resolutions and Motions i) Award of Contract to West Fork Construction for the 2023 Alley Grading & Stabilization Project Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Approval of a Contract to West Fork Construction for the 2023 Alley Grading Project in the amount of $491,612.50. 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 5 1 0 Motion CARRIED. ii) Approval of Change order to CFC #23-083, 2023 Mill and Overlay Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward Approval of Change order to CFC #23-083, 2023 Mill and Overlay. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Page 9 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. iii) Approval of a contract with Englewood Arts for use of a portion of the Englewood Civic Center Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson Approval of a contract with Englewood Arts for use of a portion of the Englewood Civic Center. 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. 12 General Discussion a) Mayor's Choice i) City Council discussed vacancy applicants and interview selection. ii) Executive Session pursuant to C.R.S. Section 24-6-402(4)(b) for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions regarding pending litigation. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION FOR THE PURPOSE OF RECIEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTION REGARDING PENDING LITIGATION. UNDER C.R.S. SECTION 24-6-402(4)(B) For Against Abstained Othoniel Sierra (Moved By) x Page 10 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 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 10:35 p.m. to go into Executive Session. The meeting reconvened at 11:14 p.m. with 6 Council Members present. 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 Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward 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 11:24 p.m. Page 11 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545 City Council Regular August 7, 2023 City Clerk Page 12 of 12 DocuSign Envelope ID: ACF32A0B-985E-456B-BE50-8538CBCA7545