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Home My WebLink About2023-08-21 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, August 21, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic There were no Study Session Items 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 6:02 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 PJ Kolnik Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk Harkness Records System and Program Manager Rogers Deputy City Manager Dodd 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 Planning Manager Isham, Community Development Page 1 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Deputy Chief of Police Fender Chief Building Official Montanez Recreation Manager Boyd Deputy Director of Parks, Recreation, Library and Golf Anderson Senior Planner Voboril Community Development Network Administrator Hunnicutt, Information Technology 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 August 7, 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. b) Minutes of the Special City Council Meeting of August 14, 2023 Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition Page 2 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 a) Summer Drama Program participants were recognized. 7 Recognition of Scheduled Public Comment a) Dan Jacobson did not speak during scheduled public comment. b) Jennifer White, an Englewood resident, addressed Council regarding Council decorum and Code Next c) C. Ann Dickerson, an Englewood resident, addressed Council regarding disappointment with Council decisions. d) Kevin Wright, an Englewood resident, addressed Council regarding a request to delay the Code Next vote e) Kim Wright, an Englewood resident, addressed Council regarding Storm Water Infrastructure concerns f) Rick Emmelhainz, an Englewood resident, addressed Council regarding his campaign to run for an at large position on City Council. g) Benjamin Ben-David, an Englewood resident, addressed Council regarding crime, homelessness and public drug use and Code Next. 8 Recognition of Unscheduled Public Comment a) Cathy Naughton, an Englewood resident, addressed Council regarding the Recall. b) Marcy Brown, an Englewood resident, addressed Council regarding Code Next and gentrification. c) Mike Jones, an Englewood resident, addressed Council regarding flash drives at City Council Meetings and disappointment with Council. d) Chris Duis, an Englewood resident, addressed Council regarding development, crime, and Western Welcome Week in Littleton. e) Steven Kelley, an Englewood resident, addressed Council regarding concerns with the Council Vacancy appointment process and general management of the City. f) Lisa Cranmer, an Englewood resident, addressed Council regarding concerns about recent construction in the neighborhood and infrastructure. Council Member Woodward responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(a)(iv) from Consent Agenda. Mayor Pro Tem Ward removed Agenda Items 9(a)(iii) from Consent Agenda. Page 3 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Moved by Council Member Woodward seconded by Council Member Nunnenkamp to approve Consent Agenda Item 9(a)(i-ii), 9(b)(i-ii), and 9(c)(i-ii). a) Approval of Ordinances on First Reading ii) CB 04 - Repeal Englewood Municipal Code Title 12 Chapter 6 Cable TV Customer Standards COUNCIL BILL NO. 04, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF ENGLEWOOD MUNICIPAL CODE REGARDING CABLE TV CUSTOMER STANDARDS Motion CARRIED. iii) CB-39 2023 National Electric Code Adoption COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2 ARTICLE D OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH THE ADOPTION OF THE 2023 NATIONAL ELECTRIC CODE WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. Motion CARRIED. iv) CB-40 Memorandum of Understanding between the Englewood Police Department and Arapahoe County Human Services, Child Protection Services 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. 40, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES CHILD PROTECTION SERVICES FOR A MEMORANDUM OF UNDERSTANDING 2023-2027 COOPERATIVE AGREEMENT Page 4 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 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. v) CB-45 - Amending Englewood Municipal Code Regarding the City Clerk Department Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING CITY DEPARTMENTS, BY ADDING CITY CLERK DEPARTMENT, REVISING FINANCE DEPARTMENT, AND UPDATING FIRE DEPARTMENT DESCRIPTIONS. For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB-34 Memorandum of Understanding between the City of Englewood and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives Page 5 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 ORDINANCE NO. 37, SERIES OF 2023 (COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF), HOMELAND SECURITY INVESTIGATIONS (HSI), SPECIAL AGENT IN CHARGE, AND UNDERSIGNED DENVER METROPOLITAN AREA LAW ENFORCEMENT AGENCIES FOR A MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF), AND ENGLEWOOD POLICE DEPARTMENT, ENGLEWOOD, CO, AND A MEMORANDUM OF UNDERSTANDING REGIONAL ANTI- VIOLENCE NETWORK (RAVEN) 2021 ii) CB-38 Recall Special Election ORDINANCE NO. 38, SERIES OF 2023 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER ANDERSON) 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. c) Resolutions and Motions i) Electrical, Instrumentation and Control Contract Renewals Approval of Electrical, Instrumentation and Control Contract Renewals. ii) Emergency 911 Radio Equipment Purchase Approval of a contract with Motorola Solutions for radio equipment in the amount of $275,986. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward Motion to approve consent agenda items 9(a)(i-ii), 9(b)(i-ii), and 9 (c)(i-ii). For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Page 6 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Rita Russell x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 7:26 p.m. for a break. The meeting reconvened at 7:38 p.m. with all Council Members present. 10 Public Hearing Items a) Public Hearing for Case 2020-09, Unified Development Code Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp MOTION TO OPEN THEPUBLIC HEARING FOR CASE 2020-09, UNIFIED CODE DEVELOPMENT For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 7 0 0 Motion CARRIED. All testimony was given under oath. Director of Community Development Brad Power, Planning Manager Bryan Isham, and Chris Brewster of Multi-Studio and Matt Ashby of Ayers Associates presented information regarding the proposed Unified Code Development 15 citizens spoke in favor of the proposed Unified Code Development 14 citizens spoke in opposition to the proposed Unified Code Development The meeting recessed at 10:12 p.m. for a break. The meeting reconvened at 10:18 p.m. with all Council Members present. Moved by Council Member Steven Ward Page 7 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Seconded by Council Member Jim Woodward MOTION TO CLOSE THE PUBLIC HEARING FOR CASE 2020-09, UNIFIED CODE DEVELOPMENT For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-42 Comcast Cable TV Franchise Agreement. Moved by Council Member Rita Russell Seconded by Council Member Joe Anderson COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE APPROVING A NONEXCLUSIVE, REVOCABLE CABLE FRANCHISE RENEWAL AGREEMENT BETWEEN COMCAST OF COLORADO IX, LLC, AND THE CITY OF ENGLEWOOD, COLORADO For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell (Moved By) x Jim Woodward x 7 0 0 Motion CARRIED. ii) CB-44 Tri-Cities Homelessness Plan of Action Page 8 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LITTLETON AND SHERIDAN FOR A TRI-CITIES HOMELESS NAVIGATION CENTER For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 5 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB-37 Amending Englewood Municipal Code for the City’s Lead Reduction Program Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward ORDINANCE NO. 39, SERIES OF 2023 (COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER ANDERSON) 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 For Against Abstained Othoniel Sierra x PJ Kolnik x Page 9 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 5 2 0 Motion CARRIED. c) Resolutions and Motions i) Englewood Environmental Foundation Dissolution Moved by Council Member Rita Russell Seconded by Council Member Steven Ward RESOLUTION NO. 20 SERIES OF 2023 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. TO ACQUIRE ITS PROPERTY, ASSUME ITS CONTRACTS. For Against Abstained Othoniel Sierra x PJ Kolnik x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell (Moved By) x Jim Woodward x 7 0 0 Motion CARRIED. ii) Amendment to the Professional Services Agreement for Architectural and Engineering Services for Office Space at the Allen Water Treatment Plant Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member PJ Kolnik Approval of an amendment to PSA-22-87 with Eidos for architectural and engineering services for space and process improvements at the Allen WTP in the amount of $215,380, for a total contract amount of $415,050 For Against Abstained Othoniel Sierra x Page 10 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1 City Council Regular August 21, 2023 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. 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 11:28 p.m. City Clerk Page 11 of 11 DocuSign Envelope ID: 1E9033A5-E416-4464-B3BD-652F7E47C4F1